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Home My WebLink About121018P NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, OCTOBER 18, 2012 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 Commissions or Boards 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 pr esent 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 prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 10/10/2012 2:07 PM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Deacon Dick Smith, Church of the Ascension  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) None. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 4, 2012. 2. CONSIDERATION of RESOLUTION 2012-23, accepting a “Sidewalk Easement Agreement” from the EagleRidge at Fountain Hills Property Owners’ Association, Inc., along portions of the Palisades Boulevard frontage of Eagle Ridge Tract F. 3. CONSIDERATION of approving a Wine Festival License/Wine Fair License submitted by Cory Whalin Russell, representing Su Vino Winery, in conjunction with the Great Grape Stomp 5k event, to be held on Avenue of the Fountains and Verde River Drive, which is scheduled for November 3, 2012, from 10:00 AM to 5:00 PM. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Nancy C. Zaw, representing the American Legion Auxiliary Fountain Hills Unit 58, Inc., located at 16837 E. Parkview, Fountain Hills, AZ, for the purpose of a fund raiser. Event to be held at Avenue of the Fountains and La Montana, scheduled to be held on Friday and Saturday, November 9 and 10, 2012, from 9:00 AM to 6:00 PM., and Sunday, November 11, 2012, from 10:00 AM to 6:00 PM. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz, representing the American Legion Post 58, located at 16837 E. Parkview, Fountain Hills, AZ, for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Friday, Saturday, and Sunday, November 9, 10 and 11, 2012 from 9:00 AM to 10:00 PM. Last printed 10/10/2012 2:07 PM Page 3 of 3 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert “Boe” James, representing the Veterans of Foreign Wars, Post #7507, for the purpose of a fund raiser. Event to be held at Saguaro Boulevard and Avenue of the Fountains, scheduled to be held on Friday and Saturday, November 9 and 10, 2012, from 9:00 AM to 10:00 PM, and Sunday, November 11, 2012, from 10:00 AM to 10:00 PM. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Michael A. Fleming, representing the Kiwanis Club of Fountain Hills, for the purpose of a fund raiser. Event to be held in conjunction with the 9th Annual Fountain Hills Fine Art & Wine Affaire, at Avenue of the Fountains, scheduled to be held on Friday, Saturday and Sunday, March 15, 16 and 17, 2013, from 10:00 AM to 5:00 PM. 8. CONSIDERATION of approving a CONTRACT for services from the Greater Phoenix Economic Council (GPEC), in the amount of $8,789, for FY12-13. REGULAR AGENDA ITEMS 9. CONSIDERATION of AUTHORIZING the transfer of appropriation from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget, to the Development Services Department/Facility Division maintenance line items in the amount of $10,000 for the dedication and naming celebration of the Town of Fountain Hills Civic Center to Cutillo Plaza. 10. DISCUSSION of CONCEPTUAL PLANS for the Avenue of the Fountains Median Improvement Project. 11. CONSIDERATION of the FIRST AMENDMENT to the professional services agreement C2012-133 with J2 Engineering and Environmental Design, LLC, for the Avenue Median Improvements, in the amount of $199,873.00. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT DATED this 11th day of October, 2012. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, OCTOBER 18, 2012 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 Commissions or Boards 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 prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 10/10/2012 2:07 PM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Deacon Dick Smith, Church of the Ascension  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) None. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 4, 2012. 2. CONSIDERATION of RESOLUTION 2012-23, accepting a “Sidewalk Easement Agreement” from the EagleRidge at Fountain Hills Property Owners’ Association, Inc., along portions of the Palisades Boulevard frontage of Eagle Ridge Tract F. 3. CONSIDERATION of approving a Wine Festival License/Wine Fair License submitted by Cory Whalin Russell, representing Su Vino Winery, in conjunction with the Great Grape Stomp 5k event, to be held on Avenue of the Fountains and Verde River Drive, which is scheduled for November 3, 2012, from 10:00 AM to 5:00 PM. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Nancy C. Zaw, representing the American Legion Auxiliary Fountain Hills Unit 58, Inc., located at 16837 E. Parkview, Fountain Hills, AZ, for the purpose of a fund raiser. Event to be held at Avenue of the Fountains and La Montana, scheduled to be held on Friday and Saturday, November 9 and 10, 2012, from 9:00 AM to 6:00 PM., and Sunday, November 11, 2012, from 10:00 AM to 6:00 PM. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz, representing the American Legion Post 58, located at 16837 E. Parkview, Fountain Hills, AZ, for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Friday, Saturday, and Sunday, November 9, 10 and 11, 2012 from 9:00 AM to 10:00 PM. Last printed 10/10/2012 2:07 PM Page 3 of 3 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert “Boe” James, representing the Veterans of Foreign Wars, Post #7507, for the purpose of a fund raiser. Event to be held at Saguaro Boulevard and Avenue of the Fountains, scheduled to be held on Friday and Saturday, November 9 and 10, 2012, from 9:00 AM to 10:00 PM, and Sunday, November 11, 2012, from 10:00 AM to 10:00 PM. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Michael A. Fleming, representing the Kiwanis Club of Fountain Hills, for the purpose of a fund raiser. Event to be held in conjunction with the 9th Annual Fountain Hills Fine Art & Wine Affaire, at Avenue of the Fountains, scheduled to be held on Friday, Saturday and Sunday, March 15, 16 and 17, 2013, from 10:00 AM to 5:00 PM. 8. CONSIDERATION of approving a CONTRACT for services from the Greater Phoenix Economic Council (GPEC), in the amount of $8,789, for FY12-13. REGULAR AGENDA ITEMS 9. CONSIDERATION of AUTHORIZING the transfer of appropriation from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget, to the Development Services Department/Facility Division maintenance line items in the amount of $10,000 for the dedication and naming celebration of the Town of Fountain Hills Civic Center to Cutillo Plaza. 10. DISCUSSION of CONCEPTUAL PLANS for the Avenue of the Fountains Median Improvement Project. 11. CONSIDERATION of the FIRST AMENDMENT to the professional services agreement C2012-133 with J2 Engineering and Environmental Design, LLC, for the Avenue Median Improvements, in the amount of $199,873.00. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT DATED this 11th day of October, 2012. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM MeetingDate:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: StrategicValues:Civic Responsibility C3 Solicit feedback in decision-making REQUESTTO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 4,2012. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intentofapproving previous meeting minutes isto ensure an accurate account ofthe discussion and action that took place atthat meeting forarchival 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;ifNo,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for Council use):Move to approve the consent agenda as listed Prepared by: Bevelyn Bender,TownClerk 10/8/2012 Ken Buchanan,Town Manager 10/9/2012 Page 1of1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM MeetingDate:10/18/2012 MeetingType:Regular Session Agenda Type:Consent Submitting Department:DevelopmentServices Staff Contact Information:RandyHarrel,Town Engineer Council Goal: Strategic Values:NotApplicable (NA)NotApplicable (NA) REQUEST TO COUNCIL (Agenda language):CONSIDERATION of RESOLUTION 2012-23,accepting a "Sidewalk Easement Agreement"from the EagleRidge at Fountain Hills Property Owners Association,along portions ofthe Palisades Blvd.frontageofEagleRidgeTractF. Applicant:EagleRidge at Fountain Hills Property Owners Association Applicant Contact Information:c/oHarry Paston/Community Manager Rossmar &Graham 9362 E.Raintree Drive Scottsdale,AZ 8560 Property Location:Eagle Ridge,Tract F,Palisades Blvd.frontage Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):The Eagle Ridge Subdivision,whichlies southwest of the intersection of Palisades Blvd.and Eagle Ridge Drive,was platted byMCO Properties in2001 and lieswithin the corporate limitsof the Cityof Scottsdale.Asa part of that subdivision,MCO constructed a southbound rightturn pocket (and adjacent westerly sidewalk)along Palisades Blvd.,toturn onto Sunset Vista Drive.MCO granted a 10'- widex 595'long Roadway Easement along this length to the Cityof Scottsdale.The actual roadway lieswithin the Town's existing Palisades Blvd.right-of-way,but the existing sidewalk lieswithin Scottsdale's existing Roadway Easement area (MCR 2001-1153525);the Town desires to have Sidewalk Easement area granted over this existing Scottsdale Roadway Easement area. Based on our current aerial photography,part of the existing meandering sidewalk along the west side of Palisades Blvd.(going north from the above Roadway Easement)lies outside of the existing Palisades Blvd. right-of-way,and has no existing easement.The Town desires to have Sidewalk Easement area granted over this currently non-easement area. The attached document grants the Town a Sidewalk Easement to encompass the portions of the existing sidewalk lying outside of any existing right-of-way or Town easement area,atbothof the above areas. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Page 1of2 Budget Reference (page number):N/A Funding Source:NA IfMultipleFundsutilized,listhere:N/A Budgeted;ifNo,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A StaffRecommendation(s):Staff recommends acceptanceofthe "Sidewalk Easement Agreement". List Attachment(s):Easement Photo Resolution 2012-23 Sidewalk Easement Agreement with Exhibit AMap. m (for council use):Move to approve RESOLUTION 2012-23,the "Sidewalk Easement Agreement",with theEagleRidgeatFountain Hills PropertyOwnersAssociation. Paul Mo^ra,Development Services Director 10/3/2012 Approved: Ken Buchanan,Town Manager 10/9/2012 Page 2 of2 TOWNOFFOUNTAINHILLS GRANT OF EASEMENT MAP EASEMENT PHOTO EAGLE RIDGE AT FOUNTAIN HILLS SUBDIVISION TRACT F \10.00'\y r "F"ATRACT EAGLE\RIDGE AT FOUNTAIN HILLS BK.-,569;PQ'11, ••'" SLOPE &.DRAINAGE EASEMENT AS RECORDED IN PALISADES BOULEVARD MAR OF DEDICATION BK 447,PG 32,MCR D=4°33'45" R=595.00V •:•?. L=47.38'i'i . T=23.70'\ POINT OF BEGINNING S60°30'20"W 10.00' D=9°02,10" R=585.00' L=92.26' T=46.23' O NORTH \ SCALE::1"=80\ PARCEL 604-B BK 165,^PG 16,MCR CITY OF SCOTTSDALE 10'ROADWAY EASEMENT MCR -.2001-1153525 A)EW SIDEWALK EASEMENT D=35°38'06" -R=595.00* •L=370.06' k:.V=46.23' PALISADES BOULEVARD MAP OF DEDICATION . BK 418,,.PG 36; MCR 96-0446649.:- —EXISTING SIDEWALK TOWN LIMITS : D=2°06f04" R=595.p0' L=21.92' T=10. I •--'.:•; >W POINTDF COMMENCEMENT,SOUTHEAST CORNER OF FINAL PLATFOR .^ EAGLE-RIDGEINFOUNTAINHILLS MCR 600K 569,PAGE 11:sheet1of i DATE:9-5-12 1774021.2 RESOLUTION NO. 2012-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING A SIDEWALK EASEMENT FROM EAGLERIDGE AT FOUNTAIN HILLS PROPERTY OWNERS’ ASSOCIATION, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. A sidewalk easement in substantially the form attached hereto as Exhibit 1 and incorporated herein by reference, across certain real property, generally located along Palisades Boulevard, at Sunset Vista Boulevard, is hereby accepted by the Town of Fountain Hills (the “Town”) from EagleRidge at Fountain Hills Property Owners’ Association, Inc. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and 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, October 18, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 1774021.2 EXHIBIT 1 TO RESOLUTION NO. 2012-23 [Sidewalk Easement Agreement] See following pages. When Recorded Mail To: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 SIDEWALK EASEMENT AGREEMENT GRANTOR:EagleRidge at Fountain Hills Property Owners'Association,Inc.,an Arizona nonprofit corporation GRANTEE:Town of Fountain Hills,an Arizona municipal corporation (the "Town") THIS SIDEWALK EASEMENT AGREEMENT (this "Agreement")is entered into ,2012,byand between the Town and Grantor forthe purposes set forth below. RECITALS A.Grantor isthe record owner of certain real property atthe location identified on Exhibit A,attached hereto and incorporated herein bythis reference (the "Easement Area"). B.The Town and Grantor desire to enter into this Agreement for Grantor to grant to theTowna non-exclusive,continuous and perpetual easement together withthe necessary right of access,ingressand egress through,over,under,upon,in,across andalongthe Easement Area (the "Easement"),for purposes of constructing,installing,operating,inspecting,maintaining, repairing,replacingorremovingapublicsidewalk(s)andallappurtenancesthereto(the"Public Improvements"). AGREEMENT NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated hereinbyreference,themutual covenants setforthbelowandothergoodandvaluable consideration,thereceiptandsufficiency of whichareherebyacknowledged,thepartieshereto agreeasfollows: 1.Grant of Easement.The Grantor hereby grants and conveys tothe Town the Easement forthe construction,installation,operation,inspection,maintenance,repair, replacementorremoval of thePublicImprovementswithintheEasementAreatogetherwith rights of ingressandegress whenever,intheTown'sjudgment,initssoleand absolute discretion,thesameshallbenecessaryfortheconvenientandsafeexercise of therightsherein granted. 2.Maintenance of the Easement.Grantor shall not install or construct,or authorize tobeinstalledor constructed,anybuilding,structure,orother improvement orobstructionthat interfereswithorimpedesthe Town's accesstotheEasementAreaorthe Town's rightto 1773586.1 maintainthePublic Improvements inthe Easement,norshall Grantor drillanywell,plantany trees,store materials of anykind,or alter ground levelbycutorfill,within thelimits of the Easement Area,without the prior,written consent of the Town. 3.Indemnification.The Town shall,tothe extent permitted bylaw,indemnify and hold Grantor harmless fromanyandall damages,costs,expenses,attorney fees,claims or liabilities arisingfromor relating tothe Town's negligence with respect totheuse of the Easement AreabytheTown,its successors in interest,assigns,agents,employees,visitorsor invitees. 4.Liens and Encumbrances.The Town represents and warrants that itwill maintain the Easement Area free and clear fromanyliensor encumbrances of any nature whatsoever in connection with Town's construction of the Public Improvements on theEasement Area orthe useby Town of the Easement Area. 5.Running of Benefits and Burdens.All provisions of this Agreement,including the benefits and burdens,runwiththelandandare binding upon andinuretothe assigns, successors and tenants of the parties hereto. 6.Attorneys'Fees.Either party may enforce this instrument by appropriate legal actionandthe prevailing partyinsuch litigation may recover aspart of itscostsinsuchaction reasonable attorneys'feesand court costs. 7.Additional Easements.Nothing contained inthis Agreement shall prohibit Grantor from conveying additional easements for access,utilityor other purposes through,over, under,upon,in,acrossandalongtheEasementAreatotheowners of properties thatabutthe Easement Areaorto government or quasi-governmental agencies;provided,however,thatno such additional rightsor easement shall impair the Town's use of the Easement herein granted. 8.Entire Agreement.This instrument contains the entire agreement between the partiesrelatingto Town's use of theEasementAreaforPublicImprovements'installation, operationandmaintenance.Anyoralrepresentationsormodificationsconcerningthesubject matter of this instrument shallbe of noforceor effect,except a subsequent modification in writing,signedbytheparties. 9.Cancellation bv Town.This Agreement maybe cancelled bytheTown pursuant to Ariz.Rev.Stat.§38-511 atwhichtime,the Easement shallbe extinguished. [SIGNATURES ON FOLLOWING PAGES] 1773586.1 INWITNESSWHEREOF,thepartieshaveexecutedthisAgreementonthedatefirstset forth above. "Grantor" EAGLERIDGE AT FOUNTAIN HILLS PROPERTY OWNERS'ASSOCIATION, INC.,an Arizona nonprofit corporation Name:K«JB^T UAlu/Vm>S Title:Cft££\b<£/\3 j (ACKNOWLEDGMENT) STATE OF i"Zoki«X- COUNTY OF?HqcucoPQ-) )ss. ^—n This instrument was acknowledged before me on r^~3^£PT^7"'1^£a-3~]2012,^^wtW.IUhS as~IIB^§\^<^T ,of EAGLERIDGE AT FOUNTAIN HILLS^PkOPERTY OWNERS'ASSOCIATION,INC.,an Arizona nonprofit corporation,on behalf of the corporation. My Commission Expires: 4\\>™<A h .D°id- le State of -Qp.i7.oNi. i /-^wiT^N Notary Public Staleof Arizona --;^•;::U.,';^Maricopa County v U&wJSj Sharon J Clark >J,^BjiSzr My Commission Expires 08/05/2014 > [SIGNATURES CONTINUEONFOLLOWINGPAGE] 1773586.1 ACCEPTED BY: "Town" TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation By: Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J.Bender,Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was acknowledged before meon ,2012, byKennethW.Buchanan,Town Manager of theTOWNOF FOUNTAIN HILLS,anArizona municipal corporation,on behalf of theTown of Fountain Hills. Notary Public inandfortheState of Arizona My Commission Expires: 1773586.1 1773586.1 EXHIBIT A TO SIDEWALK EASEMENT AGREEMENT [Easement Area] Seefollowingpage. TOWNOFFOUNTAINHILLS GRANTOFEASEMENTMAP EXHIBITA EAGLERIDGEATFOUNTAINHILLSSUBDIVISIONTRACTF D=4°33'45" R=595.00* L=47.38' T=23.70' POINTOFBEGINNING NORTH SCALE:1"=; S60o30'20"W 10.00' D=9°02'10" R=585.00' L=92.26' T=46.23' PARCEL604-B BK165,PG16,MCR CITYOFSCOTTSDALE 10'ROADWAYEASEMENT MCR2001-1153525 NEWSIDEWALKEASEMENT D=35°38,06" R=595.00' L=370.06' T=46.23' PALISADESBOULEVARD MAPOFDEDICATION BK418,PG36, MCR96-0446649 EXISTINGSIDEWALK TOWNLIMITS D=2o06'04" R=595.00' 1=21.82' T=10.91' POINTOFCOMMENCEMENT,SOUTHEAST CORNEROFFINALPLATFOR EAGLERIDGEINFOUNTAINHILLS MCRBOOK569,PAGE11SHEET10F DATE:9-5- TOWN OF FOUNTAIN HILLS COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Julie Ghetti,Deputy Town Manager,480-816-5113,jghetti@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving aWineFestival License/Wine Fair License submitted byCoryWhalinRussell representing SuVino Winery,in conjunction withthe Great GrapeStomp5k tobeheldon Avenue of the Fountains and Verde River Drive,which is scheduled for November 3,2012,from 10:00 AM to 5:00 PM. Applicant:Cory Whalin Russell Applicant Contact Information:(480)816-5135 Property Location:Avenue of the Fountains and Verde River Drive 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 ofthisitemisto obtain Council's recommendation regarding the wine festival license/wine fair license application submitted byCory Whalin Russell representing Su Vino Wineryfor submission totheArizona Department ofLiquor.The WineFestival License/Wine FairLicense application was reviewedbystafffor compliance withTown ordinances andstaff unanimously recommends approval ofthis special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA IfMultiple Funds utilized,listhere:N/A Budgeted;ifNo,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page oftheapplicationand staffs'recommendation SUGGESTED MOTION (for council use):Moveto approve the consent agenda. Page 1of2 "Prepared by ^ tr \vMhs-a^ Jo Moorman,Financial Services Tech. Director's Approval: io )/<$/. 10/18/2012 Julie Ghetti,Deputy Town Manager/Finance Director 10/18/2012 Approved: Ken Buchanan,Town Manager 10/18/2012 Page 2 of2 TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable): 1)Streets Division 2)Fire Department 3)Building Division 4)Community Services 5)Development Services 6)Law Enforcement 7)Licensing DATE:September 19,2012 FROM:Jo Moorman,Accounting Clerk RE:Wine Festival License/Wine Fair License Attached isa Wine Festival License/Wine Fair License for review forSu Vino Winery,located at 7035 E Main Street,Suite 110,Scottsdale,AZ 85251.forawine festival/wine fair license in conjunction withthe Great Grape Stomp 5ktobeheldon Avenue ofthe Fountains andVerdeRiver Drive,which is scheduled for November 3,2012. Please review the application.Please sign,indicating staff's recommendation for approval (with or without stipulations)or denial,ontheform which willbe passed out during a staff meeting to beheldon September 19,2012. If staff's recommendation isto deny or there are stipulations for approval,please attach a memo that specifies the reasoning andthe memo willbe forwarded ontothe Town Council for their consideration of this application. Applicant:Cory Russell Whalin Date(s)of Event:November 3,2012 Date Application Received:Sep.19,2012 Town Council Agenda Date:Oct.18,2012 STAFF REVIEW AND RECOMMENDATION: 'Attach report for denial or any recommendation requiring stipulations. A Name of staff w,ho reviewed application Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing Zi'Coimcii Pii.ckess\2fM2\Rifl 18 i ,\Sp>vi.H Bvcivi N/A une ot stair wno reviewed apj l.yyo^vgb 7?-/Qffied- U.+ist-tert-^ic-ni ^^ Jo Moorman Does the business have a current business license?Fill In Business License #Effective period Does the business name match database?Fill In Doownersand/orofficerslistedontheapplicationmatchthedatabase?FillIn Doesthemailingmatchthe database?FillIn Does the business address match the database?Fill In to km<M I ic*i»w •Si-Vitus Winer\\!'X:parl ivc form fcix.vii.tl Lwrii Liuiic S«Vino State of Arizona Department of Liquor LicensesandControl 800 W.Washington,5th Floor Phoenix,AZ 85007 www.azliquor.gov (602)542-5141 APPLICATION FOR WINE FESTIVAL LICENSE/WINE FAIR LICENSE FEE =$15.00 per event Aservicefeeof$25.00willbe charged forall dishonored checks (A.R.S.44-6852) Aseparate license isneededwhen days arenot consecutive.Only twenty-five (25)licensespercalendaryearforupto seventy-five calendar daysmaybeissued,excluding sanctioned county or state fairlicenses. Whalin Cory Russell1.Applicant's Name: Last First Middle 2.BusinessName:ou v,l,u v'™y D.F.W.I irr '^'^ 3.Location of Festiv (DomesticFarmWineryLicense#) a|.Avenue ofthe Fountains/Verde River Dr.,Fountain Hills Maricopa 85268 (Physical location -Donotuse PO Box)City ale County AZ Zip 4.MailingAddress:7035 E.Main Street,Suite 110 Scottsd 85251 5.Date and hours ol DATE 11/3/2012 "festival: DAY OF WEEK HOUR Saturday 10:00a City SFROM m a.m./p.m. -a.m./p.m. .a.m./p.m. a.m./p.m. a.m./p.m. a.m./p.m. a.m./p.m. a.mVp.m. a.m./p.m. a.m./p.m. State HOURS TO 5:00pm Zip a.mVp.m. a.m./p.m. -a.mVp.m. a.m./p.m. a.m./p.m. a.m./p.m. a.mVp.m. a.mVp.m. a.mVp.m. a.mVp.m. 6.Name and addres 16705 E.Avenue of 1 sofsite owner:Town of Fountain Hills Last First he Fountains Founta n Hills Middle AZ 85268 7.Phone Numbers: LIC0118 05/2009 Address City (480 i 816-5135 ,480 x994-8466 (480 State ) Zip Site Owner Ap *Disabled individuals requiring special accommodat plicant'sBusiness Applicant'sResidence on,please call(602)542-9027. 8.Has the festival site owner given permission for use of the site and for the sale of spirituous liquors?YES 0 NO • 9.Are the spirituous liquors tobe sold or served Arizona Domestic Farm Winery Products ONLY?YESH NO • 1910.How many wine festival licenses have you applied for this calendar year,including this one? 25Givethetotalnumberofdaysyouhaveheldlicensedwinefestivalsthisyear 11.What security and control measures willyoutaketoprevent violations ofstate liquor lawsatthis event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) 1 #Police 0 Fencing #Security personnel O Barriers There will be personnel at the entrants/exits checking IDs and ensuring wine does not leave the fenced area. Additionally,we will havearoamingSheriffpersonnelto ensure individualsareonlyenteringthe area atthe designated entrants/exits points. 12.Your licensed premises isthatareainwhichyouare authorized tosell,dispense,orserve spirituous liquors under the provisions ofyour license.The following pageistobe used to prepare a diagram ofyourwine festival/fair licensed premises. Pleaseshowdimensions,servingareas,fencing,barricadesorothercontrolmeasuresandsecuritypositions. I,.OS (Pfrit fullname) havereadthe appliatfj-eifaraHfte'contents andallstatementsaretrue,correctandcomplete. ^A^nSSrENRARPLICANT) NOTARY PUBLIC -ARIZONA MaricopaCounty My Commission Expires June14,2015 .,herebydeclarethatIamthe APPLICANT filingthis application.I State of /\f\"tQf\C\County of ^Ao-CtCoOCk Theforegoinginstrumentwas acknowledged beforemethis /2 *day of Q+jyUsnbLT .2X>\2- T Month HVIy commission expires on™(^-IQ "*Z Q JjS (Signature ofNOTARYPUBLIC) By: ***FOR USE BY LOCAL GOVERNING AUTHORITY ONLY *** (Government Official) (City,Town,orCounty) O APPROVED ,hereby O APPROVE O DISAPPROVE this application onbehalfof X. (Title) ***FOR USE BY DLLC ONLY *** O DISAPPROVED (SignatureofOFFICIAL) Date: TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:JulieGhetti,Deputy Town Manager,480-816-5113,jghetti@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSEAPPLICATIONsubmittedbyNancyC.ZawrepresentingtheAmericanLegionAuxiliaryFountainHillsUnit 58,Inc.locatedat16837E.Parkview,FountainHills,AZforthepurpose of afundraiser.EventtobeheldatAvenue of theFountainsandLaMontana,scheduledtobeheldonFridayandSaturday,November 9and 10,2012from9:00AMto 6:00PM.andSunday,November 11,2012 from 10:00 AMto6:00PM. Applicant:Nancy C.Zaw Applicant Contact Information:(480)837-5958 Property Location:Avenue of the Fountains and La Montana Related Ordinance,Policyor Guiding Principle:A.R.S.§4-203.02;4-244;4-261and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):Thepurposeofthis item istoobtainCouncil'srecommendationregardingthe specialevent liquor license application submitted by Nancy C.Zaw representing the American Legion Auxiliary Fountain Hills Unit58,Inc.for submission totheArizona Department ofLiquor.The special event liquor license application was reviewed bystaffforcompliance with Town ordinancesandstaff unanimously recommends approvalofthisspecialeventliquorlicenseapplication as submitted. Risk Analysis (optionsor alternatives withimplications):N/A Fiscal Impact (initial andongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere:N/A Budgeted;ifNo,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page oftheapplicationandstaffs'recommendation SUGGESTED MOTION (for Council use):Moveto approve the consent agenda. Page 1of2 Prepared by:^, \o)id 10/18/2012 Director's Approval: JulieGhetti,DeputyTown Manager/Finance Director 10/18/2012 Approved:proved:.,«-—* Ken Buchanan,Town Manager 10/18/2012 Page 2 of 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 /Xf4*<m APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00perdayfor1-10day events only A service feeof $25.00 will be charged forall dishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. **Application must be approved by local government before submission to Department of Liquor Licenses and Control.(Section #20) 1.Name Of Organization!American Legion Auxiliary Fountain Hills Unit 58,Inc. 2.Non-Profit/I.R.S.Tax Exempt Number:soi019/Tax idno.43-1953709 DLLC USE ONLY LICENSE # 3.The organization isa:(check one box only) •Charitable \7\Fraternal (must have regular membership and in existence for over 5 years) •Civic []Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose of this event?0 on-site consumption •off-site consumption (auction)•both Fundraiser 5.Location Of the event:Avenue ofthe Fountain andLa Montana Fountain Hills Maricopa 85268 Addressofphysicallocation(NotP.O.Box)City CountyZip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:Zaw ^C Last First Middle Date of Birth 7.Applicant's Mailing Address:16837 E.Parkview Ave.Fountain Hills AZ 85268 Street City State Zip 8.Phone Numbers:(4so )620-1679 (4so )837-5958 ( Site Owner #Applicant's Business #Applicant'sHome# 9.Date(s)&Hours OfEvent:(see A.R.S.4-244(15)and (17)for legal hours of service) Date Dayof Week Hours fromA.M./P.M.ToA.M./P.M. Day 1:Nov.9,2012 Friday 9:00 a.m.6:00 p.m. Day 2:Nov.10,2012 Saturday 9:00 a.m.6:00 p.m. Day 3:Nov.11,2012 Sunday 10:00 a.m.6:00 p.m. Day4: Day 5: Day 6: Day 7: Day 8: Day9: Day 10: •Disabled individuals requiring special accommodations,please call (602)542-9027 September 2011 10.Hastheapplicantbeenconvictedofafelonyinthe past fiveyears,orhadaliquorlicenserevoked? •YES [3 N0 (attach explanation if yes) 11.This organization has been issued a special event license for 1 days this year,including this event (notto exceed 10 days peryear). 12.Is the organization using the services ofa promoter or other person to manage the event?[]YES [7]NO If yes,attach a copy of the agreement. 13.List allpeopleandorganizationswho will receivethe proceeds.Accountfor100%oftheproceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name American Legion Auxiliary Fountain Hills Unit 58,Inc.50% Percentage AririroQQ 16837 E.Parkview Ave.Fountain Hills,AZ 85268 Name VFW Post 7507 50% Address Pa Box20677Fountain Hills>^85268 (Attach additional sheet if necessary) 14.Knowledge of Arizona State Liquor Laws Title 4is important to prevent liquor law violations.If you have anyquestionsregardingthelaworthis application,please contacttheArizona State Departmentof Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.Whatsecurityandcontrol measures will you take to prevent violationsof state liquorlawsatthis event? (List typeandnumberofsecurity/policepersonnelandtypeoffencingorcontrolbarriersifapplicable) .#Police [71Fencing #Security personnel Q Barriers 16.Is therean existing liquor license atthe location wherethe special eventis being held?£]YES \7\NO If yes,does the existing business agree to suspend theirliquor license during the time period,and in thearea in which the special event license will be in use?•YES •NO (ATTACH COPY OF AGREEMENT) () Name of Business Phone Number 17.Your licensed premises is that area in which you are authorized tosell,dispense,or serve spirituous liquors under the provisions ofyour license.The following page isto be used to prepare a diagram ofyour special event licensed premises.Please show dimensions,serving areas,fencing,barricades or other control measures and security positions. SPECIAL EVENT UCENSED PREMISES DIAGRAM (This diagram must be completed with this application) SpecialEventDiagram:(Show dimensions,serving areas,andlabeltypeof enclosure and security positions) NOTE:Show nearest cross streets,highway,or road if iocation doesn't have an address. L P A R K i N G ~*1 1 s: 4^7 s o fc £9 3 LftMOWrAK4D s g Kb VHUJJjE RXU£R OJOWE GhunWotf commix* f ~~ja 18 TO 17 SASUAR0 14 '15 MTOSMO COVERED WHmO. [jKEDIAN T2 13 '^HANDIOU*ACCESS .ARestrooinsI Stae»2 BRUUSE CSOVOttKf o O •<*« a o •2 g 3 s siR f N G 16^J BLVI> •it.iiiim../vi.-<» MBD1AN _J FOUfcTAIM f>/3Rft <^k£^*J THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 -jg |Sandra P DeAngelis (Printfull name) applicant listedinQuestion6,toapplyjjnbehalfofthe foregoing organization for aSpecialEvent Liquor License X SZ<J*<*-*-*£L*-<*£2 K^j^u±^/j^.<.IS.^Vice President ^(Signature My Commission expires on _..,LISI5te6F REBECCA M.DALMAN Notary Puttie-Stala ofArizona MARICOfA COUNTY MyComm.Expires Mar.13,2016 7*•&-9-t>/6 (Date) declarethatIamanOfficer/Director/Chairperson appointing the (Title/Position) 10/1/12 (Date) ft ri ?*/U~r.niinty of The foregoing instrumentwasacknowledgedbeforeme(his /.57-<*W->Z),X* Year (Phone #) {^L^rT^d.—^^ PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 ^n|Nancy C Zaw k=M ECCA M.DALMAN Notarypub!**Stats ofArizona MAfclCOP^COUNTY-,j/Mv Comn-Expi^MayT33(n6 Z7)// My rnJnmiggJnn e>vp*rt>^flfl; 4£= (Date) declare that I am the APPLICANT filing thisapplication as (Printfull name) listedin Question 6.I have readtheapplication and the contents and all statements are true,correct andcomplete. State of ft hZ-d*^County of /ndL^.'cj-tftv The foregoing instrument was acknowledged before me this 0 ^OilU ;Month /|Yea/i i^L*^^,Sit -J JjJ^rU?' ature of NOTARY PUBLIC) You must obtain local government approval.Citv or County MUST recommend event and complete item #20. The local governing body mav require additional applications to be completed and submitted 60 days in advance of the event Additional licensing fees may also be required before approval may be granted. 20.1 on LOCAL GOVERNING BODY APPROVAL SECTION herebv recommend this sdgicial event application (Government Official) behalf of (City,TownorCounty) (Title) (Signature ofOFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) •approved •DISAPPROVED BY: (Title)(Date) TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable): 1)Streets Division 2)Fire Department 3)Building Division 4)Community Services 5)Development Services 6)Law Enforcement 7)Licensing DATE:October 1,2012 FROM:Jo Moorman,Accounting Clerk RE:Special Event Liquor License Application Attached isa Special Event Liquor License Application for review for Nancy C.Zaw,American Legion Auxiliary Fountain Hills Unit 58,Inc.,located at16837E.Parkview,Fountain Hills,AZ 85268.This is for a fundraiser to be held at Avenue of the Fountains and La Montana on November 9,10,and 11,2012. Please review the application.Please sign,indicating staff's recommendation for approval (with or without stipulations)or denial,ontheform which willbe passed out during a staff meeting to be held on or after October 1,2012. If staff's recommendation isto deny or there are stipulations for approval,please attach a memo that specifies the reasoning andthememowillbe forwarded ontothe Town Councilfortheir consideration of this application. Applicant:Nancy C.Zaw Date(s)of Event:November 9,10,and 11,2012 Date Application Received:Oct.1,2012 Town Council Agenda Date:Oct.18,2012 STAFF REVIEW AND RECOMMENDATION: *Attach report for denial or any recommendation requiring stipulations. A Name of staff who reviewed application #1.«&. fi^iW k^Urs-gfi^T. -CfA3-2yv3 ^=-<-fb t»99 {***»!c*>&«L.-H*rt-i vVo /jfe2 J^a ^^ ft*5*?d\f&v?,M v^s v\g\ii._N<<-»g Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing N/A Jo Moorman Does the business have a current business license?Fill In Business License #Effective period to Does the business name match database?Fill In Doownersand/orofficerslistedontheapplicationmatchthedatabase?FillIn Doesthemailingmatchthe database?FillIn Does the business address match the database?Fill In 7:M '«HTcii PiickesrfV 's;-"\R UMtf i I\5>jXvi«i!Bvohi i.iqwM I icensc •Amerk-a!!f .osjioii Auxi5ias'y'\i tepsin ivy I'wrttt Special \i\vn\li<j Vjiierii an i c/um Au\\Yv.