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HomeMy WebLinkAbout1999.0401.TCRMP.Packet 414AMN�l 0 NOTICE OF REGULAR SESSION a = OF THE • that isA. FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, APRIL 1, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 ,is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent r genda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent genda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular/Executive Session April 1, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of March 18th, 1999. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Gary Davis for the Alamo Saloon located at 11807 North Saguaro Boulevard. The application is for a"person transfer" of a Series 6(bar) liquor license. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Dave Evans for the Arizona Police Athletic Federation for a Bike Race to be held on April 10, 1999 from 8:00 a.m. to noon. Participants will "pass through"Fountain Hills and no street closures will be required. *4.) Consideration of a SPECIAL EVENT LIQUOR LICENSE submitted by Kenneth Bowman for the American Legion Post#58 for a Casino Nite on Friday, April 16, 1999. The event will be held at the Church of the Ascension Catholic Church, 12615 N. Fountain Hills Boulevard, and proceeds will benefit the Legion's building fund. *5.) Consideration of AUTHORIZING AN APPLICATION to the Governor's Office of Highway Safety for a grant in the amount of$10,581. The grant, which would be used to purchase a Kustom Speed Trailer, requires no matching funds from the Town. *6.) Consideration of RESOLUTION 1999-15 abandoning whatever right,title,or interest the Town has in certain public utility and drainage easements located along the northwesterly property line of Plat 206, Block 8, Lot 18 (12076 N. Chama Drive) as recorded in Book 148 of Maps, Page 47 records of Maricopa County,Arizona. (Rodriguez—EA99-05) *7.) Consideration of RESOLUTION 1999-16 abandoning whatever right, title, or interest the Town has in a certain 33'roadway easement located along the westerly line of Section 27 and lying within the Master Plat of Firerock(Country Club). (Firerock LLC -EA99-06). *8.) Consideration of a PARTICIPATION AGREEMENT for the Tioga and Falcon Drive paving project. *9.) Consideration of the FINAL RE-PLAT of Sunridge Canyon G-South Lot 33 and Tract "E", a lot reconfiguration project, located on Cactus Drive within the SunRidge Canyon Area Specific Plan, Case#S99- 008. *10.) Consideration of a REPLAT of Lot 6 and Tract B, Block 6,Plat 201. 11.) PRESENTATION OF PROCLAMATION to Ron and Ruth Ann Lopack from the Fountain Restaurant. 12.) QUARTERLY REPORT by Tony Bass of Imagine Recovery Resources on the substance abuse treatment program established at the Fountain Hills High School and funded by the Town for FY '98-99. 13.) Consideration of a PRELIMINARY AND FINAL PLAT for a lot split of Lot 33, Block 2, Plat 505-A, aka 15839 E.Tepee Drive,Case Number S99-005. 14.) Consideration of a CUT AND FILL WAIVER request for a 17.9 foot, 13.2 foot and two 12.1 foot cuts in Firerock Country Club Parcel"D",Case Number CFW99-01. 15.) Consideration of the PRELIMINARY PLAT for the FireRock Country Club Parcel "D" Subdivision, a 55.42 acre, 41 lot, 2 tract subdivision located East of FireRock Country Club Drive and north of Tombstone Ave within the Fire Rock Country Club Area Specific Plan, Case#S99-001. Town of Fountain Hills Page 2 of 3 Last printed 03/31/99 3:01 PM Town Council Meeting Agenda Regular/Executive Session April 1, 1999 16.) Consideration of the FINAL PLAT of FireRock Country Club Parcel "F" Subdivision, a 10.82 acre, 9 lot, 1 tract subdivision, located North of Tombstone Drive in the vicinity of Saguaro Boulevard and Powderhorn Drive within the Fire Rock Country Club Area Specific Plan Case#S98-025. 17.) Consideration of the FINAL PLAT of the FireRock Country Club Parcel "G" Subdivision, a 22.53 acre, 19 lot, 2 tract subdivision, located south of Tombstone Drive and west of Powderhorn Drive within the Fire Rock Country Club Area Specific Plan,Case#S98-026. 18.) Consideration of the FINAL PLAT of the FireRock Country Club Parcel "H-1" Subdivision, a 8.02 acre, 10 lot, subdivision, located south of the proposed Tombstone Avenue extension and the proposed FireRock Country Club Drive within the FireRock Country Club Area Specific Plan,Case#S98-027. 19.) Consideration of a SPEED LIMIT REDUCTION on Fountain Hills Boulevard. 20.) Consideration of ORDINANCE 99-17,amending the Town Code, Chapter 9,Parks and Recreation,Article 9- 1, Parks and Recreation Department, Section 9-1-3, Powers and Duties of Director, by adding a new Section 9-1-3-I, prescribing rules and regulations for the conduct of persons at the Fountain Hills Off-Leash Recreational Facility and declaring a penalty provision for the violation of said rules. 21.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 22.) ADJOURNMENT. DATED this 3 Vt day of March 1999. B ClL4A_ _ by: ) 2 _vl ...J Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 03/31/99 3:01 PM L ,„. , Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERIejoA)-}"" Date: 03/31/99 Re: AGENDA UPDATE There are a couple of minor changes to the agenda for Thursday's meeting. A Council ted that the Tepee Drive lot split be removed from the consent agenda. It regular agenda as item #13. There is also a new item #11. • , rl�Ap. sted that the Mayor present a proclamation to the Lopacks from • . . ,Resta t :isSaturday is their last day in business after 12 years due to the d rnoli of the, aar Unlike the other business owners in the Bazaar, the Lopacks �� will no .erelocatir-ag -irstaurant elsewhere in Fountain Hills. Councilman Apps and the Mayor ti�ught it ap • atfto recognize their contribution to the community. ..::!''\ .,,,.:.---L.,- �I new age is a copy of the Memorandum of Agreement forwarded to us ,. �a 3 „ arr Ei r ftern He will be asking the "District Board" to act favorably on the gret your 5•:3 p rri meeting tomorrow night. If you have any gUes ons,please don't hesitate to call. y,. L Page 1 of 1 Cassie Hansen Last printed 03/31/99 3:18 PM 03/31/99 MEMORANDUM TO: THE HONORABLE MAYOR AN I OWN IO NCIL FROM: PAUL L. NORDIN, TOWN MANA E DATE: MARCH 26, 1999 RE: MANAGER'S REPORT FOR THE APRIL 1sT COUNCIL MEETING Reminder: A "pre-budget" study session/executive session with Council is scheduled for Tuesday, March 30th at 6:30 p.m. in Council Chambers. The agenda, packet materials, and my cover memo were distributed to you on Wednesday. An executive session is scheduled for this meeting also. A special meeting of the Fountain Hills Water Company CFD Board is scheduled for Thursday, April 1st at 5:30 p. m. in the Town Hall Conference Room (Bldg. C). Sue will contact you for your sandwich preference. This meeting will immediately cry precede the regularly scheduled council meeting on Thursday evening. CONSENT AGENDA: There are eleven items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM# 12—IMAGINE RECOVERY RESOURCES QUARTERLY REPORT: Tony Bass will share the third quarter information on the progress of Imagine's substance abuse treatment program activities. He will answer any questions you may have regarding this update. AGENDA ITEM# 13 &# 14— CUT AND FILL WAIVER/PRELIMINARY PLAT/FIREROCK PARCEL D: The cut and fill waiver and preliminary plat request for Firerock Parcel "D" will be considered. A 17.9 foot, 13.2 foot, and two 12.1 cut and fill waivers are requested. The Planning and Zoning Commission unanimously recommended this item for approval. See Geir's memo. L AGENDA ITEM# 15—FINAL PLAT/FIREROCK PARCEL F SUBDIVISION: AGENDA ITEM# 16—FINAL PLAT/FIREROCK PARCEL G SUBDIVISION: AGENDA ITEM# 17—FINAL PLAT/FIREROCK PARCEL H-1 SUBDIVISION: The Town Council, at the 12/17/98 meeting, unanimously approved the preliminary plats for the Firerock Parcels "F", "G", and "H-1" subdivisions. Please see Geir's memos. AGENDA ITEM# 18 - SPEED LIMIT REDUCTION/FOUNTAIN HILLS BLVD.: A group of concerned residents submitted a petition requesting that the speed limit on Fountain Hills Blvd. between Kingstree and Palisades be lowered from 45 mph to 35 mph. Staff met with local residents and performed numerous studies regarding their concerns about speed, truck route violations, and noise. Staff believes that either 40-mph or the currently posted 45-mph is a reasonable speed limit. Randy's report is attached. AGENDA ITEM# 19—OFF LEASH RULES AND REGULATIONS: The Parks and Recreation Commission is recommending that a set of rules and regulations be adopted for the Off Leash Recreational Facility. Enclosed find a copy of the proposed rules and an appropriate ordinance that would enact these rules. For the Council's information, it is proper for the council to adopt such rules by ordinance. This same procedure was used for the adoption of Golden Eagle Park rules. L Lir Manager's Report April 1,1999 Council Meeting Page 2 of 2 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 03/26/99 Re: AGENDA ITEM #2—ALAMO LIQUOR LICENSE APPLICATION AGENDA ITEM #3—AZ POLICE ATHLETIC FEDERATION BIKE RACE AGENDA ITEM #4—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #2—ALAMO LIQUOR LICENSE APPLICATION Gary Davis has applied for a person to person transfer of the bar/series #6 liquor license #06070452 iss the Alamo Saloon located at 11807 N. Saguaro Boulevard. Mr. Davis is a dir bfcerf of NVisions LLC, the partnership that recently purchased the Alamo Saloon. rtdler firmed his background investigation and states that all statutory requirements have been et `T e premise has been posted for the statutory twenty-day period during"which time no written a • ments for or against have been received at Town Hall. Staff recommend. approval AGENDA #AZ POLICE ATHLETIC FEDERATION BIKE RACE SPECIAL EVENT f David Evans Etas' submitted a special event request on the behalf of the Arizona Police Athletic Federation. The request is"for a 50+ mile bike race that will pass through Fountain Hills on Saturday, April 10 1999 between" e hours of 8:00 a.m. and noon. Approximately 50 bicycles will iginat Ott McDowell r� 'ark and pass through Fountain Hills on their route to Scottsdale. fro e com asse's Fo ain Hills Boulevard south to Palisades, Palisades Boulevard to Shea, Shea„ tts ale �� eet closures will be necessary and the Marshal's Department will have six officers moe route and cover the intersections. Marshal Gendler has reviewed the request and forwards a favorable recommendation. Staff recommends approval. AGENDA ITEM #4—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE Ken Bowman has submitted a special event liquor license request on behalf of the American Legion Post 58 for Friday, April 16, 1999 from 6:00 p.m. to 11:00 p.m. The group is hosting a Casino Nite to raise money for their building fund. The location of the event is the Fountain Hills Catholic Page 1 of 2 Cassie Hansen Last printed 03/26/99 1:12 PM 03/26/99 March 26, 1999 Church of the Ascension. A diagram is included in the request and shows security personnel stationed at the door of the fellowship hall to insure that no alcoholic beverages leave the licensed area. Marshal Gendler has performed his background investigation, found that all statutory requirements have been satisfied and forwarded a favorable recommendation. Staff recommends approval. L 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Cassie Hansen , FROM: Steve Gendler DATE: March 8, 1999 SUBJECT: Liquor License Application - Alamo Saloon The purpose of this memorandum is to endorse the attached Liquor License Application from Gary Davis pertaining to the Alamo Saloon. Mr. Davis would be one-third owner in a partnership purchasing the license and facility at 11807 Saguaro. It is my understanding that this application is scheduled for consideration by the council at their April 1st meeting. Background Investigation This application represents a request to transfer an existing Class 6 liquor license held by Louis Jones and would be used for continued operation of the Alamo Saloon. The applicant,Gary Davis, is listed as a partner in New Visions Incorporated. A Class 6 license allows on premise sale of liquor. This series license specifically prohibits sales within 300' of a church or school and leaves the question of proliferation of liquor "establishments" up to the local jurisdiction. A review indicates no schools or churches in the area, however, there are five liquor licenses held in the immediate area including one class 6. According to ARS 4-2-202A pertaining to liquor license applications, an applicant must not have a criminal record and must be a resident of the state. The applicant, Gary Davis, is applying as a representative of a three member partnership. Our background investigation revealed no current wants or warrants on any of the three and showed that all met the criteria of Arizona residents by holding a valid license and residing in either Fountain Hills and Rio Verde. The facility itself is located at 11807 Saguaro Boulevard. A site inspection previously conducted by this office as well as the state liquor department showed that the proposed facilities are consistent with a class 6 license. As part of the investigation, I have verified that the Alamo Saloon has a current Fountain Hills business license #283a valid through February, 2000. Recommendation Based on compliance with all provisions of Title 4, the fact that this is simply a transfer of an existing license and will therefore not represent a proliferation of liquor sales, and that there are no wants or warrants on the applicant, I recommend approval by the council at their April 1st meeting. Lr.+ Marshals Department Lir Memo To: Councilman Sid Apps From Steve Gendler, Marshal 6"''" CC: Cassie Hansen Dabs: 04/01/99 Re: Liquor License Investigations Periodically,the Council receives liquor license applications for review. These are generally prompted by a new restaurant or transfer of an existing license issued to a business. The purpose of this memorandum is to provide some clarification on the local government role in this process. All license applications originate with the state liquor department. The liquor laws outline the responsibilities of both the liquor department and local governing bodies in approval process. Local Responsibility: Under Arizona Revised Statutes, section 4-201 (j),the role of local jurisdictions is to determine: (1) if application would result in a proliferation of establishments; or, (2) whether the location of the proposed establishment would be inappropriate. When an application is received, the Marshals Department verifies the location, reports any nearby churches, schools, or other liquor establishments, and determines whether the application is for the appropriate class of liquor license. In addition, we ensure that the applicant meets licensing requirements, has no outstanding wants or warrants, and has a local business license. Unless we find a documented reason for the local jurisdiction to deny a license, the Marshals Department recommends approval by the Council. State Responsibility: Under ARS 4-210(a), the Liquor Department is charged with investigating applicants to determine their reliability and capability to hold a license.The department looks at criminal history, narcotics involvement, ties to organized crime, or recent liquor related violations. They also accept input from local law enforcement regarding`leads"which might impact license eligibility. In the case of the Alamo Saloon, which is changing ownership and has an application pending before the Council,the Marshals Department conducted all required background investigations in preparing its recommendations. As Marshal, I had some concerns with items appearing in the history of the listed partners; however, none of the items represented a cause for denial at the local level. I did speak with the supervisor of the background investigations at State Liquor, Bob Dom,to ensure that they that they were alerted to my concerns. The liquor department had already considered these issues and determined that they did not meet the criteria for denial. Based on that information, and the findings of our investigation,the Marshals Department recommended approval of the Alamo application. L ARIZONA DEPARTMENT OF LIQUOR ,LTgb.S & CONTROL MAR 0 4 1999 400 W Congress#150 800 W Washington Sth Floor .3( ram ., Tucson AZ 85701-1352 Phoenix AZ 85007-2934 FOUNTAIN HILLS (602) 542-5141 TOWNx (520) 628-6595 Po��- L1u��4- 3-5--4'S APPLICATION FOR LIQUOR LICENSE &+ 3 -�S-QCAA» " i -/ TYPE OR PRINT WITH BLACK INK -rh p 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 law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. L L SECTION 1 This application is for a: SECTION 2 Type of ownership: 181 INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 ❑INDIVIDUAL Complete Section 6 RI PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,'4,11,13,15,1417 ❑CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) I LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 ❑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#: ° 7 v S.