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Home My WebLink About2003.1106.TCREM.Packet0-9 o a o 4 `fat is NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor wally Nichols Vice Mayor Rick Melendez Councilwoman Leesa Stevens Councilman Mike Archambault Councilwoman Kathy Nicola Councilman John Kavanagh Councilwoman Susan Ralphe WHEN: THURSDAY, NOVEMBER 6, 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 1.) VOTE TO GO TO GO INTO EXECUTIVE SESSION; PURSUANT TO A.R.S. § 38-431.03.A.3, for discussion or consultation for legal advice with the attorney or attorneys of the public body. 1% 2.) RETURN TO THE REGULAR SESSION. E:\Clerk\AGENDASURECULAR\2003\Regular and Executive Session 11-6-03.doc Page 1 of 3 Last printed 11/5/2003 2:51 PM • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION-_- Pastor Jim Utz, Fountain H111s Community Church • ROLL CALL — Mayor Nichols • MAYOR'S REPORT - Mayor Nichols will read a proclamation declaring November 8, 2003 "World Town Planning Day". • SCHEDULED PUBLIC APPEARANCE/PRESENTATION ❖ Mayor Nichols will introduce Arizona Senator Carolyn Allen who will provide an update. ❖ Wayne Parker, Director of Research & Evaluation for the Virginia G. Piper Charitable Trust, will present the AdvantAge Survey Results. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" :unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be laced on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the Council MEETING MINUTES of 10/09/03 and 10/16/03. *2.) CONSIDERATION of RESOLUTION 2003-65 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the easterly property lines of Lot 47, Block 1, Plat 604A (15221 E. Ridgeway Drive) as recorded in Book 165 of Maps, Page 16, Records of Maricopa County, Arizona with stipulation. EA03-20 (Breznak). *3.) CONSIDERATION of RESOLUTION 2003-66 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line and a portion of the public utility easement at the easterly property line of Lot 48, Block 1, Plat 505C (16819 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona, with stipulation. EA03-21 (Carlson) *4.) CONSIDERATION of awarding the CONTRACT to e group, inc. for architectural services for Fountain Park — Phase H improvements. *5.) CONSIDERATION of the EXTENSION OF PREMISE application submitted by Helga Essert for Golf International located at 10440 Indian Wells Drive. Golf International is requesting a permanent 400 square foot extension of the lounge. 5 min REGULAR AGENDA 5 min 6.) CONSIDERATION of the DISSOLUTION of the Developer Advisory Committee. 7.) CONSIDERATION of a LIQUOR LICENSE application submitted by Misto Grill located at 5 min 11056 N. Saguaro Blvd. The application is for a Class 12 (restaurant) license. 8.) CONSIDERATION of the FINAL PLAT for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private 30 min access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. 9.) DISCUSSION with possible direction to staff to reduce the PERMIT FEES for grand opening 20 min and ribbon cutting banners. E:\C1erkWGENDAS\REGULAR\2003Utcgular and Executive Session 11-6-03.doc Page 2 of 3 Last printed 11/52003 2:51 PM 10.) PUBLIC HEARING to receive comments on ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, relating to requirements in Section 6.08 of the Sign Regulations. Case 30 min #Z2003-08. 11.) CONSIDERATION of ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, min vw relating to requirements in Section 6.08 of the Sign Regulations. Case #Z2003-08. 12.) PUBLIC HEARING to receive comments on a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC" Zoning District located on El Lago Blvd., east of Saguaro Blvd. Aka Parcel 12, Lot 2; 15 min Case #SU2003-07. 13.) CONSIDERATION of a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC" Zoning District located on El Lago Blvd., east of Saguaro Blvd. aka Parcel 12, Lot 2; Case #SU2003- 5 min 07. 14.) PRESENTATION of CIVIC CENTER — PHASE II research, with possible approval of an i 30 min agreement for predesign services. 15.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths 10 min and weaknesses and discuss possible improvements for future meetings. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. Requested by Vice Mayor Melendez: Placing the discussion of a brief staff report on a future agenda on the subject of the Town's traffic control activity and/or standards with 5 min regard to the status of current engineering, education, and enforcement issues. �MM 17.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:45 pm 18.) ADJOURNMENT. DATED this 5`b day of November, 2003 Bevelyn J. Ben r, To vf1 Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 nice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this Meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\ClerkWGENDASTMLTLAR\2003\Regular and Executive Session 11-6-03.doc Page 3 of 3 Last printed 1115f"3 2:51 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:;❑ Meeting Date: 11/6/03 Contact Person: Bender Requesting Action: ❑ Tvue of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft Minutes Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving the Council MEETING MINUTES of 10/9/03 and 10/16/03. Staff Recommendation: Approve Fiscal Impact: No _ Purpose of Item and Background Information: Approval of draft minutes for archival purposes. List All Attachments as Follows: Draft minutes from 10/9/03 and 10/16/03. Type(s) of Presentation: None Signatures of Submitting Staff: Department He a 3� (on 3 To anager Budget Review (if item not budgeted or exceeds budget amount) LM V~ Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 11/6/03 Contact Person: Torn Ward Requesting Action:® TVpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only,;❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by Misto Grill located at 11056 N. Saguaro Blvd. The application is for a Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the MCSO. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo, MCSO memo, application front page Type(s) of Presentation: Signatures of Submitting Staff: 4/. 1&V�`"1,A1111,f /,Or/ Dep tmen ead ,.� lD -3/6 3 Town Manager Budget Review (if item not budgeted or exceeds budget amount) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 AFFIDAVIT OF POSTING 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 Date of Posting: 9/29/03 Date of Posting Removal: 10/20/03 Applicant Name: POMA ALBERT Last First Middle Business Address: 11056 N. SAGUARO BLVD. FOUNTAIN HILLS 85268 Street License #: 12075646 city Zip I hereby certify that pursuant to A.R.S. § 4-201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. BEVELYN BENDER Print Name of 11R7Di1dt�COtLcial OWIl TOWN CLERK Title 480/837-2003 Telephone # //- 7 -o 3 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 Lic0119 062003 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 I LOCAL"GOVERNING BODY RECOMMENDATION QfF)qTOWN OF FouNTATN HTT r STATE APPLICATION NO. 12075046 COUNTY OF MARICOPA , ARIZONA. aTY/TOWN/f,QI��T�i' NO ORDER NO At a REGULAR meeting of the (Regular or Special) Of FOUNTAIN HILLS Application of ALBERT POMA TOWN COUNCIL (Governing Body) of the Cft�/Town/County held on the 6th day of NOVEMBER 2003 the (Day of Month) (Month) (Year) for a license to sell spirituous liquors at the premises described in Application No. 12075646 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of ALBERT POMA is hereby recommended for APPROVAL (approval/c%iWPMM) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT i ql)T (SOWN/GOI CLERK BEVELYN DER FOUNTAIN HILLS This 6th day of NOVEMBER 2003 (Day of month) (Month) (Year) ' Disabled individuals requiring special accommodations please call the Department Gc 1007 08/1997 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 23, 2003 FR: Tom Ward Director of Pu 1' Works RE: Misto Grill Liquor License Application Albert Poma is requesting Council approval of a new Class 12 liquor license for Misto Grill located at 11056 N. Saguaro Blvd. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. The applicant has a Fountain Hills business license on file. Based on statutory compliance and a favorable recommendation from the MCSO, staff recommends approval. 0 \\earth\BBrannon\Liquor Licenses\Staff Memos\Misto Grill Liquor License Application.doc Page I of I `a. MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward DIRECTOR OF PUBLIC WORKS FOUNTAIN HILLS Subject: Liquor License — Misto Grill Memorandum From: Galen Reifschneider #960 Admin./Community Relations Deputy Date: October 20, 2003 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Misto Grill located at 11056 N. Saguaro Blvd. Background Investigation: This application is for an existing Class 12 liquor license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. The statues require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicant, Albert Poma is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for this owner. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor f 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 D L L C �) 520 628-6595 �� APPLICATION FOR LtO&WLAcI SE 1-1 1 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners Agents Partners Stockholders Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor I ining course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. �1`' p� 9'ZC%-03 SECTION 1 This application is for a: 1 SECTION 2 Type of ownership: n .,�,_ I p-Z j-03 'INTERIM PERMIT Complete Section 5 i ❑ J.T.W.R.O.S. Complete Section 6 �"'► //� 3 XNEW LICENSE Complete Sections 2, 3, 4,13,14,15,16, I ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4,11, 13,15, 16,17 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, I2, 13,15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: I G; D S� A OZ 1. Type of License: J _ 2. Total fees attached: $ 0—cr- APPLICA AON FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mr. 1. Applicant/Agent'sName:1G>s. (Insert one name ONLY to appear on license) Least First Middle 2. Corp./Partnership/L.L.C.: C / � !( /? (:toll- Q %yT/5 (Exactly as it appears 6n Mcles of Inc. or Articles of Org.) C 3. Business Name: 'a /' C-14- 42 / (Exactly as it appears on the exterior ofpremises) 4. Business Address: I l o' �� 41 � � 6 I/ �yC� �/%�i��r ��' �� C j �2- cap (Do not use PO Box Number) City COUNTY Zip ( S) siness ('hone: ( ) �3222 z 2 Residence Phone: 1� -% 6. Is the business located within the ' corporated limits of the above city or town? DYES ❑NO /L ((' ��ir i ' c 7. Mailing Address: / l c /� G t-f l� 1% L (� � `�' [/ �' f � i �✓ �`i� z 4- � City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY / /I Accepted by: Date t / / Lic. # � D7S (7 (r'. [�© Fees: Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 9U DAYS, AND CIRCUMSTANCES OFTEN RESULT' IN A LUINULR wAL I LIN i MKIUU. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need arb� to im Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issueol location. 3. Enter the license number currently at the location. % f A / 4. Is the license currently in use?/I� YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. 1, �J R9 K-r—,4-e �� , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR L _EN_ of the stated license and location. State ofCounty of X The foregoing instrument was acknowledged before me this (Signature) ` A2meeR boa OFFICIAL SEAL Day Month Year U JUANITA A A G NOTARY PUSUARIZONA My commission expires on:M'RICR'°°P" °OLNTY °u `T - (Signal re of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT. CARD, AND $24 FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Residence Address Partnership Name: (Only the first partner listed will appear on license) General -Limited Last First Middle % Owned ResidenceAdd State %-Ity ataw G1 n n of ❑ ❑ p/ ❑ ❑ "/ ❑ ❑ o/ kA1 lAk-H ALA)MUNAL SHEEP 1F NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address City State 2 h yZ o a 00 x 0 ° C n 7003 SEP 2 u q I 12 u �tya G ao d x � � ° � N o O rn d � t� �7t O N CR 4�6 O O a o. oc r7i V1 W t W O -� T11 SECTION.7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Artig& 6V ql g. and Operation Agreement 1.. Name of Corporation/L.L.C.: � �yy I P� � fI � '�CN' C (Exactly as it appears on Articles of Inc. or Articles of Org.) Zb J l SE P 2 ( A 2. Date Incorporated/Organized: U / % : 2 I I /Q � t/ � Z State where Incorporated/Organized: /'/ p 3. AZ Corporation Commission File No.: If 2 7y `f Date authorized to do business in AZ: 4. AZ L L C File No: Date authnri7erl to tin hiiginPQ4 in A 7- 5. Is Corp./L.L.C. non-profit? ❑ YES(tJNO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Reside re Addrecc rit„ Ct"tP 7;,, (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle % Owned Residence Address City State 7in 8 pia 2 2 L f= /V 14 Z ^io pia Rio (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Last First Middle Date Chartered: (Attach a copy of Club Charter or Bylaws)) Residence Address �W (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle add 3. License Type: License Number: ©L L C Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR J0fljNSW2ffIE ASSj(PN2g0 THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last Last First First Middle Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: 6. Current Mailing Address (other than business): License Number: Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. X (Signature of CURRENT LICENSEE) My commission expires on: R State of County of The foregoing instrument was acknowledged before me this Day Month Year (Signature ofNOTARY PUBLIC) 4W JN 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) JCANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. t - Crrrent Business Name and Address: (Ecactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: What date do you plan to open? 4. What date do you plan to move? SECTION 13 Questions for all in -state applicants: r r1v7,wr'y' /%Z f - 1. Distance to nearest school: —ft Name/Address of school: -7 five (Regardless of distance) /-/ �` ft. Name/Address of church: (S(Regardless stance to nearest church: of distance) �OWNER 3. Iam the: ❑LESSEE 11 SUBLESSEE ❑ pURCHASER (of premises) If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ What is the remaining length of the lease? Yrs--- mos. or other 4b. What is the penalty if the lease is not fulfilled? $ (give details - attach additional sheet if necessary) What is the total business indebtedness of the applicant for this license/location excluding lease? $ 5. W — Does any one creditor represent more than 10% of that sum? ❑YES � NO If yes, list below. Total must equal 00%. State Zi City — Last First Middle %Owed Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) - 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES I NO If yes, attach explanation. spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES acme: Zao cense? ES NO If yes, give license 8. Does any p s n 9. Is the premises currently licensed with a liquor linumber and licensee r (F (License #) 5 it appears on License) c�5 r c�� ) 3 bl eS W SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed cation? �] YES ❑ NO If yes, give licensee' na e: 77 Last First d e Cand license 4: '9 0 7 2. If the answer to Question 1 is YES, you may A.R.S. Section 4-203.01; and complete Sect qualify for an Inte �'m A�� opatIryhyjour application is pending; consult P ion 5 of this application. CC 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Li uor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ,YES ❑ NO q SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form 1. Check ALL boxes that apply to your licensed premises: ) Entrances/Exits ❑ Drive-in 6-Liquor storage areas windows ❑ Service windows ❑ Patio enclosures ❑ Under construction: estimated completion date 2. Restaurants and Hote]/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, '�jg QUARTERS, ETC. 7S 'z bt t V -z -C '�"r 1 —� V Ct P � f _C_ YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SU MISSION OFT HIS DDIAGRAM. J SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous li r u is within a one half mile radius of your proposed location. 1%W 0(i e5 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. W 7-0 k(-, 15. ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: I, / "/ w9r1?"� y�6'n % , declare that: 1)1 am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGtNT fisted in Section 4 Question I ) this application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. p/ — State of County of 4 ram. '�� X �07 W-/Ilq/�ti' The oregoing ins ent was acknowledged before me this (Signature) 7JU F�cIALsE1�F A. ESPARZA Fu6u COUNTY A Day Month Year MARICO?A COUNTY My commission Expires My 30. 2008 My commission expires on: _ JOB SEP 214Z`4 NT vrs A = Your business name and identify cross streets. 7 of NOTARY PUBLIC) SAMPLE D L L C GEOGRAPHICAL D RSEP 2U A III 2U In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location.(See example below) A = Applicant Series 12 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: '-2 Mi . N 1 ;� M i . A. No -retailers license shall be issued for any premises which are. at the B. time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). C. or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. I vary'` ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 �,.. Phoenix AZ 85007-2934 y L L Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 Z003 SEP 2 u A I I: 2 W RESTAURANT OPERATION PLAN LICENSE # d —7 1. List by Make_ Model and C'.anacity of vnnr Grill "vbe► V vYl-�e Y ©t/-,e Oven %V,I L Z f'C /i % Freezer . 0-1--9 aP f �b � �� Refri eratpr / Sink r Dish Washing Facilities Lo t- U I Food Preparation Counter (Dimensions) S� Other - rZll'/ Are U 2. Print the name of your restaurant: AlJ /f) 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ ! o2 0 ] b. Bar area of your premises [ + 3Q ] C. Total area of your premises 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes % ❑ No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) ��_ % *Disabled individuals requiring special accommodations, please call the Department. LiC0114 05/1999 8. Does your restaurant contain any games or television? ❑ Yesx-No If yes, specify what types and how many of each type (Televisions, Pool tables, Video Games, Darts, etc). a 10 1091 SEP 24 A I(- 2q Do you have live entertainment or dancing? ❑ Yes ��o (If yes, what type and how often?) Use space below or attach a list of employee positions and their duties to fully staff your business. I, L n M / hereby declare that I am the APPLICANT filing this application. I have (Print full name) read this application and the contents and all statements true, correct and compl te. State of 6DO /W County of_-/%� � �( X ,�4 The foregoing instrument was acknowledged before me this —�� Signature ofAPPLI FFICIAL SEAL Oday ofJUAMTA A. ESPARZA NOTARY PUBLIGAFI20NA D3 onthU8, Month Year MARICOPA C3 My Cammissi�.n F Pi; os July y 3c, 0, 2008 My commission expires on:: Signature of NO PUBLIC) 2 MEATS All entrees served with dinner salad and fresh bakea o-read Veal or Chicken Marsala............ Our special creamy marsala wine sauce with mushrooms served with your choice e 5.9� 1 � Veal or Chicken Piccata..... Chicken�^.....$12.50 Veal ................................................... ........ ,,, f Sauteed m a lemon caper sauce served with yoLr'ch'oice of pasta O Veal or Chicken Contadina............. ...Ch�enf=�..� .................................. a Grilled with a hint of lemon and red wine vinegar served with sauteed onions, green peppers and mushrooms with your l.uice. flp5.95 asta Veal or Chicken Parmesan........................................................ Chicken .......... $12.50 Veal $15.95 . ............. Smothered in our marinara sauce and topped with mozarella and served with your choice of pasta Veal Saltimbocca .... ................... .... .................. ........................................... Fresh veal and Prosciutto sauteed with she and semi """ sherry glace served over spinach with your choice of pasta Chicken Valdostana_............................................................... Thinly sliced chicken breast stuffed with ric " " """"' otta, prosciutto, peas, garlic and herbs in a demr glace mushroom sauce Lemon Roasted Chicken........................................................ $9.95 ........................................ Half lemon chicken, rosemary, garlic and oregano served with sauteed escarole and roast potatoes Delmonico Steak .................... ............ Rib e e steak 15.95 y gelled to order and served with sauteed onions, Peppers, mushrooms and roast potatoes Black Angus Strip Loin Steak.. 12 oz. steak grilled to order and served with sauteed spinach and roast potatoes i SEAFOOD All entrees served with dinner salad and fresh baked bread Claus Sauce .................. 'Baby clams in a creamy white sauce $12.95 Grilled Salmon ................................... 8 oz. salmon filet marinated in olive oil garlic served in a fennel tomato herb sauce with basil and potatoes Herb Roast Brook Trout......... ..................................... .a.toes................................................ ........... 10 oz. whole brook trout oven roasted and served with potatoes and spinach .........$13.95 PesGu G al Aqua Pazza..................... ...................................... Market Price Fresh fist of the day Poached in a fish and tomato broth with steamed dams. capes and fresh herbs, with sauteed escarole azetto Entree ......................... 16.95 An abundance of shrimp," scallops, lama and mussels in a garlic tomato broth served over linguini Tuna Provencal........ . ......................... Filet of blue Fin tuna pan seared and served in a i h tomato herb cream sauce Shrimp Scamps . ............................................. Fresh shrimp sauteed in butter, garlic and herbs with " ' ' Bar your choice of asta Breaded Shrimp Fresh shrimp br eaded in our special seasonings and deep fried to perfection i CHILDREN'S rT MENU 12 years of age and younger ittld Chefs Burger and Fries................ ............................................................. ChicServed on our homemade Italian bread with lettuce tomato, onion and choice of dressing ) en Sandwich and Fries .............. Chicken patty baked to a golden brown served on our homemade Italian bread with lettuce, tomato, onion and mayo Spagii a th.................................... .................................... ' Our homemade mannara.sauce over spaghetti RaviO4............................................ Your choice of beef or cheese smothered in sauce with mozzarella p�PETIZERS AND SOUPc Garlic Bread ................ A loaf of our ................................. .............. _.., .....,.....................................................$3.50 homemade bread topped with garlic and herbs Cheese Bread .................................................. _ P..L L C A loaf of our homemade bread topped with freah'mozzarella, garlic aid Verbs l$4.9b 5 Clams Oreganato................................................... .Z0O1..SEP...2•4 $7.95 ........... Fresh littleneck clams on the half shell baked with our homemade seasoned bread crumbs 5 Mussels in Saffron Cream Sauce..................................................$7.95 ..................................................... .......... Fresh steamed mussels sauteed in a creamy tomato broth infused with saffron 5 Shrimp with Garlic and Herb Butter ................................... $6.95 .................. Gulf shrimp marinated in garlic and fresh herbs Bruschetta alla Romana ............................... .......