\r\AtKS TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 MeetingType:RegularSession AgendaType:Consent Submitting Department:Administration Staff Contact Information:Julie Ghetti,DeputyTown Manager,480-816-5113,jghetti@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TOCOUNCIL (Agenda Language):CONSIDERATION ofapprovinga SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D.Schmitz representing the American Legion Post 58 located at 16837 E.Parkview,Fountain Hills,AZ for the purpose ofa fund raiser.Event to be held at 16837 E.Parkview,scheduled to be held on Friday,Saturday,and Sunday,November 9,10 and 11,2012 from 9:00 AM to 10:00 PM. Applicant:Robert D.Schmitz Applicant Contact Information:(480)837-5958 PropertyLocation:16837E.Parkview,Fountain Hills,AZ 85268 RelatedOrdinance,PolicyorGuiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 StaffSummary (background):The purpose of this item isto obtain Council's recommendation regarding the special event liquor license application submitted by Robert D.Schmitz representing the American Legion Post 58forsubmissiontothe Arizona Departmentof Liquor.Thespecialevent liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this specialeventliquorlicenseapplication as submitted. Risk Analysis (optionsoralternatives with implications):N/A FiscalImpact (initial andongoingcosts;budgetstatus):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;ifNo,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front pageofthe application andstaffs'recommendation SUGGESTED MOTION (for council use):Moveto approve the consent agenda. Page 1of2 r Prepared by: Jo Moorman,Financial Services Tech.10/18/2012 Director's Approval: _.ai IMJulieGf^etti,DeputyTown Manager/Finance Director 10/18/2012 Approved: Ken Buchanan,Town Manager 10/18/2012enBuchanan,Town Manager Paae 2 of2 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service feeof $25.00 will be charged forall dishonored checks (A.R.S.§44-6852) : NOTE:THISDOCUMENTMUSTBEFULLY COMPLETED ORITWILLBERETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. **Application must beapprovedby local governmentbefore submission to DepartmentofLiquor Licenses andControl.(Section #20) :tfjMjz&AjL^tl (jz^t^t^ic-St 3%1.Name of Organization: 2.Non-Profit/I.R.S.Tax Exempt Number:5L-'3-33 97^fH DLLC USE ONLY LICENSE # >Y*> 3.Theorganizationisa:(checkonebox only) [S'Charitable •Fraternal (must have regular membership and in existence for over 5 years) •Civic •Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose of this event?•on-site consumption •off-site consumption (auction)•both 5.Location of the event /^37 £/Wv//^J -&»±^a<h &"*>%L-^M Address of physical location (Not P.O.Box)City County Zip Applicantmustbeamemberofthe qualifying organization andauthorizedbyan Officer.Director or Chairperson of the Organization named in Question #1.(Signature reguired in section #18) 6.Applicant:So.1*m /7Z tZotof/lrr 1^ [iit First Middle Dateof Birth 7.Applicant's Mailing Address:^'Ln P#s*o*T)*-.F^jWhj Hrus,/h.gf<3>^l Street City State Zip 8.Phone Numbers:(^o)131-$&*l4U £31-gggS SiteOwner#Applicant's Business#Applicant's Home# 9.Date(s)&Hours Of Event:(Remember:you cannot sell alcohol before 10:00 a.m.on Sunday) Day1 Day2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8 Day 9 Day 10: September 2011 Date 11—i&-11- Dayof Week a-//-r^£o±j£fPi Hours from A.M./PJ ±QO Mn\ ^Disabled individuals requiring special accommodations,please call (602)542-9027 ToA.M./P.M. 16 :&o P/v\ 10.Has the applicant been convicted ofa felony in thepast five years,or had a liquor license revoked? •YES [3,NO (attach explanation if yes) 11.This organization has been issued a special event license for days this year,including this event (notto exceed 10 days peryear). 12.Is the organization using the services of a promoter or other person to manage the event?•YES g^NO If yes,attach a copy of the agreement. 13 List all people and organizations who will receive the proceeds.Account for 100%ofthe proceeds. THE ORGANIZATION APPLYINGMUST RECEIVE 25%OFTHE GROSS REVENUES OFTHESPECIAL EVENT LIQUOR SALES. Nam*&r77&>U<l<^U&i^aJ &*f S2 /<^/% "~"j-Percentage Address Name. Percentage Address —~~ (Attach additional sheet ifnecessary) 14.Knowledge of Arizona State Liquor Laws Title 4is important to prevent liquor law violations.If you have any questions regarding the law orthis application,please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE-ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NOALCOHOLIC BEVERAGES SHALLLEAVE SPECIAL EVENT PREMISES." 15.What security and control measures will you take to prevent violations ofstate liquor laws at this event? (List type and number ofsecurity/police personnel and type offencing or control barriers if applicable) &*Police •Fencing &"#Security personnel •Barriers 16.Is there an existing liquor license at the location where the special event is being held?[cJ^ES •N0 If yes,does the existing business agree to suspend their liquor license during the time , period,and in the area in which the special event license will be in use?0TES •NO (ATTACH COPYOF AGREEMENT) Name of Business 2§Tj&?Phone Number 17 Your licensed premises is that area in which you are authorized to sell,dispense,or serve spirituous liquors under the provisions of your license.The following page 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 positions. '"—:;;r~--~~r~™s?SP^&VENT-IJ[GENSED PREMISES DIAGRAM i > ;Special ^ntDiagrarh::{Show^ NOTE:Show nearest f^fs..«b^^V|^|^^a^pr ro^if location doesn't hav^.pn address.."' ^oo ooo -~^-W- V.W ,'J J-I;....,!•'•'•' "'Uglon Building -'-•—*•• ••/•p.-u ^•.!>!i '»roMiiwair Nt {)'.)':u;O' i -G3HC21 lS*cutrJ czzza: 18. X THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 <£*?•/L.t&t&UT'%rJ/Zz7'/ASPri4—~declare that Iam an Officer/Director/Chairperson appointing the (Printfull name) applicant listed in Question 6,to apply on behalf ofthe foregoing organization fora Special Event Liquor License. &fet^&m-c&snrn t~r<&&&&>)2%7-&*&'? (Title/Position)(Date)j (Phone #) RYANG OLSON . Notary Public -Arizona ^tap MaricopaCounty My Comm.Expires Mar 30,2015 *#UP» nm w m m of .County The foregoing instrument w§s^cknowledged beforemethis j (Phone #) e me this My Commission expires on:3>*^p &"(<£> (Date)(Signatureof NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 (Print full name) listedin Question 6.I have read the application and the conter h**S *i^^^f^"«oiary Public -Arizona t Y&&&M Maricopa Countytx^0/My Comm.Expires Ma£30,2£15, (Date) :-M. declare that I am the APPLICANTfilingthis application as ts and all statements are true,correct and complete. of wl^ztzomStateof The foregoing instrument .County acknowledged before me this You must obtain local government approval.CitvorCounty MUST recommendeventandcompleteitem#20. Thelocalgoverningbodymayrequireadditionalapplicationstobe completed and submitted 60days in advance ofthe event Additional licensing feesmayalsobe required before approval maybe granted. LOCAL GOVERNING BODY APPROVAL SECTION herebyrecommendthisspecialevent application20. (Government Official)(Title) on behalf of (City,TownorCounty)(Signatureof OFFICIAL)(Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee)(Date) •APPROVED •DISAPPROVED BY: (Title)(Pate). TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable): 1)Streets Division 2)Fire Department 3)Building Division 4)Community Services 5)Development Services 6)Law Enforcement 7)Licensing DATE:October 1,2012 FROM:Jo Moorman,Accounting Clerk RE:Special Event Liquor License Application AttachedisaSpecialEventLiquorLicenseApplicationforreviewforRobertD.Schmitz, AmericanLegionPost58,locatedat 16837 E.Parkview,FountainHills,AZ85268.Thisisfora fundraiser to be held on November 9,10,and 11,2012. Pleasereviewtheapplication.Pleasesign,indicating staffs recommendation for approval (with orwithoutstipulations)ordenial,ontheformwhichwillbepassedoutduringastaffmeetingto be held on or after October 1,2012. If staff'srecommendationistodenyortherearestipulationsforapproval,pleaseattachamemo thatspecifiesthereasoningandthememowillbeforwardedontotheTownCouncilfortheir consideration of this application. Applicant:Robert D.Schmitz Date(s)of Event:November 9,10,and 11,2012 Date Application Received:Oct.1,2012 Town Council Agenda Date:Oct.18,2012 STAFF REVIEW AND RECOMMENDATION: *Attach report fordenialorany recommendation requiring stipulations. Name of stafjwho reviewed application 4^Ar^o^V^cyggyg-i ~~Jas^/<j.V)0-»^) <k.vV^' 7Utf fe>^<j~s {m-cSo Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing N/A Jo Moorman Does the business have a current business license?Fill In Business License #Effective period to Does the business name match database?Fill In Do ownersand/orofficerslistedontheapplicationmatchthedatabase?FillIn Does the mailing matchthe database?FillIn Does the business address match the database?Fill In .•:LiqUc V.."\H ifi ;:>.!\S|x\'i.i!I u'rti I TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration StaffContact Information:Julie Ghetti,Deputy Town Manager,480-816-5113,jghetti@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert Boe James representing the Veterans ofForeign Wars,Post #7507 for the purpose of a fund raiser.Event to be held at Saguaro Blvd and Avenue of the Fountains,scheduled to be held on Friday and Saturday,November 9 and 10,2012 from 9:00 AM to 10:00 PM,and Sunday,November 11,2012 from 10:00 AM to 10:00 PM. Applicant:RobertBoe James ApplicantContact Information:(480)399-9591 Property Location:Saguaro Blvd and Avenue of the Fountains 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 recommendation regarding the special event liquor license application submitted by Robert Boe James representing the Veterans of Foreign Wars Post #7507 for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;if No,attachBudgetAdjustment Form:NA Recommendation(s)by Board(s)orCommission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for Council use):Move to approve the consent agenda. Page 1of-2 Jo/Jwoorman,Financial Services Tech. Director's Approval: \o )15// 10/18/2012 l!_X£lJulieGhelti,DeputyTownManager/Finance Director 10/18/2012 Approved: Ken Buchanan/Town Manager 10/18/2012 Page 2 of2 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5thFloor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00perdayfor1-10day events only Aservicefeeof$25.00 will bechargedforalldishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. **Application must be approved by local government before submission to Department ofLiquor Licenses and Control.(Section #20) 1.Name of Organization:veterans of foreign wars,post #7507 2.Non-Profit/I.R.S.Tax Exempt Number:501(Q(19)/tax idno.74-2514547 DLLC USE ONLY LICENSE # 0L lb ,r 3.The organization isa:(check one boxonly) •Charitable [7]Fraternal (musthave regular membership and in existence for over5years) •Civic [~j Religious •Political Party,Ballot Measure,or Campaign Committee 4.What isthe purpose of this event?0 on-site consumption D off-site consumption (auction)•both FUNDRAISER 5.Location of the event:saguaro blvd.&avenue of the fountains fountain hills MARICOPA 85268 Address of physical location(NotP.O.Box)City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question #1.(Signature reguired in section #18) 6.Applicant:JAMES R0BERT B0E Last First 7.Applicant's Mailing Address:13310 North Sunridge Drive Street 8.Phone Numbers: Site Owner #Applicant's Business # 9.Date(s)&Hours Of Event:(see A.R.S.4-244(15)and (17)for legal hoursof service) 1 \ Day1 Day2 Day3 Day 4 Day5 Day6 Day7 Day8 Day9 Day10 September 2011 Date November 9,2012 Dayof Week Friday November 10,2012 Saturday November 11,2012 Sunday Middle Fountain Hills Citv AZ State Date of Birth 85268 Zip Applicant's Home # Hours from A.M./P.I 9:00a.m. 9:00 a.m. 10:00 a.m. ToA.M./P. 10:00 p.m. 10:00 p.m. 10:00 p.m. *Disabled individuals requiring special accommodations,pleasecall(602)542-9027 It 10.Has the applicant been convicted ofa felony in the past five years,or had a liquor license revoked? •YES [7]NO (attach explanation if yes) 11.This organization has been issued a special event license for 1 days this year,including this event (notto exceed 10 days peryear). 12.Is the organization using the services of a promoter or other person to manage the event?•YES [7]NO Ifyes,attachacopyofthe agreement. 13.List all people and organizations who will receive the proceeds.Account for 100%ofthe proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OFTHE GROSS REVENUES OFTHE SPECIAL EVENT LIQUOR SALES. Name veterans of foreign wars,post #7507 100% Percentage Address Name Percentage Address——. (Attachadditional sheet if necessary) 14.Knowledge of Arizona State Liquor Laws Title 4is important to prevent liquor law violations.If you have any questions regardingthelaworthisapplication,please contact theArizona State Departmentof Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.What security and control measures will you take to prevent violationsof state liquorlawsatthis event? (Listtype and number of security/police personnel and typeoffencingorcontrol barriers if applicable) .#Police [71 Fencing .#Security personnel Q Barriers 16.Is therean existing liquor license atthe location where the special eventis being held?Q YES [7)NO If yes,does the existing business agree to suspend theirliquor license during the time period,and in thearea in which the special event license will be in use?Q YES •NO (ATTACH COPY OF AGREEMENT) () Name of Business Phone Number 17.Your licensed premises is that area in which you are authorized tosell,dispense,or serve spirituous liquors under the provisions of your license.The following page isto 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 positions. SPECIAL EVENT LICENSED PRBfilSES OAORAM «_u~„™„„<d he competed with this application)(This diagram must be completed •„~«~o^h 'nbpJ twoe ofenclosure snc security pcsftcns) NOTE.Show nearest cross streets,highway,or ro&c F6titm?Ji HIOS BLVD «RK*UA*«ft*& / SHEA SIVO FOUNTAIN PARS 32925 N SAOMSC 8L\ ftOTAST SPUASH «C ^-S^HRS"1-* gajaw SAWS •-2 S3 Ttftf* -1 WUbOtf"-A Nt THISSECTIONTOBECOMPLETED ONLY BYANOFFICER,DIRECTOROR CHAIRPERSON OFTHE ORGANIZATION NAMED IN QUESTION #1 18.L ROBERT BOE JAMES declarethatIaman Officer/Director/Chairperson appointing the (Printfull name) applicant listed inQuestion6JO'applyonbehalfofthe foregoing organization foraSpecialEvent Liquor License. ..„,(SjgrattuBJkieNOTARYPUBLIC-ARIZONA Maricopa COUNTYStatd My Commission ExpiresAugust20,2016 Of COMMANDER (Title/Position) 10-2-2012 \ (Date)(Phone #) .County of V^Cs^td/* The foregoing instrument was acknowledged before me this My Commission expires on:%>"^-°~\L? (Date)ignature ofNOTARYPUBLIC) 19. THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 ,ROBERT BOE JAMES declare that Iam the APPLICANT filing this application as (Printfull name) listed in Question 6.I have read the application and the contents and all statements are true,correct and complete. vfaf ft /£-^r^ (Sfana&f NOTARY PUBLJ<5-ARIZONA MARICOPA COUNTY My Commission Expires My comn1^k#i23xffltfc on:. State of kv\l,o v~£z County of ^°-v»Cor^ Theforegoing instrument was acknowledged beforemethis "2,VO 2.01*. Month Year 2r -2^0 -;\o 2lc (Date)(Signature of NOTARY PUBLIC) 7 You must obtain local government approval.City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event.Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20.hereby recommend this special event application (Government Official)(Title) on behalf of (City,Town or County)(Signature ofOFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) G APPROVED [_]DISAPPROVED BY: (Title)(Date) TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable): 1)Streets Division 2)Fire Department 3)Building Division 4)Community Services 5)Development Services 6)Law Enforcement 7)Licensing DATE:October 3,2012 FROM:Jo Moorman,Accounting Clerk RE:Special Event Liquor License Application Attached isa Special Event Liquor License Application for review for Robert Boe James, Veterans of Foreign Wars,Post #7507,located at16847E.Parkview Ave.,Ste.204,Fountain Hills,AZ 85268.This isfora fundraiser tobe held on November 9,10,and 11,2012 at Saguaro Blvd and Avenue of the Fountains. Pleasereviewthe application.Pleasesign,indicating staff's recommendation forapproval(with orwithout stipulations)ordenial,ontheformwhichwillbepassedoutduringa staff meetingto be held on or after October 3,2012. If staff's recommendation istodenyorthereare stipulations for approval,pleaseattachamemo thatspecifiesthereasoningandthememowillbeforwardedontotheTownCouncilfortheir consideration of this application. Applicant:Robert Boe James Date(s)of Event:November 9,10,and 11,2012 Date Application Received:Oct.3,2012 Town Council Agenda Date:Oct.18,2012 STAFF REVIEW AND RECOMMENDATION: *Attach report for denial or any recommendation requiring stipulations. Name of staff who reviewed application .•GEfd-T jA&a^Vttruv^ £>.vVOlr^xJ gab ^4?^£> k j5u vM-C<,0 Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing N/A Jo Moorman Does the business have a current business license?Fill In Business License #Effective period to Does the business name match database?Fill In Doownersand/orofficerslistedontheapplicationmatchthedatabase?FillIn Doesthe mailing matchthe database?FillIn Does the business address match the database?Fill In •:wiiri kv;i:.;c Vi-'WUVpat'l tc<U 'i«VI W d TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM MeetingDate:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:JulieGhetti,DeputyTownManager,480-816-5113,jghetti@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TOCOUNCIL (Agenda Language):CONSIDERATION ofapprovinga SPECIAL EVENT LIQUOR LICENSEAPPLICATIONsubmittedbyMichaelA.FlemingrepresentingtheKiwanis Club of FountainHillsforthe purpose of afundraiser.Eventtobeheldin conjunction withthe9thAnnual Fountain MillsFineArt&WineAffaire,at Avenue of theFountains,scheduledtobeheldonFriday,SaturdayandSunday,March 15,16and 17,2013from10:00 AM to 5:00 PM. Applicant:Michael A.Fleming Applicant Contact Information:(480)220-8499 Property Location:Avenue of the Fountains Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,andR19-1-309 Staff Summary (background):The purpose of this item isto obtain Council's recommendation regarding the special event liquor license application submitted by Michael A.Fleming representing the Kiwanis Club of Fountain Hillsfor 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):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Fundsutilized,listhere:N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for council use):Move to approve the consent agenda. Page 1of2 Prepared by:- /JoVMoorman,Financial Services Tech.10/18/2012 Director's Approval: •Q XiAsjiXXk ; Julie Ghe^i,Deputy Jown Manager/Finance Director 10/18/2012 Apprgved: Ken Buchanan.Town Manager 10/18/2012 Page 2 of2 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 WWashington 5thFloor Phoenix,Arizona 85007-2934 (602)542-5141 -- APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per dayfor 1-10 day events only A service fee of $25.00 will be charged forall dishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. **Application must be approved bylocal government before submission to Department of Liquor Licenses and Control.(Section #20) 1.Name Of Organization:Kiwanis Club of Sunset Fountain Hills 2.Non-Profit/I.R.S.Tax Exempt Number:86-°944635 DLLC USE ONLY LICENSE # 3.Theorganizationisa:(check oneboxonly) •Charitable [7]Fraternal (must have regular membership and in existence for over 5 years) •Civic n Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose of this event?[7]on-site consumption •off-site consumption (auction)•both Fundraiser 5.Location Of the event:Avenue ofthe Fountains Fountain Hills Maricopa 85268 Addressof physical location (Not P.O.Box)City County Zip Applicant must bea member ofthequalifying organization and authorized bvanOfficer.Directoror Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:Flemin9 Michael Last First 7.Applicant's Mailing Address:15627 East Robin Drive Street ) A. Middle Fountain Hills City A2 Date of Birth 85268 8.Phone Numbers:(™)220-8499 Site Owner #Applicant's Business # 9.Date(s)&HoursofEvent:(see A.R.S.4-244(15)and (17)for legal hours ofservice) State Zip Applicant's Home # Day1 Day2 Day3 Day 4 Day5 Day6 Day7 Day8 Day9 Day10: September 2011 Date March 15,2013 March 16,2013 March 17,2013 Dayof Week Friday Saturday Sunday Hours from A.M./P.M. 10:00a.m. 10:00 a.m. 10:00 a.m. Disabled individuals requiring special accommodations,please call (602)542-9027 To A.M./P.M. 5:00 p.m. 5:00 p.m. 5:00 p.m. 10.Has the applicant been convicted ofa felony in thepast five years,or had a liquor license revoked? •YES [7]NO (attach explanation if ves) 11.This organization has been issued a special event license for i days this year,including this event (notto exceed 10 days peryear). 12.Is the organization using the services ofa promoter or other person to manage the event?0 YES Q NO If yes,attach acopyofthe agreement. 13.List all peopleand organizations who will receivetheproceeds.Account for 100%oftheproceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Kiwanis C|ub of Sunset Fountain Hills 25% Percentage AHHrocc PP.Box 17646,Fountain Hills,AZ85269 Name Tnunderbird Artists,Inc.75% Percentage Address 15648 North Ea9|es Nest Drive'FQ"nta'n H'"s,AZ 85268 {Attach additional sheet if necessary) 14.Knowledge of Arizona State Liquor Laws Title 4is important toprevent liquor law violations.Ifyouhave any questions regardingthelaworthisapplication,please contacttheArizona State Departmentof Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.Whatsecurityandcontrol measures will you take to prevent violationsof state liquorlawsatthis event? (Listtype and number of security/police personnel and typeoffencingorcontrol barriers if applicable) ——#Police [/]Fencing ——#Security personnel •Barriers MCSO Deputies/Posse and Pro-Em Security personnel. 16.Is therean existing liquor license atthe location wherethe special eventis being held?Q YES [7]NO If yes,does the existing business agree to suspend theirliquor license during the time period,and in thearea in which the special event license will be in use?Q YES Q NO (ATTACH COPY OF AGREEMENT) () Name of Business Phone Number 17.Your licensed premises is that area in which you are authorized tosell,dispense,or serve spirituous liquors under the provisions of your license.The following page isto 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 positions. SPECIALEVENTLICENSEDPREMISESDIAGRAM (Thisdiagrammustbecompletedwiththisapplication) SpecialEventDiagram:(Showdimensions,servingareas:andlabeltypeofenclosureandsecuritypositions) NOTE:Shownearestcrossstreets,highway,orroadiflocationdoesn'thaveanaddress. JLK DNTAN&Dfil iiII•',- ?ft?3J ^3Q,p [}•Xfi\ po- SPECIALEVENTLICENSEDPREMISESDIAGRAM (Thisdiagrammustbecompletedwiththisapplication) SpecialEventDiagram:(Showdimensions,servingareas,andlabeltypeofenclosureandsecuritypositions) NOTE:Shownearestcrossstreets,highway,orroadiflocationdoesn'thaveanaddress. JUL DNTAMAD* JI1L_JLJK—> Ht?£iP I1 53 j p. r'A 8i n I0 r 0-ft- J' b J ^£ oCfclBvs! i <^o*jiv|m/jl R,V\-, 0A"» 7*fe'flTS.1%DJ&^T-Jlj [8jj CP83f>«^^-yp VA"?B0 3COSV0 <^>^ ^!»Olfl VN3T18 ->W ?VV'V ^,W r r .»*"j3iwo<™ ^% tSgu &* L<i v ooow<g /^(^§ Oa ^ i&< 5? ^? 1? t^**^ *W ox „,IW3N I Annuo r ^b70 'V>X)«B e2/ I'' zt w 6< IV NxVIt* ^s> '35: -«?& /y^^n\ S11IH NIVINfLOi JO NAV01 ^sS^C VE-.A •'•lovjr ^5^ J h.v^?rt \Z il •Z2 -92 THIS SECTION TOBE COMPLETED ONLY BYAN OFFICER,DIRECTOR OR CHAIRPERSON OFTHE ORGANIZATION NAMED IN QUESTION #1 18|Michael A.^FIeming .declarethatIaman Officer/Director/Chairperson appointingthe PrintffQLname) d ingestion 6,to apply on behalf of the foregoing organization for a Special Event Liquor License. President 10-2-12 (4 \ <w?W%lkte NOTARY PUBLIC -ARIZONA MARICOPA COUNTY^3*6 My Commission Expires August 20,2016 My Commission expires on: )f S7-i-&—)U? (Date) (Title/Position) A ^.U^ (Date)(Phone //) .County of VW^Cu^ Theforegoinginstrument was acknowledged beforemethis Month Year ignature ofNOTARYPUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMEDIN QUESTION #6 .joI Michael A.Fleming Printfull n^rnpl declare thatIamtheAPPLICANT filing thisapplication as stion\6.I hfeteEeasI theapplicationandthecontentsand all statements aretrue,correctandcomplete. NOTARY PUBLIC-ARIZONA ; ARICOPACOUNTY ionExpires Auguat2Q,2016 State of Av;1_o .County of VAg^cu-( My commission expires on:. (Date) Theforegoinginstrumentwas acknowledged beforemethis Q--^2oiL Day Month ^ Year /^Signature of NOTARY PUBLIC)big You must obtain local government approval.Citv or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event.Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20.hereby recommend this special event application (Government Official)(Title) on behalf of (City,Townor County)(Signature of OFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) G APPROVED G DISAPPROVED BY: (Title)(Date) THUNDERBIRD ARTISTS ORGANIZATIONAL STATUS/PROCEEDS/REPORTING 79Artists (2012)Marketing fees @ $410 =$32,390 Admission =$3 FREEforFountainHillsResidents,VIPpatronsandMerchantpatrons(w/passes) Sponsorship =$0 Winetickets,glasses,admissionandprints=$12,976.80 GRAND TOTAL:$45,366.80 2012 EXPENSES TOTALED:$39,818.67 NET DOLLAR AMOUNT HOST ORGANIZATION RECEIVED:$5,548.13 Expenses include mailing,printing,graphic design,wine glasses,signage,website,media buys (various newspapers,magazines and television),police officers,town services, permits,equipmentrental,etc. SUNSETKIWANIS=25%of grosswineticket sales WINE VENDORS =40%of grosswineticketsales SUNSET KIWANIS =25%of grossadmissionrevenue Whatistheprojecteddistributionornetdollaramountthehostorganization will receive from this event? 2011 provedtobe better than2010;however,with die eventdatechangethisyear (2012) we lost approximately 25-30artists. Town of Fountain Hills Special Event Application Date of Application:April 23,2012 OVERVIEW ?*«**%#**&y Event Name: 9th Annual Fountain Hills Fine Art&Wine Affaire EventDatefs):March 15,16&17,2013 Description of Event-Fine arts-*'ne crafts>wine tasting and a few select food vendors.Produced by Thunderbird Artists throughanextensiveadvertisingcampaign. APPLICANT INFORMATION Name.Denise Dodson/Thunderbird Artists phone:~~~^~ Address:NEa9leNest Dr-Fntn Hills>AZ 85268 .denise@thunderbirdartists.comEmail: EVENT INFORMATION ..North side of Avenue of the Fountains (between Saguaro and LaMontana)Event Location: Events Day(s):Friday,Saturday and Sunday Event Time(s).10am-5pm Nature of Event (dance performance,concert,festival):Fine art festival Estimated Attendance:4to 5'0QQ What is this based on?2012 gate .none to dateSponsors: Details: •Tents or Canopies •Portable Restrooms •Alcohol •Food Vendors •Merchandise Vendors •Trash/Recycling •Electricity/Generators •Temporary Lighting •Inflatables •Signs/Banners •Parking at Event •Amplified Sound •Fireworks Yes|Z]NoD Yes 0 No D Yes0 NoD Yes|Z]NoD Yes 0 No D Yes 0 No n YesD No0 YesQ No0 Yes Q No 0 Yes0 NoD Vendor:ProEM vendor:"A"Company If yes,provide additional page with details,along with liquor application. Special Event (Series 15)•Wine Festival/Wine Fair (Series 16)• If yes,provide additional page with vendor name,contact name,phone,email, Fountain Hills Business License #,and Arizona Sales Tax/TPT #;vendors also must have proper permits from Maricopa County Environmental Health Ifyes,provide additional page with vendor name,contact name,phone,email, Fountain Hills Business License U,and Arizona Sales Tax/TPT# vendor:Waste Management ofArizona Vendor: Vendor: Vendor: Ifyes,provide additional pages with site map,town map,and legend showing sign location,size,and text YesD NoD Where: Yes0 NoD YesD No0 Public Parking Q Private Parking (attach permission from property owner)|I Vendor or Performer:Flat208 Vendor: STREETS/TRAFFIC Street Closures Yes 0 No Q If yes,have you included a barricading plan?Yes Q No 0 •streets:Nortn sicle °f AvenueoftheFountains-betweenSaguaroand LaMontana .Davs.Thursday p.m and Friday,Saturday,Sunday Times:4Pm Thursday through Sunday 8pm PUBLIC SAFETY Law Enforcement •Will security be required?Yes0NoQ If yes,has security been contracted/scheduled?YesQNo0 MCSO Deputies/Posse |H Private Security [§]Contact:Ga*en ReifSChneider Phone:602.758.2188 •Will officers be needed for traffic control?Yes Q No 0 If yes,provide additional pages with site map,town map showing location(s) Emergency Medical Services •Has the Fountain HillsFire Department been notified of the event? •Will FHFD be on-site?YesD No 0 YesD No0 CERTIFICATION I herebycertifythat(i)theinformationprovidedrelatingtothisapplicationistrue,correctandcompletetothebestofmyknowledgeand (ii)I amauthorizedto executethis application.Onbehalfofmyselfandanyonewhoisrelatedtoorassociatedwiththespecialevent(each,a "Responsible Party"),I herebyreleaseand hold harmless the Town of Fountain Hills for,fromandagainstanyandall claims arising outofthe Special Event.Tothe fullest extentpermittedby law,the Responsible Partiesshallindemnify,defend andholdharmlesstheTownandeachCouncilMember,officer,employeeoragentthereof(each, an "Indemnified Party"),for,fromandagainstanyandalllosses,claims,damages,liabilities,costsandexpenses (including,reasonableattorneys'fees,andcosts)to whichanysuch Indemnified Partymaybecomesubject,underanytheoryof liability whatsoever ("Claims"),insofarassuch Claims (oractionsinrespectthereof) relatetothespecialevent.I herebyacknowledgethatall transactions inthecourseofthespecial event are subject toanyapplicableTown,county and/or statesales <-taxand assurance that all event participants shallbe notified regarding sales tax regulations. Applicant Signature .„..-''' April 23rd,2012 Date DEPARTMENTAL REVIEW Approve Disapprove 1 Date |Name and title Signature/Initials Town Clerk •• Comments:_| |Community Services • —..,.,,__,,i Comments: Streets &Medians ••| Comments: Q |""Planning&Zoning •| Comments: Fire Marshal D • Comments: MCSO •• Comments: RECOMMENDED ACTION |Administrative Action Approved Denied Date J Name and title Signature/Initials 1EventStatus •• y Comments: 1 Town Council Action .['.:•"•'.;"Approved-';';:;_Denied::.Meeting Date.|Mayor Signature |Date 9 Event Status •D |Comments: TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable):DATE:October 3,2012 1)Streets Division 2)Fire Department 3)Building Division 4)Community Services 5)Development Services 6)Law Enforcement 7)Licensing FROM:Jo Moorman,Accounting Clerk RE:SpeciaI Event Liquor License Application Attached isa Special Event Liquor License Application for review for Michael A.Fleming, Kiwanis Club of Sunset Fountain Hills.This is for a fundraiser to be held on March 15,16,and 17,2013 at Avenue of the Fountains,in conjunction with the 9th Annual Fountain Hills Fine Art &Wine Affair. Pleasereviewthe application.Please sign,indicating staffs recommendation forapproval(with or without stipulations)or denial,ontheform which willbe passed out during a staff meeting to be held on or after October 3,2012. If staffs recommendation istodenyorthereare stipulations for approval,pleaseattachamemo that specifies the reasoning andthememowillbe forwarded ontotheTownCouncilfortheir consideration of this application. Applicant:Michael A.Fleming Date(s)of Event:March 15,16,and 17,2013 Date Application Received:Oct.3,2012 Town Council Agenda Date:Oct.18,2012 STAFF REVIEW AND RECOMMENDATION: *Attach report for denial or any recommendation requiring stipulations. Name of staffjvho reviewed application iz^A ime or stait y <7^g\>~r\s V^\Q %>.yVO^xV<5~S 7&k ^£Ls>yC5 r^.^»ci ,vo^ Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing N/A Jo Moorman Does the business have a current business license?Fill In Business License #Effective period to Does the business name match database?Fill In Do owners and/or officers listedonthe application matchthe database?FillIn Does the mailing match the database?FillIn Does the business address match the database?Fill In /':H\!ii;u;i F;u-kcis\2Oi2\Ri0-iH !!\Smvbi Lu'fti i utucr I kv»«v Kivv;i5ns\Pq>;vs'i vet ionsi S;v.-.i;ii l-vvcm i,kj Lie VLW.sJtK'.A TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Town Manager Ken Buchanan;kbuchanan@fh.az.gov;480-816-5130 Strategic Values:Economic Vitality Council Goal:EV1 Develop Economic Development Plan REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving an agreement for services from the Greater Phoenix Economic Council in the amount of $8,789 for FY12-13. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):The Greater Phoenix Economic Council provides a valuable slate of economic development services totheTownofFountain Hills ata reasonable cost.The services are enumerated inthe attached agreement. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;ifNo,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve. List Attachment(s):Agreement between The Greater PhoenixEconomicCouncilandtheTownofFountain Hills. SUGGESTED MOTION (for council use):MOVE to approve an agreement for services from the Greater Phoenix Economic Council in the amount of $8,789 for FY12-13. Approved: ier Date Page 1of1 1 AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE TOWN OF FOUNTAIN HILLS Town Contract No. ____________ The Town Council of the TOWN OF FOUNTAIN HILLS, a municipal corporation (the “Town”), has approved participation in and support of the regional economic development program of the GREATER PHOENIX ECONOMIC COUNCIL (“GPEC”), an Arizona non-profit corporation. The purpose of this agreement (“Agreement”) is to set forth the regional economic development program that GPEC agrees to undertake, the support that the Town agrees to provide, the respective roles of GPEC and the Town and the payments of the Town to GPEC for the fiscal year July 1, 2012 - June 30, 2013. NOW, THEREFORE, in consideration of the mutual promises contained herein, the TOWN and GPEC agree as follows: I. RESPONSIBILITIES OF GPEC A. MISSION: GPEC works to attract quality businesses to the Greater Phoenix Region from around the world, and advocate and champion foundational effects to improve the region's competitiveness. B. GOALS: GPEC is guided by and strategically focused on two specific long-range goals: 1. Marketing the region to generate qualified business/industry prospects in targeted economic clusters 2. Leveraging public and private allies and resources to locate qualified prospects, improve overall competitiveness, and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: 1. GPEC’s primary role is image building, marketing and new business attraction for the Greater Phoenix region. 