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HomeMy WebLinkAbout2019.0507.TCRM �v'S AIN 0l cio tC� NOTICE OF REGULAR MEETING 3a��,:- FOUNTAIN HILLS TOWN COUNCIL that is AvVI Mayor Ginny Dickey Vice Mayor Art Tolls Councilmember Alan Magazine Councilmember Dennis Brown Councilmember Mike Scharnow Councilmember Sherry Leckrone Councilmember David Spelich TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, MAY 7, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Workshop and/or 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. REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Town Clerk prior to discussion, if possible. REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey 2. INVOCATION — Dean Hosni of the Islamic Speakers Bureau. 3. ROLL CALL — Mayor Ginny Dickey 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A. PROCLAMATION recognizing the week of May 5 — 11, 2019, as National Travel and Tourism Week in Fountain Hills. 5. PRESENTATIONS A. PRESENTATION by Plat 208 Associates on downtown activities. 6. CALL TO THE PUBLIC Pursuant to A.R.S. 38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment(i)must be within the jurisdiction of the Council and(ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"unless the matters are properly noticed for discussion and legal action.At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter, or(iii)ask that the matter be placed on a future Council agenda. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council.All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. APPROVAL OF the minutes of the Town Council Retreat of February 7, 2019; the Joint Meeting with the Salt River Pima-Maricopa Indian Community Tribal Council of February 9, 2019; the Regular Meeting of April 16, 2019; and the Special Meeting (for Executive Session) of April 18, 2019. B. PUBLIC HEARING AND CONSIDERATION OF approving a Liquor License Application submitted by Casey Patrick Grogan, Owner of Fireside Grill, located at 12800 N. Saguaro Boulevard, Fountain Hills, Arizona for a Series 12 License (Restaurant). C. CONSIDERATION OF approving a Special Event Liquor License Application submitted by Saundra McGee, representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, Arizona for the purpose of a fundraiser to be held on October 18, 2019, from 3:00 PM to 12:00 AM. D. CONSIDERATION OF approving a Special Event Liquor License Application submitted by Saundra McGee, representing the Fountain Hills Theater, located at 11445 N. Saguaro TOWN COUNCIL REGULAR MEETING AGENDA MAY7, 2019 PAGE2 Boulevard, Fountain Hills, Arizona for the purpose of a fundraiser to be held on June 10, 2019, from 3:00 PM to 12:00 AM. E. CONSIDERATION OF approving a Special Event Liquor License Application submitted by Saundra McGee, representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, Arizona for the purpose of a fundraiser to be held on September 6, 2019, from 3:00 PM to 12:00 AM. F. CONSIDERATION OF approving a Special Event Liquor License Application submitted by Saundra McGee, representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, Arizona for the purpose of a fundraiser to be held on December 6, 2019, from 3:00 PM to 12:00 AM. G. CONSIDERATION OF approving an Extension of Premises Application submitted by Carolyn Redendo representing Sofrita's located at 16848 E. Avenue of the Fountains, Fountain Hills, Arizona, who will be hosting a beer garden in conjunction with Latino Culture and Cancer Awareness Festival on June 1, 2019. H. CONSIDERATION OF Resolution 2019-03, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 25 (17234 E. Sunscape Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA 2018-23). CONSIDERATION OF Resolution 2019-04, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 25 (17236 E. Sunscape Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA 2018-23). J. CONSIDERATION OF Resolution 2019-05, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 12 (17247 E. Diamante Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA 2018-24). K. CONSIDERATION OF Resolution 2019- 29, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 32 (17328 E. Sunscape Drive), as recorded in Book 561, Page 20 (a two-lot, lot line adjustment re- plat of Book 516, Page 17), records of Maricopa County, Arizona. (EA 2018-25). L. CONSIDERATION OF Resolution 2019-30, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Lot 32A of the re-plat "Final Plat of Block 2, Lots 32A and 32B ... Plat 505-A" (15813 Tepee), as recorded in Book 515, Page 23, records of Maricopa County, Arizona, with stipulations. (EA 2018-12). M. CONSIDERATION OF approving a budget transfer from General Government to Development Services, Building Safety, for building inspections in the amount of$40,000. 8. REGULAR AGENDA A. CONSIDERATION OF Resolution 2019-23 approving the Tentative Budget of the Town for the fiscal year beginning July 1, 2019, and ending June 30, 2020, and setting a hearing date for the Final Budget. TOWN COUNCIL REGULAR MEETING AGENDA MAY 7, 2019 PAGE 3 B. CONSIDERATION OF approving the first amendment to Cooperative Purchasing Agreement C2018-107 with Larry H. Miller Ford for the purpose of one new light duty truck in the amount not to exceed $54,427.97. C. CONSIDERATION OF approving Professional Services Agreement C2019-087 with Montgomery Engineering & Management, L.L.C. for Civil Engineering Services in the amount not to exceed $105,000.00 over the three-year term. D. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item (s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: 10. ADJOURNMENT. AGENDA POSTED: ' 3G' . / � Date E izab9 . Burke, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessi le persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a e sonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. AINb TOWN OF FOUNTAIN HILLS tP TOWN COUNCIL AGENDA ACTION FORM that is 0$ Meeting Date: 5/7/2019 Meeting Type: Regular Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the Town Council Meeting Minutes from the Retreat of February 7, 2019; the Joint Meeting of April 9, 2019; the Regular Meeting of April 16, 2019; and the Special Meeting (for Executive Session)of April 18, 2019. Applicant: NA Applicant Contact Information: NA Owner: N/A Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Budget Reference(page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Minutes of the Retreat of February 7, 2019; the Joint Meeting of April 9, 2019; the Regular Meeting of April 16, 2019; and the Special Meeting (for Executive Session) of April 18, 2019. SUGGESTED MOTION (for council use): MOVE to approve the consent agenda as listed. Prepared by: Approved: Eli abeth A. ke.Town Clerk 4/23 2019 Grady E.Millers pager 4/23/2019 Page 1 of 1 i , TOWN OF FOUNTAIN HILLS MINUTES OF THE RETREAT OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 7, 2019 1. CALL TO ORDER— Mayor Ginny Dickey Mayor Dickey called the retreat of February 7, 2019, to order at 9:10 a.m. 2. ROLL CALL— Mayor Ginny Dickey COUNCILMEMBERS PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis; Councilmembers Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone and David Spelich. COUNCILMEMBERS ABSENT: None. STAFF PRESENT: Town Manager Grady Miller, Town Attorney Aaron D. Arnson, and Town Clerk Elizabeth A. Burke. 3. RETREAT AGENDA ITEMS All Items are listed for discussion only. No Action can or will be taken. The primary purpose of this meeting is to provide the Council with the opportunity for an in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by the consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. A. The Town Manager will provide an overview of the Council Retreat Mr. Miller explained that the retreat is the prelude into the budget season and while there are other items on the agenda, the focus would be on the budget/finance side of things. B. Review of the 2017 Fountain Hills Strategic Plan Mr. Miller said that at the Council meeting the other night the Chairman of the Strategic Planning Advisory Commission (SPAC) mentioned that SPAC had gone through the 2017 Plan and reprioritized all of the tasks. He said that today they wanted to seek Council's input on if they agreed with those reprioritizations. He said that if they do, then they will go back and start working on the implementation. GOAL #1 Maximize Economic Development Opportunities in Fountain Hills OBJECTIVE #1 Create or utilize tools to help market Fountain Hills for Economic Development Opportunities TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 2 Economic Development Director Scott Cooper said that they have begun discussions on branding. They have a new Economic Development Plan and Marketing Plan and will be bringing those to Council within the next few months. He said that this plan will incorporate what has been done in the past and it will be broader so that it is communitywide. He said that they have been working on a new business resource package which should be ready by this summer. He said that it contains materials that are given to prospective businesses, available both digitally and in hard copy, which will be focused on doing business in Fountain Hills. It will include more contacts and be more comprehensive than they have had in the past. Increase funding for business accelerator program. He said that they did get that done this past year, increasing it to $20,000 for this year. He reported that they have three new start-ups in the program and it is off to a good start. Explore Higher Education Opportunities. He said that they have had some outreach, with NAU showing some interest. He has had conversations with Joan Keene and Kristi Farley. They are working hard to grow the NAU system throughout the state. Initially, utilizing their partnerships in town with EVIT, they would provide undergraduate and continuing adult education to meet their needs as well as the Town's. He said that they have also reached out to the community college system in Maricopa County, but have not yet heard much back. With regard to the third party marketing company the Town contracted with, Mr. Cooper said that the contract is halfway through. They were out just before the holidays and spent three days here with staff talking with area businesses, landlords, commercial real estate agents, taking video and pictures and establishing additional marketing material. He said that the pipeline is being built. There has been nothing direct yet, but it is a timely process and they are moving forward. He said that he believes they can move forward without them for the third year now that he has an additional economic development analyst. Vice Mayor Tolis said that he appreciated every effort being made. He wished they had results. He was against it in the beginning. At that time, he stated that he felt that Fountain Hills was what they are and no one was going to change that, but he did appreciate it and hopefully they have gotten some value from it. He was glad to hear they will not be continuing the third year. OBJECTIVE #2 Increase population and residential densities to sustain existing and future commercial businesses in Town Development Services Director Bob Rodgers said that the rezoning of undeveloped commercial property is done on a case-by-case basis ever since Prop 207. He said that the same is true with rezoning of unplatted lands. There is very little unplatted land other than the state trust lands and school properties. Discussion was held on the need to go out to the property owners and developers. Mr. Cooper said that they were able to get out and talk to the commercial representatives, the realtors, and talked to all of them on the larger parcels. He said that they have had success with that resulting in activity and projects moving TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 3 forward currently. He said that they are unable to disclose the specifics at this time, but they will keep the Council informed as it becomes available. Mr. Rodgers agreed that there are three or four good-sized projects in the works, but they do not want it to go public yet. Discussion was held on zoning of properties on Shea. Mr. Rodgers said that they have talked with the property owners of the Fry's Plaza every couple of years for the past ten years. Once they hear the economics involved in making changes, they do not move forward. He said that another restriction on that property is it is controlled by the Eagle Mountain HOA, and they have jurisdiction. Mr. Miller said that staff will come back and give a briefing on some of the other properties, including the old fire station. Discussion was held on the property currently designated as open space. Mr. Rodgers said that the restrictions in calling it open space only exist as long as the Town wants it to be open space. Brief discussion was held on financial incentives that could be offered to property owners. Mr. Miller said that under state law, they are restricted by most incentives. Most of what they have in the "toolbox" has to do with reimbursements with public improvements. OBJECTIVE #3 Market/promote tourism to generate hotel stays and higher dollar expenditures during visits to Fountain Hills Community Services Director Rachael Goodwin said that they continue to work with event organizers. They have brought in some new ones such as the Disc Golf tournaments and have expanded the Turkey Trot, Fourth of July, and St. Patrick's Day events. She said that at this point they are bumping up against available weekends. From now through May they have something every weekend. Mr. Miller said that another event asked about was the Mudder event and staff will be looking into that further. Ms. Goodwin said that they have talked about the pros/cons of weekend events. She said that this last year Phyllis Kern brought forward the Balloon Glow which provided an activity between Christmas and the New Year when visitors were still in town. It was very successful and was a good example of how staff has tried to work with organizers. Discussion was then held on whether Fountain Hills should be marketed as a "destination." Conflicting views were voiced; some residents do not want more traffic in the area while others enjoy increased activities. Mayor Dickey said that the Town incorporated in 1989 and the fountain installed in 1970. They should be looking ahead and start planning something for next fall to commemorate these events. Discussion was held on the different pricing tiers and rates involved when it is a Town-sponsored event or private. Ms. Goodwin said that they have a tiered pricing plan. She said that there are no two events that are exactly alike. They work with TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 4 each event that comes in to help them take advantage of what the Town can do, and what fits best. Vice Mayor Tolis said that Rachael and Grace have done an amazing job with marketing Fountain Hills and it is hard to improve on what is being done. He said that after speaking with Vision Fountain Hills and reviewing the financial needs of the community the public has given them little choice but to promote tourism and destination advertising, to increase the sales tax. If they do not have a vibrant downtown or a park that is the best of the best, the state trust land will never be developed in any capacity. Families are not going to move to Fountain Hills 20 minutes off of Shea and 30 minutes off of working areas and buy affordable housing if they do not have the amenities that families want. Further discussion was held on the need to continue to promote Fountain Hills as a destination and the related issues that causes, such as parking and traffic. It was noted that until the downtown is vibrant other businesses will not come and people will not move to town. Events do affect the bottom line. It was stated that they continue to have this same conversation, but they need a plan. It was noted that SPAC and Vision Fountain Hills are addressing specific action to be taken. GOAL #2 Ensure that infrastructure in Fountain Hills is well- maintained and safe OBJECTIVE #1 Invest in and maintain the community's infrastructure Mr. Miller said that they have a facilities/replacement fund. In 2015 they had a study done and came up with an investment plan. They came up with a pavement analysis update which was completed around December of 2017. The plan identified the needs and recommends an investment of $6 million annually in reconstruction and pavement activities. He said that when the property tax question failed, they heard the public say they wanted to have a say. Staff will later be bringing back to Council consideration of placing a question on the ballot in 2020 for a bonding program. He said that they do not know what the dollar amount will be at this point. Public Works Director Justin Weldy said that they have developed a short-term and long-term sidewalk infill program, which they intend to bring to Council in the near future. He said that it will be part of the Capital Improvements Program. OBJECTIVE #2 Promote environmentally friendly initiatives Mr. Weldy said that they have just given their first draft of this plan into the Town Manager. They will get together after he makes comments and when the final draft is completed they will run it by people with expertise. With the Town Manager's approval, they will bring it forward to Council for adoption. Mr. Weldy said that they have had communication with SRP who offers a program for recharging. It requires a level of voltage that is not currently available at the TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 5 Town Hall Campus. He said that they are working with other manufacturers and SRP to determine if they can use what is existing or if they have to install new infrastructure which would be very expensive. Staff was asked who they anticipate would be using this service. Mr. Weldy said that the public would use it. He said that there are different systems available and they still have more research to do. Mr. Miller said that doing the research does not mean they are going to do it. He said that SPAC had quite a bit of discussion on this item. Councilmember Magazine said that they have to be careful with looking at things that are necessary versus things that they would like to have. Mayor Dickey cautioned staff in the amount of staff used to do an environmental plan. She spoke with the Land Trust and they are open to increased density, and looking to break up the property into smaller pieces. However, there are concerns about doing that possibly leaving some unusable parcels. GOAL #2 Attract Families and Working Professionals to Fountain Hills OBJECTIVE #1 Create or Utilize Tools to Help Market Fountain Hills for Economic Development Opportunities Mr. Cooper said that they have completed a Shop Small Campaign, designing a handout and incorporating local businesses in videos. Ms. Goodwin said that the next two tasks (Expand Use of Social Media and Online Messaging, and Include Family Branding in Marketing Plan) have been combined and they are being worked on together. She said that Grace manages the social media pages and they have also redone the tourism video and pushed that out through social marketing. Vice Mayor Tolis said that he wants this communicated the right way. For many years they have said they want to increase families, but he thinks they have a situation. He said that they should not put themselves in a box that they want the state trust land for family housing; they should look at the highest/best use and open the discussion, while letting the school district know that they believe in strong education. He said that they have great schools in Fountain Hills and affluent people have kids, too. He said that they need to stop talking like they do not have families in town. Lengthy discussion was held on the enrollment numbers in the Fountain Hills Unified School District. It was suggested that they invite the School Superintendent to a meeting or have a joint meeting so they can each understand where the other is coming from. Mr. Cooper said that he started a Young Professionals Group in the summer of 2018 and it is now well underway. He said that they have had regular meetings with the group and several social events. They have formed an organization and have started to run those meetings on their own. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 6 Ms. Goodwin said that their recreation team has brought in as much as they have room for. Over last summer they offered camp, cooking and other issues. She said that someone spoke to her recently stating that the Town does not have many organized sports. She said that there is little league, basketball, soccer, tennis, flag football, active sand volleyball, etc. She said that they do have quite a bit and staff does support them through having fields ready, lined, etc. GOAL #4 Ensure that Fountain Hills Finances are Stable and Sustainable Mr. Rudolphy said that when they go through the financial presentation they will go through it fund by fund and explain it further. Mr. Miller said that they went through a big exercise and every year they look at revenue options. Back in September 2017 the Council came together and determined revenue options they wanted to consider at that time. GOAL #5 Focus on Strengthening the Community and Improving Town's Quality of Life Mr. Cooper said that they do include the School District in all of their marketing tools, and also in the new Economic Development Plan. They also include EVIT as part of that conversation. Mr. Miller said that in the past the Town met with their School District to identify how they could assist with getting their properties sold, but the governing body shut them down as they were not interested. He said that perhaps that could come up again at a future meeting. OJECTIVE #2 Utilize Intergovernmental Relations to Achieve Fountain Hills Priorities Mr. Miller said that they have done a number of things to get the Town positioned regional. Through their work with the League, they got short-term rental legislation dropped. Mayor Dickey said that she is waiting hear the actual restrictions they have for selling the property previously discussed. Mr. Arnson said that he is in the process of researching that further. Vice Mayor Tolis said that if they would pull the notes from the meeting of February 21, 2017, they would find it all laid out—what they can and cannot do, voter approval, when, etc. If it is approved, it goes on the market and proceeds can only be used for certain capital projects. With regard to volunteers, Mr. Miller said that he believed the Town excelled in this area with almost 1,000 volunteers. He said that the Town has a lot of retired executives with all sorts of talents, and they do take advantage of that. Mr. Miller asked if, before the break, there was consensus on the Council for agreement with the re-prioritization of the plan. He said that after today, this would TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 7 come back to the Council for formal adoption and then the SPAC will start moving toward 2020 when they redo a whole new plan. Vice Mayor Tolis asked if it was possible to have a Council discussion specific to this item. He would like to digest what they have discussed and debrief based on the discussions today. He said that after the rest of the retreat discussions they may have a different thought on the prioritization. Councilmember Scharnow said that doing so may also allow enough time for them to have a joint meeting with the School Board. He said that they need to be careful as the School Board is their own entity. As elected officials, they have their expertise on their side; they do not come to the Council asking them to act on issues. He said that they need to be careful on how the broach the subject. A break was taken from 10:45 a.m. to 10:56 a.m. C. Proposed FY2019/20 Budget, Capital Improvement Program, and Five-year Financial Forecast Finance Director Craig Rudolphy then began a PowerPoint presentation which addressed: TODAY'S AGENDA FINANCIAL POLICIES FUND BALANCES Mr. Rudolphy explained that the Rainy Day fund is a policy adopted by Council, to have 20% of the average General Fund revenues for the last five years. He said that the General Fund was uncommitted, unrestricted funds, and the number shown is what remains after everything else is accounted for. Mr. Miller added that most cities/towns have their Rainy Day Fund included in the General Fund. Mr. Rudolphy said that the use of the Rainy Day Fund is very specific, such as a Governor-declared emergency, or an unanticipated event. They cannot tap into it just because they are short on funds. Mr. Miller noted that if funds are used for something like a natural disaster, they have to be paid back within five years. Mr. Rudolphy said that the number shown in the fund is as of December 31, 2018, and it fluctuates on a daily basis. He said that they may be looking at a debt package in the future and rating companies will look at these funds. He added that any surplus money over the policy amount is put back into the capital fund. Last year that amount was around $1.6 million. PUBLIC ART FUND VEHICLE REPLACEMENT FUND HIGHWAY USER REVENUE FUND (HURF) This fund is legally restricted for use on highways and street purposes. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 8 SPECIAL REVENUE FUNDS ENVIRONMENTAL FUND COTTONWOODS MAINTENANCE DISTRICT FUND Mr. Rudolphy said that these funds are levied to the 59 property owners in that area and are used for maintaining their wall and landscaping. DOWNTOWN STRATEGY FUND He said that this fund was created by the Council ten years ago to make improvements to the downtown area. It was used to provide for the rehab of the linear park on Avenue of the Fountains. He said that this fund generates under $100,000 each year. Mr. Rudolphy said that the Town's sales tax rate is 2.6%. The Council adopted a policy that says that 1/10 of 1%, (.1%) is pulled off the top and of that amount 80% goes into the Economic Development Fund and 20% goes into the Downtown Strategy Fund. DEBT SERVICE CAPITAL PROJECTS FACILITIES REPLACEMENT FUND DEVELOPMENT FEES Mr. Rudolphy said that these are legally restricted funds that may only be used for projects related to growth. He said that the Town currently has a Development Impact Fee Study going on. The intent is to look at the current development fees. The consultant is saying it will be December before they will be able to adjust their development fees. Mr. Rudolphy said, with regard to the Facilities Replacement Fund, that the Town has a 30-year study with big items coming up such as a lake liner for $3 million. If they raided those funds, they would not have anything left with which to fix it. He said that 50% of the construction sales tax goes in there, but that is not adequate to fund the Town's needs. Mr. Miller said that when they go through the budget process, they will go through the replacement items so they can see that there has been a lot of deferral because they do not have the resources and they are trying to extend the life of them. Councilmember Magazine said that is where the problem lies and he thinks that is why the property tax did not pass. If those funds get depleted then they can run into serious problems. Mayor Dickey said that it was like having a mortgage in escrow. They have to be prudent with their money. Mr. Rudolphy said that the Facilities Replacement Fund (FRF) Study was done in 2015 and it was recommended that they put $900,000 a year into the FRF, but that has not been happening. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 9 Vice Mayor Tolis asked where funds would go if they were to sell the property on Shea and the old fire station property. Mr. Miller said that funds from selling the fire station property was slated to go back into the capital fund. He said that the Shea property is a policy decision for Council. Staff would like to use that money for one- time types of uses. DEBT SERVICE OUTSTANDING BONDS Mr. Rudolphy said that one of the GO (General Obligation) bonds will be paid off in July 2019. CURRENT FY18/19 BUDGET BY CORE SERVICES —ALL FUNDS REVENUES Mr. Rudolphy said that the actual revenues this year are 4.5% higher than last year's. Mr. Miller said that some of the revenues are seasonal while others are known ahead of time, such as state shared revenue and income taxes. EXPENDITURES ASSUMPTIONS Councilmember Magazine asked if MCSO had an escape clause. Mr. Miller said that both MCSO and the Town do. He said that it has been about 18 months since numbers were revised on what it would cost to take back law enforcement in- house. He said that at that time it was close to $5 million, but staff will get those numbers revised and bring it back to Council within the next few weeks. POTENTIAL FUTURE DEVELOPMENT Mr. Rudolphy said that the red numbers indicated on this slide are those included in the revenue projects. The ones without a red number they do not have a good feel for timing of them. FY19-20 BUDGET ASSUMPTIONS Mr. Rudolphy said that he has heard in the legislative update calls that there may be a bill introduced to look at the construction sales tax. That is a complicated issue and he hoped it did not get done. Additionally, the impact of PSPRS on the MCSO is still an unknown. He said that another issue is Prop 126 which prevents cities and towns from taxing services, but it is not clear what "services" is. There have been several towns that have filed suits to challenge that. He said that based on what is being presented today, there have been no service level changes. He said that .4% was the Town's slice of the pie from the state. He said that has come down from a few years ago when it was .5% and it may end up being around .3% this year. Mr. Miller said the big thing that will affect this is the estimated populations. Going into the next census, those communities experiencing the real TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 10 growth will be getting a larger slice of the pie, which means that the Town's will be reduced. BUDGET BY CORE SERVICES Special Revenue Funds Mr. Rudolphy said that this number includes the Streets Fund. They have been behind in doing pavement maintenance and the project has not been completed this year. With an upcoming $3 million project, it will go down to around $3 million. FIVE YEAR FINANCIAL FORECAST Mr. Rudolphy said that in 2013 Council indicated that 100% of the proceeds from VLT should go into the Streets Fund for pavement purposes. They have been doing that since that time. In anticipation of the upcoming shortfalls, staff is suggesting that they send 70% to the Street Fund and retain 30% in the General Fund, which would equate to approximately $300,000 a year. Mr. Miller said that in most cities in Arizona, the state shared revenues is typically just put in the General Fund. At the time the Council made that decision it was a good one, but with facing the shortfall next year, it would make sense to consider keeping some of it in the General Fund. He said that the chart represents $300,000 going into the General Fund, no increases in staff and no increases in service. He said that this really will not impact streets because in one more year they will have the debt services paid which is around $300,000 a year so that amount would then be available in that fund. Discussion was held on doing another bond issue after the current bonds are retired. Mr. Miller said that there are differing opinions on what should be covered with a new bond issue, but it can only be for mill/overlay and capital and that is really all they would want to do. They would not want to put maintenance on "the credit card." Mr. Rudolphy said that those are just the General Funds. If they issued $8 million over time the residents would pay taxes, and they would repay the bonds with no impact on the General Fund. He said that the other funds are controlled by their fund balance; once they spend the balance, it is gone. Mr. Miller said that if the Council decided to proceed with bonding for streets, which is normal to bond every so often, then that money that is currently going into the General Fund to support streets would go into that fund. That way, everyone is sharing the upkeep of the streets. Mr. Miller said that what streets has in the Streets Fund is doing more in the way of maintenance. He said that the same firm that did an excellent job with the study is working on a $8 million package to identify what would be sent to the voters. He said that their concept is to preserve what they can with arterials with a triage approach and let the lowers go, those that do not have high of volume, and then those could go into the bond project. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 11 Mr. Rudolphy said that if they took the graph and put it into numbers, they would see that the numbers have already changed. As of 3:00 p.m. yesterday, the number was $138,000 and that would reduce the shortfall by that amount. He said that it is a work in progress. The big unknown is the estimates from the League for state shared revenues and the charges from MCSO. GENERAL FUND PROJECTIONS Mr. Rudolphy said that just in the General Fund, revenues and expenditures are rising. He said that assumptions made on sales tax is more of an art than a science. Councilmember Magazine said that it shows to him that an increase in population does not help. Mr. Rudolphy said that to generate $44,000 in sales tax revenue, they would need to generate another $1 million. HURF PERSONNEL 57 FTEs Mr. Rudolphy said that they currently have 57 FTE's (full time equivalents). Most of them are offset with a revenue source other than a Procurement Officer. Mayor Dickey said that she believed that they needed to look at an additional code enforcement officer. She said that a lot of what they have been doing has to do with quality of life. Councilmember Magazine agreed. Councilmember Scharnow agreed as well, and suggested that they also empower other town employees to help with these efforts. Mr. Miller said that they could look into that, such as with public works. Mayor Dickey said that the phone does not always get answered; it would be nice to have an answering machine that acknowledges the calls. Councilmember Magazine said that this is the single biggest issue in town — communicating with the public. He said that they have no one that can put out information accurately. Perhaps they could use a volunteer or have a public information officer. CAPITAL PROJECTS OVERVIEW Five different ways of spending money: 1. Operational Capital 2. Vehicle Replacement 3. Facilities Replacement 4. Pavement Management Plan 5. Capital Improvement Projects FY18-19 CAPITAL PROJECTS STATUS Mr. Miller said that on those projects that were deferred, the expenditure authority was used on the Golden Eagle Park improvements. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 12 Mayor Dickey asked if the amounts shown for the Fountain Hills Shoulder Paving project reflected the $300,000 from MAG; she believed that it did. Councilmember Scharnow asked if the Civic Center Improvements of $150,000 was for the carpet at Town Hall. Mr. Miller replied that it was for the concrete replacement. Staff then began review of the projects being proposed for FY19-20. Brief discussion was held on the traffic signal at Copperwynd. Mr. Miller said that monies were paid into that signal, but the traffic study showed that the traffic counts would not warrant a signal until Phase 3. A brief lunch break was taken from 12:28 p.m. to 12:39 p.m. FINANCIAL CHALLENGES Mr. Miller said that there is a bill being proposed to increase the gas tax $.25 over three years. It would generate $1 billion and a portion of that would be distributed back to the cities/towns. Mayor Dickey asked why the Town does not do more contracting with the private sector. Mr. Rudolphy said that typically the private sector has more drivers of their costs. He said that at the time of contracting it makes sense, or when they are struggling to maintain a level of service, over time they really lose any benefit. Mayor Dickey noted that in next year's budget they have approximately 60% of their costs that are contracted. Mr. Miller said that a vast majority of that is public safety. In regard to other contracted services, Mr. Miller said that while it may be a cost savings at a specific point in time, the quality of service may decline over which the Town has very little control. Mr. Rudolphy said that there is a structural issue with the Town that needs to be addressed, and it is more of a revenue issue than an expenditure issue. He said that costs are rising faster than revenues and any further cuts in expenditures will mean a reduction in level of service. POSSIBLE REVENUE OPTIONS TO ADDRESS FINANCIAL CHALLENGES SALES TAX Mr. Miller said that Prop. 126 addresses the ability to tax services. Mesa, Tempe and Flagstaff have sued the state to have the court determine what that actually means. PRIMARY PROPERTY TAX PUBLIC SAFETY FEE Councilmember Scharnow asked if this would be similar to the environmental fee, per parcel. Mr. Rudolphy said that would be up to the Town Council. He personally TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 13 does not like the per parcel because they still have some residents with a detached garage for which the County bills them for each. He said that they have attempted to eliminate that, but every year they get some that are missed or new ones. He said that it cannot be based on the size of the property or its value. Mr. Rudolphy said that there has been some question of whether they could utilize the water or sewer district billing to bill per household. Mr. Miller said that collection then becomes an issue. Mr. Rudolphy said that they have talked about partnering with another entity and have the Town help with administrative fees. He said that the Town does not have the staffing or machinery to address 15,000 bills. Councilmember Scharnow said that if they are going to have any type of increased fee, a public safety fee is an easier sell. Vice Mayor Tolis said that they are continuously talking about revenue issues. He thinks they made a mistake in how high of a primary property tax they were going after. He asked if there is any thought on presenting a smaller property tax. Mayor Dickey said that she has given that a lot of though. It is something that needs to be a group effort and the community would need to be on board with it. Vice Mayor Tolis said that if they are not going to go forward with a propertry tax, then they really need to start thinking bigger. He asked how much could be generated by a rental tax. He said that they keep talking, but they need an action plan. Councilmember Spelich said that it is absolutely insane for the Town to consider a primary property tax again. It was not voted down by a slim margin. It is clear that the residents do not want a primary property tax. It was too high of an asking and poorly communicated. He said that he sits on the Council today because of it. He said that he visited 2,200 houses during the campaign and they were all against it. He said that he and Gerry Friedel worked together on a proposal, which had two options, but at the time he did not know they could not base a fee on property values. They were proposing a Fountain Hills Infrastructure and Maintenance Fee. He said that it would be for infrastructure and Town maintained roads, not for studies, artwork, etc. They would collect it over a four-year period with a start and end date, in the amount of $350 for each household, $400 for commercial. After the first year the fee would go down $50, $300 for residential and $350 for commercial, and so on. He said that this would generate $18 million in three years and the environmental fee would go away. It is less than one-half of what the property tax would have cost. From this fee they would hire a full-time staff member, or 1.5 staff, to collect the fee and the necessary software. He said that these fees are flexible; they could try a different number as well as a different amount of time. He does not claim to be a financial expert, but in four years they can address the needs again at that time. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 14 He said that he picked the six most negative people he could find and ran it by them. Not one of them was opposed to it. He believes that people will pay if they know what they are paying for. Councilmember Magazine thanked Councilmember Spelich for giving this issue so much thought. He asked if the six that he asked had different home values as he is concerned with the inequity. Vice Mayor Tolis said that he did a great job with coming up with something. It is a discussion and this is exactly what he hoped would happen. He also does not want to go after a property tax again, but they have to solve the problem. He said that another alternative that he believes should be considered is to bond for a larger amount and extend the time longer. Councilmember Scharnow said that he agreed, but the problem is still there at the end of year four with the fee. Councilmember Brown said that they did not draw the $7 million tax number out of someone's pocket. The $7 million was still falling short over a ten-year period. The idea is great, but it is a band aid compared to what they need to keep the Town alive. He said that is his concern. He said that last time he was saying $9 million for the tax because that was a break-even point for the Town. As they have talked in previous councils, they have to be the ones with broad enough shoulders to do this. Councilmember Spelich said that if he is bleeding, he will take a band aid. He said that they need to implement something instead of continuing to talk. Councilmember Spelich said that there was no more of a wake-up call than when Grady suggested that the new Council meet with department heads. When he sat down and saw their passion, many doing two or three jobs, he could see that the Town is operating with a minimal amount of staff. They cannot cut anymore. He said that they need to decide what they are going to do and each one of them go out and sell it. Staff was asked to provide some reports on bonding $20 million over a 20-year period. Mr. Miller said that based on the discussion, they could bring that information back when they do the CIP meeting. He said that he tends to think that residents here like bite-size changes, but he will come up with these numbers. Mr. Miller said that staff has some recommendations which they would like to go through. ENVIRONMENTAL FEE Mr. Rudolphy said that to cover the full cost of the service paid for by this fee, it would need to be raised to $62.50. Councilmember Spelich said that when they proposed the $350 Infrastructure and Maintenance Fee, that was also doing away with the Environmental Fee altogether. It was noted that the Town does not have a legal standing like other creditors with the environmental fee as Legal advised that they have no statutory authority to file a lien if it is not paid. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 15 FRANCHISE FEE — EPCOR AND SOUTHWEST GAS Mr. Rudolphy said that this would generate about $200,000 annually. Mr. Miller added that most cities/towns charge a franchise fee to use the Town's rights-of- way. TPT AUDITOR Mr. Rudolphy said that another option is to continue to engage the TPT auditor to pursue residential rental taxes from rental properties. He said that because of specific schedules, they will not be able to do anything with development impact fees until January or February, once the study is completed. They have also been approached to buy the land and cell towers. This would be a one-time payment for a perpetual license for ownership or some term of 15-20 years. Additionally, they could sell or lease excess land. There has also been some discussion of adding an administrative fee to the solid waste collection billing done by Republic Services of one dollar a month, which would equate to approximately $100,000 a year. They could also adopt a license fee for any operators in town. POSSIBLE EXPENDITURE OPTIONS SUMMARY OF REVENUE OTPIONS RECOMMENDATIONS Mr. Miller said that despite not wanting to raise the sales tax, it is one of the easiest ways of implementing a new revenue source. The amount is not going to solve the issue long-term, but it would get them the next five years until they can figure out a sustainable source. Mr. Rudolphy said that several years ago the Legislature passed a bill that if a Town is going to change fees, notice has to be posted 60 days in advance of a public hearing, a public hearing is held, and then the Council can take action. He said that if Council supports this, they would come back in March with further information. After further discussion was held, Mr. Miller said that they would come back at a later date and consider some of these options. D. Discussion of Council Rules of Procedure (including Boards/Commissions) Town Clerk Elizabeth Burke reviewed proposed changes to the Council's Rules of Procedure. She said that most of them were more for housekeeping purposes, but a few changes were being suggested to clarify issues. She then reviewed the following: Proposed Amendments: 2.3 Consent Agenda — removes roll call vote TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 16 5.2 Amendments Mayor's Report to be: Reports by Mayor, Councilmembers and Town Manager Removes Reports at the end of the meeting Public Hearings opened at the beginning of item 9.1 Updates listing of boards/commissions 9.2 Centralizes membership records, advertising and receipt of applications with Town Clerk Clarifies post appointment process Council agreed with the proposed changes. Brief discussion was held on whether commission members should be registered voters in Town. No consensus was reached on this item. Ms. Burke said that she would bring these back to a future meeting for formal adoption. E. Discussion: Special Event Liquor Licenses Community Services Director Rachael Goodwin reviewed the current process used for special event liquor license applications, and presented some of the pros and cons. She said that there has been some question on whether these should be approved administratively to speed up the process and not have to bring them before Council. Councilmember Brown said that in the ten years he has been on the Council he has seen maybe one pulled from the consent agenda. Mr. Miller said he believed that having these approved administratively in the large city made sense, but he believed that in Fountain Hills it has been working fine. She said that this way there are a lot of eyes on the applications and it keeps the Council aware of activities going on. After further discussion, consensus of Council was to leave them on the consent agenda. ii. Hillside Protection Easement Mr. Miller said that staff was needing some direction from Council and he has Development Services Director Bob Rodgers to review the issue. Mr. Rodgers said that Hillside Protection Easements (HPE) have been created differently over time. When a development came into Town one of the conditions was to protect the hillside areas. First it was slopes of 10% or greater, then 15%, and now it is 20%. Recently two lots in Diamante Del Lago were granted HPE abandonments. This would not normally be of concern except that the HPE's that were established in Diamante Del Lago were created specifically because the original developer did not have enough open space areas to dedicate in order to get the density he wanted. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 17 Staff has generally processed requests from property owners for abandonment of HPE areas on their property on a case-by-case basis.This process has always required Council approval and has on numerous occasions required that the property owner pay $10/sq. ft. for the area of the HPE being abandoned. This is the same amount that would be assessed to a property owner who had illegally disturbed the HPE area. However, in such a case the property owner would also be required to revegetate the disturbed area. Within the last few years the $10./sq. ft. fee has not been assessed, primarily due to staff turnover and no written procedure to follow. Since the second HPE was abandoned in Diamonte Del Lago, the residents in that development have been discussing on social media having all their HPE's abandoned. This has led to an influx of applications (six currently in the queue)which seems to be in direct opposition to the original intent of the development's approval. There are other residential developments with similar requirements, but this one is currently the most pressing. Development Services has placed a temporary hold on processing HPE abandonments until staff and Council can verify what the Council's policy is currently regarding such requests. Staff is requesting Council's thoughts on HPE abandonments in general, abandonments of HPE's that were created as a condition of the development's approval, and assessing a fee of$190 (or more) per square foot of easement area being abandoned. Councilmember Brown said that the property owner is paying tax on the entire lot. They have already paid for the lot once, and asked why they should have to pay for it again. He said that they need to think this through, especially on any unplatted land, such as the state trust land. Mr. Rodgers said that now if they rezone the state trust land anything less than 10,000 sq. ft. would not be required. Councilmember Spelich was concerned with two property owners who have already received the abandonment and not paid anything. Mr. Miller noted that going back in time, they have charged people in the past. Mr. Rodgers added that this would affect property all over town. Councilmember Leckrone said that there is something about asking someone to pay so she will vote a certain way that bothers her. She said that she tends to agree with Councilmember Brown. Councilmember Scharnow asked if they charge for the process itself. Mr. Rodgers replied that they did pay an application fee. Mayor Dickey asked what the property owner thought when they bought the lot and if they knew that the development would not have been there without them. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 18 After further discussion, staff was asked for their thoughts. Mr. Rodgers said that he feels they have served their purpose; to continue to require them seems counterproductive. He said that they do not have that many areas that need them anymore and those that have come in for abandonments have gotten them, so he questions the point of them. Staff was directed to put this item on the agenda to vote to eliminate them altogether and not process any more that come in until Council takes action. A break was held from 2:27 p.m. to 2:37 p.m. Party Nuisance Ordinance Mr. Miller said that they wanted to have a discussion on the party nuisance ordinance. Back on June 19, 2018, the Council adopted Ordinance 18-09 after receiving six months of complaints about party houses, and after researching other communities such as Tempe, Tucson and Flagstaff. He said that as part of that, there was to be a six-month review. Staff originally met with Hank, and now Larry, has helped with MCSO. He said that they met with the prosecutor to get more insight on how the prosecution of this has worked. He said that he did believe they have made some adjustments. From MCSO's standpoint, they were concerned with the direction they received from the County Attorney's Office. Additionally, when the ordinance was adopted they originally had wording that discussed a gathering of ten or more, but it was changed to one of more, which the County Attorney believed did not meet the definition of reasonableness. Captain Kratzer said that one resident had 15 calls, and 8 reports or supplementation reports. One of the issues they ran into was the caller wanting to remain anonymous. Mr. Miller said that one of the things they found was there was inconsistent enforcement, with having deputies being reassigned, and them not being aware of this and then not having standardized list of questions to ask. He said that Captain Kratzer came up with a "script" as part of the going forward the officers will be trained to ask the right questions. He said that the noise ordinance does talk about decibel limits and they do have the required equipment to monitor it. He said that when the officer goes out they need to get a specific reading and provide a good report, a good interview with the complainant, the violator, etc. asking what the gathering is, number of attendees, etc. Mr. Miller said that they have asked them to do this, even if it may be a zoning violation. He said that homes rented out as a function space is prohibited, so at least this gets it documented with the MCSO and it can then be turned over to zoning compliance. TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 19 Mr. Arnson said that it is clear from their discussions that there are adjustments to be made. He said that he has discussed this with Councilmember Leckrone and they want to be sure they are addressing the constitutionality of the statute, identifying what conduct is and is not prohibited. He said that there are various statutes that already address some of the issues such as the County's noise ordinance, the liquor board regulating the sale of alcohol. One potential issue is that Representative Kavanagh intends to introduce a bill that permits cities and towns to have TPT licenses on online, short-term rentals that could be revoked. Mr. Miller said that they will be coming back in a few meetings with recommended language changes. Councilmember Spelich questioned why they were even addressing the issue if it is already covered in the noise ordinances, in hearing what Mr. Arnson has said. Mayor Dickey said that if someone has a business out of their home, there are laws about how many cars can come and go. She asked if that would not apply to this. Mr. Miller said that it is not defined as a business. They are not allowed to have any function space in a residential zone. He said that they have written a violation to the property owner for them renting out their home for a wedding. F. Summary of Council discussions by the Town Manager G.* Discussion of Pedestrian Safety. Mr. Miller said that he and the Mayor were just talking about this issue. They have had some unfortunate situations and they are trying to address the issue with pedestrian and traffic safety. We said that they are not going to get into it today; they will be coming back with some recommendations. He said that he would like to have the Mayor and one or two others meet with them, the MCSO Captain, Attorney and Public Works Director to starting addressing some of the improvements. He said that right now the intersection of Verde River and Avenue of the Fountains is currently a linear park. That is going to be looked at right now to improve pedestrian safety, making it easier for walkers to go straight, and possibly making it a four-way stop. They will also be considering narrowing the Avenue of the Fountains. These are all things that this community will be studying and bringing back recommendations to the Council. Mr. Miller said that education is a huge part of the equation. People are not paying attention, not stopping, and creating two lanes on Avenue of the Fountains. Vice Mayor Tolis said that he had asked the Realtor Association in town, with 350 agents, for feedback on concerns with this issue. One idea was to change the TOWN COUNCIL RETREAT MINUTES FEBRUARY 7, 2019 PAGE 20 corner of El Lago and Saguaro from 35 MPH to 25 MPH and have a high pedestrian sign. Mr. Miller said that they have also talked about rumble strips on either side of the Avenue of the Fountains which should slow people down. He added that the Public Works Department has been doing a great job getting lines restriped so they are more visible. Councilmember Brown said that he thought they needed to take a hard look at combining the subdivision ordinance and zoning ordinance. They could get together a group of Planning and Zoning Commissioners to work on this, under the watchful eye of Marissa. He said that they are confusing and they contradict one another. 4. Adjournment The Town Council Retreat of February 7, 2019, adjourned at 3:06 p.m. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY TRIBAL COUNCIL AND FOUNTAIN HILLS TOWN COUNCIL JOINT MEETING OF APRIL 9, 2019, AT 8:00 A.M. TALKING STICK GOLF CLUB 9998 EAST TALKING STICK WAY SCOTTSDALE, ARIZONA MINUTES 1. CALL TO ORDER — President Harvier and Mayor Ginny Dickey President Harvier called the meeting to order at 8:00 a.m. and as attendees had breakfast each introduced themselves. President Harvier explained that they had nine members on the Tribal Council that serve three-year terms. When the water stopped flowing on the Gila River, they came to the Salt River and eventually the two tribes became recognized as one community. There are nine miles on the corridor and Pima Road is the western boundary. He talked a little of the allotment process used for distributing land to members. He said that they have four enterprises—the golf club, casino, baseball stadium, and the auto mall; the rest of the land is owned by landowners and developers. Mayor Dickey asked if there had been any push back to the development on their land. President Harvier said that they did get some push back with the baseball field. He said that there was a lot of negotiation that had to take place between the teams and property owners and while they like to be transparent, it was difficult to assure everyone without discussing the negotiations that were taking place in executive session. He said that they had to work with the Bureau of Indian Affairs (BIA) in the rights-of-way issue. He said that they are a self-governed tribe, but they get funding from the federal government for courts, law enforcement, social services, roads, etc. 2. INTRODUCTION of attending members by President Harvier and Mayor Dickey Salt River Pima-Maricopa Indian Community Tribal Council PRESENT: President Martin Harvier; Councilmembers Archie Kashoya and Thomas Largo. ABSENT: Vice President Ricardo Leonard; Councilmembers Cheryl Doka, Michael Dallas, Sr., Diane Enos, Wi-Bwa Grey, and Deanna Scabby. STAFF PRESENT: Community Manager Bryan Meyers; Legal Counsel Michael Shiel, Legislative Affairs Officer Gary Bohnee. Fountain Hills Town Council PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis; Councilmembers Mike Scharnow, Alan Magazine, and David Spelich. Joint Meeting with Salt River Pima-Maricopa Indian Community Tribal Council —April 9, 2019 Page 2 ABSENT: Councilmembers Dennis Brown and Sherry Leckrone. STAFF: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Administrative Services Director David Trimble Town Clerk Elizabeth A. Burke; Fire Chief David Ott; MCSO Captain Larry Kratzer; Executive Assistant to the Town Manager, Mayor and Council Angela Padgett-Espiritu, Community Services Director Rachael Goodwin, Finance Director Craig Rudolphy, Public Works Director Justin Weldy, Interim Economic Development Director Michael Martella, Street Superintendent Jeff Pierce, Communications and Marketing Coordinator Grace Rodman-Guetter. 3. DISCUSSION of items of mutual interest: A. Fire Services Intergovernmental Agreement Chief Ott said that he had previously worked for the Salt River Pima-Maricopa Indian Community and his Deputy Chief did as well. He said that they have a good working relationship with the Salt River Pima-Maricopa as well as the Fort McDowell Yavapai Nation. Discussion was held on the intergovernmental agreements (IGA's) between Scottsdale, Mesa, Maricopa County, Fountain Hills and the Salt River Pima-Maricopa Indian Community. Mr. Bohnee said that none of their sales tax generated at their enterprises comes back to them in the way of shared revenues. It was noted that they adopt the Unified Building Code and other national codes related to building. President Harvier said that their Community was blessed; many others do not have the infrastructure they have available. Councilmember Magazine said that he was very impressed with the leadership of the Community. Councilmember Largo said that they are very fortunate; there are people that have been there for 45 years. They treat them well and they excel. President Harvier said that they are blessed; they have been able to do a salary survey and their employees are paid competitive salaries and receive great benefits. B. Proposition 202 Ms. Rodman-Guetter thanked the Tribe for their Prop. 202 funding of tourism-related projects. She distributed a handout she had prepared to highlight what the funds have been used for, Exhibit A attached hereto and made a part hereof. Community Manager Bryan Meyers said that he has been with the Community as their Manager for 20 years. He said that 85% of their revenue is generated through their enterprises. President Harvier said that most of their youth go to public schools in Mesa. They have elementary, early education and a high school, but after sixth grade a lot of them are still sent to Mesa Public Schools. Joint Meeting with Salt River Pima-Maricopa Indian Community Tribal Council —April 9, 2019 Page 3 He then reported on the flooding which took place last October where the casino was down for two months. He said that the damage totaled $60 million. C. Tourism President Harvier said that they support development and they have several large projects moving forward such as the Great Wolf Adventure, Medieval Times, White Castle, etc. D. Off-Track Pari-Mutuel Wagering Mr. Miller reported that Fountain Hills had received an application from someone interested in bringing in off-track pari-mutuel wagering at a local restaurant. The Town has only had one other such application and there is nothing written in the Code to address such applications. The Town notified both Salt River Pima-Maricopa Indian Community and Fort McDowell Yavapai Nation asking if either of them had any concerns with the application. Members of the Community said that they had no position on the application, but they very much appreciated being notified and asked for their input. E. Other Chief Ott said that around 2005 when Scottsdale developed their own fire services, the Town entered into a Mutual Aid Agreement for fire and medical, similar to the statewide mutual aid agreements. They put in writing what they had been practicing— the Good Neighbor Policy. He said that they do work closer with Fort McDowell because of their proximity to the Town, but they do have good working relationships with all entities. President Harvier said that they just widened the freeway, but even more cars seem to come through their Community and their members complain about speeding and stop sign violations. Discussion was held on the landfill located on the Beeline Highway. President Harvier said that as the President, he is now a sitting member of the Board of the Landfill. He said that some time ago the landfill came and asked to raise the height. He said that he could not remember what they agreed to go to, but that is another concern of their members. President Harvier said that SRP no longer wants the methane gas they previously received, so now it is being burned. He said that at some point they are going to have to get new technology to address the waste. At this time, there are no plans to open up new cells at the landfill. Mr. Bohnee reported that in preparation of the meeting they asked how many of their members lived in Fountain Hills, and it was reported that there are about 60. Councilmember Scharnow said that he is a member of the Fountain Hills Coalition, which addresses issues with high school students and drugs, etc. He said that they are in year 9 of a 10-year grant from the Federal government, which is distributed through the Arizona Department of Justice. He said that they are seeing a rise in suicides, and while the drugs have been around for a long time, the problem is with Joint Meeting with Salt River Pima-Maricopa Indian Community Tribal Council —April 9, 2019 Page 4 what is being added to them. Discussion was also held on the whip-its, which are nitrous oxide canisters popular because they provide a high, but do not show up on a drug test. Mayor Dickey offered to have members of the Coalition attend a school assembly in the Community, if they would like. President Harvier said that relationships are important. He noted that their Tribal Council met yesterday with the Tribal Council from the Fort McDowell Yavapai Nation. Councilmember Largo said that one of the things they are working on now is negotiations on a new gaming compact. He said that the original reservation was 685,000 acres, but in 1879 President Hayes, because of the pressure of the settlers, reduced it to the current 52,000 acres. He said that with the current negotiations taking place, if changes were made to the gaming compact, it could impact the 12% that they are currently able to distribute to all of the communities and they would be sure to notify the Town. President Harvier said that he is looking forward to the future and they appreciate everyone coming. Councilmember Kashoya said that his main concern is the southern boundary. He said that they look at the mountains as sacred and the relics there are gone from people digging them up, and construction waste is being dumped on the land. He said that some of their members do not go there anymore because they feel that the land is tainted. He asked for assistance from residents to not disturb their areas. Vice Mayor Tolis said that perhaps they could show them the locations so they could educate the public on where not to go. He said that they have a real challenge with economic development with development going in around Fountain Hills. He suggested that they work together to help each other in moving the region forward. Mayor Dickey suggested that they include each other's activities communitywide through their respective calendars. President Harvier said that Councilmember Kashoya has protected some of those areas through support of the purchase of Saddleback Mountain where there had been illegal dumping and relics being removed. 4. ADJOURNMENT The President, Mayor and Councilmembers exchanged thanks and the joint meeting of the Salt River Pima-Maricopa Indian Community Tribal Council and Fountain Hills Town Council held April 9, 2019, adjourned at 9:52 a.m. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk r • • • • •••:••, •• • • • • • • • •�•••• • •• • • • �•• fountain .. • ilis .., ,,,,,,,,,,, . ...,..,, , e. . - • ,. ,.. -;Ayi-$. . .,,,„.. .. i4;' k A • ..„ ......,„ , . . ,,..,. 