$4.95 ................................................................... ................. Toasted slices of our home made Italian bread topped with tomato salad Chicken Wings with Celery and Carrots ............... .............$5.95 ....................................................................... 10 wings smothered in your choice of mild, medium or hot sauce Mozzarella Sticks ................................... $4.25 ........................................................................ Homemade Minestrone .......................................... Italian vegetable soup made daily Soupof the Day ............................................ Please ask your server for todays selection FriedCalamari.............................................. ............$6.96 ............................................................................... Fresh squid breaded and fried, served with our homemade sauce SALADS Dressings include: Ranch, House Italian, Bleu Cheese, French, Thousand Island and Honey Mustard dlsar.................................................................... $6.95.............. With Chicken $8.90 Romaine lettuce, onion, parmesan cheese, croutons and our own caesar dressing Antipasto........................................... ................ Large ................................................................Small $4.25. $ 6 25 Field greens, tomatoes, pepperoni, salami, ham, olives, provolone, mozzarella and pepperoncini peppers Primavera Salad................8.................. $7.95 Assortment of grilled vegetables served over romaine lettuce with balsamic vinaigrefte Mediterranean Chopped Salad...,.... Finely chopped romaine, arugula, zucchini, red and green peppers, tomatoes, olives and capers with herb dressing MixedField Greens........................................................................... $4.25 Our house salad with your choice of dressing HOUSE POLICIES We accept Visa, Mastercard and Discover. We apologize if we run out of entrees. There is a 15% gratuity for parties over 8 persons, Prices are subject to change without notice. The management is not responsible for lost or stolen articles. Manager reserves the right to add a $3 plate charge for shared dishes. PASTA All entrees served with dinner salad and fresh baked oread Pasta choices include: Linguine, Mostaccioli, Angel Hair, or Fettuccini Spaghetti Marinas ...................... C ....................:._......._. - � with Meatballs or Sausage ........ $9.95 ................ Rigatoni Bolognese ................. i.r t ................. �}�nyry $8.95 Rigatoni pasta loosed with traditional meat sauce UU�• J�(" 2 Lj A � �' Z U ........••...•............... .......... Linguini Vongole........................................... ............................ Fresh steamed clams sauteed with garlic and herbs with your choice of marinara or garlic and oil Fusili with Roasted Chicken and Spinach............ Roasted chicken ands '...•...............•......................... $995 spinach tossed in a light chardonnay wine sauce Mostaccioli del Norma ................... ................................. ......... e.............. $10.95 Prosciutto, peas and artichoke hearty with tomates ss.otoed.in'a a*wwhite.wi.ne.cr'ameam 'sauce..... Poma's Pasta Special....................................................................... Sauteed bell onions peppers, owns and mushrooms tossed in our own marinas with your choice of pasta Oil and Garlic with Broccoli and Mushroom .............. .............................. Sauteed with white wine e and served with your choice of pasta .... '• $9.95 Fettuccini with wild Mushroom Rap ................................ ........................... 1\rdd mushrooms stewed in their natural juices with garlic, rose Fettucclnl Alfredo .......•,. g mary and a hint of tomato finished with a dropof white oil 95 ...................................... $10.95 truffle With Chicken...........................$13.45 Fresh parmesan cheese and garlic tossed in cream sauce Ca smart Marmara ......................... ............................. .................................. sauteed to perfection and smothered in our homemade marinara sauce an your choice of pasta Scallops in White Wine Sauce ............... Bay scallopa sauteed in a white wine cream sauce and butter served over angel hair pasta ........................................... $11.95 Itaianotato lpdumplings smothered in ma' ��•��""""""""'...................... a�a sauce. AL FURNO All entrees served with dinner salad and fresh baked bread Ravioli.......................................................................................................... Halted ravioli with marinara topped with mozzarella. Your choice of beef or cheese .........•.. ..$7.95 Lasagna .............................. ............ ........................................... Our homemade laaagtta baked to perfectection """"""""• •• • • •• Cannelloni................................................ ... .............. .......... Our homemade crepes filled with ' • ' ' ruotta, Parsley parmesan and topped with marinara and mozzarella Baked Ziti................................. ..................................... Ziti sauteed in marinara, ricotta and herbs baked with mozzarella Eggplant Parmesan ................................. . ....................... Our own breaded eggplant smothered in e$gP marinas and topped with melted mozzarella SIDE DISHES Meatballs or SausageFrench Fnies ................................................................ $2.75 ........................................ Cheese French Fries .............................................................. $1.75............................. ...................................... Si e Spaghett7................... $2.25 ....................................... PotatdSalad or Pasta Salad ................................... ........................................... BEVERAGES Soft Drinks (free refills)........................................$125... Pink Lemonade (free rala)......................... ......$1.25 HotChocolate .............................................. $1�G0 . _ Hot TSa or Coffee..............................................$1.25 Iced Tea(fieerefills) ...............................................$1.25 '160I SEP Ca uccino........................................................ $2.50 U A � E2-w Juicesand Mineral Waters...............................$1.75&presso.............................................................$2.25 DESSERTS Cannoli.............................................................................................................................................................$2.95 A sweet cream filled Italian pastry Zeppoli.............................................................................................................................................................$2.75 Deep fried dough dusted with powdered sugar Tiramisu........................................................................................................................................................$3.95 Delectable espresso flavored cheese cake dusted with cinnamon New York Cheese Cake................................................:................................$3.50 With topping ..............$4.75 Your choice of cherry, blueberry or strawberry Chocolate Suicide Cake ................................... .$3.50 Rick chocolate layered cake with nuts and fudge icing SpumoniGelato..................................................................................................................................... .$2.95 BreadPudding............................................................................................................................................$3.95 LUNCH SPECIALS Served Monday thru Friday I IAM-2PM. Not valid on holidays and special events. 6 Inch Sub with Soup or Salad........................................................................................................................$5.95 Choice of turkey, ham or salami with soup or salad 6 Inch Chef Sub ........................................... ....................................................................................................$4.95 Choice of turkey, ham or salami Spaghetti..........................................................................................................................................................$5.50 A lunch portion of spaghetti, salad and homemade Italian bread Mostaccioli.......................................................................................................................................................$5.50 A lunch portion of mostaccia, salad and homemade Italian bread Ravioli..............................................................................................................................................................$5 50 A lunch portion of ravioli, your choice of beef or cheese, salad and homemade Italian bread Manicotti..........................................................................................................................................................$5.50 A lunch portion of manicotti, salad and homemade Italian bread Lasagna............................................................................................................................................................ $ 6.50 A lunch portion of lasagna, salad and homemade Italian bread 10 Inch Cheese Pizza......................................................................................................................................$4.95 Please add 75* for each additional topping U] is SUBS All subs are on' -iemade bread and come with your choice of r' salad, potato salad or fries I HOT SUBS COLD SUBS Meatball .............................................................$6.50 All cold sub; are served with cheese, romaine and Homemade meatballs and sauce with mozzarella cheese green leaf lettuce, f t inpoes, sliced onions, mayo, Italian Sausage..... ......$6.50 1 __ ;mustard; pepper rings. j email ........................................ ... _ _ . , l Hom a sausage and sauce with mozzarella cheese Sausage Special .................................................$6.915 Combo....1(l��' Salaml..............$5.95 I nio� 1 ' A Sausage with sauteed mushrooms, onions and bell peppers Ham ................. 52 u 1?loa�i I�eef....... $5.95 Super Roast Beef..............................................$6.75 Turkey .............. $5.95 �/eggie.............. $6.50 Shaved roast beef with sauteed mushrooms, onions and Tuna.................$6.95 bell peppers on garlic bread with provolone cheese Tanker..............................................................$6.95 BURGERS Served with french fries Stuffed with Italian sausage, homemade meatballs and sauce topped with mushrooms, onions, bell pepper and mozzarella 6 Oz Black Angus Burger..................................$5.95 Italian Beef.........................................................$6.75 Chef Burger w/Cheese or Sauteed Veggies ...... $6.75 Shaved roast beef in sauce with mozzarella Chicken Parmesan.............................................$7.50 PIZZA TOPPINGS Chicken baked or fried with sauce and mozzarella Veal Parmesan...................................................$9.50 epperoni, mushrooms, shrimp, broccoli, Tender veal baked and smothered in sauce with mozzarella sun dried tomatoes, ricotta cheese, zucchini, sausage, Eggplant Parmesan ...........................................$7.95 green pepper, anchovies, ham, onion, clams,-canadian Homemade eggplant with sauce and mozzarella bacon, black olives, calamari, meatballs, green olives, Veggie...............................................................$6.50 garlic, hamburger, tomatoes, turkey, bacon, Grilled broccoli, bell peppers, onions, mushrooms, tomatoes artichokes and eggplant -A 11111h;n, LXTRA THIN CRUST AVAILABLE Cheese & Sauce iach additional item Chef's Deluxe Obi chore, pepperoa, Rus6room, be papP n, ap,om ,rid bi- ol,n. Super Deluxe c ease, pepperoni, , ru.a6e. h.m, mushrooms. anion, anon pepper & ak- Margarita Pius sou«. hud and ma-16 chore Vegetarian ` olive., mu.6moms. mm, coo "me. 6e0 peppers, & extra clime Super Veggi ohw. mw6rmms, oniw, toms - toe., 6etl poppcss, :u c66�i, bsoc- oal' h h k & art 10" round 12" round (4 slices) (6 slices) MINI SMALL $$ 75 $100 $9.95 $11.95 PIZZAS W round 16"round (8 slices) (10 slices) MEDIUM LARGE 9.95 $10.75 1.25 $1.50 $13.25 $14.75 18" round small round L Square XL Square (family size) (( AM) (8 aGces) (10 Acu) GIANT DEEP DISH SICILIAN SICILIAN $$1750 $$1..50 $$1 5 $1.00 $16.50 $11.95 $14.76 $16.50 $11.95 $13.95 $15.95 $16.75 $18.50 $13.95 $16.75 $18.50 i $6.95 $8.95 $10.25 $11.75 $13,50 $8.95 $11.75 $13.50 i $9.95 $13.95 $13.25 $14.75 $16.50 $11.95 $14.75 $16.50 { I $12.95 $13.95 $14.25 $14.95 $17.95 $12.95 $14.95 $17.95 - . "` ° CALZONES A delicious turnover made with pizza dough with your choice of fillings Speclal.........Pepperoni, sausage, onions,hell pepper, mushrooms, withyour choice of ricotta or mozzarella cheese ....................................$7.25 7t� eese......... Pizza sauce withyour choice of ricotta or mozzarella cheese ($1.25 per additional item).......... $5.95 is leatball......Homemade meatballs with pizza sauce withyour choice of ricotta or mozzarella cheese ......... ............. $7.25 .............................. Sausage....... Sausage with pizza sauce with your choice of ricotta or mozzarella cheese...................................................................$7.25 Tanker ......... Meatballs, sausage, mushrooms, onions, green peppers, and your choice of ricotta or mozzarella cheese..................................$7.95 Veggie ......... Broccoli, bell peppers, onions, mushrooms, tomatoes, zucchini and mozzarella cheese......................................................$7.95 jSpinach ....... spinach with your rhoi�• of ricotta or mozzarella cheese ................................................................................... $7.95 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 .;'; Tucson AZ 85701-1352 (602) 542-5141 D L L C (520) 628-6595 HOTEL -MOTEL AND FM1 FJg4NALK- ]ASES RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES 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. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 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) Guest Checks 4) Coupons/Specials 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 LIC1013 05/2003 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 1RhZA!n in and out each work day) D. Payroll records for all employees showing hours worked�acbgveek and hourly wages 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. §4-210(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. I, (print licensee name): - f- Last I First Middle have read and fully understand all aspects of this statement. of State of �®'�L County �i ,!�� The foregoing instrument was acknowledged before me this X G�1 C%?"�,— -- Q day of _0d (Signature of Licensee Day Month Year R ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floorit 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QU ESTI O N NAI IJEr, (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate local law enforcement agencies for the purpose of background,VDIrcj or ition is Confidential. This information may be given to but must be blocked to be unreadable prior to posting Read carefully. This instrument is a sworn document. T e or print with black ink. An extensive investigation of your background will be conducted. False or incomplete answers could result in crinunal prosecution and Me denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. 19 0 7� There is a $24.00 processing fee for each fingerprint card submitted. Liquor License #. T A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —,. 2. Name: 1 Downer ❑PartnerStockholder ❑Member XOfficer( Agent ❑ Manager(Only) FOther (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must comnlete # 25 Last N fI First Middle _ Date of Birth: _1= / J /__11 (This Will Not Become a Part of Public Records) 3. Social Security Number: 26 j y 7 �s � Drivers License #: G 1 1_1e& d 9 State: �- (This Will Not Become a Part of Public Records) 4. Place of Birth: �`-- IY' �r-fi/. z y Height: // Weight: % 1 d Eyes: J, yw _Hair: City State COUntry (not county) 5. Marital Status ❑ Single ❑ Married FYI)ivorced ❑ Widowed Residence (Home) Phone: (�) I k 6. Name of Current or Most Recent Spouse: �� c N,V l4 1/11- 4-41�1-�-Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden / . You are a bona fide resident of what state? Z_ If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document.)_ r� - / Z 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Premises Phone: Ci' Z 4 z L_ 11. Licensed Premises Address: —�4l L S (� ��/Z- O�a��/�/� Street Address (Do not use PO Box #) City County 1 ist your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates List most recent 1st 6� FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) Z " 2 C r�� t!%l t `/' P Oj iC GC/1, Adry r 1-9(�_ G 'e- c( v - q/G.l —o z �� %/ 6� D -�a-i�o 2 o t ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) Years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name,address and hone numberoff landlord CityState Zi CURRENT Jtl L/ L /9,#,L 0 A jD A140k �9 L1C 010104/2003 is led individuals requiring special accommodations please call (2542-9021 Iff pu checked the Mangier box on the front of this form skip to # 15 12 H 1 , s an Owner, Agent, Partner, Stockholder, Member or Officer, wi4otrbqphysically present and operating the ,EYES ONO the licensed premises ? If you answered YES, how many hrs/ y? I ) Wihswer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Trainin thin the last 5 years? (Must provide proof) JgYES ONO If the answer to # 14a is "NO", course must be completed before issuftfprf new license or approval on an existing license. 15. Have you EVER been detained cited arrested indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or exp&Qd on traffic violations, include only DYES C�70 those that were alcohol and/or drug related is 2 P 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence DYES (ENO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES O summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES CI40 had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved DYES F(NO fraud or misrepresentation of business, professional or liquor license? v 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, rayES ONO or manager on any other liquor license in this or any other state? r If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statementgiving complete 7 details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) OYES[:]NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, Z,t2r/A'r !'O 1^ 14 , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and co l�etee.. p State of `y ��GI County of X �J�' !/� The foregoing instrument acknowledged before me this (Signature of Applicant) OF FILIAL SEAL , ( NOTARYof A. ESPARZA Day Year NOTARY PUBUC COUNTY A HUIRICOPA COUNrY My commission expires on: My Commiswo^ ExP"aa J'y 30, 2008 - ay on Year (Siganature ofNOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSE OR A MANAGER APPLICATION 25. 1, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) My commission expires on: Day Month Year day of Day ' Month Year (Signature f N CU J Zzi C N a W 0 DLLC 1Q, �k m ARIZONA DE1. �RTMENT OF LIQUOR LICEh,,r�S & CONTROL 800 W Washington 5 th Floor 400 W Congress # 150 Phoenix AZ 85007-2934 D L L C Tucson AZ 85701-1352 lA(CO(520) 628-6595 l�l Sd�_51 dl - - �....- ,r ARE :a5BMW .5 ..a R t a i � F{5. r,..d. _ a C i` gam . x pr'<'{ -• $ t -s., fMe��'..N'1 1 3 t- ,A a t wJ . 4i,�ea 0` y �- �� ....yi.�t .'� +; ridfG N � .��aa(�t�. � .3.baj+' .b....�it✓ kl>..r. . -_Wwr is eywWarrsn SCAMA1 TYPE UK rarr i rn 1 n oLAL Ak,ryti 05TNN Cx;471P{ALS Vr irna rt3rf#1 rn�w� ua.ivw,w+, r — -- - - of Mill Individual Name (Print) �p Individual Signature TYPE OF TRAINING COMPLETED BASIC X ON SALE ate wining uornpietea MANAGEMENT ® OFF SALE ® BOTH OTHER IF TRAINEE IS EMPLOYEDBYA LLyICENSE :: /UQU NAME OF THE LICENSEE BUSINESS NAME R LICENSE NU BER ry Company or Individual Name a r rcj� Address err{r��Q�� f� ll s fgz F5 r�3� 22z2 City State Zp Phone I Certify the above named individual has successfully completed the specified program(s). Trainer Name (Print) ` / 7 g Trainer Signature Date Trainer l ri I f t t{ I in u nt r ur records. Mandatory Liquor Law Training for all new applicati submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor Uoense Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Uquor Law and Management Training, (either on -sale or off -sale), will include ail of the following owner(s), licenseelagent or manager(s) WHO ARE ACTIVELY NVOLVED IN HE DAY TO DAY OPERATIQtt pF THB-----��' Proof of attendar" within the last five years for the required courses must be submitted to the Department before the license appUcation is considered complete. Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. Uc 1021 0trm Dlsahled individuals requiring special accommodations please call (6U) 542-9051 -A-RIZONA DEP. ffMENT OF LIQUOR LICENS-,.-1 & CONTROL 800 W Washington 5th Floor D L L C 400 W Congress ' 150 Phoenix AZ 85007 Tucson AZ 85701 rim) t ai (no(520) 628-6595 OBTAIN ORIGINALS OF THIS FORM FROM OLLC-00 NOT PHOTOCOPY DOCUMENT IS COMPUTER SCANNED. TYPE OR PRIM WTH BLACK INK cam /- Individual Name (Print) ` Individual Signature TYPE OF TRAINING COMPLETED Q $ D ® BASIC ® ON SALE Date Training ompi �}—#PtNAGEMEN+ ❑ OFF SALE }— ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: — Aq 'q '.T / � o� 0a_4 ' NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER Business Council for Alcohol Education (B.C.A.E.) Company or Individual Name 500 East Thomas Road # 100 Address Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn Trainer Name (Print) )",—I O8 019 raiI r S gnature Date In r eorl in I of comDlated form to trainee, hot and maintain cam I ted document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend troth the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE QAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 01/98 Disabled individuals requiring special accommodations please call (602) 542-9051 Town of Fountain Hills Town Council Agenda Action Form Meeting Type Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 11/6/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annrooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Aaehidi Wording: Consideration of RESOLUTION 2003-65 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the easterly property line of Lot 47, Block 1, Plat 604A (15221 E. Ridgeway Drive) as recorded in Book 165 of Maps, Page 16, Records of Maricopa County, Arizona. EA03-20 - John & Renee Breznak. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on September 19, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: 0 partment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 7, 2003 FR: Art Candelaria, Civil Engine RE: Easement Abandonment 03-20 Randy Harrel, Town EngineeAx- 15221 E. Ridgeway Drive Reviewed: Tom d irec f Pu lic Works Plat 604A, Block 1, Lot 47 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the easterly property line of Lot 47, Block 1, Plat 604A, (15221 E. Ridgeway Drive) as shown in Exhibit "A". The property owners of Lot 47 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The northerly 10' of the easterly 10' public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to • the Town's general interest in the easement. Additional engineering field investigation is needed to determine the amount of drainage flowing through this lot, and whether a relocated replacement drainage easement is needed. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 47 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-65, subject to the following stipulation: • Prior to recordation of this drainage easement abandonment, provide an engineering determination of the amount of drainage flowing into the rear of this lot. Provide an adequate drainage swale (and grant a suitable replacement drainage easement, if appropriate) prior to or concurrent with a building permit for this lot. Enc: Resolution Exhibit C: John & Renee Breznak Charles & Barbara Hess James Willers & Irene Kennedy Allen & Nancy Elwell \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-20 - 604A-1-47.doe RESOLUTION 2003-65 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINE EXCEPT FOR THE NORTHERLY 10' THEREOF, OF LOT 47, BLOCK 1, OF PLAT 604A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 16, RECORDS OF MARICOPA COUNTY, ARIZONA. 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the easterly property lot line, except for the northerly 10 feet thereof; of Plat 604A, Block 1, Lot 47, Fountain Hills, as recorded in book 165 of maps, page 16 records of Maricopa County and 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 of Lot 47 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. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-65, 604A-1-47 EA03-20.doc *4. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 6, 2003. FOR THE TOWN OF W.J REVIEWED BY: AIN HILLS: Tim G. Pickering, Town Manager Resolution 2003-65, 604A-1-47 EA03-20.doc 2 ATTESTED TO: �1'derAown Clerk APPROVED AS TO FORM: n, �, -/� An J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 604-A BLOCK 1 LOT 47 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[--] Meeting Date: 11/6/03 Contact Person: Tom Ward Requesting Action:® TvDe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check AppropriateAreas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-66 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line and a portion of the public utility easement at the easterly property line of Lot 48, Block 1, Plat 505C (16819 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona, with *4W stipulation. EA03-21- Pamela Carlson. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on October 2, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submittiny, Staff: De rtment Head 31.03 Town KaAger Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 16, 2003 FR: Art Candelaria, Civil Enginee Ie .- RE: Easement Abandonment 03-21 Randy Harrel, Town Enginee 16819 N. Stoneridge Court Reviewed: Tom W d, irector of P blic Works Plat SOSC, Block 1, Lot 48 / I� This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easements located at the northerly (rear) property line and a portion of the ten (10) foot PUE located along the east side of Lot 48, Block 1, Plat 505C, (16819 N. Stoneridge Court) as shown in Exhibit "A". The property owners of Lot 48 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this (rear) abandonment proposal and have approved of the proposed abandonment of this public utility easement. (The applicant had inadvertently not requested abandonment of the easterly PUE from the utility companies but will do so. Staff fully anticipates that the utility companies will abandon the side easement) The southeasterly 10'x10' of the PUE will be retained for existing utility boxes. 1%w The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the rear drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The easterly 10' DE will be retained for potential future storm drainage uses. The property owners of Lot 48 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-66, with the following stipulation: • Provide letters allowing the abandonment of the portion of the easterly PUE from the utility companies and provide the owner of the adjacent Lot 49 with an additional notification of the additional PUE abandonment portion. Enc: Resolution Exhibit C: Pamela Carlson Tony & Sally Atchinson George Gatesh \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-21 - 505C-1-48 Revised.doc RESOLUTION 2003-66 `Uw A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE AND A PORTION OF THE TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERLY LOT LINE OF LOT 48, BLOCK 1, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20) foot public utility and drainage easements, located along the northerly property lot line and a portion of the ten (10) foot public utility easement located along the easterly lot line of Plat 505C, Block 1, Lot 48, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, 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 of Lot 48 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. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-66, 505C-1-48 EA03-21.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 6, 2003. FOR THE TOWN (W FOUNTAIN HILLS: W.J. Nichols, Mayor REVIEWED.BYc , Tim . Pickering, Town Manager /f Resolution 2003-66, 505C-1-48 EA03-21.doc 2 ATTESTED TO: APP OVED AS TO FORM: A, Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505—C BLOCK 1 LOT 48 N 0, ) 104 �/ LOT 47 0 0 � O p ABANDON 20 O) O P.U.E & D.E. = LOT 48 ABANDON 10' P.U.E. IF APPROVED BY THE \ UIILITY COMPANIES) RETAIN 10' D.E. N so 00 ° w C(U T A=2'32'47"� R=225.00' -10.00' LOT 31 N W E S SCALE: 1 "=40' -D A-TE:.-10- 7- 03 � N �rv, J J = J J LOT 49 RETAIN 10'x10' P.U.E & D.E. LOT 30 / 16545 HARREL RA e Yam,; Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Parks & Recreation ® R 10 TYpe.of.Document Ne�din Approval (Check all that apUl Council Priority tree Anurohriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development November 6, 2003 Mark C. Mayer ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation ❑ Finance Rck'OW<� i!enda'Wording_ Consideration of Approving a Consultant Contract to e group, inc. for Architectural Services and Construction Administration for Fountain Park Phase II Improvements. Staff Rec Oie' ndation:Approve 641: napa0t: Yes $45,224 Architectural Design and $37,442 for Construction Administration, including reimbursable expenses. Purpose of Itcirit :and ffiicnd Information: Earlier this year, the Council approved the financing for the next phase of improvements to Fountain Park under the approved Master Plan for the site. Park improvements under Phase II include a new playground area, a new picnic Ramada, a performance pad, and additional sidewalk. The project construction total will not exceed $738,843, and will be completed by November, 2004. E group, inc. has been involved in master planning each of the parks located in Fountain Hills, and has also master planned the detail design for the various park improvements. The Architect anticipates bidding this project in spring 2004 and completing the project in fall 2004, assuming the received bids are favorable. Additionally, the consultant contract consists of Architectural Design fees at 6% ($45,224) of the construction total, and Construction Administration fees at 5% ($37,442) of the construction total. Consultant Contract None Acting Departmrecreation,�3upervisor ea , Bryan Hughes, fir. Town Mana Timothy Pickering Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS CONSULTING CONTRACT NO. FP01-03 THIS CONSULTING AGREEMENT for the design and construction of Phase II of Fountain Park (this "Agreement"), is made and entered into on 2j r&A (4, 2003, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and a group Landscape Architecture/Environmental Design, Inc., an Arizona corporation (the "Consultant"). AGREEMENT 1. Scope of Services. Consultant shall provide the services described in Exhibit A, attached hereto and incorporated herein by reference (the "Services"). All work performed under this Agreement will be reviewed and approved by the Contract Administrator to determine acceptable completion. The Contract Administrator shall be the Town Manager or his authorized designee. Review and approval by the Contract Administrator shall not relieve Consultant of any liability for improper, negligent or inadequate services rendered pursuant to this Agreement. 2. Fees. The amount paid to Consultant under this Agreement is for design documentation services described in Exhibit A, including time, materials and reimbursable expenses, shall not exceed $45,224. The amount paid to Consultant under this Agreement is for construction administration services described in Exhibit A, including time, materials and reimbursable expenses, shall not exceed $37,442. Billing statements should be submitted in accordance with the provisions set forth in Exhibit B, attached hereto and incorporated herein by reference. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due to the Consultant on a monthly basis. Consultant shall maintain all books, papers, documents, accounting records and other evidence pertaining to such monthly billings and shall make such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his determination of work performed and payment due. 3. Term. This Agreement shall be in full force and effect as of the date set forth above. All work performed hereunder shall be completed and approved on or before March 3, 2004. The general schedule for performance under this Agreement is attached hereto as Exhibit C and incorporated herein by reference. 3.1 Notice to Proceed. The Consultant shall proceed with the work necessary to complete the Services immediately upon receipt of a notice to proceed issued by the Contract Administrator. 3.2 Extension. In the event the Services cannot be completed within the time specified, the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Consultant to additional compensation. ® 9196.009E Group consulting.v3.doc 10-15-03-1 1 4. Termination; Cancellation. 4.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by the Consultant of written notice by the Town. Upon termination for convenience, the Consultant shall be paid for all undisputed services performed to the termination date. 4.2 For Cause. This Agreement may be terminated be either party upon 30 days' written notice should the other party fail to substantially perform in accordance with this Agreement's terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 4.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to the Consultant 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 Consultant for the undisputed portion of its fee due as of the termination date. 4.4 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 the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 4.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Consultant an amount equal to 150% of the gratuity. 5. Amendments or Additional Services. The total scope of Services to be performed in accordance with this Agreement is set forth in Exhibit A and, if the Consultant is asked to perform services which are not included in this Agreement, they will be considered additional services. The Consultant shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Consultant performs such additional services without written authorization from the Town, is shall be presumed that the additional services were included in the scope of work set forth in this Agreement and Consultant shall not be permitted to request or receive any additional compensation for such additional services. 9196.009\E Group consulting.v3.doc 10-15-03-1 4 6. Assignment and Subcontracting. ® 6.1 Assignment. This Agreement may not be assigned in whole or in part without the prior written consent of the Contract Administrator. 6.2 Subcontractors. The Consultant may engage such sub -consultants or professional associates as it may deem necessary or desire for the timely and successful completion of this Agreement. However, the use of such sub -consultants or professional associates for the performance of any part of the work specified in Exhibit A shall be subject to the prior approval of the Town. Consultants will submit a complete list of sub -consultants, attached hereto as Exhibit D and incorporated herein by reference. Employment of such sub -consultants or professional associates in order to complete the work set forth in Exhibit A shall not entitle Consultant to additional compensation beyond that set forth in Section 2. Consultant shall be responsible for and shall warrant all work delegated to such sub -consultants or professional associates. 7. Completeness and Accuracy. The Consultant shall be responsible for and shall warrant the completeness, accuracy and quality of all work done pursuant to this Agreement including, but not limited to reports, survey work, plans, supporting data and special provisions prepared or compiled pursuant to Consultant's obligations under this Agreement and shall correct at its expense all errors or omissions which may be discovered therein. The fact that the Town has accepted or approved the Consultant's work shall in no way relieve the Consultant of any of its responsibilities hereunder. 8. Ownership of Documents. All documents including but not limited to, data computation, studies, reports, field notes, design notes and all original drawings which are prepared in the performance of this Agreement are to be and remain the property of the Town and are to be delivered to the Contract Administrator before final payment under this contact is made to the Consultant. Such documents are not intended or represented to be suitable for any reuse by the Town or other party, its departments or agencies on extensions of the project or on any other project. Any reuse without written verification or adaptation by Consultant for the specific purpose intended will be at the Town's sole risk and without liability to Consultant. 9. Indemnification. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement of any employee of the Consultant or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. 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. 9196.009E Group consulting.v3.doc 10-15-03-1 3 10. Insurance. 10.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of the Consultant, the Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona 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 Consultant. 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 Consultant 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 and self -insured retention or deductible portions, 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. The Consultant'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. • 9196.009E Group consulting.v3.doc 10-15-03-1 4 g. Waiver. All policies, 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 the Consultant. Consultant 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. The Consultant shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require the Consultant to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the Consultant shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and the Consultant. The Consultant shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. Ark j. Evidence of Insurance. Prior to commencing any work or services under this Agreement, the Consultant shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by the Consultant's 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. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance 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. Such certificates shall identify the contract work number and be sent to the Town Engineer. If any of the above -cited policies expire during the life of this Agreement, it shall be the Consultant's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance 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 • 9196.009E Group consulting.v3.doc 10-15-03-1 5 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) The Consultant's insurance shall be primary insurance as respects performance of the Agreement. (3) All policies, 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 the Consultant under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form 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. 10.2 Required Insurance Coverage. a. Commercial General Liability. The Consultant shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $1,000,000 Products and Completed Operations Annual Aggregate and a $1,000,000 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance 9196.009E Group consulting.v3.doc 10-15-03-1 T covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $1,000,000 each claim and $1,000,000 all claims. In the event the Professional Liability insurance policy is written on a "claims made" basis, coverage shall extend for three years past completion and acceptance of the Services, and the Consultant shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. C. Vehicle Liability. The Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant's owned, hired and non -owned vehicles assigned to or used in the performance of the Consultant'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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. d. Workers' Compensation Insurance. The Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of the Consultant'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. 10.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 11. Licenses. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. 12. Additional Warranties and Disclosures By Consultant. a. Other Agreements. The Consultant shall reveal fully and in writing any financial or compensatory agreements, which the Consultant has with any prospective contractor prior to the Town's publication of requests for bids for construction. b. No Brokeraae. The Consultant hereby warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. • 9196.009E Group consulting.v3.doc 10-15-03-1 7 C. Federal Compliance. The Consultant shall comply with Executive Order No. 11246 entitle 'Equal Opportunity Employment" as amended by Executive Order No. 11375, and supplemented Department of Labor Regulations 41 CFR, Part 16. 13. Miscellaneous Provisions. 13.1 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or an 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. 13.2 Laws and Regulations. This Agreement shall be governed by the laws of the State of Arizona. The Consultant 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 Consultant is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the performance of the duties, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ("OSHA") standards. 13.3 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 Apk 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. 13.4 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 the Agreement which may remain in effect without the invalid provision or application. 13.5 Relationship of the Parties. 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 Consultant is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Consultant should make arrangements to directly pay such expenses, if any. 13.6 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. 9196.009E Group consulting.v3.doc 10-15-03-1 8 13.7 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 Consultant 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. 13.8 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. 13.9 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 (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85269 Facsimile: 480-83 7-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGUIRE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Consultant: _ i h 01-1 Nptm c&M& AyfAuf PNo l C a ,ONA 95004 ACSrMl . 60Z.V . 1001 A'�TN: MAGIC sw�leTL.P�0�iJT 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 Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) 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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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 ® 9196.009E Group consulting.v3.doc 10-15-03-1 9 Pickering, Town 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. TOWN OF FOUNT Arizona mu ' ' a c M. ATTEST: e group LANDSCAPE ARCHITECTURE/ENV IRONMENTAL DESIGN, C., an Arizona corporation By: * - I i I rA / REVIEWED BY: Andrew J. McGuire, Town Attorney 9196.009\E Group consulting.v3.doc 10-15-03-1 10 PARK DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ti•• Consulting Contract #FP01-03 Description of Project The project includes: • Phase II Improvements to Fountain Park (the "Park") o Activity area with shared tot lot playground; one small picnic ramada ±800 square foot with associated tables, barbecues, and lights. 0 17,000 square foot concrete sidewalk connecting existing Saguaro Blvd. and,Phase I walk along the north boundary of the site. o Concrete performance pad with spectator seating. Project services for the above work to include design, construction documentation, design review, inspection services and construction administration, including finalizing the site plan and specifications detailing all amenities in the Park. Scope of Services 1. Create an approved site plan to include all of the amenities as specified by the 2001 approved Land and Water Conservation Fund Grant. Create an approved sidewalk layout �r plan, an approved plan to include all of the amenities for the performance pad, an approved plan for the activity area with tot lot and playground, and an approved plan for one small picnic ramada with associated amenities. 2. Visit project site as necessary to field verify survey datum including boundary, utilities, existing adjacent infrastructure, topography, and existing vegetation to be salvaged. 3. Obtain all pertinent project data supplied by the Town and applicable governmental agencies (i.e., Department of Environmental Quality). 4. Contact and coordinate with all applicable public and private utilities (SRP, Sanitary District, Chaparral City Water Company, Fire District, etc). 5. Review and evaluate drainage reports and studies affecting the Park site. 6. Provide project specifications and include information on computer diskette or deliver via e-mail at the following intervals: Phase II Improvements: 50% submittal 7. Analyze mass grading/civil and utility requirements and prepare a conceptual grading plan including earthwork analysis. n 8. Provide an 8 ''/2" x I I" PMT (scaled) of the approved site plan. Construction Documents shall be submitted on 24" x 36" sheets. 9. Attend meetings as may be necessary to successfully complete this project (one per week anticipated). 10. Prepare a preliminary construction cost estimate and final cost estimate at the following intervals: Prelim_ C'onst_ Cost F,st_ Final Cost Est_ Phase II Improvements: 50% submittal %100 submittal 11. Submittals will be turned in at the following intervals. Revisions will be made after 100% for all projects. Revisions will be made after 100% if corrections are necessary. Phase II Improvements: 50%, 75%, and 100% The Consultant will work with the Town to establish an approved site plan prior to the following submittal percentage: Phase II Improvements: 50% submittal 12. Consultant shall identify within the project percentage package of each project the limits of construction, which shall not exceed the following amounts: Project % Package Not To F,xceed Phase II Improvements: 75% $738,843 13. Consultant will work with the Parks and Recreation Director to select equipment, colors, materials, and finishes of park improvements. Color charts and materials samples shall also be submitted. Cut sheets on all improvements shall be submitted at the following intervals: Phase II Improvements: 75% submittal 14. All cost estimates and written documents shall be performed on Excel 2000 or Word 2000 and disks or e-mails of such work shall be sent to the Town with the submittal. 