2. Retention and expansion of existing businesses is primarily a local issue. 3. GPEC can add value to retention and expansion of existing businesses through regional support and research on key retention and expansion projects. 4. GPEC has a responsibility to advise the Town when an existing company contacts GPEC regarding a retention or expansion issue. D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and Expansion Policy set forth above and subject to the availability of adequate funding; GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of Directors, a copy of which has been delivered to the Town, receipt of which is hereby acknowledged. A summary of the Action Plan is attached hereto as Exhibit A (“GPEC Action Plan”). The Town shall be informed of any changes in the adopted GPEC Action Plan which will 2 materially affect or alter the priorities established therein. Such notification will be in writing and will be made prior to implementation of such changes. Notwithstanding the foregoing, the Town acknowledges and agrees that GPEC may, in its reasonable judgment in accordance with its own practices and procedures, substitute, change, reschedule, cancel or defer certain events or activities described in the GPEC Action Plan as required by a result of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC shall solicit the input of the Town on the formulation of future marketing strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed upon changes to the GPEC Action Plan. E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC’s Executive Committee and Board of Directors, are attached hereto as Exhibit B (“GPEC Performance Measures”) and shall be used to evaluate and report progress on GPEC’s implementation of the GPEC Action Plan. In the event of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control, these performance targets may be revised with the Town’s prior written approval, or with the prior written approval of a majority of the designated members of GPEC’s Economic Development Directors Team (“EDDT”). GPEC will provide monthly reports to the Town discussing in detail its progress in implementing the GPEC Action Plan as well as reporting the numerical results for each performance measurement set forth in Exhibit B. GPEC shall provide a copy of its annual external audit for the preceding fiscal year to the Town no later than December 31, 2012. In the case of any benchmark which is not met, GPEC will meet with the EDDT to provide an explanation of the relevant factors and circumstances and discuss the approach to be taken in order to achieve the target(s). Failure to meet a performance target will not, by itself, constitute an event of default hereunder unless GPEC (i) fails to inform the Town of such event and (ii) fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement, which, if GPEC fails to comply with either step, will constitute an event of default for which the Town may terminate this Agreement pursuant to paragraph IV.J. below. II. RESPONSIBILITIES OF THE TOWN A. STAFF SUPPORT OF GPEC EFFORTS: The Town shall provide staff support to GPEC's economic development efforts as follows: 1. The Town shall respond to leads or prospects referred by GPEC in a professional manner within the time frame specified by the lead or prospect if the Town desires to compete and if the lead is appropriate for the Town. When available, the Town agrees to provide its response in the format developed jointly by EDDT and GPEC; 2. The Town shall provide appropriate local hospitality, tours and briefings for prospects visiting sites in the Town; 3 3. The Town shall provide an official economic development representative to represent the Town on the EDDT, which advises GPEC’s President and CEO; 4. The Town shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with GPEC's staff, the use of shared data systems, land and building data bases and private sector real estate industry interfaces; 5. The Town shall use its best efforts to respond to special requests by GPEC for particularized information about the Town within three business days after the receipt of such request; 6. In order to enable GPEC to be more sensitive to the Town's requirements, the Town may, at its sole option, deliver to GPEC copies of any Town approved economic development strategies, work plan, programs and evaluation criteria. GPEC shall not disclose the same to the other participants in GPEC or their representatives; 7. The Town shall utilize its best good faith efforts to cause an economic development professional representing the Town to attend all marketing events and other functions to which the Town has committed itself; and 8. The Town agrees to work with GPEC to improve the Town’s Competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the Town in Exhibit C (“Targeted Industries). B. RECOGNITION OF GPEC: The Town agrees to recognize GPEC as the Town's officially designated regional economic development organization for marketing the Greater Phoenix region. III. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s) of the Town shall be entitled to participate in GPEC's marketing events provided that such participation shall not be at GPEC's expense. When requested and appropriate, GPEC will use its best efforts to provide technical assistance and support to Town economic development staff for business location prospects identified and qualified by the Town and assist the Town with presentations to the prospect in the Town or the prospect’s corporate location. B. COMPENSATION: 1. The Town agrees to pay $8,789.00 for services to be provided by GPEC pursuant to the Agreement during the fiscal year ending on June 30, 2013, as set forth in this Agreement. This amount is based on approximately $.39 per capita, based upon the 2011 Office of Employment and Population Statistics, Arizona Department of Administration population estimate, which listed the Town as having a population of 22,554. The payment by the Town may, upon the mutual and discretionary approval of the board of directors of GPEC and the Town Council, be increased or decreased from time to time during the term hereof in accordance with the 4 increases or decreases of general application in the per capita payments to GPEC by other municipalities which support GPEC. 2. Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the Town Council pursuant to the required budget process of the Town; 3. Nothing herein shall preclude the Town from contracting separately with GPEC for services to be provided in addition to those to be provided hereunder, upon terms and conditions to be negotiated by the Town and GPEC; and 4. GPEC shall submit invoices for payment on a quarterly basis. The foregoing notwithstanding, if GPEC has not provided the Town with the audit required pursuant to paragraph I.E. above no later than December 31, 2012, no payments shall be made hereunder until the Town receives the audit report. Invoices and monthly activity reports, substantially in the form of Exhibit D (“Reporting Mechanism for Contract Fulfillment”) attached hereto, are to be submitted to the address listed under paragraph IV.P. C. COOPERATION: 1. The parties acknowledge that GPEC is a cooperative organization effort between GPEC and the Town. Accordingly, the Town and GPEC covenant and agree to work together in a productive and harmonious working relationship, to cooperate in furthering GPEC's goals for the 2012-2013 fiscal year. 2. The Town agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY 2013-2014 contract. 3. The Town agrees to work with GPEC during the FY2012-2013 program year to develop a revised public sector funding plan, including a regional allocation formula for FY2013-2014, if determined to be necessary or appropriate. IV. GENERAL PROVISIONS: A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For a breach or violation of this warranty, the Town shall have the right to terminate this Agreement without liability or, in its discretion, to deduct the commission, brokerage or contingent fee from its payment to GPEC. B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC recognizes the provisions of the Town Code of the Town of Fountain Hills which require and demand that no payment be made to any contractor as long as there is any outstanding obligation due to the Town, and directs that any such obligation be offset against payment due to GPEC. 5 C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and no effect. D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this Agreement creates any partnership, joint venture or agency relationship between the Town and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control GPEC only insofar as to the results of GPEC's services rendered pursuant to this Agreement. GPEC shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, and to the fullest extent permitted by law, GPEC shall indemnify, defend, hold, protect and save harmless the Town and any and all of its Councilmembers, officers and employees for, from and against any and all actions, suits, proceedings, claims and demands, loss, liens, costs, expense and liability of any kind and nature whatsoever, for injury to or death of persons, or damage to property, including property owned by Town, brought, made, filed against, imposed upon or sustained by the Town, its officers, or employees in and arising from or attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions or from operations conducted by GPEC, its directors, officers, agents or employees acting on behalf of GPEC and with GPEC’s knowledge and consent. Any party entitled to indemnity shall notify GPEC in writing of the existence of any claim, demand or other matter to which GPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party. F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by GPEC, its agents, representatives, employees or contractors, in accordance with the Insurance Requirements set forth in Exhibit E (“Insurance Requirerments”), attached hereto. The Town acknowledges that it has received and reviewed evidence of GPEC’s insurance coverage in effect as of the execution of this Agreement. G. GRATUITIES. The Town may, by written notice to GPEC, terminate the right of GPEC to proceed under this Agreement upon one (1) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by GPEC, or any agent or representative of GPEC, to any officer or employee of the Town with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; provided that the existence of the facts upon which the Town makes such findings shall be an issue and may be reviewed in any competent court. 6 In the event of such termination, the Town shall be entitled to pursue all legal and equitable remedies against GPEC available to the Town. H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows: 1. GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age or disability. GPEC shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, national origin, age or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. GPEC agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. GPEC will, in all solicitations or advertisements for employees place by or on behalf of GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, sexual orientation, national origin, age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to Agreements or subcontracts for standard commercial supplies or new materials. 4. Upon request by the Town, GPEC shall provide Town with information and data concerning action taken and results obtained in regard to GPEC's Equal Employment Opportunity efforts performed during the term of this Agreement. Such reports shall be accomplished upon forms furnished by the Town or in such other format as the Town shall prescribe. I. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989 and the Americans with Disabilities Act, and agrees to comply therewith in performing under any resultant agreement and to permit Town inspection of its records to verify such compliance. 1. GPEC warrants to the Town that, to the extent applicable under A.R.S. § 41-4401, GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A.R.S. § 23-214(A). GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The Town retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty. 7 2. The Town may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty. 3. The Town will not consider GPEC or any of its subconsultants who work on this Agreement in material breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA § 1324(a) and (b) of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by A.R.S. § 23-214(A). 4. The provisions of this Section I must be included in any contract GPEC enters into with any and all of its subconsultants who provide services under this Agreement or any subcontract to provide services under this Agreement. As used in this Section I “services” are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 5. Pursuant to A.R.S. §§ 35-391.06 and 35-393-06, GPEC hereby certifies to the Town that GPEC does not have “scrutinized” business operations, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran. J. TERMINATION. Town shall have the right to terminate this Agreement if GPEC shall fail to duly perform, observe or comply with any covenant, condition or agreement on its part under this Agreement and such failure continues for a period of 30 days (or such shorter period as may be expressly provided herein) after the date on which written notice requiring the failure to be remedied shall have been given to GPEC by the Town; provided, however, that if such performance, observation or compliance requires work to be done, action to be taken or conditions to be remedied which, by their nature, cannot reasonably be accomplished within 30 days, no event of default shall be deemed to have occurred or to exist if, and so long as, GPEC shall commence such action within that period and diligently and continuously prosecute the same to completion within 90 days or such longer period as the Town may approve in writing. The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed hereunder, including, but not limited to, insolvency or an award of monetary damages against GPEC in excess of its available insurance coverage and assets, the Town may immediately and without further notice terminate this Agreement. K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's performance hereunder shall be in material compliance with all applicable federal, state and local health, environmental, and safety laws, regulations, standards, and ordinances in effect during the performance of this Agreement. L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this Agreement must be filed in the county of Maricopa, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded hereunder or out of the proposals herein called for, which cannot be administratively 8 resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree that the venue for any such action shall be in the State of Arizona. N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by an Arizona court of competent jurisdiction. O. TOWN REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate and make them available for audit by Town personnel upon request. P. NOTICES. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed, three (3) days after the notice is deposited in the United States mail addressed as follows: If to Town: Mr. Kenneth W. Buchanan Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Phone: (480) 816-5107 Fax: (480) 837-3145 If to GPEC: Barry Broome President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix, Arizona 85004-4469 Phone: (602) 256-7700 Fax: (602) 256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. Q. TRANSACTIONAL CONFLICT OF INTEREST. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or employee of the Town will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to GPEC or successor, or on any obligation under the terms of this Agreement. No member, official or employee of GPEC will be personally liable to the Town, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the Town or successor, or on any obligation under the terms of this Agreement. 9 S. NO WAIVER. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. T. SEVERABILITY. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, provided that the fundamental purposes of this Agreement are not defeated by such severability. U. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. V. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason of any provision of this Agreement. W. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original. This Agreement, including ten (10) pages of text and the below-listed exhibits which are incorporated herein by this reference, constitutes the entire understanding and agreement of the parties. Exhibit A – GPEC Action Plan Exhibit B - GPEC Performance Measures Exhibit C - Targeted Industries Exhibit D - Reporting Mechanism for Contract Fulfillment Exhibit E - Insurance Requirements This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Town or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed the Agreement this day of ,2012. ATTEST: By: Bevelyn J.Bender Its:Town Clerk APPROVED AS TO FORM: By: Andrew J.McGuire Its:Town Attorney TOWNOFFountainHills,amunicipal coiporation Mr.Kenneth W.Buchanan By: Its:Town Manager PHOENIX ECONOMIC COUNCIL,an Arizona corporatio Barry Broome \i President &ChierJExecutive Officer 10 U^ Meeting Date:10/18/2012 Agenda Type:Regular Staff Contact Information: Strategic Values:NotApplicable (NA) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Development Services Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of authorizing the transfer of appropriation from the contingency expenditure line item within the Town Manager Division,Administration Department ofthe General Fund budget tothe Development Services Department/Facility Division maintenance line items inthe amount of $10,000 for thededicationandnamingcelebrationoftheTown of FountainHillsCivicCentertoCutilloPlaza. Applicant:N/A Applicant Contact Information:N/A Property Location:Fountain Hills Civic Center (Community Center/Town Hall complex) Related Ordinance,Policy or Guiding Principle:Resolution 2011-12 Staff Summary (background): OnAugust 18,2011 theTownCouncilapprovedResolution 2011-12 authorizingthedesignationofthe 13-acre footprintfortheCivicCenterComplexas"CutilloPlaza"withappropriateidentificationandactiontobe implemented bya future council.A committee including Councilmember Hansen worked with Development Services Director Paul Moodand Community Services Director MarkMayeronaplanto formally adoptthe complexasCutilloPlazaandhaveestimatedthecostsfortherenamingtobeasfollows: Cutillo Plazawallsigns(2 locations)$3,000 Monument Structure $2,500 Bronze Plaque $1,000 AerialPhoto ("You arehere")$1,000 Reception/Celebration $2,500 These costs were anticipated for the current year budget but not specifically appropriated;a budget transfer from the Contingency lineitemto the Facilities Divisionis required to properly record the expenditures. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$10,000 Budget Reference (page number):137 Funding Source:NA Page 1of2 IfMultiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve a budget transfer from the contingency expenditure line item to the Facility Division maintenance line items in an amount not to exceed of $10,000 ListAttachment(s):Resolution 2011-12,Map SUGGESTED MOTION (for Council use):Move to approve authorizing the transfer of appropriation from the contingency expenditure line item within the Town Manager Division,Administration Department of the General Fund budget to the Development Services Department/Facility Division maintenance line items in the amount of $10,000 for the dedication and naming celebration oftheTownof Fountain Hills CivicCentertoCutillo Plaza. Prepared by: NA 10/11/2012 Director's Approval: :i •v ^ctX\ Julie Ghetti,DeputyTown Manager/Finance Director 10/11/2012 I I V Approved:pprovea: Ken Buchanan/Town Manager !—10/11/2012 Page2 of2 RESOLUTION NO.2011-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,RATIFYING AND CLARIFYING THE PRIOR RECOMMENDATION OF THE TOWN COUNCIL RELATED TO "CUTILLO PLAZA." WHEREAS,on June 6,1996 theMayorandCounciloftheTown of Fountain Hills(the "Town Council")approved themotionto"acceptthecommittee recommendation that the 13- acrc footprint for the Civic Center Complex be designated as 'Cutillo Plaza'along with the appropriate identification andto recommend this action be implemented bya future council whenthepropertywasownedbytheTown"(the "Recommendation");and WHEREAS,theTown Council has determined thatitis appropriate to implement the Recommendation bydesignatinganareaoftheTown'sCivicCenterComplexas"Cutillo Plaza." NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: SECTION 1.The recitals above arc hereby incorporated as if fullysetforthherein. SECTION2.TheTownCouncil Recommendation relatedto "Cutillo Plaza"ishereby approved andratified. SECTION 3.From and after the date of this Resolution the area of the Town's Civic CenterComplexshownonExhibitA,attachedheretoandincorporatedhereinbyreference,shall be referred to as "Cutillo Plaza." SECTION 4.The Interim Town Manager is hereby directed to propose for Town Council consideration options for appropriate identification acknowledging the designation. SECTION 5.If any section,subsection,sentence,clause,phrase or portion of this Resolutionisforanyreasontobeheldinvalidor unconstitutional bythedecision of anycourt of competentjurisdiction,suchdecisionshallnotaffectthevalidity of the remainingportions thereof. SECTION6.TheMayor,theInterimTownManager,theTownClerkandtheTown Attorneyarchereby authorized anddirectedtotakeallstepsandtoexecutealldocuments necessarytocarryoutthepurposeandintent of thisResolution. [SIGNATURES ON FOLLOWING PAGE] 1555853.1 PASSED AND ADOPTED BYthe Mayor and Council of the Town of Fountain Hills. Arizona,August 18,2011. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Bcvclvn J.Bender,Toprn Clerk REVIEWED BY:IDAS TO FORM: Julie flfhctti, ^k^kt^ nterim Town Manager Andrew J.mcGuire,Town Attorney I555S5.V1 10/10/2012 14:45 |TOWN OF FOUNTAIN HILLS |PG 1 JGhetti |BUDGET TRANSFERS AND AMENDMENTS |bgamdent Line Org Object Project Increase Amount Decrease Amount_____ __________ ________ ________ ________________ ________________ 1 TMAD 7010 10,000.00 2 FACTH 6260 10,000.00 Increase Amount [Total: 10,000.00 ] Decrease Amount [Total: 10,000.00 ] XffiTN TOWN OF FOUNTAIN HILLS TOWN COUNCIL KJT^r/J AGENDA ACTION FORM /Am is A*** MeetingDate:10/18/2012 MeetingType:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:PaulMood,Development Services Director,PMood@fh.az.gov,480-816-5129 Strategic Values:Council Goal: Maintain/ImproveCommunity Infrastructure NotApplicable (NA) REQUESTTOCOUNCIL (Agenda Language):DISCUSSION ofconceptualplansfortheAvenueofthe Fountains Median Improvement project. Applicant:NA Applicant Contact Information:NA Property Location:Avenue of the Fountains from Saguaro Blvd.toLa Montana Drive Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):OnMarch15,2012TownCouncil approved a professional services agreement withJ2Designinthe amount of $19,727.06 forasiteinventory and analysis as well as conceptual planningfor theAvenueofthe Fountains Median Improvement projecttobe brought back forfuture discussions. J2Design completed theSiteInventory&Analysisreportin June of2012.Thisreportlookedattheexisting conditions of the median hardscape,trees &plants,irrigation system,electrical system and fountains.The report also included the results and comments from 367 residents as part ofapublic questionnaire that was made available through avarietyof media sources.J2Designput together an initial concept to remediate the median inits current configuration as well as arevitalization concept.J2Design and staff then metwith business owners along the Avenue of the Fountains and representatives from the Chamber of Commerce, Farmers Market,PublicArt Committee,Downtown Greening Committee and the Theater project to get their input.From this input J2 Design finalized the remediation concept and developed two revitalization concepts that were presented at a public open house on September 5th 2012.These concepts were then presented to Councilat the September 11,2012 work study. From input received by Council at the September 11,2012 work study,the remediation concept plan includes new electrical and irrigation systems,mechanical enclosures,new water features,entry features,10'wide pedestrian pathway,locations forpublicart,shade structures at two plazas and electrical conduits for future pedestrian and accent lighting.Existing trees will be removed as recommended bya certified arborist as well as trees in direct conflict with major features of the project. The conceptual cost estimate for construction is approximately $1,800,000 withan additional $200,000 for design related services.The estimate which includes shade structures exceeds the current budget of $1,800,000.If Council desires shade structures to be included in the project then a budget adjustment will be Page 1of2 required.Thecurrentfund balance ofthe Downtown ExciseTaxis $2,075,000 andmaybe allocated forthis project at the Council's discretion. Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number): Funding Source:Multiple Funds If Multiple Funds utilized,list here: Budgeted;ifNo,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):NA List Attachment(s):Remediation Concept Plan,Revitalization Concept Plan,Revitalization Concept Plan Construction Cost Estimate,Site Inventory and Analysis Report SUGGESTED MOTION (for t own-!u,,e):No motion is required. Prepared by: Approved: Kenneth Buchanan,Town Manager 10/9/2012 aproved:^_^ jnnerh Buchanan,Town Manaqer 10/9/2012 10/9/2012 Pauc 2 of 2 Av e n u e o f t h e F o u n t a i n s To w n o f F o u n t a i n H i l l s September 5, 2012 Ma k e a l l R a m p s A D A A c c e p t a b l e LA MONTANA DRIVE VERDE RIVER DRIVE Ma k e a l l R a m p s AD A C o m p l i a n t AV E N U E O F T H E F O U N T A I N S Pr o p o s e d M o v i e T h e a t r e D e v e l o p m e n t • R e p l a c e a l l I r r i g a t i o n C o m p o n e n t s f r o m W a t e r M e t e r O u t . • C o r r e c t a l l E l e c t r i c a l D e f i c i e n c i e s t o I n c l u d e U p g r a d i n g S e r v i c e En t r a n c e S e c t i o n , R e p l a c i n g E v e n t R e c e p t a c l e s , a n d R e p l a c e m e n t of E l e c t r i c a l t o W a t e r F e a t u r e P u m p s a n d P a n e l s . • Replace all Irrigation Components from Water Meter Out.• Correct all Electrical Defi ciencies to Include Upgrading Service Entrance Section, Replacing Event Receptacles, and Replacement of Electrical to Water Feature Pumps and Panels. Ma k e a l l R a m p s A D A C o m p l i a n t Ma k e a l l R a m p s AD A C o m p l i a n t Re c o n s t r u c t F o u n t a i n ‘ A ’ Ad d N e w C r o s s w a l k s Re c o n s t r u c t P l a z a to b e A D A C o m p l i a n t Re c o n s t r u c t F o u n t a i n ‘ B ’ Re c o n s t r u c t P l a z a to b e A D A C o m p l i a n t Ne w C o n c r e t e Pa t h w a y New Concrete PathwayMake all Ramps ADA Compliant Project Limits Work Beyond this Point to be Completed with Saguaro Boulevard Improvements Remove Existing Plaza and Expand to the WestBenchDrinking Fountain Re c o n s t r u c t Fo u n t a i n ‘ C ’ Mutt MittReconstruct Fountain Nozzles ‘D’Reconstruct Fountain ‘E’-Existing Tree Protect In Place -Tree to be Removed -New Tree to Replace Removed Tree -Proposed Ramps -Proposed Crosswalks -Proposed Plaza Improvements -Proposed Water Feature Improvements -Proposed Concrete Pathway -Proposed Concrete Header -Bench -Trash Receptacle -Mutt MittLegend SAGUARO BOULEVARD NorthScale: 1”=30’-0”0’30’60’ Re m e d i a t i o n | Co n c e p t “ A ” Bi r d ’ s E y e P e r s p e c t i v e o f E x i s t i n g W e s t e r n M e d i a n B e t w e e n L a M o n t a n a Dr i v e a n d V e r d e R i v e r D r i v e Bi r d ’ s E y e P e r s p e c t i v e o f E x i s t i n g E a s t e r n M e d i a n B e t w e e n V e r d e R i v e r D r i v e an d S a g u a r o B o u l e v a r d Re m e d i a t i o n P r o p o s e d P l a n t P a l e t t e Remediation Proposed Materials Palette Ol e a e u r o p a ‘ S w a n H i l l ’ Ol i v e ‘ S w a n H i l l ’ Pi n u s h a l e p e n s i s Al e p p o P i n e La n t a n a s p e c i e s ‘ N e w G o l d ’ La n t a n a N e w G o l d Leucophyllum langmaniae ‘Lynn’s Legacy’Texas Sage ‘Lynn’s Legacy’ Pu n i c a g r a n a t u m Dw a r f P o m e g r a n a t e Te c o m a s t a n s ‘ O r a n g e J u b i l e e ’ Or a n g e J u b i l e e Ro s e m a r i n u s o f f i c i n a l i s ‘ P r o s t r a t u s ’ Cr e e p i n g R o s e m a r y Er e m o p h i l a m a c u l a t a Va l e n t i n e B u s h Co n v o l v u l u s c n e o r u m Bu s h M o r n i n g G l o r y SH R U B S AC C E N T S Fr a x i n u s v e l u t i n a Ar i z o n a A s h Da l b e r g i a s i s s o o Si s s o o T r e e TR E E S Mu h l e n b e r g i a r i g i d a ‘ N a s h v i l l e ’ Pu r p l e M u h l y Hesperaloe parvifl ora ‘Brakelights’Brakelights Red YuccaPistacia chinensis Chinese Pistache Ul m u s p a r v i f o l i a Ev e r g r e e n E l m SITE AMENITIESConcrete Pathway Plexus Bench (Matches Existing Street Furnishings)Landscape FormsStamped Asphalt Crosswalk Mutt Mitt Dog Waste Station Mutt Mitt New Plaza Areas Integral Colored Concrete Ribbed Trash Receptacle (Matches Existing Street Furnishings)KornegaySURFACE MATERIALS Decomposed Granite ‘ Express Brown ‘ - Remediation upgrades include; - New Irrigation System - New Electrical System - Reconstruction of Existing Water Features which includes New Mechanical and Piping. - Bring all Plaza and Ramps within ADA Compliance - Replace Existing Decomposed Granite Pathway with Concrete Sidewalk - Remove Trees per Arborist Recommendations - Replace Removed Trees (One for One) - New Shrub Plantings in Remediation Areas - New Site Furnishings (Benches, Trash Receptacles, Mutt Mitts) - Design and construction is estimated to be $1.2 million No r t h No r t h Av e n u e o f t h e F o u n t a i n s To w n o f F o u n t a i n H i l l s September 5, 2012 Re v i t a l i z a t i o n | Co n c e p t “ B ” NorthScale: 1”=30’-0”0’30’60’ Gr e e n S c r e e n E n t r y a t L a M o n t a n a 1 Ar t N o d e S e a t i n g A r e a ( A b i l i t y t o A d d F e s t i v a l B o o t h s ) 2 Pl a z a s p a c e w i t h C a f e T a b l e s a n d U m b r e l l a s 3 Ne w W a t e r F e a t u r e a n d P l a z a s p a c e w i t h C a f e T a b l e s an d U m b r e l l a s 4 Gr e e n S c r e e n E n t r y a t V e r d e R i v e r 5 Event Space Along 10’ Concrete Walkway (Ability to Add Festival Booths)6New Water Feature and Plaza space with Cafe Tables and Umbrellas 7 Bi r d ’ s E y e P e r s p e c t i v e W e s t e r n M e d i a n 8 Bi r d ’ s E y e P e r s p e c t i v e E a s t e r n M e d i a n 9 Bi r d ’ s E y e P e r s p e c t i v e I n t e r s e c t i o n o f V e r d e R i v e r D r i v e a n d A v e n u e o f t h e F o u n t a i n s 10 - Revitalization Concept ‘B’ upgrades include; - New Irrigation & New Electrical System - 4 New Interactive Water Features 1 @ Center of Each Median 1 @ Either Side of Verde River Drive - 10’ Wide Concrete Pathway - New ADA compliant Crosswalk with Graphics - Vine Screen Entry Features - Art Viewing Seating Nodes - New Site Furnishings (Cafe Tables, Trash Receptacles, Mutt Mitts, Drinking Fountains.) - Conduit for Future Lighting. - Centralized Mechanical Enclosure for Water Features - New Plaza Spaces - Design and construction is estimated to be $1.95 million LA MONTANA DRIVE VERDE RIVER DR. SAGUARO BOULEVARD Ar t / S e a t i n g P l a z a Vi n e S c r e e n E n t r y Se a t i n g P l a z a Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Sp e e d Ta b l e C r o s s i n g Speed Table Crossing Ar t N o d e Se a t i n g P l a z a Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Ne w W a t e r F e a t u r e An d P l a z a S p a c e 10 ’ W i d e C o n c r e t e Pa t h , T y p . 