- 1. Type of License: _5 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) �a 00 33/51 1. Applicant/Agent's Namea s. 0..4d/5 �ra.�� 1'L-9. (Insert one name ONLY to appear on license) Last First 'wig/ i e 2. Corp./Partnership/L.L.C.: �e�J 4�``:S%d.t/S z � C b/c // V (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: /c ' 4 m O 0 S4 /�e' 'j G Q. (Exactly as it appears on the exterior of premises) /4-0 Gc ,i Two:-v Ai, 2 .t S 4. Business Address: /'/ 96 7 /1,12:174 O U,4 C /�.�✓, 4Z iZl:4'2eCcid 8 ZG 8 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:(6'6 6> ) 8S 3 7- 3 3 6 0 Residence Phone: (6.O . j 4 7/-O 4. .70 6. Is the business located within the incorporated limits of the above city or town? OYES ONO 7. Mailing Address: //Re 7 //Z7' s$;:t g..t q,-tri -) t d1 7�0,-)/t ))S 42- �,.5 2 6(a City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ (p O, GCS O. 00 (Price of License ONLY) DEPARTMENT USE ONLY ,Accepted by: �(� Date: ,O‘g 1 Cr1 C1 Lic.# 6 O C) 70 4S G / Fees: I 0 0 •00 /00. OL ('6 -00 $ CW•OO Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 11/1998 *Disabled individuals requiring special accommodation,please call the Department. 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. iit L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: 4%4./ //.f f id.r./_5 // (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized:/0?-Q 3-98 State where Incorporated/Organized: /'9Z' . 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C.File No: — a G , — 2, O V-- Date authorized to do business in AZ: /2-D 3— )8 5. Is Corp./L.L.C.non-profit? ❑YES VINO If yes,give IRS tax exempt number: a� 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip ✓i'5 /L✓ / +°,rit /6:3 7.7; 1,4,fnP 122- 8 3 AoLi4/777 /..' N,LcS C io;:7C14 ��1.4;7 1Memhea /7Zio /3zoz. 4 z f''s268 /Z n .. 1 Q Me,i n //.?s'V N. Si4 fi 4. fro /i ,ar/ 65203 (ATTACH ADDMONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Nfiddle %Owned Residence Address City State Zip %lid. 1•'r_=;z.7� viJ ,q,�j1 /1/7, 330 /8 01 /±'_ zw 4z 8 63 ;12(1,4:c: ,24 C. ��/ /72/0 E. ,4-./).e ,& AZ. 8Szdte �u.v-4 Lt. f uI/A✓� ,� �� �4 . 73.3 /7 '' /✓ 5••A , t/1 Aye /4 F,sz 6 8 /et.Do (ATTACH ADDITIONAL SHEET IF NECESSARY) S. 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 $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Mach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number. 3. List officer and directors: Last First Middle Title Residence Address City State Zip L (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. trent Business Name and Address: Notactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number. Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: ..6 #A'z<`? Name/Address of school: eiZY4 TAT (2ri / 04 ao- (regardless of distance) /7/5 t-. "74 i S �rlu.4444I +1 A gS26Y 2. Distance to nearest church: . /tt& Name/Address of church: ;s - .'3.r?,,:�sa'lr C2, Le2e:Y 194" (regardless of distance) /?.cr'/t7 �tj'�'� �.�+1 e,4,2O � 3. T,m the: I.FSSEE El SUBLESSEE 0 OWNER PURCHASER(of premises) GP.c/779,AI ,4,l 4. the premises is leased give �)tlessors name and address: 9 t//') Str aleAved .52. )0 X /7`%'8Y KLC '� �� , 1)5 8S e A Monthly rental/lease rate$ /c9lgv.S: 521 5. What is the total business indebtedness of the applicant for this license/location? $ 3 j j Oa -� • Does any one creditor represent more than 10%of that sum? EYES ❑NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip J �✓.✓t OA' - A174/w1 ,4 Az- /ow 2 w ,i ,v,/i'S 4z_ 8szbd' (ATTACH ADDITIONAL SHEET IF NECPSSARY) 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? 0 YES,NI NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? ❑YES,'tO 9. Is the premises currently licensed with a liquor license?,E1 YES ❑NO If yes,give license number and licensee's name: # • 2‘e) % �.s 2 (Exactly as it appears on license) Z vJ. S 5 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List b j w the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. 4))#4,4/ 'OS F xprle 2. 194,No C/ 1ci Sere.) b NT 3. 74c S;l(1c,r.%e;,i See-,es la 4. L A {fitgzzq Sewcs 0 5. QUe J I.IC'P1 f% _5 e/'i es /.2 Co I0 0 a o L 6. e. P 7 _ r e gntt.rpr;sc Or, D b owl s. I r 0 lb 10. j PI:1(.r 11. ‘111111-; 12. 13. 14.15_ LACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: C— I, y4. ( l'�-[1 I S ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APP CANT/AGENT listed in Section 4 Question 1) 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 indic d, has an interes in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, me rs,o cers,direct rs or ockholders listed have been convicted of a felony in the past five(5)years. X )iLCKNOWLEDGED BEFORE ME (Sim'_mej_ _ / %C�. this �J of I - v A.K.�-a�+ kl4� Da ., Month Year E! Notary i tibkG us MARiCCPA r My commission expires on. - ` c'.€: 6_'''—-: -� (Signature of NOTARY PUBLIC) Ttilite ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Am.* 400 W 800 W Washington 5th Floor 4, ,1 �• Congress#150 Phoenix AZ 85007-2934 �,�,. '! y Tucson AZ 85701-1352 (602) 542-5141 y np� (520) 628-6595 QUESTIONNAIRE READ CAREFULLY, HTS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the 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. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. � There is a$24.00 processing fee for each fingerprint card submitted. ,p'Q 33 3„ 1 A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK Check appropriate box N Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 1. Name: /74(; 624.-??-f /LI Date of Birth: 7--2 3 Last First / Middle 2. Name of Licensedremiisses: ` 9 /1 !� , Premises Phone:( ,Q ) 6'3?- 3 3 4-a ,/� � 1..r- - a-_ ,,ors 3. Licensed Premises Address: i'%6l9 7 ,V'" ��r u ', Z' "461 Y-, "II ,9 C.,z.!ft Liquor License# t?7O 70 a.Z Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: i y =/27 ' , State AZ ( '' ') 7 Residence Phone: ,_ .� �%�` - C`' f , c leight: t ' '1 ` 4,Weight: . '' '(' Eyes: , /? Hair: /3/? Place of Birth:^/'j.-.2, /,..a; ,"^ i City State 5. Name of Spouse: /i c/w,-,s -J/2/// ./, /7?-7.7, r;A- > Date of Birth: c'. r43 - y'.Z Last First Middle Maiden 6. You are a bona fide resident of what state? /Zi7/2 r-.__,.✓o<9 If Arizona,date of residency: ,,. ,' r 1 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year • OR BUSINESS (Give street address,city,state&zip) CURRENT (1u-;t6> / ,Jzc.-' Xis f7?7_c c,si2e.�= e r tJ/rt 1 r/ �' le !/L% _.;Sr p r. /✓,-.._•z,,-r ri-.;a ,gee' F--i rt.:;+, .t'e ir;7.'ie, d�a',+^it,;rr. /� / , (ATTACH ADDMONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip /63G%f�` j=" c.,1..j;Try iv ,2.v.E ,r�k', 4,-,7- !,L' CURRENT R/L>, t4',2, s "...4 Z -i ,e 6 3 Aaz" 1,?).2.0( .4Z (.i2G i *Coe� , f l 'I-`/,`y' 1/Cri �`C ct'-- r'l J 1-i t�, e. i22 , £sf0i11.i�i f' � 77/ _ 79..2/I (IX` 4!.2 6 -(1 f ✓ f /.5 )f..r.'.t.` Z1"i' / .:7 /.(2'....'..- ,A' '' Aele'/ IICO1o1 11/1998 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ~�' 400 W Congress#150 800 W Washington 5th Floor '���.1 '!� l L' Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 ti• �� �� (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT 1 An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the 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. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. Pi 0 33/5 .. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 1. Name: Capirchio Craig C. Date of Birth: 12-10-56 Last First Middle 2. Name of Licensed Premises: The Alamo Saloon Premises Phone: (602 ) 837 _3 3 6 0 3. Licensed Premises Address: 11807 N. Saguaro Blvd. , Ftn Hills,AZ 85268LiquorLicense#06070452 Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: 041565916 State AZ Residence Phone:( 602 ) 8 3 7—2 47 8 Cght: 5 ' 10" Weight: 200 Eyes: BR Hair: BR Place of Birth: Br i s t o l CT City State 5. Name of Spouse: Capirchio Jeanine J. Watt Date of Birth: 12-25-60 Last First Middle Maiden 6. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 1975 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) CURRENT Craig C. Capirchio, LTD 1991 CPA—Owner 16844 E. Ave of the Fountains, *201 Fountain Hills, AZ 85268 (ATTACH ADDITIONAL SHEET IF NECESSARY) T 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip CURRENT 1991 17210 E. Grande Blvd. Ftn Hills AZ 85268 LIC 0101 11/1998 Disabled individuals requiring special accommodations please call(602)542-9051 Craig C. Capirchio 17210 E. Grande Boulevard Fountain Hills, AZ 85268 (602)837-2478 February 16, 1999 Arizona Department of Liquor Licenses & Control 800 W. Washington, 5th Floor Phoenix, AZ 85007-2934 To whom it may concern: Enclosed please find the following information in support of my license application as an owner of the business known as"The Alamo Saloon" which currently operates under liquor license #06070452. 1) In early 1991 (approx. March) I returned home late in the evening after attending and participating in a charity golf tournament. I was very intoxicated and became loud and disruptive in my apartment complex. The police came and I was cited for disorderly conduct. I pled guilty and paid a small fine. Not my finest hour. 2) In June 1994 I was detained by DPS on my way home from a local bar(approx. 2 miles from my home). I was charged with driving under the influence. At this time Fountain Hills was having a problem with overzealousness on the part of some of the DPS officers. I fought the charges and they were dropped for lack of probable cause, although I was technically slightly over the legal limit. I went thirty days without my license. These events are part of my ancient history. I am now the father of four small boys and much more laid back in my approach to life. I am a CPA, actively involved in my church and family, and known as one of the"stand up" guys in the community. The likelihood of any similar incident in the future is extremely remote. I hope this information provides what you need to complete the processing of my application. Please feel free to contact me if you need further information. Sincerely, Crai C. Capirchio ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Amy 800 W Washington 5th Floor >- 400 W Congress #150 gin.:=s.l Phoenix AZ 85007-2934 •�,, Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result _ in criminal_prosecution and the 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. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. P)v3 5[)`37 A service fee of$25.00 will be charged for all dishonored checks(AILS.44.6852) r ✓ TYPE OR PRINT WITH BLACK INK Check appropriate box Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) t Licensee or Agentust complete#21 for Manager/ Licensee or Agent must complete#21 Rel 1. Name: 0 1J /N I 6 C�J&-`46/ J ,:: r tie Date of Birth: 7 //0' V Last First Middle �^ 2. Name of Licensed Premises: ''. /'?t /I24V 5 )c OC Premises Phone:(�.�''1" J 2 60 am'' 5��� � � /"�h'i�C j 3. Licensed Premises Address: /l +7 c/7 t' � P, -r Liquor License#0J6499qa /� /tree[ s (Do not`` PO Box#) /'] City County Zip (If this locationon is currently licensed) n 4. Drivers Lice #: /0 -���Q / State_ Residence Phone:�) / - /7(3 / çiht: y-; Weight: V Eyes: /-ZL Hair: /3 L-- Place of Birth: 1e,Cirla /4911 I' e 2J i7 City State 3 l (ems 5. Name of Spouse: &'{�k-t)►`j l� '' � %` C / ! v`��'N�D of Birth: c� 6 --5/ Last first Middle Maiden �J�f 6. You are a bona fide resident of what state? If Arizona,date of residency: (ri / / 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Moonth/Year Month/Year OR BUSINESS anfi(10 (Give street addresJs�city,state&zip) J CURRENT /'13� 4 '/ .q, -5 ?ic7 0 6441-ielz , , [qj 17)c7 , 1 I SS/6j o e ri - fi al # it �i' (ATTACH ADDITIONAL SHEET NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip 7/9/ CURRENT / tt /t 5' / &-r-,v l07 1 r' z ' // 9V 7/rb / LS $ ,Jl Ka 44<;-5/9 fqç/ it W 1 *7w o C4M9 ,/ vim 'W J..)/ail 0 LtC 0101 11/1998 Disabled individuals requiring special accommodations please call(602)542-9051 THIS IS AN ADDENDUM TO THE ARIZONA DEPARTMENT 416, OF LIQUOR LICENSES & CONTROL QUESTIONNAIRE SUBMITTED BY: ROBERT ARTHUR BROWNING (08/10/43) FEBRUARY 16, 1999 RESPONDING TO QUESTION # 11: 1966 -INDIANAPOLIS, IN-DISORDERLY CONDUCT - IT'S BEEN SO LONG I DON'T RECALL THE DISPOSITION HOWEVER IT MUST NOT HAVE BEEN SERIOUS AS I ONLY SPENT A FEW HRS IN JAIL. 1968 - LOUISVILLE, KY- I BELIEVE CHARGE WAS BEING WITH A PROSTITUTE OR SOMETHING SIMILAR- POSTED BOND AND FORFEI"1'hD IT AS ADVISED BY COUNSEL. 1973 - INDIANAPOLIS, IN - ISSUE OF WORTHLESS CHECK. THE CHARGE WAS DISMISSED AS THE COMPLAINTANT HAD TRIED TO CASH A CHECK THAT HAD BEEN WRITTEN BY ME SEVERAL MONTHS BEFORE. THE CHECK WAS GOOD AT THE TIME IT WAS WRITTEN, HOWEVER...THE ACCOUNT WAS CLOSED AT THE TIME IT WAS PRESENTED TO BE CASHED. 1977 - GREENWOOD, IN-ARRESTED FOR DRIVING WHILE INTOXICATED. EVIDENCE WAS INCONCLUSIVE. THE CASE WAS DROPPED. RESPONDING TO QUESTION # 12: SEE 1966 AND 1968 ABOVE REP S ECTFULLY SUBMITTED L ARIZONA 1)EI'ARTMEN'I' O1+' LIQUOR LIUENSLJ & CON.1'KOL 800 W Washington 5th Floor ' . 400 W Congress#150 Phoenix AZ 85007-2934 ?.,'y5f�•�� Tucson AZ 85701-1352 (602) 542-5141 y (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the 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. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. pi °ZZ.$1 A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK Check appropriate box ❑ Owner,Agent,Partner,Stockholder,Member or Officer WManager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) / Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 1. Name: C 6)/14/'4 0 -5%t'u edi /4,44-e , Date of Birth: //2c/7o Last �1 First Middle 2. Name of Licensed Premises: 7-Le r4�r,mil{) -sue/ r. Premises Phone:( E O2 ) 3S7- 3 3,4 O 3. Licensed Premises Address: /1 G)7 Al- 5 Cc,(,l cl ifs O 1G.iti*4.IA N /l i ‘6-5;lo Liquor License# 66 0 7 v `/-5 Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: A/3 0 -2 0 6"/ State 4 2 Residence Phone:Vb.< ) 16 - _3 .,2 1. Meight: 5 ' Weight: //-5 Eyes: 06/' Hair: gir Place of Birth: 4 Pt-fe ,,,-1 c/o r.5 CloPt 5,',-t illille City State 5. Name of Spouse: 4 Z/ Date of Birth: /12/4 Last First Middle Maiden 6. You are a bona fide resident of what state? A ' 7 oei c., If Arizona,date of residency: /e/ V‘i -2 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployedpart of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) — �ilv ///f k l l CURRENT (U C1�f i �l! .. e-i- 6 z l v c✓t p _r-5/y ':I` 7*k 5/ 4 2 ( g-ScJ/% 6%/9_ //�. /y8. 0(-)4ed Fon,1-c,-, (2 l f t>,;« i-6t'1, i o•-)t / 237 //Kv c,,� /3iad! Go // G / /��] /-. , /� 1;-+„fa ., /t i/9, /9Z`T5.S.2G f /// /�� 7// l / 6 (\� /7/`J i- f,f,h,,,i,e: 1 pi,5 //M f 7 /= 1 �0,1,, S I'd. {j c�f l-5,-1,+1 (ATTACH ADDITIONAL SHEET IF NECESSARY) T 6 5-2s 1 / 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip i --,Y.t" 13 CURRENT /3 in) N. /=,,i,,•i-k / // / g/�)I # , E�'? / '../JS 4 Z 52 $ AJ u 9 )P1ly /7001 Cc/le del Orc.) 6 ii .//f 4 "Z 41S2‘f 2 q �)1 y 13 3�%ov A. /1//vr 4.S 6 t,„t.