15. The Consultant shall attend the pre -bid conference and the pre -construction conference. 16. The project Design Documentation fee is $45,224 and is broken down as follows for billing purposes: Phase 11 Improvements Approved Site Plan 50% submittal (Master Plan Approval): $ 14,575 75% submittal $ 14,575 100% submittal $ 14,575 Subtotal: $ 43,724 Reimbursable Expenses $ 1,500 Subtotal: $ 45,224 17. The Construction Administration fee is $36,942 plus $500 for reimbursable expenses for a total of $37,442 and shall be billed monthly to percentage complete. The Construction Administration fee for each project is as follows: Phase II Improvements: $37,442 18. Should additional services be required e group shall negotiate with the Town and received written authorization for any additional services prior to commencing work. 19. All submittals shall be delivered to the Town as follows: Michelle Carlson Town of Fountain Hills Parks and Recreation Department 13001 N. La Montana Drive Fountain Hills, AZ 85268 PAYMENT SCHEDULE Consulting Contract #FP01-03 Invoices need to be submitted to the Parks and Recreation Department by the 10`" of each month with checks being cut on the 25t' of that same month. As described in Exhibit A, contract not to exceed the following amounts: Design Document Fee including reimbursable expenses: Phase II Improvements: $45,224 Construction Administration Fee including reimbursable expenses: Phase II Improvements: $37,442 1. Invoices need to be original and timely. 2. Billing statement should reference invoice number above and Town's Project Number. 3. Billing statement should be clear to read, show work performed, and balance remaining. 4. No additional work or contract amount will be honored without written authorization. 0 5. Mail billing statements to: Ms. Michelle Carlson Town of Fountain Hills Parks and Recreation Department 13001 N. La Montana Dr. Fountain Hills, Arizona 85268 6. Address billing questions to Michelle Carlson, Executive Assistant, at (480) 816-5152, fax (480) 837-4452. EXHIBIT C CALENDAR OF EVENTS FOUNTAIN PARK Consulting Contract FPOI-03 This Calendar of Events is an integral part of the Bidding Requirements and Contract Documents All times refer to Mountain Standard Time. 1 Advertisement for Bids March 16th — April 6`h, 2004 2 Pre -bid Conference April 9th, 2004 3 Bid Opening April 23`d, 2004 4 Award Contract May 6`h, 2004 5 Notice of Award May 6`h, 2004 6 Schedule of Values Due May 6th, 2004 7 Contract Executed by May 6th, 2004 8 Pre -Construction Meeting May 11`h, 2004 9 Notice to Proceed May 11'h, 2004 10 Beginning of Construction May 17th, 2004 11 Project Substantially Completed October 22°d, 2004 12 Project Completed (15 months) November 5th, 2004 13 All Project Closeout Materials Due November 17th, 2004 Final Project Billing Submitted to Town no later than Novemh .r 19th, 2004 LM LIST OF SUBCONTRACTORS Consulting Contract #FP01-03 e group, Inc. Landscape Architect 817 North Central Avenue Phoenix, Arizona 85004 Phone: (602) 462-9000 Fax: (602) 462-9001 E mail: mail@egroupinc.com Contact: Bob Thompson and David Case Project Engineering Consultants Civil Engineer/Architect 2320 W. Peoria Ave., Suite C-122 Phoenix, Arizona 85029 Phone: (602) 906-1901 Fax: (602) 906-3080 E mail: projeninengin@mci2000.com Contact: Larry Maldonado Coates Irrigation Consultants, Inc. Irrigation Designer 4300 N. Miller Rd., Suite 104 Scottsdale, Arizona 85251 Phone: (480) 481-0682 Fax: (480) 481-0939 E mail: none Contact: Alan George Wright Engineering Electrical Engineering 165 E. Chilton Chandler, AZ 85225 Phone: (480) 497-5829 Fax: (480) 497-5807 E mail: scottw@wrightengr.com Contact: Scott Wright Caruso Turley Scott Structural Engineer 2702 N. 44th Street, Suite #200 Phoenix, AZ 85008 Phone: (602) 912-9120 Fax: (602) 912-9390 E mail: rahlmann@ctsaz.com Contact: Richard Dahlmann Josef Bruder Architecture Architect 1292 Rosebud Road Southampton, PA 18966 Phone: (215) 335-1032 Contact: Joe Bruder Z & H Engineering Civil Engineer/Architect 717 W. Dunlap Avenue Phoenix, AZ 85021 Phone: (602) 906-1901 Fax: (602) 906-3080 Town of Fountain Hills Town Council Agenda Action Form ,%%W Meeting Type: Regular Meeting Submitting Department: Public Works Meeting Date: 11/6/03 Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Tvne of Document Needing ADDroval (Check all that aDDI ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. "4- Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision (now called Adero Canyon), Case Number S 1999-24, for 171 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the eagle Ridge Drive public roadway (backbone road). This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagles Nest., aka Adero Canyon. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction; Request for Private Access from Eagle Ridge Dr.; Scottsdale Mountain Estates Private Access Drive Exhibits Type(s) of Presentation: N/A Signatures of Submitting Staff: DepZrtment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS \.. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: October 27, 2003 FR: Dana Burkhardt, Senior Planner RE: S2002-10; Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consider approval of the Final Plat for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-6, R1-8, & R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land LOT SIZE: 1,042,974 square feet (23.94 acres) SURROUNDING LAND USES AND ZONING: NORTH: Eagle Ridge Dr. R.O.W. and Parcel 9 of Eagle Ridge North; zoned "R143" SOUTH: Hidden Hills II single-family subdivision in Scottsdale EAST: Copperwynd; zoned "R-5 PUD" WEST: City of Scottsdale Parcel SUMMARY: This request is for approval of the Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 1, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This request also includes the dedication of a private access tract of land to provide emergency, public utility and private vehicle access from Eagle Ridge Drive, to the "Scottsdale Mountain Estates" subdivision, located in the City of Scottsdale. "Scottsdale Mountain Estates" is a proposed 13 lot, 26.73 acre gated single-family subdivision located west of Parcel 1 at Adero Canyon. This Final Plat proposes access to lots 1 through 7 directly from Eagle Ridge Drive. Lots 8 and 9 propose access from 145`h Way, which also provides emergency access from the Hidden Hills II Subdivision in Scottsdale. The developer will provide the rough grading and the drainage channel structures along the lot frontages for driveway access to lots 5, 6, 7, and 8 with the subdivision improvements. The maximum lot size proposed is 152,914 square feet, the minimum lot size is 43,565 square feet, and the average proposed lot size for this project is 60,914 square feet. This plat proposes an average of 23,366.6 square feet of disturbance for each lot. The lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this parcel is approximately 5.3 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for Eagle Ridge North, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AD 1 23.94 12 210,300 Totals: 264.668 142 3,119,600 Allowed: 415 9,420,500 Residual: 273 6,300,900 Average dist. for remaining lots: 23080.21978 ' %W Access to the "Scottsdale Mountain Estates" property was anticipated at the time of the Settlement Agreement. There exists a notation on the preliminary and final parcel plat documents, which reserves the proposed access to this property from Eagle Ridge Drive. In the event that MCO Properties does not construct Eagle Ridge Drive prior to the development schedule of the "Scottsdale Mountain Estates", the developer may wish to construct temporary access to the subdivision. Staff believes a temporary roadway and the necessary utilities may be constructed within the approved roadway alignment for Eagle Ridge Drive. The temporary roadway would utilize the "Mountain Roadway Standard" design contained in the Settlement Agreement. The temporary roadway would be considered a cul-de-sac and would conform to the maximum length allowed in the Settlement Agreement. Staff has provided a stipulation to this effect if the Council wishes to approve temporary access. If the developer is unable to construct a complete two-way temporary public roadway within the proposed Eagle Ridge Drive disturbance boundaries, the developer is required to construct the complete Eagle Ridge Drive improvement up to the Scottsdale Mountain Estates Parcel "A" emergency access entrance. MCO has posted assurances of construction for Mountain Parkway within Eagle's Nest, and intends to allow the previous assurances of construction for Eagle Ridge Drive within Adero Canyon (Eagle Ridge North) to expire at the end of 2003. The Town will not allow subdivision platting or construction (for Adero Canyon Parcel 1) to occur without posting of an acceptable assurance of construction. Regarding Scottsdale Mountain Estates, the City of Scottsdale will need to determine whether they will allow that subdivision to be platted prior to posting an acceptable assurance of construction for Eagle Ridge Drive. The Town will require that an acceptable assurance of construction for Eagle Ridge Drive be posted prior to permitting the construction within the Town limits. The Scottsdale Mountain Estates Plat notes will state that an Encroachment Permit from the Town is required for all work within the Town, and that Fountain Hills Town Council approval is required to: A. Allow access to Eagle Ridge Drive (this approval). B. Permit Gated Entry on Private Road (this approval). C. Permit Cuts and Fills greater than 10 feet. (The SME developer has indicated that he intends to not have any cuts or fills greater than 10 feet.) D. Permit monument signage within the Town limits. (The SME developer has indicated that he currently intends to put the monument signage outside of the Town limits.) In the event the Town Council approves the "Scottsdale Mountain Estates" temporary access, the Town's agreement with MCO Properties would not be affected or jeopardized. Approval of the temporary access would simply allow the development of the 13 lots in "Scottsdale Mountain Estates" prior to the development of Adero Canyon. Article 7.1 of The Settlement Agreement provides that: "...MCO shall pave Eagle Ridge Drive no later than the date that a certificate of fir.• occupancy is issued for a home within the property. The public shall have access to Eagle Ridge Drive following acceptance of MCO's improvements by the Town." (Emphasis Added) RECOMMENDATION: Staff recommends approval of S2002-10; Final Plat "Adero Canyon — Parcel 1", and the private roadway access to "Scottsdale Mountain Estates" with the following stipulations: 1) Prior to final plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the approved water service plans. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) All improvement plans, including but not limited to grading, paving, drainage, landscaping, irrigation, water and sewer plans shall be approved prior to Final Plat recordation. 7) Provide vehicular sight easements and grading for a 380' sightline (30 mph) along Eagle Ridge Drive at all access points in Parcel 1. 8) If the developer of Scottsadale Mountain Estates wishes to construct temporary access and utilities to the proposed subdivision, all improvement plans and assurances for construction must be reviewed and approved by the Town of Fountain Hills. The temporary roadway construction must conform to the development standards of the Subdivision Ordinance, as amended by the Final Settlement Agreement with MCO and the Town of Fountain Hills, and follow the proposed roadway alignment of Eagle Ridge Drive. No additional disturbance will be permitted beyond the proposed roadway disturbance for Eagle Ridge Drive and the proposed 1451h Place roadway alignment for the development of the temporary roadway. Complete improvement plans including, but not limited to grading, drainage, paving, landscaping and irrigation improvements are required. If the developer is unable to construct a complete two-way temporary public roadway within the proposed Eagle Ridge Drive disturbance boundaries, the developer is required to construct the complete Eagle Ridge Drive improvement up to the Scottsdale Mountain Estates Parcel "A" emergency access entrance. 9) Prior to Scottsdale Mountain Estates plan approval and encroachment permit issuance, the developer shall monetarily participate in the subdivisions proportional cost of the traffic signal at Palisades and Eagle Ridge Drive. 10) Revise the Eagle Ridge Drive median for a break at the proposed Scottsdale Development, (Scottsdale Mountain Estates) roadway intersection. Provide a northbound to westbound left turn pocket (minimum 60' length with a 60' taper). Coordinate the median break location with MCO's proposed Eagle Ridge Drive. 11) Provide a separate private access tract for the Scottsdale development within Parcel 1, Tract A. Vicinity Map Scottsdale Mtn. Estates Access HDM HUS 1 . �scoTTsoA�e► - �TALIV d � �1�ft TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted By Plat Name[Number Parcel Size Number of Lots Ac -zc- Number of Tracts Zoning I ;_ _ _ y General Plan Land Use Designation ; F Low I Density Requested (Dwelling Units Per Acre) cz Applicant Day Phone 9 yS0 -air- 7y66O 1 -,Zc-p T, S c7-S,3 Address City ST Zip r �4L.zs.4 l� E 5 �� nl� IA) �y� f � 18S-,:6R Owner Day Phone y8�-c33r- %bv0 I 1 C, .Z5 - 7 Address City ST Zip Attachments (Please list) i I I Signature of Owner I HERBY AUTHORIZE (Please Pnnt) Date j i TO FILE THIS APPLICATION. Subscribed and sworn ore me this day of �g ' My Commission Expires Notary Public i (Seal) j TFH Case Number -ee Schedule Attached NONE NO ra- no SARI AID Q]_T1S�110�'Jf^IO AID Y 3 � g g= p� '45 <� 3 8�o�fY z Q Q � 0 0 o F o ZQ Q Z Zo ZWOQZ ZO�n m o O 0j w�w�Q Z Q U %- LZ Z > ,00 -, Q� V U w-< Z U 0 U o Q N Q 0 oEoa cno �5 Z�� ozQ � O�UQOQO �W^ acnFP=jF J fJ W " o 0 Q J Q� w� 1� wwa�Q�� u-Q oa}OZO _ O Z J 0 LJJ 'y Z U a N 0 m z wo Lf Q O w V Z w Q 0 00, 70, m CC k aa0Wa 0 �NQQ 0~ Q O Z Y O M O O a m = V) 3 0 Qot F N a "77dxaSA4i A 9 9 9 9 9 9 9 9 9 9 N F 3 1 <14 4 4&d� a� D cn �< fAa 4f �rt '_ Mg b N W X m LLI Q Z ~ W w OG NU 9z Z QQ Z Q J 90 D mLn J W Q W N W N �O d� NN NpTCIA N 1 1 „• J •11 LL= 0 ` \ d ✓ s z IN z— 3< W < z o 1\ \ \ \ \ T S AM 1 ,, 1 f 1 ww• 1 1 1 1 I� _ 4ig; g e ¢ s 1 8Q L R '.�S.YoR87a8? ^RRR•Ra' - 7Se8s78RR«^R^-,��s �doRd�nFiNddFi'eS-..Rd7l$$r��$�$Gi$IC4i�i��de� Wss GW s W s s s ERNMS6R. roan.+'�SM�r $n 9-?=!s�--sg§9q39J9��999999� X �s�esa^bseacaaark:saaaasassRRaasasa gsaRRa deN$:r78"S�o�i>'�ibFi°�dobY$fZRRdad$A�e:iB$'A�°bR 7 �77399799��-`�777h77h77h�77377 RJ7�7s3 8R8Rsa S'SY.,s85 a��RFstS=s`-dRV-n�E��"$$a:saLtXf 8Ro 880�� 8%+ RSR R=R. as a pg Yr9SD'n �hY a�x5n BIRm S � O:$R��gR�RE 3ai�� Ga$a .-Ni zG:s.::bpY�Rg� ^:Rn.^��.licedNd�B>r�R.j-dS^n:��:�k8�7tR$d>B XR� XZS RS ^s X8 8�s gsRX X. 8. Sd`r$'RFF s 8a� =A==:$78eRSRWA�$R$&9t@=$f$$LIrSRRfRR'��:, 8 R 88s^ a R.^�:R ^s 8S`.rR 1 R85_8 8 .88S88I888888 8 .8 SY9 9"8 988 X .8888889W88 _:R7(��_R-RR$r_s8o�ge�R_„ s�'"" ,9•�� -s8VYx �ssaEgasgsc �E��6�8c �&�E$5333��53 $O H M WWJ v 5�e 6o a1 Grandview L.L.C. October 1, 2003 Dana Burkhardt Senior Planner Planning Department Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Re: Parcel A at Scottsdale Mountain Dear Mr. Burkhardt, We wish to apple to the Town of Fountain Hills Council for approval of a private entrance roadway and emergency access roadway over a portion of property lying in Section 17, Township 3 North, Range 6 East and owned byM.CO Properties. This approval will permit access, both residential and emergency type, into our proposed site. The parcel to be accessed is situated in the City of Scottsdale, but only accessible from the Town of Fountain Hills. Meetings with the Town of Fountain Hills Engineering and Planning Staff has helped us to deterniine the appropriate easements to satisfy the needs of all parties. We feel this cominunication has been beneficial to all concerned. We Have submitted three (3) copies of the recorded easements as pan of this application. A review of the documents indicates we have provided for ingress and egress, both residential and emergency, and for the installation of public utilities within this roadway. Furher, we have provided easements for drainage, landscape, grading, walls and sight visibility. Also, included with this package is a recorded easement for emergency ingress and egress for Lot 11 of our proposed Parcel A - Also, please find cover sheet of proposed final plat of Scottsdale Mountain Estates Unit 1 Parcel A to show locations of referenced easements. Please accept this application and should there be any questions, please do not hesitate to contact me at 480- 317-6816. Thank you, 1 Qau= o .nson, P.E. Agent for Grandview L.L.0 Town of Fountain Hills Town Council Agenda Action Form vft� Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 11/6/03 Contact Person: Tom Ward Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the extension of premise application submitted by Helga Essert for Golf International located at 10440 Indian Wells Drive. Golf International is requesting a permanent 400 square foot extension of the lounge. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information To obtain Council approval for the extension of premises submitted by Golf International. It received a favorable recommendation from the Sheriffs Office. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo; Sheriff Office memo; application front page Type(s) of Presentation: Consent Agenda Siiinatures of Submitting Staff: &26o� - Dep rtment Head D�3 �03 Town Ma ager esignee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 23, 2003 FR: Tom War , c or of Public Works RE: Golf International, Inc. Extension of Premise I/ Helga Essert has requested an extension of premise permit for Golf International, Inc located at 10440 E. Indian Wells Drive. The request is to permanently extend the premises by 400 square feet. The applicant is an Arizona resident with no wants or warrants and there is a current Fountain Hills business license on file. Public Works and the Maricopa County Sheriffs Office have reviewed the application and recommend approval by the Council. \\earth\BBrannon\Liquor Ucenses\Staff Memos\Golf International Extension of Premise.doc MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward DIRECTOR OF PUBLIC WORKS FOUNTAIN HILLS Memorandum From: Galen Reifschneider #960 ADMIN./COMMUNITY RELATIONS DEPUTY Subject: Liquor Premise Extension — Golf International Inc. I Date: October 20, 2003 The purpose of this memorandum is to provide an endorsement of the attached liquor license premise extension application for Golf International Inc. located at 10440 E. Indian Wells Dr. Background Investigation: This application is for an existing liquor license for extending the premises by 400 square feet. At this time, there are no liquor violations under this license to affect the approval of this permit. An inspection of the diagram provided, clearly shows that the establishment will be able to visually/and physically control the movement of alcohol on the proposed patio area. The applicant, Helga Essert is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for her. Recommendation: Based on compliance with Title 4 relating to the present liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 RIO-93 (MW97 0.0 5/27/98) OR ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5TH Floor ;,..• FOR OFFICE USE ONLY Phoenix AZ 85007-2934 400 W Congress # 150 (602)542-5141 Tucson AZ 85701-1352Approved ❑ Yes ❑ No Date (520) 628-6595 Approved by: APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR 0 Permanent change of area of service — Give specific purpose of change: f X TENS! 0 A/ D 1; LDk.N G L- 00 ° iy EE7 ❑ Temporary change for date(s) of: 1. Licensee's Name: S S J5'27- H FL-G R Last Fib Middle 2. Mailing Address: (p SI g O ! N 0)19N A0,6LLL DR Fou.ArT,* A" N/46 S /} Z 61(f City 1 7 State Zip 3. Business Name: G D L F 11V 1 J52 4% -fl7CW V AL NC LICENSE #: 4. Business Address: l 0 YLE o W 1010A) W ozIcs NAUCOP9 114 _ (FQZ41_ City COUP State Zip 5. Business Phone: Residence Phone: ( 8 D) g !17 6. Do you understand Arizona Liquor Laws and Regulations? ® YES ❑ NO 7. Have you received approved Liquor Law Training? ❑ NO ® YES When? C4 —) 0 - 1?8 8. What security precautions will be taken to prevent liquor violations in the extended area? S/}140 V-S / N 2E SCR a.2R�rT *No two t.—" G E /V 0 Lj 9. Does this extension bring your premises within 300 feet of a church or school? [:]YES ONO 10. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. After completing sections 1-9, 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. This chat) e ' prcmii is RECO NDE y the local Board of Supervisors, City Council or Designate: Authorized Sign itle) (Agency) L e 14 hereby declare that 1 am the APPLICANT filing this application. (Print full name) I have read the application and the contents and all statements are true.correct and complete. State of A r I2_o rl\ G County of X The foregoing instrument was acknowledged before me this (Si atureof0wn SUSAN GRIGGS 3� �COCr o?eJU 3 Notary Public - State of Arizona MARICOPA COUNTY Day Month Year My omm. expires Jan. 28, 2005 My commission expires on: '5g!�a (Signature of Tj TARY PUBLIC) Investigation Recommendation Date: LIC01050512003 Disabled individuals requiring special accommodation, please (602) 542-9027. IbO Z6. NE W: N 47 wA* XX Q 0 a w 3 c� c� zz cn „0L-,91 L __ w0l Fm f a f ! o ! I N IIIIII 3 I I �p �0 zmo IIIIII �Q Dui :}Q a IIIIII ow IIIIII ?m U pad O O o ~ IIIIII on a CD3�Q ICI � a0 � N m ® N� II II N II II II II II N az wD I III I I �Z=Of o C m pWQ O � IIIIII >� 4w 3= I III I I CZ p so ov I III I I �3 O 'CNw LLII I II I 00 z Z I I II t m X= ICI Z II II II li o � N II II Il.._fI II !I I i I I II II II II �I Q — — — — — — CD Q 00 a IIIIII N I a IIIIII „o-4 2I I I I �o III II i � I `V I Ln I I ADDRESS OF PROJECT: 10440 N. INDIAN WELLS DRIVE FOUNTAIN HILLS, AZ 85268 LEGAL DESCRIPTION: PLAT 4038 BLOCK 7 PARCEL A FOUNTAIN HILLS, SUBDIVISION TAX ASSESORS: NO: 17610006A ZONING: C-2 LOT AREA: 14.02 ACRES BUILDING AREA: EXISTING BUILDING AREA: 15,153 SQ. FT. PROPOSED ADDITION: 472 SQ. FT. PARKING: REQUIRED PROVIDED STANDARD: -- 150 ACCESIBLE: -- 4 OCCUPANCY TYPE: A3 NEW OCCUPANT LOAD: 427 SQ. FT. /15 OCCUPANTS PER SQ. FT. 28.46 OR 29 OCCUPANTS. EXISTING OCCUPANT LOAD: 1134 SQ. FT. /15 OCCUPANTS PER SQ. FT 75.6 OR 76 OCCUPANTS. IIIIIIIIi,, TOTAL OCCUPANT LOAD FOR LOUNGE 105 OCCUPANTS. CONSTRUCTION TYPE: TYPE VN SPRINKLED t ALLOWABLE BUILDING AREA: GROUP A DIVISION 3 (MAJOR OCCUPANCY) BASIC ALLOWABLE AREA 6,000 SQ. FT. SEPARATION 3 SIDES (100%) x2 SUB TOTAL 12,000 SQ. FT. AUTOMATIC SPRINKLER INCREASE x3 36,000 SQ. FT. ACTUAL AREA (DRIPLINE) EXISTING 15,153 SQ. FT. NEW 485 SQ. FT. OWNER: FRIEDER ORT DESERT CANYON GOLF COURSE 10440 N- INDIAN WELLS DRIVE FOUNTAIN HILLS, AZ 85268 (480) 837-1561 ARCHITECT: ( STAN J. CONNICK � w STAN J. CONNICK & ASSOCIATES, ARCHITECTS -PLANNERS 11027 N. PINTO DR. FOUNTAIN HILLS, AZ 85268 (480) 816- 8000 (480) 816-8222 (FAX) STRUCTURAL ENGINEER: S.E. CONSULTANTS, INC. 5800 E. THOMAS ROAD, #104 SCOTTSDALE, AZ 85251 (480) 946-2010 (480) 946-1909 (FAX) CADD DRAFTING: SCALE DRAWINGS, INC. VLADIMIR ZILBERMAN 1730 S. JENTILLY LANE, SUITE 104 TEMPE, AZ 85281 (480) 446-0362 (480) 446-0364 (FAX) SCALEDWG®JUNO.COM CODES 1994 U.B.C. 1994 U.M.C. 1993 N.E.C. 1997 U.At ARIZONA S WITH DISABILITIES ACT R 10-3-403; R 10-3-404 WHICH INCLUDES 28 CFR PART 35, AND 28 CFR 36 AND THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY. GUIDELINES FOR BUILDING AND FACILITIES (ADAAG); CABO/ANSI A117.1-1992. (AzDA) A.R.S.