10’ Wide Concrete Path, Typ. New Water Feature and Plaza Space Water Feature Mechanical Enclosure Vine Screen Entry Festival Booth Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Vi n e S c r e e n En t r y Vi n e S c r e e n En t r y Ar t V i e w i n g & Se a t i n g P l a z a Ar t V i e w i n g & Se a t i n g P l a z a Fe s t i v a l Bo o t h Fe s t i v a l Bo o t h Re v i t a l i z e d Wa t e r F e a t u r e & Pl a z a S p a c e Vi n e S c r e e n En t r y Pl a z a S p a c e Wi t h C a f e T a b l e s & S h a d e U m b r e l l a s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e U m b r e l l a s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e U m b r e l l a s Revitalized Water Feature and Plaza Space Re v i t a l i z e d W a t e r F e a t u r e an d P l a z a S p a c e 10’ Wide Concrete Pathway, Typ.Art Node Se a t i n g P l a z a Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Re v i t a l i z e d W a t e r Fe a t u r e a n d P l a z a S p a c e Vi n e S c r e e n E n t r y Cr o s s w a l k G r a p h i c s Vi n e S c r e e n E n t r y Re v i t a l i z e d W a t e r Fe a t u r e & P l a z a S p a c e New Plaza/Seating NodeArt Node Seating PlazaVine Screen Entry AV E N U E O F T H E F O U N T A I N S Pr o p o s e d M o v i e T h e a t r e D e v e l o p m e n t 1 8 9 10 4 5 2 3 6 7 Se a t i n g P l a z a Project Limits Work Beyond this Point to be Completed with Saguaro Boulevard Improvements A v e n u e o f t h e F o u n t a i n s A v e n u e o f t h e F o u n t a i n s A v e n u e o f t h e F o u n t a i n s Ve r d e R i v e r D r i v e Sa g u a r o B o u l e v a r d Verde Rive Drive No r t h No r t h North Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills.AZ 10/9/2012 Avenue of the Fountains -Revitalization Concept D Opinion of Probable Cost Item Description Unit Quantity Unit Price Total Hardscape Elements 1 Concrete Pathway (Gray,Medium Broom)SF 8,651 $5.50 S47,580.50 2 Concrete Header between Turf and DG(Grey,Medium Broom)LF 944 S7.00 S6.608.00 3 Remove and Replace ADA Ramps EA 31 S900.00 $27,900.00 4 Seatwalls and Art Pads EA 4 S6.607.00 $26,428.00 Vine Screens LF 22 S125.0C S2.750.00 Concrete(IntegralColor.DecorativeFinish)SF "53 S9.0C 51 377.C Geometric Boulders EA 1 S40C OC S40C OC Walls LF 26 S80.00 i2.c?":: 5 Plaza Paving (Integral Colored Pavers)SF 19,331 S9.00 $173,979.00 6 Concrete Vehicular Curbing LF 424 S8.00 S3.392.00 7 Crosswalk (Signing,Striping,Stamping)SF 6,553 S6.50 S42.594.50 8 Concrete Planter Walls EA 8 S5,200.00 $41.600.00 9 Vine Screens LF 203 S125.00 $25,375.00 10 Shade Canopy Infrastructure SF 6,150 $15.00 S92.250.00 11 Shade Canopy SF 6,150 S10.00 S61,500.00 12 Mechanical Enclosure Wall and Gates EA 2 $30,000.00 S60.000.00 Water Feature A (Center of West Median) 13 Water Feature Hardscape,Plumbing EA 1 S66.436.00 S66.436.00 Pump System (filtration,pumps,water treatment,piping)LS •S25.000.00 S25.000.00 iConcrete (IntegralColor.DecorativeFinish)SF 1.021 S9.0C Water Proofing SF •321 S7.0C S7.147.00 Walls LF 145 580.0C S11.600.00 S13.500.00GeometricBoulders135S100.00 Water Feature B (West Median &Verde River Dr.) 14 Water Feature Hardscape,Plumbing EA1 $45,320.00 $45,320.00 Pump System (filtration,pumps,water treatment,piping)LS 1 S25.000.00 S25.000.00 Concrete (Inteqral Color.Decorative Finish)SF •••70 S9.00 S4.230.00 Geometric Boulders EA 7 S400.00 S2.800.00 WaterProofing SF 470 S7 00 53,290.00 $10,000.00WallsLF125S80.00 Water Feature C(East Median &Verde River Dr.) 15 Water Feature Hardscape,Plumbing EA 1 $38,020.00 S38.020.00 Pump System (filtration,pumps,water treatment,piping)LS -:»:5 COO 00 S25.000.00 Concrete (IntegralColor.DecorativeFinish)SF 470 S9OC S4.230.00 WaterProofmg SF470 S7 (X S3.290.00 S 1.800.00 S900.00 ReinstallSculpture LS 1 S 1.800.00 Reinstall Plaques EA 6 S 150.00 Water Feature D (Center of East Median) 16 Water Feature Hardscape,Plumbing EA 1 S84.360.00 S84.360.00 Pump System (filtration,pumps,water treatment,piping)LS S25.000.00 525.000 00 S4.365.00 53.39=0C Concrete (IntegralColor,Decorative Finish)SF 485 S9.00 Water Proofing SF 485 S7.00 Seat walls LF 60 S60.00 S3.600.00 10/9/2012 1 of 3 Revitalization Concept B Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills,AZ 10/9/2012 Item No. Item Description Unit Quantity Unit Price Total Concrete Water Columns •:A s S6.000.0C :•'•": Landscape Elements 17 Prune and Fertilize Existing Trees EA 29 S 1.500.00 S43.500.00 18 Replacement Trees (24 Inch Box)EA 107 S250.00 $26,750.00 19 Shrubs (1 Gallon)EA 680 S20.00 $13,600.00 20 Reseed Turf Areas SF 33,861 $0.25 S8.465.25 21 Decomposed Granite SF 22,331 S0.50 $11,165.50 22 Irrigation System Drip SF 22,331 $0.75 $16,748.25 23 Irrigation System Turf SF 33,861 $1.25 S42.326.25 24 Irrigation Controller EA 1 $15,000.00 S15,000.00 25 Landscape Establishment LS 1 S10,000.00 $10,000.00 Site Amenities 26 Cafe Tables EA 29 $1,600.00 $46,400.00 27 Trash/Recycling Receptacles EA 10 S1,200.00 $12,000.00 28 29 Drinking Fountain EA 2 S4.000.00 S8.000.00 Mutt Mitt EA 6 S800.00 S4.800.00 Electrical Systems 30 Electrical System (West Median)LS 1 540,000.00 $40,000.00 Electrical Service,including distribution panels,andcontrol equipment LS 1 $15.000.00 :-15 ic'::: Conduit.Conductors andTrench(includingpull boxes,splices,etc.)forDistribution Panels LF 600 515.0C S9.000.00 Utility Co.Transformer PadandMisc EquipmentInstall LS 1 S2.000.00 S2.000.00 UtilityCo.Connection Fees LS 1 S 10.000.00 S 10.000.00 31 Electrical System (East Median)LS 1 S51.000.00 $51,000.00 Electrical Service,includingdistribution panels,andcontrol equipment LS 1 S15.000.00 S15.000.00 Conduit,Conductors andTrench(includingpull boxes,splices,etc.)lorDistribution Panels LF 600 SI 5.00 S9.000.00 UtilityCo.Transformer PadandMisc Equipment Install LS 1 S2.000.00 S2.000.00 UtiityCo Conduil (secondary primary LF 250 540 DC S10.000.00 UtilityCo.Connection Fees LS •S15.000.0C S 15.000 00 Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills,AZ 10/9/2012 Item No. Item Description Unit Quantity Unit Price Total 32 Weatherproof Electrical Event Receptacles LS1 $79,900.00 S79,900.00 Weatherproof Electrical Event Receptacles,installed on steel post EA 54 S650.00 S35.100.00 Conduit,Conductors and Trench (includingpull boxes,splices,etc.)forEvent Receptacles LF 4.480 S10.0C S44.800.00 33 iWater Feature Mechanical Yard Electrical Connections (West Median)LS 1 $3,500.00 $3,500.00 Electrical Distribution,Disconnects and Connections lo Pump Equipment EA 3 S1,000.00 S3.000.00 Conduit,Conductors and Trench (includingpull boxes,splices,etc.)LF 50 S 10.00 S500.00 34 Water Feature Mechanical Yard Electrical Connections (East Median)LS 1 S4,500.00 $4,500.00 Electrical Distribution,Disconnects and Connections to Pump Equipment EA 4 S 1,000.00 S4.000.00 Conduit,ConductorsandTrench(includingpull boxes,splices,etc.)LF 50 S 10.00 S5CO.C0 35 Conduit and Trench (includingpull boxes)for Future Lighting LF 1,840 $8.00 $14,720.00 Site Demolition 36 Remove ExistingBrick Header LF 4,883 $1.50 $7,324.50 37 Remove Existing Trees EA 16 $2,500.00 $40,000.00 38 Remove Asphalt .... SY 274 $3.00 S822.00 39 Miscellaneous Earthwork Removals CY 274 S20.00 $5.480.00 40 Remove Existing Irrigation Components SF 56,192 $0.25 $14,048.00 41 Remove Existing Concrete Plaza SF 6,200 $2.00 $12,400.00 42 Demolish Existing Water Features EA 5 510,000.00 S50.000.00 43 Miscellaneous Removals LS 1 $10,000.00 510,000.00 General Conditions ..Mobilization,TrafficControl,Construction Fencing,Construction Staking,(--.oaaaaaa 44 Lo $>i ou.uuu.uu etc. S180,000.00 SutJtotal Amount: ngency (10%): S1,615,792.75 S161,579.28DesignCont Revitalization Opinion of Probable Cost with Area Lighting Conduit:$1,777,372.03 10/9/2012 3 of 3 Revitalization Concept B Avenue of the Fountains Medians Site Inventory and Analysis-FINAL Prepared by: J2 Design | Prepared for: Town of Fountain Hills | June 28, 2012 Table of Contents Section Page Number 1. Introduction 1 Project Description 1Project Location 1 2. Hardscape 2-3 Existing Hardscape Conditions 2 Proposed Hardscape Improvements 2Hardscape Conclusion 2Hardscape Site Photos 3 3. Trees/ Landscaping 4-13 Existing Trees/Landscaping Conditions 4 Existing Trees Site Photos 5-10 Existing Tree Assessment Data 11-12 Removal Recommendation Map 13 4. Water Features 14-16 Existing Water Features Conditions 14Proposed Water Features Improvements 14Water Features Conclusion 14Existing Water Features Site Photos 15 Water Feature Site Location Map 16 5. Irrigation 17-18 Existing Irrigation Conditions 17Proposed Irrigation Improvements 17Irrigation Conclusion 18Existing Irrigation Site Photos 18 6. Electrical 19-22 Existing Electrical Conditions 19 Proposed Electrical Improvements 19 Electrical Conclusion 20Existing Electrical Site Photos 20Existing Electrical Site Plan 21-22 7. Public Input 23-54 Priorities Ranking Questionnaire Sent to Public 24-25Avenue of the Fountains Questionnaire Summary 26 Comments Received from Fountain Hills Residents 27-54 Page i Ju n e 2 8 , 2 0 1 2 Project Description: The Town of Fountain Hills is known for and identified by their majestic water fountain located in the center of the Town's Fountain Lake. The community’s foun ding birthday is con sidered Dec. 15, 1970, when the famous “World’s Tallest Fountain” was turned on for the first time at Fountain Park. Work started on the first residences in the fall of 1971, and by February 1972, the first homeowners were moving in. The Town has grown considerably since the founding and now has over 22,000 residents. The Lake and the world famous fountain are a primary focal point for both visitors and local residents. Many of the Town's premier events and festivals are centered around the Lake and fountain with vendor booths aligned with the lake edge and along Saguaro Boulevard and continuing west along the Avenue of the Fountains to La Montana Drive, where the Town Hall complex is located. There are also numerous and popular local business shops adjacent to Avenue of the Fountains within this area that draw many visitors and patrons to this key commercial area and renowned Town feature. The existing medians within the Avenue of the Fountains that were constructed over 40 years ago between Saguaro Blvd. and La Montana Dr. and are extremely wide and help to create an inviting environment in the heart of downtown. This median is composed of several patches of open turf areas, many large mature trees, walking paths, six small water features with incorporated public art installed within or around the water features. These amenities create a gathering place within the center of the roadway used by many for walking, exercising their dogs, and for vendor booths during the annual Town events such as the Great Fair, Homecoming Parade, Halloween in the Hills, Art on the Avenue, Farmer's Market, and many more events throughout the year. The Avenue of the Fountains infrastructure is approximately 40 years old and is reaching the end of it's expected and anticipated life cycle, this has resulted in increased maintenance, repairs, and an overall increase in operations costs. The Town wants to investigate infrastructure needs of the existing median systems and provide a master plan of improvements to the Avenue of the Fountains that will carry it through the next 40 years. Known issues with the current system that need to be addressed are the following: • Leaking water features/fountains, • Antiquated and out of code electrical system, • Leaking and inefficient irrigation system, • Pedestrian accessibility • Landscape health of the turf, plants, and trees This report will detail the investigation findings of the current system and propose recommended improvements for consideration to be included in the new master plan. Project Location: The Avenue of the Fountains is located just west of the Town's Fountain Lake Park. The extents of this report deal with the Avenue from Saguaro Boulevard to La Montana Dr. The total length of the inspected corridor is approximately .36 miles 1. Introduction North S a g u a r o B l v d . L a M o n t a n a D r . Avenue of the Fountains Avenue of the Fountains Approx. 922' (.17 Miles) Approx. 922' (.17 Miles) Fountain Hills Administration Building Project Limits Project Limits Fountain Shall Be Repaired During Saguaro Blvd. Improvements Ve r d e R i v e r D r . Ma t c h l i n e S e e L o w e r L e f t Ma t c h l i n e S e e U p p e r R i g h t Ve r d e R i v e r D r . Page 1 Ju n e 2 8 , 2 0 1 2 Existing Hardscape Conditions: • Currently the median pedestrian pathways do not meet Americans with Disabilities Act (ADA) federal and state guidelines. • At numerous locations throughout the Avenue the longitudinal slopes and cross slopes of accessible ramps are in excess of allowable maximum conditions. The maximum longitudinal slope is 8.3% and maximum cross slope is 2%; we noted some location that were above 13% or more. (See Photo HS-1 & HS-2) • Currently there is limited safe continuous pedestrian access from the south side to the north side of Avenue of the Fountains. Crosswalks are currently only identified at La Montana Drive, the mid block between La Montana Drive and Verde River Drive, the east side of Verde River Drive, and Saguaro Boulevard. • The curbing that surrounds the perimeter of the Avenue of the fountains is in decent shape and of a consistent slope, however several sections have either heaved or settled within the corridor. (See photo HS-3) • Near the center of the eastern leg of the Avenue of the Fountains there is a hardscape node area where wood was used as an expansion material, the majority of these expansion pieces have deteriorated and cause an unsafe tripping hazard.(See Photo HS-4) • Concrete cracking within the interior concrete plaza areas is prevalent at numerous locations throughout the corridor. One notable example is at the fountain along Saguaro Boulevard which has cracking as well as dis- colored and spalling concrete. (See Photo HS-5) • Currently there are numerous locations where plastic landscape edging is used to separate turf from decomposed granite planting areas. This material is not rated for high traffic areas and has been damaged beyond repair. (See Photo HS-6) • The Decomposed Granite pathway that runs through the eastern portion of the Avenue is not an acceptable material to meet current federal and state ADA guidelines nor does the asphalt patch leading to the pathway. ( See Photo HS-7) • The brick header that contains the decomposed granite pathway is in serious deterioration. In several locations the header has heaved from nearby tree roots, replacement sections have been installed but do not match existing color, and texture and creates an uneven nature and loose areas. (See Photos HS-8 & HS-9) • An existing memorial to Keith McMahan (Former Council Member) which currently sits near the concrete plaza will need to be reincorporated into the new design of the median (See photo HS-10) Proposed Hardscape Improvements: • Remove, redesign and replace all non-conforming Accessible Ramps and walkways. • Replace the existing Decomposed Granite pathway and brick paving border with a hardscape that is both aesthetically pleasing while meeting new ADA guidelines • Remove all plastic landscape edging and replace with a more substantial material that can withstand maintenance impacts (mowers, weed whips, irrigation spray) as well as the occasional but heavy festival traffic and provide the necessary separation between turf and existing hardscape or landscape areas • The new design should include site amenities that are currently under served within the medians including; new benches, trash cans, "dog mitt" pet waste stations, drinking fountains. Hardscape Conclusion: The majority of the hardscape features and elements within the corridor are in serious need of replacement. These features represent several non-compliance issues relative to ADA, potential as a pedestrian tripping and falling hazard, and the overall poor appearance that these deteriorating features project to the citizens and visitors to the Town. Replacement of these elements with maintenance friendly and durable materials will ensure that the median can be aesthetically pleasing, safe, functional, and provide access for people of all ages and abilities for years to come. 2. Hardscape Page 2 Ju n e 2 8 , 2 0 1 2 2. Hardscape Site Photos Photo HS-1 Photo HS-4 Photo HS-7 Photo HS-10 Photo HS-2 Photo HS-5 Photo HS-8 Photo HS-3 Photo HS-6 Photo HS-9 Page 3 Ju n e 2 8 , 2 0 1 2 Existing Trees/ Landscaping Conditions: • Many existing trees within the median are reaching the end of their life cycle and are causing issues with water features, walkways, brick headers, electrical systems, and irrigation systems due to invasive roots. • Several of the existing trees because of their age and health condition may pose a threat to the public and private property from falling branches or tree failure in a storm event. • A review of historical and current aerial photographs show that a significant number of trees within the median have been lost due to storm damage. • Some of the current plants within the median are not in accordance with the Town's development ordinance for low-water use plants. • A registered consulting arborist, Tim Johnson of Artistic Arborists was included on the project team to investigate and analyze the existing trees. Tim has provided his recommendations on treatment and survivability of the trees located within the median. His report and results of his findings are included below. Scope: Inventory and assess the health of all trees within median strip from La Montana Drive to Saguaro Boulevard. Reason: A proposed landscape rehabilitation of this area to be more user friendly for residents and community events while maintaining an emphasis on shade and potentially increasing site lines within the median and potentially to the Town's famous fountain. Purpose: The median at one time was completely shaded by a tree canopy that covered the entire median from east to west and north to south. Over the past 40 plus years many of these trees have been lost or damaged by storms or health issues and many were never replaced. The remaining tree population at this time is forty-five (45) trees. The existing trees that remain are very spread out, many do not match the original planting design for species selection and on average are in a poor or declining health condition. Maintenance of the trees has been reactive based only and focused on removal of any dead or storm damaged materials. Views of fountain is blocked due to size and location of trees. Retaining of many of these trees while desirable may not be feasible or cost effective. Therefore, a visual assessment of each tree in the median related to current: condition, risk, effect on site line, survivability through construction phase, ability to salvage and transplant, and required management pre and post construction was undertaken. Purpose: Forty-five (45) trees were visually assessed on March 29 and April 17, 2012, on an individual tree by tree basis by a certified arborist. There are five trees (numbers 4, 6, 16, 17, and 20) that are recommended to be removed due to their unacceptable risk potential. Eleven trees (numbers 5, 18, 29 thru 36, and 40) should be removed prior to construction due to health and structure issues that cannot be turned around feasibly or economically. Nineteen trees impede the view of the fountain from any location within the median, with the only strategy for improvement of this view being removal of these trees or acceptance that views will be blocked. All trees will require pre-rehabilitation maintenance especially irrigation to maximize hydration prior to construction as well as pruning and fertilizing to adjust and strengthen each tree to withstand the construction procedures and increase their individual longevity. Overall, the trees within the median appear to be in fair condition considering their history with credit for their current condition given to the Town's maintenance personnel and their practices. None of the existing trees could be considered specimen trees at this time or even in the future after targeted irrigation, pruning, and fertilizing. The shade factor of any tree in the desert southwest makes them assets to the current landscape. Unfortunately some of the existing trees may be liabilities to the Town due to their failure potential. The development of any master plan concepts should include new trees to replace any existing trees that might necessitate removal. Currently new trees are not being planted to replace the existing trees that have been lost over the years. Planting of new trees will ensure the landscape has a plan of succession to ensure a mature tree canopy coverage in the future. 3. Trees/Landscaping Page 4 Ju n e 2 8 , 2 0 1 2 3. Existing Trees Site Photos Trees 1,2,3 Tree 4 Tree 6 Tree 4 Tree 5 Tree 6 Tree 4 Tree 6 Tree 7 Page 5 Ju n e 2 8 , 2 0 1 2 Tree 7 Tree 8 Tree 10 Tree 8 Tree 9 Tree 11 Tree 8 Tree 9 Tree 12 3. Existing Trees Site Photos Page 6 Ju n e 2 8 , 2 0 1 2 Tree 12 Tree 17 Tree 19 Trees 13, 14, 15 Tree 17 Tree 20 Tree 16 Tree 18 Tree 20 3. Existing Trees Site Photos Page 7 Ju n e 2 8 , 2 0 1 2 Tree 21 Tree 25 Tree 28 Trees 22, 23, 24 Tree 26 Trees 29 - 35 Trees 22, 23 Tree 27 Trees 29 - 35 3. Existing Trees Site Photos Page 8 Ju n e 2 8 , 2 0 1 2 Trees 29 - 35 Tree 37 Tree 40 Trees 29 - 35 Tree 38 Trees 41 Tree 36 Tree 39 Trees 42 3. Existing Trees Site Photos Page 9 Ju n e 2 8 , 2 0 1 2 Trees 43 Tree 45 Trees 44 Tree 45 Tree 45 3. Existing Trees Site Photos Page 10 Ju n e 2 8 , 2 0 1 2 3. Trees Assessment Data Page 11 Ju n e 2 8 , 2 0 1 2 3. Trees Assessment Data Page 12 Ju n e 2 8 , 2 0 1 2 Page 13 Ju n e 1 8 , 2 0 1 2 Existing Water Features Conditions: • Several of the water features have significant leaks thus consuming large amounts of water. Each feature within the project was tested to ascertain what amount of water was being lost. The results of this evaluation take into account evaporation rates and indicated the following losses: - Fountain #1 (Avenue of the Fountains & Saguaro Boulevard) : 66,100 gallons per year water loss - Fountain #2 (Eagle Waterfall) : 100,500 gallons per year water loss - Fountain #3 (PVC Pipe) : 42,000 gallons per year water loss - Fountain #4 (Waterfall) : 35,500 gallons per year water loss - Fountain #5 (Boy & Girl) : NA- fountain has automatic float system for refilling - Fountain #6 (Circle Feature) : 15,100 gallons per year water loss • Existing public art pieces such as the rotary plaques, bronze eagle and bronze children shall be salvaged and reincorporated into any median renovation. (See Photos WF-1 & WF-2) • Three pump stations are currently located underground within vaults thus making maintenance very difficult as the spaces are small and sometimes will flood during storm events as some vaults do not have submersible pumps. (See Photos WF-3 & WF-4) • There is no cohesive design to the construction/ layout of the 6 pump stations which operate the water features. Each pump station has a different motor, filtering system, and piping layout making maintenance a difficult and costly on-going task. • All of the below grade pump stations are not secured with locks, and the above grade pump station are completely open to the public making vandalism or theft a concern. (See Photo WF-5) • Several of the water features do not have automatic fill mechanisms, requiring maintenance staff to manually refill water features. (See Photo WF-6) • None of the water features have a wind sensor (anemometer) to alert the pump to shut off during high wind conditions. During the site visits several fountains continued to run during high winds covering large areas of the surrounding hardscape with water, creating unsafe conditions and wasting additional water. (See Photo WF-7 & WF-8) • The concrete coping on several water features have numerous large non-repairable cracks which effect the overall aesthetic of the feature. (See Photo WF-9) • 4 of the 6 water features do not have expansion joints installed between the wall of the fountain and the surrounding concrete, which has caused cracking to both surfaces. (See Photo WF-10 & WF-11) • The plaza spaces around each of these fountains does not currently meet federal and state ADA guidelines and is recommended to be replaced. (See Photos WF-12) • Public seating (benches) around the fountains to enjoy them is minimal and should be increased or incorporated into any improvements Proposed Water Features Improvements: • Consider consolidating all water features pump systems to one central pump enclosure which would house all the motors and filtering equipment required to run the all of the water features, thus making maintenance more practical and easier to troubleshoot problems. • Standardize equipment between all water features. • Remove and replace water features so appropriate liners can be installed and current leakage can be eliminated. • Remove and replace surrounding pedestrian plaza areas around each fountain bringing them into compliance with current ADA standards. • Salvage protect and replace any public art features associated with these water features (Boy & Girl drinking from hose, Eagle's Nest, Rotary Club Plaques). Water Features Conclusion: After evaluation of the current 6 water features within the corridor and the associated annual water leakage, disjointed and costly water feature pump stations, and water feature piping these features need to be addressed and their inadequacies corrected. Corrective measures may include complete removal of specific water features, renovation and reconstruction of existing water features, or the addition of new water features. The results will be a savings in water costs through elimination of the current leakage, better filtration equipment, reduced maintenance cost by consolidating pumps, piping, and fixtures that are uniform, creation of accessible water features with public art. 4. Water Features Page 14 Ju n e 2 8 , 2 0 1 2 4. Existing Water Features Site Photos Photo WF-1 Photo WF-4 Photo WF-7 Photo WF-2 Photo WF-5 Photo WF-8 Photo WF-3 Photo WF-6 Photo WF-9 Photo WF-10 Photo WF-11 Photo WF-12 Page 15 Ju n e 2 8 , 2 0 1 2 North S a g u a r o B l v d . L a M o n t a n a D r . Ve r d e R i v e r D r . Ve r d e R i v e r D r . Avenue of the Fountains Avenue of the Fountains Fountain Hills Administration Building Water Feature #6 (Circle Feature) Water Feature #1 (Tiered Fountain) Water Feature #2 (Eagle Sculpture) Water Feature #3 (PVC Pipe Fountain) Water Feature #4 (Waterfall) Water Feature #5 (Boy & Girl Statue) 4. Water Features Location Map Page 16 Ju n e 1 8 , 2 0 1 2 Existing Irrigation Conditions: • The current irrigation system repeatedly experiences line breaks and is under constant repair causing distress to the landscape. • Currently there are four separate controllers used to operate all existing turf zones. (See Photo IR-1) • Drip control valves are not linked to turf controllers and are currently operated by stand alone battery controllers located in valve boxes. (See Photo IR-2) • Backflow at southern median is not installed properly as it should be 12" min. above ground in order for it to be maintained and does not have an enclosure. (See Photo IR-3) • Existing backflow enclosure to northern median does not have concrete pad to be able to lock enclosure down. This is a concern due to many backflow thefts are being reported throughout the region due to the increasing value of copper. • No master valves or flow sensors exist on the current systems which are utilized to monitor and shut down a system in case of line breaks or major leaks. Note mainline breaks due to age of system have been a reoccurring issue for maintenance. • Few existing quick couplers were found along median edges but are not located within valve boxes and some are broken. (See Photo IR-4) • Existing irrigation system is not set up per proper conventional methods. Currently a single control valve operates only one or two turf rotors while several control valves are wired together at the controller to force multiple rotors to operate simultaneously like a 'normal' station would. • Several turf zones have limited pressure due to too many heads installed on a single irrigation zone resulting in poor water distribution (See Photo IR-5). • Several turf zones have a mix of both rotors with pop up turf spray nozzles which is not proper design method due to the large variance of precipitation rates between rotors and sprays. One zone was even noticed to contain rotors, sprays, bubbler, and emitters all on same zone which is never recommended. • All turf rotor and spray zones have mixtures of different manufacturers and nozzle types which alters the precipitation rate of each head thus aiding in the inefficiency of the system and is costly to maintain. • Spacings between rotors or spray heads are inconsistent and many times too extreme where proper head-to-head water coverage is unattainable. (See Photo IR-6) • Drip control valves currently do not have filters or pressure regulators which are common practice to use with drip valves. The lack of these devices results in higher maintenance costs and inefficient watering (See Photo IR-7). • Many valves within valve boxes are encased with soil. This results in higher maintenance cost when repairs are required. (See Photo IR-8) • Several control wire connectors are standard wire nuts. These connectors should always be waterproof style connectors. (See Photo IR-9) Proposed Irrigation Improvements: • Remove/abandon all existing irrigation systems. Replace entire irrigation system with new system that is designed to be efficient, consistent, and reduce overall maintenance. • Install new reduced pressure backflow prevention units with secure locking enclosures. • Controllers should be replaced with new "Smart Controllers" utilizing water saving technologies such as flow sensing and ET weather sensor based programming. Flow sensing can detect if any major leaks occur and signal the controller to shut down the system in such an event while ET weather based controllers utilize weather data to provide automated controller programming ideal to the current weather & site conditions resulting in water savings and a very efficient irrigation system. • Number of controllers can be reduced to only two or possibly even one controller and include remote capability which is an invaluable tool to maintenance personnel. • One master valve and flow sensor should be installed per each water point-of-connection to monitor and shut down the system if excessive water use from a line break is detected. • All PVC piping should be replaced using schedule 40 or class 200 PVC pipes properly sized per the expected flows through the pipes to minimize pressure loss due to friction while maintaining recommended velocity levels. • New quick couplers should be strategically placed within valve boxes at areas where necessary for maintenance personnel to access and utilize for cleaning high traffic hardscape areas. • New remote control valves should be installed to operate separate zones of rotors/sprays/ or emitters. • All turf rotor/spray heads should be replaced with like manufacturer heads using matched or similar precipitation rate nozzles properly spaced to provide head-to-head water coverage within newly designed turf areas. • All drip emitters should be replaced with like manufacturer emitters utilizing multi-port emitters 5. Irrigation Page 17 Ju n e 2 8 , 2 0 1 2 for all trees and single-port emitters for all shrubs. • Drip control zones should be installed using filter and pressure regulators. • New pipe sleeves should be installed under permanent hardscape elements to facilitate any potential future maintenance issues so hardscape elements do not require removal or disruption. • All valve boxes should be installed new with locking covers and rock aggregate sumps over filter fabric to minimize long term maintenance. Irrigation Conclusion: J2's irrigation design staff has evaluated the existing irrigation system along Avenue of the Fountains and concurs the best strategy is for the Town to consider a complete renovation of the existing system. Due to issues noted previously under 'Existing Irrigation Conditions', it is our opinion that all irrigation components should be replaced with exception of the water meters in order to have a dependable and efficient irrigation system that will aid in minimizing the amount of water usage and required maintenance. Many times one or more of the main irrigation components may be salvaged and reused in effort to reduce construction costs, however none of the existing irrigation components appear to in any condition to warrant consideration of salvaging and reuse. The controllers are still operational and should be returned to the Town for potential reuse on another project where more suited to fit as they do not have enough available stations or necessary features for this project. The backflow units that are removed and replaced should be returned to the Town as they may be rebuilt and reused with other Town projects that have the flow rates and sizes that are in keeping with the proposed improvements for their use. 5. Irrigation Cont. Photo IR-1 Photo IR-4 Photo IR-2 Photo IR-5 Photo IR-3 Photo IR-6 Photo IR-7 Photo IR-8 Photo IR-9 Page 18 Ju n e 2 8 , 2 0 1 2 Existing Electrical Conditions: • SRP provides electrical service to two Service Entrance Sections (SES) along Avenue of the Fountains: one SES for west median located just west of N. Verde River Dr. intersection (See Photo EL-1) and second SES for east median located in shopping center parking lot. (See Photo EL-2) • Western SES is rated 400 amp, 120/208 volt, three- phase system with electric meter #2318260. • Next to the west SES are three heavy duty 200 amp, 250 volt disconnects each feeding a sub-panel: A, B, & C. Panel A feeds power to receptacles on west half of the western median (See Photo EL-3); Panel B feeds power to the pump for Fountain #6 and receptacles on east half of the western median (See Photo EL-1); & Panel C feeds power to Fountain #5 and receptacles west of the panel. (See Photo EL-4) • Eastern median SES is rated 200 amp, 120/240 volt, single-phase system with electric meter #1225849. (See Photo EL-2) • Eastern SES supplies power to Panel F (See Photo EL- 7) located in the median which then provides power to two sub-panels D & E as well as power to pumps for Fountains #2 & 3 and a receptacle on the panel; Panel D is a 18-space panel (See Photo EL-5) feeding power to the waterfall timer at Fountain #4 and a receptacle on the panel. Panel D also supplies power to a small 6-space sub-panel which feeds a few receptacles in the area and is limited to 20 amps; Panel E is a 12-space panel (See Photo EL-6) supplying power to another small 6-space sub-panel which feeds the pump for Fountain #1 and a few receptacles on the panel and is limited to 30 amps. It is unknown what each of the twelve (12) 20 amp breakers from Panel E are powering as they are all unlabeled. • Throughout both medians there are currently fifty-four (54) 20 amp receptacles mounted on conduit, posts, or on the sides of panels. Many receptacles show signs of water damage with broken or missing plastic covers and no way to lock the receptacle to prevent unwanted use by general public. (See Photos EL-8 & EL-9) • Receptacles are protected against electrical ground- faults through a combination of Ground Fault Circuit Interrupter (GFCI) protected receptacles or GFCI breakers. This mixture of protective devices adds a level of complexity during maintenance and troubleshooting of problems making it difficult to test and ensure reliability of the GFCI device. • Throughout both medians there are currently eight (8) electrical panels with overlapping service areas making it difficult to easily identify what panels are powering different devices in the area and makes it very difficult to maintain and trouble shoot. • Panels D, E, & F are either installed too low to the ground, or installed at the curb in the median facing outward to the street thus making maintenance difficult and sometimes dangerous. • Both the western & eastern smaller sub-panels are undersized and installed too close to the ground that they are very difficult to maintain. • Many panels are missing labels thus making it very difficult to identify where they are being powered from and what they are powering. • Throughout the site, the receptacles are unexpectedly turning off as a result of moisture in the receptacle boxes and aging GFCI’s. Proposed Electrical Improvements: • Reduce the two Electrical Service Entrance Sections to one central location. This will help to reduce the complexity of the electrical system which will reduce maintenance costs and utility company long term costs. • Replace existing undersized sub-panels with new adequately sized sub-panels as needed in strategically placed areas. All panels will be sized to accommodate future growth so that smaller panels will not have to be added later. • New electrical equipment and sub-panels to be moved to locations where maintenance can more safely be performed. • Screen all electrical equipment so that it is not as obvious or intrusive to the landscape. • All receptacles should be replaced with new event style receptacles with metal lockable covers. • Provide ground fault circuit interrupting breakers in panels for each receptacle to help minimize maintenance and troubleshooting. • New electrical disconnects should be installed at each fountain or water feature to provide added safety for maintenance of the equipment. • New electrical pipe sleeves should be installed under permanent hardscape elements to facilitate any potential future maintenance issues so hardscape elements do not require removal or disruption. • New area lights should be added to central plazas or gathering locations to provide a sense of comfort and security • New accent lighting should be added to fountains near central plazas or gathering locations to enhance the night time aesthetic of the fountains. • New walkway pedestrian style lights may be considered to be added to the project to provide a safe and comfortably way finding route through the site. 6. Electrical Page 19 Ju n e 2 8 , 2 0 1 2 6. Electrical Cont. Photo EL-1 Photo EL-4 Photo EL-2 Photo EL-5 Photo EL-3 Photo EL-6 Photo EL-7 Photo EL-8 Photo EL-9 Electrical Conclusions: Wright Engineering Corp. has evaluated the existing electrical system along Avenue of the Fountains and concludes that the best strategy is for the Town to consider a complete renovation of the existing electrical system. Due to issues noted previously under 'Existing Electrical Conditions', it is our opinion that all electrical components should be replaced in order to have a dependable and efficient electrical system. A new electrical system will aid in minimizing the required maintenance and troubleshooting efforts as well as increase the safety of the maintenance personnel while working on the system. Many of the existing electrical panels are in locations where traffic needs to be interrupted to provide the necessary maintenance. One or more of the existing electrical sub-panels or disconnects may be salvaged and reused in an effort to reduce construction costs, however many of these items do not appear to be in good enough condition to warrant consideration of salvaging and reuse. None of the receptacles throughout the site are in good enough condition to salvage and reuse, therefore all should be replaced with new weather-resistant receptacles with metal lockable covers. Page 20 Ju n e 2 8 , 2 0 1 2 Page 21 Ju n e 1 8 , 2 0 1 2 Page 22 Ju n e 1 8 , 2 0 1 2 Appendix Public Input Questionnaire Page 23 Ju n e 2 8 , 2 0 1 2 7. Public Input Priorities Ranking Public Questionnaire (Page 1) Page 24 Ju n e 2 8 , 2 0 1 2 7. Public Input Cont.Priorities Ranking Public Questionnaire (Page 2) Page 25 Ju n e 2 8 , 2 0 1 2 7. Public Input Cont. Page 26 Ju n e 2 8 , 2 0 1 2 Page 1 of 28 AVENUE OF THE FOUNTAINS MEDIAN PROJECT QUESTIONNAIRE COMMENTS June 4, 2012 FORM # COMMENTS 124 I suggest using low water use trees as a shade option vs. building shade structures. Locate permanent infrastructure for events (art fairs) to allow more median access during the events. A more modern and efficient public address/sound system should be included of the event and stage areas. 