�l d i t-J)ev A2 sz�s LIC 0101 11/1998 Disabled individuals requiring special accommodations please call(602)542-9051 L 1/25/99 In response to questions 11 and 15, Yes I was accused of defrauding money from a woman I had never met, seen or spoken with ever back in January of 1998. The situation arose after I had brought a silent investor into my company back in the fall of 1997. Richard Thomas was the silent investor who apparently had worked for this woman and had financial dealing with her out of my knowledge. In short this woman won a judgement against Richard Thomas and I filed a chapter 13 bankruptcy due to unrelated business scenarios. Her attorney has stopped pursuing me after realizing I had nothing to do with her losing any money. Please feel free to call my attorney Michael Delgado at 962-5353 if you have any further questions. In response to question 16 yes I used to own the Fountain Bowl and the #6 license that came with the bowling center. I am now no longer associated with the business or the license since 7/31/98 Steven A. Commo ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 1144 ,� 800 W Washington 5th Floor ; �� �- 400 W Congress#150 `T Phoenix AZ 85007-2934 7;\ 7 Tucson AZ 85701-1352 (602) 542-5141 tkn>D (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: March 5, 1999 Date of Posting Removal: March 25, 1999 Applicant Name: Davis Gary M. Last First Middle Business Address: 11807 N. Saguaro Blvd. Fountain Hills 85268 Street City Zip License#: 06070452 `1W I hereby certify that pursuant to A.R.S. 1 4-201, I 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) consecutive days. Cassie B. Hansen Town Clerk 837-2003 Print Name of City/County Official Title Telephone# (15 4/2/99 Signature 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)542-9051 licOl 19 11/1998 Form 104 Revised 1/84 (APPROVAL) Q-TOWN OF Fountain Hills STATE APPLICATION NO. nFn7n4c7 COUNTY OF Maricopa , ARIZONA Rini-TOWN NO. #n 6 n ORDER NO. At a Regular meeting of the Town Council (Regular or Special) (Governing Body) of the CAW-Town of Eauntain Hille held on the 1st daY of Apri 1 19 93 the Application of Gary M. Davis for a license to sell spirituous liquors, at the premises described in his Application No. 06070452 was considered, as provided by Title 4, A.R.S., as amended. IT IS THEREFORE ORDERED that the Application of Gary M. Davis be, and the same is, hereby recommended for approval, a license to sell spirituous liquors of the class, and in the manner, designated in his Application No. 06070452 by Series #6 . IT IS FURTHER ORDERED that a Certified Copy of this Order be imme- diately transmitted to the Department of Liquor Licenses and Control, Phoenix, Az. LittAtati X-TOWN CLERti DATED AT Fountain Hills, AZ this 2nd day of April , 19 99 Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: March 25, 1999 SUBJECT: Special Event Request - Police Federation Bicycle Race The purpose of this memorandum is to endorse the attached special event request for a portion of the Police Federation Bicycle Race to travel through Fountain Hills. It is my understanding that this is to be considered by the Council at their April 1st meeting. As proposed, this race would take place on Saturday, April 10th, as part of a regional bike race involving Scottsdale, Fountain Hills, and unincorporated areas of the County. The participants would pass through Fountain Hills during a 3-4 hour window on Saturday morning. A review of the proposal shows that there are no road closures or detours planned for the Fountain Hills portion. Participants would enter from our northern boundary, go South on Fountain Hills Boulevard to Palisades, West on Palisades to Shea, then West on Shea into Scottsdale. In discussing this with the event organizers, they are planning to station law enforcement officers at key intersections to facilitate traffic,protect the participants,and minimize delays. This event is consistent with other regional bicycle races that have previously been approved by the Council including the "Tour d' Phoenix". Based on the fact that there are no road closures or detours, compliance with all provisions of the town's special event process, and arrangements made for the key intersections, I recommend approval by the Council at their April 1st meeting. MAR-23-1999 11:20 TOWN OF FOUNTAIN HILLS 4340 P.04i@6 o07NN , c 0 � RECEIVED cc; -E-. �'®ate off IFaanant 2111111 L �' Special Event Request MAR 2 1999 'taw'. •=OUNTAIN HILL;, TOWN CLERK 1 Pig, 42.o•1s6S Pik- 23Y-fr1,1e1 Name of Event Coordinator JA Vi O & WI.' tZe` - t jecTo Address: _g�,�_S �: I A L/N d,A Telephone: (residence) GvZ.. s3.43pi/ v 2 3 z -SozS (business). If the even#is designed tc,b.held on behalf of say pet:rarr other than the applicant,the applicant shall supply written audio Fixation from the organization rponso ing the event,dated net mate than 90 days before:the applica lion,authorizing the applicant to apply for the paaaltt on the spunsoes behaLL Name of Orgenizat;ion.R -oll cc. A4-Q kk;c C eta,A rt a1, Telephone, RAYeA_See .8ove. Address of Headq artertr it.D. O%. I0042 TTvcS na/ �_ gs731.6000 Description of Everta C-k 'AC E Purpose of Event.! e,�,,y �• .ite61 Fa'Liess o\. , �-Ir 1l1RGG.>�TfS, TQIRIN` 0aL I Awe Location of Event;, -'f�, /- I N�S k e NOQi aro k f ask cs-ca ik(i4le) Gt,tt.st map or diagram of area to be used foe event) Date of Event_U� 'I.U 4 4 i Beginning Time O 8 Or) Ending Time: _i Z oo(N o tJi S II)What portion of the roadway,a if any, will the event oc cupy' f tJ 1. 00 ek t oa of Se¢ � � ' h IS P � i' • rr A �c e� 'IR°k .- S[h - mi1►'°iZ cvNE TAPER A R . +vRn1 n„ e .11 14�ec EstimaF .pt.(-ted Ms IS �.. ;? 1 e cif persons,Ivehicles (and types, i.e. cars, trucks),animals, etc.participating: IJ 1 c y,,tt's S O} 's Do you anticipate a awed for t ie Town to provide arty of the following Pl.ase Net,: The Town Muahal(or designated official)may ostablieh requirements that may includes (but are no!limited to)personnel for en+etgenc7,traffic and crowd control,traffic control devices,so i other services and equipment deemed necessary for the protection of event attendees ry well ash the community m a whole- - Persox nei'�,�oyLrLs.1 M QS A''S ` � N IRQc.1 ` (_ +0 lino.)t`rO R.. At t► I �10� , Supplies and Services:_ N o;v E Vehicles and Other Equipment_ N c)N 03/23/99 TILE 12:13 (TX/RX NO 97561 f 004 ZOO 3OI'10d 31Y'ISLLOOS L60S t6C 209 XV3 Lt' 8T 3LL 66/£Z/£0 MAR-23-1999 11:21 TeWN OF FOUNTAIN HILLS 4340 P.05/06 - Special Event Request Page 2 of 2 L LIABILITY RELE.LSE AND INDEMNIFICATION FICATION AGREEMENT AND AG]LEEMENT TO FURNISH INSURANCE As a condition to, and in considiaration of the issuance of this requested permit,the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit Such insurance shall cover public liability and property damage, including product liability if app licable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities far which this j permit is issued. Such insurance to be in limits of not less than$1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Pen;nit. . e _ 99 9 siviati a DI Applicant or Agent Dais ofApp[iratien Sc- Name of Insurance Company_-:S ci*s II•�Le 7N s�,e,,o,.►c< C . (ree 4I T. It4 Policy# Poli y Dates- 11111.11•011 (DO NOT WRITE BELOW THIS UNE-OFFICE USE ONLY) Certificate of Insurance Filed: '!ES NO Approval by Town Marshal: - k _ �' Date. 1 c� Comments- Notification of Local Fire Department_ Date Contact Name &: Title- .ti Arrangements Made: • Notification of $heriff's L1epartment Daw Contact Name &Title_ I 1 Arrangements Made. :inb0tv Y' Title- Pr\ for Date. Li— 03/23/99 TUE 12:13 [TX/RX NO 97.56/ Qh005 COO tJ 3DI10d 3'INQsuooS LOOS T6C ZO9 %V3 st:9T 311Z 66/CZ/CO .gal---,:a' K V L • —I M N l.,IA.' r :1 Y v' II. ..1�itii^.! 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''�+n' Y-� r`el\t` -� . ,'�y Q'\ ,1Nt /t/ .a / .NWrN v O A yN t', .._ h i .7 \ ����� - s. 9 ., �c( rya , k �t •,�• 1!f+ e�ftt/��.�. r ti t o .c31r 'I"�+". tr-e�.�„ Y •7i/Ar�t :� • IN iy. ';se' C '' 1,4.... LA rr.{ -7 J• I .J• c ` �� `t i w w i, �vtiq tf, ..1 t:^a�-• r >1 i . • ---J�� S "o'e ' ,: '.. 12 '. , �`R rr.. 4~•fit tr'�l iv 4 t.' I ��11 4•key 111. .".,}.1 r �•e '? : "�� .Jj• `eu� ` • ha Nry S-� l�Jr �tn 3 : ' $ \ ,C1 L''' ,t'* �. ;. It -) ,, "N r�'[L` 3 +t l��11•(I J!"' s/ 1 { iI + a`\\ ?•✓/�.6-- �V or +• ' r NS j �• �' 4/ 6� 4 + 1`61,11r,'Vf t }`,+.�•h � �F , \ f�- t-L-` _ _,,,,, y / \`� • •,r V `Lt ,;J � F+� 1" 4'0 ♦ t7' 1• rli,'i f.'•7. t, ``p,=-7 jlpi / ^� `s 1i,' Sc.' !i'4 g E •' t „ \.` _'F5r{�`5'�ir'bP. t 4 :)}3 . t,•,t•.r L'y < �P eJ "�.s.., . '1I •1f oIC ;y 1F,3_ !t �'�� • i -le 4 •,..c,...1;71 ;: ' I 0`;',l Vr . �1`? y `F� r r \L s.� �``� I� �+r 2 c )0,.ki,g40......3-.-1-,....,44,...„1..„,.. .• ) t --.. i •:•.7- ikd' %"14 l 14•^+ d nt } 1 `-- - t 1 'y1 5, :'.h1 t1•a f Ji �f r".� l— gLVD -Ir"" w.. M�., '.v1 , .I 3 '~ Tit e:'�:,rr\" t }' �1 f r n• $HEA j *" ~'� JFt� ci�t 41 �RTr ;'►A!^?S. r' �_-1� i t1 n 1 f.�,9''�C;W.M 1'Lli,t c.1) *. ..., c: - -',.. N'' q, .:.. 1113441° ,'....p..,,T4// gs, •:. ,, 14 J �"Q ,,e SAG ZRQ ;• Ji '� + ../''! •t,r y.:S'i { 4i{ . •. ' 4f HH : 4 " .`t . ' . AA rr •; y „ „ ;-a � ., ,,,, �E,F9xim,"q, :t x',p ,p, y a • -I ty,f .r'r'ii: ., , � /••fr-1 r: 11 , / "i.1r ., ,;414 ,4N.w 45y 0,.rm�•-t•S4•914 d1' ;`!MeS �'•�`- r' �, 1 t r:'•r + tiy •, r 7:zti ', a. .':,7rn? "..:.; 1'r-, . iC1• , � 4'16'•FM1610 :11 "64`14•",.V'.''.'} ';','l 336: '� t : r • 1'�4;;� • i• , ; <1 •?Ki� w i i ,Ai✓ � Y •.'% u ry . ywta Y�' " � t '" S ^ ,�•iy ' ' k;1l ^} f, , . >eic#0J' !. 1:•a+<1t!;•tT:'...ii; ...,.Y AA CC + +r.'`.Vd• .. too fit 30I'I0d 31YQSLLOOS L60S T6C Z09 XV3 9t ST III 66/CZ/CO Dec-04-98 11 :38A P . 02 ;1939 East Eroadway'�uitc 20l Poe & Tucson,Arizona 85711 Phone:SW/323-4220•Fax:520/3Z3-4223 Brownie. INSURANCE • December 04, 1098 • • Arizona Police Athletic Federation Attn: Bill Relyea. P.O, Bok 18048 Tucson, AZ 85731-0000 Re.' Special Event Coverage Event of 4/7/99 to 4/11/99 Dear Mr. Relyea Per our conversation today, we look forward to providing you with General Liability insurance again this year for the above mentioned event. As in the past, wt: look to : ecure coverage with Scottsdale Insurance Company and will secure a liability knit of$1000,000. Additional insured's can be included again this year. We are unable to secure coverage prior to 30 days to the event. We look forward to speaking with you in late February or early March to bind the coverage and issued all required certificates. Please contact our office ifwe can be of further service. We appreciate your business. S' erely, Mary K. Ma , CI SR Account Manager • • • • • 2OO 3DIIOd 3IVQSLLODS L60S T6C Z09 XV3 6V:8T au66/CZ/CO Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: March 25, 1999 SUBJECT: Special Event Liquor License - American Legion The purpose of this memorandum is to endorse the attached special event liquor license submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Council at their meeting on April 1st. I am recommending approval based on the following factors: 1. The American Legion Post has a valid class 14 (club license) in place at 16850 Ave of the Fountains. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sale to members and guests only. A review of the record indicates that this will represent only the fourth day of the 10 allowed in 1999 under the exemption provisions. 2. During the 6pm-11pm time frame, the permit covers ail./ the area specified in the application. This is an important point since the diagram covers the church interior only and which is a controlled access point and would not include liquor in the parking lot or any exterior areas.- 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Based on compliance with the provisions of the liquor regulations, the controlled access plans enumerated in the application, and the fact that there have been no violations during previous special event requests from the American Legion, I recommend approval by the Council at their April 1st meeting. CC : ra.z- ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL pry �� Congress#150 800 W Washington 5th F1ooPECEIVE 400 W �`r � Phoenix AZ 85007 ,\1/11 I 22431 �, ; Tucson AZ 85701 (602) 542-5141 MAR 2 4 1999 l� (520) 628-6595 mitivrauu f APPLICATION FOR SPECIAL EVENT LICENSEy A service fee of$25.00F will be chhaarge per for allllydisho oared events ecksl(A.R.S.44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. 1. Name of Organization: f) = �` I N ►a�- �. �, o �✓ ?e's / ,5 S 2. Non-Profit/I.R.S.Tax Exempt Number: 5 ( r r' 3. The organization is a: (check one box only) ❑ Charitable Fraternal(must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party,Ballot Measure,or Campaign Committee ❑ Religious C i-� S 1 1L' N i l 4. What is the purpose of this event? I:3 L'l 1--0 /4' (c ✓Cl 5-5- L £f 5. Location of the event: /:34-6 / 3 /1/, fe t'ti% t1-G S j/.1).0 fe rR"q Address of physical location(Not P.O.Box) City County Zip 6. Person making application: '4 C'i-41M A .A, N'l/C /, . ' Last First Middle Date f Birth 7. Applicant's Mailing Address: / ��c''S 3 (-A/1-6 DE/- 6 Qo f—.7 11/,1-k S A Street City State Zip *IMPORTANT* 8. Phone Numbers Only: (4r 4) ?32- 6 " )- (��3 ) ��?) - Ys s' (4/ ) '�- Site Owner# Applicant's Business# Applicant's Home# 9. Date(s)&Hours of Event: (Remember.you cannot sell alcohol before 10:00 a.m.on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. �/ 1 • Day 1: - /'G / ' I 1L- i i D ti/ C., �i4 // PA Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Luc 0106 11,97 *Disabled individuals requiring special accommodations,please call the Department. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) y Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets,highway, or road if location doesn't have an address. NI\ g• yr- vi,),_) FOUNTAIN HILLS MARSHALS DEPARTMENT MEMORANDUM To: Cassie Hansen, Town Clerk From: Deputy Ken Martinez Date: 03/18/99 Subject: Consent Agenda Item for 04/01/99 This memorandum is to request that the following item be placed on the Fountain Hills Town Council Agenda for April 1st 1999. The Fountain Hills Marshals Department would like councils approval to apply to the Governor's Office of Highway Safety for a grant in the amount of Ten Thousand Five Hundred and Eighty One dollars ($10,581.00). If approved, the grant would be used to purchase a Kustom Speed Trailer. This unit is an educational tool used to promote traffic safety. L cc: Marshal Steve Gendler L 1 Chron 73 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan 'ew: REVIEWED: Ran y . Harrel, Town Engine ,,g THROUGH: Paul L;,N n`Manager DATE: March 2 999 RE: Easement Abandonment 99-05; Resolution 1999-15 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 northwesterly property line of Lot 18, Block 8, Plat 206, (12076 N. Chama Drive). The property owners of Lot 18 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the northwesterly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. Olt, 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 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 18 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-15. cc: Ramon Rodriguez, M.D. and Mirta Rodriguez Alice Funk William Scott L G:\Easement Memo\EA99-05,Rodriguez MD,Plat 206,Blk 8,Lot 18.doc When recorded, return to: ngineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-15 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 PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHWESTERLY LOT LINE OF LOT 18, BLOCK 8, OF PLAT 206, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 148 OF MAPS, PAGE 47, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and 41i5 HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the northwesterly property lot line of Lot 18, except for the northeasterly 20' as shown in Exhibit A; of Plat 206, Block 8, Lot 18, Fountain Hills, Arizona; as recorded in book 148 of maps, page 47 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 18 are 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 therefrom or existing previous to any action by the Town. Resolution 1999-15 Page 1 of 2 ASS FAIL MOTION U-D ' ;A) - 11%) i SECOND n'1 �r COUNT -1—v LIASSED AND ADOPTED this 1st day of April 1999. ATTEST: FOR TH TOWN OF FOU TAIN HILLS CA.44.: 46 Ls Cassie B. Hansen, own Clerk Sharon Morgan, Mayor REVIEWED BY: APPROVED AS TO FORM: ea(A.,_ PIA:4 P ul L. ordin, Town Manager William E. Farrell, Town Attorney L Resolution 1999-15 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 206 BLOCK 8 LOT 18 LOT 16 / / o �3L�CK/7 "' \� / LOT15 / 0 �C4\ '1O VAc° o1. 10' PUBLIC UTILITY & DRAINAGE EASEMENT/ (O S S8• ABANDONED 100 , A=90'00'00" k. 4'l . ' �, F L=31.42' LOT 19 /si ,b- 65, R=20.00, Ab'D P/ ,,,,,,, / ioliiLOT 18 / / sj• A=04.58 05 / / L=23.41' -- - / nj' �(// co :CZ- LOT 17 iStos ys• ��- Ni- LOT 16 c.