-41-1491.37. SHEET INDEX ARCHITECTURAL DRAWINGS A-1 FLOOR PLAN AND SITE PLAN A-2 FOUNDATION, ROOF FRAMING PLAN AND SE( A-3 ROOF, REFLECTED CEILING PLAN AND ELEVP p9C- PALMER WAY �S W D O� �0 THIS PROJECT o J 3Q O O Z ti�9 U W 6 Of - N �Ia oQ P� N`ONW e��L�NE Vicinity Map REVISED Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/6/03 Submitting Department: Town Manager Contact Person: Stevens Consent:® Regular:❑ Requesting Action:❑ Tvne of Document Needing Approval (Check all that appl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Oinucil-Pifi(Check"Approprta & r'eas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of DISSOLUTION of the Developer Advisory Committee. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Councilwoman Stevens has requested that this item be placed on the agenda for the Council's consideration. The Developer Advisory Committee was established on December 20, 2001 for the purpose of evaluating the plan review process and areas of zoning code and subdivision ordinance that were causing interpretation problems and/or bottlenecks in the flow of permit approval and to recommend procedural changes to deal with the issues that were identified. The 8 volunteer members were appointed by the Council at the time of formation and consisted of 4 local developers, a councilmember as Chair, the Community Development Director, Fire Marshal, and an Engineering staff member with no specified term length. The Committee met on an "as -needed" basis and has not met since July 9, 2002 as their work as been completed. Staff recommends dissolution. List All Attachments as Follows: none Type(s) of Presentation: Signatures of Submitting Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type; Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular::N Meeting Date: 11/06/03 Contact Person: Denise Lacey, Planner Requesting Action;® Tune of Document Needing Auvroval (Check all that anpl ® Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Abptovriate Area ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ReportOnly❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: PUBLIC HEARING to receive comments on ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, relating to requirements in Section 6.08 of the Sign Regulations. Case #Z2003-08. CONSIDERATION of ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, relating to requirements in Section 6.08 of the Sign Regulations. Case #Z2003-08 Staff Recommendation: Approve Fiscal ImpactsNo $ Purpose of Item and Background Informations On May 1, 2003, the Town council approved Ordinance #03- 07 amending Chapter 6 of the Zoning Ordinance pertaining to Sign Regulations. During discussion of the ordinance the Council directed staff to draft an amendment to provide regulations on A -Frame Signs. Staff presented A -Frame sign regulations to Council at their first meeting in June. Discussion was held and revisions were resubmitted to Council in July, at which time Council directed staff to process the regulations as required by the Zoning Ordinance. On August 14 staff presented the regulations to the Planning & Zoning Commission for initiation. However, the Planning & Zoning Commission recommended changes. Staff presented the regulations, with changes, to the Planning & Zoning Commission on August 28; the Commission voted to initiate the amendment to Chapter 6 of the Zoning Ordinance as it relates to signage. On October 23, 2003, the Planning & Zoning Commission recommended approval of Ordinance 03-20. List All Attachments as Follows. Ordinance 03-20, Staff Report, Downtown Businesses Memo, and Staff Memo. Type(s) of Presentation: Signatures of Submitting Staffs /Ow/ D artment Head ./ • O3 Town a er esignee Budget Review (if item not budgeted or exceeds budget amount) `■. TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor and Town Council DT: November 6, 2003 FR: Denise Lacey, Plannerct RE: Consideration of Ordinance 03-20. Case # Z2003-08 On May 1, 2003, the Town council approved Ordinance #03-07 amending Chapter 6 of the Zoning Ordinance pertaining to Sign Regulations. During discussion of the ordinance the Council directed staff to draft an amendment to provide regulations on A -Frame Signs. Staff presented A -Frame sign regulations to Council at their first meeting in June. Discussion was held and revisions were resubmitted to Council in July, at which time Council directed staff to process the regulations as required by the Zoning Ordinance. On August 14 staff presented the regulations to the Planning & Zoning Commission for initiation. However, the Planning & Zoning Commission recommended changes. Staff presented the regulations, with changes, to the Planning & Zoning Commission on August 28; the Commission voted to initiate the amendment to Chapter 6 of the Zoning Ordinance as it relates to signage. Ordinance #03-20 amends chapter 6.08 of the Zoning Ordinance regarding the following: A -Frame Signs. This recommendation includes limiting A -frame signs to two per business location. This recommendation is to prevent, what could result in, an over `r, abundance of signs. Based upon 515 businesses, located in our commercial zoning districts, it is possible 1030 signs could be displayed. Each additional sign allowed would, of course, add to this number. In addition, exhibits have been included to clearly identify allowed size and placement. Neon. This recommendation is to allow up to four square feet of neon as window signage. Open House Directional Signs. These changes are made to more closely resemble the requirements of the A -Frame Signs. Real Estate Signs. Changes recommended to this portion of the ordinance are those suggested by our Code Enforcement Division. Recommendation: Staff has attached a copy of the memo received from the Committee for Sign Ordinance Review & Fountain Hills Downtown Business Community, Inc. and Staff s memo of response. The Planning & Zoning Commission reviewed this ordinance at their October 23, 2003 meeting. Nine (9) member of the public gave public input, seven (7) were in support of A - frames signs and two (2) were opposed. Public comments included: M Ordinance 03-20 (Sign Ordinance Amendments) Staff Report November 6, 2003 ➢ There is a better way to advertise than a -frames but we need the a -frames until that avenue is found. ➢ Regulations are needed. ➢ Enforcement is needed. ➢ Tax Revenue is derived from the small businesses that depend on the a -frames for advertising. ➢ Perhaps a map to "hidden treasures" should be developed, possibly by the Chamber. ➢ Special Events use a -frames to provide directional information. ➢ Throw away right or wrong, do what is best for the community. Planning & Zoning Commissioners provided the following comments: ➢ A challenge was given to business owners to come up with alternatives to the a -frame signs. ➢ The Town should work with the business owners regarding location of signage in the rights -of -way. ➢ A two-year sunset clause is needed. ➢ Concerned that penalties are not severe enough. ➢ Alternatives to the a -frame signs are not a simple matter. The Planning & Zoning voted, unanimously, to recommend approval of Ordinance 03-20 with the following recommendations. Changes are indicated by bold, deletions are indicated by strikethrough. Section 6.08, paragraph 2, • ONLY THOSE BUSINESSES WITH A PHYSICAL LOCATION IN A COMMERCIAL ZONING DISTRICT WITHIN THE TOWN OF FOUNTAIN HILLS, MAY DISPLAY A -FRAME SIGNS • EACH BUSINESS LOCATION IS PERMITTED A MAXIMUM OF TWO (2) SIGNS. • SiZE OF S TEXT AREA MAY NOT EXCEED 4.5 SQUARE FEET (SEE EXHIBIT 6.08A). • SIGNS SHALL NOT BE DISPLAYED DURING NON -BUSINESS HOURS OR BETWEEN SUNSET AND SUNRISE. • THE APPEARANCE, TEXT, VISUAL MESSAGE AND CONTENT AS APPROVED IN THE ORIGINAL SIGN PERMIT IS PERMANENT AND MAY NOT BE CHANGED OR ALTERERD WITHOUT OBTAINING A NEW PERMIT. • A -FRAME SIGNS WILL BE PROHIBITED TWO YEARS FROM THE DATE OF ADOPTION OF THIS AMENDMENT. Page 2 of 3 Ordinance 03-20 (Sign Ordinance Amendments) Staff Report November 6, 2003 Section 6.08, paragraph 16, Section 6.08, paragraph 17, • TEXT AREA MAY NOT EXCEED 4.5 SQUARE FEET (SEE EXHIBIT 6.08A). • PLACEMENT OTHER THAN AS DESCRIBED ABOVE MAY BE APPROVED BY THE PUBLIC WORKS DIRECTOR —ZONING ADMINISTRATOR OR HISMER AUTHORIZED DESIGNEE. Section 6.08, paragraph 20, • PLACEMENT OTHER THAN AS DESCRIBED ABOVE MAY BE APPROVED BY THE ZONING ADMINISTRATOR OR HIS/HER AUTHORIZED DESIGNEE. And, the suggestion that Council consider allowing the placement of A -frame signs 1%, within the frontage road median on Saguaro Boulevard. Staff recommends approval of Ordinance #03-20 amending Chapter 6 of the Zoning Ordinance as it relates to signage. Page 3 of 3 ORDINANCE NO.03-20 *'" AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 6 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO INCLUDE PROVISIONS RELATING TO SIGNS. �%w WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, establishes the authority and procedures for amending the Zoning Ordinance; and WHEREAS, public hearings were advertised in the October 8, 2003, edition of the Times of Fountain Hills and Rio Verde, pursuant to ARIZ. REV. STAT. § 9-462.04; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on October 23, 2003, and by the Mayor and Town Council of the Town of Fountain Hills on November 6, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08, Signs Allowed, is hereby amended as follows: Legend: Numbers 1-278 indicate the sign type permitted with additional requirements or clarification as listed by the number in the paragraphs below: N/A means not allowed. Zoning District C-O C-C C-2 All Single & IND-1 L-1 C-1 C-3 Multi Family IND-2 L-2 TCC Residential L-3 and OSR Total Aggregate Sign 1 1 1 N/A 1 1 Area A -Frame Sin 2 2 2 - N/A -2 N/A - N/A -Awning/Canopy Sign 3 3 3 3 3 274 Banners 4 4 4 N/A N/A N/A Civic Organization 5 5 5 5 5 N/A Identification Contractor Signs 6 6 6 6 6 6 Directory Signs 7 7 7 8 7 N/A 9196.001VA03-20 Sign Ordinance.v4.doc 12-10-03-1 I ,oar 019 Flag 9 9 9 9 9 9 Freestanding 10 10 10 N/A 10 27 Fuel Price Signs N/A 11 11 N/A N/A N/A Future Development Signs 12 12 12 12 12 12 Garage Sale Signs 13 13 13 13 13 13 Menu Board N/A 14 14 N/A N/A N/A Multi -Tenant Building Identification Sign 15 15 15 N/A N/A N/A NEON SIGNS 16 16 16 16 16 16 Open House Directional Signs 46 17 46 17 44 17 4-6 17 46 17 N/A Political and Ideological Signs 4218 47 18 4-718 42 18 42 18 47 18 Signs 48 19 49 19 49 19 N/A 4$ 19 -26 27 -Projecting Real Estate Signs 49 20 49 20 4-9 20 49 20 49 20 N/A Event Signs 29 21 20 21 20 21 20 21 2021 20 21 -Special Signs -24 22 2422 24 22 -24 22 24 22 2627 -Temporary Under Canopy Signs 2223 22 23 2223 N/A 22 23 N/A Wall Signs 23 24 1424 2324 N/A 2424 N/A Window Signs 24 25 24 25 24 25 N/A N/A N/A Window 2426 2526 2426 2526 2426 2426 -Decorations/Painting -Comprehensive Sign Plan 27 28 27 28 22 28 N/A 2728 2728 (1) Total Aggregate Sign Area is the sum of the total allowable sign area for the entire site with the following restrictions: b) In C-0, C-C, C-1 AND TCC Zoning Districts, the total aggregate sign area shall not exceed 50 square feet. However, if the frontage measures more than 50 feet, then the aggregate area shall be calculated at one square foot per lineal foot of building frontage, not to exceed 80 square feet. (2) A -Frame Signs are allowed as follows: a) Signs must be plaeed at least three feet the behind our-b. if no eur-b is present, sig*S h lazm be leeated'1 at heart en feet fem the edgeof the owl ..Y.,i4ie of the publie right of . 9196.001VA03-20 Sign Ordinance.v4.doc 12-10-03-1 2 h) Signs be in the right betwe shall plaeed pe-r-M-itted- -afle-as of publie Sig in of way only sunrise and sunset. g publie rights of way after- sunset, or- plaeed- in rights of shall be subjeet to + the Town.. eonfiseation and destr-uotion by a) ONLY LICENSED BUSINESSES THAT ARE PHYSICALLY LOCATED WITHIN TOWN COMMERCIAL ZONING DISTRICTS MAY DISPLAY A - FRAME SIGNS. b) LICENSED BUSINESSES PERMITTED TO DISPLAY A -FRAME SIGNS MAY DISPLAY A MAXIMUM OF TWO SUCH SIGNS PER BUSINESS LOCATION. SUCH BUSINESSES MAY NOT DISPLAY BOTH SIGNS ALONG THE SAME ROADWAY. c) THE TEXT AREA OF A -FRAME SIGNS MAY NOT EXCEED 4.5 SQUARE FEET (SEE EXHIBIT 6.08A). d) NO SIGN MAY BE GREATER THAN 24 INCHES WIDE AND 36 INCHES TALL (SEE EXHIBIT 6.08A). e) SIGNS SHALL BE CONSTRUCTED OF WROUGHT IRON; SHEET METAL; 1/8 INCH THICK PLASTIC; OR OF WOOD THAT IS AT LEAST 3/8 INCH THICK. NO OTHER MATERIALS ARE ACCEPTABLE. 9196.001\..\03-20 Sign Ordinance.v4.doc 12-10-03-1 3 f) SIGNS MUST BE MANUFACTURED BY A PROFESSIONAL SIGN COMPANY. g) SIGNS MAY BE PLACED IN ANY COMMERCIAL ZONING DISTRICT, EXCEPT COMMERCIAL ZONING DISTRICTS FRONTING ON SHEA BOULEVARD. h) SIGNS SHALL NOT BE LOCATED MORE THAN ONE MILE (AS MEASURED ALONG THE PUBLIC RIGHT-OF-WAY LINE(S)) AWAY FROM THE DESTINATION TO WHICH SUCH SIGN IS DIRECTING TRAFFIC. i) SIGNS SHALL NOT BE LOCATED IN A MANNER THAT POSES A TRAFFIC VISION HAZARD. SIGNS MAY NOT BE LOCATED WITHIN THE SIGHT TRIANGLE AS DEFINED IN THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE SECTION III, EXHIBIT 16. j) SIGNS SHALL NOT BE PERMITTED ON ANY SIDEWALK. SIGNS MUST BE PLACED BEHIND THE SIDEWALK. IF NO SIDEWALK IS PRESENT, SIGNS MUST BE PLACED AT LEAST 3 FEET BEHIND THE CURB. IF NO CURB IS PRESENT, SIGNS SHALL BE LOCATED AT LEAST 10 FEET FROM EDGE OF THE PAVED PORTION OF THE PUBLIC RIGHT-OF-WAY. (SEE EXHIBIT 6.08B). k) EXCEPT AS SET FORTH IN SUBSECTION L BELOW, NO SIGNS ARE ALLOWED IN THE CENTER MEDIANS THAT DIVIDE PORTIONS OF PAVED OR UNPAVED ROADWAYS. 1) SIGNS MAY BE PLACED IN THE MEDIAN SEPARATING SAGUARO BOULEVARD AND THE SAGUARO BOULEVARD FRONTAGE ROAD, HOWEVER, ONLY ONE SIGN IS PERMITTED IN THE MEDIAN PER BUSINESS LOCATION AND SUCH SIGNS SHALL NOT BE PLACED MORE THAN TWO ABREAST. m) SIGNS SHALL BE IN GOOD REPAIR AND NEATLY PAINTED. n) NO ATTACHMENTS TO SIGNS ARE PERMITTED, INCLUDING, BUT NOT LIMITED TO BALLOONS, STREAMERS, PENNANTS AND FLAGS. o) LANDSCAPING CANNOT BE MODIFIED OR DAMAGED TO ACCOMMODATE AN A -FRAME SIGN. p) SIGNS SHALL ONLY BE DISPLAYED BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 P.M. q) ALL SIGNS MUST HAVE A CURRENT PERMIT TAG ON THE UPPER RIGHT HAND CORNER OF THE SIGN. 9196.001\..\03-20 Sign Ordinance.v4.doc 12-10-03-1 .0 r) A MAP SHOWING PLACEMENT OF SIGN MUST BE PROVIDED AT TIME OF APPLICATION AND STRICTLY ADHERED TO. s) PLACEMENT, OTHER THAN AS DESCRIBED ABOVE, MAY BE APPROVED BY THE ZONING ADMINISTRATOR OR HIS/HER AUTHORIZED DESIGNEE. t) THE APPEARANCE, TEXT, VISUAL MESSAGE AND CONTENT OF SIGNS, AS APPROVED IN THE ORIGINAL SIGN PERMIT, MUST NOT BE CHANGED OR ALTERED WITHOUT OBTAINING A NEW PERMIT FOR THE SIGN. u) NO A -FRAME SIGN IS PERMITTED ANYWHERE WITHIN THE TOWN OF FOUNTAIN HILLS TWO YEARS FROM THE DATE OF THE ADOPTION OF THIS AMENDMENT. (16) NEON SIGNS ARE ALLOWED AS FOLLOWS: a) MAY ONLY BE USED AS AN "OPEN" SIGN. b) DOES NOT COUNT TOWARD TOTAL AGGREGATE SQUARE FOOTAGE. c) LIMITED TO WINDOW DISPLAY ONLY (MAY NOT BE USED ON EXTERIOR OF BUILDING). d) MAXIMUM SIZE OF FOUR (4) SQUARE FEET. e) MAY NOT BE ILLUMINATED WHEN BUSINESS IS CLOSED. (167) Open House Directional Signs are allowed only as follows: a) Open House Directional signs shall be used to direct traffic to a residence for sale, lease or rent. b) Maximum number of directional signs for each residence for sale, lease or rent shall be 5. c) Maxiwmm area r- earah sign shall be 4 squafe NO SIGN MAY BE GREATER THAN 24 INCHES WIDE AND 36 INCHES TALL, AND THE TEXT AREA ON THE SIGN MAY NOT EXCEED 4.5 SQUARE FEET (SEE EXHIBIT 6.08A). d) :iaxiffmm hei� for- earsh sign shall be 3 feed SIGNS SHALL BE CONSTRUCTED OF WROUGHT IRON; SHEET METAL; 1/8 INCH THICK PLASTIC; OR OF 9196.001V A03-20 Sign Ordinance.v4.doc 12-10-03-1 5 WOOD THAT IS AT LEAST 3/8 INCH THICK. NO OTHER MATERIALS ARE ACCEPTABLE. e) Signs shall not be illuminated. f) SignS must contain a directional arrow. g) Signs shall be placed at least 3 feet behind the curb. If no curb is present, signs shall be located at least 10 feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. h) No sign shall be placed within 150 LINEAR FEET OF the Shea Boulevard public right-of-way. i) No sign shall be placed within 150 linear feet from OF any traffic control light. j) Signs must be made BY A PROFESSIONAL SIGN COMPANY. k) SIGNS SHALL NOT BE LOCATED WITHIN 100 LINEAR FEET OF, OR ALONG THE SAME ROADWAY (AS MEASURED ALONG THE PUBLIC RIGHT-OF-WAY LINE(S)), OF ANY SIGN ADVERTISING THE SAME LOCATION (SEE EXHIBIT 6.08 Q. 1) SIGN PLACEMENT, OTHER THAN AS DESCRIBED ABOVE, MAY BE APPROVED BY THE ZONING ADMINISTRATOR OR HIS/HER AUTHORIZED DESIGNEE. (1-8) Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where THE sign is being located. The combination of commercial, political; and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed in this code. In addition to signs already permitted in residential zoning districts, political and ideological signs may be located within the following parameters: (199) Projecting Signs are only allowed as follows: (47920) Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: 9196.001\..\03-20 Sign Ordinance.v4.doc 12-10-03-1 rel a) Real Estate Signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. b) Real Estate Signs must be non -illuminated. c) Maximum sign area of 6 square feet. d) Maximum height of 5 feet. e) Signs must be made BY A PROFESSIONAL SIGN COMPANY. f) No portable signs allowed. g) SIGNS MAY ONLY BE PLACED ON PROPERTY THAT IS FOR SALE, LEASE OR RENT. h) MAXIMUM NUMBER OF SIGNS ALLOWED IS ONE (1) PER STREET FRONTAGE. i) SIGNS MUST BE REMOVED WHEN THE PURPOSE FOR WHICH THE SIGN WAS ERECTED IS COMPLETE. j) SIGN PLACEMENT, OTHER THAN AS DESCRIBED ABOVE, MAY BE APPROVED BY THE ZONING ADMINISTRATOR OR HIS/HER AUTHORIZED DESIGNEE. (201) Special Event Signage is allowed as follows: (212) Temporary Signs advertising the sale, leasing or renting of a building, dwelling suite, property, or other forms of real estate shall conform to the following regulations and are exempted from the total aggregate sign area. (2-23) Under Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: (2-34) Wall Signs count as a part of the total aggregate signage and are allowed as follows: (245) Window signs are allowed as follows: 9196.001\..\03-20 Sign Ordinance.v4.doc 12-10-03-1 7 21 (2-56) Window decorations/painting with a holiday theme are allowed as follows: (267) There shall be no signage on any lot or parcel within the L-1, L-2 or L-3 Zoning Districts, except for one freestanding identification sign, regardless of the number of primary or accessory uses on the lot or parcel. (2-8) Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: SECTION 2. Any ordinance in conflict with the provisions hereof is hereby specifically repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, November 6, 2003. FOR THE W.J Mayor 9196.001\..\03-20 Sign Ordinance.v4.doc 12-10-03-1 ATTESTED TO: K "I"Wifflow 4 APPROVED AS TO FORM: - 0.1 R�A/- An w J. McGuire, Town Attorney Page 21, Section 6.08.21.b. Change last sentence to read "signs must VMW be of professional quality." Page 21, Section 6.08. New Addition following (22) Add a new provision that allows neon signs as follows: (#) Neon Signs are allowed as follows: (a) Neon wall signage must be included in the total aggregate of square footage allowed. (b) All or part of the total aggregate of square footage of signage allowed may be neon. (c) If neon is used as window signage, the total square footage of all combined neon will be included as part of the overall allowable square footage of signage allowed for that location. A neon `Open' sign of four (4) square feet maximum is allowed and will not be included as part of the total allowable square footage of signage for that location. �,.. Page 22, Section 6.08.23.e. Change to read "Wall signs may not be placed on multiple story buildings above the first floor without obtaining a variance from these regulations by application and approval from Planning and Zoning and the Town Council. Page 22, Section 6.08.24. Add a new provision as follows "Window signs are allowed above the first floor of a multi -story building subject to the provisions of Section 6.08.24.b., and providing they are not part of and existing sign permit and signage for a business on the first floor. Said window signs shall be of professional quality. Page 22, Section 6.08.25. Change to read "Window Art, Decorations and Painting is allowed as follows: a. Window art, decorations and painting must be of professional quality. b. The combination of window art, decorations and painting shall not exceed 50% of window area. c. Window art, decorations and painting shall not contain any form of advertising, including but not limited to, name of REVISED 9/25/03 4 ,%W business, logo, sale language or other form of other form of advertising as outlined in Section 6.02. - d. Sign permit is not required. i REVISED 9/25/03 TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT MEMO TO: Committee for Sign Ordinance Review & DT: October 20, 2003 Fountain Hills Downtown Business Community, Inc. Planning & Zoning Commissioners Mayor and Council Members FR: Denise Lacey, Planner RE: Sign Ordinance Suggested Changes The Planning & Zoning Division has received the memo distributed by the Committee for Sign Ordinance Review & Fountain Hills Downtown Business Community, Inc., dated October 14, 2003. Staff would like to take this opportunity to respond to some of the suggestions/requests. Section 6.02 Portable Signs: The term "conspicuously visible" is not definable. This definition would require Town Staff to determine what would be deemed as "conspicuously visible", Staff's interpretation could then be questioned as to correctness. This suggestion would create an enforcement 140.' problem. Section 6.07.I.1 Neon Signs: Staff originally suggested that neon be allowed as part of a wall sign and up to four (4) square feet in the window, which was defeated by Town Council. Staff has proposed an amendment (ordinance 03-20) to allow neon as follows: a) WHEN USED AS AN "OPEN" SIGN, DOES NOT COUNT TOWARD TOTAL AGGREGATE SQUARE FOOTAGE. b) LIMITED TO WINDOW DISPLAY ONLY (MAY NOT BE USED ON EXTERIOR OF BUILDING). c) MAXIMUM SIZE OF FOUR (4) SQUARE FEET. d) MAY NOT BE ILLUMINATED BETWEEN THE HOURS OF 11:00 P.M. AND 7:00 A.M. e) MAY NOT BE ILLUMINATED WHEN BUSINESS IS CLOSED. Section 6.07.I.12 As stated above the term "conspicuously visible" is not definable. This definition would require Town Staff to determine what would be deemed as "conspicuously visible", Staff's interpretation could then be questioned as to correctness. This suggestion would create an enforcement problem. Section 6.07.I.16 Wall Signs: State Statute sets the variance process forth with very strict guidelines on what is needed to obtain a variance. Staff is open to discussion on allowing signage on the second and third floors. Section 6.07.M & Section 6.08.2.b Placement in Rights-of-Way/Medians: The Town Code, Section 16-1-2, states "It is unlawful for any person to encroach upon any right-of-way. As defined in Section 16-1-1 without obtaining an