125 More benches 126 This project should be undertaken in stages. The first stage should be foundation for all work to follow as in building a house. The completion could be planned and executed as funding becomes available. Obviously grading, plumbing and electrical would constitutes the first stage. Through the whole process in allowing for maintenance. 130 I have proposed this before and still believe this is the most beneficial upgrade to achieve: add partial shade structures with water misters over the existing sidewalks on the north and south sides of the Avenue of the Fountains. On the south side, the structure could be an extension of the existing structure. This would encourage more foot traffic; any also encourage the establishment of new businesses. I believe a central, unifying theme should be established. “Upgrade the Avenue of the Fountains” is not a theme. I have proposed the following before as well: Turn Fountain Hills into Arizona’s only Blue zone! The first question I usually hear is, “what is a blue zone”? http://www.bluezones.com/ . blue zones help people live healthier, longer and better. The partially shaded, misted sidewalks could be the first step (pun intended) in a Blue Zone themed focus for Fountain Hills. The medical facility on Palisades could easily be tied into the Blue Zone theme. The lake and the lake trail fit right in. 137 The area should be configured to leave and add to the trees in the median. We need grass and trees not concrete and bandstands. The water features should stay. The open areas should be filled in. Our town center should look like Prescott town center. Town of FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Page 27 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 2 of 28 139 I think the grassy area must stay. More shade is good. More little shops added in spare lots would be good. Trees must stay, or more added. Water features need to stay. This is what people want. 140 Research the history of Leavenworth, WA. It is truly a success story. Fountain Hills has the potential to be that and more. 141 F.H. town roads should come before this project. For 20 years the roads are the last item fixed. 142 Improvements are good as long as you don’t have to dig them up again when there is new development. 143 I have lived in Fountain Hills for over 25 years and don’t want any BIG changes to the “Avenue”. Fix what is broken but don’t change the feel of it. I love those big trees – I’ve watch them grown with the Town, don’t get rid of them. The median is nice to look at from the store side and should stay the way it is. We are a unique Town with few street lights we need to keep our unique charm. If people don’t like it let them move somewhere else. I moved here because of no street lights and open space. We need to repair items but not change our Town’s look. 144 Streets should be the priority. 145 Stop with the public sculptures. The town has enough. Please keep in mind that this town is a desert when adding plant material! 146 Consider the views and events. Night lighting, electric for vendors and replace fountains. This is the center of town where everyone meets. 147 Let’s clean up the avenue and aim at regaining our role as a first class city. 148 Before the town spends too much money the council should coordinate with any proposal for the building of a Town Center or Cinema along the Avenue of the Fountains so we won’t have to redo the work. 149 Crossing the street safely is a problem from current parking! Cars do not respect the stop signs and U-turn with little regard to pedestrians (Verde River Drive). Water usage has to be a priority in this project along with safety of people! 150 I don’t know how the town could support 12 movie theatres; 6 would be sufficient. What we need are more outdoor restaurants and shops that don’t close up at 6:00 p.m. and some entertainment. Page 28 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 3 of 28 151 I am an artist who has been involved in the weekly art fairs for the past two years. Since you have a west end of the avenue and a east end before the Fountains I would suggest a restroom on both ends to accommodate those artists and farmer’s market vendors. Smaller fountains would be nice. Too big, too much space used for current fountains. 152 Part of the issue is the traffic on Saguaro. Fast and heavy at times. Suggest you consider putting in 3 roundabouts. One at the end of Ave of the Fountains with a fountain as its center piece. One at the intersection of Saguaro and El Lago Boulevard – remove light and the other at the intersection of Saguaro and E. Palisades Blvd also removing the light. They should be surrounded by paver/cobblestone to form the circle. These improvements would serve several purposes. 1) create a safe environment in downtown – slower traffic and perhaps less with people avoiding the road because it is slow progress 2) Reduced noise because of slower traffic and removal of lights. No more peeling out after lights change 3) Improved image-the center of the roundabout could incorporate artwork and water features. I would also consider installing 45 degree angles parking on Saguaro for improved lake access and a concrete pad lakeside parallel to Saguaro so vendors can set up on along the edge on weekends without blocking the street. I have a lot more suggestion/vision on what you should have there. It may cost a few dollars to put this in place but it could provide significant tax revenue if it draws more visitors to town. 153 Fix/replace FH roads as a higher priority than any of these items. 154 Road first, then median. 155 Natural trees are needed for shade in the median. The view will be blocked by the “Greening” of the park so don’t bother chopping trees. If you wanted ADA sidewalks why!!!, did you allow the restaurant to encroach on the sidewalk. Allowing the theater to be taller than the “standard” height will probably block views from the Ave of the Fountains. A public restroom should be available in the business area Not the median. There seems to be plenty of space in the retail area for this. 156 I don’t believe the existing fountains in the median should be repaired, but rather the fountains should be relocated to Fountain Park. The median should be opened up for events and kiosks (see Downtown Vision Plan and then rename the “Avenue of the Fountains” to Fountain Avenue”). As for public access from one side of the Avenue to the other, I am not aware of any incidents; however if there are, then address them. If not, then forgo the expense. The visual connection along the Avenue of the Fountain should be from the sidewalks Page 29 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 4 of 28 adjacent to businesses, not from the median. The goal should be to get more pedestrians strolling the business sidewalks, not the median. Sun-sail shades in the median should be considered in lieu of more expensive hard-roofed shade armadas. A public restroom is needed in Fountain Park before it is needed in the median (consider ROI based on frequency of use and number of pedestrians). I’m guessing that spending $2 M on the median will be a hard sell after the Town recently told the community it has no money to replace existing streets. I believe median ‘improvements’ should be scaled back to take into consideration community priorities and ROI’s. 157 1. No restroom facilities on the Avenue, please! Tacky and inappropriate. 2. No expenditures on art or sculpture, etc… We have mountains and a fountain. Please do not spend our taxes on funding some artist’s rendition of beauty. We have it already. 3. No receptacles, electrical equipment expenditures for artists to sell their wares on the Avenue. Most of the “art” we get at our fairs is substandard and of the church bazaar craft sort. 4. No awnings. 5. Yes, the Christmas lighting is awesome. Please keep. At this stage in our economy, to incur additional expense to improve the ave. of the Fountains median seems inappropriate. A better expenditure of time and money might be: 1. Remove the tacky sports bar with TVs glaring over the Ave of the Fountains and the lake. 2. Remove the neon sign in front of the church on Saguaro, the sign that advertises what the church is offering that week. Absolutely unbelievable that got through. 3. Upscale the entrance to our town. Newcomers to Fountain Hills first view of our town is a line of fast food restaurants….Taco Bell, Arby’s etc. Upscale the vacant buildings along that corridor entrance. Rent or sell those buildings to healthy lifestyle companies (i.e. NOT BARS) that will improve visitor’s impression. 4. Police the speeders who crank through our town on their way to Scottsdale &/or Mesa before and after work. 159 Indigenous shade trees are absolutely essential, rather than small desert shrubs. Fountain views are available from so many locations already. It is imperative if you want pedestrians, shoppers, and activities that you provide numerous shaded areas, especially with water features/fountains for a relaxing ambiance. No palm trees, please. We already have enough of them. 160 The bricks should be removed-some cement benches and trash cans along the Ave. need Page 30 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 5 of 28 repair-for site and safety. Keep it simple-enough fountains. The Greening Group has done a good job! My husband and I pick up trash along the Ave. several times a year- good exercise and it looks neater. Maintain what we have rather than adding a lot! Thanks. 161 We have enough fountains and statues. Fix what we have and not add a lot-some cement benches and trash cans need repair. Bricks could be removed. 162 The land on the south side of the Avenue HAS to be developed to increase the beauty of the town. We desperately need a theater & attractive shopping area where residence and visitors can shop and spend time & money IN town. Make the Ave the Beauty of FH and the focal point where visitors WANT to participate in town activities. The population of FH has grown, it’s time for the town to grow also, How sad it is, most of us run to Scottsdale to spend our money & time. If the land is developed/sold the town can collect revenue from the investors for taxes etc…. What good is it to fix “the island” when it borders an empty lot that is nothing but an eye sore. Let’s get going and make a deal with a developer who will beautify the center of town and make us proud. Thank you. 163 Still waiting for the movie theater area to be developed. It’s a beautiful city. I am a visitor and love to walk around everywhere. Thx 164 Thanks for the opportunity to opine: I feel that a bathroom is overkill in that area. I think charging a fee for private events would help with the costs. I love the Xmas lights and would miss them greatly if they were removed. We frequent the median with our pets and I think removing the trees to better see Fountain Park is a mistake…It will take away quite a bit of shade. If people want to see fountain park, go to Fountain park….Some nice ramadas would be a real delight. Good luck with the project!! 165 Some questions seem opposite. If you take down the trees, how do you hang Christmas lights on them? Not sure what non-compliant plants are so cannot agree to take them out. If you are taking the trees down as they obstruct the fountain, how does the ramada, stage or bathrooms not interfere with the view? Not sure what the north-south pedestrian question actually means. Most importantly, why wasn’t there a question about who would like to see the vacant side of the avenue developed? It’s sad that the MAIN tourist street in our town only have ONE side. Thanks for asking! 166 I have an idea for the main entrance to the Ave of the Fountains, Saguaro Blvd side. Hence the name Ave of the Fountains let’s make it about the fountains. Start with a design like the picture I have sent. My thought is to get most of this paid for by business/residents that want to donate their time and products for a plaque on the back side of the fountain. Design the fountain in stone; add a design of the four peaks mountain range & red rock, with the water as a sheer decent falling over into the base. Then as you go up the Ave. enhance the area with covered seating, more fountains, maybe even a baby fountain like our world famous one across the street. Have it shoot up about Page 31 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 6 of 28 12’ into the air every hour. Add pavers (again residents purchase payers with names & sayings on them) adding a wandering path along the Ave. We are greening the fountain park, why not green the Ave?? Change the plants with donations of residents, business that what their names on plaques. We need to bring people into the Ave and keep them there for awhile, make it inviting so they will stay. Also design it so that different day & night events can happen. I also suggest going to our local college and see what design engineering students there come up with. Then offer the winner some type of scholarship money. Just some thoughts! 167 There are far more pressing issues than the median. Street paving should be #1 priority. Water fountains on the median are unnecessary and a waste of natural resources. The median is a perfect segway to our town mascot, the fountain. 168 Unable to answer the early questions without replacement and maintenance costs and timing. Road maintenance seems a more important project than any of these points. 169 I love our Avenue of the Fountains and agree that it does need to be remolded as our town has grown with more public events. I’d love to see the median have more of a downtown feel so that the community comes down in the evenings and weekends. In regards to the fountains on the median. I would love to have some fountains. That is what makes the avenue unique, Avenue of the Fountains. I do agree that they need to be water and energy efficient. If we are going to have events on the median, then yes we do need some sort of shading, however not necessarily hard roofed. The style of shading will depend on the overall look we are trying to create. Public restrooms should be added in the areas, but not in the median. 170 I think the most important consideration is for existing and future landscaping to require as little upkeep and use as little water as possible. Any new trees should provide shade without drinking up a lot of water, which means mostly trees that are native to the desert or have adapted. Other plants should also be desert friendly. There are lots of bushes and flowering plants that can survive the desert heat and still provide a pleasing view. I’d like to see the Avenue as a respite, not only for people but for birds and maybe some smaller desert critters. A few benches instead of ramadas would be nice. Sculptures are great, but I think there is enough of it now. The pieces that can’t be repaired might be something private donors can offer to replace. Am a bit leery of a public restroom, as they can get messy. If that makes it into the plan, there should be something in place to encourage people to help keep it clean. No stage or plaza, please!! Those are already in place at the Fountain and would detract Page 32 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 7 of 28 from the natural and (hopefully) relaxing nature of the Avenue. Love the Christmas lights, since that’s about the only holiday draw the town has (besides the luminaries). 171 I don’t like the idea of a public restroom on the median, but one ought to be available within convenient walking distance of Ave of the Fountains. 172 I offer the following opinion: the existing fountains should be removed to save electric, water & maintenance. We already have a wonderful water feature directly in sight, the town fountain. We should not take away from that or try to compete with it. It is our town landmark. Also, we do not need another public stage since there is one just across the street in the park. Thank you for allowing me the opportunity to comment. 173 I think you should leave all the existing vegetation and minimize the changes to the median. I can see repairing the fountains, as they are part of the community identity. The median should be used as a park (during the day, not at night) and as such, should be focused on staying green. There is no reason to cut down the large beautiful trees that have grown there for so many years unless they are died or dying and pose a safety hazard. Building a restroom in the median would be costly and foolish, as the need to use one is a good way of getting visitors to go to the shops on the North side of the Avenue. And why build costly ramadas when you have all the beautiful trees to provide shade. Also, stop wasting money wrapping the trees in lights every holiday season. Use the lights on the shops on the North side instead. Finally, the irrigation system would require a lot less maintenance if we didn’t have the farmers market and other events taking place in the median, which is generally what causes the damage to begin with. Minimize the costs….keep the median green and take any money for median maintenance out of the funds the Town provides to the Chamber of Commerce. 174 This money would be better spent on roads if the roads are so poor no one will come to the median anyhow. This is a good example of doing what is easy and avoiding real needs. 175 Some of the questions are too vague without knowing what will replace, costs, from where the monies to do the project will come. Is this project really a priority during this time when money could be well spent somewhere else or not spent at all. The median is just that….why do you want to clutter it up with a public restroom and shade ramadas? Parking for the existing stores is already a problem when the median is being used for things. You believe the trees are blocking the fountain…. I certainly don’t want to be looking at public restrooms and the building and upkeep costs would be outrageous! If you are talking about new public art….I disagree unless it is donated. The artwork in Page 33 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 8 of 28 Fountain Hills is unique and fun but to be consideration more at the expense of taxpayers or taking from the town budget is poor judgment in my opinion. Do what HAS to be done to maintain/fix what is broken and stop spending money and then down the line complain that you need more money….which means more taxes. Fountain Hills taxes are too high now. 176 I am not in favor of any of these development plans. If we do not have funds for streets (Saguaro, in particular), we should not be looking to spend funds on development! Let’s first put “food on the table and a roof over our heads before we go to “Disneyland”! The way the second part of the survey is worded, it assumes median renovation. That is a really railroading technique. Again, let’s concern ourselves with things that are necessary rather than frivolous. Tighten our budget belt. Don’t pay for a design service! Do you honestly think we can afford that? 177 Before the Town decides to spend perhaps millions of dollars dressing up the Avenue you should get the streets fixed. The money you intend to spend here should go toward the repaving of Saguaro Blvd. 178 Not until Saguaro Boulevard is put on #1 priority. It is a disgrace and any other funds spent on the median should be used for it. 179 There is currently no real “residential purpose” to the Avenue area and therefore we haven’t been compelled to spend much time on the corridor. Farmers Market is a great example of a perfect use….however, it is traditionally held on a Thursday during work hours. Need more activities on this corridor during the weekend to draw us over there. It doesn’t have to be on the caliber of the two Art Fair events…but more along the line of the weekly Farmer’s Market approach. 180 Replacing any ill working water features and plants is imperative. Save water! Views along the Avenue are already there and having anchor trees at the entrance of the Avenue is visually appealing especially at the holidays. Isn’t there some kind of flashing signal that can be triggered by pedestrians to alert traffic for crossing into the park from the Avenue? Solar lighting fixtures to marry existing street lighting would be a plus even for night time strolling. Shade structures should also mirror existing styles on the Avenue. We must be ADA compliant. As a resident of the Avenue, street fairs is a whole separate issue that needs more space than I have here to discuss. I’m sure public restrooms would be appreciated by all who need to go to the bathroom! Public art should be displayed as part of a whole picture. Thank you! I appreciate the opportunity to share my thoughts and look forward to possibly working with you in the future to make this project awesome! 181 As a 31 year resident I have an appreciation for the town history as well as the need for Page 34 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 9 of 28 improvements in the interest of future development. I like what I see happening at the Fountain Park. As far as I am concerned, the Avenue of the Fountains median is just that. A median. So while I agree with the need for improvements to aging systems, unhealthy or high-water use plants…I do not wish to see the space turned into a meeting and gathering space. I like the fountains. I love the trees. And I love the holiday decorations. Add a path if need be but keep the concrete to a minimum. 182 Please fix the roads before spending money on the Avenue of the Fountains. 183 Public restrooms, while needed, should be unobtrusive. 184 I understand the appeal to hold events like farmer’s market on the avenue. However, these day-only events (unlike Art Fair) create dangerous conditions for pedestrians and motorists. People drive by the “window shop” from their car, delivery vehicles block traffic, and often cars stop to off-load in the street rather than pull into a parking space. I would oppose further development of these types of events….should be held on Fountain park property. 185 Please stop trying to get rid of all the trees, even palm trees and other plants that may not be on the Town’s list have value. We should be planting more trees. 186 Streets should be repaired before they get any worse. The next thing you know, we will have pot holes all over the city. This is keeping property values down! 187 While I agree that leaking fountains should be replaced with those that use water more efficiently, I am accustomed to the current visual style & would hope the replacements are similar or even better enhancement of the avenue. I think is important to any community, but we don’t have to have numerous stand alone bronze statues. The art can be subtle and free flowing. We are surrounded by communities that have done this. Making the median safe, appealing, and environmentally responsible should be the top priorities. More areas of seating to enjoy the beauty also, public restrooms a must. 188 How about up lighted palms down the median to provide atmosphere, lights and minimally obscure the view of the fountain. Would not like a public stage as we have the amphitheater area in the park. Perhaps an event plaza, where a temporary stage could be erected? 189 The village needs to take care of existing facilities FIRST. Condition of parks, streets, etc. has been ignored as they have been allowed to fall apart. The off lease facility is a total mess; maintenance of park grass areas is horrible. Let’s get our house in order prior to spending funds on “improvements”. 190 We have enough fountains and statues. Fix what we have and not add a lot—some Page 35 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 10 of 28 cement benches and trash cans need repair. Bricks could be removed. 191 No median renovation until Saguaro Blvd is upgraded. – Please! Please put first things first. There is too much emphasis on things that are not essential! When plants die or are destroyed, then replace with compliant plants. First do the streets. Why do we pay for a Town Manager? Shouldn’t the Council and Mayor manage it? Why are we paying J2 Design if we cannot afford streets? 192 If it’s not broken, leave it alone! Please do not remove trees! People love the shade! I work on Avenue of the Fountains and I look at the median everyday! The green is restful and the tourists (I see people and they come in our office everyday) comment on how inviting the median is----- (add benches but not shade ramadas– ugly! Talk about blocking the view!!!!!) People take “all their pictures” by the entrance to the Avenue by the beautiful tall pine” 193 With regards to putting in improvements such as electrical i.e.…for the different fairs we have. I say no, because we tax payers should not have to pay for the Chamber to close our streets down for over 6 days a year for their benefit. All they do is have parties for themselves, give awards to each other on our dime. I work on the avenue of the fountains and very much dislike the fact that I cannot conduct business during these Chamber function…..They do nothing to insure that myself and my clients can find a parking space. Thus I have to close my doors during all these functions. Thank you for your time. 194 Any rework of the median area should include a proper and safe cross walk across Saguaro to Fountain Park. I would also suggest a roundabout rather than another traffic signal other than perhaps a caution flasher. Any event lighting should be used only for events not ordinary street lighting. An events stage is redundant, use the amphitheater stage in the park or use temporary reusable staging. 195 There should be an effort to bridge the gap between Fountain Hills and Scottsdale – Tempe – Phoenix. Adding a light rail system for access as well as visitors from around the area. This would be a cost and energy efficient pull to bring people into Fountain Hills for activities as well as living. Access to college, games, art, events, work, airport etc…… 196 I agree that the trees are old and should be replaced…but with Palm tree, not the type of trees that do not lend to the landscape as I see they have already placed several of these types of trees at the fountain and they look so out of place!!! 197 Get rid of the idea of a 12 screen movie theater and put in an old fashioned theater with 4- 5 screens, old time candy & popcorn and put in a venue for the town theater and other performing arts projects. Symphonies, ballets, etc that will enhance the avenue also no big box buildings or parking structures. Keep it in the small town feel and appeal. 198 I applaud efforts to improve the median of the avenue, but I also think it’s very important Page 36 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 11 of 28 to keep large trees shading the avenue and proving an ambience that beckons to people. A two block strip of fountains, desert plants, and pathways without large shade trees would be very unappealing and probably very hot. Improving the median to accommodate art shows, farmers markets, concerts, and other events is very desirable. I hope the town, if this is done, really gets behind USING the space to get visitors to Fountain Hills, i.e., sponsoring more concerts and events, advertising these events, etc. the Chamber seems only interested in November and February art fairs. They set the tents up so that the median of the avenue and sidewalks in front of the businesses are “storage areas” for the tents. That doesn’t help the local businesses. It seems that a beautiful new median, with shade trees, fountains, pathways, public art etc as well as the sidewalk in front of the businesses should be open to visitors. Surely the south side of the avenue, Saguaro and perhaps other nearby streets (La Montana and Verde River) can accommodate the tents and visitors can enjoy the ambience of our “downtown” street. 199 Remove and not replace the fountains. On the subject of “integrated public art”, I’m OK with that so long as the walkways, walls, site furnishings, etc are NOT provided for the sole purpose of presenting more art. While I support art for public display, I don’t believe we should be spending money on additional art at this time when more serious infrastructure issues (repairing roadways comes to mind) need our attention and financial resources. 200 Instead of repairing or replacing the fountains, convert them into something that does not require any water or maintenance such as art sculptures. Your question was skewed to assume only replacing the fountains, and does not allow for other options such as removing the fountains. The avenue of the fountains has a name referring to water fountains but the name can stay and still refer to the main fountain park as well as the history of the blvd. 201 This strip of land definitely needs development and improvements made. We are in full support of such improvements, so long as improvements do not interfere with mountain view, nature, etc and are not distracting in any way. 202 The goal for the median strip should be a place of small plazas where locals and visitors can gather in the seating provided and under the shade of low growing, shady trees with ample seating and safe passage from one side of the boulevard to the other due to the parking available there. In the long run, this will be less expensive than maintaining ramadas or other unsightly structures for shade purposes. It should be beautiful in and of itself, as it now is, and any large construction should be confined to the larger park around the lake, not in the middle of the boulevard. While it is nice to consider the various events held there, spending enormous amounts of money to provide additional lighting, electrical hook-ups, large permanent bathrooms, etc is not economically feasible. The return on the investment is just not there. Therefore although I realize that perhaps the Chamber of Commerce would like to see all these things happen, it would be unfair to the residents who have to support the costs. Page 37 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 12 of 28 203 A number of these are good ideas but I tried to prioritize because of cost. What I would really like to see is development of the vacant space on the south side. A movie theater or other entertainment venues. 204 The Avenue of the Fountains should provide an attractive option to explore Fountain Hills as a pedestrian. An excellent project to bring visitors to Fountain Hills with the art, the fountains and the views. A good investment for the Town and the surrounding businesses. 205 The water leaks NEED to be addressed, in the fountains and the watering system. Trees that are in danger of falling or wind damage NEED to be addressed. Public stage should NOT be considered, not enough space. Hard roofed shade ramadas should NOT be considered, too much chance of high wind damage. A public restroom would be an eyesore; one can be built on vacant lots on the north side of the Avenue. People are going to cross the Avenue where ever they want. Cross walks will not help. No night lights down the Avenue. We don’t have street lights in neighborhoods and don’t need to waste the electricity downtown. Where is the power for the art fairs coming from now? If the main power supply NEEDS to be updated, then it should be. Booth space is not a need, it’s a want. The present pieces of art NEED to be kept and included in any remodeling. New pieces of art are ‘WANTS’ and should not be included. 