� ,p gyp' / /'/ 'Sv l f,545 1'.9' \`i., gyp, 1 1 1 i1i`f.Y L. i Si- od� � SCALE: 1"=40' 7 q�'2p - s:;;1$yr DATE: 3/24/99 -, , . Chron 80 MEMORANDUM TO: Honorable ayor and Town Council J FROM: Ran g L. Harr I, Town Engineer /�'"" 4/t1 THROUGH: Paul i , town Manager DATE: March. ,1999 RE: Resolution 1999-16; 33' Roadway Easement Abandonment (EA99-06) Firerock County Club This item on the Town Council's agenda is a proposal to abandon the 33' wide roadway easement along the West Side of section 27 in Firerock Country Club. The 33'wide roadway easement showed up on the Firerock Country Club title report and was therefore shown on the Firerock Country Club Final Plat. One of the Town's plat stipulations was for Firerock Country Club to apply for an abandonment to clean up this un-needed roadway easement. The roadway easement first appeared in the property transfer from Four Peaks Cattle Company to Phoenix Title and Trust Company in 1958. It is unclear from the documents whether this was intended to be a private roadway easement or a public roadway easement. MCO has affirmed in the attached letter that they are the successor in interest to the easement grantor, and that they abandon all right to the roadway easement, if it is a private roadway easement. The Town Council, by this abandonment will relinquish the public's right to this easement. Firerock has requested abandonment of rights in the easement from the various utility companies, but not all responses have been received at this time. However, it is unclear whether the roadway easement actually conveyed any rights to the utility companies. Staff recommends adoption of Resolution 1999-16, with the following stipulation: • That Firerock LLC submits evidence of abandonment, or other resolution of utility company rights, acceptable to the Town Engineer. cc: Dan Kelly Vince Pellerito Jim Leubner Dan Schmerfeld L G:\Easement Memo\EA99-06,FireRock LLC,15925 E.Shea Blvd..doc When recorded, return to: Engineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN ROADWAY EASEMENT ALONG THE WESTERLY LINE OF SECTION 27, T3N, R6E OF THE G&SRB&M LYING WITHIN THE MASTER PLAT OF FIREROCK, FOUNTAIN HILLS, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and ,VHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain thirty-three foot roadway easement, located along the westerly line of section 27, T3N, R6E of the G&S RB&M, as shown in Exhibit A; of the Master Plat of Firerock, Fountain Hills, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. 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 therefrom or existing previous to any action by the Town. Nay Resolution 1999-16 Page 1 of 2 BASS FAIL - I MOTION ` h -F4- SECOND V DLO tr COUNT 7 _D PASSED AND ADOPTED this 1st day of April 1999. LATTEST: FOR THE TOWN OF FOUNTAIN HILLS (A.11.4A-CJ `06 � "diStrotp„. Cassie B. Hansen, Town Clerk Sharon Morgan, ayor REVIEW Y: APPROVED AS TO FORM: /11. / Paul ordin, own Manager William E. Farrell, Town Attorney L Resolution 1999-16 Page 2 of 2 "' mIX 5 I M `tom 44 Ii m N 7 L . !Z - ZN J Q Il^ J ate` y� , aN Z } +. O• N ZOO ~ O • e`+ S ; 0 ii Q � m OA zo •- m b Zw Y, ti CO /MN CO Z D .c.: e N00'06'S3"V 2404 61 -, W ,NQQ'06`58"W-, 26.40:07' Z .� z s.,, w ���\ f LI Q J� f I tiT 2 it 0 ,..„,_ . . _. ,, ..... 0 ce_•_± ,., ..,-(nr,,,,•.•--- 7.--, \.:,.._....:__,- ,,, ., . L � m �z < � _ �o-�O�. J/ 1 � Q OiT r `, comU In1W' a r7 r. LL Pc tN I m: 3 ' .. o ZW U 1 o w O W it _ 'Iv...).oc ;1 ccZ WLLJ b ` A' � C/ C/ cc W I cr 3 ' r -'/ io • ,? j / In 1 00 Q) s 1 cc m ozT 1 W Z C..D I— Q_O� C. 4! 1CV I Lo p U 1 w YW I— I CO W I Il Fr 6 4C1 1 I y A Chron 81 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Cou i,/1)' FROM: Randy L. arrel, T wn Enginee THROUGH: Paul N r ' n anager DATE: March 24 j 999 RE: Tioga Drive & Falcon Drive Paving Project Participation Agreement Tioga Drive and Falcon Drive, in the Plat 302A commercial area, have remained two of the only unpaved streets in Town. Because of the increasing commercial use in this area, the development of Desert Vista Park, and dust generation complaints, staff believes that its paving is warranted. Carume Contracting is under development stipulation to fully improve their property frontage. Chaparral City Water Company (CCWC) has agreed to pay for improvements to their lot frontage. Nancy Puffer has agreed to reimburse the Town for improvement to her lots' frontages. The reimbursement will occur upon the sale or significant building development permit on any of her lots (whichever comes first), with a recorded promissory note and deed of trust on the property to assure the reimbursement. Overall, the abutting property owners will eventually pay for $43,123 of the $71,351 estimated project cost (60%). The Town will cover the remaining $28,227 (40%), because of the wash frontage on one side of Tioga Drive. Markham Contracting will perform the major concrete and asphalt construction work under work orders to their annual contracts with the Town. (Carume Contracting, a developer participant, also gave us a proposal for that construction, which was somewhat higher than Markham's proposal.) We do not believe than an open public bid for this project will significantly lower the construction cost. The current Street Department budget (Major Road Improvements) includes $80,000 for this work. Likewise, landscaping/revegetation and preservative seal will be placed under work orders to the applicable Town annual contracts. The Street Department will install the signing and striping. We anticipate that the work will be performed in the April--August 1999 time frame. Staff recommends approval of the Participation Agreement for the Tioga Drive and Falcon Drive paving project. w bb Tioga-Falcon Participation Agreement.doc When Recorded,Return To: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269-7958 TIOGA DRIVE & FALCON DRIVE PAVING PROJECT PARTICIPATION AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 1999, by and between Carume Contracting, Chaparral City Water Company ("CCWC"), and Nancy Puffer (hereinafter "The Developers") and the TOWN OF FOUNTAIN HILLS (hereinafter "The Town"), with reference to the following facts: A. The Town required the completion of certain public street and drainage improvements to Tioga Drive and Falcon Drive among its conditions to the special use permit approval for Plat 302A, Block 1, Lot 1, for a construction storage yard (hereinafter "Carume"). Signature of this participation agreement or construction of the perimeter half-street improvements was a requirement of the building permit and special use permit. B. Carume, CCWC (owner of Plat 302A, Block 1, Lot 15), Nancy Puffer (owner of Plat 302A, Block 2, Lots 7, 8, & 9) and the Town have agreed to cooperate in a program for the improvements of Tioga Drive and Falcon Drive (the "Improvements"); NOW THEREFORE, upon finalization of the scope and the cost estimate of the work constituting the Improvements, for good and valuable consideration, the parties agree as follows: 1. The Town will be responsible for the following items: • To provide the engineering plans for the grading and paving improvements along Tioga Drive and Falcon Drive. These improvements will be constructed from Panorama to the existing pavement on Tioga Drive (at the east end of Plat 302A, Block 2, Lot 9) and from Tioga Drive to the existing pavement (at the west end of Plat 302A). • The grading and paving improvements shall consist of construction of a full pavement section along Tioga Drive and Falcon Drive including clearing and grubbing, rough grade, vertical curb and gutter, sidewalk (Tioga Drive only), scupper, asphalt pavement, signing and striping, revegetation, landscaping, and preservative seal. (Revegetation and landscape to be excluded at Carume property right-of-way.). • To complete all construction along Tioga Drive and Falcon Drive in accordance with this agreement within 12 months of the execution of this Agreement. Participation Agreement--Tioga&Falcon.doc Page 1 of 3 • To pay all additional costs required for this project, except as noted in Paragraph 2. 2. The Developers will be responsible for the following items: • Payment of $16,280 by Carume prior to the start of construction on Tioga Drive and Falcon Drive. • Payment of $8,575 by CCWC upon obtaining a special use permit for a construction storage yard for said Lot 15, or within 90 days of the date of this agreement if CCWC has not applied for said special use permit. • Reimbursement to the Town of Fountain Hills of $18,268 by Nancy Puffer, her successor, or assigns; concurrent with the sale, or upon issuance of a Town building permit, whichever occurs first, on Plat 302A, Block 2, Lots 7, 8, or 9. Nancy Puffer will execute a promissory note and deed of trust to be recorded on the above property for the amount of $18,268. 3. This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representation or modifications concerning this instruments shall be of no force and effect excepting subsequent modification in writing signed by the parties to be charged or as otherwise provided herein. 4. In the event of any controversy, claim or dispute between the parties relating to this Agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party actual attomey's fees, court costs and litigation expenses incurred in connection therewith. 5. If any clause, sentence, or other portion of the terms, conditions, covenants or restrictions of this Agreement shall be illegal, null or void for any reason or be held by a Court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ikkow Participation Agreement--Tioga&Falcon.doc Page 2 of 3 For: Carume Contracting Attested: L Tom Hulme For: Chaparral City Water Company Attested: Bob Laak For: Nancy Puffer Attested: Nancy Puff // I For: T n of Fountain Hills CoelLs Paul ordin, Town Manager Cassie Hansen, Town Clerk Reviewed by: Reviewed as to form: 2jLtttr f J Randy Harrel, Town Engineer William E. Farrell, Town Attorney L Participation Agreement--Tioga&Falcon.doc Page 3 of 3 TIOGA AND FALCON PAVING PROJECT '` Total rh Description Unit Cost Quantity Amount Carume CCWC Nancy Puffer Town Qty. Cost Oty. Cost Qty. Cost Qty. Cost Permit/Inspection Fee @ 3.25% $2,000.00 1 LS $ 2,000.00 0 $ 500.00 0 $ 500.00 0 $ 500.00 0 $ 500.00 Advance Street Sign $ 80.00 1 EA_$ 80.00 0 $ - 0 $ - 0 $ - 1 $ 80.00 Stop Signs $ 100.00 2 EA $ 200.00 0 $ 0 $ 1 $ 100.00 1 $ 100.00 Street Name Sign Plates , $ 30.00 4 EA $ 120.00 0,$ - 0 $ - 2 $ 60.00 2 $ 60.00 Stop Bar $ 55.00 2 EA $ 110.00 0 $ - 0 $ - 1 $ 55.00 1 $ 55.00 Double Yellow Centerline $ 0.40, 1400 LF $ 560.00 620 $ 248.00 290, $ 116.00 490 $ 196.00 0 $ - Revegetation&Landscaping (except at Carume's lot) $4,000.00 LS $ 4,000.00 0 $ - 800 $ 800.00 1800 $ 1,800.00 1400 $ 1,400.00 Preservative Seal $ 0.25 2541 SY $ 635.25 860 $ 215.00 340 $ 85.00 820 $ 205.00 521 $ 130.25 A Clearing,deveg,&debris $2,322.00_ 1 LS _$ 2,322.00 860 $ 795.00 340 $ 319.83 820 $ 758.50 521 $ 448.67 Demo and removal(concrete& AC asphalt) $1,450.00 1 LS $ 1,450.00 860 $ 496.00 340 $ 201.00 820 $ 473.10 521 $ 279.90 A Earthwork $7,156.50 1 LS $ 7,156.50 860 $ 2,453.40 340 $ 987.00 820 $ 2,340.60 521 $ 1,375.50 A Pave 2"AC on millings $ 7.60 2541 SY $19,311.60 860 $ 6,536.00 340 $2,584.00 820 $ 6,232.00 521 $ 3,959.60 C 6"VC&G MAG 220A $ 7.50 1338 LF $10,035.00 290 $ 2,175.00 125 $ 937.50 260 $ 1,950.00 663 $ 4,972.50 C Sidewalk MAG 230 $ 1.85 4648 SF $ 8,598.80 4648 $ 8,598.80 Sidewalk ramp MAG 321 (labor C only) $ 225.00 1 EA $ 225.00 LS $ 112.50 LS $ 112.50 care Sidewalk scupper MAG 206 $1,500.00 1 EA $ 1,500.00 1 $ 1,500.00 Ribbon curb MAG 220B $ 7.50 44 LF $ 330.00 30 $ 225.00 14 $ 105.00 C Valley gutter MAG 240 $ 4.75 300 SF $ 1,425.00 150 $ 712.50 150 $ 712.50 A Sewer cleanout MAG 270 $ 195.00 1 EA $ 195.00 1 $ 195.00 A Water valve adjustment $ 195.00 2 EA $ 390.00 2 $ 390.00 A Survey monuments $ 60.50 8 EA $ 484.00 4 $ 242.00 2 $ 121.00 2 $ 121.00 A Rip rap $ 50.50 11 CY $ 555.50 50.5 $ 555.50 A Export dirt $ 6.54 875 CY $ 5,722.50 220 $ 1,438.80 304 $ 1,988.16 351 $ 2,295.54 A Supervision $2,013.00 1 LS $ 2,013.00 LS $ 503.25 LS $ 503.25 LS $ 503.25 LS $ 503.25 A Mobilization $1,932.00 1 LS $ 1,932.00 LS $ 483.00 LS $ 483.00 LS $ 483.00 LS $ 483.00 TOTAL $71,351.15 $16,280.45 $8,575.08 $18,268.11 $28,227.51 Carume: $ 16,280 CCWC: $ 8,575 Puffer: $ 18,268 Town: $ 28,227 TOTAL: $ 71,351 Town Furnished. AC Millings in lieu of 6"ABC. Tioga&Falcon Paving Project.xls 3/24/99 When recorder return to: Town Engineer Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills,Arizona 85268 L PROMISSORY NOTE DATE: March 24, 1999 FOR VALUE RECEIVED,the undersigned promise(s)to pay to the TOWN OF FOUNTAIN HILLS,at 16836 East Palisades,Building C,Fountain Hills,Arizona,the principal sum of EIGHTEEN THOUSAND TWO HUNDRED SIXTY-EIGHT DOLLARS ($18,268.00);payable as follows: Payment in full shall be due upon the earlier of either of the following with respect to the property described as Lots 7, 8 and 9,Block 2,Fountain Hills,Arizona,Final Plat 302-A,According to the plat of record in the office of the County Recorder of Maricopa County,Arizona,in Book 164 of maps,Page 43: 1. Sale, whether voluntary or involuntary,or foreclosure of any lien of record on the herein- described property;or 2. Submittal to the Town of Fountain Hills by Promisor of an application for a building permit for the herein-described property. Principal and legal interest payable in lawful money of the United States of America. This Note is secured by a Deed of Trust on real property described above. Should default be made in the payment of principal thereon, as above provided,or other default occur in the performance of or compliance with any of the covenants or conditions of said Deed of Trust or Mortgage,then in any such event the holder may,in addition to such other remedies or combination of remedies holder may have under law and equity,declare the whole sum of principal and interest immediately due and payable. Should this Note be signed by more than one person,all of the obligations herein contained shall be the joint and several obligations of each signer hereof. This Note may not be changed orally,but only by an agreement in writing and signed by the party against whom enforcement or any waiver,change,modification or discharge is sought. Should suit be brought to recover on this Note,I,we or either of us promise to pay a reasonable attorney's fee in addition to the amount found due on this Note. The makers and endorsers hereof severally waive diligence,demand,presentment for payment and protest,and consent to the extension of time of payment of this Note,without notice. L Pa e l of 1 Puffer promissory Note EM1Y DOCUMENTSTUFFER NOTE.DOC When recorder return to: Lie Town Engineer Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills,Arizona 85268 DEED OF TRUST DATE: March 24, 1999 TRUSTOR: Nancy Puffer,an unmarried woman,as to an undivided one-fifth interest,as her sole and separate; Nancy Puffer, as Trustee UTD 4/15/72, for the benefit of Timothy Daniel Puffer, to an undivided one-fifth interest; Nancy Puffer as Trustee UTD 4/15/72, for the benefit of Michael David Puffer, an undivided one-fifth interest; Nancy Puffer as trustee UTD 4/15/72, for the benefit of James Anthony Puffer, an undivided one-fifth interest; and Nancy Puffer, as Trustee UTD 4/15/72,for the benefit of Robert Bruce Puffer, an undivided one-fifth interest;together as tenants in common Address: 12027 Falcon Drive Fountain Hills,Arizona 85268 BENEFICIARY: Town of Fountain Hills Address: 16836 East Palisades,Building C Fountain Hills, Arizona 85268 TRUSTEE: First American Title Company Address: 16921 East Palisades Boulevard Fountain Hills,Arizona 85268 PROPERTY in Maricopa County, State of Arizona, described as: Lots 7, 8 and 9,Block 2,Fountain Hills,Arizona,Final Plat 302-A,According to the plat of record in the office of the County Recorder of Maricopa County, Arizona, in Book 164 of maps,Page 43. THIS DEED OF TRUST is made on the above date between the Trustor, Trustee and Beneficiary above named. Puffer Deed of Trust Page 1 of 5 E\MY DOCUMENTSIPUFFER DEED OF TRUST.DOC WITNESSETH: That Trustor irrevocably grants and conveys to Trustee in Trust, with Power of Sale, the above described real property together with leases, rents, issues, profits, or income thereof(all of which are hereinafter called "property income:); SUBJECT HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such property income; AND SUBJECT TO existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. FOR THE PURPOSE OF SECURING: A. Performance of each agreement of Trustor herein contained. B. Payment of the indebtedness evidenced by promissory note or notes of even date herewith,and any extension or renewal thereof,in the principal sum of Eighteen thousand two hundred sixty-eight dollars($18,268.00)executed by Trustor in favor of Beneficiary or order. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR AGREES: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer, or permit any act upon said property in violation of law; and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. 2. To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of Trustee's sale hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses of Beneficiary and Trustee,including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear or be named,and in any suit brought by Beneficiary or Trustee to foreclose this Deed of Trust. 4. To pay before delinquent, all taxes and assessments affecting said property; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of the Trust, including, without limiting the generality of the foregoing, the fees of Trustee for issuance of any Deed of Partial Release and Partial Reconveyance,or Deed of Release and Full Reconveyance,and all lawful charges,costs and expenses in the event of reinstatement of,following default in, this Deed of Trust or the obligations secured hereby. Should Trustor fail to make any payment or do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay., purchase, contest, or compromise any encumbrance, Puffer Deed of Trust Page 2 of 5 E:\MY DOCUMENTS\UFFER DEED OF TRUST.DOC charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such power,pay necessary expenses, employ counsel and pay his reasonable fees. 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof,together with interest from date of expenditure at the same rate as is provided for in the Note secured by this Deed of Trust or at the highest legal rate, whichever be the greater rate. Any amounts so paid by Beneficiary or Trustee shall become a part of the debt secured by this Deed of Trust and a lien on said premises or immediately due and payable at option of Beneficiary or Trustee. IT IS MUTUALLY AGREED: 6.That any award of damages in connection with any condemnation or any such taking, or for injury to the property by reason of public use, or for damages for private trespass or injury thereto,is assigned and shall be paid to Beneficiary as further security for all obligations secured thereby(reserving unto the Trustor,however, the right to sue therefor and the ownership thereof subject to this Deed of Trust), and upon receipt of such monies Beneficiary may hold the same as such further security, or apply or release the same in the same manner and with the same effect as the above provided or disposition of proceeds of fire or other insurance. 7. That time is of the essence of this Deed of Trust,and that by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 8. That at any time or from time to time, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and said note(s)for endorsement; and without liability therefor,and without affecting the personal liability of any person for payment of the indebtedness secured hereby, and without affecting the security hereof for the full amount secured hereby on all property remaining subject hereto,and without the necessity that any sum representing the value or any portion thereof of the property affected by the Trustee's action be credited on the indebtedness,the Trustee may: (a)release and reconvey all or any part of said property; (b)consent to the making and recording, or either,of any map or plat of the property or any part thereon; (c)join in granting any easement thereon; (d)join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge hereof. 9. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note(s)to Trustee for cancellation and retention, and upon payment of its fees,Trustee shall release and reconvey, without covenant or warranty,express or implied,the property then held hereunder. The recitals in such reconveyance of any maters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." 10. That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority,during continuance of this Trust,to collect the property income,reserving to Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such property income as it becomes due and payable. Upon any such default, Beneficiary may at any time, without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured,enter upon and take possession of said property or any part thereof,in his own name sue for or otherwise collect such property income, including that past due and unpaid, and apply the same, less costs and expenses of operation and collection,including reasonable attomey's fees,upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collection of such property income, and the application thereof as aforesaid, shall not cure or waive any default or notice of Puffer Deed of Trust Page 3 of 5 E:\MY DOCUMEN7S\PUFFER DEED OF TRUST DOC Trustee's sale hereunder or invalidate any act done pursuant to said notice. 11.That upon default by Trustor in the payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written notice thereof, setting forth the nature thereof,and of election to cause to be sold said property under this Deed of Trust. Beneficiary also shall deposit with Trustee this Deed of Trust, said note(s), and all documents evidencing expenditures secured hereby. Trustee shall record and give notice of Trustee's sale in the manner required by law,and after the lapse of such time as may then be required by law,Trustee shall sell,in the manner required by law, said property at public auction at the time and place fixed by it in said notice of Trustee's sale to he highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone or continue the sale by giving notice of postponement of continuances by public declaration at the time and place lat appointed for the sale. Trustee shall deliver to such purchaser its Deed conveying the property so sold,but without any covenant or warranty, expressed or implied. Any persons, including Trustor, Trustee, or Beneficiary , may purchase at such sale. After deducting all costs, fees, and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale and reasonable attorney's fees,Trustee shall apply the proceeds of sale to payment of: All sums then secured hereby and all other sums due under the terms hereof, with accrued interest; and the remainder,if any, to the person or persons legally entitled thereto, or as provided in A.R.S. 33-812. To the extent permitted by law,an action may be maintained by Beneficiary to recover a deficiency judgment for any balance due hereunder. Beneficiary may foreclose this Deed of Trust as a realty mortgage. If the property under this Deed of Trust is located in more than one county,regardless of whether the property is contiguous or not,the Trustee may sell all of said property in any one of the counties in which part of said property is located; and,unless Trustee receives contrary written instructions from the Beneficiary or Trustor, Trustee may sell all of said property either in parcels or in whole. If the indebtedness secured hereby is secured by one or more other Deeds of Trust, then upon default of Trustor in the payment of said indebtedness or performance of any other agreement secured hereby,the Trustee may sell the property subject to the Deed of Trust and to any other Deeds of Trust securing said indebtedness at Trustee's sale conducted serially. In the absence of written instructions from the Beneficiary to the contrary, the Trustee may, in its sole discretion, designate the order in which property subject to the various Deeds of Trust is to be sold. 12. That Beneficiary may appoint a successor Trustee in the manner prescribed by law. A successor Trustee herein shall, without conveyance from the predecessor Trustee, succeed to all the predecessor's title, estate, rights, powers and duties. Trustee may resign by mailing or delivering notice thereof to Beneficiary and Trustor. 13. That this Deed of Trust applies to inures to the benefit of,and binds all parties hereto,their heirs,legatees, devisees, administrators,executors, successors and assigns. The term Beneficiary shall mean the owner and holder of the note(s) secured hereby, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 14. The Trustor/Mortgagor hereby waives, releases and discharges any homestead exemption claimed or declared against the property. LBeneficiary named on this Deed of Trust shall be subrogated to the lien,notwithstanding its release of record Puffer Deed of Trust Page 4 of 5 E:VNY DOCUMENTS\FUFFER DEED OF TRUST.DOC of any prior mortgage, Trust Deed or other encumbrance paid or discharged from the proceeds of the note secured hereby or from any advance made by the Beneficiary. This right of subrogation shall not be affected by the creation or declaration of homestead on the property. 15. That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of Trustee's sale hereunder be mailed to her at her address set forth herein. 7 /(2/2 STATE OF ARIZONA ) ) ss County of Maricopa ) This instrument was acknowledged and executed before me this 24th day of March , 1999,by Nancy Puffer. it5'.il-ter Notary Public My Commission Expires: May 15, 2001 -OFFICIAL SEAL BETTY BRANNON NryPIIWb•8dYofAt(son a MARICOPAoomm. COUNTY Puffer i ! My �xpbs wy pot11 L Puffer Deed of Trust Page 5 of 5 E\MY DOCUMENTS\PUFFER DEED OF TRUST.DOC TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: March 25, 1999 SUBJECT: Final Plat for" Final Plat SunRidge Canyon G-South, Lot 33 &Tract "E". This plat is a request by Wood Patel for Edmunds Toll which would approve the Final Re- Plat SunRidge Canyon G-South, Lot 33 & Tract "E"., moving the northern property line of Lot 33. Please refer to the attached staff report for additional details regarding this request. L �r TOWN OF FOUNTAIN HILLS STAFF REPORT April 1, 1999 CASE NO: S99-008 LOCATION: Final Re-Plat SunRidge Canyon G-South, Lot 33 &Tract "E". REQUEST: Consider approval of a replat for Final Plat SunRidge Canyon G-South, Lot 33 &Tract "E", moving the northeastern property line of Lot 33 removing an irregular jog from the lot. DESCRIPTION: OWNER: Edmunds-Toll L.P. APPLICANT: Wood Patel Assoc. for Edmunds-Toll L.P. EXISTING ZONING: "R1-6 A" EXISTING CONDITION: Lot 33-Vacant, Tract "B"-open space SURROUNDING LAND USES AND ZONING: NORTH: Single family: zoned "R1-6A" SOUTH: Open space: zoned "OSR" EAST: Open space: zoned "OSR" WEST: Open space: zoned "OSR" SUMMARY: This request is for final plat approval of a Replat for "Final Plat Final SunRidge Canyon G- South, Lot 33 & Tract "E" which moves a common lot line. The applicant proposes to remove an irregular jog from the property line creating a more buildable rectangular lot. Due to the simplicity of this request a fast track process was allowed. The applicant, Wood Patel, has applied to reconfigure these lots by moving the common lot line. A building permit was applied for and the jog restricted the building envelope in an irregular manner and the reconfiguration of these lots will allow for the construction to be permitted and be in compliance with zoning codes. The new configuration will meet all the requirements of the "R1-6 A"Zoning District for size and dimensions. RECOMMENDATION: The proposed lots are in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S99-009" Final Plat SunRidge Canyon G-South, Lot 33 & Tract "E". subject to square footage of the revised lots place on the plat prior to recordation. r L MAR-26-99 FRI 02: 15 PM WOOD/PATEL FAX NO, 2341322 P. 02 - ,,no, �t c> A IldtiOS .3.14321rd NOANV3 $OOMNAS d0 < F, y6 L!�' OAtriso" Pit i � alit' li gin — iiSv 4 IA w a t. PYiw Ft tjks°E !P , , _.. e11 3si�1Y ,,.,,, . ,. ,.. - _,,,, :: . it5 c_B sal as",E. F, s' =5�Y m , 7 4.O urt Lg 5 4. a' w En N A. t _ cure` y;Y yt a. Li.' t. ^ m ��� i ;�. m m N o , FSSF.,Q Cl ? :� 4= �: % 1, c FF of 0. Q O.7, U w - a8x y li : E. s19 Si h kiln °i� L /�/��� :4 :: y°ram t;i EA; y L ►. 4 ..d '� �. 1� Y9r` .n r.r T GC I C7 4ty L ^4 b i Y o., z Q' P 4 cr 1 i : _IA - " GA 8s te4b A " -° ` Y i_sawrte.. F. 0 Gs" - a V. ...Pi - i¢1 r A =2 b.z9 Y. 8 IA "cd i, x 0.. A 7.. 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Y G S MAR-26-99 FRI 02: 15 PM WOOD/PATEL FAX NO, 2341322 P. 03 N11tOS ,0.1e23Yd NOLIdV3 d00RlNQS 40 �,1�" �IA!3a �J \ ,3„ ,iovai UNV SE Lot ,�o Lt�'Id:�2I tA o � - �f4.g''6 6 3gg12 3ra " - n W~ / ter'' `.�__ / a6 \\ • rn yc f / v \\ « ‘ Via/ . ,' \\ / 111 \Oe` wie4` `%..a, _...„,- PI re) �, / 4 \ \ Ya - a NC Lt'c:�. iy '� Ui 6 if..,,, / // ` ' ~ U.S.(., CO / 1 ey;,.. h •-. r.` : rij No m/ M y,4v ' gW VC1 ` O / � 0w E QC / � y AY•. ,... N,.1 i J V " N .. _ L A/ is ............, ilk / / �� N `v .��U a 'e: '44Qc1L'u'loa: •'oC^L23So:;ilri /•l�c. N w r /y Or m 7 C4 Li ,4 • �� ` c+� nc�pmw .Ztci u MnN..i {� �. aw�p U u w -t.c� ..��V4, • . fi ,ln' z ,y.. m .., n \ V7 Upj d uu r3 r"f- - VI< •a - f1fZ1: O. vo o • S \ \.41 CC:CO y+ All); 0 \ 40. ,, IU! bI o li•d,^,.0M! MEMORANDUM TO: Honorable Mayor and Town C cil FROM: Randy L. Harrel, Town Engine I ��, THROUGH: Jeff Vale Dire. .r of Community Development 614/s v THROUGH: Paul L. i r. n Manager DATE: March 25, 1999 RE: Replat of Lot 6 and •arcel B, Block 6, Plat 201 (PD98-01) Subdivision No. S99-09 On January 7, 1999, the Town Council accepted the bid from Stephan and Tina Super for the sale of portions of the above Parcel B, and direct staff to initiate and process a replat of the new configuration for Lot 6 and Parcel B. This agenda item is the consideration of approval of that replat. Basically, the Super's purchased a portion of Parcel B which becomes part of Lot 6, and the remainder of Parcel B (the remaining Town portion) is dedicated as alley right-of-way, since it contains a cul-de-sac bulb for the dead-end alley. There are no public improvements required with this replat, so it is being handled on a "fast-track" basis as a final plat. The Engineering and Planning Departments have reviewed and approved the plat. Staff recommends approval of the final replat of Lot 6 and Parcel B, Block 6, Plat 201. cc: Jeff Valder Jim Leubner Ken Valverde Stephen and Tina Super L G:\Easement Memo\Super-Replat Parcel B,BIk 6,Plat 201.doc - �� <gWW W 1.1: 4,c, C7 Il- ea lmm N isli nY,,tiii',Rr. :.! . o Z 1 t ; W Z i,:!!; � saa� a a= m <�Q ~ `oggggxgg :41:2ECC::: n W 1r a z O , s 'aae. Nm kl IeQ Q. - o 'O s . aa F as __ me , 1 4 1 iell 1 ZJ Qc �n =a F O o Qa =m Z -' uN <� I LL � o p I- n Q Z a a � W a N w 0 W €.g 6 b 4: LL • 5 'Z 'T o rt g� a s 8 s O o m era 6 ` aD Z a a ED <g a O Q. J ,.,o .. .tga2 m Xea gaXdXi: 4 ro W JY `26 _ 0 w g Y w JZ o Q — m ¢ _ \ \ w L� LL Z \ m 11 \N 1 N o W J O N M m n NK L f U O U. O Q K II J �t ...\\.. c.,J \.... _ __ _. _,.....(0._ 'Z'y •� Jam .,. Z4\...1,.. w� o0 0 o ra ,�.PVC \''' � / // 8 •``ll N N 0 O� .O b y Vf0' / / Z Sp oa J o _` ) c / n� ‘\''' ':° ,t my ♦♦ i� .e / °611 \ Va50 7 / d6,, ♦ of / Nalk VC'.. / bl` o / �y0 mW F N°i i � / 0� °� I �. ti 8 mt �� / 66. \� H N Od itti FI.� / / NK '?'2 ?c,. 7 o '- i • Q 0 w a � ce W O 2Off, dto `S♦ / / E98 Ca a y a L . -------\ , op/ g. 1, mm N V 13 Lcl i� / W • !33 R ` o K 9% en 0: 0' 4 yak Chron 410 1/4 TOWN OF FOUNTAIN HILLS MEMORANDUM Aff - 1- 1 Pet TO: Honorable M yor and Town Council a j FROM: Ran . Har Town Enginee THROUGH: Paul i o n Manager DATE: Decemb r 29, 1998 RE: Award of Property Sale Bid Plat 201, Parcel B, Proposed Tracts 1 and 2 On August 2, 1998, the Council voted to sell the above "excess" land at a sealed bid auction. A copy of the published invitation to bid is attached. Stephan and Tina Super, owners of one of the adjacent lots, submitted the only bid for the properties. Their bid of $220.55 for Tract 1 and $622.65 for Tracts 1 and 2 meet the specified minimum bid. LIn accordance with the invitation to bid, the Super's have requested, via the attached letter, that the Town initiate a replat of Parcel B (these two tracts plus proposed right-of- way) and their adjoining Lot 6. The replat will be prepared by Town staff, and submitted to the Planning and Zoning Commission and Council for approval. Staff recommends that the Council: • Accept the Super's bid of $622.65 for the sale of Tracts 1 and 2, and direct/authorize Staff to prepare/sign all necessary sales documents. • Direct Staff to initiate and process a replat, consisting of Lot 6 and Parcel B. bb att. Invitation to Bid Super's replat request letter cc: Stephan & Tina Super Janice Baxter Ken Valverde L Property Sale Bid Award.doc TOWN OF FOUNTAIN HILLS PUBLIC NOTICE - SALE OF REAL PROPERTY INVITATION TO BID ( EXIINN 'A' NOTICE IS HEREBY GIVEN that the Town of Fountain TOWN OF FOUNTAIN HILLS Hills will offer for sale two tracts of land which are PROPOSED PROPERTY SALE currently parts of Parcel "B" of Plat 201. These properties °L'' zo'• %�"s '`Rc=_ a are located immediately adjacent to Lots 6 and 7 of Plat —- 201 along the west side of the paved alley that runs parallel to Saguaro. The area is zoned R 1-8. The deed to this .