9�"»•,.wry '" j S ` . ,l r . Y{,�. _? X1 T� I F` 1 ,„ if ,., -< w - - .. - -- 4 t w� CaRAT SEA/ 7 * \ —r-i Z D .o� O\P� ��M'�RICOPN \\4 Tourism Partnership 2019 Town of Fountain Hills-Tourism Division 04/09/2019 Prop 202-Funded Project Report coSattefOtala1015 R � otl k, festiu r FROM 4:00 - 9:30 P.M. FREE ADMISSION AT FOUNTAIN PARK experiencefountainhills.org Overview: On Saturday,April 6, 2019 Fountain Park hosted the fourth annual Music Fest which is funded and sponsored by the Salt River Pima Maricopa Indian Community through their generous proposition 202 grand fund award. More than 3,500 people attended this event from Fountain Hills, Salt River and the greater Phoenix-metropolitan valley area. The event featured four different live bands,two food trucks and a beer Garden. The food trucks included White Mountain Food Company and East Coast Cheese Steaks and the beer was provided by our local brewing company, Bone Haus Brewing. Marketing: The Following is a snapshot of our social and web outreach regarding marketing for the event: Event Performance Since Dec 13,2018 33.2K 2.9K 517 People Reached Responses Ticket Clicks +3.2K as,7 days +321 7 day'; +281 ,..' Audience Ticket link clicks- 0 0 Women 55-64 Phoenix,Arizona 30%of tickets clicked 17%of tickets clicked rs .11 al 1 i Traffic Channel Source/ Medium Referrals 1.2K ' 1K 800 ' §UO 400 200 0 04 O Uh OT Apr Organic Search w Direct ~ Referral ^ Smoio| , Other Last 7days ACQUISITION REPORT > What pages d0 your users visit? Page Pageviewa Page Value /p/ovontn/muo|ofost 1'970 $000 / 1'130 $0�00 /eventn/2010/muo|u-fem\ 357 $0.00 /oxentn 316 80.00 /p/fountu|n 310 $000 /p/fuurta|n/fountain+unUmeo 101 $0.00 /ever8o/wvonto 95 $0O0 /direo1ionaaopx 82 $0-00 /busineoswa 71 $000 /p/oe*do 71 $0,00 Last 7 days ,' PAGES REPORT > � This year the event gained the largest attendance in its' history. We attribute this directly to the attention and following it has cultivated over the years. This could not have been achieved without the funding we have received from the Salt River Pima Maricopa Indian Community. If we were to loose funding from your proposition 202 grant funding this event would not be able to continue. Grant Funded Projects: In addition to our Music Fest,we use the remainder of the grant funding to purchase media advertising buys in specifically targeted Spring Training publications to bolster visitation to the Salt River Fields Talking Stick spring training field. The most notable publication is the Cactus League Insert produced by Hennen Publishing. Hennen places a newspaper insert with the entire spring training game schedules of all Arizona teams in the newspapers of the home cities of our spring training teams reaching thousands of perspective tourists. Partnership Deliverables: As a partner we showcase information about your activities and attractions in our Official Visitors Guide,of which 25,000 copies are printed and distributed in the two main airports as well as in CVB's, Visitor's Centers, Hotels and special events around the state. We also feature a dedicated webpage about your attractions on our tourism website www.ExperienceFountainHills.org all year long. Hotels&More Official Visitors Guicie „F-, Tourism Strategic Plan THE FOUNTAIN EVENTS ARTS b CULTURE SEE&DO M i �r DIRECTIO fou�t�i� �i s Sint to Home See&Do>Salt River Pima Indian Community SALT RIVER PIMA INDIAN COMMUNITY HISTORY AND CULTURE Ep1T SEA The Maricopa tribes were small bands that lived along the lower Gila and Colorado ('^' C rivers.In the early 1800's they migrated toward Pima villages.The Pima,known as V� a friendly tribe,established a relationship with the Maricopa.Both tribes provided protection against the Yuman and Apache tribes. The Pima believe they are the descendants of the'Hohokam,'(those who have gone)an ancient civilization who lived in Arizona nearly two thousand years, vJ dating as far back as 300BC.The Hohokam farmed the Salt River Valley and created elaborate canal irrigation systems throughout the valley area:that system. r-` r. now modernized is still used today. —'. Z The Pima were strong runners,basket weavers and farmers who could make the desert bloom.They served as trusted scouts for the U.S.Cavalry and continue to .53 serve their country today in various forms of the armed forces. 2. The Pima are well known for their basket weaving techniques,intricately woven, (0) they are made watertight.The Maricopa,known for their red clay pottery work, created various forms of jars and bowls.Both forms of artwork are made of natural materials and can be viewed at the Community's Hoo-hoogam Ki Museum. // NGe The Pima and Maricopa tribes together,comprise the Salt River Pima Maricopa s� Indian Community. RIcoP dry,; /� Conclusion: We are grateful for the funding and support we receive from this grant and we look to continue this prospering partnership in this future. Together our two entities are able to bring awareness and tourism to our shared corner of the East Valley. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 16, 2019 REGULAR MEETING 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of April 16, 2019, to order at 5:30 p.m. 2. INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center There being no pastor present, Mayor Dickey asked for a Moment of Silence. 3. ROLL CALL — Mayor Ginny Dickey COUNCILMEMBERS PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis; Councilmembers Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone and David Spelich. COUNCILMEMBERS ABSENT: None. STAFF PRESENT: Town Manager Grady Miller, Town Attorney Aaron D. Arnson, and Town Clerk Elizabeth A. Burke. 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Councilmember Spelich reported on a tour he attended with County Supervisor Steve Chucri at a farm in Mesa where they learned a lot of things about produce in Arizona. He said that it was an informative tour and Fountain Hills was represented. Councilmember Leckrone reported that she and the Mayor had the pleasure of attending a luncheon at the home Gilbert Mayor Jenn Daniels. They learned a great deal about other towns and shared their experiences. She said that she is anxious to continue to meet with them and grow in their roles. Mayor Dickey said that this meeting had come about from a conversation that Councilmember Leckrone had with Mayor Daniels at the New Officials Training put on by the League. Mayor Dickey reported that the Eggstravaganza was held last weekend and it was a great event. She and other Councilmembers recently attended the Volunteer Reception with the theme of Under the Sea. She recognized Tom Aiello as Volunteer of the Year and thanked Heather Ware and all of the staff that was involved. It was noted that Mr. Aiello was in the audience at the Council meeting and he received a standing ovation. Mayor Dickey said that she and other members of Council attended a Joint Meeting that was hosted by the Salt River Pima-Maricopa Indian Community where they talked about their opportunities to partner and Prop. 202 funding. She said that they thanked the Town for notifying them of the upcoming Off-Track Betting application recently received, on which they had no position. She was glad that so many members of Council and staff TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 2 could attend, and she said that it was the first of several joint meetings coming up this year. Mayor Dickey reported that she attended a recent Arizona Transit Association Luncheon for transportation officials from all over, at which her husband was recognized. She mentioned that Fountain Hills is currently having a transit study performed, at no cost to the Town. She said that she was also honored to meet with the Order of Purple Hearts. Her sister reposted the photo in front of the sign and her cousin in Cape Cod asked how they can also become a Purple Heart Community. A. PROCLAMATION recognizing Purple Heart Tuesday in Fountain Hills. Mayor Dickey invited Bill Yin forward, read the proclamation and presented it to him. Mr. Yin said that there are 28 counties, cities and towns in Arizona that are deemed Purple Heart Communities. He said that on August 7, 2019, at the Community Center there will be a Purple Heart Celebration at which everyone is welcome. Along with several speakers, they are hoping to have five Medal of Honor recipients attend. They will have the State Band and National Color Guard presenting the Colors. B. PROCLAMATION recognizing April 22, 2019, as Earth Day in Fountain Hills. Mayor Dickey invited Amy Burnett forward, representing Arizona Game & Fish and Liberty Wildlife, read the proclamation, and presented it to her. Ms. Burnett said that she was honored to receive the Proclamation. C. PROCLAMATION recognizing May 2, 2019, as Fountain Hills Day of Prayer. Mayor Dickey invited Nate VanKeuren and guests forward as she read the proclamation and presented it to the group. Mr. VanKeuren said that this was the 68th Anniversary of National Day of Prayer. They will be holding a prayer service on May 2, 2019, at the Fountain Park Ampitheater at 6:30 a.m. and they were doing a walk around the Overlook Trail. D. Report by Town Manager Mr. Miller introduced the new Acting Development Services Director, John Wesley. He said that they were pleased to have him and he has started right away working on the many development projects they have going. Mr. Wesley said that it was good to be here and it was a pleasure to have the opportunity to serve Fountain Hills. Prior to coming here, he said that he was the Planning Director for the City of Mesa for 15 years and is very familiar with Arizona laws. Prior to that, he was the Community Development Director for Stillwater, Oklahoma, a town of approximately 35,000, similar to Fountain Hills. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 3 Mr. Miller said that staff was recently asked to look into a couple of items and he would like to report on those. He said that they were asked to meet with the leasing agent representing Park Place to get more information regarding their occupancy numbers. The Town's Acting Economic Development Director did meet with the leasing agent and got some preliminary information; however, the agent is trying to get approval from his bosses to share further. He said that a meeting has been set up for May to get with the Plat 208 area representatives and the downtown merchants association. He said that they are trying to reenergize the area and be more visible. They will come back and report to Council. Update on lemonade stands. With regard to information on lemonade stands, Mr. Miller asked Mr. Martella to come forward. Mr. Martella said that there was not a lot out there in terms of codes or ordinances that address lemonade stands. He called the County and talked with their environmental services department and found that they do not issue permits as long as they are on private property. Additionally, even if there was a complaint received they would not forcibly shut them down. He said that with regard to licensing, they would not license garage sales contained on private property so they would apply similar thinking as to lemonade stands. Vice Mayor Tolis said that he would like to invite the merchant's association to a meeting and have them share their initiatives they are using and ask what the Town Council could do to help them be successful. He would like to hear from them directly. He would also like to extend the invitation to Shea Connolly, to understand what they can do as a town to assist in filling those business locations downtown. Mr. Miller said that part of the concern is that there was not a"downtown merchants association," that is why they would invite Plat 208 representatives. Brief discussion was held on contacting Shea Connolly versus the leasing company. It was clarified that Vice Mayor Tolis would like to talk with whoever is appropriate for assisting with economic development in the downtown. Mayor Dickey said that when they do reports they should not be having discussing. She said that their department directors and staff have their contact information on the Town's website. The fastest way to get questions answered would be to contact them directly. 5. PRESENTATIONS A. PRESENTATION by Captain Larry Kratzer, MCSO, with monthly update. Captain Kratzer with MCSO gave a monthly update that addressed: TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 4 Emails from residents have indicated concerns/questions on the activities of deputies. He said that on a regular basis the deputies will do 600 to 700 welfare checks in a given month. They go out on their own, check businesses, park areas, other locations where residents have contacted them with concerns. He said that they recently had a business found unlocked. It was a vacant office and in the last four to five months they have found three to four unsecured. They were able to contact the property owners. He said that they recently had an arrest of a resident of Scottsdale that had been going to various Targets and stealing electronic devices and selling them on Offer Up. The detectives were able to identify the individual and arrest him on April 3. Based on the arrest, he confessed to that and other thefts. They were able to work with the Scottsdale Police Department and Mesa Police Department, to get other charges on him. Captain Kratzer reported that over the last month traffic stops have been up by 62%. He explained that calls for service come first, but on their downtime they can make traffic stops and welfare checks. He said that some of the prime trends is with the elderly being targeted for fraudulent schemes. He gave an example of a lady who received an e-mail from a subject stating they were with the local internet service and they had charged her for the next year's services. She called the number back and ended up withdrawing several thousand dollars. He said that this was done from another country so it is difficult to follow up on them. Another example was someone seeking employment who had someone respond to her resume. She accepted a job and they sent her a check for airfare, but then determined they sent her too much and she needed to send money back. She lost about $3,500. In March they had three more incidents of"smash and grab" at Fountain Park, and the individuals were using credit cards at local stores and buying gift cards. He reminded residents to not bring their purses with them when walking and be aware of their surroundings. He reported that on April 27, 2019, at the Town Hall parking lot they would have the National Prescription Drug Take Back. He said that they would also be having another Coffee with a Cop on May 17, 2019, from 8:00 a.m. to 10:00 a.m. at the local McDonald's, who had asked them to host with them. Councilmember Spelich said that he had read a news feed about the Neighborhood Program from Ring. They are able to link doorbells that use Ring, to local law enforcement so they can be monitored. Captain Kratzer said that he did not know much about it, but he did know that MCSO has been working with Ring. Councilmember Magazine asked how many deputies they had in Town. Captain Kratzer said that they have 3 on every squad and they have 5 squads, so a total of 15, and the County covers 1 for Rio Verde. Brief discussion was held on whether that was enough and what national recommendations were. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 5 Councilmember Scharnow reminded everyone, on behalf of the Fountain Hills Coalition, that there is a prescription drug box in the lobby of Town Hall and thanks to the Town and Sheriff's Office, and the Sanitary District, it has been increasingly popular during business hours. 6. CALL TO THE PUBLIC Pursuant to A.R.S. 38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment(i) must be within the jurisdiction of the Council and(ii)is subject to reasonable time,place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter, or(iii) ask that the matter be placed on a future Council agenda. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. APPROVAL OF the minutes of the Special Meeting of March 26, 2019; and the Regular Meeting of April 2, 2019. B. CONSIDERATION OF approval of a grant application with Salt River Pima- Maricopa Indian Community for tourism-related efforts. C. CONSIDERATION OF approval of a grant application with Fort McDowell Yavapai Nation for tourism-related efforts. D. CONSIDERATION OF approval of a grant application with the Arizona Office of Tourism for tourism-related efforts. E. CONSIDERATION OF approving a Special Event Liquor License Application submitted by the Fountain Hills VFW Post 7507 (George Bernert), for the chamber of Commerce Gala event to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, Arizona from 4:30 p.m. to 11:00 p.m. on Friday, April 26, 2019. Councilmember Magazine MOVED to approve Consent Agenda Items 7-A through 7-E; SECONDED by Councilmember Brown; passed unanimously. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 6 8. REGULAR AGENDA A. PUBLIC HEARING AND CONSIDERATION OF request by an applicant for Off- Track Pari-Mutuel Wagering as a permitted use at Parkview TapHouse Bar and Grill. Mayor Dickey opened the Public Hearing. Mr. Miller said that this was a request from Arizona Downs to allow for off-track pari-mutuel wagering at the Parkview TapHouse Bar and Grill. He said that the place has been there for many years, but it is now under new management. He said that the process is similar to liquor licenses; the Council takes public testimony and formulates a recommendation to approve or deny, which then goes to the Arizona Racing Commission. He said that they found only one other such application to the Town that was many years ago. There is no process for these applications included in the Town Code. Since they are recipients of Prop. 202 funding, it was important that they notify both of the neighboring tribes. He said that they heard back from the Salt River Pima-Maricopa Indian Community that they were neutral. Mayor Dickey said that the President of Fort McDowell did say they were looking into it. Mr. Joe Jackson said that Arizona Downs purchased what used to be Yavapai Downs in Prescott Valley in January 2018. They have undergone extensive remodeling of the facility to provide for live racing and they will open on May 24, 2019, after being closed since 2010. He said that they have discovered through the process that the way they fund their purses for the riders is through the off-site wagering. When they open it will allow horse racing to stay year-round in Arizona. In the last several years, Turf Paradise has operated September through May. With them opening up it will allow them to run May through September. This is a shot in the arm for the entire industry, from breeders, vets, etc. He said that Arizona used to be one of the top states for breeding. He said that the purses depend on the off-track betting from facilities set up throughout the state. What they get from that is split 50/50 with the horsemen to go to their purses. Their 50% covers the cost to operate. He said that they do not make a lot of money off the regular Off-Track Betting, but it is a mechanism to raise purses so they can provide live racing. Mr. Jackson said that it is strictly horse racing. They have one simulcast room at the race track itself, and then they have three other locations—one in Phoenix, one in Flagstaff and one in Lake Havasu City, and they are currently opening one in Pinetop. He said that they were approached by the Italian American Club and just finished their second week. It is a private club and for members only. He said that they work hand in hand with the restaurant/bar to get them opened and going. Councilmember Brown said that his wife was a general manager of an Off-Track Betting facility in Denver. It was a very successful sports bar, but when they came TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 7 in the patrons would come in and get a cup of coffee, saving their money for betting. He would hate to see that happen to a good restaurant. Mr. Jackson said that is a comment that comes up all the time. Sports bars are better places than a formal restaurant. He has a good friend that runs an OTB in northwest Phoenix, one of the more successful ones in the Valley, and he does $400,000 in handling. That is the motivation behind the bar owners, to get people in to sell them drinks and food. Councilmember Scharnow said that he and he wife went to Tavern Grill on Via Linda and there was a booth there. He did not even know it was there. He said that the place was packed, and not just for betting. At the risk of being a politician, he asked if the Town would see any revenue if they approved it, or if it all goes to the establishment and the state. Mr. Jackson said that there are taxes paid for the revenue through sales tax, so the Town would see that revenue. Milton Galbaldon, owner of TapHouse, said that he was learning about this just as much as the Council. He opened in October of last year and it is flourishing. He has talked with a lot of his customers asking if it would affect the business and they all said it would not hurt them one way or another. He said that he is investing $15,000 in providing ice cream. He said that even if the Council approves this today, he still has more research to do. Councilmember Magazine asked why it was coming before Council if the owner was still having reservations. Mr. Miller said that he was led to believe that the applicant and restaurant were on board. Councilmember Magazine MOVED to table the item; motion died for lack of a second. Vice Mayor Tolis said that he appreciates the owner's efforts to look outside the box for ways to increase his revenues. This is a venture in Arizona that is looking to expand and grow. Other communities have already been approved. He asked Mr. Jackson if they would be talking to other businesses if this one did not come to fruition. Mr. Jackson said that they have only talked with TapHouse. He is hoping they do not have to look for a different place. If they got this one, it would not make sense to open another. It is expensive to open with the cost of equipment, etc. Mayor Dickey closed the Public Hearing. Vice Mayor Tolis MOVED to approve Off-Track Pari-Mutuel Wagering as a permitted use at Parkview TapHouse Bar and Grill; SECONDED by Councilmember Scharnow; passed unanimously. B. CONSIDERATION OF a new trail proposal on the south leg of the Fountain Hills Preserve. Mr. Bill Myers said that he was on the McDowell Mountain Preservation Commission and also the Sonoran Conversancy of Fountain Hills. He was there TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 8 to introduce Bill Craig who has experience with trail design, building and maintenance. He has a design for the new south leg. He designed the lower Sonoran Trail and also part of the Andrews Kinsey Trail. He has taken seminars and courses, and is an expert at designing and creating trails, and he is very safety conscious. He said that last week the MMPC voted to support the new trail 100%. Mr. Craig said that he was one of the happy hundreds of volunteers in Fountain Hills. One of his duties on the Board of the Conservancy is the duty of designing, building and maintaining the trails. He said that this proposed trail has been approved by the McDowell Mountain Preservation Commission and the Town. He said that in the late 1990's the Town formed a group headed by Paul Nordin that looked out to the west and saw the McDowell Mountains, and decided it would be better to preserve it instead of having it developed. They worked over a number of years to purchase the land and they worked to obtain development fees to set money aside for the trailhead which has been a long time in coming. He said that they feel there are a lot of benefits, not only with recreational facilities, but trails, including health, physical and mental, and economic benefits of bringing in day trippers, overnight, snowbirds that purchase homes and spend money here. There have been many studies that found that the closer a property is to recreational facilities, the higher the value. Mr. Craig said that the National Homebuilders Association did a survey of amenities that home purchasers look for and the amenity that was mentioned second was trails. The trailblazers required a few hundred dollars for tools and signs, but they estimate that this year they produced over 800 hours of service. He then showed a few slides of the new proposed trail. He said that one of questions being asked is why they need another trail. He said that this is their Town, their land, and the area along that ridge that the trail will be on is a beautiful area to hike and there are wonderful views at the end. Councilmember Magazine said that he thought that what he and the trailblazers do is extraordinary and he wanted to express his thanks. Bill Hinz, owner of Copperwynd, voiced support for the trail. He said that they are spending a lot of money to bring people here and within their branding, the DNA of their resort is the fact that they are focused on getting people out in the Sonoran Desert. Sarah Nolan provided written support for the trail. Edith Burns said that she lives right next to the Overlook Trail and they are supposed to be hiking from dawn to dusk, but they have people with baby buggies going up and down the trails in the middle of the night. She asked if there would be any way to monitor the trail use. Mr. Arnson said that he and the Town Manager will look into that concern further. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 9 Councilmember Magazine MOVED to approve the new trail proposal on the south leg of the Fountain Hills Preserve, SECONDED by Councilmember Leckrone; passed unanimously. C. CONSIDERATION OF approving the Third Amendment to Cooperative Purchase Agreement C2017-045 between M.R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for asphalt replacement and miscellaneous work in an amount not to exceed $3,500,000. Mr. Miller explained that back on March 19, they had an item on the agenda for consideration of a contract with M.R. Tanner. Due to concerns that he and the Council had, the item was pulled and is now being brought back for further consideration. Public Works Director Justin Weldy said that he had asked the Finance Director what the fund balance was and had been told approximately $2 million, but later it went to $5 million, when in reality it was only $2 million. He said that there was an actual budget sheet that shows that number, but based on concerns that the Vice Mayor and Councilmember Brown had, they went through and met with the Finance Director. They confirmed the number and found that they have always carried a balance of $595,000 to $3 million. He apologized for the numbers and will do a better job in the future to prevent this from happening. He said that tonight is the third amendment and what they are proposing, based on their available budget for FY18-19, to accomplish a majority of the items to be shown in the presentation. WHERE DOES THE MONEY COME FROM Fund Balance He said that they are proposing to do approximately $3.5 million of work. They have done their homework up front and have identified utility companies and contacted them to make sure changes are not being required unnecessarily. FISCAL YEAR 18-19 PROPOSED BUDGET $3.5M Mr. Weldy said that this is through a cooperative purchasing agreement, which is often used between municipalities. The one difference is that although they are using the City of Chandler's agreement, their dollar amount is considerably more than Fountain Hill's. He said that through negotiations with M.R. Tanner, they have agreed to extend those rates and he will review some of the cost comparisons. BENEFITS He then reviewed the bid tabulation, showing that they entered into an agreement with the lowest bidder. Chandler's rate was $1.10 while Fountain Hills' was $1.15, but that is because the Town does not have the ability to store the materials nor do they have a use. Additionally, the Town's disposal site is 1.5 to 2 hours to haul down the Beeline into Mesa at Alma School and the 202. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 10 WHAT OTHER CPAS... PAVEMENT MANGEMENT PROGRAM Mr. Weldy said that staff will be back early after the summer break to review the Pavement Management Program. He said that they are looking to use the funds they have based on data collected to save the roads they can save right now. There are several roads that cannot be saved at this time. Staff will bring that back to Council in the future for discussion on how to address it. Mr. Miller said that they will be back in September to ask for Council's input on what PCI they want to have on the Town's roads. Councilmember Magazine asked if this would be on the local streets. Mr. Weldy said that the mill and overlay are mostly on the collectors and locals, but the percentage of movements upwards will be very minimal. He said that their arterials have a good PCI at this time; they need to make sure they maintain that level in the future. Mr. Weldy said that they are now asking for Council's approval to move forward with this portion of the program. They would like to start and finish in May. Vice Mayor Tolis said that in the last three years he has heard a lot of presentations and prior to Mr. Weldy taking this position, he heard about zone coverage. He said that in 2016 he asked for the records and what maintenance had been done and was told there were no records. He said that in looking at the map it looks very scattered. He said that they are moving away from zones and into identifying particular streets. He said that the downtown is the heart of the Town and it should be perfect. He said that when he drives down Palisades from Saguaro, it is a mess. Parkview is in very poor shape and he wanted Mr. Weldy's opinion on those streets. He asked him why they would not do everything they can for the downtown. Mr. Weldy said that to his knowledge the former Public Works Director did provide the information that was requested. He said that there is a folder that staff has; they will provide that. The record keeping prior to that does have some challenges. He said that the entire community is important in regard to pavement management, the downtown area included. They are challenged by limited funding. He said that they are using the limited funding they have to save the streets they can save. Mr. Weldy said that the zone program was on a seven year rotation, but they now know that it did not work because they were not getting to the streets that needed work. He said that he does understand that the downtown core and the Shea corridor are important areas, but the entire community is important and it all deserves improvement. Vice Mayor Tolis said that the entire community is important, but when they have businesses and people coming here to invest, they want to make sure that the downtown is pristine. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 11 Councilmember Magazine said that he agreed that the downtown is important, but he would guess that 95% of their citizens do not live in the downtown. He said that they have to be careful about how they allocate their resources. He said that the downtown is not in bad shape; there are streets throughout town that are in worse shape. He would rather put money on local streets than the downtown. Brief discussion was held on the sealing of Saguaro and Shea. Mr. Weldy said that they will most likely do those next year. They will do a visual inspection and determine the PCI. Right now, they intend to bring that forward for the next budget. Mr. Miller said that the list they reviewed was the Capital Facilities Replacement Fund. They did a study and the total was about $18 million. A lot of the items mentioned have been deferred or pushed back. To properly fund the items in that listing was about $1 million a year. They will probably need to jumpstart it with a few million dollars. Councilmember Spelich said that the $2 million different was a big deal. He said that by moving the work to multiple zones from the zone process, they are not neglecting one area over the other. He asked when staff foresaw the Pavement Management Plan moving forward. Mr. Weldy said that based on the information collected, the data, and their history, they need a comprehensive Pavement Management and Maintenance Plan. They will bring it back and present it to the Council for approval, changes, etc. and once the Council decides on the PCI preference, staff will determine the budget needed to complete that level. Mr. Weldy said that it is critical that they follow the plan as it will build trust and that trust will be needed when they ask for support through a bond issue for the larger projects in the future. Councilmember Brown said that they have been talking about a new pavement plan for ten years. He said that it is not just the pavement plan, it is a lot of plans in Fountain Hills that need to be put to bed. The Pavement Management Plan needs to be brought together and lived with. Mr. Miller said that IMS has helped staff identify their needs, but one of the things missing is they need from the Council what they believe the PCI should be. Then they will work with IMS to determine a plan and associated costs. He said that this is a policy decision. They will then need to look at a possible bond question in 2020. Councilmember Leckrone asked, based on Councilmember Brown's comments, if they are putting the cart before the horse. Mr. Miller said that last year they did not undertake any pavement management. The fund balance they have will be able to get going on the maintenance. The longer they wait the longer it will cost them. He said that this is near-term, but they are going to put together mid-term and longer- term. Councilmember Leckrone asked if the streets identified were identified because if they do not act, they will be on the list of streets that cannot be saved. Mr. Weldy TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 12 said that was correct. He said that those streets can be saved if they apply treatment right now. Mr. Weldy briefly reviewed the various types of improvements. He said that the zone approach that was adopted identified seven zones in Town and applied a treatment to those zones. For any particular zone, if they ran out of funding, they did not come back to it for seven years. The triage approach stops the bleeding. They have a few small wounds and they patch those up. It provides an opportunity to save a limb. For the ones beyond that cannot be fixed, they cannot focus this limited funding at this time. Vice Mayor Tolis said that he agreed with Councilmember Brown; he has heard this over and over again. It is groundhog day in Fountain Hills; they continue to talk about the same issues without any true resolution. He said that the problem is with turnover; they have different councils with different thoughts and opinions. His policy is that he wants the downtown to be pristine. Councilmember Scharnow said that in light of this discussion, he read the pavement report and he did see a sense of urgency. He remembered when they were still doing zones and moved into the Four Peaks area they ran into issues. Mr. Weldy said that the challenge back then was the base and areas of clay. Based on their knowledge they do not anticipate encountering any of those types of situations. Mr. Weldy said that the Town pays IMS to host the software. Whenever staff reaches out they ask them to provide a segment and project based on the funding available. They are conservative in the mapping. The challenge is staying within the limits. They do not have the staffing to host the software and provide that information. Mayor Dickey said that everyone knows this discussion is driven on cost. She agreed that none of the councils have had the technical expertise, but they thought they had a plan with the zones. It does not seem like groundhog day to her. They have learned things along the way. Now they have this data driven information from IMS. She said that the bond money is different than what they are talking about here. Councilmember Brown MOVED to approve the Third Amendment to Cooperative Purchase Agreement C2017-045 between M.R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for asphalt replacement and miscellaneous work in an amount not to exceed $3,500,000; SECONDED by Councilmember Scharnow; passed 6-1 with Vice Mayor Tolis casting the dissenting vote. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 13 D. CONSIDERATION OF approving the Fourth Amendment to Cooperative Purchasing Agreement C2017-079 with Utility Construction, Inc. in the amount of $100,000.00 for additional lighting upgrades, maintenance and new construction town-wide, as necessary. Mr. Weldy said that the amendment before Council is for a contract that they have been using for several years. There was a separate contract that came before Council recently that involved a variety of departments, and that was approved. This contract has one project identified and that is to make the changes to the traffic signals on Shea for Fountain Hills Blvd. and Palisades, at an estimated cost of$40,000. The remaining amount is available for any department for any changes but it will not be spent if not needed. Mr. Miller clarified that if other departments used any of this, it would be charged to them. Mayor Dickey asked if the remaining $60,000 could be used for stop sign lighting. Mr. Weldy said that he would need to look at the underlying contract; he was not able to answer that tonight. Mayor Dickey clarified that approving the contract does not mean they are going to spend it. She said that if they approve something and do not spend it, it would appear as a fund balance. Mr. Weldy said that in regard to the street fund balance, the monies not spent in the 18-19 budget will not be available in the future; at the close of this year the budget would have already been open for next year. Vice Mayor Tolis said that if they do not approve this, there is already budgeted funds in the maintenance budget to deal with upgrades, etc. Mr. Weldy said that they do have a limit of funding. They have to have a contract; they currently do not have another traffic signal contractor under contract. Mr. Weldy said that they are not asking for a budget increase or transfer. The contract is with Utility Construction and the current contract expired. He said that this is a renewal. Mr. Miller said that he had read through the agenda action form and did not understand that. He said that they would work on being more cautious in their forms in the future. Councilmember Leckrone MOVED to approve the Fourth Amendment to Cooperative Purchasing Agreement C2017-079 with Utility Construction, Inc. in the amount of$100,000.00 for additional lighting upgrades, maintenance and new construction town-wide, as necessary; SECONDED by Councilmember Spelich; passed unanimously. E. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mayor Dickey said that of the bills the Town liked, some have stalled and others are going to the Governor. TOWN COUNCIL REGULAR MEETING MINUTES APRIL 16, 2019 PAGE 14 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of(i) placing such item (s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: Vice Mayor Tolis said that they have a problem in the community with a lack of leadership in moving forward. He said that the Chamber's CEO and three board members have resigned. He asked that they invite the business leaders to help the Council understand what they can be doing to help them to be successful. He said that they need to be reaching out to the business owners in the community. He said that if they do not start to create a buzz in Fountain Hills, he is worried about the future of the community. 10. ADJOURNMENT. Councilmember Magazine MOVED to adjourn; SECONDED by Councilmember Brown; passed unanimously. The Regular Meeting of the Fountain Hills Town Council held April 16, 2019, adjourned at 8:01 p.m. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16th day of April, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of May, 2019. Elizabeth A. Burke, Town Clerk NOTE: For further details on the discussion of a particular agenda item, please visit http://www.fh.az.gov/agendacenter to view a video of the entire Council Meeting. TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 18, 2019 1. CALL TO ORDER— Mayor Ginny Dickey Mayor Dickey called the Special Meeting of April 18, 2019, to order at 5:00 p.m. 2. ROLL CALL — Mayor Ginny Dickey COUNCILMEMBERS PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis; Councilmembers Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone and David Spelich. COUNCILMEMBERS ABSENT: None. STAFF PRESENT: Town Manager Grady Miller, Town Attorney Aaron D. Arnson, Finance Director Craig Rudolphy, Public Works Director Justin Weldy(arrived at 5:17 p.m.), and Town Clerk Elizabeth A. Burke. 3. VOTE TO GO INTO EXECUTIVE SESSION Councilmember Magazine MOVED to recess into Executive Session; SECONDED by Councilmember Leckrone; passed unanimously. The Fountain Hills Town Council recessed into Executive Session at 5:00 p.m. 4. EXECUTIVE SESSION: A. Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. §38 431.03(A)(3). Primary Property Tax Issues ii. Revenue Generation from Vacant Building Tax iii. Revenue Generation from Seasonal Residence Tax iv. Deed or Other Restrictions of Shea Property Located Near Saguaro and Technology (Tract A, Four Peaks Plaza) v. Fire Station #2 5. ADJOURNMENT The Fountain Hills Town Council reconvened into Open Session at 5:44 p.m., at which time the Special Meeting of April 18, 2019, adjourned. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk IAN��tA`N�I� TOWN OF FOUNTAIN HILLS .?1, n TOWN COUNCIL 3g WSW IOW: AGENDA ACTION FORM 140 Is mv,o Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov REQUEST TO COUNCIL(Agenda Language)PUBLIC HEARING and consideration of approving a Liquor License Application submitted by Casey Patrick Grogan,owner of Casey P Grogan LLC DBA Fireside Grill,located at 12800 N Saguaro Boulevard, Fountain Hills,AZ.This is for a series 12(Restaurant)license. Applicant: Casey Patrick Grogan - Owner Applicant Contact Information: 602-386-6863 Owner: Casey Patrick Grogan - Owner Owner Contact Information: 602-386-6863 Property Location: 12800 N Saguaro Boulevard, Fountain Hills,AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 &4-205 and R19-1-102 and R19-1-311. Staff Summary(background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Casey Patrick Grogan,owner of Casey P Grogan DBA Fireside Grill for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis(options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Budget Reference(page number): N/A Funding Source: NA If Multiple Funds utilized, list here: 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 Liquor License Application. Prepared by: p oved: • . \N&A:tdL-- Grady E.Miller, wn ,.nager 4/17/2019 Sonia Kukkola, F nancial Services Technician 4/17/2019 Directors Approv I: bf vva Craig Rudol y, Finance Dir ctor 4/17/2019 Page 1 of 1 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 4/2/19 • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Casey P Grogan LLC DBA Fireside Grill, 12800 N Saguaro Boulevard, Fountain Hills AZ 85268 Applicant: Casey Patrick Grogan Date(s)of Event: N/A Date Application Received: 04/01/19 Town Council Agenda Date: 5/7/19 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P &Z Marissa Moore X Community Services Rachel Goodwin X Peter Johnson Building Safety X Fire Department Jason Payne X Law Enforcement Larry Kratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. 04-01-19 13 :07 RCVD • State of Arizona Department of Liquor Licenses and Control Created 03/28/2019 @ 10:42:16 AM Local Governing Body Report LICENSE Number: Type: 012 RESTAURANT Name: FIRESIDE GRILL State: Pending Issue Date: Expiration Dater Original Issue Date: Location: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Mailing Address: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Phone: (480)916-9047 Alt.Phone: (602)386-6863 Email: AMYNATIONS@AZLIC.COM AGENT Name: CASEY PATRICK GROGAN Gender: Male Correspondence Address: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Phone: (602)386-6863 Alt.Phone: Email: AMYNATIONS@AZLIC.COM OWNER Name: CASEY P GROGAN LLC Contact Name: CASEY PATRICK GROGAN Type: LIMITED LIABILITY COMPANY AZ CC File Number: L22454158 State of Incorporation: AZ Incorporation Date: 12/28/2017 Correspondence Address: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Phone: (602)386-6863 Alt.Phone: Email: AMYNATION@AZLIC.COM Officers/Stockholders Name: Title: %Interest: Page 1 of 3 r NICOLE DEVON OLMSTEAD MEMBER 50.00 CASEY PATRICK GROGAN MEMBER 50.00 CASEY P GROGAN LLC - MEMBER Name: CASEY PATRICK GROGAN Gender: Male Correspondence Address: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Phone: (602)386-6863 Alt.Phone: Email: AMYNATIONS@a,AZLIC.COM CASEY P GROGAN LLC - MEMBER Name: NICOLE DEVON OLMSTEAD Gender: Female Correspondence Address: 12800 N SAGUARO BOULEVARD FOUNTAIN HILLS,AZ 85268 USA Phone: (915)227-7405 Alt.Phone: Email: NICOLE DEVON@HOTMAIL.COM Page 2 of 3 T APPLICATION INFORMATION Application Number: 58123 Application Type: New Application Created Date: 03/28/2019 QUESTIONS & ANSWERS 012 Restaurant 1) If you intend to operate the business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01.Would you like to apply for an Interim Permit? If yes,after completing this application,please go back to your Licensing screen,under New License Application choose"Interim Permit"from the drop-down window. No 2) Have you submitted a questionnaire?Each person listed must submit a questionnaire and mail in a fingerprint card along with a$22.processing fee per card. Yes 5) Are you a tenant?(A person who holds the lease of a property;a lessee) Yes A Document of type LEASE is required. 6) Is there a penalty if lease is not fulfilled? Yes What is the penalty? TERMINATION 7) Are you a sub-tenant?(A person who holds a lease which was given to another person(tenant)for all or part of a property) No 8) Are you the owner? No 9) Are you a purchaser? No 10) Are you a management company? No 11) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 12) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. $30,000.00 FRANK ROCKWELL 34218 N BARBARA DR SAN TAN VALLEY AZ 85142 13) Have you provided a diagram of your premises? Yes 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. CONTIGUOUS 16) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No 17) Have you provided a Restaurant Operation Plan form? Yes 18) Have you provided a Records Required for Audit form? Yes Page 3 of 3 . R : --/ . „ i e j a� - ■r • ,VIe imam -- • ;,; ` - . : J 't I j . • 41 O i 411111-1 • �► • • • 1,. # • S*" �r t MEND~ u'n'w' ii uHt- i:r ' ILL ' T11111 e : aim -►1111.11W • HIFI :a gip •■ •;, to • Ina /IV i'latT at *: Pill V •V + • t i " Ili ��►1�' • b. p ♦ * . • • s • • • • s 1IN 'II! I. III !, Ai0 '�• •�•oSo i CISO , • als or! il; t' t/•/' * • . - 005: Lik.:.. :=111111111111110 ; . Ira e V1111111111 IIIaIIII( Eir • • as* 4' § * dh IR Lig • • 4 4 4 Arizona Department of Liquor Licenses and Control DLLC USE ONLY 800 W Washington 5th Floor Job#: 42_,3 Phoenix, AZ, 85007-2934 *..: _ ,s www.azliquor.gov ;cs'�tioco °, (602)542-5141 4R/ZONP RESTAURANT OPERATION PLAN 1. Name of restaurant (Please print): Fireside Grill 2. List equipment below by Make,Model,and Capacity:(PROVIDE THE FOLLOWING ITEMS ONLY, NO ATTACHMENTS) Grill US Range 48" Grill PS-48G-28 Oven Garland Double Oven MCO-GS-205 Freezer Victory 8' X 9' Refrigerator Victory 8' X 17' Sink Advance 7-PS-60 Dish Washing Facilities ADS 44" Upright- ADC 44 Food Preparation Counter (Dimensions) Advance 96"Stainless Steel TKSS-308 Other Frymaster Fryer Battery System MS-45SC/FP04 3. Attach a copy of your full menu including prices (examples:Breakfast,Lunch,Dinner,and Nonalcoholic beverages). 4. List the seating capacity for: a. Restaurant dining area of your premises: (Do not include patio seating) 160 b. Bar area of your premises: [+ 20 1 c. Total dining and bar seating capacity of your premises: [= 180 1 5. What Type of dinnerware and utensils are utilized within your restaurant? ❑✓ Reusable ❑ Disposable ❑ Both 6. Does your restaurant have a bar area that is distinct and separate from the dining area? ❑YES ✓❑ No (If yes,what percentage of the public floor space does this area cover?) 7. What percentage of your public premises is used primarily for restaurant dining? (Do not include kitchen,bar,hi-top tables,or game area.) 70 % 8/22/2018 Page 1 of 2 Individuals requiring ADA accommodations call(602)542-9027. 8. Does your restaurant contain any games,televisions,or any other entertainment?IN YES ❑ No (If yes,specify what types and how many(examples:4-TV's,2-Pool Tables, 1-Video Game,etc.) &- >CLE tiV1 $i D)Q S 9. Do you have live entertainment or dancing? D YES sit No (If yes,what type and how often 8.5 example:DJ-2 x a week,Karaoke-2 x a month,Live Band-1 x a month,etc.) 10. Use space below to list how many employees for each position to fully staff your business. Position How many Cooks 0 Bartenders :3 Hostesses 1 Managers / Servers J Other( j)iS/MJA.5N�"2..5 ) 3 Other( ) Other( ) I, 645E4 r�A 1 1 CI CARD OAK] , hereby declare that I am the APPLICANT filing this application. I have read thi a lication a he contents and all statements true, correct and complete. X gnature o PPLICANT) - NOTARY 1 State of A Z0011s County of mAk I(DM The foregoing instrument was acknowledged before me this©3lc day of cL-- eeLok 9 IDa Mo Year My C o ,, ExpiresCUyi CNATION L tij.‘ I re of Notary Public `' Notary Public-RHlna /%1 ' �. 1 MARICOPA COUNTY4 'O My CornrnI55rurr tApn es '" JULY 25, 2019 8/22/2018 Page 2 of 2 Individuals requiring ADA accommodations call(602)542-9027. ^ Appetizers Chicken Tenders Fried Mushrooms Chips and Salsa Hand breaded to order chicken Mushrooms hand battered to order Our freshly made house salsa served with tenderloins served with choice of dressing and fried to perfection served with corn tortilla chips.7.99 and fries 9.99 horseradish sauce 7.99 Quesadilla Buffalo Wings Potato Skins 14 inch flour tortilla stuffed with cheddar jack 1 pound fried wings tossed in your choice of Our house made jumbo potato skins filled cheese and Pico de Gallo.8.99 sauce served with celery and ranch or blue with mixed cheese&bacon,topped with Add Chicken 3.00 w cheese dressing 10.99 chives and sour cream 9.99 Add Ground Beef 3.00 Wing Sauce Choices: Bruschetta Fireside Onion Fries Mild, Medium, Hot, BIN, Honey 13IIQ, Chopped tomatoes,red onions,garlic,basil A generous portion of fresh cut onion strips, Teriyaki, Parmesan Garlic, and virgin olive oil served on top of sliced hand breaded and fried to perfection served Cajun Pry Rub,Sweet Chili Crostini drizzled with balsamic reduction 9.99 with house made ranch 6.99 Salads & Soups Dressing Choices:Ranch,Fireside Ranch,Blue Cheese,Thousand Island,Balsamic,Italian,Honey Mustard,Caesar,French,Oil&Vinegar * Salmon Salad - Chicken Caesar Salad Cobb Honey-ginger glazed salmon filet on top of A choice of grilled,crispy or cajun chicken Mixed greens topped with grilled chicken, a bed of mixed greens,feta cheese,diced on top of a bed of Romaine lettuce, hardboiled egg,avocado,cucumber, tomatoes,green onions,mandarin oranges, tossed with Caesar dressing,parmesan, tomato,bacon and mixed cheese 11.99 served with a balsamic vinaigrette dressing. and croutons 12.99 Blackened available upon request 14.99 Soup of the Day Bowl 5.99 Cup 3.99 Sandwiches All sandwiches are served with French Fries and a pickle spear.Choose from white,wheat,rye bread or croissant Add a signature side,cup of soup or side salad 1.99 B.L.T.T.A. Fireside Fish Sandwich Chicken Sandwich Turkey,sliced bacon,avocado,lettuce, 6 oz of prime cod,hand battered and fried Choose from a grilled or breaded chicken tomatoes,and mayo served on a golden brown,served with with tarter sauce breast,topped with cheddar cheese, croissant 12.99 on a country bun.10.99 served on a grilled bun.10.99 Club Sandwich Add cheese for 1.00 Pastrami Rueben Smoked ham,turkey,lettuce,tomatoes, Lean pastrami,swiss cheese,sauerkraut, bacon,American cheese,grilled or chilled Thousand Island dressing,served served on your choice of bread 10.99 on grilled marble rye 10.99 Burgers All burgers served with french fries and pickle spear. Add a signature side,cup of soup or side salad 1.99 *Classic Burger *Patty Melt *The Mushroom Swiss 1/2 pound beef patty,lettuce, 1/2 pound beef patty on grilled rye bread, 1/2 pound beef patty,sauteed mushrooms tomato and red onion 9.99 with Swiss cheese and grilled onions 11.99 in wine and garlic butter,topped with Add cheese for 1.00 Swiss cheese,served on a Add bacon for 1.49 grilled country bun 12.49 Entrees Fireside Fish and Chip Chicken Alfredo Grilled Chicken Breast Prime cod hand battered and served Grilled chicken breast on top of fettuccine Two grilled chicken breasts served with your with fries,coleslaw,tartar sauce,and noodles with our house made Alfredo sauce, choice of two sides and a dinner roll 12.99 a dinner roll 14.99 served with garlic toast 15.99 Chicken Parmesan *Honey-Ginger Glazed Salmon *New York Strip Hand breaded chicken topped 6 oz honey-ginger glazed grilled salmon, Tender USDA Choice steak seasoned and with marinara sauce and melted mozzarella, served with our roasted garlic mashed served with your choice of two sides served with a side of spaghetti potatoes,and vegetable of the day 17.99 and a dinner roll 19.99 and garlic toast 14.99 Add mushrooms and onions for 2.99 Beverages 2.49 COKE,DIET COKE,SPRITE,DR PEPPER,LEMONADE,ICE TEA,HOT TEA,COFFEE JUICES(no refills) SMALL 1.50• TALL 2.99 (PINEAPPLE,ORANGE,CRANBERRY,GRAPEFRUIT,TOMATO,CLAMATO,APPLE) Sides Desserts 2.99 Ice Cream Sundae 5.99 House Made Coleslaw Apple or Cherry Crisp 5.99 French Fries Chocolate Chip Brownie Sundae 5.99 Vegetable Of The Day • House Made Garlic Mashed Potatoes *Consuming raw or undercooked meats,seafood,shellfish or eggs may increase your risk of food borne illness • • Arizona Department of Liquor Licenses and Control 'YseriA. 1. ? 800 W Washington 5th Floor �s� Phoenix, AZ 85007-2934 +`; `y0�•+�/* www.azliquor.gov s' c°x `.�f�. (602) 542-5141 -0RIZONp' V RECORDS REQUIRED FOR AUDIT Applies to Series 11 (Hotel/Motel W/Restaurant) &Series 12(Restaurant) Only MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit,you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4-205.02(G).Such documents requested may include however, are not limited to: 1.All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. 2.A list of all food and liquor vendors 3.The restaurant menu used during the audit period 4.A price list for alcoholic beverages during the audit period 5.Mark-up figures on food and alcoholic products during the audit period 6.A recent,accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) 7.Monthly Inventory Figures-beginning and ending figures for food and liquor 8.Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10.General Ledger A.Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc.with sales for that day) 2) Daily Cash Register Tapes Journal Tapes and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11.Tax Records A.Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return-city,state and federal (copies) C.Any supporting books, records,schedules or documents used in preparation of tax returns 12. Payroll Records A.Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S.§4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages 9/4/2015 Individuals requiring ADA accommodations please call(602)542-9027 13. Off-site Catering Records (must be complete and separate from restaurant records) A.All documents which support the income derived from the sale of food off the license premises. B.All documents which support purchases made for food to be sold off the licensed premises. C.All coupons/specials/discounts The sophistication of record keeping varies from establishment to establishment.Regardless of each licensee's accounting methods,the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 44-210(A)7 AND A.R.S.§4-205.02(G). A.R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices,records, bills or other papers and documents relating to the purchase,sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase,sale and delivery of food. A.R.S. §4-205.02(G) For the purpose of this section: 1."Restaurant" means an establishment which derives at least forty percent(40%)of its gross revenue from the sale of food 2."Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. NOTARY I,(Print Full Name) SE"4 ?IN 1 g_ Ck_c)GAO, ,have read and understand all aspects of this statement • X(Signature) ZO.& State of i71e i Z County of 71219R f6L .I1 ontrolling son/Agent the foregoing Instrumentt�waaspacknowledged before me this OF ICIAL SEAL �Co yrn of ICe.8,`L/nv Y AMY NATIONS y Notary Public-Arizona Day Month or M co u t PIRIU pgICoPA COUNTY •Nrr '* My Commission Expires ru JULY 25, 2019 n um of NOTARY PUBLIC MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE 9/4/2015 Individuals requiring ADA accommodations please call(602)542-9027 11.1 r Arizona Department of Liquor Licenses and Control , Jd? ,u 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov .,„, (602) 542-5141 R'zO" QUESTIONNAIRE �ti; A.R.S.§4-202, 4-210 Type or Print with Black Ink go 7 d The fees allowed by R19-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legally binding document. Please type or print in black ink. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments:Social security and birth date information is confidential.This information may be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A$22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. Liquor License#: 5 R/ 2_3 1. Check the Appropriate Box -o- [J Controlling Person A ent ❑Premises Manager (complete all questions except#12) 2.Name:�75 (�� Ce\/ t c- j C Birth Date:O'f / ZO/ Lkf First Middle (NOT a public record) 3. Social Security#: (9Q0-Slo-Cl i qc Driver License#: {!�(`12S439 ( State: AZ. 11 4. Place of birth: Phoent)( Az- U ' Height: .� -� Weight: 1 fO Eyes:2,1 tie Hair: 13roziVi City Slate COUNTRY(not county) 5. Name of current/most recent spouse: Birth Date: / / Last First Middle (NOT a public record) 6.Are you a bona fide resident of Arizona? [6Yesc to If yes,what is your date of residency: 04/20/)C) f k 7. Daytime telephone number: (c,OZ-?..)%-Co114.,J E-mail address: �tt erisi•:,,}Ce ( P Vicliil ,('C7"1 8. Business Name: '�4 �? fr j (' .l) Business Phone: 4SSO/trSl() /g047 9. Business Location Address: t2'oo N llrt f C? 'NV z1 courAtin \3 \5 AZ._ ' 0 co,wk --2-L$- Street (do not usefei Box) City State County Zip 10. List your employment or type of business during the past five '5) years.If unemployed,retired,or student,list residence address. FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month/Year Month/Year (Street Address,City,State&Zip) C 12.ot7 CURRENT Pry. 4c Ed,n epr h t�ItiVrfa,cceti 925 W GC ,A; 1Jti er1Ji A cs52.5S3 d7(00 2'I2.O17 CIe'K u 's °ri,,�� �#�ce 1Zf7 S }' r^ �,Ttops A Tr- 2. i 2Z' 6vi-1Q., Ave t I2-01?- 06/26r i GeAe er,1 AD,(10,6rf y� ,, Rui-itr 0,41fre t LI G Fiq— ecc't AZ r4,00y (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/1 1/2018 Page 1 of 2 Individuals requiring ADA accommodations please call (602)542-2999 . 1 1.Provide your residence address inforn,.. ion for the last five (5) years:A.R.S. §4-202(,�, FROM TO RESIDENTIAL Street Address Month/Year Month/Year 1 n 7 (5/_ I.10.1 CURRENT (loot- W 2if`e1 5f L,,,s'l. c 0,et,,ii�/ I .A,� �03 OS FLO ikk b(t,l 20VI 1:1 w uD')ui rsvLI AvP 1 ISZ. FlnTi-v -4i-�F� oG( I)512_n 13 os-(2-01N in-0 W •tc..0,�i , LA 1-7 4 F1a S\-,,w, A2. f OO I (ATTACH ADDITIONAL SHEET IF NECESSARY) 12.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? Ev]' es[alo If you answered YES,then answer#13 below. If NO,skip to#14. 13. Have you attended a DLLC approved Basic &Management Liquor Law Training Course within the past 3 - years? 14.Have you been cited,arrested,indicted,convicted, or summoned into court for violation of ANY criminal EEYes[ lo law or ordinance, regardless of the disposition,even if dismissed or expunged,within the past five (5)years? 15. Are there ANY administrative law citations,compliance actions or consents, criminal arrests,indictments or ❑YesElo summonses pending against you? (Do not include civil traffic tickets.) A.R.S.§4-202,4-2 10 16.Has anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation?❑Yes[dlo 17. Have you had a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona QYes Flo within the last five years?A.R.S.§4-202(D) ❑Yes o 18. Has an entity in which you are or have been a controlling person had an application or license rejected, denied,revoked or suspended in or outside of Arizona within the last five years?A.R.S.§4-202(D) If you answered "YES"to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I(Print Full Name) C45-E\i 74I t I(K G�ogA!J hereby declare that I am the Agent/Controlling Person/ Premises Manager filing this application.I have read this document and verify the contents and all statements are true, correct and complete,to the best of my knowledge. Signature: ",,,,,V State of /tJe,)ZOh.IL,_ County of mAf...1(CPA The foregoing instrument was acknowledged before me this My Comrnissi•-. ,' . -s on: OFFICIAL SEAL , 6' �4 Day of FG/XW/l��` Q wr.•* �CMY NA j,��5 Day Month Yea '--1 •o. Notary Publi�='lzrizona ^z, NMARICOPA COUNTY "too009` My Commission Expires JULY 25, 2019 5 n u of Notary The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: __ SIGNATURE: 1/11/2018 Page2of2 Individuals requiring ADA accommodations please call(602)542-2999 A 40 ,v, ' State of Arizona Department of Liquor Licenses and Control "'- 4 I ^ 800 W. Washington 5t Floor - Phoenix, AZ 85007 #`'� 4°.p (602)542-5141 4Ferzallo` ARIZONA STATEMENT OF CITIZENSHIP OR ALIEN STATUS FOR STATE PUBLIC BENEFITS Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt"qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrant, and certain aliens paroled into the United States are eligible to receive state, or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United Slates is authorized under federal law. Directions:AR applicants must complete Sections I, II,and IV.Applicants who are not U.S.citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s) from the attached"Evidence of U.S. Citizenship, U.S. National Status,or Alien Status"with your application for license or renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph. You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence Is not the same as your current legal name. SECTION I-APPLICANT INFORMATION INDIVIDUAL OWNER/AGENT NAME(Print Of type) Casey Patrick Grogan SECTION II-CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? I✓fYes ❑No If Yes,indicate place of birth: City Phoenix State (or equivalent) Arizona Country or Territory United States If you answered Yes, 1) Attach a legible copy of a document from the attached list. 2) Name of document: Arizona Drivers License Go to Section IV. If you answered No,you must complete Section Ill and IV. 9/17/2018 Page 1 of 3 Individuals requiring ADA accommodations please call(602)542-9027 • SECTION III-ALIEN STATUS DECLARATION To be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box, Attach a legible copy of a document from the attached list or other document as evidence of your status. Name of document provided Qualified Alien Status (8 U.S.C.§§ 1621(a)(1),-1641(b) and (c)) n 1• . An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) n 2• . An alien who is granted asylum under Section 208 of the INA. n 3. A refugee admitted to the United States under Section 207 of the INA. El 4. An alien paroled into the United States for at least one year under Section 212(d)(5) of the INA. I 15. An alien whose deportation is being withheld under Section 243(h)of the NA. n 6• . An alien granted conditional entry under Section 203(0)(7) of the INA as in effect prior to April 1,1980. n7• . An alien who is a Cuban/Haitian entrant. n8. An alien who has,or whose child or child's parent is a"battered alien'or an alien subject to extreme cruelty in the United States. Nonimmigrant Status (8 U.S.C. § 1621(a)(2)) n9. A nonimmigrant under the Immigration and Nationality Act[8 U.S.0§ 1101 et seq.] Non immigrants are persons who have temporary status for a specific purpose.See 8 U.S.0§ 1101(a)(15). Alien Paroled into the United States for Less Than One Yea (8 U.S.C.§ 1621(a)(3)) l l 10. An alien paroled into the United States for less than one year under Section 212(d)(5) of the INA Other Persons (8 U.S.0 § 1621 (c)(2)(A) and (C) C11. A nonimmigrant whose visa for entry is related to employment in the United States,or n1• 2. A citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect (Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U.S.C. § 1901 etseq.); 013. A foreign national not physically present in the United States. Otherwise Lawfully Present 14. A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE:The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure.See 8 U.S.C. §1621(a). 9/17/2018 Page 2 of 3 Individuals requiring ADA accommodations please call(602)542-9027 SECTION IV - DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers and evidence I have given ore true and correct to the best of my knowledge. Casey Patrick Grogan Individual wneyAgent Printed Name 03/27/2019 tnd�v uaI Own /Agent Signature Today s Date EVIDENCE OF U.S. CITIZENSHIP, U.S. NATIONAL STATUS, OR ALIEN STATUS You must submit supporting legal documentation(i.e. marriage certificate)if the name on your evidence is not the same as your current legal name. Evidence showing authorized presence in the United State includes the following: I. An Arizona driver license issued after 1996 or an Arizona non-operating identification card. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) 4. A United States certificate of birth abroad. 5. A United States passport.***Passport must be signed*** 6. A foreign passport with a United States visa. 7. An 1-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or bureau of Indian affairs affidavit of birth. 13. Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 9/17/2018 Page 3 of 3 Individuals requiring ADA accommodations please call(602)542-9027 .. - . _ . ..._ -, • t :_ lei- lc) mifsi 21.--; LigY. L....,. i-u-litj44 . , ExpireS , :"-,-- t. ,- . _ - . .. 'LON Date of Birth fr .r" '-" .--:t issued 8 .0.4,-.ito , '..) . t ,.,.. . .... r: , . . ....... . . ; . ,diteJ .7 ,- ".• p‘jr,..„..„.„,..„,,... 1 Certificate # ALIC03052019 El On-sale Certificate of Completion 0 Off-sale For *On- and off-sale Title 4 BASIC Liquor Law Training A Certificate of Completion must be on a form provided by the Arizona Department of Liquor. Certificates are completed by a state- approved training provider and,when issued,the Certificate is signed by the course participant. The State requires BASIC Title 4 training only as a prerequisite for MANAGEMENT Title 4 training or as a result of a liquor law violation. Persons required to have BASIC Title 4 training are listed at the base of this Certificate. Licensees sometimes require BASIC Title 4 Training a condition of employment. A replacement Certificate of Completion for Title 4 training must be available through the training provider for two years after the training completion date. Student Information 15ev / C:c o22C ✓1 F II Name(plea print) Signature il/t7;',1 „,,- - 3/05/2019 3/05/2022 `:'"; n.:a Training Completion Date , Certificate Expiration Date CO t * iti ti";0 ` (three years from completion date) J, Training Provider Information �.