206 Creating a comfortable and inviting exterior space with shade structures and furnishings would be high on my list – along with refurbishment or replacement of the fountains and irrigation system and brining the landscaping into compliance with low water use principles. It’s time to say goodbye to the grassy median. Also, aesthetics, function, and ease of set-up for the fair booths should b a top priority (including appropriate electrical receptacles) since the fairs are a major source of income for the town. In my mind there is no feasible way to improve the physical link between Fountain Park and Avenue of the Fountains. If there was money to bring the Avenue up to speed that wouldn’t be an issue as people would be naturally drawn to this extension of the park. Although we love Christmas, we think that the large amount of money spent putting up those tired old Christmas decoration could be much better spent. Thanks for sending the survey. 207 I strongly believe that commercial development, particularity a movie theater, is not Page 38 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 13 of 28 economically viable or sustainable. The town will be left with a vacant eyesore. We have enough commercial vacancies in this town not to even mention vacant homes. Some people in our town government have a vision of Fountain Hills competing with Scottsdale. Use common sense in planning and think like a business person. 208 During the renovation everything should be done to ensure easy access to existing businesses. It is important to keep these shops and restaurants thriving. 209 Who pays for the electricity for all the events using the median and possible lights/power receptacles? The holiday lights should be sponsored by different clubs and organizations that help fund the cost of the electricity and keeping the lights on during the season. The median should retain grass. 210 Dog walking should be eliminated from the grass median. We have and pay for a dog park. 211 We don’t agree with the restaurant infringing on the sidewalk. They are using “public” property to enhance their seating. We understand the restaurant needing more seating but it shouldn’t take away the “4 lane” sidewalk forcing pedestrians to detour around their fencing. 212 How can we be sure of your statements about trees or irrigation systems? How are we to answer questions if we do not have all the information you currently have? Why are you looking to spend money we do not have and make major changes to an area that doesn’t need most of the things you seem to want done. It seems, like the roads, you have this wish list and what you really want is to spend money when we do not have it. First and foremost, getting away from Fountain Hills and driving around this country, you’d realize there are terrible roads, far worse than our own, and some are even toll roads. We need to repair or replace the irrigation system, repair or replace pavers and walkways to make them ADA and customer friendly. We need to do only what will save money, not enhance for the sake of some expensive concept created by those who might profit from work given to make new and “Better” (maybe not better) looks along the Avenue. We do Art on the Avenue and the 2 Fountain Hills C of C shows so we are very familiar with the area on a weekly basis. We need more info to voice on these issues. 213 Do not add stuff to the median under any circumstances. Just fix stuff that is already Page 39 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 14 of 28 there. 214 We feel that natural shade proved by trees is important to preserve and takes priority over a “view” of the fountain. The fountain is visible for miles when it is on, otherwise there is not a lot to see. By contrast, the trees are visible and provide shade and clean air at all times. Public performance stage is better in the park – make improvements including shade for existing area. Public restroom is better placed in park and/or along the south side of the Avenue. 215 I would like to see our major streets leading into our beautiful town fixed and maintained before we spend more money to do other projects like replacing trees or creating an event plaza. 216 Road maintenance should take precedence over any improvements except those that save water. Sponsors of events should raise money to pay for improvements related to their events, i.e. art fairs, farmers markets. The developer for new construction projects on the south side should provide for pedestrian crossing to benefit his development. Donations should pay for holiday displays! 217 We feel that the city needs a lighted area that people can go and walk safety at night. It is too dark around the lake so Avenue of the Fountains would be a great alternative. 218 Avenue of the Fountains should have fountains on it. Switch to desert landscaping (no grass). Trees improve air quality, shade and add beauty. Their benefits outweigh the issues. People should walk five feet to the right or left if they want to see the fountain. Do not cut down trees to accommodate human laziness. There is a stage and event plaza in the park two blocks away. Other than art fair vendors (who have tents) no one stands in the sun on the avenue long enough to merit the expense. Hats are sufficient. Restroom is needed during events, use porta-potties so everyone doesn’t have to look at a bathroom every time they walk or drive down the avenue, during the 98% of the time that there is no event and no one in need of a toilet. 219 We are residents of Fountain Hills for over 30 years. We would love to see Avenue of the Fountains in a way that attracts people even for just a stroll. It needs to be a walk-through for pedestrians with lush surroundings (lush doesn’t have to mean non-eco friendly plants/trees) that provide a peaceful atmosphere and also an escape from the heat. A public stage or event plaza not in the median, but maybe on the south side of the street. We like the idea of ramadas. Somewhere with trees, fountains and a pretty walkway throughout. Please don’t strip it of its trees, and please keep the holiday lights! They really are an attraction! 220 The avenue does need an updated look, but as most of us has come to realize in this Page 40 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 15 of 28 economy, our wants vs. needs have to be carefully scrutinized. There are more pressing issues in the town, i.e. how to attract and retain businesses, road upkeep, etc. Remove the fountains, cut down old trees, reduce water consumption and renovate on a “best bang for the buck” budget to make the avenue “spiffier”. Please learn how to be fiscally conservative and create a master piece – then feel good about your conservation efforts. 221 Please don’t cut down trees – or even trim them. We need all the green we can get. No need of performance area on Avenue of the Fountains. There is one in the park. Same for restrooms as they are available across the street I the park. Please keep park open and green and same for the Avenue of the Fountains. 222 We need more downtown events, thus we should focus on redeveloping around what fits into the redesign to accommodate more fairs, farmers markets, theme seasonal events and tie them into utilizing the park. Public art is extremely important, however we need to expand what is public art…it is not only sculptures, a beautiful covered ramada that would provide a venue, shade or a visual space is ART. The needs of the many outweigh the needs of the few and that is what the redevelopment should be concerned with. Also, a new ordinance that mandates that the vacant downtown lot owners must bring their bare land into an approved landscape ‘greening’ compliance that reflects the updating of downtown Fountain Hills and that all future studies for the improvement of the downtown area must pay a % of those studies if it directly affects their properties. 223 Let’s keep Fountains Hills beautiful! Public stage or event plaza; I don’t know if this is the best place for it. 224 No stupid roundabouts entering the avenue form either end. 225 Median lights should be upscale (street lights) on both sides of the avenue to create ambience for events and gatherings. 226 Overall comments: Big picture – What’s the primary purpose of the median? We need to know that before we talk about enhancements, improvements or anything else. First we need to know how the median is intended to be used. Outdoor art is mentioned…isn’t that an obstruction to our two fair set-ups each year; isn’t it vulnerable to damage? I don’t mean to be negative about our beautiful art – I’m just being realistic. 227 This is the main street of Fountain Hills and should showcase our town. I think a desert landscape similar to Desert Botanical Garden with a path way and natural desert plants would be a great change. Water features and statues could be added with shaded seating areas and gathering people points for the conversations. Small performance areas could be available for concerts and music events. Public restrooms would be needed for events. Maintenance would be an added cost, but the Scottsdale Mall seems to be able to cover their public restroom expenses. Also consider a traffic circle at the Avenue and La Page 41 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 16 of 28 Montana. Past and current designs are dangerous and accident causers. 228 Temporary staging will suffice. Ramadas around lake would be better. Public restrooms; better location would be building on south side east of Town Hall. 229 Fix the streets that are falling apart! Priorities! Maintain existing facilities…. The off leash facility is a disaster, has been for a long time. 230 Public art: If affordable. New plant material: Not necessary. Public stage or event plaza: Use Fountain Park Performance Pad. Hard roofed shade ramadas: WHY??? Public restrooms: Not necessary. 231 There was a lot of money spent on the north side of the avenue. It did little to enhance the looks and did nothing to improve business on the avenue. I hope in these hard economic times and tight budgets, that the spending would be kept to a minimum. Maybe this money would be better spent on street repairs. I would like to know if the Chamber of Commerce is contributing anything to the improvements; it will benefit them more than anyone else. Also, as a property owner on Parkview Avenue, I think it is grossly unfair to spend millions on one street and totally ignore other streets. 238 I would like to see the whole median blocked off. Since the movie theatre will be going in there, will be parking spaces. There are also spaces behind most businesses that are underutilized now. It would be so nice to have an area that is only pedestrian friendly. I was on the City Council back in Illinois and the response was terrific. Lighting at night could come from street lights with baskets of flowers handing off them. Increase the amount of benches. It gives such a welcoming, homey feel and somewhere to relax. I think a limited amount of large shade trees could be incorporated. Smaller trees such as the orange would not work. I believe the business owners along the median would actually increase their sales. This would be a destination, not a drive by. As far as the event stage, that’s a great idea, both for the art fairs and to get people to come downtown. As far as the connection to the fountain, there should be a push walk button, well marked on the pavement, so that you can proceed safely. That would simplify everything. Do not put a roundabout in. The cost is prohibitive and no one cares for them. Good luck, I am excited to see the improvements. 240 Lighting of paths, walkways and highlighting of landscaping rather than high street/flood lighting preferred – would also contribute to pedestrian safety – ease of use. 241 Depends on who does it. 242 I am one of the Thursday “Art on the Avenue” artist. The gravel walkway is dangerous and the bricks that line it, too. I have had several people trip and fall by my display. Looks like a law suit waiting t to happen. We have a stage in the park and the circle by the Community Center, library, museum, why do we need another one? 243 No! No! No! Leave the big trees. Please keep large trees as part of the median. They Page 42 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 17 of 28 offer shade and enhance our town. Many of the trees live to be hundreds of years old. If a tree does have to be removed and another tree should replace it. Our avenue is part of the beauty and buildings obstruct the views, not trees, they only add to the ambiance. 244 I feel the most immediate priority ABOVE ALL ELSE, is the repair of Saguaro and Shea. It is the first thing people see when they come to Fountain Hills and Saguaro especially is in horrible shape!! 248 The project should contain a cost time line that is tied to Fountain Hills Financial abilities of the project. This also should incorporate the projects as they relate to a ranking of most beneficial to meet a short and long-term objective. Fountains reduced in size and or number and add xeriscape landscaping throughout. Pedestrian access – consider speed bumps and crosswalks with solar flashing signs. Also add solar signs NOW at the crossing to the fountains. Minimal additions for lighting and power for now. The Great Fair works now. Farmers market is a daytime event. A 40-year plan should be very flexible. A restroom attached and designed to fit in with new construction on the south side. 249 The lush, green atmosphere and tree canopy of the existing median are an important aspect of the area. Some people like the solid infrastructure of buildings and sidewalks like Kierland Commons; however, I believe the citizens of the Town would prefer a more rural feel with the natural landscaping of grass and trees. There is no need to remove trees to open up a view to the fountain; there are plenty of other areas from which one can view the fountain. I believe it is important to retain the welcoming feel of the existing median with the grass, trees and fountains. While this is a major use of water, it is an important use of water for the Town. Repair/replace the fountains and irrigation systems to the extent possible. Add a meandering sidewalk so all may access it. Add a crosswalk for north/south pedestrian street crossing in a logical location. Add permanent power outlets for booths to be set up at fairs; but do not put in permanent booths or booth space. The less concrete, the better. Temporary booths with white canopies add to the hometown feel of the fairs. But allow access to the center median during these fairs rather than shutting it off by the placement of the temporary booths. The addition of one small pavilion for live entertainment and gatherings is a great idea. Add reliable, safe and sturdy string lighting in the median, with light poles on the north and south sides of the streets. If cost is an issue, keep holiday decorations to a minimum, but keep the string lights year-round. Retain as much of the existing public art as possible. Add public restrooms to appropriate locations on the north and south sides of the street – not the median. Stripe the streets to make them two lanes Page 43 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 18 of 28 rather than the existing extra-wide single lanes where vehicles wander. And avoid permanent ramadas (other than one pavilion) in the median to keep the rural, welcoming feel. Thank you for your service to the Town! 250 Thank you for all your efforts to improve this area! 252 The median on the Avenue is an inviting green area with a peaceful park-like setting. Adding amenities like public restrooms and ramadas, although convenient, changes the overall character. Thank you for the opportunity to offer my input. 253 We need to be very careful not to create a heat island. Several of the trees provide shade and should be preserved. We really enjoy the grass and the cooling effect. Also, there are too few fountains. I think we should create a rock stream from the west end to the east end and build around it. 257 Fix the roads before starting any median work!!!! 259 Please, please keep the grass on the median north of Verde River Dr. The dark green lush lawn is an oasis in the middle of the Avenue and is actually cooler than the areas without grass. Add trash receptacles on the median north of Verde River. Please do not convert the median into a desert landscape with hot gravel and low growth plants that do not provide shade. Keep/upgrade the two waterfall/pond features. My wife and I walk our dog up and down the median every evening and would hate to see the variety (i.e. grass, fountains, ponds, trees) that it provides, be replaced with xeriscape and rocks just because it is so much easier to maintain. Thank you. 260 Along with Avenue of the Fountains renovations, your should look into a performance pad east of Avenue of the Fountains near the lake about 30 yards west of the lake. Also someday a tunnel should be built under Saguaro Blvd to connect the lake with the Avenue of the Fountains. I know these are major improvements but they are necessary to complete this package. 262 Median path should extend to La Montana and be on both sides of the avenue. New theatre should incorporate stage for shows, maybe include Fountain Hills Theater. Do not remove trees! Add more tall ones. Restrooms can be put next to commercial spots…not on median. Re-examine stop signs at Saguaro – a waste of time and gas. Just put in pedestrian cross- Page 44 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 19 of 28 walk buttons and stop lights. 265 The west end should have a couple more Fountains. It is called the Avenue of the Fountains. Bathroom and water on the west end; fountains “Yes”; Lights – “Yes” walkway on the west end – “Yes” and a couple of benches and tables for “checkers”, etc – “Yes” 266 Why doesn’t the Town use the money to increase the appeal of Fountain Hills Boulevard? It is in dire need of help especially if you are comparing it to Palisades or Saguaro. 282 It Is my opinion that the town management needs to concentrate on what is absolutely needed, unless of course there is lots of extra money. The kind of mind-set is why most people did not vote in favor of the road bond. People in town do not have extra money lying around, with layoffs, pay cuts, 401k going to the tank. It is kind of hypocritical that just a few months ago the town was talking about budget cutting, and now there is consideration of trees and replacing pools. When the town is prospering, and we have extra money, let’s do these nice extra things. 283 Although I agree with many of the items listed, I would want the opportunity to prioritize them to meet the budget. Regarding a public stage or event plaza, the stage in Fountain Park can serve that need. Regarding hard roofed shade ramadas, I prefer desert shade trees to go along with the Greening of Downtown. Regarding a public restroom on the median, I would prefer one but not on the median. Can a vacant business area be converted to a restroom? I am thinking of the building on the northwest corner along the driveway across from the Sunset Gallery at 16846 E. Ave of the Fountains. It is the building north to where Coldwell Banker was. 284 Don’t cut down any trees – design around them. They are the view and add character. The median is not a permanent retail space. Don’t commercialize it with event spaces. Electric is ok. Unobtrusive night lights. Public restroom should be off median and integrated into other buildings on the north or south sides of the street. No buildings in the median. Landscape doesn’t look distressed. The loose stone pathways are messy and many border repairs needed. Consider pavers and not concrete. 285 Do not cut one tree or change the grass. The median is a green oasis in a sea of brown sameness. I often drive the Avenue of the Fountains just to enjoy the big trees and green grass. If you must spend money repave Saguaro Boulevard. 286 If it costs extra money to incorporate then “no”. Leave as stand alone in regards to public art. $2 M seems a lot of money given current budget restraints. Have we looked at what we can do or get done with 750 K.? We need to stop this all or nothing attitude and look at lower cost options to still take care of our town but without the large price tags. I would challenge the bidders with providing lower cost options. 287 New plants in median should fit in the landscape theme that will allow those healthy trees Page 45 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 20 of 28 to remain. It might look odd to incorporate cactus i.e. saguaro with those types of trees. Trees are wonderful at Christmas time when decorated. 288 Walkways on median need to be paved. Area very important to businesses and exhibitors. 289 Never cut down trees. Use deep irrigation to make root go down not sideways. Repair, do not replace irrigation. 290 Be creative! Make it remarkable (something worthy of being remarked about)! Make it something that people will come to Fountain Hills just to see. Instead of adding art, or incorporating art into the design, make the design itself a piece of art! 291 Functional public art is okay, but will cost more. It should not be a replacement for stand- alone pieces. What is meant by “interaction with fountains”? Beautiful fountains can also be considered public art. A public stage or event plaza will not be needed if the Town purchases a mobile stage. 292 The median is a mature focus and as such, should have minimum changes. Trees should remain and grass. It is only due to the ugly empty space on east side that the features are “Lost” if there were attractive structures the median would have a better visual impact. We do not need to spend large sums to redue the median, just maintain what is there cost effectively. May risk a modern eyesore? 293 Remove trees at end of life cycle – do not replace. Like idea of incorporating existing public art * No additional art needed*. Let’s keep additional water features out! The main “fountain” should be the focal point. We don’t need additional water features! 294 Development of the south side of the avenue is the most crucial need to improve the area. The addition of a movie house would be the best development to our Town since we moved here 15 years ago. We feel a focus to that end is primary – other improvements are actually like painting half the house. 295 Seems strange to concentrate on beautifying the Avenue of Fountains without repairing Saguaro Blvd., the main arterial into downtown. With a 12-plex movie theatre proposed to block a view of the Fountain from the Community Center east facing ballrooms, it seems senseless to be concerned with views from the Avenue. Thought there was no money to do ANYTHING in Fountain Hills. Where is the money coming from? It is silly to fix the Avenue for those who spend only a few months here, not spending money to support the town. A survey to find out what businesses would keep residents here in town spending money HERE instead of traveling to nearby towns to buy things would make more sense. Let’s get real! This is a stupid survey and one wonders why we are begin asked these questions rather than questions as to help to get our town healthy financially. How much money did we waste on this dumb survey? Will you report that in Page 46 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 21 of 28 the local newspaper? 296 I think the Avenue of the Fountain should remain a quaint place. I would really like to see public transportation provided on the Avenue and perhaps to other key places in the community. I picture an open vehicle that resembles a trolley to “shuttle” people around the area for shopping and town services, such as the library and Senior center. Of course, an air conditioned vehicle would make a longer shopping season possible. This could be a great business opportunity for someone. It would not necessarily need to be a service provided by the town, but instead in cooperation with the town. I know the town has received funding for public transportation and that options are still being considered. I understand there is a need for transportation to Mayo clinic and other doctor’s offices as well, but I think having constantly running vehicles in the downtown area would be very inviting to people. 297 Existing trees are beautiful and mature. They absorb light and heat instead of throwing it off. Keep it classy, not commercial. Public stage? Far too small an area for that. No ramadas again, throwing off light and heat. Visual mess. Benches are perfect. No restrooms. We don’t want bums and homeless hangouts or the maintenance. 298 Public art is a joke. No logic or theme what so ever. A real miss-mash. Whoever approves these should be shot. If we are going to have “public art”, there should be an overall plan with some logic and agreed to be the community. By the way, who pays for al l of these eyesores? 299 The trees in the median should remain. The shade and greenery provided by the large mature trees is so critical to the character of the avenue. This survey is extremely biased. The small fountains should be replaced with trees and large scale art. No new costly, water wasting fountains are needed. Of course we should provide access for everyone but at what cost? The pedestrians should be directed along the sides of the avenue in front of the businesses, not into the median to bypass the businesses. There are far greater needs in town that would provide far greater benefit. Let’s use this money to improve the pedestrian connectivity throughout downtown. Better pedestrian connections to the park and a rebuild of Saguaro that does not require costly, ugly traffic signals would able a far better use of these funds. Event space throughout the park and or near the library would be much better. Stop looking for projects when you still have not addressed the needs on Saguaro. Again, do not remove these huge old trees. Maybe we should get rid of the senior center and senior living since maybe those they serve have gone beyond their expected lifespan too. Ridiculous! 300 Adding electrical facilities is a good idea to the median; however the event users ought to be responsible for some portion of the cost of the infrastructure as well as the energy usage. 302 During a Farmer’s Market this past April, I was not able to push my husband in a Page 47 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 22 of 28 wheelchair because access to the central median was not consistent. We had to walk in the street during heavy traffic, which was not safe. Please improve access to meet (ADA) guidelines. 303 Spending 2 M on this proposed project is a waste of scarce funds. Making the statement that repairing the existing fountains is not an option; defies logic. They could also be repaired and maintained as required. It appears that the Town Staff (Council?) has decided to proceed with this project without considering what the citizens want! 304 Streets need repair not fountain median. 305 No one comes out at night. – ADA guidelines are ******. There should be minimum renovation. The ****** are trying to justify their fees by satisfying their ideas. Do they live here? Trees need to remain. The greening of the avenue is proceeding—why remove mature trees. They can’t see the forest for the trees. Traffic & parking is a problem now. Jay-walkers pay no attention to moving vehicles. The stage is someone’s ******* - a waste of money just to satisfy a few. A plus would be to lose the grass to save water and deter dog walking. I’m on the avenue for 27 years. No one hangs out here. I know these people and they won’t. Less than ½ of the town use this downtown. Most go to Scottsdale. 306 Christmas displays set at an angle vs. east/west. Give a better visual walking or driving the avenue. How about marking the avenue for 2-lanes of traffic, each way. Cars often drive it in two lanes even when cars pre-parked! Would like to see the tall healthy trees remain. Indicates some maturity to the Town. 307 The addition of beautiful fountains will be public art that is both functional and stand alone. Ask the Public Art committee to help in the selection of them. There is talk of the Town purchasing a portable (mobile) stage. This would eliminate the need for an event plaza. 308 What good does this form do??????You do as you wish anyway. I would like to see the designs of these ideas. Could be good; could be bad. Do not remove trees. The Holiday Inn is an extremely ugly view. Remove the Holiday Inn before you put more junk in there. Public restroom -- ugly not attractive. 309 Public Stage in the park not the median. Trees for shade. Will the Town provide the high maintenance [public restroom] they require? If so, then “YES”. 310 DO Not Cut The Trees Down!!!! They are important for the ecology and wildlife such as hawks, owls and other birds that nest in them!!! They offer shad to a very hot summer months. Please don’t cut them down – it will be such a loss to the Town if old trees are removed. Thank you! Create Balance!!!!! 311 Fountain Hills needs to continue to show a progressive, entertaining, and inviting image. Page 48 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 23 of 28 We really enjoy being a condo owner and winter resident in Fountain Hills. All of the items in this survey are important to maintaining the integrity of Fountain Hills. In addition, we sure hope the theatre plan comes to fruition and should be considered to be incorporated into the median plan for landscaping to make for a complimentary environment for all of downtown. 312 The roads in this town are pathetic. I no longer drive on Saguaro. For 40 years no one thought to budget to replace the roads. This town seems to ignore the basics and continues to build monuments to themselves. The only part that seems to get taken care of is around the town palace. I see the strategy, spend every penny you get on other things and then tell the people their taxes need to be raised because the roads are falling apart. Total fiscal irresponsibility on the part of the towns leaders. 321 Dogs should not be able to go to the bathroom anytime in the median. Public restrooms should be added but not in the median. 322 Native; low H2O. Tress will not block views; plant many. Place seating under trees. Enjoy all the fountains. 323 No funds should be used for the avenue other than safety issues. Any available funds for the avenue should be redirected to repairing Saguaro Boulevard. 324 Smaller sized restroom. Widen the boulevard will make it easier for people to cross the street. 325 Vegetation should be natural desert landscaping that requires a minimum of water and energy. Decorative water fountains are unnecessary and unnecessarily consume water and energy. They should not be included. 326 Take out the median fountains and build one beautiful water feature that is modern looking and also incorporates a large fire place for the cooler weather. Take out all those old, huge trees and all of the grass. Redo the median with xeriscape. Beauty, safety and accessibility should be the focus. Don’t spend much money on the art. Let the landscape be the focus and let the landscape frame the beautiful lake and fountain. The owners of the buildings need some kind of break from the town to improve their façade as Sofritas has; this is the way the downtown should look. The sports bar/Anderson façade is a little to “Scottsdale” looking but can stay because it is beautiful. Design with an upscale new- adobe theme which would set the downtown apart from any other downtown area in the Phoenix Metro valley. Also, make comfortable areas to lounge and drink coffee, read, have a pet (like little covered living rooms outdoors.) Install the dog refuse and water stations as well as drinking fountains. Again, get rid of all those fountains, grass, and large trees. Now is the time to shine and redesign!! Then have a “grand opening” to the new and reborn downtown area. Thank you!!!!!!! Page 49 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 24 of 28 Email received June 5, 2012, requested a correction to this comment regarding the All American Sports Grill. Message stated that the responder meant the Terra Nostra building was too Scottsdale. Stated that the All American building was just right of the décor as well as the Plaza Fountainside and the Strata townhouse complex. 327 While many trees are not low water desert plants, the fact that they are large and provide shade makes them a feature that is hard to replace. Short desert trees with low maintenance, are typically thorny and provide low or little natural shade. The avenue should be reviewed as a true avenue like Mill Avenue in Tempe or some aspects of Old Town Scottsdale. The median is not a true park in nature and should not server the same functions as Fountain Park such as a performance pad. The Fountain Park does not have permanent lighting and if the median on the one sided avenue is expected to get lighting I would think limited low wattage lighting would work or I would not vote for lighting that is always on. Most of these improvements would be acceptable if the avenue was a true avenue and had development on both sides. Lighting up the empty dirt lots wouldn’t make sense, and I look forward to the year we can actually have a full avenue 328 Unless the Avenue does not meet standard codes, there are cross walks at every intersection. Why would you add anything additional like the u-turn which is unnecessary based on the volume of traffic and the fact that there have been no injuries or traffic related fatalities that keep prompting the “safety” issue? Build out the other side of the Avenue and then maybe you may have a case for additional north to south needs. As for the lighting, what are you planning to do at night that would impact the dark skies policy or be safe considering you are asking about the south to north side access. 329 I would like to keep the median as it is. I love the big trees and green grass. I think the condition of the Avenue is in good repair and feel it would be better use of town funds to repair Saguaro Boulevard. I also think restrooms and a stage would detract from the park- like setting. 