-' ye. %o property shall be restricted to prohibit construction of a ar�- trz- primary structure on either tract individually or on both '°' \ �.OI ar" r -_ tracts combined. The minimum bid shall be not less than 'a �y "°'� ten cents ($.10) per square foot. Upon request from the ,� :. LOT a�; LOT I successful bidder(s), the Town will initiate and process a 't e 's�%d, \ �:°s.co. replat of these tracts and/or adjoining property. r� �:\ �''-0 '� _ Sealed bids will be accepted ED PROPOSED' a ,, . Ts p until 2:00 PM on Monday, TRACT 1 a. v � ma SF ioa • +� December 21, 1998. \ PRao1® WI EXPT110 PARCEL 0 �•s as (TO 0E RICO/FIGURER ‹;r'-'4'-- I Y y dal Jii cminw'mow T \mot: MYa T� 1 Ian '\ i Published: December 2 and 9, 1998—The Times of Fountain Hills Post: Standard Town posting location L Sale of Real Property.doc TOWN OF FOUNTAIN HILLS DEC 291998 December 28, 1998 ENGINEERING DEPARTMENT Town of Fountain Hills 16836 E. Palisades P.O. Box #17958 Fountain Hills, AZ 85269 Attn: Mr. Randy Harrel Dear Mr. Harrel, As the high bidder for Parcel B of Plat 201, Tracts 1 and 2 we request the town to initiate and process a replat of Tracts 1 and 2 for Lot #6. We also request Title Insurance to insure that those Tracts are free and clear of any debts or liens. If you have any questions, we can be reached at 816-0161. Thank you for your time in this matter. Sincerely, cvhQc� Stephen & Tina Super L IMAcINc EcoV: i' 3OU R.CEO I Nc. April 1, 1999 Final Report to the Town of Fountain Hills Review of Grant The two major portions of the grant we received from the Town of Fountain Hills and the Fountain Hills School District are: • To offer intensive outpatient treatment for a specific number of patients as determined by the provider Imagine Recovery Resources will provide Intensive Outpatient Treatment to ten chemically dependent adolescents from the Fountain Hills Community. The use of these funds will be limited to an as needed basis. Prior to granting a scholarship to a Fountain Hills teenager, their parents and the teenager must complete a chemical dependency assessment. They will also complete a Financial Disclosure Form. This service will be provided at our North Scottsdale location. _ • To target adolescents from grade levels 6-12 in the local school district �' • We will continue to work with The Fountain Hills United School District to compliment their programs and support the schools in any way possible. We have run groups with "at-risk" students, helped design intervention programs, and spoken at school functions for students and parents. Our involvement with the District will include all of what we have been performing, and any other services, which they may require of us. Review of Services Provided We were funded for a total of ten Intensive Outpatient Program (IOP) scholarships. To this date we have used approximately 9.3 of the scholarships. This quarter we used 2.3 more of the scholarships. This quarter the support group attendance has been lower than expected. Our understanding of the grant was that we would be working with the middle and high schools and receive referrals,of all of their students who were either caught on campus or who were suspected of using drugs or drinking. The support group was designed initially for those kids who we evaluated who did not need treatment, per se, but just a support group of sober teens. As of this date,we have received one referral from the school district this year.A comparison with contiguous school districts shows their usage of their perspective intervention programs to be between 5 and 15%, as demonstrated by the chart below. 9318 N.95TL1 \VAY.5UITE 101.5COTT6DALE.AZ 85258 (602)614-3444 • FAX(602) 614-3888 Middle &High School Students %of Population Served as of Student 2/28/99 Population Mesa School District SAMS 14,100 700 _ 5% Scottsdale School District 13,500 2,000 15% Scottsdale Prevention Institute Fountain Hills School 1308 1 District As of this date, since receiving the grant we have treated eleven adolescents from Fountain Hills. Of that number, seven are actively working a program of recovery. We are not satisfied with the lack of referrals from either the middle school or the high school, but given the fact that this was the first chemical dependency intervention/treatment services offered in the community,we accept this as a foundation, from which to grow. Support Group Parent Adolescent Attendance Appointments Appointments 01/07/99 0 0 0 01/14/99 1 1 1 01/21/99 0 0 0 _ 01/28/99 0 2 2 - _ 02/04/99 0 0 0 02/11/99 1 0 0 02/18/99 0 1 1 02/25/99 0 0 0 03/04/99 1 1 0 03/11/99 0 0 0 03/18/99 0 0 0 03/25/99 1 1 1 Total Appointments 6 5 Thank You, . 2../ ;% 4 ai/--x ii ._ _ H.Anthony Bas CMSW CEO L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: March 26, 1999 SUBJECT: S99-005; Final Replat for "Fountain Hills Plat 505-A, Block 2, Lot 33" a lot split project. This is a request for Preliminary and Final Plat approval of a lot split located at 15554 E. Tepee Dr. Planning & Zoning Commission recommend approval of the preliminary plat and staff recommends approval of the final plat. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. � � ligi �i"� k ill 55 m iii 3 i I:la$ y i I r (kW gqi Plitill v 1111 a � Iz 11 1 it ill z I t iil l ;rig m $ R4 . ill r C IA ion°"il e Bi ills ii 0 -cv s Z _1 i a'C`/` • 3; — T. .. t%, ,,;4° -- '.:, ' PIA • Z \):).;(°2' i' 2 r`� ,6 ;-- , r I- -H CDx) \ 14 1 ' 1k1 41 4(glij d 114 ‹, v Ell p3 ,. 5 0411:411011 olkIVS 'kb, •,3* <z :IP N —I (kw "di .. ill ili. ,w,7sy y Ilk, 10 I , 01 IV. ,v igi! 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""'x d d d'T"Pbayy a£'"y-�,rl'pY ''!`3i g 5#111A yy{I.1'�a vs- fp ` t dY JW 7 S „ A t y <,6 F i Aa yk ��`1 to r,�v. a ,K ,,.tr.� o- ,f � ,,,,,,,,,,,,,A,,,,'??.:),:,lic,+§„,'INkxmk5t841:11k,....1.:‘,,zalekvtiiiiklaliklikmill:1/44:11x.,,,,,,,,,,..411115*„.„. 4, ._,,....,,, "° ue. 1 `: 1111111.11105, /\ 446. 4, „k, ,..., . , , '',._ ,,,. .. ,,,,--,,,,,,AS i4 �' I_ OT 33B � \,,,,, ‘,.. 1.1 �Y J Coils Range Beg. Range End Aree Percent \ ■ 0.00 10.00 241g 4.3 ■ 10.00 20.00 1510.76 20.6 20.00 30.00 3512B.77 65.9 ■ 30.00 500.00 5126.77 9,2 TOWN OF FOUNTAIN HILLS cor MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plann DATE: December 11, 1998 SUBJECT: Preliminary Plat for FireRock Country Club Parcel "D (S99-001" and Cut & Fill Waiver for Parcel "D" (CFW-99-01). Please find attached Planning and Zoning Commission report for the aforementioned applications. Staff has combined the reports for the Preliminary Plat and the Cut & Fill. The Planning and Zoning Commission reviewed these applications on March 25, 1999. Both of the requests were unanimously recommended for approval by the Commission following a recommendation for approval by staff. Please refer to the attached Planning and Zoning Commission report for additional details regarding these requests. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT APRIL 1, 1999 CASE NO.: S99-001 &CFW99-01 LOCATION: East of FireRock Country Club Drive and north of Tombstone Ave, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "D" Subdivision, which is a 55.42 acre, 41 lot, 2 tract subdivision and a Cut and Fill waiver for a 17.9 foot, 13.2 foot and two 12.1 foot cuts. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 55.42 Acres PROPOSED NUMBER OF LOTS: 41 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant,zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant,zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "D" Subdivision and a Cut and Fill waiver for a 17.9 foot, 13.2 foot and two 12.1 foot cuts, located east of FireRock Country Club Drive and north of Tombstone Ave. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. 3. The request for a Cut and Fill waiver for a 17.9 foot, 13.2 foot and two 12.1 foot cuts. L Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 57-144 units and a proposed unit count of 46 units. Parcel "D"proposes 41 lots. The proposed preliminary plat is in substantially different from proposed plat in the FireRock Country Club Area Specific Plan but meets the adopted development agreements. The major differences between the proposed plat in the ASP and the proposed preliminary plat now under consideration is a reduction in the amount of street area and a five lot unit count reduction. While the Development agreements do not grant the over-length cul-de-sac for Parcel "D", they do permit a 4,000 foot long hillside road for this plat. Staff feels that the reduction in lots and roadway area greatly improves the proposed plat. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "D" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. ,► Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "D" is sloping hillside with areas of moderate to severe slopes. Slopes of 20-30% are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1-5 and lot 14. 30% slopes are scattered throughout the subdivision with the majority in the northwest quadrant of the plat. The subdivision proposes one extended new cul-de-sac street off of a loop road connecting FireRock Country Club Drive and Tombstone Ave.. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "D" are below the allowable disturbance limits. The on and off-site subdivision Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 3 improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on October 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Community Development Department: 1. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. RESPONSE: Please see revised preliminary plat. P' 2. The required square footage area of natural preservation as required by the supplemental Development agreement must be included on the final plat on a lot by lot basis. Please provide a table with the required square footage of preservation for each lot. RESPONSE: Agreed. A separate chart has been presented that lists preliminary building envelopes for each lot. 3. NBE's to be placed along street side yards, not front yards. Front yards are always the shortest street frontage. RESPONSE: Please see revised preliminary plat. 4. Roadway grading is excessive on lot 2. Use terraced retaining walls to bring cut back down the hillside. Additionally, on lot 2 the NBE is to be placed along D-STREET2. If the lot line between lots 1 & 2 could be moved to the street intersection, no NBE would be required and the easement would not cut the lot. RESPONSE: Retaining walls will be utilized along Lot 2 to minimize the cut slope. 5. Utilize terraced retaining walls on road cuts visible from Shea Boulevard. RESPONSE: FireRock will do what it reasonably can to minimize slopes and their visual impact from Shea Boulevard. Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 4 6. Staff is concerned about the buildability of lots 8-16, slopes average at 29-30%. Does the example provided work on slopes of this percentage? RESPONSE: Yes. 7. Is the section easement a roadway easement? If so, the easement shall be abandoned by whoever holds the easement and proof of the abandonment shall be submitted to the Town. RESPONSE: The easement was granted in 1958 by Four Peaks Cattle Company to Phoenix Title and Trust Company. It appears neither entity exists but the abandonment papers have been sent out. 8. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. RESPONSE: Agreed. (ibir 11. Sections 503 (C) (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade of the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three-foot horizontal to every one-foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependent on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one-foot vertical. The proposed roadway grading plans for DSTREET2 are inconsistent with Sections 503 Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 5 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Recommend that the area of the 17.9-foot cut utilize retaining walls. RESPONSE: Agreed. 12. Provide street names for new roads. RESPONSE: Street names will be provided at final plat stage. 13. All Subdivisions will be replats of the FireRock Country Club Master Plat. Reflect this in the subdivision titles. RESPONSE: See revised preliminary plat. 14. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that a homeowners' association will maintain these areas. RESPONSE: Agreed. 15. Lot 31 on sheet 8 of 9 is "Tract C" on the Key Sheet 2 of 9! Which is it? If a lot, show setbacks. If a tract, provide a 1' VNAE along Tombstone. RESPONSE: This area was mislabeled. Lot 31 is a lot and not a tract. See revised preliminary plat. 16. Number lots the same between the Key Sheet and Sheets 7 & 8 of 9. RESPONSE: See preliminary plat. 17. Provide a H.P.E. of Tracts "B & C". RESPONSE: See revised preliminary plat. Fountain Hills Engineering Department: Note: All comments are number keyed on each sheet. Liv General Comments: Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 6 1. Provide soils report with final plat submittal. Agreed. 2. Submit survey closures for legal description. Agreed. 3. Show all easements (PUE, S/W, DE, VNAE, etc.). See revised preliminary plat. 4. Plat bearings and distances are to match legal descriptions. Agreed. 5. Provide and show separate sewer and water services for each lot with improvement plans. See revised preliminary plat. Preliminary Plat—Sheets 1 through 9: Sheet 1 of 9: Darken or use a wider line for showing Parcel "D" plat boundary limits. Show street names on index map. See revised preliminary plat. Street names will be provided with the final plat submittals. Sheet 2 of 9: 1. Show water and sewer lines within the street, fire hydrant locations, etc. See revised preliminary plat. (1169 Sheet 3 of 9: 1. Water main line to be placed 2' from gutter edge (not 1' from gutter edge). Agreed. 2. Show road contour elevations and percent grades (maintain <15% for hillside street). See revised preliminary plat. 3. Show pipe size and catch basins near FireRock Country Club Drive intersection and channel connection to culvert/pipe. Show drainage easement. See revised preliminary plat. 4. Label (5') sidewalk width. Plan has been revised. 5. Show "hillside local" street diagram and delete "local" street diagram. Plan has been revised. 6. Label/delete line-shown behind curb on FireRock Country Club Drive. Line has been deleted. 7. Label 8' PUEs. Plan has been revised. 8. Show the ratio and detail of cut slope design planned to be used (be more specific on detail). The cut slopes are as shown on the details page. 9. Label/clarify street structure in cul-de-sac. See revised preliminary plat. 10. Access to several lots will exceed the Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5 and 8. A worst case lot scenario is represented on the preliminary plat. Sheet 4 of 9: Notes 2, 4, 7 and 8 are the same as Sheet 3. Same response as given prior. See revised preliminary plat. 1. Show three 8" water line valves at all T-intersections and place water main line 2' from edge Planning ans Zoning Commission Report 4110, FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 7 of gutter. Show all valves at 800' (max) spacing. See revised preliminary plat. 3. Show where street water discharges. Show drainage easement, if needed. See revised preliminary plat. 5. Provide sight easements where shown (lots 4 and 20) and grade hill slopes to provide a clear sight line. See revised preliminary plat. Road was redesigned based on Town comments to minimize grading. 10. Access to several lots will exceed the Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 9, 10, 12, 13, 14, 4 and 16. A worst case scenario is represented on the preliminary plat. Lots 12 and 13 will share common driveway access. 