� Arizona Liquor Industry Consultants -,. Company Name '- :_ P.O. Box 2502, Chandler AZ 85224-2502 Mailing Address (480) 730-2675 Daytime Contact Phone Number I, Kevin Grojean ,certify that the above named individual did successfully complete Instructor Name(please print) Title 4 BASIC Training in accordance with A.R.S. §4-1 12(G)(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section asprovided by A.A.C. R19-1-103(E) and (F). ( 11- ç_ 3 / 05 / 2019 Instructoture Mo Day Year Persons required to complete BASIC&MANAGEMENT Title 4 training: 1)owner(s)actively involved in the daily business operations of a liquor- licensed business of a series listed below 2)licensees,agents and managers actively involved in the daily business operations of a liquor-licensed business of a series listed below In-state Microbrewery(series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance(series 8) Liquor Store(series 9) Private Club(series 14) Hotel/Motel w/restaurant(series 11) 4 Restaurant(series 12) In-state Farm Winery(series 13) Beer&Wine Store(series 10) Liquor license applications(initial and renewal)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. The questionnaire(which designates a manager to a location)and the agent change form (which assigns a new agent to active liquor licenses) are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. July 11,2013 Certificate # ALIC03052019 Certificate of Completion For Title 4 MANAGEMENT Liquor Law Training A Certificate of Completion must be on a form provided by the Arizona Department of Liquor. Certificates are completed by a state- approved training provider and,when issued,the Certificate is signed by the course participant. Basic Title 4 training is a prerequisite for MANAGEMENT Title 4 training. A valid Certificate of Completion for BASIC Title 4 training must be on file at the Department of Liquor and satisfactory completion of a State-approved BASIC Title 4 course must be verified by the training provider prior to issuing a Certificate of Completion for MANAGEMENT Title 4 training. A replacement Certificate of Completion for Title 4 training must be available through the training provider for two years after the training completion date. Student Information Cic G o n Ful .Ia e(please p ),. / .natureLID F- 03/05/2019 03/05/2022 `1-; Training Completion Date Certificate Expiration Date (three years from completion date) Cl=! Training Provider Information Arizona Liquor Industry Consultants :.r.; Company Name P.O. Box 2502, Chandler AZ 85224-2502 Mailing Address (480) 730-2675 Daytime Contact Phone Number I,_Kevin Grojean ,certify that the above named individual did successfully complete Instructor Name (please print) Title 4 MANAGEMENT Training in accordance with A.R.S. §4-1 12(G)(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provid named in this section as provided by A.A.C. R19-1-103(E) and (F). ( 03 / 05 / 2019 Instructor Sig ature Mo Day Year Persons required to complete BASIC&MANAGEMENT Title 4 training:1)owner(s)actively involved in the daily business operations of a liquor- licensed business of a series listed below 2)licensees,agents and managers actively involved in the daily business operations of a liquor-licensed business of a series listed below In-state Microbrewery(series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance(series 8) Liquor Store(series 9) Private Club(series 14) Hotel/Motel w/restaurant(series 11) Restaurant(series 12) In-state Farm Winery(series 13) Beer&Wine Store (series 10) Liquor license applications(initial and renewal)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. The questionnaire(which designates a manager to a location)and the agent change form (which assigns a new agent to active liquor licenses)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. July 11,2013 ,, c'p ~`, Arizona Department of Liquor Licenses and Control .�. 800 W Washington Sih Floor sy'll Jos :`r Phoenix,AZ 85007-2934 L ) www.azliquor.gov ` ! (602) 542-5141 ftx yocot � ;, '' 4RizooN QUESTIONNAIRE c: A.R.S.§4-202, 4-210 Type or Print with Black Ink Fgq/4 / d The fees allowed by R19-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legally binding document. Please type or print in black ink. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments:Social security and birth date information is confidential.This information may be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A$22 FEE.FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. Liquor License#: F/ 2-3 1.Check the Appropriate Box _o- ❑✓ Controlling Person ElAgent ❑Premises Manager (complete all questions except#12) 2.Name: Olmstead Nicole Devon Birth Date: 02 / 27 /1986 Last First Middle (NOT a public record) 3.Social Security#: 642-07-9752 Driver License#: D04353043 State: Arizona 4.Place of birth: Flagstaff Arizona USA Height: 5' 9 Weight: 180 Eyes: Blue Hair: Red City State COUNTRY(not county) 5.Name of current/most recent spouse: Vivers Michael F. Birth Date: 12 / 29 /I 982 Last First Middle (NOT a public record) 6.Are you a bona fide resident of Arizona? 0✓Yes D\lo If yes,what is your date of residency: January 2005 7.Daytime telephone number: 915-227-7405 E-mail address: nicole_devon@hotmail.com 8.Business Name: Fireside Grill Business Phone: 480/ 816 /9047 9.Business Location Address: 12800 N. Saguaro Blvd Fountain Hills Arizona Maricopa 85268 Street (do not use PO Box) City State County Zip 10.List your employment or type of business during the past five 5) years.If unemployed,retired,or student,list residence address. FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month/Year Month/Year (Street Address,City,State&Zip) 03/18 CURRENT Student Avalon Cosmetology 410 E. Bell Road Phoenix, Arizona 85022 09/16 03/18 Sales AT&T 7530 W. Bell Road Glendale, Arizona 85308 12/05 09/16 Manager Harkins Theater 7511 E. McDonald Drive Scottsdale, Arizona 85250 (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/11/2018 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-2999 11.Provide your residence address inforri„Ation for the last five (5) years:A.R.S. §4-202(LI/ FROM TO RESIDENTIAL Street Address Month/Year Month/Year/D\ Cli CURRENT 1I/53 i,U OW SI- /01)-Lnq(. / -- h—OW (ATTACH ADDITIONAL SHEET IF NECESSARY) 12.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? esalo If you answered YES,then answer#13 below. If NO,skip to#14. 13. Have you attended a DLLC approved Basic &Management Liquor Law Training Course within the past 3 v�Y ,,..;i• years? 14. Have you been cited,arrested,indicted,convicted,or summoned into court for violation of ANY criminal EYesDIVO law or ordinance,regardless of the disposition, even if dismissed or expunged,within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal arrests,indictments or ❑Yes[vlo summonses pending against you? (Do not include civil traffic tickets.)A.R.S.§4-202,4-210 16. Has anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation? ❑YesE to 17. Have you had a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona ❑Yesao within the last five years?A.R.S.§4-202(D) flYesEio 18. Has an entity in which you are or have been a controlling person had an application or license rejected, denied,revoked or suspended in or outside of Arizona within the last five years?A.R.S.§4-202(D) If you answered "YES"to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I(Print Full Name) N 1 WLf- D EvDl'J 0LoY)ST FA el hereby declare that I am the Agent/Controlling Person/ Premises Manager filing this application.I have read this document and verify the contents and all statements are true, correct and complete, to the best of my knowledge. I Signature: / State of Ai ZO/\lA, County of /YI/- 1 C/)/P/4 The Foregoing instrument was acknowledged before me this OFFICIAL SEAL i 7N Day of FM/a 4A/ moo/ My Comrriissi,Is son: AMY NATIONS ',' Notary PubliPaterizona Day Month ear '' `�/,: MARICOPA COUNTY u� My Commission Expires JULY 25, 2019 nature of Notary / r The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: SIGNATURE: 1/1 1/2018 Page 2 of 2 Individuals requiring ADA accommodations please call(602)542-2999 Certificate # ALIC03052019 © On-sale Certificate of Completion ❑ Off-sale For *On- and off-sale Title 4 BASIC Liquor Law Training A Certificate of Completion must be on a form provided by the Arizona Department of Liquor. Certificates are completed by a state- approved training provider and,when issued,the Certificate is signed by the course participant. The State requires BASIC Title 4 training only as a prerequisite for MANAGEMENT Title 4 training or as a result of a liquor law violation. Persons required to have BASIC Title 4 training are listed at the base of this Certificate. Licensees sometimes require BASIC Title 4 Training a condition of employment. A replacement Certificate of Completion for Title 4 training must be available through the training provider for two years after the training completion date. Student Information 11 Name(please print) Signature 3/05/2019 3/05/2022 �. :. Training Completion Date Certificate Expiration Date (three years from completion date) _j Training Provider Information = Arizona Liquor Industry Consultants Company Name P.O. Box 2502, Chandler AZ 85224-2502 Mailing Address T.z•,. (480) 730-2675 Daytime Contact Phone Number I, Kevin Groiean , certify that the above named individual did successfully complete Instructor Name(please print) Title 4 BASIC Training in accordance with A.R.S. §4-1 12(G)(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section asprovided by A.A.C. R19-1-103(E) and (F). as_ 3 / 05 / 2019 Instructor Sig-iature Mo Day Year Persons required to complete BASIC&MANAGEMENT Title 4 training: 1)owner(s)actively involved in the daily business operations of a liquor- licensed business of a series listed below 2)licensees,agents and managers actively involved in the daily business operations of a liquor-licensed business of a series listed below In-state Microbrewery(series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance (series 8) Liquor Store(series 9) Private Club(series 14) Hotel/Motel w/restaurant(series 1 1) Restaurant(series 12) In-state Farm Winery(series 13) Beer&Wine Store(series 10) Liquor license applications(initial and renewal)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. The questionnaire (which designates a manager to a location) and the agent change form (which assigns a new agent to active liquor licenses)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. July 11,2013 Certificate # ALIC03052019 Certificate of Completion For Title 4 MANAGEMENT Liquor Law Training A Certificate of Completion must be on a form provided by the Arizona Department of Liquor. Certificates are completed by a state- approved training provider and,when issued,the Certificate is signed by the course participant. Basic Title 4 training is a prerequisite for MANAGEMENT Title 4 training. A valid Certificate of Completion for BASIC Title 4 training must be on file at the Department of Liquor and satisfactory completion of a State-approved BASIC Title 4 course must be verified by the training provider prior to issuing a Certificate of Completion for MANAGEMENT Title 4 training. A replacement Certificate of Completion for Title 4 training must be available through the training provider for two years after the training completion date. Student Information 1 Ck,VC_ ( Name(please print) Signature 03/05/2019 03/05/2022 Training Completion Date Certificate Expiration Date (three years from completion date) Training Provider Information L; Arizona Liquor Industry Consultants I: Company Name P.O. Box 2502, Chandler AZ 85224-2502 Mailing Address (480) 730-2675 Daytime Contact Phone Number I, Kevin Groiean , certify that the above named individual did successfully complete Instructor Name (please print) Title 4 MANAGEMENT Training in accordance with A.R.S. §4-1 12(G)(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section as provided by A.A.C. R19-1-103(E) and (F). 03 / 05 / 2019 Instructor Signature Mo Day Year Persons required to complete BASIC&MANAGEMENT Title 4 training:1)owner(s)actively involved in the daily business operations of a liquor- licensed business of a series listed below 2)licensees,agents and managers actively involved in the daily business operations of a liquor-licensed business of a series listed below In-state Microbrewery(series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance(series 8) Liquor Store(series 9) Private Club(series 14) Hotel/Motel w/restaurant(series 11) Restaurant(series 12) In-state Farm Winery(series 13) Beer&Wine Store(series 10) Liquor license applications(initial and renewal)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. The questionnaire(which designates a manager to a location)and the agent change form (which assigns a new agent to active liquor licenses) are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor. July 1 1,2013 FAIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL • ' • AGENDA ACTION FORM 0.4 tkit Is my" Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480-816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Saundra McGee, representing the Fountain Hills Theater located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to be held on October 18, 2019 from 3:00 PM to 12:00 AM. Applicant: Saundra McGee Applicant Contact Information: 480-290-3670 Owner: Same Owner Contact Information: Same Property Location: 11445 N, Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary(background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Saundra McGee representing the Fountain Hills Theater 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: 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): Applications SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License Page 1 of 2 Approved: Prepared by: 01:344..../t\ /— \*Alt/L.s..) Grady E.Miller, anager 4/29/2019 Rachael Goodwin,Community Services Director 4/1 1/2019 Director's Approval: Rachael Goodwin,Community ices Director 4/29/2019 Page 2 of 2 04-04-19 09:22 RCVD 04 —19 ^9 :22 RCVD ‘„, BSI FOR DLLC USE ONLY Received Date: o s J cp Arizona Department of Liquor Licenses and Control Job#: \\a 1 = 800 W Washington 5th Floor Phoenix, AZ 85007-2934 CSR: ti ,*'912 ' 1 www.azliquor.gov 5 CONSP/,4(: �4RIZONp (602) 542-5141 License#: APPLICATION FOR SPECIAL EVENT LICENSE Fees: $25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten(10)business days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. SAUNDRA S. 12/03/1948 Applicant: MCGEE, Last First Middle Date of Birth 2. Applicant's mailing address: 17216 E. ALTA LOMA FOUNTAIN HILLS AZ 85268 Street City State Zip 3. Applicant's home/cell phone: (480) 290-3670 Applicant's business phone: (480 ) 837-9661 4.Applicant's email address: SANDI@FHTAZ.ORG SECTION 2 Name of Organization,Candidate or Political Party/Gov.: FOUNTAIN HILLS THEATER, INC. SECTION 3 Non-Profit/IRS Tax Exempt Number: 74-2519451 SECTION 4 Event Location: FOUNTAIN HILLS THEATER, INC. Event Address: 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 10/18/2019 FRIDAY 3 PM 12 AM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call(602)542-2999 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police 1 Number of Security Personnel ❑Fencing OBarriers Explanation: SIGNAGE AND BARRIERS WILL BE USED TO CONTROL THE LIQUOR SERVICE AREA. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?['Yes DNo (If yes,Local Governing Body Signature not required) Name of Business License Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use DJispense and serve all spirituous liquors under retailer's license mispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? ElOn-site consumption 00ff-site (auction/wine/distilled spirits pull) DBoth SECTION 10 1. Has the applicant been convicted of a felony,or had a liquor license revoked within the last five (5) years? ❑Yes❑`'NO(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 5 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ['Yes ONo If yes, please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11,or 12 licensee to manage the sale or service of alcohol? ❑Yes❑No If yes, please provide the following:Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name FOUNTAIN HILLS THEATER INC. Percentage: 100% Address 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 Name Percentage: Address State Bp Sheet City 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call(602)542-2999 Please read A.R.S. §4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. I, (Print Full Name) SAUNDRA S. MCGEE hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify th the information nd statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature: LOCAL GOVERNING BOARD Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City,Town,County) Signature Date Phone DLLC USE ONLY ❑APPROVAL DDISAPPROVAL BY: DATE: A.R.S. §41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees;enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call (602)542-2999 ... -. ,-.-. ;•,,i 1,,vv.:1:e:A,. ' -.1 , ,A. 1.91:77,,,,,iti,IMI,*, R, "t'..",r4j. -'_1,:''e-!._'4..-' .1;',.!,,:g- 1.•-t0'..,-''.igt.. ''. ,ii,-1 ,,„,,, , ;,,, .-1 ''.,..? , ,3trA04,1*.v-,.. ' 1` ' • _I '11'''-'1•:,'-."7-,;,•:,':•-',;q4I'Vf,C,i;,i...'.,•,',.0,;•,.•. ••,••fr Ff..I':'t,'kli.•',''''Iv.i,1•414-..1.t-q,, . -_,Y„,•:'1. - ' ,'! ' ''' -4.,- ..--I '..;-` : '', . 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'',,,i I.I 'WV,% laat;&,,,/,'___,.:_____ - '''' •,,' .--7-71r;---,-•-_•Z.:,-..,,,. -,,',:j.,.: '*L'IiI,Y,L'it.'-:,St, J.. - it,,o, :r., ____ . .. .. _ , _, til A -- • c ��yTAIN�rt 44 o TOWN OF FOUNTAIN HILLS Z n TOWN COUNCIL 1 4 AGENDA ACTION FORM �rhar is frov"� Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480-816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Saundra McGee, representing the Fountain Hills Theater located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to be held on June 10, 2019 from 3:00 PM to 12:00 AM. Applicant: Saundra McGee Applicant Contact Information: 480-290-3670 Owner: Same Owner Contact Information: Same Property Location: 11445 N, Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Saundra McGee representing the Fountain Hills Theater 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: 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): Applications SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License Page 1 of 2 Prepared by: Approved: C. • \AA;(Aot , Rachael Goodwin,Community Services Director 4/11/2019 ra .Miller, own er 4/29/2019 Director's Approval: Rachael Goodwin,Co uni ices Director 4/29/2019 Page 2 of 2 04-04-19 09 :22 RCVD FOR DLLC USE ONLY f M,$ Received Date: 7J ,, � .., Arizona Department of Liquor Licenses and Control Job#: `'3' �'•,✓ 800 W Washington 5th Floor Phoenix, AZ 85007-2934 CSR: *1912 * www.azli uor. ov ftt.A. � ti q 9 �4RtZONP (602) 542-5141 License#: iNfy APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten(10)business days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: MCGEE, SAUNDRA S. 12/03/1948 Last First Middle Date of Birth 2. Applicant's mailing address: 17216 E. ALTA LOMA FOUNTAIN HILLS AZ 85268 Street City State Zip 3. Applicant's home/cell phone: (480) 290-3670 Applicant's business phone: (480 ) 837-9661 4. Applicant's email address: SANDI@FHTAZ.ORG SECTION 2 Name of Organization, Candidate or Political Party/Gov.: FOUNTAIN HILLS THEATER, INC. SECTION 3 Non-Profit/IRS Tax Exempt Number: 74-2519451 SECTION 4 Event Location: FOUNTAIN HILLS THEATER, INC. Event Address: 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 06/10/2019 Monday 3 PM 12 AM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call (602)542-2999 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police 1 Number of Security Personnel ❑Fencing DBarriers Explanation: SIGNAGE AND BARRIERS WILL BE USED TO CONTROL THE LIQUOR SERVICE AREA. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?Dyes❑No (If yes,Local Governing Body Signature not required) Name of Business License Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. JDlace license in non-use OJispense and serve all spirituous liquors under retailer's license dispense and serve all spirituous liquors under special event DSplit premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? DOn-site consumption DOff-site (auction/wine/distilled spirits pull) DBoth SECTION 10 1. Has the applicant been convicted of a felony,or had a liquor license revoked within the last five (5) years? ❑Yes ONo(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 5 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑Yes CINo If yes, please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? ❑Yes EJNo If yes, please provide the following:Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name FOUNTAIN HILLS THEATER INC. Percentage: 100% Address 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 Name Percentage: Address Street City State Zip 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call(602)542-2999 Please read A.R.S. §4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. DIAGRAM If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. I, (Print Full Name) SAUNDRA S. MCGEE , hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify hat the informaf n and sta ments that I have made herein are true and correct to the best of my knowledge. Applicant Signatur LOCAL GOVERNING BOARD Date Received: recommend EAPPROVAL 0 DISAPPROVAL (Government Official) (Title) On behalf of (City,Town,County) Signature Date Phone DLLC USE ONLY DAPPROVAL ODISAPPROVAL BY: DATE: A.R.S. §41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees;enforcement;notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call (602)542-2999 .` ‘h t''. ....." .11,‘,...,,,,,,,m,,-....74-',-,,,K;,,z,4:,,'"" -r,,t,,se • ,_ ., ..-,Th "'' -' - . • ,, ',..-41til 1,,' c,Z',7611,''0' -,- • ." '';',_,;',V,:4#.j. 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U) I cam; t S N i`AI"'tirt TOWN OF FOUNTAIN HILLS i TOWN COUNCIL AGENDA ACTION FORM that is Artiti Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480-816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Saundra McGee, representing the Fountain Hills Theater located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to be held on September 6, 2019 from 3:00 PM to 12:00 AM. Applicant: Saundra McGee Applicant Contact Information: 480-290-3670 Owner: Same Owner Contact Information: Same Property Location: 11445 N, Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Saundra McGee representing the Fountain Hills Theater 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: 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): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License Page 1 of 2 Prepared by: Approved: c.. e V'‘A/t Rachael Goodwin,Community Services Director 4/11/2019 Grady E.Miller, own ager 4/29/2019 Director's Approval: Rachael Goodwin,Community S es Director 4/29/2019 Page 2 of 2 04-04-19 09:22 RC FOR DLLC USE ONLY Re: ed eiv Date: ,`0R LICF �`OV<HE STq 1 ,.� cS.4. Arizona Department of Liquor Licenses and Control #: ��11 E,'. � 800 W Washington 5th Floor / L.) Phoenix, AZ 85007-2934 CSR: :�qN 912 4 s www.azliquor.gov S,,t� �CON " (602) 542-5141 License#:gRlZoNp :yr APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten(10)business days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director,or Chairperson of the Organization. 1. Applicant: MCGEE, SAUNDRA S. 12/03/1948 Last First Middle Date of Birth 2. Applicant's mailing address: 17216 E. ALTA LOMA FOUNTAIN HILLS AZ 85268 Street City State Zip 3. Applicant's home/cell phone: (480) 290-3670 Applicant's business phone: (480 ) 837-9661 4. Applicant's email address: SANDI@FHTAZ.ORG SECTION 2 Name of Organization, Candidate or Political Party/Gov.: FOUNTAIN HILLS THEATER, INC. SECTION 3 Non-Profit/IRS Tax Exempt Number: 74-2519451 SECTION 4 Event Location: FOUNTAIN HILLS THEATER, INC. Event Address: 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 09/06/2019 FRIDAY 3 PM 12 AM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call(602)542-2999 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police 1 Number of Security Personnel ❑Fencing OBarriers Explanation: SIGNAGE AND BARRIERS WILL BE USED TO CONTROL THE LIQUOR SERVICE AREA. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes ONo (If yes,Local Governing Body Signature not required) Name of Business License Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. Glace license in non-use DDispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? OOn-site consumption ❑Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5)years? ❑Yes❑`'NO(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 5 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑Yes ICINo If yes,please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11,or 12 licensee to manage the sale or service of alcohol? ❑Yes ONo If yes, please provide the following:Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name FOUNTAIN HILLS THEATER INC. Percentage: 100% Address 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 Name Percentage: Address Sheet Cily State IIp 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call(602)542-2999 Please read A.R.S. §4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM lithe special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. I, (Print Full Name) SAUNDRA S. MCGEE hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify t t the informati and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signatur LOCAL GOVERNING BOARD Date Received: I, recommend ❑APPROVAL 0 DISAPPROVAL (Government Official) (Title) On behalf of (City,Town,County) Signature Date Phone DLLC USE ONLY ❑APPROVAL ❑DISAPPROVAL BY: DATE: / / A.R.S.§41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees;enforcement;notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call(602)542-2999 i . ,_. f• 1 ' ' Aff,,i'„••,,,'• I..'r.1',,,...4r!:,1•,,,''t''r..;`-a,•.•,',,,...5`:',,,...:V!N,:,•4:R111 ina1;c.l'1;."t,1%.ici-1;k-C,.,/''cW,{i../,'"..4:--t•,V, ,4'.7.( ''''•,'''. 4''5'''':,',,V,,,•,:.l7'M.-.L..;-'.4r'114: „V'. 'r.i - 4,-::rm'-4•.i,,,' ,4'.',:1•=.7. ,,',..:101••ti, ''';1,5}1,141•.1%;-',. . 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'-; ,...t v•-• "). ,111,:;,t,:r,.T,,-.47,,,,zip:,„44.,,o.,,; o ,r,,t1t,14,,„344,-•,- i„4 - . .•,. . ,,...,• ______ s � C C I � t FAIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM *at is my' Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480-816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Saundra McGee, representing the Fountain Hills Theater located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to be held on December 6, 2019 from 3:00 PM to 12:00 AM. Applicant: Saundra McGee Applicant Contact Information: 480-290-3670 Owner: Same Owner Contact Information: Same Property Location: 11445 N, Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary(background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Saundra McGee representing the Fountain Hills Theater 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: 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): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License Page 1 of 2 Prepared by: Approved: ir\l‘A' Rachael Goodwin,Community Services Director 4/11/2019 Gra . Miller, ager 4/29/2019 Director's Approval: Rachael Goodwin,Community e ' es Director 4/29/2019 Page 2 of 2 0/- n4 _1Q 0Q : P3 RCVO FOR DLLC USE ONLY ��R Ll�k,,_, Received Date: Arizona Department of Liquor Licenses and Control ..,,..,.. Job#: �! k , 800 W Washington 5th Floor Phoenix, AZ 85007-2934 CSR: cR:iC1011;VA www.azliquor.gov �gR�Z�Np (602) 542-5141 License#: APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten(10)business days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: MCGEE, SAUNDRA S. 12/03/1948 Last First Middle Date of Birth 2. Applicant's mailing address: 17216 E. ALTA LOMA FOUNTAIN HILLS AZ 85268 Street City State Zip 3. Applicant's home/cell phone: (480) 290-3670 Applicant's business phone: (480 ) 837-9661 4. Applicant's email address: SANDI@FHTAZ.ORG SECTION 2 Name of Organization, Candidate or Political Party/Gov.: FOUNTAIN HILLS THEATER, INC. SECTION 3 Non-Profit/IRS Tax Exempt Number: 74-2519451 SECTION 4 Event Location: FOUNTAIN HILLS THEATER, INC. Event Address: 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 12/06/2019 FRIDAY 3 PM 12 AM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call (602)542-2999 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police 1 Number of Security Personnel DFencing OBarriers Explanation: SIGNAGE AND BARRIERS WILL BE USED TO CONTROL THE LIQUOR SERVICE AREA. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?Oyes ONo (If yes,Local Governing Body Signature not required) Name of Business Ucense Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. Q'lace license in non-use dispense and serve all spirituous liquors under retailer's license dispense and serve all spirituous liquors under special event osplit premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT UCENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? OOn-site consumption ❑Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes ONo(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 5 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? DYes ONo If yes,please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? Dyes EINo If yes, please provide the following:Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name FOUNTAIN HILLS THEATER INC. Percentage: 100% Address 11445 N. SAGUARO BLVD. FOUNTAIN HILLS, AZ 85268 Name Percentage: Address Street City State np 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call(602)542-2999 1 Please read A.R.S. §4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE, SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTAcH DIAGRAM If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. I, (Print Full Name) SAUNDRA S. MCGEE , hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify t t the informaf n and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature LOCAL GOVERNING BOARD Date Received: recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Tu te) On behalf of (City,Town,County) Signature Date Phone DLLC USE ONLY ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S.§41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees;enforcement;notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call (602)542-2999 cN • •A, r �r r f 1 ,, k, ( .11; v,4 t r Cn.° -7's .4 r 11 / Vs aJ ,JMI,r 151� JiT i'I�i .'i}FY'r7lfFi5� 3 4, f. I s r k t ,.I h r .&I'Lr tr r f.t q...0. } . O f y V 59 Gv ,1• Ili � '.. {5 N�f �, �`• sf`i'). + t ��1� (fr y,.1,s 1 cN ;;ti '...4 ' ;,,,;;;;,,..viv;;,u, ' {1 nit.D ii#Iii..--, . ,r;,-.40;iltry � {,� 4 Bar' i � , ti� , Y �i ' �yr T 9s 4t � P �. R }t ti ��' l s[J 1.V1 db b 5 t ti a�91��1tr. 1 l 4 ' t tk `�$0 12 h� r i'l•g s ,,l�y'4� aar : Pry', � :hr.'�f,,,f,-, ..t . F } ,0. ;._ C RC,. • }I ~wtl p9;,,,1i9t h a r' Mai!.' t ,'• 3 ' Tyl'' `'t et gf liA ,a F '.:.7 (�'� 1 .k. . , \tt,• 7.-� 91, F.a, Y' !A .. II' eY'dX�tl Sx l,.yl ';. , ' V z . h:1 ~ k{ n t',} "ItA ', tf tgq fir. ; ' i'(...-,, -. ---7--d . ir 5 A 1 t r s �� h '��.•�. ,',V.i/ \ t 624:,'L ',,,° ',,),' ,,,47,''',- tY,'-''?'','-Z. '-.‘ 7 ,..:_ ,,ti,,, • v,..._.,,-;.„•,,•,\ '� If, ir'Ld,r Zt ;kt51 ; I ��yy�A. /I/ _..a 0 il I I 0 0 a �7 t+ Il ry7 L II �;... , w � bpi � �rs140;1' C 4'1''. ' ,'`i.r.!1.,A1 ��, g} 11 1krP t Y�.�y\ IJ Yd� R i J' .'.y { 1 rl ..JI, �t ��', • II r t 4 +r J 'i' ,i YFiTI - 'A:I4 s0yf� 4l �*rt 1' 1 I ,r 4 d h ,}y Vt Dp i,y 1, . T r t t d" MN TOWN OF FOUNTAIN HILLS h �Oat P n TOWN COUNCIL . AGENDA ACTION FORM 4, � r*at is NvlI' Meeting Date: 3/19/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving an EXTENSION OF PREMISES APPLICATION submitted by Carolyn Redendo representing Softrita's located at 16848 E. Avenue of the Fountains, Fountain Hills, AZ. who will be hosting a beer garden in conjunction with Latino Culture and Cancer Awareness Festival on June 1, 2019. Applicant: Carolyn Redendo Applicant Contact Information: (480) 816-5316,. 16848 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Owner: Same Owner Contact Information: Same Property Location: 16848 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary(background): The purpose of this item is to obtain Council's approval regarding the Extension of Premises liquor license application submitted by Carolyn Redendo representing Sofrita's for submission to the Arizona Department of Liquor. This extension of premises permit is being obtained for the purpose of holding a beer garden in conjunction with the Latino Culture and Cancer Awareness Festival. The application was reviewed by staff for compliance with Town ordinances and staff 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: 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): Applications SUGGESTED MOTION (for Council use): Move to approve the Extension of Premises permit. Page 1 of 2 Prepared by: Approved: a1A/14: \ NA 12/18/2018 Grady E. Miller,To .nager 4/29/2019 Director's Approval: Rachael Goodwin,Comm ty S ices Director 4/29/2019 Page 2 of 2 , t�C�,� DLLC USE ONLY '�'" ''fir` Arizona Department of Liquor Licenses and Control CSR: !-; T ?i' 800 W Washington 5th Floor — Phoenix, AZ 85007-2934 Log#: ,... . �cotfi��f ;; www.azliquor.gov `�44.16 . (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT *OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR* **Notice:Allow 30-45 days to process permanent change of premises** El Permanent change of area of service.A non-refundable$50. Fee will apply.Specific purpose� ` for change: F'0C Ilk,. AMA Lqblvvv CUl7V1G /kIA C'a..vnr.c,,r r16,S5 �PS71 VQ ' ffTemporary change(No Fee)for date(s) of: ‘i /J ///through / //y list specific purpose for change: 1. Licensee's Name: QIoi�n License#: �O S� oC Last , Middlet- 2. Mailing address: \(.S%\ \Z\ ,, � -Qst� \ (v)3(NI "" 4 \ s 1\ Sheet City State Zip Code 3. Business Name: SCN C\ C�. US 4. Business Address: `CY 0�1 , E. At1 k_t-cS-\ `""' rA �cJ R`QzRA\\Zs ) %,2--Cci 1, C Street c \1 �S`\� , `Sl_ _ City State Zip Code 5. Email Address: �� (�( 6. Business Phone Number: cc- `UV z` v.5 Contact Phone Number: 6QZ_ 705 yZ y cl 7. Is extension of premises/patio complete? [XN/A ❑Yes❑No If no,what is your estimated completion date? / / 8. u understand Arizona Liquor Laws and Regulations? Do ❑No 9. Does this extension bring your premises within 300 feet of a church or school? Oyes L1dNo 10.,,H��avve you received approved Liquor Law Training? L�'Yes ❑No 11.What security precautions will be taken to prevent liquor violation s in the extended area? Vie Afe4 to') �f/1 d (3`M 2 SCcu -i1'1 pecScna, I L. i)1 1,4 citg n I'D Grnc( rSSIU? /4/(13 10 .5, 12. IMPORTANT: Attach the revised floor plan, clearly depicting your licensed premises along with the new extended area outlined in black marker or ink, if the extended area is not outlined and marked "extension" we cannot accept the application. 1/25/2017 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-9027 0 Barrier Exemption: an exception to the requirement of bafflers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a licensed premises. List specific reasons for exemption: DApproval ❑Disapproval by DLLC: Date:_j____/ Notary I,(Signature) 4t 6 �•}r 1 ,hereby declare that I am a CONTROLLING PERSON/AGENT filing this notification. I have read this document and the contents and all statements are true,correct and complete. State of Arizona ) County off ) CPI On this 6 Day of —, 20 I(4 —before me personally appeared t cot raci 8 rUW rk Day Month Year (Print Name of Document Signer) Whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be and ack nwledQPri that hp nr she signed the r7 ove/attached document. 