encroachment permit from the town engineer." Section 16-1-1 defines encroachment as follows "going over, upon or under or using any right-of-way.... In such manner as to prevent, obstruct or interfere with its normal use, including but not limited to the performance of the following act (2) erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, pipe, conduit, wire or other structure on, over or under the surface of any right-of-way ...". The encroachment permit requirements include a map and general liability insurance for minimum of $500,000 naming the Town of Fountain Hills as an additional insured among other items. Section 6.08.2.g Number of A -Frame Signs Allowed: Staff has proposed an amendment (ordinance 03-20) allowing two (2) A -Frame signs per business location, as suggested by the Planning & Zoning Commission. Section 6.08.2 j A -Frame size: Staff has proposed an amendment (ordinance 03-20) as follows: a) SIZE OF SIGN MAY NOT EXCEED 4.5 SQUARE FEET (SEE EXHIBIT 6.08A). b) NO SIGN MAY BE GREATER THAN 24 INCHES WIDE AND 36 INCHES TALL (SEE EXHIBIT 6.08A). Section 608.2.k A -Frame Construction: Staff has proposed the following amendment (ordinance 03-20): c) SIGNS SHALL BE CONSTRUCTED OF WROUGHT IRON; SHEET METAL; 1/8-INCH THICK PLASTIC; OR OF WOOD THAT IS AT LEAST 3/8 INCH THICK. NO OTHER MATERIALS ARE ACCEPTABLE. d) SIGNS MUST BE MANUFACTURED BY A PROFESSIONAL SIGN COMPANY. Staff, the Town Attorney and Council discussed the inability to define the term "professional quality". This lack of definition would result in an enforcement problem. Section 6.08.2.1 "VAW A -Frame Attachments: Staff has proposed the following amendment (ordinance 03-20): e) NO ATTACHMENTS TO SIGNS ARE PERMITTED, INCLUDING, BUT NOT LIMITED TO BALLOONS, STREAMERS, PENNANTS AND FLAGS. Staff would support the additional text as follows "The appearance, text, visual message and content as approved in the original sign permit is permanent and may not be changed or altered without obtaining a new permit. Temporary changes and attachments are not permitted. Section 6.08.4.a Banners: The original presentation for amendment to the sign ordinance included the verbiage as presented. However, after public meeting, staff meetings and consultation with the Town Attorney it was decided that banners should remain as currently adopted. Section 6.08.4.h Staff, the Town Attorney and Council discussed the inability to define the term "professional quality". This lack of definition would result in an enforcement problem. Section 6.08.13.e Number of Garage Sale Signs: This was thoroughly discussed at the Planning & Zoning Commission level. Staff and P&Z Commission have recommended five (5) signs be allowed due to the distance from major roadways to residences located in such areas as Firerock, Shadow 16 . Canyon, and the many turns in roadways to reach these locations. Section 6.08.16.b Number of Open House Directional Signs: The reasoning behind this number is based upon the same as stated above. Section 6.08.16J, Section 6.08.19.e, Section 6.08.21.a & Section 6.08.21.b Staff, the Town Attorney and Council discussed the inability to define the term "professional quality". This lack of definition would result in an enforcement problem. Section 6.08 The verbiage as shown is similar to the original verbiage that Staff presented prior to the adoption of the current ordinance. A lot of discussion was held regarding this subject and Town Council decided to continue to the Prohibition of Neon. Staff has asked for an amendment to the current code (ordinance 03-20) to allow neon as follows: a) WHEN USED AS AN "OPEN" SIGN, DOES NOT COUNT TOWARD TOTAL AGGREGATE SQUARE FOOTAGE. b) LIMITED TO WINDOW DISPLAY ONLY (MAY NOT BE USED ON EXTERIOR OF BUILDING). c) MAXIMUM SIZE OF FOUR (4) SQUARE FEET. d) MAY NOT BE ILLUMINATED BETWEEN THE HOURS OF 11:00 P.M. AND 7:00 A.M. e) MAY NOT BE ILLUMINATED WHEN BUSINESS IS CLOSED. Section 6.08.23e The adopted ordinance reads as follows: (1) Window decorations/painting with a holiday theme are allowed as follows: a) Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays. b) The combination of window decoration/painting coverage and signage must not exceed 50% of window area. c) Window decoration shall not contain any form of advertising, including but not limited to, name of business, logo, sale language or any other form of advertising as outlined in section 6.02. d) Sign permit is not required. Window painting/decoration was not previously addressed/allowed. Staff asked for this to be included to allow those businesses wishing to decorate for holidays/special events to hire a professional or decorate themselves. I hope that this information has helped in understanding why and the basis on how decisions were made. As you can see many of the suggested changes have already been addressed, some were suggested and others eliminated based upon information received from Staff and the Town Attorney. It is staff's desire to continue to work with the Business Owners in our community to provide a sign ordinance that works for all. If you have any questions please call me at 480-816-5184. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/6/03 Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Report Only:❑ TVAe of Document Needing ADproval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Anorooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision (now called Adero Canyon), Case Number S1999-24, for 171 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the eagle Ridge Drive public roadway (backbone road). This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagles Nest., aka Adero Canyon. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction; Request for Private Access from Eagle Ridge Dr.; Scottsdale Mountain Estates Private Access Drive Exhibits Type(s) of Presentation: N/A Signatures of Submitting Staff: 4 W � De rtment Head YK & - Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS Y.. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: October 27, 2003 FR: Dana Burkhardt, Senior Planner RE: S2002-10; Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consider approval of the Final Plat for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-6, R1-8, & R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land Saw LOT SIZE: 1,042,974 square feet (23.94 acres) SURROUNDING LAND USES AND ZONING: NORTH: Eagle Ridge Dr. R.O.W. and Parcel 9 of Eagle Ridge North; zoned "R1-43" SOUTH: Hidden Hills II single-family subdivision in Scottsdale EAST: Copperwynd; zoned "R-5 PUD" WEST: City of Scottsdale Parcel SUMMARY: This request is for approval of the Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 1, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This request also includes the dedication of a private access tract of land to provide emergency, public utility and private vehicle access from Eagle Ridge Drive, to the "Scottsdale Mountain Estates" subdivision, located in the City of Scottsdale. "Scottsdale Mountain Estates" is a proposed 13 lot, 26.73 acre gated single-family subdivision located west of Parcel 1 at Adero Canyon. This Final Plat proposes access to lots 1 through 7 directly from Eagle Ridge Drive. Lots 8 and 9 propose access from 145`h Way, which also provides emergency access from the Hidden Hills II Subdivision in Scottsdale. The developer will provide the rough grading and the drainage channel `W structures along the lot frontages for driveway access to lots 5, 6, 7, and 8 with the subdivision improvements. The maximum lot size proposed is 152,914 square feet, the minimum lot size is 43,565 square feet, and the average proposed lot size for this project is 60,914 square feet. This plat proposes an average of 23,366.6 square feet of disturbance for each lot. The lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this parcel is approximately 5.3 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for Eagle Ridge North, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and 1%W meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AD 1 23.94 12 210,300 Totals: 264.668 142 3,119,600 Allowed: 415 9,420,500 Residual: 273 6,300,900 Average dist. for remaining lots: 23080.21978 Access to the "Scottsdale Mountain Estates" property was anticipated at the time of the Settlement Agreement. There exists a notation on the preliminary and final parcel plat documents, which reserves the proposed access to this property from Eagle Ridge Drive. In the event that MCO Properties does not construct Eagle Ridge Drive prior to the development schedule of the "Scottsdale Mountain Estates", the developer may wish to construct temporary access to the subdivision. Staff believes a temporary roadway and the necessary utilities may be constructed within the approved roadway alignment for Eagle Ridge Drive. The temporary roadway would utilize the "Mountain Roadway Standard" design contained in the Settlement Agreement. The temporary roadway would be considered a cul-de-sac and would conform to the maximum length allowed in the Settlement Agreement. Staff has provided a stipulation to this effect if the Council wishes to approve temporary access. If the developer is unable to construct a complete two-way temporary public roadway within the proposed Eagle Ridge Drive disturbance boundaries, the developer is required to construct the complete Eagle Ridge Drive improvement up to the Scottsdale Mountain Estates Parcel "A" emergency access entrance. MCO has posted assurances of construction for Mountain Parkway within Eagle's Nest, and intends to allow the previous assurances of construction for Eagle Ridge Drive within Adero Canyon (Eagle Ridge North) to expire at the end of 2003. The Town will not allow subdivision platting or construction (for Adero Canyon Parcel 1) to occur without posting of an acceptable assurance of construction. Regarding Scottsdale Mountain Estates, the City of Scottsdale will need to determine whether they will allow that subdivision to be platted prior to posting an acceptable assurance of construction for Eagle Ridge Drive. The Town will require that an acceptable assurance of construction for Eagle Ridge Drive be posted prior to permitting the construction within the Town limits. The Scottsdale Mountain Estates Plat notes will state that an Encroachment Permit from the Town is required for all work within the Town, and that Fountain Hills Town Council approval is required to: A. Allow access to Eagle Ridge Drive (this approval). B. Permit Gated Entry on Private Road (this approval). C. Permit Cuts and Fills greater than 10 feet. (The SME developer has indicated that he intends to not have any cuts or fills greater than 10 feet.) D. Permit monument signage within the Town limits. (The SME developer has indicated that he currently intends to put the monument signage outside of the Town limits.) In the event the Town Council approves the "Scottsdale Mountain Estates" temporary access, the Town's agreement with MCO Properties would not be affected or jeopardized. Approval of the temporary access would simply allow the development of the 13 lots in "Scottsdale Mountain Estates" prior to the development of Adero Canyon. Article 7.1 of The Settlement Agreement provides that: "...MCO shall pave Eagle Ridge Drive no later than the date that a certificate of occupancy is issued for a home within the property. The public shall have access to Eagle Ridge Drive following acceptance of MCO's improvements by the Town." (Emphasis Added) RECOMMENDATION: Staff recommends approval of S2002-10; Final Plat "Adero Canyon — Parcel 1", and the private roadway access to "Scottsdale Mountain Estates" with the following stipulations: 1) Prior to final plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the approved water service plans. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) All improvement plans, including but not limited to grading, paving, drainage, landscaping, irrigation, water and sewer plans shall be approved prior to Final Plat recordation. 7) Provide vehicular sight easements and grading for a 380' sightline (30 mph) along Eagle Ridge Drive at all access points in Parcel 1. 8) If the developer of Scottsadale Mountain Estates wishes to construct temporary access and utilities to the proposed subdivision, all improvement plans and assurances for construction must be reviewed and approved by the Town of Fountain Hills. The temporary roadway construction must conform to the development standards of the Subdivision Ordinance, as amended by the Final Settlement Agreement with MCO and the Town of Fountain Hills, and follow the proposed roadway alignment of Eagle Ridge Drive. No additional disturbance will be permitted beyond the proposed roadway disturbance for Eagle Ridge Drive and the proposed 145`h Place roadway alignment for the development of the temporary roadway. Complete improvement plans including, but not limited to grading, drainage, paving, landscaping and irrigation improvements are required. If the developer is unable to construct a complete two-way temporary public roadway within the proposed Eagle Ridge Drive disturbance boundaries, the developer is required to construct the complete Eagle Ridge Drive improvement up to the Scottsdale Mountain Estates Parcel "A" emergency access entrance. 9) Prior to Scottsdale Mountain Estates plan approval and encroachment permit issuance, the developer shall monetarily participate in the subdivisions proportional cost of the traffic signal at Palisades and Eagle Ridge Drive. 10) Revise the Eagle Ridge Drive median for a break at the proposed Scottsdale Development, (Scottsdale Mountain Estates) roadway intersection. Provide a northbound to westbound left turn pocket (minimum 60' length with a 60' taper). Coordinate the median break location with MCO's proposed Eagle Ridge Drive. 11) Provide a separate private access tract for the Scottsdale development within Parcel 1, Tract A. "tar Vicinity Map TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted By - oL Plat Name/Number Parcel Size Number of Lots �f Number of Tracts Zoning i ;_ RL6.1 General Plan Land Use Designation ' F Lov .- r— Y Density Requested (Dwelling Units Per Acre) Applicant Day Phone • qq �So -&37- 9660 I� C Zc r��z� s o- 6 -C/ L Address City ST Zip Owner Day Phone C ' -/So-,a3,;- 2c c Z i 80 -8335 - Address City S T Zip _ Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Pnnt) TO FILE THIS APPLICATION. Subscribed and sworn ore me this day of • My Commission Expires Notary Public Fee Schedule Attached Date (Seal) TFH Case Number 19 i� z LLO N w us g €;Nal$ �� G i aOwl ° 30 8 V3d Z Q _p < O p ojR o a (7 a?p W Z5Z�pIOmo O=�:�6 y.Q(0) Zo < Z <X:3 - O Q O U W J Z V f 8�Q� Q Z O0COL L, LL 0 S2 O z 0ce 6Qo¢o FWE0EMF-J0 Fx j J�w�a0< IL Q IL U' O O '.Y W Q W w Q .m- Q vi J >m I— L� 2 } O Z L� J_ Q 0 0 1 Z J U NU W F- Lu Q0WW�co= V aC'40 zo Lof 00WZWO M. Q� <00 z p�< C O LLJ 00 0 O ~ Q LO O Z Y p M O O n_ m = (N f 0 } N a W QO d N 5i g 9 61h€� Y RIG dig IN � � R t2 RA t2 I so P 5H Z ;§! o v� Nzu o 9111 J ba m A. 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PAM pg SIR S$'n$ r$� �$an5 $$gn SvR =r�?$ �'$ ,Ir mn O �gQ inn �A::Rx�^: �B RGagx FiR.-GRb IA11 IN RXRnRXYSRRRA.,s Xm Rim RB�HX X.R'dRRa. s 8E-e F^6R6.^Y3�.7t�^��d�Br�R«'"Y^re�no�kSF�RSdRR=rB'R�F ^3as�RRR '-�o`=s��9iaRYRR��8RS�RS=Sf3�R��FRR��RR^R��.s'7I�� R RRsa $ R.m«':8 ms �^ RS^«R YaRRb_g 8888Y88Y888888888$888888858888888X$88888888888 s_xoaesa asaa Fgs.s�,,.sRrrv�_ aaan+�,x s.as rvR $$7mmm��r�nn.-oXo-?R8s=='s ^_'.RR7k�R'Rn8'�sBs«8=-R6n �sG3Ea8G88scscsc`ccmsasC��i�C��&��33�SXJ��d3�� wO% b ° goi 4t. d Grandview L.L.C. October 1, 2003 Dana Burkhardt Senior Planner Planning Department Town of Fountain Hills 16836 E. Palisades Blvd. Fountain ]:-pills, AZ 85268 Re: Parcel A at Scottsdale Mountain Dear Mr. Burkhardt, We wish to apply to the Town of Fountain Hills Council for approval of a private entrance roadway and emergency access roadway over a portion of propertylying in Section 17, Township 3 North, Range 6 East and owned byM.CO Properties. This approval will permit access, both residential and emergency type, into our proposed site. The parcel to be accessed is situated in the Qty of Scottsdale, but only accessible from the Town of Fountain Hills. Meetings with the Town of Fountain Hills Engineering and Planning Staff has helped us to deternune the appropriate easements to satisfy the needs of all parties. We feel this communication has been beneficial to all concerned. We have submitted three (3) copies of the recorded easements as part of this application. A review of the documents indicates we have provided for ingress and egress, both residential and emergency, and for the installation of public utilities within this roadway. Further, we have provided easements for drainage, landscape, grading, walls and sight visibility. Also, included with this package is a recorded easement for emergency ingress and egress for Lot 11 of our proposed Parcel A. Also, please find cover sheet of proposed final plat of Scottsdale Mountain Estates Unit 1 Parcel A to show locations of referenced easements. Please accept this application and should there be any questions, please do not hesitate to contact me at 480- 317-6816. Thank you, I Quuui o .nson, P.E. Agent for Grandview L.L.0 Legend -"4wz NAOS Required: 2.06 AC (Per Scottsdale Mountain Master N.A.O.S. Plan) NAOS Required perAmended Development Standards: 13.11 AC. ® NAOS Provided: 14.06 AC (Natural - no revegetation) a r"f &V9,44NIUM ated Entry 2 ?APUL- S ACEa.o N.A.O.S. Provided Chart Lot Number Lot Sq. Ft NAOS Sq. Ft 1 157,220 93,252 2 93,072 64,602 3 64,469 29,522 4 75,496 46,786 5 166,890 135,954 6 91,374 60,729 7 43,949 0 8 81,544 50,211 9 89,030 48,153 10 94,972 45,844 11 74, 952 30,594 12 42,339 6,863 13 31,656 0 Total 1,106,962 612,510 Notes: 1. Refer to Engineering Documents for legal boundaries. 2. N.A.O.S. revegetation is Location Map not proposed. I ur.>i L� wre SCALE: e nav2 Scottsdale Mtn. - Parcel A NAOS Plan N o1e ea vvbmne.yon Scottsdale, Arizona PWR Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 11/06/03 Contact Person: Denise Lacey, Planner Requesting Action:,® TVAe of Document Needing_ Approval (Check all that anpl ® Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:[] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda wording: PUBLIC HEARING to receive comments on a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC" Zoning District located on El Lago Blvd., east of Saguaro Blvd. Aka Parcel 12, Lot 2; Case #SU2003-07. CONSIDERATION of a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC' Zoning District located on El Lago Blvd., east of Saguaro Blvd. aka Parcel 12, Lot 2; Case #SU2003-07 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request for approval of a Special Use Permit to allow a residential condominium project to be located within the TCC zoning district. The proposed project includes 17 two -bedroom units, a pool area and clubhouse. The zoning ordinance allows Multi- family residential dwellings within the TCC zoning district by Special Use Permit. This use must meet the regulations set forth in the M-3 zoning district unless those regulations differ from the regulations contained in the TCC district in which case the TCC regulations shall apply. List AllAttachments as Follows: Staff report, application, narrative, site plan (4) Type(s) of Presentation: Powerpoint Signatures of Submitting, Staff: IILI,�d Depar ment Head V . Q To n M age / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT STAFF REPORT TO: Mayor and Town Council DT: November 6, 2003 FR: Denise Lacey, Planner RE: Fountain Mist Villas Condominiums Special Use Permit. Case #SU2003-07 This request is for approval of a Special Use Permit to allow residential use in the TCC zoning district. APPLICANT: Dave Vidalin OWNER: Dave Vidalin EXISTING ZONING: "TCC' EXISTING CONDITION: Vacant Commercial SURROUNDING LAND USES AND ZONING: NORTH: Mixed retail; zoned "TCC' SOUTH: Commercial Vacant; zoned "TCC' EAST: Multi -Family Residential; zoned "TCC' WEST: Vacant Commercial; zoned "TCC' SUMMARY: This is a request for approval of a Special Use Permit to allow a residential condominium project to be located within the TCC zoning district. The proposed project includes 17 two -bedroom units, a pool area and clubhouse. Proposed density is one dwelling unit per 6,369 square feet of land. Allowed density is one dwelling unit per 3,630 square feet of land. Two car garages and five (5) guest parking spaces accommodate parking. Dumpsters accommodate trash. Access to this site is provided from El Lago Boulevard. An additional emergency access is provided to El Lago Boulevard. EVALUATION: The zoning ordinance allows Multi -family residential dwellings within the TCC zoning district by Special Use Permit. This use must meet the regulations set forth in the M-3 zoning district unless those regulations differ from the regulations contained in the TCC district in which case the TCC regulations shall apply. Fountain Mist Villas Special Use Permit Case Number SU2003-07 The General Plan states "The development of Multi-Family/High Density Residential will be particularly encouraged in the Town Center area between existing residential and commercial areas or as buffers to lower density residential area located along arterial roadways, or adjacent to commercial areas." The Planning & Zoning Commission reviewed this application at their October 23, 2003 meeting and recommended approval with the stipulations as outlined in the staff report by unanimous vote. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of Case #SU2003-07 a Special Use Permit "to allow residential use in the TCC zoning district" on Lot 2, Parce112 with the following stipulations: ➢ Turn arounds are required at the two south dead ends for emergency vehicles. ➢ Additional fire hydrant required on site. ➢ Provide clarification of basin 1 and basin 2 areas. ➢ Show high point/grade breaks. ➢ Provide the Arizona Department of Water Resources State Standard 5-96 computation to establish minimum building location distance from the wash bank. Page 2 of 2 The Town of Fountain ' Hills PSA I COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills I ras Ma al Use Only Arizona Case Manager: Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: PROJECT NAME APPLICATION'' _ Preliminary Plat —Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandnnrn.,t. Mrs. Applicant: Mr. Day Phone `LIL / o -g 3 ?8 Ms. Address: 6604`0�' City: State: -& Zip: a5j _ Mrs. Owner: Mr. Day Phone - Sio 633,E Ms. Address: City: 16� ti State: Zip: gL'&I'� d' Pt hecamp/eted. non is being submitted by someone other than the owner of b* property under consideration the ' be section be%w SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE y C, .L Please Pnnt TO FILE THIS APPLICATION. Subscribed and sworn before me this /o - - day of s lla 20 t `�• mi st Not My Co ublic m s pn Expires, i FILING DATE; FEE PAID; ,%. Application Poge 2 of 7 ACCEPTED BY: (See Fee Schedule) Case Number Town of Fountain Hills AL DESCRIPTION P61 r e I �-- Plat Name tOPERTY AD 2— Block Lot 'ARCEL SIZE (Acres) / ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED / % TRACTS EXISTING ZONING: � C C PROPOSED ZONING Application Page 3 of i Case Number FOUNTAIN MIST Fountain Mist is a townhome project planed for Lot 2, Parcel 12 of the Town Center of Fountain Hills. The site is 108,275 square feet, or 2.48 acres. The project includes seventeen townhomes. Each townhome is a two story unit with two bedrooms and a den, and each includes a two car garage. The project also includes a community pool with a cabana building; the pool and cabana building will be adjacent to a central landscaped commons. The townhomes will be sold (this is not a rental project). Following is a summary of the living unit and parking information: Total Living Units: 17 Unit A: 16 Units Enclosed Living Area: 1,897 square feet. Two bedrooms plus den. Two car garage. Unit B: 1 Unit Enclosed Living Area: 2,008 square feet. Two bedrooms plus den. Two car garage. Pool Cabana Building: 1 building Enclosed area: 720 square feet. Parking Required: 17 living units x 2.25 / unit = 38.25: 39 spaces. Parking Provided: Garage spaces: 34 spaces. Surface parking: 5 spaces. Parking in front of garages: 25 spaces. Total parking provided: 64 spaces. Additional information is provided about the site on the site plans prepared by HTPO Engineers, and on the building plans prepared by Dohrmann Architects Inc. TOWN OF FOUNTAIN HILUI AUG 1 8 2003 lu . j t Ili yyl� •� ,tt�jj�ii! 