330 This is disgraceful to consider spending this money on median improvements when Saguaro Blvd needs its improvements. When we voted down the road bond, our town government chastised its citizenry in the newspaper and strategic plan for not investing in the roads. Now we evidently have $2 M available and you, our government, want to allocate it to some other project. You told us that roads were a priority. You are not placing them as a priority. I am extremely disappointed in this misappropriation of funds. Stay focused on our priorities. Put this toward the road fund in order to reduce the amount that is needed through bonds. 331 All trees should stay; beneficial to all of us. Replace non-desert vegetation as it reaches end of life. We do not need more ramadas and stages in downtown. 332 Oleander in median should be removed. Other than the Great Fairs, the Farmer’s Market and a few other median events, the remaining type of events should be held at the Page 50 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 25 of 28 Fountain Lake. 333 1. This poll is an excellent tool; the town needs to develop multiple means of communication to reach all resident demographics. I hope you will publish the completed data from it. 2. Practical PM Methodology teaches repair is always an option. This should apply to the fountains and irrigation. Think like a homeowner is an appropriate guideline. 3. This median is the best grassy pedestrian location in town and that should remain the vision. As such, the trees must be maintained and other work goes around rather that at their expense. Grandfather existing plants through their life cycle then replace with desert appropriate. 4. Incorporate restrooms on the south side of the avenue, not the median. Work with the theater developer for lower cost than stand alone and more practical access. 334 This is a VERY low priority project. The Council felt the ROADS were such an important concern they proposed a BOND issue to address. Well, spending the estimate 2 million dollars on this project is a BAD choice. 2 million dollars would certainly go a long way to address some of the areas on Saguaro Blvd. Please don’t spend money on projects that are NICE and explain that WE DON’T have the money for projects later and YOU need to raise revenue. Focus on the Priorities the NEED funding and not things that a politician can be touted as a something they GOT for us. MAKE decisions like it WAS YOUR money, I would hope at home, you’d decide to repair the driveway before adding a pool in the backyard. 339 The town is reckless in their spending. The roads are atrocious and the Mayor and Town Council need to stop pondering artwork and clean-up the place. You built a palace [needlessly] to pay homage to your egos – the roads look like a third world – stop donating monies to the theatre [B.S.] green projects, etc. This town does not have a tax base [one-yr Scottsdale]. The town needs to save money and stop frivolous spending. My relatives laughed as we drove through the town when they visited on vacation B/C at the road conditions. 345 Don’t trust you not to throw out if you knew who sent this!!!!!! 346 With the tight budget we currently have, many of these expenses seem to be unnecessary. I think some of these funds would be better served to help repair roads. 347 1. Do not remove the trees I the median unless ABSOLUTELY NECESSARY. If removed, replace with other large mature trees. 2. Do not place lights on the median to make it a facility for night activities. We are a dark sky town. Keep us that way. 3. We do not need an events stage in the median. Page 51 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 26 of 28 4. An improved walkway in the median would be good, but it does not need to have a great design built into it. Simple pavers or concrete is good. The fancy design and extra money for the sidewalks on the north side of the Avenue of the Fountains was a waste of time and money. And then shortly after building, we let a private restaurant build a fence into and place tables over this sidewalk which cost a lot of money and replaced a functional sidewalk. Don’t waste more money on anything but the minimum sidewalk needed to carry the pedestrian traffic during the art mart and farmers’ markets. 348 Streets need to be given priority to anything else. 349 Money should be spent on Saguaro – not the median. 350 Monies being allocated for venue spending should be refocused to put towards repaving and rebuilding of Saguaro Boulevard!! 351 I believe street repair and upgrade should be our primary goal. 352 The project should be tabled and other “Maintenance” items reassessed for a better use of the funds. 353 None of the repairs seem needed. The avenue looks good. The money would be better spent on road replacement. Give the 1.8 million to the tax payer. Lower real estate tax by 1.8 million. 354 Spending money that the Town does not have is poor management. Fix the roads first. Balance the budget and use surplus, if any for these projects. 355 Fix the roads! 356 Public Art in the median: Keep them where they are. Plants low-water use: To be determined by cost and health of current plants. Public stage: We have space provided in the park. Public restroom: Maybe off on center of [n-side] – cost and maintenance should be main decision. 357 Safe Pedestrian Access: people will always cross where they are. I prefer shade trees to hardscape (ramadas). I know that the fountains are harder to maintain but the water is a great asset. It is the Avenue of the “Fountains”. A restroom facility with drinking water is a must! Maybe in the second block? A signage kiosk would be nice. Save trees for holiday lights and save room for the poinsettia tree. Page 52 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 27 of 28 Construction timing is critical for existing businesses. We can’t afford to be shutdown during our short “selling” season. 358 1. Please do not turn the median into a commercial venue. Keep it “park-like”. No permanent facilities or stages! 2. Remember – trees have trunks you can see around (unlike bushes). 3. Would it be possible to put the restrooms next to Town Hall? 359 Get rid of the palm trees. Cross walks for pedestrians – nothing more elaborate. 360 The median is not a place for a stage event plaza, a public restrooms or hard roofed shade ramadas. These structures would cause problems with the set-up of the art fairs and the holiday lights. These structures should be incorporated in the development of the south side of the Avenue of the Fountains. 361 1. FOUNTAINS: The existing fountains should be removed. Some new more appropriate fountains that work into a comprehensive plan should be considered but need not be mandatory. The focus fountain is in the lake axial to the design space being considered. That’s what gives its name. 2. IRRIGATION: A new irrigation system needs to be appropriate for the new landscape plan and not just replacing the existing as the questionnaire seemed to imply. 3. PROGRAM: I would recommend a written design program be developed for the space and that program also be presented to the public. What is the space to be used for? What activities will be accommodated? What are the design goals and objectives? What is the project budget? 362 1. Construct fountains that resemble fountains in the area of our sister cities, fountains of our southwest heritage with or without public art. 2. Create a tunnel from ave to park; eliminate a need for pedestrian crossing intersection. 3. Shade structures as we have now and a town gazebo. 4. Landscape, low water, natural desert trees, plants & cacti (some official town trees). 5. Scrape the idea of the 12-screen movie theater and high-rise building. It will not fly. Thanks. 364 It seems you want the trees gone. I agree with having healthy trees, but don’t take them out! 40 year old trees are quite rare and one of the best parts of the avenue. Lights and events held at night: Is this really needed? ADA guidelines: ADA is important but doesn’t seem to be an issue here. Page 53 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 28 of 28 These questions seem to be very biased and leading to the outcome wanted by the person or committee writing the questions. I understand needing to improve or update infrastructure and I am for that. However, not at the expense of the big, beautiful trees. Having trees like these are a true blessing in Arizona. They provide shade, oxygen, and are visually stunning. Please take this into account. Sincerely! 367 There already is a public stage at the northwest corner of the Fountain Park. That’s where the public restroom should be located. Page 54 Ju n e 2 8 , 2 0 1 2 ^^j%.TOWN OF FOUNTAIN HILLS .4 TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/18/2012 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Paul Mood,Development Services Director,PMood@fh.az.gov,480-816-5129 Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Langiucje):CONSIDERATION of Amendment No.I tothe Professional Services Agreement C20I2-133 with .12 Engineering and Environmental Design,LLCforthe Avenue Median Improvements projectintheamountof $199,873.00. Applicant:NA Applicant Contact Information:NA Property Location:Avenue of the Fountains from Saguaro Blvd.toLa Montana Drive Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):On September 11,2012 staff made a presentation ataCouncilwork study session regarding the potential improvements tothe Avenue of the Fountains median.Following the work study staff entered into negotiations with J2 Design and presented a professional services agreement to Council on March 15,2012 for the design of the improvements.Council voted notto approve the design portionof the contract and approved contract C2012-133 in the amount of $19,727.06 fora site inventory and analysis as well as conceptual planning for the median tobe brought back forfuture discussions. J2 Design completed the Site Inventory &Analysis report in June of 2012.This report looked at the existing conditions of the median hardscape,trees &plants,irrigation system,electrical system and fountains.The report also includedthe results and comments from367 residents as partofapublic questionnaire that was made available through avarietyof sources.J2Designput together an initial concept to remediate the median inits current configuration as well as a revitalization concept.J2 Design and staff then met with business owners alongthe Avenue ofthe Fountains and representatives fromthe Chamber of Commerce,Farmers Market,PublicArt Committee,Downtown Greening Committee and the Theater project to get theirinput.From thisinput J2 Design finalized the remediation concept and developed two revitalization concepts that were presentedata public openhouseonSeptember 5th 2012.Theseconceptswerethenpresentedto Council at the September 11,2012 work study. FrominputreceivedbyCouncilatthe September 11,2012 workstudy,staff has negotiated a scope andfee withJ2Design and their subconsultants which provides for design and construction phase services ofthe revitalization concept with shade structures attwo plazas and electrical conduits forfuture pedestrian and accent lighting.This concept will remove existing trees as recommended byacertified arborist as well as trees in direct conflict with major features of the project. Page 1of2 The breakdown ofthe proposed amendment totheoriginal contract includes $158,640 for design phase services,$7,621 allowance for shade structure design and $33,611 for construction phase services. The conceptual construction estimate for the median project is approximately $1,800,000 and includes approximately $170,000 fortwo shade canopies at signature plazas on the east and west medians which will cover approximately 3,000 square feet each. TheTown'sCapital Improvement Plan has $1,800,000 budgeted forplanning,design and construction with S1,000,000 comingfromtheDowntownExciseTaxand $800,000 comingfromthe CIP Fund.The design and construction cost of the median improvements (with shade structures)is approximately $2,000,000.If the Council desires to include shade structures in the project then a budget adjustment is required.The current fund balance of the Downtown Excise Taxis $2,075,000 and maybe allocated forthis project at the Council's discretion. Risk Analysis (options or alternatives withimplications):Not proceeding withthisproject will keep theexisting conditions on the Avenue Median and staff will make an necessary future repairs within budget constraints. Fiscal Impact (initial and ongoing costs;budget status):$199,873.00 for design and construction phase sevices. Budget Reference (page number):274 Funding Source:Multiple Funds If Multiple Funds utilized,listhere:Downtown Fund/CIP Fund Budgeted;ifNo,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):Staff recommends approval of Amendment No.1to the Professional Services Agreement C2012-133 with J2 Engineering and Environmental Design,LLCfor the Avenue Median Improvements. List Attachment(s):Amendment No.1to Professional Services Agreement C2012-133 SUGGESTED MOTION (i,...,<y,u,->.u\u->:CONSIDERATION of Amendment No.1 to the Professional Services Agreement C2012-133 with J2 Engineering and Environmental Design,LLCfor the Avenue Median Improvements project in the amount of $199,873.00. Prepared by: 10/9/2012 10/9/2012 snnetPi BuchananTTown Manager 1( Paae 2 of 2 1837436.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING AND ENVIRONMENTAL DESIGN, L.L.C. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of October 18, 2012, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and J2 Engineering and Environmental Design, L.L.C., an Arizona limited liability corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement dated March 15, 2012, Contract No. C2012-133 (the “Agreement”) for the Consultant to provide professional design services for a master plan for median improvements to the Avenue of the Fountains. B. The Town has determined that it will implement the master plan by moving forward to design of the improvements contemplated by the master plan, which requires additional engineering design and construction phase services (the “Additional Services”). C. The Town and the Consultant desires to enter into this First Amendment to (i) extend the term of the Agreement (ii) modify the Scope of Work to include the Additional Services and (iii) increase the compensation to the Consultant for the Additional Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. The term of the Agreement is hereby extended and shall remain in full force and effect until March 13, 2015, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Scope of Work. Consultant shall provide the Additional Services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Consultant’s total compensation under the Agreement shall be increased by no more than $199,873.00 from $19,727.06 to $219,600.06 as compensation for the Additional Services in accordance with the rates as set forth in the Scope of Work attached hereto as Exhibit A. 1837436.1 2 4. 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. 5. 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. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 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 Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2012, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1837436.1 EXHIBIT A TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING AND ENVIRONMENTAL DESIGN, L.L.C. [Scope of Work and Fees] See following pages. October 1,2012 i m <A Paul Mood,PE Development Services Director Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Re:Avenue of the Fountains Design Services Dear Mr.Mood, J2 Engineering and Environmental Design,LLC (J2)ispleasedtobeselectedtoprovideprofessionaldesignservices for the renovations of the medians of the Avenue of the Fountains for the Townof Fountain Hills.The scope of services andfeesarebaseduponourunderstandingoftheprojectfromourconversationswithyou,Ken Kurth, oursitevisitsto the projectarea,andourmasterplanningeffort.J2 will serveas a primeconsultantforthe projectproviding construction document preparation andpostdesignservices. Project Understanding:TheTownofFountain Hills (TOFH)hasan opportunity toimproveupontheexisting median;landscape,fountains,electricalservice,irrigationandcirculationsalongtheAvenueoftheFountains. Themedianfacilities are near the endof their workable lifecycles,thisalongwith deficiencies incode compliance,arethe underlying focusoftheprojectandtherehabilitationefforts.Itisourunderstandingthat theTown will administer thedesignandbidthe project through thetraditional"design-bid-build"process.Our designeffortand construction documents arescopedtofollowthisapproachforapublicbidandconstructed project.Wealso realize thatthisproject will needtocoordinatedesignwithapotentialmovie theater developmentalongthesouthsideofAvenueoftheFountainsaswellascoordinationwiththe Arizona Department ofWater Resources (ADWR).Ourestimatedlumpsumfee (with theoptional service allowances) forthisprojectisasfollows (see attached fee sheet forbreakdown): AvenueoftheFountainsMedian Design -Design Services Tasks 100,200,and300$158,640 Shade Structure $7,621 Allowance AvenueoftheFountainsMedian Design Post Design Services Task400$33,611 englnoorlng and envlronmonta!design $199,873 WethankyouagainfortheopportunitytobeofservicetotheTownofFountain Hills forthisproject.Weare preparedtobeginworkimmediately.Pleasedonothesitatetocallwithanyquestions. Sincerely, JeffreyM.Engelmann,RLA,ASLA Vice President 4649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 TownofFountain Hills -AvenueoftheFountains-September 24,2012 voice 602.430.2221 fax 602/130^225 Scope of Services Avenue of the Fountains Task 100 Schematic Design (45%) J2will develop initial designs and details toa45%levelof completion alongwith associated opinionof probable costfor submittal to the TOFH for review and comments.J2will submit two (2)fullsize(24"x36")set and two (2)half size (ll"xl7")sets ofbond prints to the TOFH forreview.The TOFH shallbe responsible for reproductions of required additional copies beyond these amounts.Schematic Development planswill show the character andscopeoftheworkto be performed by the contractor(s)ontheproject. The Schematic Development plansare anticipated toinclude,but not limitedto,the following: 1.Schematic Demolition and Removals Plans (lin=40ft scale) 2.Schematic GradingandDrainagePlans,Schematic Coordinate Geometry Plans (Sheets willbe set upbutno informationwillbeplaceduntil the 95%levelof completion),Schematic Hardscape Plans,Details,and Enlargements 3.Schematic Water and Sewer LinePlans,Profiles(if necessary),and Details 4.Schematic Landscape Plans,Details,and Enlargements 5.Schematic Irrigation Plans,Details 6.Schematic LightingPlans and Details(byJ2 sub consultant) 7.Schematic Structural Plans,Details,and Enlargements (byJ2sub consultant) 8.Schematic Water Feature Plans,Details,and Enlargements Generalplanviewsheets will beformattedtolin=20ftscaleand will haveastackedview(unlessnotedotherwiseabove) so that one median ison one sheet;this willallow two (2)sheets per discipline to cover the project improvements. Several enlargements ofkeyareaswillbeformattedto lin=10ft or lin=8ft.Itisanticipatedthat there will be approximatelyseven(7)enlargement areas.J2'sstandardborder sheet will beused.It isanticipatedthat Grading and Drainage,CoordinateGeometry,andHardscapeplaninformationwillbeshownallononeplanview sheet.Itis estimated thatJ2 will beproducingapproximately50to55sheets,exclusive ofsub-consultantsheets,forthissetofconstruction documents. Task 100 Deliverables will include the following: Schematic DesignPlans two (2)Full-size set Schematic DesignPlanstwo(2)Half-size sets Schematic DesignOpinionofProbableCostfour(4)sets GeotechnicalReportfour(4)sets(providedbyJ2sub consultant) One(1)CD with PDF FilesofallDeliverables Task100Meetings:Eachmeetingisexpectedtobetwo(2)hoursinduration inclusive oftraveltime.J2 will havetwo (2) representatives at each meeting. •Project Kick-off,one(1)meeting •Design Meeting,one (1)meeting •SchematicDesign(45%)comment resolutionmeeting,one(1)meeting Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Page 2 Task 200 Pre-Final Construction Documents (95%) Afterreceiving comments fromthe TOFH onthe45%SchematicDevelopmentplansJ2 will develop Pre-Final Construction Documents andDetailstoa95%levelof completion alongwith associated opinion of probable costandSpecificationsfor submittal to the TOFHfor review and comments.J2will submit two (2)fullsize(24"x36")set andtwo(2)half size (Il"xl7")setsofbondprintstothe TOFH forreview.The TOFH shallberesponsibleforreproductionsofrequired additional copies beyond these amounts. Task 200 Deliverables will include the following: Pre-Final Construction Documents,two (2)Full-size set Pre-Final Construction Documents,two (2)Half-size sets Pre-Final Opinion of Probable Cost,four (4)sets Pre-Final Specifications,four(4)sets One(1)CDwithPDFFilesofall Deliverables Task200 Meetings:Each meeting is expected tobetwo(2)hoursin duration inclusiveoftraveltime.J2willhavetwo(2) representatives at each meeting. •Design Meeting,one (1)meeting •Pre-Final Construction Documents (95%)comment resolution meeting,one(1)meeting Task 300Final Construction Documents (BidSet) After receiving comments from TOFH on the 95%Pre-Final Construction Document plans,J2will develop the Final Construction Documents for the plans that have been produced to cover the improvements associated with this project. J2will then submit one (1)sealed andsignedMylar cover sheet for the Final Construction Documents.The remainder of the project construction document sheets willbe provided infullsizePDF format along withfinal associated opinion of probable cost and specifications to TOFH.J2will provide one (1)CD with PDF Filesofall Deliverables.These planswillbe usedtobidthis phase of the project for construction.TOFH shallbe responsible for the reproductions of the bid sets. Task 300 Deliverables will include the following: •One(1)full-size(24by36)mylar cover sheet •One(1)CDwith PDF Filesof the following: o Final Construction Documents Full-size set o Final Construction Documents Half-size set oFinal Opinion of Probable Cost oFinal Specifications Task 400 Construction Observation J2willassist the Town,inalimitedcapacity,during the construction phase by answering contractor's questions,preparing necessary ASI's and attend a set of defined (limited)construction meetings.J2'srolewillbein support to the Town's inspectors whowill perform the daytoday inspections and construction administration. 1.Construction Contract Observation Services •Attend Pre-Construction Meeting;meeting is expected tobe2hoursin duration inclusiveoftraveltime.J2will have two representatives at this meeting. Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Page 3 Respond to RFI,provide ASI,Shop drawing and submittal reviews.Each submittal review shall not exceed two (2) reviews,firstreviewshallbeinitialsubmittal,and second reviewshallbe the re-submittal.Ifadditionalreviews arerequiredbeyondtwothey will beinvoicedonatimeandmaterialsbasis. AttendMonthlyconstructionmeetingsinconjunctionwithSite Visits (6trips)eachtripisexpectedtobefour hoursin duration inclusiveof travel time.J2will have two representatives at this meeting. Special Fountain System Installation Observations (2 Trips)each tripisexpectedtobefourhoursinduration inclusiveof travel time.J2 willhave two representatives at this meeting. Nursery Visit to Tag Plant Materials forthe Project (1 Trip)each tripisexpectedtobefourhoursinduration inclusiveof travel time J2 willhave one representative at this meeting. Miscellaneous On-Call sitevisits(2Trips)eachtripisexpectedtobefourhoursindurationinclusiveoftravel time.J2willhavetwo representatives atthis meeting. Pre-Final Walkthrough (1 Trip)eachtripisexpectedtobefourhoursinduration inclusive oftraveltime.J2 will have four representatives at this meeting. Final Walkthrough(1 Trip)eachtripisexpectedtobefourhoursinduration inclusive oftraveltime.J2 will have four representatives at this meeting. ConstructionobservationwillbeprovidedbyJ2under the limitsdescribedabovewiththeintentofrenderinga professionalopinionregardingthequalityofthecompletedconstructionstrictlylimitedtothe civil,electrical, landscapeandirrigationaspectsofthismedian improvement project.Thistaskshouldnotbeconstruedto warrant the work of any contractor. A.J2 will providetheabovepostdesignservicesinthe following manner: Material testing (gradations,compactions,concretetesting)isnotpartofthis observation contractand shall be provided by the TOFH. Each discipline willreviewandapproveapplicableshopdrawings. Any observation services provided bythe Consultant Project Teamare solely forthepurposeof rendering a professional opinion regarding apparent conformance tocontractrequirements.Consultant doesnotwarrantthe work ofany contractor.Inaccordancewithgenerallyacceptedconstructionpractice,contractorshallbe solely responsibleforalljob site conditions and safety of persons or property. Any observations ofthe work completed are subject tothe following:The observations shall be directly related tothe quality ofthe work performed that such work is in accordance with the requirements ofthe construction documents.The issuanceofapunchlistshallnotbearepresentationthatJ2has: 1.made exhaustive or continuous on-site inspections tocheck the qualityor quantity oftheWork 2.reviewed construction means,methods,techniques,sequences fortheContractor'sownWorkor procedures 3.reviewed copies of requisitions received from Subcontractors and material suppliers and otherdata requestedbytheownertosubstantiatetheContractor'srighttopayment 4.ascertained how,orforwhat purpose,the Contractor hasusedmoney previously paid onaccountofthe Contract Sum Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Pajje'l J2 shail nothavecontrol over or charge ofandshallnotbe responsible for construction means,methods,techniques, sequences or procedures,orfor safety precautions and programs in connection with the Workofeachof the Contractors, since these aresolelythe Contractor's responsibility under the Contract for Construction.The Consultant shallnotbe responsiblefora Contractor's failuretocarryouttheWorkinaccordancewiththerespectiveContractDocuments.The Consultant shall not have control over or charge of acts or omissions of the Contractors,Subcontractors,or their agents or employees,orany other persons performing portions of the Work not directly employed bythe Consultant. 1.J2 will performlimited observations andvisitstothesiteduringoneoftheidentifiedtripsandorsitemeetings perthe"PostDesignManHours"listedintheFeeSchedule. B.The Construction Observation portion ofthis Agreement is based upon the following assumptions,whichare assumed to be reasonable: 1.Maximum contract time of6 months (180 calendar days)for the construction. 2.Reasonable performancesbythe Contractor(s)(ifacontinuouspatternofunacceptableordeceptivework develops,we will recommendtothe Town thattheproject will beshutdowninaccordancewiththewritten specifications). 3.An absence ofclaimsat the close of the project. Ifthese assumptions for construction observation arenotcorrect,orifthe Town feels additional,field timeisneeded beyondthisScopeof Work;suchservicescanbeprovidedonanadditionaltimeandmaterialsbasis. General Understanding TOFH shall designate apersonfortheprojecttoactasthe Client's representative with respecttothe services tobe performed or furnished bythe Design Team underthis agreement.Such person,department,or committee shall have complete authority totransmit Instructions,receive information,interpret,anddefinethe Client's policies and decisions with respect tothe Design Team's services forthe Project.The TOFH shall also provide key team personnel tobe available in coordination meetings including operations andplan review representatives. The TOFH shallmakeavailabletotheDesignTeamexistingavailabledataandrecordsrelevanttothesite that theTown has available. The TOFH shall approve or provided comments,in a timely manner,all criteria and information astothe Client's requirements forthe Project including planning objectives and constraints,performance requirements,any budgetary limitations,andthesubmittalsbythe Design Teamatthe various phasesofthe projects.Itis assumed thatthe TOFH will taketwo weeks (10 working days)to review eachstage submittal and provide comments back tothe consultant within the two week review period. The TOFH shallfurnishtothe Design Team,upontherequestof Design Teamfor performing theservices,any existing pertinent data prepared by others,including electronic base maps,drawings of physical conditions in or relating to existing surface or subsurface utilities or structures within the planning area,hydrographic surveys,environmental or cultural assessments,impact statements,andother relevant environmental or cultural studies pertaining tothe project as the Town has available. Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Pago 5 TheTOFHshallgive prompt notice toDesign Team whenever Client observes or otherwise becomes aware ofany development that affects the scopeof services orthetime schedule oftheDesignTeamin the performance orfurnishing of the required services for the project,orany defect or non-conformance in the Design Team's services or intheworkof any sub-contractor or sub-consultant. The TOFH warrants and represents that members of the Design Team have the rightto enter upon the real property involved herein,and extends this righttoJ2.TheDesignTeam agrees to exercise due care in the performance ofall services pursuant hereto and acknowledges that itisat our ownrisk. TheDesignTeamhas provided no environmental orcultural investigations onthis site/project,hasnoknowledgeofany adverse environmental or cultural conditions on the site/project,andis not responsible forandhasnoliabilityforany such environmental or cultural condition should one be found.Itis the responsibility of the TOFH to investigate andmake these environmental or cultural determinations based on the best knowledge and information available atthetimeofthis project.Clearancetobeginworkshallbegivenpriortodirectingor ordering the preparation ofanyengineering documents. TheDesignTeam provides construction documents infullorin part freehand drafting and electronic CAD format.Any electronicfilesprovidedareforinformationand convenience purposes onlyandthefinal approved/sealed hardcopy plansshallprevail.All construction documents willbe developed tothe TOFH,MaricopaAssociationof Governments (MAG),orArizona Department of Transportation (ADOT)designand construction standards andspecifications. Design Assumptions: 1.TOFH shallprovideall necessary Title Reports totheDesignTeamto establish existingparceldata,rightsof ways,andanyexisting easements that mayexistingwithin the project site. 2.TheDesignTeamhasnotincludedthe development ofany easements,legal descriptions,orexhibits. 3.TheDesign Team hasnot included any re-platting or rezoning efforts inthis scope of services. 4.TheDesignTeamisnotprovidingor producing any environmental orbiological investigations or clearances. 5.Reproduction ofall construction sets shallbepaidbythe TOFH andhavenot been includedinthisscopeor attached fee proposal. 6.TheDesignTeamis not providingany permitting feesforthisproject.All permitting feesshallbepaidforby the TOFH. 7.Thisscopeof services does not includethedesignofanytrafficsignaldesign,construction sequencing,or traffic control plans. 8.No Utility potholinghasbeenincludedinthisscopeofservices.J2 will haveasubconsultantthat will be providingatopographicsurvey that will includeapproximatehorizontallocationsofexistingutilitiesbased on the sub consultant's research.The locations of these utilities are not considered all inclusive or 100% accurate. Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Page 6 9.This Scope ofservicesdoesnotincludethedesignofanybelowgradeorsubmerged irrigation storagesystem orforthedesignofa booster pumpfortheirrigation system. 10.Developmentofphasingplansisnotincludedinthisscopeofservices.Itisassumedthattheproject will bebid as one set of construction documents,under one cover. 11.Atthetimeofthisscopeofservicestheonlybidalternative will betheshadecanopiesoverthecenterwater features.No other bid alternatives will be developed.Ifadditionalbid alternatives are requested bytheTown and repacking oftheconstructiondocument package needsto occur,this additional effort will benegotiatedas a separate scopeandfeeproposalwith the Town. 12.No Architectural Serviceshave been included in the scope of services. 13.NoDrainagereportsormemosareincludedinthisscopeofservices. 14.No StormWater Pollution Prevention (SWPP)planshavebeen included inthisscopeof services.Itisassumed thatthe contractor will prepareandsubmitallnecessary SWPP requirementstobeincompliancewithFederal, State,County,and local requirements. 15.This scopeof services doesnot include Maricopa County Environmental Services Department (MCESD) permitting or approval forthewater features.MCESD permitting and approval shall bebythe TOFH orthe contractor. 16.This scopeof services doesnot include Traffic Control Plans.Traffic Control plans shall bethe responsibility of the TOFH or the Contractor. 17.Public involvement has not been included withthis scope of sen/ices. 18.Any required ADWR permitting processandfees will be handled andpaidbythe Town withJ2 providing exhibitsonlyto supplement the Town's efforts. 