0 .a RHONDA M. BRENNEMAN Notary Public-State of Arizona �1 5 r. MARICOPA COUNTY Signature of NOTARY PUBLIC ' ,,,, ' My Commission Expires June 30,2019 (A IA 3cul AL+uvc) GOVERNING BOARD After completion, and BEFORE submitting to the Department of Liquor, please take this application to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. ❑ Approval ❑ Disapproval Authorized Signature Title Agency Date DLLC USE ONLY Approval 0 Disapproval by: Date:__J__J— Investigation Recommendation:0 PP • Director Signature required for Disapprovals: Date:__/_J— 1/25/2017 Page 2 of 2 Individuals requiring ADA accommodations please call(602)542-9027 �ly^fAIN TOWN OF FOUNTAIN HILLS iir$.`"�O \N z n TOWN COUNCIL vor . AGENDA ACTION FORM 0.4 that is Asti Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel(a�fh.az.gov ; 480-816-5112 Marissa Moore; Senior Planner; mmoorea,fh.az.gov ; 480-816-5139 REQUEST TO COUNCIL(Agenda Language): CONSIDERATION OF Resolution 2019-03, abandoning whatever right,title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 23(17234 E. Sunscape Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulation. (EA 2018- 22) Applicant: Judy& Loran Jacobs Applicant Contact Information: 17234 E. Sunscape Drive; Fountain Hills, AZ 85268; Tele. 810-841-0904; E-mail: judjaco@aol.com Owner: Jacobs Family Trust Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: N/A Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 23 (17234 E. Sunscape Drive). The Hillside Protection Easement(HPE) on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999.. The Town's Ordinances do not currently require hillside protection on such small residential lots (this lot is zoned R1-6A PUD); per the Town Council direction at their 2-7-19 Retreat, HPE Abandonment requests submitted prior to that Retreat, may be processed. ((Note: This HPE Abandonment was submitted on 12-3-2018.) In addition to the adjacent neighbors (Staff's standard practice), the Diamante del Lago Homeowners'Association is receiving this Agenda Action Form,for their information. Per their property manager, we understand that the HOA is not opposed to this HPE abandonment. The house on this lot was constructed during the initial subdivision development in 2001. Since this abandonment does not involve a Public Utility Easement, the various utility companies have not been contracted regarding this abandonment. Disturbance of this HPE area will affect less than 1% of the tributary area to the rear drainage channel, and so will create minimal change in its runoff characteristics. The existing Drainage Easement at the northerly side of this lot (which carries the street drainage off of Sunscape Drive) is not affected by abandonment of the HPE area. The applicant should grant a Trail Easement for the existing Lake Overlook Trail segment that lies on both rear corners of this lot, but that has no existing recorded easement. (Note: Grant of this Trail Easement was also a stipulation of the Council-approved Public Access Easement abandonment on Diamante del Lago's streets (Res. 2017-2; EA 2017-03), as had been requested by the Diamante del Lago HOA. EA 2017-03 has not currently been recorded, pending fulfillment of Page 1 of 2 its stipulations.) Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Budget Reference(page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2019-03, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 23, with the following stipulation: • Grant a Trail Easement for the existing Lake Overlook Trail segments located on this lot. List Attachment(s): Vicinity Map; Annotated Aerial Photo; Resolution 2019-03 with Exhibit A map SUGGESTED MOTION (for Council use): Move to approve Resolution 2019-03, abandonment of the Hillside Protection Easement at the rear of the Diam a del Lago subdivision plat, Lot 23, with stipulation. Prepared Approved: 7 c. .v.,44,....4 Randy Harrel, En�ineer 4/23/2019 Grady E.Miller,To ager 4/24/2019 Direc is Approval:// U�Q J n Wesley,Interim Developme Services Director 4/23/2019 Page 2 of 2 RESOLUTION 2019-03 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROPERTY LINE OF DIAMANTE DEL LAGO, LOT 23 (17234 EAST SUNSCAPE DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA(EA 2018-22) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills(the"Town Council"), as the governing body of real property located in the Town of Fountain Hills(the"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the rear property line of Diamante Del Lago, Lot 23, (17234 East Sunscape Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 516 of Maps, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 7th day of May, 2019 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT - LOT 23 G\ � O. ARRIBA DEL LAGO r-- PARCEL C 7o, , \\ \ ,\„A \/ 4 \ / h / \ \ / � 4, ��. - / \ ss, — - - - - J ff ...._ •K 7 NEW TRAIL\ 4 \ .1) EASEMENT \ \ \ RETAIN 10' co p A) ,I,, (BY SEPARATE\ 0 D.E. �� = DOCUMENT) \ �� \ „) Amy \ O \ N10'39'25"W ,C ABANDON HPE zi\\ \ 10.00 1 \ LOT 23 � - \/ ' 1 NEW TRAIL EASEMENT � j` '0' _ / (BY SEPARATE A =66'06'24" / RETAIN 8' \ 1 DOCUMENT) R =45.00' / - P.U.E. I 1 i N 76 46'06n E _ L =51.92' / Il Ill s8 ss' ! S -0 1 11 / So z I � I cgAF I .70 11 1\ O� 1 hi 2 2N I \ a\ •Y, I 11 \� I 11 II // i N 1 ` I 11 // // )4\ 1��,M 5,p LANp W E I 11 // // " II r��� ,��FICATF S G'QL / // W o``� 16545 � Fo S 1 1 �1 // RANDY L. / HARREL / \ S� / 0 15' 30' I $f e \ 9ned mm � \ 11P/IOIVA U1•5'. SCALE: 1' = 30' 1 1 \ 4=v/aife3 3/3A/1\ DATE: 4-23-19 I \ ke ��AIN44- TOWN OF FOUNTAIN HILLS o DEVELOPMENT SERVICES DEPARTMENT z n - _1 VICINITY MAP 9!`that is Ate'� TOWN BOUNDARY McDOWELL MOUNTAIN PARK —-�--— :...,L .v LL\ �'«'i.S3•, �f/ r . _. sEu x°oxwx RD �t�i 41� �, V ,umi m �i�. 'p! v ` U'I s:, WallEilf}II}Irf' , I ��q�i�� - G'�'� `vr�... �v►7� �:',=off: � - x �0. � s .II}fflfl� ilk ��1♦�I 4 rii� ♦ rr�4:'yam ••0 -micrpzatturi i r 2 is*.S 4 tt r�s r , 1`,♦'� • ,`�.��►tl► ,,'•• ` �/ 4% • � ".'cif};6,��, : uuin� I .I,� v�� .• •�yTrfInmv ,•ry (J� . `„., 1uliianyuq` r� I♦� -,4 --,II `�•inrrIpZL_U ..1 , '" - EIIII}I.y'c: VOA .„9, .. pze i -11: r—� Apr ..i 0. �y�yli �• \`�`• 6'i,,Ski�i ystii a - — i•� -. , L. / lnt 61 _ —mock � DR- �— - , /. � o I ic : DEs SCOTTSDALE ,^,_ \ ,"o�Iar." et: ''' -''' ' ri • !IliSIITII:irS , �., • \ � • .N•i•= BS l : : ittsr""' Nt s Illli nm4 . :.� �df3E� iti•n►` "- •igaii'I III�� o�n.� I jT ,I .: ... .,1 ., SCOTTSDALE ' on_ 1 it,-.._-.,'u „i:TT; c:,N0,4:11:404 4 ,,„ I. *.414 Z.:. i;:)1 c1/4-' W �11 E _ s � �� �r��� _ �: x r r NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY SCALE: 1"=3500' tiP �AIN TOWN OF FOUNTAIN HILLS _ n TOWN COUNCIL AGENDA ACTION FORM 4.s..Asti Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel(a.fh.az.gov ; 480-816-5112 Marissa Moore; Senior Planner; mmoorea,fh.az.gov ; 480-816-5139 REQUEST TO COUNCIL(Agenda Language): CONSIDERATION OF Resolution 2019-29, abandoning whatever right,title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 32(17328 E. Sunscape Drive), as recorded in Book 561, Page 20 (a two-lot, lot line adjustment re-plat of Book 516, Page 17), records of Maricopa County, Arizona. (EA 2018-25) Applicant: Richard and Edith Burns Applicant Contact Information: 17328 E. Sunscape Dr.; Fountain Hills, AZ 85268; Tele. 303-859-4001 (Richard)or 303- 827-9903 (Edith); E-mail: edithburns@mac.com Owner: Burns Family Trust Owner Contact Information: 1594 MacCullen Drive, Erie, CO 80506 Property Location: Same as Applicant Related Ordinance, Policy or Guiding Principle: N/A Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the Hillside Protection Easement at the rear of a (two lot re-plat of the) Diamante del Lago subdivision plat, Lot 32 (17328 E. Sunscape Drive). The Hillside Protection Easement(HPE)on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999. (Lot 32 and Lot 33 were later re-platted by the original developer—a lot line adjustment—on 4- 25-2001, with no change to the HPE.) The Town's Ordinances do not currently require hillside protection on such small residential lots (this lot is zoned R1-6A PUD). Per the Town Council's direction at their 2-7-19 Retreat, HPE abandonment requests submitted prior to that Retreat may be processed for abandonment. (Note: This abandonment application had been submitted on 12-2-2018.) In addition to the adjacent neighbors (Staff's standard practice), the Diamante del Lago Homeowners'Association has received this Agenda Action Form,for their information. Per their property manager, we understand that the HOA is not opposed to this abandonment. The house on this lot was constructed during the initial subdivision development in 2001. Since this abandonment does not involve a Public Utility Easement, the various utility companies have not been contracted regarding this abandonment. Disturbance of this HPE affects less than 1% of the drainage area for the downstream channel, and so will create minimal change in its runoff characteristics. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Page 7 of 2 Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2019-06, abandonment of the Hillside Protection Easement at the rear of Diamante del Lago, Lot 32. List Attachment(s): Vicinity Map; Annotated Aerial Photo; Resolution 2019-29 with Exhibit A map SUGGESTED MOTION (for Council use): Move to approve Resolution 2019-29, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago, Lot 32. Prepared by i �`a j Lzio Approved:ji 02.://1..•••" L AAAA"--4 Randy Harrel,Town Engin er 4/20/2019 Grady E. Miller,Town ger 4/24/2019 I irector's Approval: J. n Wesley,Interim Development SerOces Director 4/23/2019 Page 2 of 2 RESOLUTION 2019-29 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROPERTY LINE OF DIAMANTE DEL LAGO, LOT 32 (17328 EAST SUNSCAPE DRIVE), AS RECORDED IN BOOK 561, PAGE 20, RECORDS OF MARICOPA COUNTY, ARIZONA(EA 2018-25) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills(the"Town Council"), as the governing body of real property located in the Town of Fountain Hills(the"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the rear property line of Diamante Del Lago, Lot 32, (17328 East Sunscape Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 561 of Maps, Page 20, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT - LOT 32 / / / / / / TRACT J / / /' / / ;r '1 - / / �'� , �_ 33 / 6 bb. / + / O Aj 9. 4/ �V,, / UQ i/ vommoolliggillw ABANDON HPE °��v `� N y°7 // I J� �'z �� LOT 32 .,�v, // / z/ /� / ` ''• R=130.00' / / \ 4 \N65'50'24"E L= 50.63'/ 31 ;\ 18.22' >i1 / Og\• i RETAIN 8 \ P.U.E. O 0 \__ s SGPP "i _ -� °l _,----- ,-" le\t/3 \ c,„ LAN, ANp --- Yr SG'011� EV / � ''/ / /4Q`'1F6I5C45TE.4b �o i i - RANDY L ,, A HARRELS - $fi 5' 1 , / / ' e signed SCALE: 1' = 30' DATE: 4-10-19 \ F�Aires 3/31/9 l o���AlNg, TOWN OF FOUNTAIN HILLS , 4i0e-o .. :. DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP 9!lthat is XI— TOWN BOUNDARY McDOWELL MOUNTAIN PARK —-�--— ( ! alt 0/4___, 1--------- L ' ..�� +3"- may;•. VA 'ice , % 3 .. `f',,Tom` {���;cc(Q,7.�I ImiLurr .� q� �� \ � .I g 11,.4 3. iffil li 1 1 il$114Z j 7�•. �e` .•`., .Z�i;P►. _ .44 ��'z r P .7...a.,- --- �'���' {IlkfIt71 EIII}IPriI1{ �. I ■ 0 .0 use 3 1I11-17 ��4.;�`i� iJ 4i`'►��ip: �z�yu• ,�iG�a, j �� `,i\� �trfl rr O �/ S IT1IILfD1q I�/ISM �7iL •� IIlll[SI1 EfI1I1P� Ir 400/1* w104 • ® ,,gyms ,y„ ,�•�;,, % V .�''�8: 14111. ���,pp 1�1p.� ' Ia Fes. - � ^ _°s�� . ° � �8 E ' � TA'=1 �_ _ ØSUNSCAPE DR i ,� SCOTTSDALE .p .ys; o,_/ �`` � rimiLil7�rs p•:S%rn• • (1---1,4 �FpF 1:14.4,74,::::,,Isis...1:, L � .._ „ V"VP..%111* %.*.• *11%E. '''''''''" '.'li. - ALL . ,::=n::i•aq _ � ��►•III/'.`4 , •„� �l' I.t7 pi�•i1���1 .47471.4., 0..1. ca .--.."--14,42. Niffrailmi 0--Ail\.1) 1,,, ,..„::__ _„ 1.....• N r- fit, H SCOTTSDALE >Mut ' a .`.,•� �. ,fin4_, ,_ -4.1,„,! ,...4 _ IQ!0*Q O I --- ----- \ i?" 11-k - N .. ��. _ _.`i -co . A4 �• `'-, , '' S NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY SCALE: 1"=3500' �tt TOWN OF FOUNTAIN HILLS 44,' A Sp TOWN COUNCIL ��f*at is p1'1' AGENDA ACTION FORM Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.gov ; 480-816-5112 Marissa Moore; Senior Planner; mmoore(c�fh.az.gov ; 480-816-5139 REQUEST TO COUNCIL(Agenda Language): CONSIDERATION OF Resolution 2019-04, abandoning whatever right,title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 25(17236 E. Sunscape Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA 2018-23) Applicant: Jeanene H. Hebert Applicant Contact Information: 17236 E. Sunscape Dr.; Fountain Hills, AZ 85268; Tele. 480-836-1830; E-mail: Jeanene.2@cox.net Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: N/A Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 25 (17236 E. Sunscape Drive). The Hillside Protection Easement(HPE)on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999. Many lots within this subdivision included HPE's on the lots in order to meet the subdivision's overall hillside protection and/or open space requirements at that time. The Town's Ordinances do not currently require hillside protection on such small residential lots (this lot is zoned R1-6A PUD); per the Town Council's direction at their 2- 7-19 Retreat, HPE abandonment requests submitted prior to that Retreat may be processed for abandonment. (Note: This abandonment request was submitted on 12-5-18.) In addition to the adjacent neighbors (Staff's standard practice), the Diamante del Lago Homeowners' Association has received this Agenda Action Form, for their information. Per their property manager, we understand that the HOA is not opposed to rear yard HPE abandonments. The house on this lot was constructed during the initial subdivision development in 2001. Since this abandonment does not involve a Public Utility Easement, the various utility companies have not been contracted regarding this abandonment. Disturbance of this HPE area affects less than 1% of the drainage area for the downstream channel (near Panorama Blvd.), and so will create minimal change in Its runoff characteristics. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Page 1 of 2 Budget Reference(page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2019-04, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 25. List Attachment(s): Vicinity Map; Annotated Aerial Photo; Resolution 2019-04 with Exhibit A map SUGGESTED MOTION (for Council use): Move to approve Resolution 2019-04, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 25. Prer(ared y: Approved: i Iiii Randy Harre,Towtl Engineer 4/23/2019 Grady E.Miller,To pager 4/24/2019 D' ector'0.proval: J% n Wesley,Interim Development Services r4,ector 4/23/2019 • • Page 2 of 2 RESOLUTION 2019-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROPERTY LINE OF DIAMANTE DEL LAGO, LOT 25, (17236 EAST SUNSCAPE DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-23) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills(the"Town Council"), as the governing body of real property located in the Town of Fountain Hills(the"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the rear property line of Diamante Del Lago, Lot 25, (17236 East Sunscape Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 516 of Maps, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT - LOT 25 , \"\\) TRACT J / / / i9 ,0\ ��' /^� \ / ^ (1' 4 /// /a � N55.27'16"E ^",�i\C0 / 10.00' / �~�'`` \ ABANDON HPE � /// \ \ R=45.00' 7 -..--"\------- L= 26.96' /0 �6, R-20.00' ) -- L= 18.16' LOT 25 N \N/� N52.1 4' 3.04 x . N 65.50'24"E \ 10.41' �, R=130.00' L= 140.50' \ Cq pO F RETAIN 8' \ R P.U.E. N X 0\41\zs \ N4\,p/v 41, �� LANp YY �I� \ \ ,-, .0FICAT4rSGQL YI N \ \ _ C`,q 16545 10 C.c o `I0 -- -- - - RANDY L. S HARREL 0 15' 30' $,° - S/9ned ' SCALE: 1• = 30' DATE: 4-10-19 FkA/res 3/3A/1\ �p.,7• , 1, TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT ' VICINITY MAP 9,lthat Is A61. TOWN BOUNDARY McDOWELL MOUNTAIN PARK _�--— Y . tit$•, •�••s ;001;�_` atul�� I r \ -" - •i - ••.... . \ -\��1` T _Yav[eiffi thi . T Irk���_Q r/ •Al ``J •'` �4f W � ` it .44:4 ffttllffl"11: �A�3 vy , .44i,_•\ v�tiL� 1(���N yyyybbbp q1 09y\ `IItll� '6 r • F •: as. oi'•'a' r.�ltt� R. i / 9a8 r •'d EfII�i� ' �uiL n �`S td ..4 ." --, ,�Sp �— Ir„®;" o ln, 17236 E \, . : �tvo; tF�s ..:.::.JI4SUNSCAPEDR y `,c cw•' ti ,, I SCOTTSDALE \ . ,uilV �. t?I „oi ramcvPiSii,E$§gt Vi 4 \c, --' * 1 o: ' u ,, ...,, ..... .4 ..... .„. �a , II \-` ' :?.;;a., •7::`\*.:.:12::':::::::,..::''''''''''''''''''''''''''''''''''''7:7*---- ' a'••''''ou' die 'a ' y u11_�TLITI _ II_1-VIZ i _ - O '••4 6 B -•Ap Ills t{1. SCOTTSDALE _am_ - �. yr I� PO w osik-,,,,,,,, ___7.4010.`" IV,: z �IJre -,1!,,,,,vj '-,, 6.111, .XTh------ - T �� vtg IgI NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY �* SCALE: 1"=3500' tiP TOWN OF FOUNTAIN HILLS z n TOWN COUNCIL • �' "' • AGENDA ACTION FORM Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.gov ; 480-816-5112 Marissa Moore; Senior Planner; mmooreRfh.az.gov ; 480-816-5139 REQUEST TO COUNCIL(Agenda Language): CONSIDERATION OF Resolution 2019-05, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 12(17247 E. Diamante Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA 2018-24) Applicant: James Leader Applicant Contact Information: 17247 E. Diamante Dr.; Fountain Hills, AZ 85268; Tele. 610-563-8997; E-mail: gt350@aol.com Owner: James K. Leader/ Mary Anne Leader Owner Contact Information: 113 Ringtail Run, Kenneth Square PA 19348-2364 Property Location: Same as Applicant Related Ordinance, Policy or Guiding Principle: N/A Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 12 (17247 E. Diamante Drive). The Hillside Protection Easement(HPE)on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999. The Town's Ordinances do not currently require hillside protection on such small residential lots (this lot is zoned R1-6A PUD). Per the Town Council's direction at their 2-7-19 Retreat, HPE Abandonment requests submitted prior to that Retreat may be processed for abandonment. In addition to the adjacent neighbors (Staff's standard practice), the Diamante del Lago Homeowners'Association has received this Agenda Action Form, for their information. Per their property manager, we understand that the HOA is not opposed to this abandonment. The house on this lot was constructed during the initial subdivision development in 2001. Since this abandonment does not involve a Public Utility Easement, the various utility companies have not been contracted regarding this abandonment. Disturbance of this HPE affects a small portion of the drainage area for the downstream channel, and so will create minimal change in its runoff characteristics. It should be noted that a small wash with a tributary drainage area of nearly 1 acre, including drainage from a portion of Sunscape Drive, runs through the proposed HPE abandonment area. Any future disturbance of this small wash area will need to accommodate the drainage flow from the upstream drainage area. Risk Analysis (options or alternatives with implications): N/A Page 1 of 2 Fiscal Impact(initial and ongoing costs; budget status): N/A Budget Reference(page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2019-05, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 12. List Attachment(s): Vicinity Map; Annotated Aerial Photo; Resolution 2019-05 with Exhibit A SUGGESTED MOTION (for Council use): Move to approve Resolution 2019-05, abandonment of the Hillside Protection Easement at the rear of the Diamante del Lago subdivision plat, Lot 12. r Pre red b \ / Approved: lAV I \6 I .... .'\(‘ -t4tt/V Randy Harrel,Town ngineer 4/23/2019 Grady .Miller, own ger 4/24/2019 r'recto Approv n Wesley, Interim Development Servi s Director 4/23/2019 i Page 2 of 2 RESOLUTION 2019-05 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROPERTY LINE OF DIAMANTE DEL LAGO, LOT 12 (17247 EAST DIAMANTE DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA(EA 2018-24) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills(the"Town Council"), as the governing body of real property located in the Town of Fountain Hills(the"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the rear property line of Diamante Del Lago, Lot 12, (17247 East Diamante Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 516 of Maps, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT — LOT 12 \ ` \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ TRACT M \ \ \ \ \ \ 1 1 \\ I 1 I \ 1 18 I 1I I I I I N 85'43'06" W - 106.06' I I 1 ��� 1/ i Q I I R=145.00' I L= 60.19' wiff.f II cv Q I LOT 12 TRACT K// / a / / RETAIN 8' W / / P.U.E. / // / ABANDON HPE Y) / / rn / // //// N 78'46'16•• W _ Z / 107 3j, //// / / i / / // / / / �/ TRACT M t2\(/) qt'3' j ��,o LAND s W �-', E 13 �FICATF QL IJ o��� 16545 +0 `� RANDY L. S HARREL 0 15' 30' $re S�9nedy/ 1� '9R/I u S P SCALE: 1" = 30' DATE: 4-10-19 F' Ire.3/3'I 44,o ..k'vAINg-,. - TOWN OF FOUNTAIN HILLS k DEVELOPMENT SERVICES DEPARTMENT •9°thatismv•e VICINITY MAP TOWN BOUNDARY -�McDOWELL MOUNTAIN PARK --— `��k+r1 1 � . 1fil� .4$ rid ... . •."4 `,... ------------------ , \ 4ti 7.,/-ler.-. .'-'41 et I I -irklit "4‘.....!:-... /P k "t.:. 4.."IPA i 04-I isintlauer.-7w i/Mk.‘e• -.I." .i.O.'1 `tt.eili.-. -- ----( 1344.014 ) **- ...tisi.tn.- ift Airi •.• Tftig,..: I t ♦ VDNt; t f. •`mo•o ���� _— .14 ... p �� a I ,;vf,A" 1 'z 1 ,�o..,L.........�ffl1}lII TTtI1LnnLLrnm� -_. ��• �� .Ip,4 _-. ♦ Q,y ,,,r ice•L�S,,11�IlIr�Y • ''��'i��11 I��r fir`,+ mxrr�'1• r yi ��} = , 1�1 y .o mmi ., I` 1 vlra;a' % t•t- • 1 .to } tSSi:N 411 ♦� LCt puursn „) �b rS J to*,1;f1";..tWASkVina-tVT °\`?(q 3 (HF?'r'r;{I ji �1.*4614 112�.?- 11L1 �. v , •••.•010 • �.03?;:.,�.,.,,. .I-3-. ll r�4aai�� `�17cz cs .. a� an,4 y\:- :'•� "A: v,,,, �}JI1IIIk!Igni- ..j� , �, �* ��, o n '17247 E �. ,t: Y ••• DIAMANTE DR �' _ f� ,. / 1,i :,, •:.�k t✓,--, 'I •� /'�� Sys -,,.,t\YJ.. 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IN z TOWN COUNCIL AGENDA ACTION FORM fhat_►. s My ti0o Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.gov ; 480-816-5112 Marissa Moore; Senior Planner; mmoore(c�fh.az.gov ; 480-816-5139 REQUEST TO COUNCIL(Agenda Language): CONSIDERATION OF Resolution 2019-30, abandoning whatever right,title, or interest the Town has in the certain Hillside Protection Easement located at the rear of Lot 32A of the re-plat "Final Plat of Block 2, Lots 32A and 32B ... Plat 505-A"(15813 Tepee),as recorded in Book 515, Page 23, records of Maricopa County, Arizona, with stipulations. (EA 2018-18) Applicant: Eric Jackson Applicant Contact Information: 15813 E. Tepee Drive; Fountain Hills, AZ 85268; Tele. 480-244-6148; E-mail: eric- jerene.jackson@gmail.com ; AZHomepal@gmail.com Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: N/A Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the existing Hillside Protection Easement(67,859 s.f.)at the rear of Lot 32A(a 1999 lot-split re-subdivision of the pre-incorporation Lot 32), Block 2, Plat 505-A. A new(smaller and relocated) HPE meeting current Town HPE requirements (60% of the hillside area; 33,288 s.f.), is stipulated to be granted by the applicant in a separate document. The Hillside Protection Easement(HPE) on this lot was originally shown in its 1999 re-plat. The Town's Ordinances require hillside protection on this large lot. Per the Town Council direction at their 2-7-19 Retreat, existing submitted hillside protection easement abandonment requests may be processed. (Note: This easement abandonment request had originally been submitted on 10-3-18.) The house on this lot was constructed in 1988. Since this abandonment does not involve a Public Utility Easement, the various utility companies have not been contacted regarding this abandonment. Disturbance of the net abandoned HPE area (abandonment HPE area—proposed HPE to be granted)will affect less than 2% of the tributary area to Tulip Wash (the existing wash lying to the rear of this property), and so will create minimal change in that wash's runoff characteristics. The applicant should, by separate Grant of Easement document, grant a: * Replacement Hillside Protection Easement, per current Town requirements. * Drainage Easement(10x10' triangle) near the southerly(rear) corner of the lot, to encompass the un-delineated 100- Page 1 of 2 year floodplain of Tulip Wash. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2019-30, abandonment of the Hillside Protection Easement on Lot 32A ..., with the following stipulations: • Grant a replacement Hillside Protection Easement, per current Town regulations, on this lot. • Grant a 10'x10'triangular Drainage Easement near the southerly(rear)corner of the lot. List Attachment(s): Vicinity Map, Request Letter from Pew Surveying; Annotated Aerial Photo; Resolution 2019-30 with Exhibit A map SUGGESTED MOTION (for council use): Move to approve Resolution 2019-30, abandonment of the Hillside Protection Easement at the rear of Lot 32A of the re-plat"Final Plat of Blk. 2, Lots 32A and 32B ...Plat 505-A", with stipulations. re red : / I Approved: C411 . VAAherN. Randy Harr I,Town Engineer 4/23/2019 Grady .Miller, o r .ger 4/24/2019 Direct 's Approval: hn Wesley,Interim Developme Director 4/23/2019 Page 2 of 2 4o, . , -,,, TOWN OF FOUNTAIN HILLS o . ,, DEVELOPMENT SERVICES DEPARTMENT z n ,.�, �' VICINITY MAP that is Aa TOWN BOUNDARY McDOWELL MOUNTAIN PARK -�--- Ipitilictfritil 6411,1,441 xer,v. . ,,, ,.1; 41 ASti-11011 te, :Fe,- , ...: ',,**'---' 44..1 - 1., ''.:.-- -4.,%'-("41 - It -1 '� 9'.�i tap Illicil,i..2 •44,,ntill, u�q►,ice`' I ,4 all***. ... it's*-1** -(-L ..t.--.1;t'i.".! 4•'4%64,14---' -41:-.: .„,;r .... .,..,....1.%. .r. \ „la _, • ... ,87_1::::". , ..„ 1..„.1. - ..,...,_: v‘...„ ` i iairt •, _ f�rr r�•bi1, ir '�''� .. ..4.-!.:,!:.,:r„ i \G� •t�1hf[�kbT' ♦ryI /f ,,r i u iiti f ��,♦ ��\* 4111* :�.,a of '_._� 17_ :::, . �d ',�r,`rt� .q�� y..•.. ;'o.'• "'''�, (jet lc-;�V ' s s�.2:' 6A.W ., • "+zdt ' •s,.4..,OJ.•:..3= al,•%: -As-- tt-gt-, fl I is s 3 ,---1: '� lIII a�%`:`'`•: a 4. s : "4llI1 FW %,o,��. b BSI .: :IF --%a 13°. t z Atik.t..4•41'....1 4,, ,.vvi ,,, cat ? 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I 44, w AM1r) p .,______„ .. �� W -tr „.i �� C rr NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY 04 SCALE: 1"=3500' RESOLUTION 2019-30 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR OF LOT 32A OF THE RE-PLAT "FINAL PLAT OF BLOCK 2, LOTS 32A AND 32B...PLAT 505-A" (15813 EAST TEPEE DRIVE) AS RECORDED IN BOOK 515, PAGE 23, RECORDS OF MARICOPA COUNTY, ARIZONA(EA 2018-18) RECITALS: WHEREAS,the Mayor and Council of the Town of Fountain Hills(the"Town Council"), as the governing body of real property located in the Town of Fountain Hills(the"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the rear of Lot 32A of the re-plat"Final Plat of Block 2, Lots 32A and Lots 32B...Plat 505-A" (15813 East Tepee Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 515 of Maps, Page 23, and as more particularly described in Exhibit A,attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: it Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT 'An LOT 32A OF REPLAT OF LOT 32 505A, MCR 515-23 TEPEE DR. S34 22'24"E 179.97' o� LOT 32A z rn Coo N N 0 30 60 0 NIM 0 ND SCALE: 1" = 60' CO w ociD cn v- LO 4/ - "Si _____ , ___ _ ____ t Ovr 227.91' N3025'00"W — - So LANp RETAIN 20' P.U.E. & D.E ° "1 33866 ' s-c TULIP WASH LLOYD E. 53) - - - - - - - PEW -`q — — r t -l(p e S; i ,9'Q/2g 9ned_ S P / DENOTES EASEMENT ABANDONMENT yA HILLSIDE PROTECTION EASEMENT AS SHOW ON EXPIRES 6/30/20 LOT 32A OF REPLAT OF LOT 32, BLOCK 2, FINAL PLAT 505-A, BOOK 515 OF MAPS. PAGE 23. P EJw SUR?VwT1 NJG, LC October 1,2018 TO: Town of Foutain Hills RE: Jackson H.P.E. Abandonment and New Dedication 15813 Tepee Drive, Fountain Hills, AZ Eric Jackson,the owner,is request for the abandonment of existing Hillside Protection Easement(H.P.E.) on his property and to rededicate new H.P.E. The existing H.P.E. was dedicated in 1994 when his property was replatted. He would like to redesign his rear yard to make it more useful. Current H.P.E. rules would be less burdensome than older rules. Montgomery Engineering calculated H.P.E.under current rules (see the attached Hillside Study). Mr.Jackson wishes to replace the existing H.P.E. with the new easement. Sincerely, PEW LAND SURVEYING,LLC Lloyd . Pew, R.L.S. P.O. Box 18211 — Fountain Hills, AZ 85269-8211 Phone (480) 239-1807 — Ipew(c7i pew-Is.com —www.pew-ls.com TAIN TOWN OF FOUNTAIN HILLS n TOWN COUNCIL AGENDA ACTION FORM yzz � ors that is my, Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-4583; crudolphy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF one BUDGET TRANSFER from General Government to Development Services, Building Safety, for building inspections in the amount of$40,000. Applicant: Applicant Contact Information Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary(background): The Development Services Department, Builidng Safety, has been utilizing the firm of Brown and Associates to assist with building inspections. The current contract with Brown and Associates has been expended and a budget transfer is needed to allow for continued inspections until the end of the current fiscal year. Risk Analysis (options or alternatives with implications): Without this budget transfer, building inspections to assist the Chief Building Offical will be delayed, affecting the builders' ability to complete their projects.. Fiscal Impact (initial and ongoing costs; budget status): $40,000 Budget Reference (page number): pp 181-182 Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Recommend approval. List Attachment(s): Budget Transfer Form SUGGESTED MOTION (for council use): Move to approve the budget transfer. Page 1 of 2 Prepared by: Approved: NA Date Grady E.Miller,To .:er 4/23/2019 Directgrp Approval. Craig Rudolpry,Finance Direc r 4/23/2019 Page 2 of 2 H 1J H 0 • W M 0 a) PG 'a) El N M V' H as 0 V, Ol qH WXI W W rn no H d. WBm H aM 0 0 0 0 0 0 o 0 0 0 E,W 0 (1W O 0 0 0 i-� V. I o PQU m m H H .► H O O 0 Ca. m N O N Cl NM mm V'H H H . O\ d'\ E-i ,a) ,d, ElW MO v10 WC7 U) 0 ? R'B m H KB ' rE`, W ; iA El Z PI El 0H H Cl) U Q z n EEi W H Z `n L.1 H x z 0 w° l—.t U 0 Y-.. 0 H z - z El >H _ W H W W W K - W U]W Yam+ f. H0 U� �� El H H( El i.-* H H H OH OH Z Z w H W El H Z Qa � 0 0 ✓ w u n OH� W Mi - �+ Z . acoQ • 0co a r.. >1 Q 7 H Z 0z z U a H E 7 W a m Mw <a Z E. H" L..,a I-)7 z0 N ElCri <W x Ei E m H z °H' a 0 `� #� NE u a z ,a>J Ul H g.I HI oN off o m ko o W W H O W oq o Q \ o 0 H Cci a i co 0 0 — P4 W H o 0 W \ H H H W w I 1 U O 00 N N W H H H O M F7 a m OH .1.1. •• O z H In O O H d H , 1 H O O o o P40 a o zo cno Na) OU W H OH OH \O Z a H H N CX H QM ?+ N #TAIN TOWN OF FOUNTAIN HILLS .440 IN z n TOWN COUNCIL gMOW 'l: AGENDA ACTION FORM Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; cudolphy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2019-23 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2019, and ending June 30, 2020. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary(background): The proposed fiscal year 2019-20 budget was presented to the Town Council and the public during the month of April as well as at a Budget Open House (April 15). Total proposed expenditures for all funds, as revised per Council's direction, are$32.6M with estimated revenues of$26.9. Resolution 2019-23 establishes the maximum amount of expenditures for the fiscal year. Subsequent to approval of this Resolution, changes to the budget can be made within line items but the total amount cannot exceed $32.6M. Risk Analysis (options or alternatives with implications): Fiscal Impact(initial and ongoing costs; budget status): $32,562,699 Budget Reference(page number): pp 105-106, 128-130 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Resolution 2019-23; PowerPoint Presentation SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2019-23. Page 1 of 2 Prepared by: Craig Rudolphy,Finance Director 4/29/2019 Direc <r's Appro Craig Rue orahy, Finance i or 4/29/2019 Approved: \\AA:Roce....v Grady .Miller,Town Ma e 4/29/2019 Page 2 of 2 RESOLUTION 2019-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, AND ENDING JUNE 30, 2020 RECITALS: WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council of the Town of Fountain Hills (the "Town Council") are required to adopt a budget for each fiscal year; and WHEREAS, in accordance with ARIz. REV. STAT. § 42-17102, the Town Manager has prepared, and filed with the Town Council, the Town Manager's budget estimates for the fiscal year beginning July 1, 2019, and ending June 30, 2020. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by reference are hereby adopted as the Town's official tentative budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, including the establishment of the maximum budget amount for such fiscal year in the amount of $32,562,699. SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish in the official Town newspaper once a week for two consecutive weeks (i) the official tentative budget and (ii) a notice, in the form attached as Exhibit B and incorporated herein by reference, of the public hearing of the Town Council to hear taxpayers and make tax levies at designated times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall, the Fountain Hills branch of the Maricopa County Library and the Town website where the tentative budget may be found. SECTION 4. The Town Manager or designee shall, no later than seven business days after the date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills branch of the Maricopa County Library a complete copy of the tentative budget, and (ii) post the tentative budget in a prominent location on the Town's website. SECTION 5. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION NO. 2019-23 PAGE 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Pierce Coleman PLLC Town Attorney EXHIBIT A TO RESOLUTION 2019-23 [Tentative Budget] See following pages. TOWN OF FOUNTAIN HILLS TABLE OF CONTENTS Fiscal Year 2020 Schedule A—Summary Schedule of Estimated Revenues and Expenditures/Expense: Schedule B—Tax Levy and Tax Rate Information Schedule C—Revenues Other Than Property Taxes Schedule D—Other Financing Sources/(Uses) and Interfund Transfers Schedule E—Expenditures/Expenses by Fund Schedule F—Expenditures/Expenses by Department (as applicable) Schedule G—Full-Time Employees and Personnel Compensation 4/19 Arizona Auditor General's Office Official City/Town Budget Forms 0 E O tD It) 0 ('C V 0 0 0 0 O O 0 0 V mO CD CD 0• a Ca tD V M N N a CD w A LL C V C V r n V cD co - r a O T m a V ID N C) C)V O V IA 1 A V M M .