11. Add 1' VNAE along lot 4 frontage within sight easement area. See revised preliminary plat. Road was redesigned based n Town comments to minimize grading. Sheet 5 of 9: Notes 2, 4, 7 and 8 are the same as Sheet 3. Same response as given prior. 1. Show where street water discharges. Show drainage easement if needed. See revised preliminary plat. 3. Maintain 2' distance from water main line to edge of curb. See revised preliminary plat. 5. Assure proper spacing of water valves. See revised preliminary plat. 10. Access to several lots will exceed the Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lot 22. A worst case scenario is represented on the preliminary plat. Sheet 6 of 9: Notes 2 and 7 are the same as Sheet 3. Same response as given prior. 10. Access to several lots will exceed Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lot 23. A worst case scenario is represented on the preliminary plat. Lot 23 will share a common drive access with Lot 24. Sheet 7 of 9: Notes 2, 4, 7 and 8 are the same as Sheet 3. Same response as given prior. 1. Show hillside street detail. Plat has been revised. 3. Provide sight easements where indicated (lots 3 and 26). Preliminary plat has been revised. 5. Suggest using retaining walls on lot 2 to reduce cut slope disturbance. Agreed. 6. Place water main 2' from edge of curb. See revised preliminary plat. 9. Label water and sewer lines within the street near lots 39 and 40. See revised preliminary plat. 10. Access to several lots will exceed the Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 8 including lot 35. A worst case scenario is represented on the preliminary plat. 11. Show drainage easement limits within lots 36, 37, 35 and 27 to include 100-year flood limit line. See revised preliminary plat. 12. Provide for culverts under driveways that cross over water shed natural washes. (Lot 12?) These will be provided with final plat improvement plans. 13. Clarify how water discharges onto street (under sidewalk). These will be provided with final plat improvement plans. Sheet 8 of 9: Notes 1, 2, 4 7 and 8 are the same as Sheet 3. Same responses as given earlier. 3. Provide sight easement as indicated on lot 32. See revised preliminary plat. 10. Access to several lots will exceed the Town standard of 18% maximum driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lot 33 and 41. A worst case scenario is represented on the preliminary plat. 11. Show drainage easement limits within lots 41, 33, 32, 31 and 30 to include 100-year flood limit line. See revised preliminary plat. 12. Provide for culverts under any driveways that cross over natural washes. Check lot 30. These will be provided with final plat improvement plans. Sheet 9 of 9: No comments. FireRock Country Club Drainage Report Parcel"D" 1. Revise text material as shown> • Edit text where indicated. • Page 5 —report should include the data for all nine drainage sub-watershed areas. • Page 6—report to include Figure 2; and provide Table 2 showing indicated Q-value and catch basin and pipe sizing data for the nine sub-drainage areas. • Page 7 —see comments. • Appendix A—show sub-basins on drainage exhibit; show drainage area limits clearer on drainage exhibit; revise street cross section, calcs, and table per hillside road design parameters. • Appendix C—show catch basin locations on drainage exhibit and show table (Q10 and Qioo) with Q-intercepted and flow-by values. Provide more detail information on catch basin sizes and show calcs and details of channel designs. • RESPONSE TO ALL DRAINAGE ITEMS: As agreed, all drainage issues will be engineered and submitted with the final improvement plans. L Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 9 Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Place a H.P.E. on Tract "B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hill 4. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. 5. The section easement shall be abandoned by whoever holds the easement and proof of the abandonment shall be submitted to the Town. 6. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. 7. Provide street names for new roads. 8. All FireRock Country Club subdivisions are replats of the FireRock Country Club Master Plat and must be reflected this in the subdivision title. 9. Utilize common driveways on lots 12 & 13 and 23 & 24, which are installed as a part of the subdivision improvements. Place appropriate easements on the lots permitting the common driveways. The Engineering Department has requested no stipulations as all of their remaining comments can be addressed with improvement plans Cut and Fill Waiver The applicant is proposing cuts of 17.9 foot, 13.2 foot and two 12.1 foot cuts feet in four places. These proposed waivers are to meet the requirement of a 20 mph sight distance requirement for Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 10 the roads. The applicant states that they have minimized the cut and fill areas by realigning roadways, vertically and horizontally, rearranged lots and access to lots, and added retaining walls. Specifically the cuts are located in the roadway adjacent to lots, 2, 3, 4, 9 & 10-11. The area of the requested cut is in previously undisturbed areas of the FireRock area, however the two 12.1 cuts are relatively small and are in conjunction with the extended cul-de-sacs located at the western area of the project. They will have limited visibility from Shea Blvd. The larger cuts will only be seen from the golf course and parcels to the south. Due to the fact that the requested cuts are in an area which will not be seen or have limited visibility from Shea Blvd. and the applicant has utilized terraced retaining walls to reduce the visual impact and are for the roadway construction, staff recommends that the Commission recommend approval of these four waivers. Planning and Zoning Commission: The Planning and Zoning Commission reviewed this application at the March 25, 1999 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the applications as stipulated and that the applicant was in agreement with the recommended stipulations. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "D" subdivision and the Cut and Fill Waivers, subject to the following stipulations: 1. Place a H.P.E. on Tract "B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hill 4. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Planning ans Zoning Commission Report FireRock Country Club Parcel"D" S99-001,CFW99-01 April 1, 1999 Page 11 5. The section easement shall be abandoned by whoever holds the easement and proof of the abandonment shall be submitted to the Town. 6. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. 7. Provide street names for new roads. 8. All FireRock Country Club subdivisions are replats of the FireRock Country Club Master Plat and must be reflected this in the subdivision title. 9. Utilize common driveways on lots 12 & 13 and 23 & 24, which are installed as a part of the subdivision improvements. Place appropriate easements on the lots permitting the common driveways. LP- J. vv'u � et 4 J TOWN OF FOUNTAIN HILLS b� COMMUNITY DEVELOPMENT DEPARTMENT ' ELIMINARY4 PWAAPPLiCATIO Date Filed Fee Paid Accepted By Plat Name/Number Fs ZE 1g C c- Co 0.N TiZ Y C I LLB eP4 Zc D Parcel Size Number of Lots 4 4YQcues V/ Number of Tracts Zoning General Plan Land Use Designation i c i A.,� /Li Fri#41, a/�- LG w Density Rlequeted (Dwelling ldnits Per Acre) e ( 1•(N: / c)", ..5 I5 9 qti,.,5 11 i 7 ! ti/a cre Applicant Day Phone a36 tZ F �2 G-icc k L ( ~%# Address [ City /o'.5 !_,es 1- _SAe..z atUd � gib ST Zip 5 '.. 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"1 1 !II!..1 I ,7 P ii i , 2; g C § a._ 4 g r 5 ;if. y tl e 1: a N S y -—% i IP __• I ill a h. g I- S a/ -el 7 / p !el t{ b 9I btt�"'4 SAS i xil !yel II a Si; Zb i b1 S $g pp �� �FaK"� � � spa? I. % / i, ,,d lii rl / �\ Ilk 3 1 `� $" �n� lnl: 1 z ��� a La Na < IP 9I. �. nI -1 t8•� tl g . 1 Q\.'�I �,�'� �1 'sal I ` .� Y r �a Y '� �� k� R I ° 1 } NIPS. sue; '1\ \' z EI i'a, , fI p� b; � '�1 kI ''t y( B: V' 4. e Y b s t 9 LW a� 5 1I 1I I1I el yl N N ot\41AIN 4" 'i 1 i� TOWN OF FOUNTAIN HILLS L,,;,,, COMMUNITY DEVELOPMENT DEPARTMENT • Date Filed Fee Paid Accepted,By Z7- 79 Soo Th" Subdivision Name ) i Subdivider/Developer 5n f . L.L C_ (Owner or Rep. Name)D,y,v 4/4, (c„,,,,,,,t) (Firm Name) CA.,J2,,k `te Address Day Phone /5 !.2 c as7t -Cit . Lek P-V a„. /F 4' Y E7 7—Y(/4.' City J /// ST / Zip /Fou.N 7"rt,.j /Lk [l S //Tie i oz--.9 7S.2C �y Planner/Engineer J E C',-, (Planner/Engineer Name)Te�,i. ,, < s�r,,. / (Firm Name) 1::;,&j Address Day Phone 71007 , / /5-'41 S trra7i , S,k.f, 2 9l> City ST Zip ?Ito e",,X /121' Levu /4iGI a 8 �O.LQ Parcel Size(in acres) Proposed Number of Lots Lot Number(s)Affected ss 4'V Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet)l �-4 i/ i. y f t + c i + /O, / }„ •-Ci I Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. y 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. or If application is being filed by an agent of the owner, please complete the following shaded section. .._ BY AUTHORIZE(Ple aseePr n t) AP,''rt �� , Date of Owneri . 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IF PI "..:?•::::.:'...':......,A.'',..\;::::A:•••..ffl:•.:*•:AP••,,..i.*:•.-'4.',441...;y.:•:'•'.....,.,..?.':.;.••••••••,:•'••:•:''.1:'...k t:i':...•..!.,(I.'i:'•."".•'4..1gR4, 'IFf*,'...:'.'.....)!.:"''':..".•."'' 1 f:•1:, ..ttt P.......,,,,,--...'-, ........-.,.....:. ...,,t-r,-r--. li ll.'; iii;;;;;;;;;Iiiiiiiiiiiii;;;;;;;;;;;;;;: : iiiiiimoiluilimuin : 1 11111111111111111114111Lr.'1, 1-7.-n.-- -1:.r1 V 4, .c•fi ll ..,.• ,,,, ;1.-.4., . • - . . „,...,.,....„1„,...t,,,,,...„....,,..r,.. . 1 .\ cit"‘ ,'filmil416' 1 illE li ii: 1 L. I ii irdi If A i iiilni 11;111-1 i . r iii.4 si El ninlilliiiii kill-arriserriarisairoor TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plan DATE: March 26, 1999 SUBJECT: Final Plats for FireRock Country Club Parcels "F (S98-025), G (S98-026), & H-1 (S98-027)" Please find attached Planning and Zoning Commission reports for the aforementioned applications. Each of the aforementioned preliminary plats were approved by the Town Council on December 17, 1998. Please refer to the attached staff reports for additional details regarding these requests. TOWN OF FOUNTAIN HILLS STAFF REPORT APRIL 1, 1999 CASE NO.: S98-025 LOCATION: North of Tombstone Drive in the vicinity of Saguaro Blvd and Powderhorn Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "F' Subdivision, which is a 10.82 acre, 9 lot, 1 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 9 lots, 1 tract SURROUNDING LAND USES AND ZONING: kary NORTH: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Undeveloped single family lots; zoned "R1-43" and "R1-35 R.U.P.D." EAST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." and "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "F' Subdivision located north of Tombstone Drive in the vicinity of Saguaro Blvd and Powderhorn Drive located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.). Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 11-22 units and a proposed unit count of 9 units. Parcel "F' proposes 9 lots as per the adopted plan. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "F' Subdivision, subdivision improvement plans and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. Staff Report; S98-025 FireRock Country Club Parcel "F' April 1, 1999 Page 2 Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "F' is relatively flat with some sloping hillside with areas of moderate to severe slopes, (exceeding 25%) which slope up only on lot s 7 & 8. The subdivision proposes no new streets. Lots 1 through 9 all utilize Tombstone Avenue or the tail end of Saguaro Blvd. for access. All of the lots in Parcel "F' will not be within the gated portion of FireRock. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. Current projections for disturbance in Parcel "F' are below the allowable disturbance limits. Prior to recordation of this plat, a chart with maximum disturbance, lot by lot, shall be shown on the cover sheet. ISSUES: Offsite improvements including landscape plans were submitted by FireRock Country Club L.L.C. and reviewed by staff, there are no major outstanding issues on Parcel "F'. All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat. Recommendation: Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, and that the Town Council approved the Preliminary Plat for the FireRock Country Club Parcel "F' subdivision on December 17, 1998, staff recommends approval of the final plat subject to the following stipulations: 1. Prior to recordation of this plat all remaining improvement plan redlines and comments shall be resolved 2. Prior to recordation of this plat a disturbance allowance chart indicating the amount of square footage that can be disturbed, lot by lot, shall be placed on the cover sheet. d r\ DNIavO3Th ao w 11111111 f Iti;)' HaLIONSNoa vo4 LONPi Anil E� j% AkIVNWENd a 1 i 3 ^ 1 i 4 % k } n ibis 11!6!! vov i ig ii iwg �ara.a. r a Xilig a 00 ilh! 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I // \ �// \ I / r/ // / PI // %/ \ \ C4 / /% / i/ \ .,, / ,/ \ s i -'�f\ 1Vld WNW ! R W ' o S a 9NIOM073M ao W i • A E 11 1 fl f/ d 130tlVd NolAwro�dN 2 �Y� 7 :Mw �_ is N iiIi ii�i Iy irclti.woo+ l 7 ; 1 ..r'�;g.e I•Yii 7I1I41777:71 :111111 3 R AIYiIi a g iiil F hill / • / , / i / / m I __---- I I g - i I ~N I 1 2� 1 1 ti4 \ \ \ \ am \ \ to J 0 \ \ \\ i,, `°o \�' co \ \ ���\ \ \ \ \ \ \ ‘ I so I \ • i ::: iIlilt 'i I , 4. 4.tft.O., Illii."'. . . ''' ° I s $1 / o • J r 9 VA t. -... .44 br- \ \?•• \ MI -' •0St cNI / IP iI kIIIIINge kri<*11 •JCIOM M 1 ACME TOWN OF FOUNTAIN HILLS STAFF REPORT APRIL 1, 1999 CASE NO.: S98-026 LOCATION: South of Tombstone Drive and west of Powderhorn Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "G" Subdivision, which is a 22.53 acre, 19 lot, 2 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 22.53 Acres PROPOSED NUMBER OF LOTS: 19 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." &"R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant; zoned "OSR P.U.D." EAST: Undeveloped single family lots; zoned "R1-43" WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "G" Subdivision located south of Tombstone Drive and west of Powderhom Drive located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.). Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 23-46 units and a proposed unit count of 18 units. Parcel "G" proposes 19 lots. Per the adopted development agreement the applicant may increase the unit count by ten (10%) or two lots whichever is greater. As the proposed preliminary plat proposes an increase of one unit from the adopted area specific plan the request is in conformance with the FireRock Country Club Area Le Specific Plan and the adopted development agreements. Staff Report; S98-026 FireRock Country Club Parcel"G" April 1, 1999 Page 2 After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "G" Subdivision, subdivision improvement plans and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "G" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). The subdivision proposes two new cul-de-sac streets. Lots 1 through 13 will utilize a cul-de-sac off of the proposed Tombstone Avenue extension, located behind the gated access for the country club. Lots 14-16 will utilize the existing Powderhorn Drive and lots 17-19 will utilize a new cul-de-sac off of Powderhorn Drive. Lots 14-19 will be outside the gated portion of the country club. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. Current projections for disturbance in Parcel "G" are below the allowable disturbance limits. Prior to recordation of this plat a chart with maximum disturbance, lot by lot, shall be shown on the cover sheet. ISSUES: Offsite improvements including landscape plans were submitted by FireRock Country Club L.L.C. and reviewed by staff, there are no major outstanding issues on Parcel "G". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat. L Staff Report; S98-026 FireRock Country Club Parcel"G" April 1, 1999 Page 3 Recommendation: Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, and that the Town Council approved the Preliminary Plat for the FireRock Country Club Parcel "G" subdivision on December 17, 1998, staff recommends approval of the final plat subject to the following stipulations: 1. Prior to recordation of this plat all remaining improvement plan redlines and comments shall be resolved 2. Prior to recordation of this plat a disturbance allowance chart indicating the amount of square footage that can be disturbed, lot by lot, shall be placed on the cover sheet. NOW P Veld wry . 