19.No separateoneononemeetingshavebeen included inthisscopeof services formeetingwith various user groups suchasthe Chamber of Commerce,Arts Committee,Greening of Downtown,Movie Theater Development,Downtown Business Owners,etc. Wewouldexpecttostartourservicesafterreceiptofthe Notice toProceed.Thisexhibitrepresentstheentire understandingoftheScopeofServicesassetouthereinandmayonlybe modified in writing signedbybothparties. Town of Fountain Hills-Avenue of the Fountains -October 1,2012 Pago 7 10/1/2012 Fee Summary DERIVATION OF COST PROPOSAL:DESIGN SERVICES FOR MEDIAN Avenue of the Fountains _:__Tpwn of FountainJHills J2 Engineering and Environmental Design,LLC Avenue of the Fountains Median Design -Design Services Tasks 100,200,and 300 $158,640 Shade Structure c ah v 7,621 Allowance Avenue of the Fountains MedianDesign Post Design Services Task 400 $33,611 $199,873 DERIVATION OF COST PROPOSAL:DESIGN SERVICES FOR MEDIAN Avenue of the Fountains Design Services Town of Fountain Hills J2 Engineering and Environmental Design,LLC Estimated direct labor and rates ,_.,Estimated Man Classification „ Hours „._..Total (Rounded to Current Rates u-.t-ia.ti i \whole dollar value) Desiqn Manaqer 11 S70.00 $770 Project Enqineer 56 S47.50 $2,660 Enqineer/Desiqner 214 $36.31 $7,770 Senior Project Landscape Architect 89 S51.83 $4,613 Project Landscape Architect 56 $41.38 $2,317 Landscape Desiqner 455 $27.65 $12,581 CADD/Desiqner 335 S32.10 $10,754 Total Hours 1216 Total Direct Labor $41,465 Total Estimated Labor: Overhead @ 139.99%ofDirect Labor $ $ 41,465 58,046 Total Estimated Labor and Overhead:$99,511 r-.,.i n,.r-EstimatedEstimatedDirectExpenses Exoenses Total $ Printinq,Reproduction, Reproqraphics,Supplies Etc.SO.00 Total Direct Expenses Subconsultants:Design Wriqht Engineerinq Ritoch Powell and Associates $ $ 9,936 9,183 RAMM Engineering NFra Nfra (Shade StructuralAllowance) $ $ $ 1,950 28,109 7,621 Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultant Fixed Fee at 10% S S $ 56,799 156,310 9,951 i J2 Engineering and Environmental DesignLLC Total Estimated Cost:$166,261 n.^/j/^//»////*. /<J«5ff Engclmarin,RLA 'Principal Date 10/1/2012 Derivation-Design Fee Schedule for Median Construction Documents 10/1/2012 J2 Engineering and Environmental Design,LLC Task Number 100 Task: Design Manager Projecl Engineer Englnoor/ Designer Sr.Project Landscape Architect Projocl Landscape Architect Landscape Designer CADD/ Designer Total Schematic Design (45%) 101 Project Kick-oH Meeting(1)2 2 Tfio 4 52010145%Schematic OeslRn Plans 10 100 10 20 220 102 Schematic Desien {45%)Cost Estimate.1 1 t 1 l 5 103 Design Meeting (1)2 2 4 "'"4104SchematicDeslRncommentresolutionMeeting22 105 Subconsultant Coordination 8 8 10G QA/QC 4 4 200 Pre-Flnal Construction Documents (95%) 201 95%Pre-final Plans and details 15 1 110 IS 30 220 160 550 202 ~~203 95%Pre-final Cost Estimate.1 1 1 1 5 95%Pre-final Specifications.10 1G 26 204 95%Comment resolution Meeting 2 2 4 205 ""206"" DesignMeeting(1)2 2 4 Subconsultant Coordination 8 8 207 QA/QC A 4 300 Final Construction Documents (Bid Sat) 301 FinalBidset plans anddetails 3 4 3 4 12 12 38 302 Final Quantities and Cost Estimate 1 1 1 1 A 303 Final Specifications 5 8 13 8304SubconsultantCoordination 3 8 305 QA/QC 3 Grand Total Design:11 56 214 89 56 455 335 1216 ManHours Design Fee CD PDv2 DERIVATION OF COST PROPOSAL:POST DESIGN SERVICES FOR MEDIAN Avenue of the Fountains Post Design Town of Fountain Hills J2 Engineering and Environmental Design,LLC Estimated direct labor and rates Total (Rounded to whole dollar value) Classification Estimated Man Hours Current Rates Project Engineer 41 $47.50 $1,948 Enqineer/Designer 43 $36.31 $1,561 Senior Project Landscape Architect 41 $51.83 $2,125 Project Landscape Architect 43 $41.38 $1,779 Landscape Designer 28 $27.65 $774 CADD/Designer 14 $32.10 $449 Total Hours 210 Total Direct Labor $8,637 Estimated Direct Expenses Estimated Expenses Total Estimated Labor:$8,636.80 Overhead @139.99%ofDirectLabor$12,090.66 Total Estimated Labor and Overhead:$20,727.46 Total Printing,Reproduction,Reprographics, Supplies Etc. Subconsultants:Design Wright Engineering Nfra J2 Engineering and Environmental Design LLC Jeff Engefmann,RL Pnncipai /Jfc~£ 10/1/2012 Derivation -Post Design Total Direct Expenses Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultant Fixed Fee at 10% $0.00 Total Estimated Cost:$ Date ' 4,675.00 6,136.00 10,811.00 31,538.46 2,072.75 33,611.20 Fee Schedule for Median Construction Documents 10/1/2012 J2 Engineering and Environmental Design,LLC Task Number Task: Project Engineer Engineer/ Designer Sr.Project Landscape Architect Project Landscape Architect Landscape Designer CADD/ Designer Total 400 Construction Observation 401 Pre-Construction Meeting 2 2 4 402 RFI,ASI,Shop drawing,submittal review 10 15 10 15 10 60 403 Monthly construction meetings/site visit(6 trips)12 12 12 12 48 404 Special Fountain Observations (2Trips)4 4 4 4 16 405 Nursery Visit (1 Trip)4 4 406 Miscellaneous On Call (2 Trips)4 4 4 4 16 407 Pre-Flnal Walkthroujjh (1 Trip)4 4 4 4 16 408 Final Walkthrough (1 Trip)4 4 4 4 16 409 As-built Drafting 1 1 14 14 30 0 Grand Total Design:4143 41 43 28 14 210 Man Hours Post Design Fee CD PDv2 //B06022 ELECTRICAL ENGINEERING &LIGHTING DESIGN October 1,2012 J2 Design 4649 E.Cotton Gin Loop Suite B2 Phoenix,AZ 85040 Re:Avenue of the Fountains Median Improvements Project No.E8504 Electrical Engineering Attn:Aaron Allan,RLA Dear Aaron, Wright Engineering appreciates this opportunity to submit a proposal for electrical engineering services on the above referenced project.The following services will be performed ina professional manner to meet Town of Fountain Hills requirements: Scope of Electrical Engineering Services in the Median: 1.Coordinate design withowner,and/or landscape architect as required. 2.Prepare electrical construction documents according to the J2 scope outline: a.Schematic Design Documents (45%) b.First Final Construction Documents (95%Pre-Final) c.Final Construction Documents Bid Package (100%forbidding) 3.Electrical design toincludelightingfor water fountains,power for event and vendor receptacles,powerforallfountainpump enclosures,electrical service upgrades at each median segment foranallnew system,provisions for accent lighting and futurepathlighting. 4.Provide provisions forfuture power and lightingfor the fountain at Saguaro. 5.Provide electrical provisions fora future street clock. 6.Prepare load calculations and single line diagrams. 7.Prepare necessary elevationviewdetailsoftheelectrical equipment for fountainpowerandelectrical outlets tohelp determine layoutandsize. 8.Prepare system fault current andvoltagedrop calculations as required. 9.Prepare aconduitandwiretableshowingallpower conduits andwirefor equipment. 10.Prepare an engineer's estimate of probable electrical construction costs. 11.Perform in-house QAQC review and modifications. 165EASTCHILTON•CHANDLER,ARIZONA 85225 OFFICE:480-497-5829 FAX:480-497-5807 www.vvrightengr.com 12.The above plans will be provided to J2 Design for submittal review and comment from the Town of Fountain Hills.Submittals will include one full size and one half size set of prints of electrical drawings.Specifications and estimates will be submitted in electronic format. 13.Attend comment resolution meetings at 45%and 95%stages.Review comments,whether internal or municipality,will be responded to and addressed. Construction Phase Engineering and Record Drawing Scope of Services: 1.Attend (1)one Pre-constructionmeeting. 2.Review all electrical equipment submittal packages for conformance to contract documents and provide written itemized submittal review and response letter. 3.Review all RFI's and Change Order requests and provide written itemized review and response letter. 4.Visit the site forupto(4)four inspections of the electrical installation and prepare an inspection report. 5.Prepare Record Drawingsofthe electrical installation based on inspection information as well as contractor's marked up electrical plans. Responsibilities of Others 1.ProvideWright Engineering Corp.electronic base filesinanAutoCAD formatwhich includes all proposed and existing utilities,all proposed improvements,andanyexistingconditionsthataffectthis scope. 2.Wright Engineering will submit plans to landscape architect forsubmittalto the local government agencies for approval and permits. Final Deliverables 1.Uponcompletionofthe design,we will provideone set each of final sealed documents bearing the signature ofa registered electrical engineer inthe State of Arizona. Engineering Fee The above services will be provided as follows: Electrical Engineering Services Median: $9,936.00 (Nine ThousandNineHundred Thirty-Six Dollars Lump Sum) Construction Services Median: $4,675.00 (FourThousandSixHundredSeventy-Five Dollars Lump Sum) Avenue ofthe Fountains Median Page 2of6 October 1,2018 Additional Services Any services not specifically included in the Scope of Services section shall be additional services payable at an hourly fee at the following rates: Principal $130/hour Senior Engineer $115/hour Engineer $105/hour Printing Charges Designer $95/hour Draftsman $85/hour Secretary $45/hour The followingprinting and deliveries are included inthis scope of services: 4 sets of blacklines 4 standard deliveries Additional printing and delivery will be charged as follows: Blacklines $2.00 each Mylar Sepia $18.00 each Delivery Cost cost We will bill youon a monthly basis for these services.Payment terms are Net30 days.This proposal will be validfor the next 90 days.Ifyou have any questions, please contact us at your earliest convenience. I look forward to working withyouonthis project.Please show your acceptance ofthis proposal by signing below and returning one copy formy records. Sincerely, R.Scott Wright,P.E..LC Wright Engineering Corporation Avenue of the Fountains Median Page 3of6 October 1,2018 Town of Fountain Hills Avenuo of the Fountains Electrical Engineering Services Wright Engineering October 1,2011 Appendix 'A' Schedule ofElectrical Engineering Sen/ices Fee TASK DESCRIPTION Principal EE Designer Administrative iTOTAL HOURS Electrical Engineering Services Median 1 Schematic Design Documents (45%)2.00 12.00 6.00 •0.50 20.50 2 First FianI Construclion Documatns (95%Pre-Final)4.00 36.00 16.00 0.50 56.50 3 FianI Construction Documents Bid Package (100%forBidding)2.00 8.00 6.00 0.50 16.50 ESTIMATED HOURS 8.00 56.00 28.00 1.50 Direct Hourly Rate $130.00 $115.00 $75.00 $45.00 LABOR COST $1,040.00 $6,440.00 $2,100.00 $67.50 TOTAL ESTIMATED HOURS 93.50 93.5 TOTAL ESTIMATED LABOR COST $9,648 $9,648 Printing &Delivery $288.00 TOTAL DIRECT LABOR $9,648 TOTAL PROJECT COST $9,936 TASK DESCRIPTION Principal EE Designer Administrative TOTAL HOURS Construction Services Median 4 Bidding Serivces 0.00 6.00 0.00 0.00 6.00 5 Construction Services 2.00 32.00 0.00 1.00 35.00 ESTIMATED HOURS 2.00 38.00 0.00 1.00 Direct Hourly Rate $130.00 $115.00 $75.00 $45.00 LABOR COST $260.00 $4,370.00 $0.00 $45.00 TOTAL ESTIMATED HOURS 41.00 41 TOTAL ESTIMATED LABOR COST $4,675 $4,675 Printing &Delivery TOTAL DIRECT LABOR $4,675 TOTAL PROJECT COST $4,675 September 27,2012 Mr.Aaron Allan,RLA c/o J2 Engineering and Environmental Design,LLC 4649East Cotton Gin Loop Suite B2 Phoenix,Arizona 85040-8885 RLTOCtrl-FOWELL •&.Associates CM!Engineering and Surveying Consultants 3838 N.Central Avenue,Suite 1250 Phoenix,Arizona 85012 o:602.263.1177.f:602.277.6286 wvAV.ritochpowell.corn RE:Avenue of the Fountains Right-of-Way,Utility and Topographic Base Files Dear Aaron: RITOCH-POWELL &Associates (RPA)appreciates the opportunity to provide J2 with topographic survey services for this exciting Fountain Hills enhancement project.Our firms have shared many exciting design project experiences overthepast several years. Our meeting with you in your office provided the background project understanding necessary for us to develop a scope and fee proposal.The attached Scope of Work (SOW)outlines our understanding of the tasks necessary to meet J2's topographic survey requirements and the deliverables our firm will provide.The SOW describes the tasks we discussed with you,project deliverables,explanation of our procedures,identification of responsibilities,and estimated fees for the Avenue of the Fountains Project.Should you have any questions or need additional information concerning the preparation of this proposal,please contact me at 602-263-1177 ext.104,480-204-9318 or fhenderson@ritochpowell.com. We appreciate the opportunity to submit this proposal and look forward to enhancing our long standing relationship with J2. Respectfully, RITOCH-POWELL &Associates FrankHenderson,PE Vice President K:\Proposals\~Public\2012 Proposals\P121XX -Aveofthe Fountains Topo\Draft Docs&Working Files\Ave ofthe Fountain Cover-Scope-Fee V3.docx >?>? Introduction: SCOPE OF WORK RLTOCH-POWELL 8c.Associates Civil Engineeringand Surveying Coniulunlj 3838 N.Central Avenue,Suite 1250 Phoenix,Arizona 85012 o:602.263.1177 »f:602.277.6286 www.ritochpowcll.com Avenue ofthe Fountains,Fountain Hills,Arizona RIGHT-OF-WAY,UTILITY AND TOPOGRAPHIC BASE FILES RITOCH-POWELL &Associates (RPA)proposes to provide engineering and surveying services toJ2 Engineering and Environmental Design,LLC (Client)associated with their Avenue of the Fountains project.This scopeisbasedona meeting atthe Client's office attended by Aaron Allan, Frank Henderson &Jim Crume and subsequent discussions between Client and RPA regarding reduction the project areaand increasing data collection cross section intervals. The project areais shown in a .pdf file entitled Survey Area Revised received by RPA in an e-mail sent by Client on 9/25/12.The project areais generally bounded on (he north by the back of sidewalk north of the west bound Avenue ofthe Fountains,ontheeast by the back of curb west ofthe north-south cross walk west of southbound Saguaro Boulevard,on the south by the back of walk south of the east bound AvenueoftheFountainsandonthewest,25'westthewestcurbreturnsoftheintersectionofAvenueof theFountains with LaMontana Drive; RPA will provide field work to adjoin published Town of Fountain Hills horizontal and vertical control and perform a topographic survey ofthe project area including all hardscape,curb &gutter and pavement collected in 50'crosssectionsformedian areas and 100'crosssectionselsewhere.All trees,"blue-stake" markings and utilities will be located as well.Data will alsobe collected with inverts for manholes and water vaults,as well as,water valve topofnuts.Additional featurestobe collected onthesouthsideof east bound Avenue of the Fountains include transformers andan ADA ramp with attached no park striping.Lastly,data will be collected for a strip 50 feet wide and extending from the back of walk (roughly adjacent to 16872 Avenue ofthe Fountains,Suite 103)north 150 feet into a parking lot. RPA will produce a right-of-way base file utilizing information shown onthe Maricopa County Assessor's Office GIS systemwebsite. RPA will produce a utility base file from utility provided record drawings and visible utility surface features (valves,manholes,equipment pads,etc.)in the project area. RPA will produce a topographic base file of the project area including the above-mentioned features,1' minor/5'major contours and DTM. Deliverables include separatebase files produced in MicroStation (as .dgn files),a DTM produced using InRoads software,an alignment file produced asan .alg file anda .fxf file of all data collection "shots". Fee (Lump Sum):$9,183 K:\Proposals\~Public\2012 Proposals\P121XX-AveoftheFountainsTopo\DraftDocs&Working FilesVAve ofthe Fountain Cover-Scope-Fee V3.dccx 3838 N.Central Ave,Suite 1250 Phoonix,Arizona 85012 P:602-263-1177 F:602-277-6286 C.vl ingineet:r.q .ymi Su'vi^g Cfssii'^nu CONSULTANT:RITOCH-POWELL &Associates PROJECT NAME:J2 -Avenue of the Fountains PROPOSAL NO.Proposal No.P12121 SURVEYING LABOR: CLASSIFICATION ProjectPrincipal Project Manager Senior RLS RLS LSIT Design Engineer/EIT 2-Per.Survey Crew Clerical Total Hours Overhead Rate Fixed Fee MAN HOURS 0 0 0 8 24 24 26 2 84 148.80% 10% DIRECT AND OUTSIDE EXPENSES: Description Unit Personal VehicleMileageMiles Survey VehicleMileage Miles Outside Printing -AT COST estimates only Printing(8-1/2"x11")Each Printing (11'x 17")Each Printing(22"x34")Each Printing (22"x34")mylar Each UtilityMaps Each Recording Fee Each SUBCONSULTANT'S FEE Subconsultant None ALLOWANCES Consultant None TOTALS LABOR RATES 66.30 60.78 49.73 44.20 38.68 34.99 44.20 20.26 None None Jim Crume TroyRay Mark Sandwick John Catt Chuck &TJ Jeannie Thomas Total Direct Labor S Total Labor and Overhead S Net Fee (Subtotal LaborX10%Fixed Fee)S Subtotal Contract Labor $ Unit Rale S 0.445 S 0.445 0.30 0.60 1.25 10.00 100.00 50.00 Quantity 0 $ 210 S Subtotal Direct and Outside Expenses S Task None Subtotal Subconsultants Fee $ Task None Subtotal Allowances $ Subtotal Contract Labor S Subtotal Directand Outside Expenses S Subtotal Subconsultants S Total Contract Fee $ Subtotal Allowances S Total Lump SumContractFee&Allowances"$" K:\Proposals\-PubJic\20l2 Proposats\Pl2l2l -Avoof lne Fountains Tcpo\Ac(m'.n\P1212l FEE.xisx 9/27/2012 LABOR COSTS 353.62 928.25 839.84 1.149.26 40.52 3.311.48 4.861.25 817.27 8,990.00 Tolal Fee Fee 93.00 100.00 193.00 8.990.00 193.00 9,183.00 9,183.00 <T> R-A-M-M RICKER •ATKINSON •McBEE •MORMAN &ASSOCIATES,INC. Geotechnkal Engineering •Construction Materials Testing J2 Design October 5,2011 4649E.CottonGinLoop,SuiteB2, Phoenix,Arizona 85040 Attention:Dean Chambers,RLA,ASLA,email;fdchambers@i2design.us) Re:Proposal for Geotechnical Engineering Services RAMM Proposal No.PG12422 Fountains Project Revised 9-26-12 Avenue of the Fountains Fountain Hills,Arizona Ricker,Atkinson,McBee,Morman &Associates,Inc.is pleased to submit this proposal to conduct Geotechnical Engineering Services for the above-referenced project. If this proposal meets with your approval,please sign,date and return one copy of the enclosed Attachment "A",which outlines project description,our scope ofservices,completion time and fee toperform services. If there are any questions regarding the proposed scope of work,please call.Thank you for considering our firm forthis project. Respectfully submitted, RICKER•ATKINSON •McBEE •MORMAN&ASSOCIATES,INC. Kenneth L.Ricker,P.E. /dlT 2105 SouthHardy Drive,Suite 13,Tempe,AZ 85282-1924 •Telephone (480)921-8100 •Facsimile (480)921-4081 www.rammene.com MCKER .ATKINSON.MCBfiE «MORMAN*ASSOCIATES.INC ATTACHMENT "A"Proposal for Geotechnical Engineering Services For:J2 Design RAMM Proposal No.PG12422 PROJECT:Fountains Project Avenue of the Fountains FountainHills,Arizona DESCRIPTION: The proposed improvements may include four water features,two mechanical areas,future canopies,walls/seating,landscape and hardscape in the median and adjacent street improvements.The project is 1,800 feet long and will be mainly in the existing median area. SCOPE OF SERVICES: 1.Test borings will be performed to determine subsurface conditions and obtain representative samples for laboratory analyses.Two test borings 15 feet in depth are proposed in the median areas,two test borings 3 feet in depth are proposed for adjacent road and one agronomy sample would be obtained.The site will be Blue Staked, traffic control provided and a permit obtained from the Town of Fountain Hills. 2.Laboratory analyses of representative samples will include: MoistureContentandDryDensity Compression Swell MinusNo.200SieveandPlasticityIndex Agronomy Test 3.The field and laboratory data will beused in engineering evaluation and analyses to formulate our geotechnical recommendations. 4.An Engineer's report will be provided presenting the results ofthe field and laboratory testing,and recommendations for foundation support (including footing depth,bearing capacity,and estimated settlement),lateral earth pressures,site grading and preparation procedures,thickness of pavements and results of the Agronomy Tests/ Recommendations. TKINSON*MCBEE •MORMAN &ASSOCIATES.INC ATTACHMENT"A"Proposal for Geoteclinical Engineering Services For:J2 Design RAMM Proposal No.PG12422 PROJECT:FountainsProject Avenue of the Fountains Fountain Hills,Arizona COMPLETION TIME: Final report approximately 2to3 weeks after authorized to proceed. FEE:$1,950.00 The undersigned agrees tothe forgoing Scope and Fee. RICKER•ATKINSON •McBEE•MORMAN &ASSOCIATES,INC. By: ethL.Ricker,P.E.,ProjectEngineer Client: By: Date: 77EastThomas Road,Suile 200;Phoenix,Arizona 85012 •602.277,0967 •Fax:602.277.5937 a transportation engineenng lirm September 26,2012 Aaron Allan,RLA J2 Engineering &Environmental Design 4649E.CottonGinLoop Suite B2 Phoenix,AZ 85040 RE:E8504 Avenue ofthe Fountains Median Improvements Revised Scope ofWorkandFeeProposal Dear Aaron, NFraInc.isverypleasedtobegiventheopportunitytoprovide professional structural engineering servicesfortheAvenueoftheFountainsMedianImprovementsfortheTownofFountainHillsproject. Thescopeofworkandfeesarebaseduponourunderstandingoftheproject from ourmeetingon Friday,September14,2012at J2's office.NFrawillserveasasub-consultantontheprojecttoJ2and will providestructural engineering servicesinaback checking andstructuralcalculationsrole. NFra'sstafflooksforwardtoworkingwithJ2,theTownofFountainHills,andtheFountainHills communityonthisveryexcitingproject.Ifyouhaveanyquestions,pleasefeelfreetocontactmeat (602)443-6066. Sincerely, Randal Weyrauch,P.E. Project Manager L:\Projcct MniingemeniU2 Kngineering\A venueofine Founlains\A;iron Allen 092612 for E8504 •Fountain Hills Rev.doc NFf3 InC.77 East Thomas Road,Suile 200;Phoenix,Arizona 85012 •602.277.0967 •Fax:602.277.5937 a transportation engineering firm SCOPE OF WORK PROJECT LOCATION:TOWN OF FOUNTAIN HILLS PROJECT NAME:AVENUEOFTHE FOUNTAINS MEDIANIMPROVEMENTS PROJECT NO:E8504 A.PROJECT UNDERSTANDING TwomedianislandsalongtheAvenueofthe Fountains roadway between La Montana Driveand Saguaro Boulevard iscurrently landscaped.This project will enhance the existing landscaping by providing vinescreenwallsatentry locations,seating areas,water features,cafetables,shade structures,andopenspaceforspecialeventbooths.J2 will detailthestructurestoalevelwhereNFracancheckthestructuralcomponentsand provide design calculations.J2will incorporate NFra's comments and complete the drawings.Structural services will be required forfour vine screen structures,four art node seating area,twowater features,two equipment enclosures,and shade structures atoneof thewaterfeature (allowance item).Postdesignserviceswillbeaddedasan allowance item. The project willbe constructed using a design,bid,build method of procurement. Construction plans,specification's,and estimates will be prepared using Town of Fountain Hills and MAG standards.ADOT structural standards will beusedif Town of Fountain HillsorMAGstandardsdonotadequatelyaddressaconstructionitem. B.STRUCTURAL TASKS VineScreenEntryStructures:Four vine screen entry structures will be provided,oneat eachendofthetwo existing medians.The design teamwill attempt to layout the structuresfor all fourlocationswiththesamedimensions.NFrawillonlyprovideoneset ofstructural calculations fortheworstcase scenario ifthelayoutsaredifferent. J2:Will provide the initial layouts ofthe structure and will detail the vine screening, plants,sidewalks,decorative paving,andany aesthetics associated withthe structures. NFra:Will prepare structural calculations and construction drawings for beams, columns,and footings forthe columns.Only onesetof calculations and drawings is required. Page1 of4 NFr3 IPC.77 East Thomas Road,Suite 200;Phoenix,Arizona 85012 •602277,0967 •Fax:602.277.5937 a transportation engineenng firm Art Node Seating Areas:Four art node seating areas will be provided,two within each medianlocatedeastandwestoftheproposed water features.J2willlayoutthestructures forallfourlocationswiththesamedimensions.NFrawillonlyprovideonesetof structuralcalculationsfortheworstcasescenarioifthelayoutsare different.Structural calculationsareanticipatedforthescreen wall footingsaroundtheseating areas. J2:Will prepare the construction drawings and specifications for the seating areas and footings,including detailing for the vine screening,plants,sidewalks,decorative paving,seats,andany aesthetics associated withtheseating areas. NFra:Will prepare structural calculations forthe screen wall footings and back check J2's drawings and specifications and provide comments onthe structural detailing. Onlyonesetofcalculationsarerequired. Water Features:Fourwater features willbe provided,oneinthe middle of each median andoneoneachsideofVerdeRiverDrive.NFra'sscopedoesnot include thewater features located on each side of Verde River Drive.For the water features located inthe middle ofthe medians,one will besteppedandtheother includes water fountains with8 pillars.The water features will be designed individually. J2:Will prepare the construction drawings and specifications for both water features, including sidewalks,decorative paving,seating with umbrellas,landscaping and irrigation,mechanical,plumbing,electrical,aesthetics,and all other components of the water feature,exceptthe structural items listedbelowfor NFra. NFra:WillbackcheckJ2's drawings and specifications and provide comments onthe structural detailing ofthe water features.NFra will prepare structural calculations and construction drawings for the 8 pillars surrounding the water feature.NFra will also provide structural calculations on an ALLOWANCE basis for the addition of shade screenstobothwaterfeatures.Theshade screens wouldbeattachedtopillarsandto thewater feature supports. Equipment Enclosures:Two concrete masonry unit enclosures will be provided,one for each water feature.Both enclosures willbe identical.The enclosures willhousethe equipment required to operate and maintain the water features.The top of the walls need toaccommodateameansofattachingashadestructuretoprotectthe equipment. J2:Will provide the initial layouts of the structure and will detail the landscaping and irrigation,sidewalks,decorative paving,andany aesthetics associated with the structures. NFra:Will prepare structural calculations and construction drawings for the two enclosures.Onlyonesetof calculations and drawings is required. Page 2of4 NFra InC.77 East Thomas Road.Suite 200;Phoenix.Arizona 85012 •602.277.0967•Fax:602.277.5937 a transportation engineering firm C.OTHER TASKS Meetings:NFrawillattendtwodesigncoordinationmeetingsattheTownofFountainHills andtwo additional meetingsatJ2'soffice,onerepresentative will attendeach meeting.NFra willattendtwo comment resolutionmeetingsattheTownofFountainHillstoreview, discuss,andresolvecomments.Onerepresentativewillattendthecommentresolution meetingsandthedesignkickoff meeting.Fieldreviewmeetingsarenot included. Submittals:TwosubmittalswillbemadetoJ2fordistributiontoprojectstakeholdersas designprogressesandafinalsubmittalforbidadvertisement.Submittalswillbemadeatthe 45%and95%stageforstakeholderstoreview.Thethirdsubmittal will befinalsealed construction drawingsandfinalsealed structural calculations forbid advertisement.Structural calculationsandconstructiondrawingswillbesubmittedtoJ2inelectronicformat. Constructiondrawingswillbe pdfs savedto24"x36"and 11"x 17".J2willprovidethe bordersheetforplanproduction.J2willreproducethedocumentsanddistributetoproject reviewers at each submittal. Finalstructural calculations andconstructiondrawingswillbesealedbyanArizona RegisteredProfessionalEngineer.Alldrawings will bepreparedinMicroStationV8format. Quantities/Estimates:NFrawillassistJ2in quantifying and estimating construction costsfor the structural components designedbyNFraforthe project. Specifications:NFrawillassistJ2inpreparingspecificationsforthestructuralcomponents oftheproject.MAGspecificationswillbetheprimarysource;however,ADOTspecifications willbereferencedwhereMAG doesn't adequatelyaddressanitem. D.POST DESIGN CONSTRUCTION OBSERVATIONS NFra will provide post design services forthe following items:Attend pre-construction meeting,reviewandapproveshopdrawings,reviewandmake recommendations onrequest forinformationandrequestforclarifications,conductmonthlyfieldvisits,attendfield constructionmeetingsasrequested,attendfinalwalkthrough,andprepare as-builts for drawings NFra prepared. Constructionobservation will beprovidedbyNFraunderthelimitsdescribedabovewiththe intentof rendering a professional opinion regarding thequalityofthe completed construction strictlylimitedtothestructuralaspectsoftheproject.Thistaskshouldnotbeconstruedto warrant the work of any contractor. PostdesignconstructionobservationserviceswillbeattherequestofJ2onanasneeded basisandwillbe billed onatimeandmaterialsbasis.Rateswillbebilledby classification per the attached fee proposal.Post design servicesinexcessofthe hours estimated inthe fee proposalcanbeprovidedonanadditionaltimeandmaterialsbasis. Page3of4 NFra Inc. a transportation engineering firm E.ASSUMPTIONS 77EastThomasRoad,Suite200;Phoonix,Arizona 85012•602.277.0967 •Fax:602.277.5937 1.GeotechnicalinvestigationsandrecommendationsarenotincludedinNFra'sscope, information necessarytocompleteNFra'sscopeofworkwillbeprovidedbyJ2. 2.Topographic surveyisnotincludedinNFra'sscope,information necessary to complete NFra's scopeofworkwillbeprovidedbyJ2.. 3.Electrical,mechanical,landscaping,andirrigationdesignservicesarenotincludedin NFra's scope. 4.Trafficcontrol,maintenanceoftraffic,andlightingdesignservicesarenotincludedin NFra's scope. 5.Drainage,utility,andSWPPPorErosionControldesignservicesarenotincludedin NFra'sscope.UtilitycoordinationandpotholingarenotincludedinNFra'sscope. 6.Reproduction ofall submittal/review sets/bid setswillbemadebyJ2. 7.Mylars,ifneeded,willbeplottedbyJ2usingNFrapdfs. 8.Nofieldreview meetings arerequired. 9.As-builtdataand existing conditions willbe provided toNFrabyJ2. 10.ADOTstructuralspecificationscanbereferencedifMAGspecificationsdonot address a construction item. 11.Water features on each side of Verde River Drive arenot included in NFra's scope. F.COMPENSATION Compensationforthetasksshallnotexceed$28,109.00onalumpsumbasisfordesign services(AttachmentA),$6,136.00 onatimeandmaterialbasisforPostDesignServices (AttachmentB),and $7,621.00 ona lump sumbasisforAllowances(AttachmentC)to designthewaterfeatureshadestructuresunlessotherwiseapproved.Totalfeeforall services is $41,866.00. G.SCHEDULE Notice to Proceed TBD 45%Submittal TBD 95%Submittal TBD Final Sealed Plans TBD BeginConstruction TBD Page4 of 4 77EastThomas Road,Suite200;Phoenix,Arizona 85012•602.277.0967 •Fax:602.277.5937 a transportation engineering firm Attachment A NFra Inc. Client:Town of Fountain Hills Project:AvenueoftheFountainsMedianImprovements E8504 Design Cost Proposal FIGURES ROUNDED TOTHE NEAREST DOLLAR DESIGN (BACK CHECKING /STRUCTURALCALCS/DRAWINGS) ESTIMATED DIRECT LABOR Estimated Avg.Hourly Labor Classification Labor Hours Rate Cost Project Manager 26 $169.00 $4,394 Project Engineer 125 $126.10 $15,763 Technician/Drafter 86 $85.90 $7,387 Secretarial/Clerical 6 $64.90 $389 243 EXPENSES Total Estimated Labor $27,933 ESTIMATED DIRECT E Reproduction/Copying:OUTSIDE VENDOR $0 Deliveries/Messengers $0 Mileage-4Tripsat70Milesand2Trips at 20 Miles x 0.55 $176 Total Estimate Expenses $17$ GRAND TOTALS TOTAL ESTIMATED COST $28,109 Post Design Services $6,136 TOTAL ESTIMATED COST WITH PDS $34,245 flMATEDCOSTI Shade Structures Allowance $7,621 TOTAL ESI A/ITH PDS and ALLOWANCES $41,866 CONSULTANTSIGNATURE ~~DATE 9/25/2012 NFra Inc.77EastThomas Road,Suite 200;Phoenix,Arizona 85012 •602.277.0967 •Fax:602.277.5937 a transportation engineering firm Attachment B NFra Inc. Client:Town of Fountain Hills Project:AvenueoftheFountains Median Improvements E8504 Construction Phase Services Cost Proposal FIGURES ROUNDED TOTHE NEAREST DOLLAR POST DESIGN CONSTRUCTION OBSERVATIONS ESTIMATED DIRECT LABOR Classification Project Manager Project Engineer Technician/Drafter Secretarial/Clerical Estimated Labor Hours 2 39 8 0 49 Avg.Hourly Rate $169.00 $126.10 $85.90 $64.90 Labor Cost $338 $4,918 $687 $0 Total Estimated Labor $5,943 ESTIMATED DIRECT EXPENSES Reproduction/Copying:OUTSIDE VENDOR Deliveries/Messengers Mileage-5Tripsat70Miles x 0.55 Total Estimate Expenses GRAND TOTAL TOTAL ESTIMATED COST F4*c* CONSULTANT SIGNATURE DATE 9/25/2012 $0 $0 $193 $193 $6,136 NFra Inc.77 East Thomas Road,Suite 200;Phoenix,Arizona 85012 •602.277.0967»Fax:602.277.5937 a transportation engineering lirm Attachment C NFra inc. Client:Town of Fountain Hills Project:AvenueoftheFountainsMedianImprovements E8504 Design Cost Proposal (Allowances) FIGURES ROUNDED TOTHE NEAREST DOLLAR DESIGN (ALLOWANCES) ESTIMATED DIRECT LABOR (SHADE STRUCTURES ATWATER FEATURES) Estimated Avg.Hourly Labor Classification LaborHours Rate Cost Project Manager 4 $169.00 $676 Project Engineer 36 $126.10 $4,540 Technician/Drafter 28 $85.90 $2,405 Secretarial/Clerical 0 $64.90 $0 68 Total Estimated Labor $7,621 GRAND TOTAL TOTAL ESTIMATED COST (ALLOWANCES)$7,621 UiA<'cA CONSULTANT SIGNATURE DATE 9/25/2012 Attachment D NFra Inc. Client:Town of Fountain Hills Project:Avenue of the Fountains Median Improvements E8S04 A B C D E F G H I 1 Town of Fountain Hills -Avenue of the Fountains SCALE NO-SHTS.HRS/SHT TOTAL HOURS Proj. Manager Prof. Eng. Tech./ Drafter Sec./ Clerical2 3 Back Checking /Structural Calculations /Drawings 4 Structural General Notes NA 1 6.0 6 0 2 4 0 5 Vine Screen Entry Structures 20 2 20.0 40 0 20 20 0 6 Art Node Seating Areas 20 1 16.0 16 0 8 8 0 7 Stepped Water Feature 20 0 0.0 8 0 8 0 0 8 WaterFeature with Pillars (8)20 2 29.0 58 2 28 28 0 9 Equipment Enclosures 20 2 22.0 44 0 24 20 0 10 Back Checking /Structural Calculations /Drawings Subtotal 8 21.5 172 2 90 80 0 11 12 Other Miscellaneous Items 13 Town of Fountain Hills Meetings -2 NA 5 2 3 0 0 14 J2 Meetings -2 NA 4 2 2 0 0 15 Comment Resolution Meetings-2 NA 7 3 4 0 0 16 Kickoff Meeting NA 3 3 0 0 0 17 Quantities/Estimates NA 12 0 6 6 0 18 Specifications NA 22 2 20 0 0 19 QA/QC (Internal and Subconsultants)NA 6 6 0 0 0 20 General Administration NA 12 6 0 0 6 21 Other Miscellaneous Items Subtotal 71 24 35 6 6 22 23 TOTAL for STRUCTURAL SERVICES 8 243 26 125 86 6 24 'Zi'~'':;ii':Zl'y£"-7^''~-'^"•":>':-";"VfA f.->%^-ix!~'';;.'''''"'iwf.!vl-;:^j.Vs'i-"Jrt,•^'i^K^r^SS ^mM--'.^•&£fc$:S&v;*/Cv-';i:L'w?'-'.•.Vi-x-"^"ia/ir 25 a,^;vv ^i;i?iii-.r^;;^^i?«:;£:i^:K^^F-.^^£-vv-;^;SVv^;:i'-:-"v^^S^iiV>S^'•S^^v.;SS;:^3tf:3???v?"v:*t<*-V '£'};~f--?i^'SvSSS:.S.i:£iS5&»SC--t'7 '.$£t:-~£*'<££''fi '-':':-:l'<."::^C:f''.-'*\~:ji?':~?.£- 26 Post Design Construction Observations 27 Pre-Construction Meeting -1 NA 4 0 A 0 0 28 Shop Drawing Review NA 16 1 13 2 0 29 Review and Respond to RFPs and RFCs NA 10 1 7 2 0 30 Monthly Field Visits /Field Construction M&etinqs -3 NA 9 0 9 0 0 31 Walk Through -1 NA 4 0 4 0 0 32 Preparation of As-Builts NA 6 0 2 4 0 33 Post Design Construction Observations Subtotal 49 2 39 8 0 34 35 TOTAL for POST DESIGN CONSTRUCTION OBSERVATIONS 49 2 39 8 0 38 '?:'-T~."-<T/,'"~.'-^\.'i^~;^y's £&^M '$W*v:-£*UvJt ;.-;^;rj,*.;rV^iv?s»•>7^.S;t?i,;J =•;-''.;:-*iv?&-^4v Sk'~Vr^&i^pr^v.-if-i'iv ^••-•.i./:vv>-.v:,f 37 ^W^S,^^.^&£&''•&?,•/iS^&K::5":v~"'V-i £&^:£%M>"•*?.t'/tv^ri?1?^'"'Ir^is.:?^:^&^^S=£x;^^vS'lr::--£^V/.V-:*^-„.": 38 ALLOWANCES 39 Shade Structures at Water Features 40 Structural Calculations /Details (Stepped Structure)20 2 17 34 2 18 14 0 41 Structural Calculations /Details (Structure with Pillars)20 2 17 34 2 18 14 0 42 Shade Structures at Water Feature (Subtotal)4 17 68 4 35 28 0 43 44 TOTAL for SHADE STRUCTURES (ALLOWANCES)4 68 4 36 28 0 9/25/2012 Estimate of Labor Hours by Sheets