'e� DLD �� t ��•�e4�i�7#�7 R'� •�n!# # •jj// l!jjjj�999��iiiilAA�� i e � � fie! rr_ri.. AORN $ ig�� \ a ;;V1 a dc ON �i 18, w z Oob IRE w •,l .00 0 M�Lt;*xos r Sd a a �i E y ♦ J� dg ilk ONl'Sl03ilHO8V NNVWdHOG 0! zi mf e, z fk LLI cn co F-: 77P 1 -Buse" ves"We":XV.1 -,Nu 89 9 CuDzLrY TWH U!@IunO:i aAu" 06" S-3VYOHN MOI Z 10113 L 130ldVd '3NI'SIO3.UHOU'V NNVNUHOC3:: lill-� !I a D lum Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:❑ Regular:® Meeting Date: 11/06/03 Contact Person: Denise Lacey, Planner Requesting Action:® Tvae of Document Needing Anuroval,(Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Discussion Item. Council Prioritv (Check Anprooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: DISCUSSION with possible direction to staff to reduce the PERMIT FEES for grand opening and ribbon cutting banners Staff Recommendation: Disapprove Fiscal Impact: Yes $300.00 Purpose of Item and Background Information: Councilman Kavanagh, Mayor Nichols and Councilwoman Nicola requested this agenda item. The attached memo outlines the process for grand opening signs and provides information on cost and requirements of other municipalities. List All Attachments as Follows: Staff Report Type(s) of Presentation: Oral Signatures of Submitting Staff: //; �� " 4 /' / D partment Head ZI-- I �" Z3/ 0 3 Tow anager Budget Review (if item not budgeted or exceeds budget amount) `W TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT MEMO TO: Mayor and Council Members DT: November 6, 2003 FR: Denise Lacey, Planner RE: PERMIT FEES for grand opening and ribbon Through Tom Ward, Public Works r r & cutting banners Tim Pickering, Town Manager In 1994 the Town of Fountain Hills adopted Ordinance 94-20, which established development fees to include Grand Opening Sign Permits at $25.00. In 1998 the Town adopted Ordinance 98-28 amending development fees; however, Grand Opening Sign Permits remained at $25.00. Currently the procedure for a Grand Opening/Banner Permit is as follows: ✓ Application and fees submitted to Town. ✓ Staff research to determine if permit has been previously issued. ✓ Staff review to determine conformance with size and placement requirements. ✓ Issuance of permit. ✓ Staff entry into Grand Opening database. After permit is issued staff tracks display time to ensure that the banner is displayed in the manner stated on the permit. If the permit is displayed incorrectly or longer than the permit indicates, staff requests that a Code Enforcement Officer visit the business and ask that corrections be made. Per our ordinance the cost of a sign permit is as follows: Type of Sign Plan Review Fee Permit Fee Total Permit Cost Grand Opening/Banner Permit $25.00 flat fee Signs under 32 sq. ft $32.50 $50.00 $82.50 Signs over 32 sq. ft. $65.00 $100.00 $165.00 Staff contacted other municipalities within the Phoenix Metropolitan area to inquire as to the requirements of and cost for a banner permit. Below is the information gathered. Municipality Permit Required? Fee Mesa Yes $57.75 Tempe Yes $25.00 Gilbert Yes $25.00 - $50.00 Scottsdale Yes $150.00- $160.00 Staff Recommendation: Based upon the information presented, staff requests that the Grand Opening/Banner Permit fee of I�Mw $25.00 remain. This cost was determined and set by Council in 1994 and 1998. The fee is in line or lower than other municipalities in our area and assists in covering the cost of administration/enforcement of these permits. The present cost to process this permit is $35.00, based on all staff time necessary. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 11/6/03 Contact Person: Tim Pickering Requesting Action:® Tvne of Document Needine Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: PRESENTATION Council Prioritv (Check ADDTODriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: PRESENTATION of CIVIC CENTER - PHASE II research, with possible approval of an agreement for pre -design services. Staff R&6nnnendatibn Approve Fiscal Impact: Yes $19,880.00 Purpose of Item and Background Information: Town Manager Pickering will update the Council on the status of the Town buildings' lease and discuss the proposed civic center phase II pre -design bid package. List All Attachments as Follows: Powerpoint presentation, memorandum from Facilities Operations Supervisor, professional services agreement Type(s) of Presentation: powerpoint Signatures of Submitting Staff: Department Head 6 -3 •D� Town 45nar / besignee Budget Review (if item not budgeted or exceeds budget amount) eAagenda cover sheet\agenda cover sheet masterdoc.doc Town Buildings Lease — Update to Where We Stand and What to Do Tim Pickering, Town Manager, CM, CEcD Goals and Objectives ■ Cut cost and develop a long term home. ■ Conduct Town business in most prudent and effective manner. ■ Look for cost savings wherever possible without impacting Town services. ■ We need less space. Shouldn't pay for space we don't need. Situation ■ Draft lease not signed. ■ Month to month which puts Town services at risk. ■ Draft lease ends in 20 months. ■ $600,000 annually to occupy three buildings of 42,0 square feet in $401,520 for lease; ■ $100,000 in taxes; and ■ $95,000 in landscaping/utilities. ■ Given landlord notice to vacate building C in July 2004. mmam A 'i 97 How Did We Get Here? ■ The Town and the landlord working on lease for three years but have been unsuccessful. ■ Original assumption of needing 42,000 IF sq. ft. is no longer valid. ■ Space needs now equal 25,000 to 30,000 sq. ft. depending on what services occupy the building. D.1 M 30/31/Nrl mmary (in otions 1st 5tn year 301h year Own Year Cumulative Cumulative Asset Do Nothing $0.6 $3.0 $33.4 No urchase $6.1 $6.5 $15.0 Yes existing -$3.5M remodel - $2.5M landscp/utl-.095M Lease another $0.3 $1.8 $18.2 No Construct New $3.3 — $3.3 — $3.3— Yes Building $4.8 $4.8 $4.8 ` Repairs and maintenance same for all scenarios ior33rzaa3 How to pay? - Funding Recommendation ■ Pay as you go. Done over 2 — 3 fiscal years. ■ Use what we have. Five year financial plan has taught us project can be paid for with: EF ■ existing general fund; ■ new revenue enhancements; and ■ development fees. onnrr rni3rizoo3 Town Hall Lease - Where We Stand and What to Do 1 Other Revenue Sources :6■ Sell excess land or buildings — appraisal required and > .5M = vote. ■ Grants — seniors will be applying. ■ Proposition 202 funds. iJ-1 mp MILXWO a I Recommenda Ion ■ Makes financial sense to BUILD r We save our current $600,000 :6lease/tax/landscaping/utl. cost each year. ■ Save almost $30M over 30 years. Cost recovered < 6 years. ■ We own the land, planned since '95. ■ More efficient as we occupy only the space we need and consolidates operations. ■ Long term solution as building used for decades. ■ Our current tenuous situationn� is solved. DWFf F.-_ 10/31/1➢03 This is nothira new Initial Space Re uirements �, �h le'Tnu n.IJninu rntirn Planning&]oniny Parka anJ Nriren(iun ' I�,hlic II urkr lLh7ic.kJi ly 5 fnurla 1( 1� �o�3,aoa3 � 3 ML ii Next Step ■ Design -Build process is best method. 19 months until occupancy in May, 2005. ■ Selecting architect and contractor team, construction and occupy is a 18-24 month process. ■ We need help to get building done on time. Next step is to hire pre -design services firm. D— 30i31Po03 Town Hall Lease - Where We Stand and What to Do 2 Recommendation to hireNP pre-design services firm ■ Develop present and future space needs ■ Site analysis and floor layout ■ Site block diagram ■ Present to Council ■ Develop Request For Qualifications (RFQ) I ■ Interview/recommend design -build team 4■ Pre -design phase complete by Feb. 04 ■ Possibly hire pre -design firm as project manager ■ Pre -design firm restricted from bidding on construction 1 10/W1 4 Pre -design services proposals received ■ Kitchell CEM - $19,880, 197 hrs ■ Pinnacle One - $21,420, 219 hrs ■ Aversa - $24,354, 252 hrs ■ Breckenridge Group - $24,800, pggt-, 10/31/2003 Recommendation: Kitchell, CEM ■ Most thorough ■ Detailed scope of service and schedule ■ Realistic cost and time estimates ■ Experienced firm PROCESS ■Filialize:ffnancinge i1� tt �' DarterE6 � ■ ire design -build team esign� a nstruct Upy [Nay ^ SUMMARY ■ Building a new building makes financial sense. ■ Save almost $30M over a 30 year period. That's $11M a year. Building cost would be recovered in < 6 years. ■ Shouldn't continue to pour money into unneeded space we do not own. ■ Site is already owned and purchased for this intention. ■ Hire Kitchell @ $19,880 to assist in pre -design phase to begin project. $25 000 was budgeted. DRNFSO/31/2003 Town Hall Lease - Where We Stand and What to Do 3 TOWN OF FOUNTAIN HILLS OFFICE OF FACILITIES OPERATIONS SUPERVISOR INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: 10/21/2003 FR: Don Thumith, Facilities Operations Supervisor RE: Civic Center Phase 11 Pre -Design Bid Selection The following is a brief description of the services and proposal prices of the four firms competing to provide the Town with Pre -Design work for the Civic Center Phase 11 Project. RECOMMENDATION Staff recommends the Pre -Design Phase for the Civic Center Phase 11 Project contract be awarded to Kitchell CEM. The interview process, experience, content and scope of service along with more realistic cost factors sets this company apart from the others. NEED FOR SERVICE Pre -design will bring to the Town a professional approach to the planning, preparation, and documents required to proceed with the construction of a new facility. The planning phase will assist all departments prepare for their present and future needs, bringing to us a layout plan to review before architectural services are commissioned. Review of preliminary plans and budgetary considerations will be discussed and changes made that will meet the project goals. A presentation will then be done to the Council for approval of the program. Upon approval of the program, budget and schedule the firm will develop the requirements for the request for qualifications (RFQ's) for a design build -team to be issued under the regulations described in ARS Title 34 for a single step selection process. The RFQ's will then be presented to the Council for approval, once approved the pre -design firm will assist in the selection process for a design -build team. This process is, and will be, a time compressed program to get us to the construction phase. Although there may be staff capable of performing the tasks involved in a project of this magnitude there is just not enough time available in terms of the daily routine and duties of the remaining staff. It just makes sense to outsource to a firm with the expertise and resources to complete this pre -design phase in a timely manner. Recognizing the need to outsource for a professional project management team, Manager/Staff invited four firms to visit the site and meet with Manager/Staff to listen to and discuss our needs and goals. (1) PROFESSIONAL SERVICES AGREEMENT ,., BETWEEN THE TOWN OF FOUNTAIN HILLS AND KITCHELL/CEM THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made November 6, 2003 by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and KITCHELL/CEM, Inc., an Arizona corporation (the "Project Manager") for services in connection with the Civic Center Phase II Project hereinafter defined. RECITALS: A. The Town has begun the process for design and construction of a new Town Hall on real property owned by the Town at the southeast corner of Avenue of the Fountains and La Montana Boulevard in Fountain Hills, Arizona (the "Civic Center Phase II Project"). B. The Town Council has determined that it is in the best interests of the citizens of Fountain Hills to proceed with design and construction of the Town Hall pursuant to the design - build method authorized under state law. C. The Town Council has determined that the Town does not have sufficient personnel to commit to (i) conduct the detailed space programming process required to prepare the documents necessary to establish the program parameters to be distributed in a Request for Qualifications (the "RFQ"), (ii) prepare and distribute the RFQ to the widest possible audience of design and construction professionals and (iii) review the responses to the RFQ, prepare a short-list of design -build firms to be interviewed and conduct such interviews. D. The Town Council has determined that the Project Manager possesses the required level of skill and experience to ensure that the Town's interests are fully represented in design -build selection process. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the conditions and covenants set forth below, the Town and the Project Manager hereby agree as follows: 1. Project Manager's Services. The Project Manager hereby covenants with the Town to furnish its best skill and judgment in furthering the interests of the Town with respect to the Civic Center Phase II Project. The Project Manager agrees to furnish efficient business administration and oversight and to use its best efforts to complete the tasks required pursuant to this Agreement in the best and most expeditious and economical manner consistent with the interests and goals of the Town. The Project Manager will act as the principal agent for the Town in all matters relating to the Civic Center Phase II Project that are (i) within its area of expertise and (ii) delegated to it as set forth in this Agreement, in accordance with the Project �*. Manager's CEM Proposal to be of Service During the Pre -Design Phase of the Town of Fountain 9196,022.01\Kitchell Pre-Design.Agt.v l.doc 10-28-03-1 Hills Project, dated September 24, 2003 (the "Proposal") attached hereto and incorporated herein I%W by reference. The tasks set forth in the Proposal, as carried out in accordance with the standards set forth in this Agreement, are referred to herein as the "Services." 2. Town's Responsibilities. 2.1 Town Requirements and Specifications. The Town shall provide, at no cost to the Project Manager, all copies of drawings, specifications and site data reasonably necessary for the execution of the Services. 2.2 Payment to the Project Manager. The Town shall pay the Project Manager, as compensation for the Services, the Project Manager's fee as set forth in the Proposal. The following are included within the Project Manager's fee: a. Salaries or other compensation of the Project Manager's employees. b. The Project Manager's general operating expenses, including (i) the costs of purchase or rental of any materials, supplies or equipment and the transportation, storage and maintenance thereof and (ii) the cost of operating and maintaining any vehicles necessary to performance of the Services. C. Any part of the Project Manager's capital expenses, including interest on the Project Manager's capital employed for the Services. d. Any other expenses commonly incurred by the Project Manager in performance of its duties. 3. Payment Method. The Project Manager shall submit an invoice schedule based on the Proposal in a format acceptable to Town. Expenses shall be included in the lump sum fee as set forth above and shall be included in the invoice schedule. Payment shall be made no later than 30 days from the date the Town receives and approves any such invoice. Should any invoice be in dispute, only that portion of the invoice in dispute may be held in abeyance until resolved. The Project Manager may suspend or terminate services as set forth below for the nonpayment of appropriate invoices. 4. Indemnity. To the fullest extent permitted by law, the Project Manager shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Project Manager, its employees, agents, or any tier of the Project Manager's subcontractors in the performance of this Agreement. The Project Manager's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of 9196.022.0 1 \Kitchell Pre-Design.Agt.O.doc 11-11-03-1 2 property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, ,., omissions, work or services in the performance of this Agreement of any employee of the Project Manager or any tier of the Project Manager's subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services the Project Manager may be legally liable. 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 Article 4. 5. Insurance. 5.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of the Project Manager, the Project Manager shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona 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 the Project Manager. 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 the Project Manager 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 and self -insured retention or deductible portions, 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. Covera eg 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. The Project Manager'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 9196.022.01\Kitchell Pre-Design.Agt.O.doc 11-11-03-1 3 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, 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 the Project Manager. The Project Manager 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. The Project Manager shall be solely responsible for any such deductible or self -insured retention amount. i. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the Project Manager shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and the Project Manager. The Project Manager shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Agreement, the Project Manager shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by the Project Manager's 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. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance 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. Such certificates shall identify the contract work number and be sent to the Town Engineer. If any of the above -cited policies expire during the life of this Agreement, it shall be the Project Manager's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: 9196.022.01\Kitchell Pre-Design.Agt.v3.doc 11-11-03-1 (a) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. 2 (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance. (2) The Project Manager's insurance shall be primary insurance as respects performance of the Agreement. (3) All policies, 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 the Project Manager under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form 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. 5.2 Required Insurance Coverage. a. Commercial General Liability. The Project Manager shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $2,000,000 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Project Manager engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Project Manager shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Project Manager, or anyone employed by the Project Manager, or anyone for whose negligent acts, mistakes, errors and omissions the Project Manager is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims. In the event the 9196.022.01\Kitchell Pre-Design.Agt.v3.doc 11-11-03-1 5 Professional Liability insurance policy is written on a "claims made" basis, coverage shall extend for three years past completion and acceptance of the Services, and the Project Manager shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. C. Vehicle Liability. The Project Manager shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Project Manager's owned, hired and non -owned vehicles assigned to or used in the performance of the Project Manager'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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. d. Workers' Compensation Insurance. The Project Manager shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of the Project Manager'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. 6. Term, Termination. 6.1 Term. The term of this Agreement will be for one year, commencing on the date first set forth above and continuing for a period of one year thereafter, unless sooner terminated pursuant to this Section. 6.2 Termination. a. For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause by the Town 60 days after receipt by the Project Manager of written notice by Town. Upon termination for convenience, the Project Manager shall be paid for all undisputed services performed to the termination date. b. For Cause. This Agreement may be terminated by either party upon 30 days' written notice should the other party fail substantially to perform in accordance with this Agreement's terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Project Manager for the undisputed portion of its fee due as of the termination date. 9196.022.01\Kitchell Pre-Design.AgtA.doc 11-11-03-1 on C. Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to the Project Manager in the event that the Civic Center Phase II Project is permanently abandoned or funds are withdrawn or become unavailable. In the event of such termination due to work stoppage, payment shall be made by the Town to the Project Manager for the undisputed portion of its fee due as of the termination date. 7. 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 (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85269 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGuIRE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Project Manager: KitchelUCEM 1707 E. Highland, Suite 280 Phoenix, AZ 85016 Facsimile: 602-285-1210 Attn: Don Puddy, Vice -President 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 Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) 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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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. 9196.022.01\Kitchell Pre-Design.Agt.v3.doc 11-11-03-1 7 8. Miscellaneous Provisions. 8.1 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. 8.2 Laws and Regulations. This Agreement shall be governed by the laws of the State of Arizona. The Project Manager 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 Project Manager is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the performance of the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration standards. 8.3 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. 8.4 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 the Agreement which may remain in effect without the invalid provision or application. 8.5 Relationship of the Parties. 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 Project Manager is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Project Manager should make arrangements to directly pay such expenses, if any. 8.6 Interpretation• Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter. 