- N N N N V en O a CO Q •E 3 m a t I- o- Z`ai v U N A U en M 03V V O O co O co V A M tD m r N U CO in et aC V M tD M w V n C 0 aD C� N M O tD N-IO W N :O 0 • y r n t0 1` N- N N N IA r W as V CO ° 0- N- D. M a V N N O r M N a7 2 C • C _ o N�..-,,r M C) @ C a c N M M NN C d @ C M W w E - — a O O O 0 0 0 0 0 O O tD M M V C) N d m M M N o m a.. A M M M tD M N .° In V ntO«N VTzt N a> V m o M N a, d 0 N N N-D7 NM O' C M M N N ` w C m > O w vi» Z ? LL c o O O o O o O o o 0 m c LL a C O C a U u C A O EL > m m m Ts N cna jn2 aQ, 0M M CrlA NV o 0 00 00 d `o a LL y O O O U , y wc 2.2 w a C O V W T C? N M a co O ° O in F IL tD tD it) >a0 V O @ C N = co E a, w c..) L C u ~ c 0- 10 0. C CO O r 1W° N 0 0 M 0 03 a c O y tO 0 r V M N W M C J W LL o r N o ° aO p Mn r N- W- M r• M C C 0- -1 -0 'Di' Di MN 0 y U C= cC c Ea O Z a)O Csi CO 015 C A N y Q F- C N d m ° y>, o ft} m en m co co 0 0 o ry M m R E O 'o x u--0 tC C O CO V C- CD C, N o d C@ y a > CC LL a) U m O o7• N• N CO O) M V y y L U'0 N > tD cD t0 co V M M r , w00 ,.0,. CO C fC LL n r M O o D. m O C ` C L Z E I tD cO v to m ° ° d o 3 va • ALL z °-d a y u c CO E rn u OwCax, K o o E� O W a Q y N C.y ra C tyj is 0 O m ~ J@ E U« E C N A y « Er: X g2 7 C, C, C) M O o 0 M V CO M - C 0 C U O 0 V a,ma V V O V ,- O tD V W QI U aI d U j L r O C ,- C, V C) N N V V a s-- a.. al C) c U y E . LL N N M N M V A CO N N U C A d V U N 70 (/) CO tO tD O n - N M. n ❑ a'a U y m 0. C O` @ O U zy vmc X 0 ..-,is ra y W O)5 CC in O ° N N 0 0 W m a m J Q W N >2 d E7 N- N M V It) tD r W T 0 N M ,N M V a'+tD y ` a (I) C- C- e- C- a O O @ 0 O 0 w w m m U 0 0 ❑ ❑ w 0 U E a A L C O .E132 c -°aN m ° co, >N a C O C a a O O m y v VI W A A y a U V) ~ y t 0 A 7 oE 0 m 'O a 7'A2 c 2 TO a ma a d am0 E Ay GQ«LL. C .5 WN 'A > Y 0. 0 0 y > d > O >� t- y y y O o > 3 CI y _ Z K C W > a@ s d X ._ J m L U V, 7 y 0 U U O W C a 3 w .° X 1- '5 y O C ❑ a 0 3 c d 0 u ❑ m N a F t N O = 0 y 00 - = y "' y ..- E,- E C 15 T O O V) w w « LL d O _ C V Z L 0. N O) —co C C Q J > cc aai L C E C a 72 y L O O` > C C C C LL A R CCa a, @« C u a 3 X u 3 ON n ° 2. a A m r H ° ° w@ o w o X a @ a, c c v o y .F, c , T 22122 0 W m C C w w J 7 U C cc it N "' .O'O O 'F' a A c o }a I cui -'-' ° o c E u E z r m tea, a 15 = L u u E a`, a a cc. a N W O O - LU Q F- m F- E C Q 0_ Co @ C) C7 O O O O o O O O O IA oo Q U A O O N N N o o O N N N o N N N N : 01 y} NNNNNN N N N NNJ N :-Tr- .....- TOWN OF FOUNTAIN HILLS Tax Levy and Tax Rate Information Fiscal Year 2020 2019 2020 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. M2-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 1,986,373 1,674 485 C. Total property tax levy amounts $ 1,986,373 $ 1,674,485 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 1,986,373 (2) Prior years' levies (3) Total secondary property taxes $ 1,986,373 C.Total property taxes collected $ 1,986,373 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 0.4257 0.3382 (3) Total city/town tax rate 0.4257 0.3382 B. Special assessment district tax rates Secondary property tax rates -As of the date the proposed budget was prepared, the city/town was operating two (2) special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE B Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2020 ESTIMATED ACTUAL ESTIMATED SOURCE OF REVENUES REVENUES REVENUES* REVENUES 2019 2019 2020 GENERAL FUND Local taxes Local Sales Tax $ 8,693,264 $ 8,693,264 $ 9,125,999 Franchise Tax 374,461 374,461 187,231 Licenses and permits Business License Fees 136,365 136,365 141,696 Liquor License Fees 2,000 2,000 2,000 Building Permit Fees 227,272 227,272 240,587 Sign Permits 8,175 8,175 6,100 Landscape Permit Fees 23,100 23,100 16,800 Subdivision Fees 45,250 45,250 52,250 Special Event Permits 5,225 5,225 8,750 Engineering Fees 3,950 3,950 5,900 Third Party Revenues 235,000 235,000 210,000 Planning&Zoning Fees 17,489 17,489 16,185 Plan Review Fees 176,326 176,326 185,969 Intergovernmental State Sales Tax 2,429,816 2,429,816 2,583,377 Fire Insurance Premium Tax 50,500 50,500 46,258 Vehicle License Tax 336,749 Shared Income Tax 3,005,431 3,005,431 3,253,750 Charges for services Parks&Rec User Fees 195,724 195,724 197,800 Encroachment Fees 35,000 35,000 25,000 Variances 7,600 7,600 4,300 Inspection Fees 12,500 12,500 - 13,250 Leases&Rents 237,768 237,768 283,584 Fines and forfeits Court Fines 246,000 246,000 179,000 Interest on investments Interest on Investments 7,200 7,200 24,000 In-lieu property taxes Contributions Voluntary contributions 71,409 71,409 37,545 Miscellaneous Miscellaneous 24,370 24,370 40,350 Total General Fund $ 16,271,195 $ 16,271,195 $ 17,224,430 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated revenues for the remainder of the fiscal year. 4119 Arizona Auditor General's Office SCHEDULE C Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2020 ESTIMATED ACTUAL ESTIMATED SOURCE OF REVENUES REVENUES REVENUES* REVENUES '' 2019 2019 2020 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway User Tax $ 1,538,106 $ 1,538,106 $ 1,666,476 Vehicle License Tax 1,081,889 1,081,889 785,748 Local Sales Tax 796,063 796,063 819,678 In-Lieu Fees 100,000 100,000 200,000 Recycle Proceeds 1,000 Interest 2,400 2,400 24,000 Miscellaneous 25,000 25,000 30,000 $ 3,543,458 $ 3,543,458 $ 3,526,902 Downtown Strategy Fund Sales-Excise Tax $ 79,607 $ 79,607 $ 81,968 Interest 1,260 1,260 1,260 $ 80,867 $ 80,867 $ 83,228 Economic Development Fund Sales-Excise Tax $ 318,425 $ 318,425 $ 327,871 Interest 240 240 240 $ 318,665 $ 318,665 $ 328,111 Grants Miscellaneous $ 338,800 $ 338,800 $ 1,582,525 $ 338,800 $ 338,800 $ 1,582,525 Public Art In-Lieu Fees $ 15,000 $ 15,000 $ 100,000 Interest 240 240 240 $ 15,240 $ 15,240 $ 100,240 Court Enhancement Fund Court Enhancement/JCEF Revenue $ 52,000 $ 52,000 $ 49,000 Grants 100,000 Interest 240 240 840 $ 52,240 $ 52,240 $ 149,840 Cottonwoods Maintenance District Cottonwoods Maintenance District $ 6,642 $ 6,642 $ 6,642 Interest 72 72 72 $ 6,714 $ 6,714 $ 6,714 Tourism Fund Grants $ 83,000 $ 83,000 $ 90,000 Interest 180 180 180 $ 83,180 $ 83,180 $ 90,180 Environmental Fund Environmental Fee $ 493,668 $ 493,668 $ 491,976 Interest 1,800 1,800 2,400 $ 495,468 $ 495,468 $ 494,376 Total Special Revenue Funds $ 4,934,632 $ 4,934,632 $ 6,362,116 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated revenues for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE C Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2020 ESTIMATED ACTUAL ESTIMATED SOURCE OF REVENUES REVENUES REVENUES* REVENUES 2019 2019 2020 DEBT SERVICE FUNDS General Obligation Debt Service Interest Income $ 1,200 $ 1,200 $ 1,200 $ 1,200 $ 1,200 $ 1,200 Eagle Mountain CFD Property Taxes $ 409,786 $ 409,786 $ 413,042 Interest Income 240 240 240 $ 410,026 $ 410,026 $ 413,282 Municipal Property Corp Interest Income 840 840 840 $ 840 $ 840 $ 840 Total Debt Service Funds $ 412,066 $ 412,066 $ 415,322 CAPITAL PROJECTS FUNDS Capital Projects Fund Sales Tax-Local $ 461,465 $ 461,465 $ 640,293 Grants 140,000 140,000 90,000 Donations Interest 7,224 7,224 7,224 Miscellaneous $ 608,689 $ 608,689 $ 737,517 Facilities Replacement Fund Interest Income $ 3,600 $ 3,600 $ 7,200 $ 3,600 $ 3,600 $ 7,200 Development Fee Funds Development Fees $ 142,581 $ 142,581 $ 164,025 Interest Income 660 660 7,200 $ 143,241 $ 143,241 $ 171,225 Total Capital Projects Funds $ 755,530 $ 755,530 $ 915,942 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated revenues for the remainder of the fiscal year. • 4119 Arizona Auditor General's Office SCHEDULE C Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2020 ESTIMATED ACTUAL ESTIMATE, SOURCE OF REVENUES REVENUES REVENUES* REVENUE 2019 2019 2020 PERMANENT FUNDS $ $ $ $ $ $ Total Permanent Funds $ $ $ ENTERPRISE FUNDS $ $ $ $ $ $ $ $ $ Total Enterprise Funds $ $ $ Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated revenues for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE C Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2020 ESTIMATED ACTUAL ESTIMATED SOURCE OF REVENUES RE NUES* REVENUES 2019 ES REV 019 2020 INTERNAL SERVICE FUNDS Vehicle Replacement Fund 269,672 269,672 327,584 $ 269,672 $ 269,672 $ 327,584 Total Internal Service Funds $ 269,672 $ 269,672 $ 327,584 TOTAL ALL FUNDS $ 22.643.095 $ 22.643.095 $ 25,245.394 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated revenues for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE C Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Other Financing Sources/(Uses) and Interfund Transfers Fiscal Year 2020 OTHER FINANCING INTERFUND TRANSFERS 2020 2020 FUND SOURCES TUSESI IN (OUT) GENERAL FUND MPC Debt Service Fund $ $ $ $ 303,235 Public Art Fund 39,100 39,100 Environmental Fund 200,000 Facilities Replacement Fund 500,000 Total General Fund $ $ $ 39,100 $ 1,042,335 SPECIAL REVENUE FUNDS Environmental Fund $ $ $ 200,000 $ Tourism Fund 168,607 Downtown Strategy Fund 950,000 Economic Development Fund 168,607 Streets Fund 200,000 350,000 Special Revenue Fund 80,000 Vehicle Replacement Fund 171,318 Total Special Revenue Funds $ $ $ 648,607 $ 1,639,925 DEBT SERVICE FUNDS General Fund $ $ $ 303,235 $ Total Debt Service Funds $ $ $ 303,235 $ CAPITAL PROJECTS FUNDS Capital Projects Fund-Streets Fund $ $ $ 350,000 $ 200,000 Capital Projects-Downtown Strategy 950,000 Special Revenue Fund 80,000 Facilities Replacement Fund 500,000 Total Capital Projects Funds $ $ $ 1,800,000 $ 280,000 PERMANENT FUNDS $ $ $ $ Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS $ $ $ $ Total Enterprise Funds $ $ $ $ INTERNAL SERVICE FUNDS Vehicle Replacement Fund $ $ $ 171,318 $ Total Internal Service Funds $ $ $ 171,318 $ TOTAL ALL FUNDS $ $ $ 2,962,260 $ 2,962,260 4119 Arizona Auditor General's Office SCHEDULE D Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Fund Fiscal Year 2020 ADOPTED EXPENDITURE! BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES! ADJUSTMENTS EXPENDITURES/ EXPENDITURES! EXPENSES APPROVED EXPENSES* EXPENSES FUND/DEPARTMENT 2019 2019 2019 2020 GENERAL FUND Mayor&Town Council $ 82,592 $ $ 82,592 $ 98,544 Municipal Court 342,027 342,027 397,276 Administration 2,438,779 2,438,779 2,050,966 General Government 656,326 (40,000) 616,326 1,073,362 Public Works 1,035,577 1,035,577 1,100,934 Development Services 1,065,398 40,000 1,105,398 1,100,290 Community Services 2,520,780 2,520,780 2,595,839 Law Enforcement 4,211,488 4,211,488 4,785,920 Fire&Emergency Medical 3,918,227 3,918,227 4,021,299 Total General Fund $ 16,271,195 $ $ 16,271,195 $ 17,224,430 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 5,541,496 $ (505,600) $ 5,035,896 $ 5,194,059 Downtown Strategy Fund 40,885 40,885 38,400 Economic Development Fund 278,312 (10,000) 268,312 285,482 Tourism Fund 225,758 10,000 235,758 259,103 Public Art Fund 54,100 54,100 139,340 Court Enhancement Fund 80,515 80,515 154,800 Special Revenue Fund 1,188,800 (850,000) 338,800 1,662,525 Cottonwoods Maint District 5,101 5,101 5,101 Environmental Fund 709,326 709,326 735,254 Total Special Revenue Funds $ 8,124,293 $ (1,355,600) $ 6,768,693 $ 8,474,064 DEBT SERVICE FUNDS General Obligation Bonds $ 1,972,850 $ $ 1,972,850 $ 1,663,800 Eagle Mountain CFD 405,968 405,968 409,192 Municipal Property Corp 381,864 _ 381,864 305,870 Total Debt Service Funds $ 2,760,682 $ $ 2,760,682 $ 2,378,862 CAPITAL PROJECTS FUNDS Capital Projects $ 5,400,612 $ $ 5,400,612 $ 3,200,050 Fire/Emergency Dev Fee 11,244 11,244 9,500 Park/Rec Dev Fee 48,756 48,756 40,500 Open Space Dev Fee 535 535 Facilities Replacement Fund 975,296 975,296 819,144 Total Capital Projects Funds $ 6,436,443 $ $ 6,436,443 $ 4,069,194 PERMANENT FUNDS Contingency $ $ $ $ Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Contingency $ $ $ $ Total Enterprise Funds $ $ $ $ INTERNAL SERVICE FUNDS Vehicle Replacement 47,253 130,600 177,853 416,149 Total Internal Service Funds $ 47,253 $ 130,600 $ 177,853 $ 416,149 TOTAL ALL FUNDS $ 33,639,866 $ (1,225,000) $ 32,414,866 $ 32,562,699 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE E Official City/Town Budget Forms TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Department Fiscal Year 2020 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES _.r DEPARTMENT/FUND 2019 2019 2019 2020 Mayor&Council General Fund $ 82,592 $ $ 82,592 $ 98,544 Mayor&Council Total $ 82.592 $ $ 82,592 $ 98.544 Administration General Fund $ 2,438,779 $ $ 2,438,779 $ 2,050,966 Downtown Strategy Fund 40,885 40,885 38,400 Economic Development Fund 278,312 (10,000) 268,312 285,482 Special Revenue Fund 1,188,800 (850,000) 338,800 1,662,525 General Obligation Debt 1,972,850 1,972,850 1,663,800 Eagle Mountain CFD 405,968 405,968 409,192 Municipal Property Corp 381,864 381,864 305,870 Cottonwoods Maint District 5,101 5,101 5,101 Capital Projects 43,263 (8,400) 34,863 155,050 Administration Total $ 6.755,822 $ (868.400) $ 5,887.422 $ 6.576,385 General Government General Fund $ 656,326 $ (40,000) $ 616,326 $ 1,073,362 Vehicle Replacement 47,253 47,253 76,407 General Government Total $ 703,579 $ (40,000) $ 663.579 $ 1,149.769 Municipal Court General Fund $ 342,027 $ $ 342,027 $ 397,276 Court Enhancement Fund 80,515 80,515 154,800 Municipal Court Total $ 422.542 $ $ 422.542 $ 552.076 Public Works General Fund $ 1,035,577 $ $ 1,035,577 $ 1,100,934 Highway User Revenue Fund 5,541,496 (505,600) 5,035,896 5,194,059 Environmental Fund 709,326 709,326 735,254 Capital Projects 1,070,184 (188,271) 881,913 2,660,000 Facilities Replacement Fund 975,296 975,296 819,144 Vehicle Replacement 130,600 130,600 339,742 Public Works Total $ 9,331,879 $ (563,271) $ 8.768,608 $ 10,849,133 Development Services General Fund $ 1,065,398 $ 40,000 $ 1,105,398 $ 1,100,290 Development Services Total $ 1,065,398 $ 40.000 $ 1.105,398 $ 1,100.290 Community Services General Fund $ 2,520,780 $ $ 2,520,780 $ 2,595,839 Tourism Fund 225,758 10,000 235,758 259,103 Public Art Fund 54,100 54,100 139,340 Capital Projects 1,917,506 1,917,506 385,000 Open Space Development Fee 535 535 Park/Rec Development Fee 48,756 48,756 40,500 Community Services Total $ 4,767,435 $ 10,000 $ 4,777,435 $ 3,419,782 Fire&Emergency Medical General Fund $ 3,918,227 $ $ 3,918,227 $ 4,021,299 Capital Projects 2,312,165 2,312,165 Fire/Emergency Dev Fee 9,500 Fire&Emergency Medical Total $ 6,230.392 $ $ 6230,392 $ 4,030,799 Law Enforcement General Fund $ 4,211,488 $ $ 4,211,488 $ 4,785,920 Law Enforcement Total $ 4,211,488 $ $ 4,211,488 $ 4,785,920 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/19 Arizona Auditor General's Office SCHEDULE F Official City/Town Budget Forms u) CO 6) r- N N 0 d CO CO N CO COCO V) N LL co .) :. c0 CO •c cc O O co- E C y O N CLNco co in 0 � CO co co N w y a N 7 y0 TS CO o U 0 ►- 3o F- E9 E9 E9 69 Ea E9 E9 Efl Ea EFi EA E9 Ea T U O IBCOMOON 0) �, CO CONCOON Ts `►� d ) � O o-) co c C w N co 0 CO U) (NI O N 'a-) U 0 E9 Efl 69 E9 Ea E9 E9 E9 Ef) Efl E9 Ea Ea v) .:I- N- coco0NCc) co N ,- co OCOt- O O N N(oONM U co in a) co CO = R N O U N +-+ E0R (n N c I d Q. 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V z F°- (n I- J F c < J@ o ti_) O io w 1- J ;a z w < o N cL Q o _ o (!) < o < Z F W O .- o o c F- F- F- F- g W Q Z a = wF- w w E. w Z w F- 6-) O (n 0 U a w Z EXHIBIT B TO RESOLUTION 2019-23 [Notice] See following page. Town of Fountain Hills Notice of Public Hearing Final Budget Adoption and Tax Levy On June 4,2019,beginning at 5:25 p.m. in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains,Fountain Hills,Arizona 85268,public hearings will be held to allow members of the public to appear and testify or make inquiries regarding Fiscal Year 2019-20 Budgets for(i) the Town of Fountain Hills,(ii)the Eagle Mountain Community Facilities District Board, and(iii) the Cottonwoods Maintenance District Board,which will include fee increases or new fees. On June 18,2019,beginning at 5:25 p.m.in the Town Hall Council Chambers, 16705 E.Avenue of the Fountains, Fountain Hills, Arizona 85268,the Town of Fountain Hills, the Eagle Mountain Community Facilities District Board, and the Cottonwoods Maintenance District Board will adopt their property tax levies for the Fiscal Year beginning July 1, 2019, and ending June 30, 2020. A complete copy of the each of the budgets for the Fiscal Year 2019-20 may be viewed at: 1.Fountain Hills Town Hall(2nd floor), 16705 E.Avenue of the Fountains,Fountain Hills, Arizona 85268 2. Fountain Hills Maricopa County Branch Library, 12901 LaMontana Drive, Fountain Hills, Arizona 85268 3. The Town of Fountain Hills website at: www.fh.az.gov Anyone wishing to respond may do so in person at the meetings or in writing prior to the date of the June 4, 2019, and June 18, 2019, meetings by delivering the written comments to the Town Clerk's office, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. 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Q Q 0 • TOWN OF FOUNTAIN HILLS TOWN COUNCIL a-- AGENDA ACTION FORM 'bat r ti�� Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: jweldy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the first amendment to Cooperative Purchasing Agreement C2018-107 with Larry H. Miller Ford for the purchase of one new light duty truck in the amount not to exceed $54,427.97 Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Vehicle Replacement Program Policy. Staff Summary (background): The purpose of the Vehicle Replacement Program Policy adopted by Town Council is to provide an authoritative decision-making process for the evaluation, selection, and multi-year scheduling of vehicle replacements based on a projection of available fiscal resources and the vehicle's age, mileage, engine hours and repair costs. The objectives of the program are to: • Ensure the timely purchase, repair and replacement of the Town's vehicles; • Serve as a link in the Town's planning between the Town's operating and capital budgets; • Maintain control over the Town's long-term cash flow in relation to the Town's financial capacity; and • Ensure efficient, effective and coordinated vehicle acquisition and replacement. Per the Vehicle Replacement Program Policy, the guidelines below shall be utilized. Vehicles may also be replaced due to excessive maintenance and repair costs. Light Duty Trucks: 10 years/100,000 miles Vehicles being replaced will be sent to auction with the proceeds being deposited into the Vehicle Replacement Fund. The existing vehicle is a light duty 2009 truck. Risk Analysis (options or alternatives with implications): The vehicle is for the Fire Chief. The primary risk is delayed response time due to excessive wear or vehicle breakdown. Fiscal Impact (initial and ongoing costs; budget status): $54,427.97 Budget Reference (page number): 408 Funding Source: Vehicle Replacement Fund If Multiple Funds utilized, list here: NO Budgeted; if No, attach Budget Adjustment Form: Yes Page 1 of 2 a Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): approval of the first amendment to Cooperative Purchasing Agreements C2018- 107 with Larry H. Miller Ford for the purchase of one new light duty truck in the amount not to exceed $54,427.97 List Attachment(s): Contract C2018-107.1 SUGGESTED MOTION (for council use): Move to approve the amendment to Cooperative Purchasing Agreement C2018-107 with Larry H. Miller in the amount not to exceed $54,427.97 Prepared by: Approved: .-) r /‘"1,11tot Jeff Pierce,Streets Superintendent 2/26/2019 Grady E. Miller,T a�ger 4/2 /2019 D'rec is App oval: J tin Weldy, Public Works Director �2/26/2019 Page 2 of 2 Contract No. 2018-107.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LHM CORP MTh DB/A LARRY H. MILLER FORD MESA THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of May 7, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and LHM CORP MFD d/b/a Larry H. Miller Ford Mesa, a Utah corporation(the"Contractor"). RECITALS A. After a competitive procurement process, the City of Mesa, Arizona. (the "City") entered into Contract No. 2018086, dated March 19, 2018, (the "City Contract"), with Berge Ford, Inc., an Arizona corporation ("Berge"), for the purchase of 2017 or newer light duty half ton pickup trucks. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. The City Contract is attached as Exhibit A and incorporated herein by reference to the extent not inconsistent with this Agreement. B. The Town and Berge entered into a Cooperative Purchasing Agreement dated June 5, 2018, based upon the City Contract (the "Agreement"), for the purchase of 2017 or newer light duty half ton pickup trucks (the "Services and Materials"). The terms of the Agreement are incorporated herein. C. The City Contract was assigned to Contractor effective March 1, 2019, a copy of which assignment is included in Exhibit A. D. The Town has determined that additional Materials and Services (the "Additional Materials and Services") are necessary. E. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Assignment. In addition to any rights and obligations set forth in this First Amendment, Contractor hereby agrees to perform all obligations agreed to by Berge in the underlying Agreement and shall be entitled to all rights of Berge thereunder. 2. Compensation. The Town shall increase the compensation to Contractor by not more than $54,427.97 for the Additional Materials and Services as set forth in Exhibit B, the terms of which are and incorporated herein, resulting in an increase of the aggregate not-to- exceed compensation from $46,402.34 to $100,830.31. 3. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa,Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: LHM CORP MFD d/b/a Larry H. Miller Ford Mesa 460 East Auto Center Drive Mesa, Arizona 85204 Attn: Scott Dietrich or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 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 Contractor affirmatively asserts that(i) the Town is not currently in default, nor has it 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. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 7. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 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 c\ Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA, a(n)Utah corporation ktiux, , By. a Ub -2 Name: &r?,S 0, W 041..42.N.,.. Title: V OMIT, Sa its hl 5 r (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On pc), 4Pe1/ , 2019, before me personally appeared liltre so. LA)or ke.4, , the (',DJ+ c.c .,, ,s. in9 r, of LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA, a(n)Utah corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. ri*; NothZTO19 Com I Not lic <� (Affix notary seal here) `J 4845-1213-9913 v.2 'i. 1 EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA [Mesa Contract] See following pages. I E i P mesa.az , AGREEMENT FURSUANT TO SO C ATION t. CITY OF MESA AGREEMENT NUM:ER 2018086 I 2017 OR NEWER LIGHT DUTY HALF TON Pt' KUP TRUCKS li CITY OF MESA,Arizona("City") • Department Name City of Mesa -Purchasing Divisl• Mailing Address P.O. Box 1466 I Mesa, AZ 85211-1466 `. Delivery Address 20 East Main St. Suite 400 Mesa. AZ 85t201 Attention Darryl Woodson, CPPB Senior Procu'ement Officer j E-Mail Darryl.Woodsontc MesaAZ,00v Telephone (480)644-3261 ± I Facsimile (480)644-2655 s AND Berge Ford, ("Contractor") tt Mailing Address 460 E Auto Center Drive Mesa,AZ 85304 Delivery Address ; Attention Theresa Worthen Government Fl et ales E-Mail tworthen@be-geford.com com Telephone 480-497-7544 Facsimile z, i I I 1 I ' ! ' | ' | | � / . ! CITY OF MESA A@RE 'KHENTPURSUANT TO SOLICITATION | � This agreement pursuant to solicitation ("Aor-ement') is entered tolthis 19th day of March. 20"8, by and between the City of Mesa, Arizona, an Arizo a municipal corpor.il ("Citv"). and Berge Ford, lEi(n) State corporation ('Contractor"), The City and Co tractor are each a "*a to the Agreement or tooether are "Parties"to the Agreement, RECITALS A, The City issued solicitation number 018086 ("Solicitation") for 2017 OR NEWER LIGHT DUTY HALF TON PICKUP TRUCKS, to w ich Contractor provi Ped a response ("Response'), prid 8 The City Selected Contractor's Resoonse as being in th bost interest of the City and wishes to engage Contractor in providing the s-rvices/materials de-crillied in the Solicitation and F esponse. In consideration of the reciprocal promises contained in the Agr;­m�nt. and for other valuable and good consideration, which the Parties acknowled!e hoUmwin l ' - iee to the | TER S &CONDITIONSThe use of the word "Term" in the A,!reernent includes t aforementione perio as vAF- as any 1Term. This Agreement is for a term oeginning on March 0, �01 8 and ending on Marchll 9, 2019 applicable extensions or renewals in :ccordance with this S*ion 1, i'l Renewals, On the mutual w tten agreement of th ril the Term may be rekewed up to a maximum of two (2) ye. s, Any renewal(s) ill e a continuation of the same terms and conditions as in effect i . ediately prior to th�i Tiration of the then-currentj I term. 1,2 Extension for Procureme t Processes, Upp n �he expiration of the Ter6i of this } | Agreement, including herein , at the City's sole discrletion this Agreement maybe extended on a month-to-mons bill for a maximum of six($') months servicesimaterials provided nder this Agreeme t. The City will notify the Coltractor in writing of its intent to extend he Agreem, ent at le-st thirty (30) calendar days p"ior to the expiration of the Term, Any -xtension under this Suosection 1.2 will be a continuation of the same terms and conditio s as in effect imme4 iat4ly prior to the expiration of�the then- current term. 1,3 Delivery. Delivery shall be m;cle to the locationil co 01tained in the Detailed Spe�rfications | within -- days after receipt -.f an order. Z, Detailed resources to provide the City with the services, mate ial3, and obligations attached to this Agreement as Exhibit A ("Petailed S,tecifications") Contr.ctor will be responsibleflor all�osts and expenses incurred by Contractor that -re incident to the pzirforirnance of the Detailed Spe4ifications unless otherwise stated in Exhibit A Contractor will su.iplyl all equipment and instrunientalities necessary to perform the Detailed S secifications. If set orth in Exhibit A, the City will provide Contractor's personnel wiffi adequa- workspace and - ch other related facilities al may be required by Contractor to carry out th; Detailed Specificat onj, 1 Orders, Orders be placed with the C°ntractorby either a purchase: (i0 Notice to Proceed. or(ii) Delivery Order off of al Master Agreement for Requirement Contract where multiple as-needed ode/swill be placed itli the Contractor, The City, ' the |nte/net to communicate �hCon� ac�n,�nd\op|acoude as re v� mn/ . | | | | � � | | | � ' ! � ` � � | � 4. Document Order cfPrecedence, |n the event of any inn~nsistancybetween of the | | body of the Agreement, the Exhibits, the Solicitation a U Response, the x*nguu!e of the [ | documents will control in the following order. a Agreement � b, Exhibits / | 1, Mesa Standard—onns &Conditions ( 2, DetailedSpecifications/Technical Sp'ci tions 5. Other Exhibits riot listed above ! c Solicitation including any addenda | ! g Contractor Response 5. Payment. 5,1 General. Subject tothe provisions of the Ag,^^mpnt. the City will pay Con actor the oum(s) described inExhibit B (^Phonq) incon deraUunof Contractor's anceof the Detailed Specifications during the Term. 52 Prices. except where otherwise provocled in this Agreeme t, 4nd include all costs of the�ontractcr providing the materials/service -- n"-_.s~~. liation. insurance and warranty Osts. No fuel surcharges will be accerted unless allowed iirl this Agreement, The City s all not be invoiced at prices higher thar those stated in the J4,greement. The Contractor further agree 3 that any reduction$ in the price of the materials services covered by this Agreement will apply to the undefivered balance, The Contrelctor shall promptly notify the City of such price reductions. No price modifications will 4e accepted without pr per request by thel, Contractor and response by the City's Purchasing Division, 5J Price Adiustment. Any requests for reasonable pri(ie adjustments must!be su�mitted in accordance with this Section 5.3. Requests for a I d ust�nent in cost of laborrand/orl materials must be supported by apprcpriate clocunien a i n. There is no guarantee the City will accept a price adjustment therefore Contractor in OLId be prepared for the Priding to be firm over the Term of the Agreement, The City is nlywilling to entertain price ad'ustments based on an increase to Cor-tractor's actual exp ns6s or other reasonable adjustment in providing the services/materials under the Agree em t. If the City agrees to the adjusted price terms, the City shall issue written approval th change. Sixty(60)days prior to the init al one(1)year contr ct�ffective . � | / , ' | ' i demonstrating the cost to the Contractor. Rene al orices shall be firm for the t-rmi of the renewal period and may be adjusted thereafter o tlined in the previous sect on, There is no guarantee the City will accept a price adjust eV 5 �� Invoices, Payment will be made mContractor properly completed invoice, Any issues regarding billing Dr invoicing must be directed tio the City Department/Division request ngthe service the Contractor, Aproperly completed invoice should contain, a1a minimum, all d the following: | | a. connactorname. addnasm and contact inhzr admn: b. City billing information, c City contract number aoWstedon the first pa^' o the Agnnemen � g, Invoice number and do$% ! e payment terns" f, Date of service ovdelivery, g Description of materials mr services provided; h. |Y materials provided, the quantity delivered o d hcingof each unit" /. Applicable Taxes" and ! i Total amount due. | 5�6 pmVrnertufFunds. Contractor acknowledges its option a9dwhee available use a Procunemart Cardlie-Payab|eo make payment for orders under the Agreement- Otherwise, pe�men\ will be thmu°h traditional method of check or Electronic Funds Transfer(E`T) as available. � 57 Disallowed Costs, Overpay-nent. Ifatanytime he City determines that a cost for which payment was made to Contra--tor is a disallowed **stj such as an overpayment o: at charge for materials/service not in accordance with the ,grebment, the City will notify Contractor in writing of the disallowance'such notice will stat- the means of correction whic 1 may be. but is not limited to, adjustment of any future clai, /irvvoice submitted by Contra'tor in the amount of the disallowancE, or to require reaayment of the disallowea amount by Contractor. Contractor will be provided with the o sportunity to respond toi the ndtice. G, Insurance. 5,1 Contractor agreement. at a minimum. th- types and amount. of insurance set forth in this Section 6 from insurance companies aLthorized to do busin;ss In the State of Arizona,the iinsurance must cover the materials/ser�ice to be provided el Cbntractor under the Ag'reer�ent, For any insurance required unde,the Agreement. C ntractor will name the City of Mesa, its agents, representatives, officials, volunteers. officers, elected officials, and employees as additional insured, as evidenced by providing eith r an additional insured:endorqement or proper insurance policy excerpts. 82 requirements herein are minirium requirements fcr th Agreement and in no wal limit any indemnity promise(s) contained in the Agreement., 6.3 The City does not warrant tl-e minimum limits contalned herein are sufficient to protect Contractor and subcontractorls) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, represeriatives, employees. or subconlYactor(s). Contractor is encouraged to purchase additional iiisurance as Contractor determines may be necessary, 64 Each insurance policy required under the he in effect At or pror to the execution of the Agreement aid remain in effect the term o/the Ag � . | � / | � 6.5 Prior to the execution of the •greement. Contra or will provide the City With a ertificate of Insurance(using an approoriate'ACORLY ore uivalent certificate)signed by he issuer with applicable endorsemen i.. The City reserve the right to request additions copies of any or all of the policies, e dorsements, or not ces relating thereto required !under the Agreement, 6.6 When the City requires a ificate of Insuranc: to be furnished, Contractor's nsurance is primary of all other sourc:s available. When he pity is a certificate holder and/or an additional insured. Contractor agrees no policy ill expire, be canceled, or be imaterially changed to affect the covera te available without :dvance written notice to the City. 6.7 The policies required by the greement must cone:in waiver of transfer rights of recovery (waiver of subrogation) agai st the City, its age s, representatives, officials, vblonteers. officers, elected officials, a d employees for -ny claims arising out of the work of Contractor, • 6.8 All insurance certificates and applicable endorse ents are subject to review and approval by the City's Risk Managem; it Division, 6.9 T .es and Amounts of In-urance. Contracto must obtain and retain throughout the term of the Agreement. at a inimum. the followi g: 6.9.1 Worker's compens:tion insurance in a.coridance with the provisions Of Arizona law, If Contractor operates with no emoloyees, Contractor must provide the City with written proof I ontractor has no e plOyees, If employees are hird during the course of this •greement, Contractil must procure workers comp nsations in accordance with Arizona law. 6.9.2 The Contractor sh:II maintain at all times during the term of this c ntract. a minimum amount S1 million per occue-erce/S2 million aggregate C mmercial General Liability in.urance including Contractual Liability. For General Liability insurance, the City of Mesa, their agen:s, officials, volunteers,officerS, elected officials or employes shall be named as 'additional insured, as evidenced by providing an additional insured endorsement. 6,9.3 Automobile liability bodily injury and p operty damage with a limit of$1 million per occurrence incl ding owned, hired .nd ron-owned autos. 