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. 8.7 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 9196.022.01\Kitchell Pre-Design.Agt.O.doc 11-11-03-1 8 exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or �ow the Town's acceptance of and payment for the Services, shall not release the Project Manager 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. 8.8 Cancellation. This Agreement may be cancelled by the Town pursuant to ARIz. REv. STAT. § 38-511. IN WITNESS WHEREOF this Agreement was executed on the day and year first written above. "Town" TOWN OF FOUNTAIN municipal corporation W. J. NicVls, Mayor ATTEST: Z16��b Z1,1.7 Bevelyn J. Bend , To Clerk 9196.022.01\Kitchell Pre-Dcsign.Agt.v3.d0c 11-11-03-1 "Program Manager" an Arizona KITCHELL/CEM, Inc., an Arizona corporation 6 By: Gre ory V.D nk, President/CEO (ACKNOWLEDGEMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on /0 2003, by W. J. Nichols, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. OFFICIAL SEAL BEVELYN J. BENDER Nolary Public - State of Arizona MARICOPA COUNTY My comm, expires Aug. 28. 2007 My Commission Expires: 9-a8'-07 STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) i—/-"& /"-,& 1%tl. This instrument was acknowledged before me on tic%,sa . \c) 2003, by Gregory P. Denk, President/CEO of Kitchell/CEM, Inc., an Arizona corporation, on behalf of the corporation. My Commission Expires: 9196.022.01\Kitchell Pre-Design.Agt.vMcic 11-11-03-1 10 Notary Public in and foiltate of Arizona OMCIAL SEAL ROSALIND J. FASSETT Notary Pudic - State of Arizona MARICOPA COUNTY Nay Comm. Expires April 29. 2004 EXHIBIT A PROJECT MANAGER'S PROPOSAL 9196.022.01\Kitchell Pre-Design.Agt.v3.doc 11-11-03-1 11 September 24, 2003 Mr. Tim Pickering; CecD Town Manager Town of Fountain Hills 16836 E Palisades Blvd PO Box 17958 Fountain Hills, AZ 85269 Re: Kitchell CEM proposal to be of service during the Pre -Design Phase of the Town Fountain Hills Town Hall Project Dear Mr. Pickering, Thank you for the opportunity to discuss our proposal. Only once in our lifetimes will Fountain Hills be undertaking a project of this significance. The product must be a building of lasting image and functionality. It is critical to select a Design -Build Team that shares your vision and possesses the skill sets to make it happen for you "on time" and "on budget". Kitchell CEM will assist you in assuring that you make the right choice. If Kitchell CEM is selected to assist you in the Pre -Design Phase, we will not be part of any future Design -Build Team as the architect, the contractor or a consultant for this project. We will provide you with unbiased data on which you may make correct decisions. Kitchell CEM represents only your interests. Kitchell CEM proposes to assist you, Don Thumith and the Town of Fountain Hills during the Pre -Design Phase for the sum of $19,880.00 (Nineteen thousand eight hundred eighty dollars. This amount includes the workhours shown as well as ordinary travel expenses and supplies We considered the impact of the holiday seasons and the Town Council meeting schedule so that you may solicit Qualifications of Design -Build Teams early in January. Kitchell CEM has a well qualified staff for this style project. Matt Chappel is our proposed Project Engineer, responsible for coordination and communication. Ed Long, Registered Architect, will provide the technical analysis and programming expertise. Charles Davis, AIA will provide overall supervision. Resumes for each of these are attached. The proposed scope of work is intended to provide enough information and counsel to the Town of Fountain Hills so that a Design -Build Team can be selected to design and construct a new approximately 25,000 SF Municipal Building on an existing site served by adequate utilities. Kitchell CEM has confirmed that, with strict cost and schedule controls, the construction cost should be in the range of $2,800,000 to $3,300,000 including modest FF&E, and that the required occupancy date for the new building of July 1, 2005 can be met. The work scope is outlined in the attached schedule/responsibility matrix and the staff - hour chart. This Proposal covers only Pre -Design Phase activities. The Pre -Design Phase is divided into three segments: The Program Document (Tasks 1 through 11), The RFQ Document (Tasks 12 through 17) and the Review of RFQ Submissions (Tasks 18 through 21). We understand that a preliminary space list has been developed which includes current and future needs as well as ancillary spaces such as mechanical rooms and toilet facilities. We understand that a site has been selected which has adequate utilities within twenty feet of the proposed building location. Our first tasks (1,2 and 3) will be centered on confirmation of this existing data with Mr. Pickering and Mr. Thumith, as well as appropriate Department Heads. We will prepare a confirmed space program for your approval. In Task 4, we will analyze the program with respect to net/gross factors and provide a final proposed square footage for the project. Tasks 5, 6 and 7 will consist of using the approved space program to create adjacency diagrams showing relationships between departments and levels of the building, scale blocks showing the floor layouts and site block diagrams showing the relation of building to site and site amenities and circulation. All these data will be reviewed with appropriate Town Staff and adjusted for approvals as required during Tasks 8 and 9. Drawings and written material will be formatted 11" x 17" for ease of handling. Task 10 will consist of a high level meeting to discuss and resolve any special requirements that could affect budget or schedule. Any approved adjustments to budget or schedule will be incorporated into the space program and block diagrams as required. Kitchell CEM will assist Mr. Pickering and Mr. Thumith with their presentation to the Town Council during Task 11. Tasks 12 and 13. Subsequent to Town Council approval of the program, budget and schedule, we will assist in developing the requirements for the RFQ for a Design -Build Team to be issued under the regulations described in ARS Title 34 for a single step selection process. Kitchell CEM will obtain Town front-end documents and integrate input from the Town Attorney. Tasks 14 and 15 will contain our efforts in discussing potential contract requirements as they might affect the RFQ. Kitchell will assist the Town in preparing and assembling the RFQ document. Kitchell CEM will assist Mr. Pickering and Mr. Thumith in presenting the RFQ for Town Council approval in Task 16. Task 17. Kitchell CEM will assist the Town in issuing the RFQ according to the regulations of ARS Title 34 and the Town of Fountain Hills. Once the qualifications packages have been received by the Town, Kitchell CEM will assist in the review of the packages (Task 18) and attend a meeting for the purpose of cutting a short list of three to four teams to be interviewed (Task 19). Kitchell will be available to attend the interviews, assist in discussions following the interviews (Task 20) and assist in preparation of the award letter (Task 21). Again, we look forward to the possibility of assisting you and the Town of Fountain Hills with this exciting project. If you have any additional questions, please feel free to contact me or me. Thank you. Sincerely, J. Charles Davis, AIA Senior Project Manager Matt Chappell Project Engineer Education B.S., Civil Engineering, University of Nebraska Experience Summary Mr. Chappell has more than six years experience in construction management. His experience includes project administration, agency/ contractor coordination, scheduling and project budgets. Selected Project Experience Arizona School Facilities Board - Project Management Services, Various Locations in Arizona: Project Engineer for the statewide program to correct deficiencies in K-12 schools. The program included 26 districts and 125 schools, for which Kitchell worked on projects totaling $128 million in construction costs. The projects are located on the northeast to the southeast part of the state bordering Utah, Colorado, Nevada, and New Mexico, with the vast majority of districts residing in the Navajo Nation. The work has been contracted out to six architectural firms and five Construction Manager at risk firms. City of Phoenix, 800 MHz Trunked Radio Replacement Project, Phoenix, AZ: Project Engineer for this citywide radio and communication network of 28 sites. The City has entered into a design -build contract with Motorola, and we are currently providing construction administration and inspection services. Metromedia Fiber Network, Hayward, CA; Las Vegas, NV, and La Mirada, CA: Project Engineer responsible for over 250 miles of network during construction; negotiated City agreements, approvals, and construction permits; managed construction schedules and field coordinators, designed network changes to maximize future capacity at minimal cost, ordered equipment and oversaw delivery schedule. MFS Network Technologies, Inc., Hayward, CA: Project Engineer responsible for over 60 miles of network construction, oversaw installation and splicing of OSP infrastructure and ISP equipment, obtained City approvals and construction permits, drafted redlines and splice documentation, and created turnover packages for entire project. MFS Network Technologies, Inc., Hanover, MD: Project Engineer responsible for overseeing all fiber optic cable installation on WorldCom's Baltimore/Washington D.0 project. Great Plains Testing Laboratories, Omaha, NE: Laboratory Technician responsible for collecting and testing samples of concrete, asphalt, soil, aggregate, and leachate, assayed project materials, met City specifications, compiled and reported test results. Public Works Department, Omaha, NE: Trainee Worker -Public Works Maintenance responsible for monitoring projects contracted by the City of Omaha. C KITCHELL Ed Long, RA, LEED Architect Education Bachelor of Architecture, California Polytechnic University Experience Summary Mr. Long has 33 years experience in the construction industry, and has been a licensed architect for the past 25 years. Ed is an accredited LEED professional and ensures that sustainability and green building components are included in the design documents. He has developed simple checklists to ensure that buildings meet or exceed green building rating system when required by an owner. Ed had his own architectural firm for more than 15 years and provided full architectural services throughout Northern California. His work encompasses a wide variety of building types including medical, educational, religious, governmental, industrial, and commercial facilities. Selected Project Experience California Department of Corrections, New Prison Construction Program, Sacramento, CA, Architectural Design Reviewer, for the largest prison program ever funded by the State of California. This $5.5 billion program encompasses 24 sites, 100,000 beds, and 400 bid packages. Des Moines Public Schools - "Schools First" Program, Des Moines, IA, Architectural Review, for this 10-year, 66-school modernization program totaling $325 million in construction. Livermore -Pleasanton Fire Station #4 VIE, Pleasanton, CA, Registered Architect for the value engineering analysis of this two-story, 20,682-sf fire station incorporating administrative space, an apparatus bay and 50 parking spaces. Responsibilities included code compliance reviews. Marin County Civic Center Hall of Justice Seismic Retrofit, San Rafael, CA, Registered Architect providing code compliance reviews, constructibility and peer reviews and value engineering for the $21 million seismic retrofit of this facility designed by Frank Lloyd Wright and connected by tunnel access to the Marin County Jail. Merced County Juvenile Justice Correctional Complex, El Hido, CA: Registered Architect for this 58,000 sf, $17.5 million, 1200-bed juvenile facility with related classrooms, intake area, program area, food prep, dining an laundry facilities, indoor/outdoor exercise space, a courtroom, offices, and expansion of a wastewater treatment plant to be shared with the adult jail. Solano County PM/CM and AJE Term Contract 2000, Fairfield, CA Architect, for this all-inclusive, broad -based contract to provide.project and construction management services with ancillary access to architectural and engineering services on an as -needed basis. C I KITCNI1 LL J. Charles Davis, AIA Senior Project Manager Education M.B.A., University of Houston; Bachelor of Architecture, Rensselaer Polytechnic Institute; B.S. Architecture, Rensselaer Polytechnic institute Experience Summary Mr. Davis has over 35 years experience in the design and construction industry as architect, project manager and at the executive level for government installations and large architectural and engineering firms. His demonstrated management and leadership ability on over a dozen design/ build projects, major government installations, and complex institutional undertakings is an asset to any project. He creates and expedites solutions and methodologies critical to the successful implementation of project goals. Provides overview and counsel as well as quality control for project staff to manage the minute details of multiple design and construction projects simultaneously. He knows how to deal effectively with architects and engineers as well as the contracting entity. Selected Project Experience Sandia National Laboratories, Radiation Hardened Integrated Circuits Facility, Albuquerque, NM. Project Director for a 180,000 SF/ $26 million research and development laboratory including 13,000 SF of Class 10 or better clean room. Stanford University, Advanced Materials Research Facility, Stanford, CA. Project Director for this 180,000 SF facility, including wet and dry labs, clean rooms, administrative areas and toxic materials handling systems. Abbott Laboratories, Ross Laboratories Division, Medical Nutritionals Processing Plant, Casa Grande, AZ. Project Director for this 500,000 SF/$29 million manufacturing, administrative and distribution center. Ameri + Med Urgent Care Clinic, Puerto Vallarta, Jai, Mexico. Principal Architect for this /6,500 SF boutique hospital including full radiology, CAT and pharmacy. City of Houston, West End Health Center, Houston, TX. Project Manager for this "shopping center' for public health care including speech, hearing and dental diagnostics as well as emergency care and exam rooms. Mayo Clinic Scottsdale, Family Medicine Clinic, Scottsdale, AZ. Principal- Manager/16,500 SF/$1.7 million for this prototype satellite clinic for primary care. St. Joseph's Hospital and Medical Center, Campus Interiors and Graphics Master Plan, Phoenix, AZ. Principal -in -Charge for this 2,000,000 SF, $8mil open-ended interior design projects including wayfinding, signage and artwork services. St. Joseph's Hospital and Medical Center, Learning Resource Center, Phoenix, AZ. Principal -in -Charge of this 54,000 SF, $10.5 million state-of-the-art medical research library for education and research. U.S. Department of Defense, Bachelor Enlisted Dining Facility, U.S. Air Force, Kelly AFB, TX. Served as Project Manager. University of California, San Diego Medical Center, Ambulatory Services Facility, San Diego, CA. Principal -in -Charge of this 120,000 GSF, $21 million project. Valley Lutheran Hospital, Campus Master Plan/Additions and Alterations, Mesa, AZ. MP services for new construction utilities and major renovation. Principal- C KITCHELL IE:fKETCNELL PRE-DESIGU RESPONSIBILITY LEGEND 1 = Primary Responsibility 0 0 c m 2 = Secondary (Assist, Compile) o K o c c — m 3 = Tertiary (Review, Recommend, Approve) `—_' o PHASE Program Document x o CD m m __4 m m � m v S. m Cn 9 3 Duration (Days) Start Finish NOV 1 Meet with owner to establish basic requirements 1 1 2 1 2 0.5 11/7/2003 11/7/2003 2 Meet with Department Heads to establish functional needs 2 1 3 1 0.5 11/7/2003 11/8/2003 3 Establish staffing needs (present &future) 3 3 3 1 4 11/8/2003 11/12/2003 4 Develop functional net/gross area analysis 3 3 3 1 14 11/12/2003 11/26/2003 5 Establish adjacency/bubble diagrams 3 3 1 11 1 7 11/26/2003 12/3/2003 6 Develop draft block floor layout 3 3 1 1 5 12/3/2003 12/8/2003 7 Develop draft site block diagram 3 3 1 1 5 12/3/2003 12/8/2003 8 Review meeting with Owner for comments 2 2 1 2 1 12/8/2003 12/9/2003 9 Develop final block floor/site layout 3 3 1 4 12/9/2003 12/13/2003 10 Special requirements 3 3 3 2 1 3 12/13/2003 12/16/2003 11 Presentation to Town Council 3 1 2 3 2 2 1 12/16/2003 12/17/2003 Request For Qualifications Document 12 Develop RFQ technical requirements 3 3 3 11 2 12/17/2003 12/19/2003 13 Obtain Town front-end documents 2 3 1 1 12/19/2003 12/20/2003 14 Draft contract requirements 3 3 3 1 1 12/20/2003 12/21/2003 15 Assemble RFQ document 3 3 3 3 2 1 2 12/21/2003 12/23/2003 16 Town approval of RFQ document 3 1 3 3 2 14 12/23/2003 1/6/2004 17 Release RFQ to potential Design/Build teams 1 2 3 3 3 21 1/6/2004 1/27/2004 Review Submissions 18 Assist Review of Design/Build qualifications 3 11 11 2 5 1/27/2004 2/1/2004 19 Assist Meeting with selection team to determine short list 2 1 1 3 2 2 2/1/2004 2/3/2004 20 Assist Interview panel participation 2 1 1 3 2 3 2/3/2004 2/6/2004 21 Assist Acceptance letter 3 1 2 1 2 1 2/6/2004 2/7/2004 E CGN ` BUILD<PH S 1 Design 2 2 3 1 150 2/7/2004 7/6/2004 2 Construction 3 3 1 345 6/21/2004 6/1/2005 3 Occupancy 3 1 1 2 30 6/1/2005 7/1/2005 Town of Fountain Hills FEB N 2 c LL q-. 0 H m m ILL � ftS O H N'OD r a0' CID NIN IN N r N'OD r r r OIV co N PI 0) sJH lelol � N T poualo I laluop Alllenpj 1 I ao io ejad e 1 O PP � I � I i CalI (Odd)•b•d loallyoae pajalsl6ad, o (wei6oid)-V-H loellUoje paaalsiBeH i Ja6euew loafoad e1 � N 7 O x i W rn -0Ni IJ CI m' m• C E, m' m: cI OI 0 ml UI cn_ _� 0 �i'�i xs ccul E aci c JmI �I ,c c m y { mi- CI mcoy m'� �mlcy, E: E o E• �o, O, I {E,. .y o I O; �i C N1� c o I�{O, t �l �NlmUS.m>m `n m,'a; o psi _i (D I_ «' m. cQu) OI mo n• ci•�, i mig 'O Ei�j �I :1 �I-i C1�� O Oi U of �' aci, coi E Chi cai E,•p' E co m, { �� Oj-pI (0 m{ a) mi m'�Ic''' CI U �a c CCU OI U: o� Ui �I .rl 31 m'o rn l C HI o �: o c: C� Ojm m m,-0 yI�I _ m! m _C. m �I N' m aj EI a); ri o c: a c `-,wI mI21.- ml..� o m o' -, I of 7; mI d,, j u�,o, ai I..j DILL E+ 3I 3! 3, c I ca 0 ola'ml �i�, C ca m` ill I e, •C 'OI a� �j m c o.. 0 LL T1— cr c �I > oI a��:r,'z; >,oO' ani I:..i L.Lj� .. to lL n,. tn• n14� E Cti ECIS �jQ�Ciw_.� m N �,,.,I O� Ui�. 3 m I�i� m j U I In:� N 313 Q1 m m': �,m m'v� co o• j ;01013;0 >' >! >' j co°� m l w m d10 �;cIE Q'� > O' y. > dim'c°aiv) m 1 to y to i M i fn Niy,O m !o!a iY�t 1 fn cc M;w i j N� �� m!�n;mim;m�m�n o,w a! Lo1 o c: i W n ioic/Ta ' i �� I cr 0;0 0 I�:�IO� �i Ni N I iN ml �� , m U c rn A) a n U) m m '0 C c� N ca w O Z 0 c 3 0 H IU z U w 0 O z N N N N N N N N N ON N N N N N N N N N N N N N N C J _ y O W O Design / Build Team KCEM Technical Staff N N N N KCEMPM/PE N N N N (7 N Town Staff Facilities Director Town Manager Town Council m O C E 0 a� C C O E c O m E E EE E u Z w d °n m m o 5 u acres m m m Q E o - (7 0 E n ° m v 5 m o T _ po E E a ? m n J 2' o o v' ra a o m o = `0 ca`�i N = c O m� �c U l A S n o 3 O o a E E `° m c -� y J o m n ? - u E o E - m E c F �' c a o n w m ¢ c .mac-. ° c n d o O O u O Q .E 3 m n p Z v o° o o -�, o ° LL LL c p m ¢ o a j dN C N E � t -' y y a w D a O a E a N `0 m ¢ n � � N D a � ¢ m N 3 m ¢ N � N Town Buildings Lease — Update to Where We Stand and What to Do Tim Pickering, Town Manager, CM, CECD UK= Goals and Objectives'" ■ Cut cost and develop a long term home. ■ Conduct Town business in most prudent and effective manner. ■ Look for cost savings wherever possible without impacting Town services. ■ We need less space. Shouldn't pay for space we don't need. Situation ■ Draft lease not signed. ■ Month to month which puts Town services at risk. ■ Draft lease ends in 20 months. ■ $600,000 annually to occupy three buildings of 42,0 square feet ■ $401,520 for lease; ■ $100,000 in taxes; and ■ $95,000 in landscaping/utilities. ■ Given landlord notice to vacate building C in July 2004. Town Hall Lease - Where We Stand and What to Do How Did We Get Here? ■ The Town and the landlord working on lease for three years but have been unsuccessful. ■ Original assumption of needing 42,000 sq. ft. is no longer valid. ■ Space needs now equal 25,000 to 30,000 sq. ft. depending on what services occupy the building. ll�saoo3 mary (in lotions 1st 51h year 30th year Own Year Cumulative Cumulative Asset Do Nothing $0.6 $3.0 $33.4 No urchase $6.1 $6.5 $15.0 Yes existing -$3.5M remodel - $2.5M landscp/utl-.095M Id Lease another $0.3 $1.8 $18.2 No Construct New $3.3 — $3.3 — $3.3 — Yes Building $4.8 $4.8 $4.8 ' Repairs and maintenance same for all scenarios IS/6R�3 How to pay? Funding Recommendation ■ Pay as you go. Done over 2 — 3 fiscal years. ■ Use what we have. Five year financial plan has taught us project can be paid for with: ■ existing general fund; ■ new revenue enhancements; and ■ development fees. Town Hall Lease - Where We Stand and What to Do 2 M Other Revenue Sources ■ Sell excess land or buildings — appraisal required and > .5M = vote. ■ Grants — seniors will be applying. ■ Proposition 202 funds. .�. Kecommenaation ■ Makes financial sense to BUILD. We save our current $600,000 lease/tax/landscaping/utl. cost each year. ■ Save almost $30M over 30 years. Cost recovered < 6 years. ■ We own the land, planned since '95. ■ More efficient as we occupy only the spat we need and consolidates operations. ■ Long term solution as building used for decades. ■ Our current tenuous situation is solved. Town Hall Lease - Where We Stand and What to Do 3 This is nothira new ro, s,=oo3 Next Step 30' ■ Design -Build process is best method. 19 months until occupancy in May, 2005. ■ Selecting architect and contractor team, construction and occupy is a 18-24 month process. ■ We need help to get building done on time. Next step is to hire pre -design services firm. H/6/2— Town Hall Lease - Where We Stand and What to Do 4 mmendation to hire pre -design services firm ■ Develop present and future space needs ■ Site analysis and floor layout ■ Site block diagram ■ Present to Council ■ Develop Request For Qualifications (RFQ) ■ Interview/recommend design -build team ■ Pre -design phase complete by Feb. 04 ■ Possibly hire pre -design firm as project manager �■ Pre -design firm restricted from bidding on construction 1=1_ mum 4 Pre -design services proposals received ■ Kitchell CEM $19,880, 197 hrs ■ Pinnacle One - $21,420, 219 hrs ■ Aversa $24,354, 252 hrs ■ Breckenridge Group - $24,800, ? 1,/6/2— Recommendation: Kitchell, rAlk ■ Most thorough ■ Detailed scope of service and schedule ■ Realistic cost and time estimates ■ Experienced firm RMECUM i Town Hall Lease - Where We Stand and What to Do 5 PROCESS 4 qr+...,,M moo.•—.-,-....++.-^.�'..'°'3 ��rt€r ar r�ra rcrtwr+�ax � ■Final"a-ncing wtirr-Iisrj ■Hireesign-build team .Design ■construct t—SUMMARY r..�..� ■ Building a new building makes financial sense. ■ Save almost $30M over a 30 year period. That's $1M a year. Building cost would be recovered in < 6 years. ■ Shouldn't continue to pour money into unneeded space we do not own. IF ■ Site is already owned and purchased for this intention. ■ Hire Kitchell @ $19,880 to assist in pre -design phase to begin project. $25 0 was budgeted. 6/3W3 Town Hall Lease - Where We Stand and What to Do 6