6.9.4 Owners&Contractors Protective Liabili Coverage (OCP) 6.9.5 Garage Liability— fuccurrence Form I Requirements Contract. Contractor acknowledges and .,grees the Agreement is a requirements contract: the Agreement does not gu antee any purchas;s will be made (minimum or maximum). Orders will only be placed when the 0 ty identifies a need .:nd issues a purchase order oil a written notice to proceed, The City reserve- the right to cancel ourehase orders or a notice tcl proceed within a reasonable period of time of ssuance. any such ancellation will be in writing. hould a purchase order or notice to proceed •- canceled, the City agrees to reimburse Contract r for any actual and documented costs incurre. by Contractor. T - "ty will not reimburse Cont actor for any avoidable costs incurred after re.eipt of cancellation ncl ding, but not limited to, lot profits, shipment of product, or performance if services. 8 Notices. All notices to be given ours ant to the Agreeme t iIl be delivered to the Cont'actor as listed on Page 1 of this Agreement. otice will be delivere pitirsuant to the requirement set forth the Mesa Standard Terms and Condit ons that is attached o the Agreement as Exhibit • | ' | 9� Representations a, Contractor has no obligations, legal or otherwise, inc sistent with the terms of the Agreement or with Contractor's undertaking of the relationship wi h the City b, Performance of the services cailed for by the Agr ement do not and will not violate any applicable law. rule, regulation- or any proprietary or ther right of any third party" c, Contractor will not use in the performance of� | any proprietary informationov trade secret ofaform:r employer of its employees (ather than City, ifapplioe@e); and d, Contractor has not entered into and will not enter into an I agreement whether oral Dr written, io conflict with the Agreement, � 10� Mesa Standard Terms and Conditicns. Exhibit Ctothz Ag*eement is the Mesa Standord Terms and Conditions as modified by the Po-tioy which are inco torated by reference into the as though fully set forth herein. |n the event of i stency between the tertris of the � Agreement and the Mesa Standard Tannu and Condid° language of the Agoa menz willcontroiThoPa�ieaoraPa�yansehu/reU,oaua^pe�y^ m rfies^ in the Mesa Otaod'rdTerms and Conditions. The Term/u referred toaa the-8erm^mMh' Mesa Standard Terms and Conditions, 11, Counterparts and Facsimile or Electronic Siqnatures. This Agreerrientmay be exec4ed in two (2)or more counterparts, each of which will be deemed a original and all of which,take"i together will constitute one agreement. A Jacsimile or other e ect I ronically delivered signatui i re to the Agreement will be deemed an original and binding upon he;Party against whom enfor I ement is 12� Incorporation of Recitals and Exhi:)its, All Recitals a # Exhibits to the Agreement a,e hereby incorporated by reference into the Ag,eement as if written out and included herein, In thi�event of any inconsistency between the terms of the body of the A,!reeiment and the Exhibqs, thellanguage of the Agreement will control, Exhibits to this Agreement are the folicwing� (A) Detailed Specifications/Technical Specifications (B) Pricing (C) Mesa Standard Terms and Conditions 11 AttorneVs' Fees. The prevailing Part�y in any litigation ari-ing out of the Agreement will tie entitled to the recovery of its reasonable atiomey's fees. court co-ts. and other litigation related iiinsts and fees from the other Party, 14. Additional Acts, The Parties agree to execute pmmpU such other documents and to perform-, such other acts as may be reasonably necessary to corry out the purpose and intent of the *gn*nmonL /5 H*adinqo, The headings of the AgrEement are for refer.nce only and will not limit or oelfine the meaning of any provision o/the 4greement ' � / | � \ | / � • RESPO IDENT CERTIFICA ION By submitting the Response and signi g this Certification. e Respondent understa ds and certifies to all of the following: a) The information provided in Res ondentis Response it itrue and accurate to the best of Respondent's knowledge b) Respondent is under no lega prohit Don that would prey nt F2espondent from contractin• with the City of Mesa. c) Respondent has read and understa ds the Solicitation p cket as a whole (including atta!hments, exhibits, and referenced documents and: (i)can attest t at Respondent is in complianc with the requirements of the Solicitation pac et, and (ii)is capabi of fully carrying out the requir ments of the Solicitation as set forth in Respc dent's Response. d) To Respondent's knowledge, Re pondert and Res ndent's employees have n known, undisclosed conflicts of interest as i efined by applicable jlawor City of Mesa Procurement Rules. If Respondent or Respondent emi loyees have a kno n ctonflict of interest, Respondent has disclosed the conflict in its Responsf e) Respondent did not engage in an anti-competitive prcties related to its Respone or the Solicitation. The prices offered by Respondent w4re independently developed without consultation or collusion with any ot er Respondents or Dtential Respondents f) No gifts, payments or other consi.,eration were made Ito any City employee, officer] elected official, agent, or consultant who s or may have a rule n the procurement processe for the services/materials covered by the S.dicitation. g) Respondent grants the City of Mata permission to coy ell parts of its Response including, without limitation any documents a d materials copyngh ed by Respondent: (i) for the City's use in evaluating the Response, and (ii) o be disclosed in re porse to a publ.c records request under Arizona's public records law (A.R.' § 39-121 et, seq. or;other applicable law, subpoena. or other judicial process provided suc disclosure is in acc rdance with City of Mesa Proi urement Rule 6 13. h) If a contract is awarded to Respondent as a result of th Response submitted to the Silicitation Respondent will. i. Provide the materials or - rvices specified in the Response in compliancej with ail applicable federal, state,an. local statutes rules land policies; ii Honor all elements of the "t-sponse submitted by Respondent to the City inclu; ing, but not limited to, the price and e materials/service to be provided' and iii. Enter into an agreement ith the City based! on the terms and conditioni Of the Solicitation and the Respon•e, subject to any ne tiated exceptions and terms i) Respondent is current in all obligati.ns due to the City in luding any amounts owed the sty and any licenses/permits required for t e general lawful cnduct of business. Respond nt shall acquire all licenses/permits necessary to lawfully condijct business specific to the S licitation prior to the execution of a contract th the City pertainingjto ttie Solicitation j) The signatory of this Certification i an officer or duly a4ithorized agent of Respondend with full power and authority to submit bindi 4) offers for the good-/services specified herein. Reepondent intends by the submission of this ertification to be ...und by the terms of the Ce ;fication. Solicitation, and Response, subject t. any negotiated te s/exceptions. ACCEPTED AND AGREED TO BY RESPO DENT: Company Name: BERGE FORD Signatur Printed Name. THERESA WORTHEN .• Title GOVERNMENT FLEET SALES Date. id-1)i-) • • • City Acceptance of Offer ACCEPTANCE OF OFFER: • The offer is hereby accepted. The Contractor is now bound to sel the materials or serviceis specified in the Contract, including all terms and conditions, specifications. adden,a,etc. This contract shall he .` eforth be referred to as Contract Number 2018086. Awarded this 19th day of March. 2018. Digitally signed by Edward Qaedens Location:City of Mesa fiu less Services Date:2018.04.10 11:0328-0700' Edward Ouedens, CPPO. C.P.M. As Business Services Director REVIEWED BY By: DJW 4111111 mesa az CONTRACT ASSIGNMENT Contract Title: 2019 Light Duty Half Ton Pickup Trucks Contracting Agency: Mesa Contract Number: 2018086 Effective Date: 3/1/2019 Expiration Date: 2018086 Questionnaire Is the contract performance expected to Change due to the assignment? Yes No Are there any material changes to the contract such as terms or obligations; specifications; timelines or delivery periods; price; etc.? Yes NQ No Is the contract high profile? Yes N No Is there a political element? Yes V No Was the contract recently awarded? Yes X No If yes, was the new contractor a respondent? Yes N No Comments Name change from Berge Ford to Larry H. Miller Ford Mesa, effective March 1, 2019. All other terms are to remain unchanged. Reviews: ,. l 04'" ( 4/3/2019 4/8/2019 1) Procure ent Officer Date 2) Purchasing Administrator Date Chief Procurement Officer: Memo to Council Council Approval 3) Chief Procurement Officer Date rev.Jan 2015 Page 1 of 1 Contract Assignment EXHIBIT B TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA [Contractor Quotation] See following pages. "We Take Care of Our Neighbors" BERGE FORD 460 E. Auto Center Customized Desking Mesa,AZ 85204 Proposal Options (480)497-1111 www.bergeford.com :I � \ llYER Deal#: 281746 FOUNTAIN HILLS FIRE DEPT Deal Type: Retail 16705 E Deal Date: 02/19/2019 FOUNTAIN HILLS,AZ 85268-3815 Home#: (602)326-6051 Home#: Print Time: 03 51pm Work#: Work#: Salesperson 1: THERESA WORTHEN Email: ]PIERCE@FII.AZ.GOV Email: Salesperson 2: VEHICI, , New Used Stock#: Description: VIN: Mileage: Demo ORDER 2019 FORD TRUCK F-150 SERIES TRADE — .AF TERMARKETS ..... AEP UP-FIT $ 10,019.32 Berge Ford Sale Price: $ 40,349.00 Total Financed Aftermarkets: $ 10,019.32 Total Trade Allowance: $ 0.00 Trade Difference: $ 50,368.32 Documentary Fee/VTR: $ 0.00 State&Local Taxes: $ 4,054.65 Total Aftermarkets: $ 10,019.32 Total License and Fees: $ 5.00 Total Cash Price: $ 54,427.97 Total Trade Payoff: $ 0.00 Delivered Price: $ 54,427.97 Rate Cash Down Payment+Deposit: $ 0.00 Total Unpaid Balance/Amount to Finance: $ 54,427.97 Unpaid Balance/Amount to Finance: $ 54,427.97 ESC Premium: $ 0.00 GAP Insurance: $ 0.00 Customer's Signature Accepting Berge Ford's Proposal LAH/IUI Premium: $ 0.00 LAH/IUI Premium: $ 0.00 Total Unpaid Balance/Total Approving App g Sales Manager's Signature Accepting Customer's Offer ' Total Unpaid Balance/Total Amount to Finance: $ 54,427.97 I, Desk Manager: All payments and APR subject to credit approval as stated by the accepting(ending institution. "World Class Customer Service... Before, During and After the Sale" IMS2 screen capture Pagel of l CNGP530 VEHICLE ORDER CONFIRMATION 02/05/19 11 : 06: 46 Dealer: F71175 2019 F-150 Page: 1 of 2 Order No: G039 Priority: Dl Ord FIN: QW505 Order Type: 5B Price Level : 950 Ord PEP: 301A Cust/Flt Name: FTN HILLS PO Number: RETAIL DLR INV RETAIL DLR INV W1E F150 4X4 CREW $42915 $40125. 00 7000# GVWR 145" WHEELBASE CA XLT VALUE PK PQ RACE RED PRO TRAILER AST M PREM CLOTH 53A TRAILER TOW PKG 995 906. 00 G MED EARTH GRAY MIR DUAL PWR 301A EQUIP GRP 2150 1957 . 00 55A FX4 OFF ROAD 905 823. 00 .XLT SERIES . 8-WAY PWR SEAT TOTAL BASE AND OPTIONS 53690 46554 . 12 .REAR DEFROSTER XLT MID DISCOUNT (1000) (910 . 00) . SIRIUSXM RADIO XLT MID DISCT CRM/SPRT (750) (683. 00) 995 5 . 0L V8 FFV ENG 1995 1816. 00 TOTAL 51940 44961 . 12 44G ELEC 10-SPDAUTO *THIS IS NOT AN INVOICE* T8C LT275/65R18C 295 269. 00 XL6 3 . 73 ELEC LOCK 150 137 . 00 * MORE ORDER INFO NEXT PAGE * LT CAPABILITY F8=Next F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit F5=Add to Library S006 - MORE DATA IS AVAILABLE. QC20305 https://www.fmcdealervt3270.ford.com/w2h/WEB2AJAX.htm+IMS2 2/5/2019 IMS2 screen capture Page 1 of 1 CNGP530 VEHICLE ORDER CONFIRMATION 02/05/19 11: 16: 11 __> Dealer: F71175 2019 F-150 Page: 2 of 2 Order No: G039 Priority: D1 Ord FIN: QW505 Order Type: 5B Price Level : 950 Ord PEP: 301A Cust/Flt Name: FTN HILLS PO Number: RETAIL DLR INV RETAIL DLR INV . SKID PLATES TOTAL BASE AND OPTIONS$53690 $46554 . 12 . FLOOR LINER XLT MID DISCOUNT (1000) (910. 00) 655 EXT RANGE TANK 445 405.00 XLT MID DISCT CRM/SPRT (750) (683. 00) 67T TRL BRAKE CONTR 275 250 . 00 TOTAL 51940 44961 . 12 76R REV SENSING SYS 275 250 . 00 *THIS IS NOT AN INVOICE* 86B XLT CHROME PKG 1695 1543. 00 .CHROME STEP BAR . 18" CHROME-LIKE FLEX FUEL SP DLR ACCT ADJ (2154 . 00) SP FLT ACCT CR (1384 . 00) FUEL CHARGE 9. 12 B4A NET INV FLT OPT NC 7 . 00 DEST AND DELIV 1595 1595 . 00 F7=Prev F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit F5=Add to Library S099 - PRESS F4 TO SUBMIT QC20305 https://www.fiucdealervt3270.ford.com/w2h/WEB2AJAX.htm+IMS2 2/5/2019 � $ Quotation Date Page itvir` Feb 4,2019 1 Order Number QTE0023393 Arizona Emergency Products 3433 E Wood St Phoenix,AZ 85040 Phone: (602)453-9111 Fax: (602)453-3743 Sold To: Ship To: Berge Ford Berge Ford 460 E Auto Center Dr 460 E Auto Center Dr Mesa,AZ 85204 Mesa,AZ,85204 Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Fountain HAc Fire!Fleroe Ford F15r' BER10601 TFH Feb 4,2019 NFT 0 Year Make Model Color State Contract# 2019 Ford F150- NA Qty. Item I Vendor Part Number Ord. Description Unit Price Tax Extended Price Berge-Theresa Worthen 480-497-7544 tworthen@bergeford.com Fountain Hills Fire-Jeff Pierce 480-749-5258 Fountain Hills Fire!Berge Ford F150 Crew Cab Chief F150 **`Front Of Vehicle*** ***Push Bumper*** 1.00 BUMP00704 /36-52065 Westin Elite XD push Bumper Ford F-150 482.1300 N 482.13 ***Grill Lighting""" 2.00 MISC90000 /MISC Whelen Inactive TLI2D Red/White LEDs 109.9000 N 219.80 "*"Headlight Flasher*** 1.00 FLAS00095 /ETHFSS-SP 100%SS multi pattern headlight flasher no 35.0000 N 35.00 ""Speakers Mounted to Push Bumper"- Quotation continued on next page... I QIJOta�It7t1 Date Page i�fr Feb 4,2019 2 l Order Number °F QTE0023393 Arizona Emergency Products 3433 E Wood St Phoenix,AZ 85040 Phone: (602)453-9111 Fax: (602)453-3743 Sold To: Ship To: Berge Ford Berge Ford 460 E Auto Center Dr 460 E Auto Center Dr Mesa,AZ 85204 Mesa,AZ,85204 Reference PO Number Customer No. Salesperson Order Date Ship Via Terms *Fountain Hills Fire/Berge Ford Fla RFl 1n6O1 TFH Feb 4,9019 NFT.0 Year Make Model Color State Contract# 2019 Ford F150- NA Qty. Item/Vendor Part Number Ord. Description Unit Price Tax Extended Price 2.00 SPEA00062 /SA315P SA315P SPEAKER,BLACK PLASTIC 229.6000 N 459.20 PL-2014-01-01 2.00 SPEA00067 /SAKI Whelen Universal Siren Mount for SA315P Siren 28.7000 N 57.40 Speaker. ***Master Wiring Harness*** , 1.00 PATC00200 /03-0115 Full Patrol Power for F-150 New Aluminum Body 499.0000 N 499.00 ***Front 1/4 Panel LEDs*** 2.00 MISC90000 /MISC Whelen Inactive TLI2D Red/White LEDs 109.9000 N 219.80 ***Slick Top Windshield Lightbar*** 1.00 LBAR03116 /ISFW478 DUO FST INNER EDGE XLP 10LT FOR 15+F-150 1,277.1400 N 1,277.14 '**Under Side Mirror LEDs*** 2.00 LEDS03659 /ENT2B3RBW Soundoff under mirror Intersector LED tri-color 149.0000 N 298.00 red/blue/whi ***Interior Rear Window Lighting*** Quotation continued on next page... f Quotation Date Page m (xr � Feb 4,2019 3 Order Number QTE0023393 Arizona Emergency Products 3433 E Wood St Phoenix,AZ 85040 Phone: (602)453-9111 Fax: (602)453-3743 Sold To: Ship To: Berge Ford Berge Ford 460 E Auto Center Dr 460 E Auto Center Dr Mesa,AZ 85204 Mesa,AZ,85204 Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Foontsin HiJJs Fire!Berge Ford Fig. ER10 0t1 TFH Feb 4,2019 NET30 Year Make Model Color State Contract# 2019 Ford F150- NA Qty. Item/Vendor Part Number Ord Description Unit Price Tax Extended Price 1.00 LBAR03040 /D6RRRBBB Dominator 6LED R!R/RIB/B/B 370.3000 N 370.30 ***Bed ARE Fusion Cover*** 1.00 MISC90000 /MISC ARE Fusion Painted to match Race Red Toms 1,468.9500 N 1,468.95 ***Exterior Rear Lighting*** ***LED to Replace OEM Reverse Light*** 2.00 LEDS03657 /ELUC3H010E 5 wire independent control UC Universal LED Insert BM/ 66.5000 N 133.00 ***Tail Flasher*** 1.00 FLAS00022 /ETFBSSN-P Sound Off backflash module.Ford 38.5000 N 38.50 ***L:ight Strip Mounted between Tail Gate and Bumper 3.00 MISC90000 /MISC Whelen PSD02FCR Strip Light plus duo Red White 120.4000 N 361.20 mounted rear ***Radio Items"*" 3.00 ANTE00364 /NMOKHFUDFME":' Twenty-Five(25)Foot Radio Coax Cable Kit with FME 19.9000 N 59.70 Quotation continued on next page... Tv„ u Quotation Date Page ACI$ 9; Feb 4,2019 4 Order Number QTE0023393 Arizona Emergency Products 3433 E Wood St Phoenix,AZ 85040 Phone: (602)453-9111 Fax: (602)453-3743 Sold To: Ship To: Berge Ford Berge Ford 460 E Auto Center Dr 460 E Auto Center Dr Mesa,AZ 85204 Mesa,AZ,85204 Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Fountain Hills Fire/Berae Ford F15C F..FR106O1 TFH Feb 4,2019 NFT30 Year Make Model Color State Contract# 2019 Ford F150- NA Qty. Item!Vendor Part Number Description Unit Price Tax Extended Price Ord. 2.00 RADI00731 /HSN4032B Motorola Radio Speaker 70.0000 N 140.00 "'Graphics"' 1.00 VACC00885 /Graphics Graphics Kit and Installation 965.2000 N 965.20 39.00 LABO90060 /LABOR EVT Installation Labor 65.0000 N 2,535.00 1.00 INST05440 /AEP-Misc Shop Supplies 100.0000 N 100.00 Shipping N 300.00 Customer Supplied Materials/Equipment 0.00 INST05685 /CSM CSM Truck Bed Cargo box and slider 0.0000 N 0.00 1.00 INST05685 /CSM CSM Remote Hand Held Motorola APX 7500 0.0000 N 0.00 1.00 INST05685 /CSM CSM Remote Hand Held 200 Watt Siren Controller 0.0000 N 0.00 Thank you for the opportunity to earn your business Parts 7,184.32 Terms&Conditions Labor/Services 2,535.00 Trans/Trip!Fee 0.00 •Estimates valid for 60 days •Our installations are backed by a 5-year quality warranty Shipping 300.00 •Orders will be invoiced upon notification of completion Order Discount 0.00 •Returns subject to 25%restocking fee.No returns on special order items. 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Weldy Department:Public Works Vendor's Name: LHM CORP MFD Vendor Number: 1120 Address:460 East Auto Center Drive Mesa,AZ 85204 Phone:480-497-7548 Received W9:0 Y ® N ❑ ALREADY IN SYSTEM Business License#:NA Exp. Date: NA ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: VRF 8010 Accounting Code: Accounting Code: TBD(used for variety of different Choose an item. things/departments/funds): CONTRACT SUMMARY Contract Number Assigned: C2018-107.1 Current Contract Total: $54,427.97 Total Contract Amount with $100,830.31 Renewals: Brief Description of Service: New/Replacement Vehicle FY 18-19 If Renewable: #1 Total#of Renewals Max: 2 FY Cumulative Vendor Totals: Does this Contract put it over$50,000 ® Yes ❑ No Contract Beginning Date: 6/5/2018 Contract Expiration Date: 6/5/2019 Budgeted Expenditure: ® Yes ❑ No Budget Page#: 410 Approved by Council: ® Yes; Date: 5/7/2019 ❑ No ❑ N/A Insurance Certificate provided: ❑ Yes ❑ No ® N/A Warranty Period: ® Yes ❑ No If Yes,expires SEE AGREEMENT Estimated Start Date: 5/7/2019 Estimated Completion Date: 6/5/2019 GRANT SUMMARY Paid for by Grant: ❑ Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/21/16 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Date of Request:2/26/2019 Justin T. Weldy 480-816-5133 Date Director Approved Request: jweldy@fh.az.gov 2/26/2019 Procurement Approval by: Craig Rudolphy Due Date (From Town Attorney's office): 2/26/2019 1/12/20 19 • Deadline for return of request from Legal is 10 Yes ® No: ❑ - Contact Finance Director business days after Procurement Approval. Council Meeting Date: • Deadline for completed packet items submitted to Item does not require Council approval ❑ the Town Clerk - 12 PM the Wednesday 2 weeks prior to the date of the Council meeting. Request for Legal staff: Prepare the first amendment to a cooperative purchasing agreement C2018-107 in the amount not to exceed ($54,427.97) using the attached City of Mesa documents. For the purchase of one light duty Ford Truck Proposed Agenda Language (if applicable): Consent Agenda Item ❑ Regular Agenda Item CONSIDERATION of approving the first amendment to Cooperative Purchasing Agreements C2018-107 with Berg Ford for the purchase of one new light duty truck in the amount not to exceed$54,427.97 Vendor/Consultant/Agreement/Agency Information: Contact Name: Scott Dietrich Entity Name: Berge Ford Entity Address: 460 East Auto Center Drive Mesa,AZ 85204 Entity Phone, Fax and E-mail address: 480-497-7548 480-497-7622 sdietrich@bergeford.com Town of Fountain Hills Business License Number: NA Arizona Corporation Commission File Number: 0045407 Documents Requested: ❑ PA(Purchase)/Amendment ❑ Ordinance# (Draft attached Y//N) ❑ IFB (Invitation for Bid) Publication Dates for Zoning Actions: ❑ RFQ (Request for Qualifications) ElResolution# (Draft attached Y//N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA (Construction)/Amendment ❑ Deed (Specify Type) ❑ QSP ❑ IGA/Amendment(Corresponding Resolution El Purchasing Agreement Approval Required) AMENDMENT ❑ PSA/Amendment ❑ Other Required Contract/Agreement Information: Method of Vendor Selection:SAVE Term of Contract/Agreement:June 5,2019 Contract Amount(this contract):$54,427.97 Cumulative Contract Amount: $100,830.31 Brief description of services/goods being sought: Replacement Vehicle Contract#assigned: C2018-107 Funding Source: VRAD Project No. Budget Transfer Required: ; if yes, attach appropriate documentation Staff Check List: A"request for legal services form"will be returned if submitted without the necessary information and attachments. "Scope of Work or Specifications Attached *QSP Document Attached *Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement Attached g:\streets\fleet vehicles\fy18-19\fre chief ford f-I50\berge ford\request+for+legal+services+form berge ford fire chief vehicle.docx Rev. 12/2016 *Proposal or Statement of Qualifications from Vendor Attached *Bid/RFQ/RFP Schedule Attached Finance requires a"contract cover sheet" prior to processing the approved/signed contract/agreement for payment(s). g:\streets\fleet vehicles\fyls-19\fire chief ford f 15o\berge ford\request+for+legal+services+form berge ford fire chief vehicle.docx Rev. 12/2016 � `A�NI TOWN OF FOUNTAIN HILLS Nc,„ 0 TOWN COUNCIL . moor 1111/ • AGENDA ACTION FORM t*at Is 01 Meeting Date: 5/7/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, 480-816-5133 jweldy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF Approving Professional Services Agreement C2019- 087 with Montgomery Engineering & Management, L.L.C. for civil engineering services in the amount not to exceed $105,000.00 over the three year term. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: Adopted Procurement Code. Staff Summary (background): This Agreement will allow staff to accomplish projects approved by Town Council annually as part of the budget. The projects include, Capital Improvements, Engineering projects, Pavement Management, Park and Right-of-Way improvements. This agreement will significantly reduce the time and effort required by Town staff to complete projects on time and within budget due to limited staffing in the Engineering and CAD/GIS Departments. Montgomery Engineering is a long established and well-respected local firm and has collaborated with Town staff on numerous projects over the last thirty years. This Professional Services Agreement with Montgomery Engineering and Management, LLC will be the base contract utilized by staff for anticipated work approved by Town Council as part of the Town budget. Risk Analysis (options or alternatives with implications): Possible delays for Council approved projects. Fiscal Impact (initial and ongoing costs; budget status): $35,000.00 (initial term) $105,000.00 (with two additional renewals) Budget Reference (page number): 338 Funding Source: Multiple Funds If Multiple Funds utilized, list here: 100, 200, 410, 460, 600 Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NA Page 1 of 2 Staff Recommendation(s): Staff recommends Approving Professional Services Agreement C2019-087 with Montgomery Engineering & Management, L.L.C. for Civil Engineering Services in the amount not to exceed $105,000.00 over the three year term. List Attachment(s): Professional Services Agreement C 2019-087 SUGGESTED MOTION (for Council use): Move to Approve Professional Services Agreement C2019-087 with Montgomery Engineering & Management, L.L.C. for Civil Engineering Services in the amount not to exceed $105,000.00 over the three year term. Prepared by: Approved: mak 411 c_ 4 )/\•A.°(./ Justin Weldy, Public Works Director 3/27/2019 rady . Miller,To -ger 4/25/2019 it tor's Approval: J stin Weldy,Publi6 Works Direct 3/27/2019 Page 2 of 2 Contract No. 2019-087 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MONTGOMERY ENGINEERING & MANAGEMENT,L.L.C. THIS PROFESSIONAL SERVICES AGREEMENT(this"Agreement") is entered into as of May 7, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Montgomery Engineering & Management, L.L.C., a(n) Arizona limited liability company(the "Vendor"). RECITALS A. Pursuant to Section 7.1 of the Town's Procurement Policy and Section 3-3-26 of the Town Code, the Town may directly select certain vendors for professional and technical services. B. The Town desires to engage the Vendor to provide civil engineering services, including, but not limited to, civil engineering plans, specifications, construction details and/or construction documents, engineering estimates, and surveying for various Town projects (the "Services"). C. The Town desires to enter into an Agreement with the Vendor to perform the Services, more particularly set forth in Section 2 below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until May 7, 2020 (the "Initial Term"), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up two successive one-year terms(the"Renewal Term")if(i)it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal,(ii)at least 30 days prior to the end of the then-current term of this Agreement,the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing(including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Vendor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a "Work Order"). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project- specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $105,000.00 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor's performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIz. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made"basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor's responsibility to forward renewal certificates and declaration page(s)to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Vendor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of$1,000,000 each occurrence on Vendor's owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Vendor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIz. CONST. ART. IX, § 5 and ARIz. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation ation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Vendor: Montgomery Engineering & Management, LLC 16716 East Parkview Avenue, Suite 204 Fountain Hills, Arizona 85268 Attn: Dave Montgomery or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor's duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIz. REV. STAT. § 23-214(A). Vendor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIz.REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] 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 04(1 Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Vendor" MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C, a(n) Arizona limited liability company By: v — Name: "t- l(-- • rn%„-g s -•� Title: erg-ram (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On L F . • /6t' , 2019, before me personally appeared 44 M Ern ArizoC.144AI-- of MONTGOMERY ENGINEERING & MANAGEMENT, L.le. ., a ) na limited liability company, whose identity was proven to me on the basis of satisfacto evidence to be the-Pr'p/A p_,c of the limited liability company. EUZAE ETH A.BURKE NoYry Ate-MOdhlerss MARIOO M00W11tl' otary �• Comlislon 0/61M1 „o Expires August 15,21i2 (A fix notary seal here) 4827-1592-1041 v.1 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C. [Fee Proposal] See following pages. MONTGOMERY A �A ENGINEERING & MANAGEMENT, L.L.C. April 18, 2019 Mr.Justin Weldy, Public Works Director 16705 E. Avenue of the Fountain Fountain Hills, AZ 85268 Re: Professional Services Contract Fee Schedule Mr. Weldy, 1 Professional services offered by Montgomery Engineering & Management, L.I.C. will be based on hourly fees for work performed as follows: Discipline 2019 rate Structural Engineer, P.E. $140/ hour Civil Engineer, P.E. $140/ hour CAD Technician $85/hour Office Manager and Clerical $45/hour Consultants will not be provided under this contract. The above rates will increase 5% above the previous year at the end of each fiscal year. If work billed is less than $30,000 per fiscal year, Town shall pay consultant an additional fee calculated at 10%times $30,000 less the amount billed for the fiscal year,this fee is above and beyond the hourly rate to compensate for additional insurance fees required. Printing costs and other typical office expenses will be billed at cost plus 10%. Thank you for the opportunity to present the proposed fees. We look forward to working with you on town projects. Sincerely, David R. Montgomery, P.E. President 16716 E. Parkview Avenue, Suite 204 * Fountain Hills, Arizona 85268 (480) 837-1845 * (480) 837-8668 fax d, dave@civilaz.com �TAINI,r! ol` ' a n CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT 9!t or that is ar*ti Date: 4/24/2019 Staff's Name:Justin T.Weldy Department: Public Works Vendor's Name: Montgomery Engineering& Vendor Number: 1052 Management, LLC Address: 6716 E. Parkview Ave,Suite 204, Fountain Hills,AZ 85268 Phone: 480-831-1845 Received W9:❑ Y ❑ N ® ALREADY IN SYSTEM Business License#: Pending 417 Exp. Date: 02-28-2020 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: Accounting Code: Accounting Code: TBD(used for variety of different Various 6408 35,000.00 things/departments/funds): CONTRACT SUMMARY Contract Number Assigned: C2019-087 Current Contract Total: 35,000.00 Total Contract Amount with Renewals: 105,000.00 Brief Description of Service: Civil Engineering Services If Renewable: Original Total#of Renewals Max: 3 FY Cumulative Vendor Totals: Does this Contract put it over$50,000 ® Yes ❑ No Contract Beginning Date: 5/7/2019 Contract Expiration Date: 5/7/2020 Budgeted Expenditure: ® Yes ® No Budget Page#: 217 Approved by Council: ® Yes; Date: 05-07-2019 ❑ No ❑ N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes ® No If Yes, expires Estimated Start Date: 5/7/2019 Estimated Completion Date: 5/7/2020 GRANT SUMMARY Paid for by Grant: ❑ Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/21/16 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Date of Request:3/27/2019 Justin T.Weldy jweldy@fh.az.gov 480-816-5133 Date Director Approved Request: 3/27/2019 Procurement Approval by: Craig Rudolphy Due Date (From Town Attorney's office): 3/27/2019 4/10/2019 • Deadline for return of request from Legal is 10 Yes ® No: ❑ -Contact Finance Director business days after Procurement Approval. Council Meeting Date: • Deadline for completed packet items submitted to Item does not require Council approval ❑ the Town Clerk - 12 PM the Wednesday 2 weeks prior to the date of the Council meeting. Request for Legal staff: Prepare a PSA for civil engineering services, specifically but not inclusive to, civil engineering plans, specifications, construction details and/or construction documents, engineering estimates, and surveying for any Town project. Proposed Agenda Language (if applicable): Consent Agenda Item ❑ Regular Agenda Item CONSIDERATION of approving Contract C2019-075 with Montgomery Engineering&Management, LLC, for Civil Engineering Services. Vendor/Consultant/Agreement/Agency Information: Contact Name: Dave Montgomery Entity Name: Montgomery Engineering& Management, LLC Entity Address: 16716 E. Parkview Ave, Suite 204, FOuntain Hills,AZ 85268 Entity Phone, Fax and E-mail address: Dave@civilaz.com Town of Fountain Hills Business License Number: 417 Arizona Corporation Commission File Number: L08147192 Documents Requested: ElPA(Purchase)/Amendment ElOrdinance# (Draft attached Y//N) ❑ IFB (Invitation for Bid) Publication Dates for Zoning Actions: ❑ RFQ (Request for Qualifications) ElResolution# (Draft attached Y//N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA(Construction)/Amendment ElDeed (Specify Type) ❑ QSP ❑ IGA/Amendment(Corresponding Resolution 111 Cooperative Purchasing Agreement Approval Required) ❑ Other PSA/Amendment Required Contract/Agreement Information: Method of Vendor Selection:Direct Term of Contract/Agreement:Three years Contract Amount(this contract): 35,000 Annually Cumulative Contract Amount:105,000 Brief description of services/goods being sought: Civil Engineering services Contract#assigned: C2019-075 Funding Source: Multiple Project No. NA Budget Transfer Required: NA; if yes, attach appropriate documentation Staff Check List: A"request for legal services form"will be returned if submitted without the necessary information and attachments. "Scope of Work or Specifications Attached "QSP Document Attached *Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement Attached *Proposal or Statement of Qualifications from Vendor Attached "Bid/RFQ/RFP Schedule Attached g:\streets\fy 18-19\montgomery engineering\rtls montgomery engineering.docx Rev. 12/2016 .�y^�AIN�l TOWN OF FOUNTAIN HILLS 40 tam z n TOWN COUNCIL • —r AGENDA ACTION FORM rkat�tioo Meeting Date: 5/7/2019 Meeting Type: Regular Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov REQUEST TO COUNCIL (Agenda Language): DISCUSSION with possible direction relating to any item included in the League of Arizona Cities and Towns'weekly Legislative Bulletin(s)or relating to any action proposed or pending before the State Legislature. Applicant: NA Applicant Contact Information: NA Owner: N/A Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary(background): This agenda item will appear on the Regular Meeting agendas through the end of this year's Legislative session. It is intended to provide an opportunity for Council to discuss any proposed or pending legislation before the State Legislature, and possibly take action in response thereto. Risk Analysis (options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Budget Reference(page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): SUGGESTED MOTION (for Council use): Council may give direction to the Town Manager to express a position to the Legislature or other body with respect to any item on the League update. Prepared by: Approved: V . Elizabeth A.Burke.Town Clerk 4/29/2019 Grady E.Miller,Town ag 4/29/2019 Page 1 of 1