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P/ • \ 1�1J.b /� yp \ l S1fi w I //7 0 11 IOY�i \ — o Ea \ '1/ d I( , .CNN \ \ \ \ \\ \ AA1 w \ \ \ \ \ \ \ \ \ \ \ m gri 'NI' Tt �, .1' 0 1391iYd NOUOOHISNO3 nm ION 1+gyp Paw 'f I i a ��Oa3dldAtIVNIMilakl y d I i IMM!K1i � w1� rrr�r� j: ;� n 8 .ww -u.v., �5.,� ;a i sa �a -so-., i111111 ��L1lilM■ 40 Via^ '\ // / / dit p. / / .N BPS 'kg', ,ono d - ' ' \good 4"+ 0° ": ` \\ 'z 0 7 U o Z IAil, 0 I 1. ,,44. n . m I CE o � -J I .c '�/ Y a.oia hell e A 1tR ap ice^ C I a 1 W �a W 2 N e I 0 W O tita. TOWN OF FOUNTAIN HILLS tkir STAFF REPORT APRIL 1, 1999 CASE NO.: S98-027 LOCATION: South of the proposed Tombstone Avenue extension and the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "H-1" Subdivision, which is an 8.02 acre, 10 lot, subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 10 lots SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) EAST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "H-1" Subdivision located south of Tombstone Avenue extension and FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.) Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 9-18 units and a proposed unit count of 10 units. Parcel "H-1"proposes 10 lots as per the adopted plan. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "H-1" Subdivision, subdivision improvement plans and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. Staff Report; S98-027 FireRock Country Club Parcel "H-1" April 1, 1999 Page 2 Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "H-1" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%) with few areas under 10%. The subdivision proposes no new internal streets and utilizes Tombstone Avenue and the FireRock Country Club Drive. Lots 1 through 5 utilize FireRock Country Club Drive and lots 6-10 utilize Tombstone Avenue for access. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. Current projections for disturbance in Parcel "H-1" are below the allowable disturbance limits. Prior to recordation of this plat a chart with maximum disturbance, lot by lot, shall be shown on the cover sheet. ISSUES: As all offsite improvements including landscape plans were handled as a part of the FireRock Country Club Master Plat infrastructure,there are no major outstanding issues on Parcel "H-1". All remaining redlines are minor informational items and will be corrected prior to recordation of the plat. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, and that the Town Council approved the Preliminary Plat for the FireRock Country Club Parcel "H-1" subdivision on December 17, 1998, staff recommends approval of the final plat subject to the following stipulations: 1. Prior to recordation of this plat all remaining improvement plan redlines and comments shall be resolved 2. 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Iii111al Ii1s581g I1 • it " �o ,, , �-H 139tlYd W003033 ao i w NV3lNANY3 1.1 11111 .11 o 8 111 '''\•4> /Z//- faigi-••--V -•, ' Wit 1 kill_ G1 ii - ' // $ / ; 11.3 7ta,, i72 / Eiii iliilil i II a /./ / ,/ // al liilr irrrr�;i rrr I M tip. / ,/ / y lhaa� *�,� err wywra�a - / / IIIIh11 1i1I�11111 11 / / A // , / ,/// // C"D W // /' P4 / ' ./ o O / 142/ / ///75' // .. ts i// •'' Lm.,_.1-- C.J •f ��. \' 4. \• N\ ti 4 w \\\ \ 4.1 U \11 01 4., 1 a. 1•.5Z,9z I I ek •Ii N �I�I• I ; I- V ....4 — .\At \ \ \ y'\ ., fg CD \\\ \\ \ i, \\ Chron 84 L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council FROM: an y Harrel, Town Engineer THROUGH: roi n, Town Manager DATE: Ma I 26, 999 RE: Fountain Hills Blvd, Kingstree to Palisades Speed Limit Reduction to 40 mph On September 4, 1998, Staff received a petition with 52 signatures representing 28 separate addresses, requesting that the speed limit on Fountain Hills Blvd between Kingstree and Palisades be lowered from 45 mph to 35 mph. Most of the residences are in the Paradise Vistas subdivision. Engineering and Marshal's Department staff met with a number of the petition signers to identify and clarify their issues and concerns. In addition to safety concerns about high vehicle speeds, truck route violation issues and noise concerns also surfaced. Staff had previously evaluated this roadway segment and recommended no speed limit change, in August 1997. Based on the increased density in the corridor traffic speeds, accidents, and other factors, staff believes that the 35 mph speed requested is clearly too low. However, either 40 mph or the currently posted 45 mph is a reasonable speed limit. Staff's studies and speed limit evaluation follow: Studies: Staff performed the following studies, primarily between Avenida Vida Buena and Segundo: • Noise levels • Traffic volume • Traffic speed • Vehicle classification • Line of sight measurements • Accident diagrams The specific data results are available in Staff's working files, summarized as follows: Noise levels were well below Federal guidelines. (Please note that the Town is under no requirement FHB Speed Reduction.doc Page 1 of 4 Chron 84 to meet those guidelines.) Traffic volumes are acceptable. Traffic speed was not unreasonable for the posted speed. Truck volumes were somewhat higher than expected for a non-truck route roadway. Line-of-sight was generally adequate. Relatively high accident rates were occurring from Chama to Segundo, but were reasonable elsewhere. As a result of the studies, staff agreed to: • Review and add "truck route" and "no truck" signage where appropriate. Then, to provide increased truck route enforcement. • Bring a speed limit reduction proposal for Fountain Hills Blvd to the Council. Speed Limit Evaluation: Section 12-2-2 A. of the Town Code regulates traffic control signs and devices, including establishment of speed limits. It states: The authority of the town manager or his designee to place and maintain signs under this chapter shall not include authority to post signs setting speed limits on any part of the street or highway within the town different from the speed limits specified in A.R.S. Title 28, Article 6, Chapter 6 unless the council has first adopted an ordinance in conformance with the provisions of A.R.S. §28-703 authorizing a change of speed limit on such part of a street or highway within the town. kar The A.R.S. designated speed limit is 25 mph in any business or residential district, and 65 mph in other locations. The following factors are considered in reviewing speed limits: • Roadway Design: Fountain Hills Blvd is classified as a minor arterial roadway. The posted speed limit on Fountain Hills Blvd between Kingstree and Palisades has been 45 mph since the Road District days. All-way stops at Inca/Ocotillo and at Ironwood, and a curve advisory warning speed of 40 mph at the crest south of El Lago mitigate speed issues at those major concern locations. The road has been widened with turn pockets from Kingstree to Ironwood, and to a 5-lane, generally raised-curb medianed cross-section from Ironwood to Palisades. A number of new streets and driveways for new subdivisions, multi-family housing, and commercial areas have been constructed between Segundo and Palisades. In general, the roadway has a 45 mph design speed. • Sight Distances: As is typical in Fountain Hills' hillside topography, there are frequent hills, valleys, curves, slopes, and vegetation which all limit sight distance. Locations not meeting the desirable intersection (decision) sight distance are currently being studied. L FHB Speed Reduction.doc Page 2 of 4 Chron 84 • Land Use: Low to moderate density single family homes abut the roadway south of Ironwood. Churches, multi-family, and commercial uses predominate north of Ironwood. • Driveway Locations: There is no direct property access south of Segundo. North of Segundo, commercial driveways are generally adequately spaced. Side friction (the amount of pedestrians, bicyclists, and vehicles along, entering, or leaving the roadway) is moderate. A number of driveways have deceleration lanes, and/or no access across the raised median. • Accidents: Accidents for the four years 1995-98 occurred at the following locations: (Did not study south of Chama) • Chama 4 • Cholla 0 • Arroyo Vista 6 • Ironwood 5 • Segundo 3 • Crystal Ridge Drive 0 • Crystal Point Drive 0 • El Lago 4 • Avenida Vida Buena 0 • Safeway Center Frontage 2 • Palisades 6 Total 30 Eight of the 15 accidents between Chama and Ironwood were rear-end collisions. Twenty of the 30 total accidents occurred in the afternoon/early evening (2-9 PM). No other patterns of accident type, month, year, or other circumstance were detected. • Traffic Speeds: Four tube counts for five days each (Thursday-Tuesday) yielded the following speed data, between Avenida Vida Buena and Segundo: 15% 50% 85% %>55 mph Average 35 mph 42 mph 49 mph 3% Range 32-42 mph 39-47 mph 46-53 mph 0-10% FHB Speed Reduction.doc Page 3 of 4 Chron 84 L Speed Limit Conclusions: Typically, minor arterial speed limits are posted for either 40 or 45 mph. Factors favoring each of the two speeds are as follows: Favoring 40 mph Favoring 45 mph Rolling topography Existing, long-term posted speed limit Several curves Steep downgrades No street lights Stop signs at major crests Frequently limited sight distance No direct property access (south of Segundo High number of accidents Reasonably few driveways (north of Segundo), (Chama-Segundo) several with decel lanes High number of rear-end accidents Raised median access control (north of (Chama-Segundo) Segundo) Many citizens have requested lower noise Low-moderate pedestrians and bicycles On-street bike lanes Relatively high % of elderly drivers and pedestrians Counter productive to cut-through trip reduction New El Lago roadway to La Montana in Plat 206 15%-ile speed of 35 mph 85%-ile speed of 49 mph a 50%-ile speed of 42 mph b Either a 40 or a 45 mph speed limit is reasonable for this roadway. If the Council wishes to lower the speed limit to 40 mph, staff will prepare the formal ordinance for adoption. bb att. cc: Gerry VandeLune via delivery or pickup Steve Gendler Ken Martinez Ogbonna Abarikwu via fax L FHB Speed Reduction.doc Page 4 of 4 L U• U n Y C.s•L O -4 y. L7,2 - 7 '^ ,, G C L O • + 3x L = = L3 cLF _ _ _3J = .- n n ,U .6 -yT�- r . ' y _^ J ` y a % 77, • _ e9 0, �rA o ec �y > = 0 = oi_ - uA -t ac u �_t Y O '� j nvv 3 y : ^, c c u ' '>,z E y.cJ'3 c c c_ _ ., . p 1 C N E. aun, o `'a `° W c3 = - �_ ^c -0' ro�s fE Ca e� V c G .L L C L G.. n O .. J�.= .-. U y i _ G=ei _ 7._.L C'J-` C > 'E_E^^J7 C� �t J< -'i Ic. n > u Gam • n=_ c'_^ �t. �nU _7 \r E , Y c y E_ g: LtU PGA u N E., `y •III I •ICI ?_.° � `_-•a'='c ^a n '.'f•-'u.=Gas or v . e �y.> y � � Y3 OGn ` yrj"� nEc et =G= = %2 - c • �<E•o •yi c2E >3 Uc. y c'.. c ? -C- = 1o=.=.. = cA uL Esh a,5.etw ` Tr o m c E_ i �7��11 a ^ T� ` GL r =L � ] U 2 n n ,5 n y J 3 C C L U r A•o`oFa• A.= un w .5u2 3 =", E . - 3 y o t ; �. GL E .5 n y y U L - .2,,,,L O O O x.O` C•O ^^, O m C n 9 T 6 L 'Ln u G � L 7'�p 3 --- ..y EE9.- ptn W �V/ t7 =c _ Eo-o eia .=- uuEy-oE =f= eviu�'E vEc .c 12....t.u` e_e.u°y n 2- nti' ai LL A: C� pp n = O.7_ �nG5L� =�'i RO .>,e. . _ p``p'= E t'_ n N oy o = E _R.c L u-- 3 u °'E a+ A ,10,..6, 0 u- y = n ` c '- = c A '- H ova o'n oL E c _ oofe`�Lgu3n._ ""I' qQ c�= e'-.,cu- O s'oc.ECc"m- uE. 0 O c_E`o c m3 vLc = = Li y °i o e E•O g� �2-o c,i A TI I?3 vN c`u'u..EE>r.s '� 2.cC V1 •1. 1 •4nu vLy.=� 3 ,1 � E.E3d.E( 3a C�V'` OY c7t 3 N An ,22E oc tun vY`o g.-u c e E_C= 3 '- E a o He I T u_ 5 = E GcE S ;`a- cc r, ,3. A e3 cc a E"> =n c tow CD ";A. 4 TC C C G 2 C ' V"� Y ` Y L O` >?Li U E c h y G W w L l- C G 7+: 2 H L T g ^) � __ J �7 3 C re ^" := n c_ n n g a E n� = � r q' Gy 4, co a)A` . ..E y,N 3-u W O n .=Q y.n .. p .., l '-t'C nFL c g • N:Dn_� o5c 7,75 n,c L .•E w n ' c = ` EV Ec unAE� ~ y 'na= ' ci4c.t fi ` Zu uhE.•U _puLL E L 1:113 52 .: c n u T- g z CZ E 4,,.=.a'4 ?.E.3 2_i E nn � L � '' o n n c c L_ Q_ — O n- TL .. � � L- u tee: = = AMt l 1.1.1 m l r 2,6 ' - L L February 26, 1999 Mr.Randy Harrel,Town Engineer Town of Fountain Hills P.O.Box 17958 Fountain Hills,Arizona 85269 Dear Randy: Thank you for meeting with the members of our neighborhood group on Wednesday regarding our concern over the amount of truck traffic and the speed of all of the traffic on Fountain Hills Boulevard from El Lago to Ironwood The information you provided us was helpful to our insight of the traffic situation. Our understanding of how you plan to resolve the issues we presented is as follows: (1) You will proceed to prepare a proposal to the Town Council in which you will recommend that the speed limit be reduced from 45 MPH to 40 MPH on this stretch of the road. However,we still believe that 35 MPH is more reasonable for the safety of us all if the speed limit is properly enforced. (2) You agree that additional speed enforcement is necessary on this stretch of the road and will so inform the Town Marshall. (3) You will recommend that additional signage regarding"No Trucks"be installed on the signal arm on the corner of Shea and Fountain Hills Boulevard as well as in the area north of El Lago. In addition,you will recommend"Truck Route"signs for the intersections of Shea/Palisades and Shea/Saguaro. We understand that you plan to present your recommendation of the change in speed limit to the Town Council at its March 18, 1999 meeting and will keep us informed if your timing changes. Thanks again for meeting with us. Very truly yours, "67tiai2e-e" J Roy Russell Myron Tveit Nancyeit Richard Arndt L ORDINANCE 99-17 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 9, PARKS AND RECREATION, ARTICLE 9-1, PARKS AND RECREATION DEPARTMENT, SECTION 9-1-3, POWERS AND DUTIES OF DIRECTOR,BY ADDING A NEW SECTION 9-1-3-I, PRESCRIBING RULES AND REGULATIONS FOR THE CONDUCT OF PERSONS AT THE FOUNTAIN HILLS OFF-LEASH RECREATIONAL FACILITY AND DECLARING A PENALTY PROVISION FOR THE VIOLATION OF SAID RULES. WHEREAS, the Town Code Chapter 9, Article 9-1, Section 9-1-3.F provides that the Director of Parks and Recreation shall post such rules and regulations as are deemed necessary for the conduct of persons in the Town's parks; and, WHEREAS,the Parks and Recreation Director with the approval of the Parks and Recreation Commission submits the following rules and regulations for conduct at the Fountain Hills Off-Leash Recreational Facility; BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the following rules for the conduct of persons at the Fountain Hills Off- Leash Recreational Facility, in the Town of Fountain Hills are hereby adopted as follows: 1. Dogs must wear a visible and current license. 2. Dog waste must be removed and properly disposed. 3. Aggressive dog behavior is not permitted within the facility. 4. Gates must be kept closed at all times. 5. Dog handlers must be within the facility and supervise their dogs at all times. 6. Dog handlers using this facility must carry on their person, a standard(6-foot)length leash. 7. Female dogs in heat are not permitted within the facility. 8. Any damage done to the park (ex. digging) must be repaired by the dog handlers. 9. Children 12 and under must be accompanied by an adult. 10. Dogs must be leashed until completely inside the enclosed facility. 11. All dog handlers who fail to comply with these rules can be asked to leave or be cited if appropriate. Section 2. That upon conviction of a violation of any of the rules set forth in Section 1 above the party convicted shall be charged with a Petty Offense. That subsequent convictions for Ordinance 99-17 ASS FAIL y-1q 5' Page 1 of 2 iv ' ION W tr SECOND ,•S COUNT the violations of these rules by the same party shall be treated as a Class 1 Misdemeanor. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills,Arizona this 1st day of April, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Y✓ / 4441447dit haron Morgan,Mayor Cassie B. Hansen, /L21/14-Town Clerk D BY: z' APPROVED AS TO FORM: g;(4 //dr,- ,91/".1,/,„„: r9gctio /Paul L. Nor n, Town Manager William E. Farrell,Town Attorney L L Ordinance 99-17 Page 2 of 2 VJ. LJ. AJJJ yJ.VJ 1 JJ.* ..1.4 -JVJV r'HVC Vl Attention: Ms. Kim Marshbur2 From: Dr. Steven Paul,founder of InnoPet Dog Park, a recreation area for the dog enthusiast. Subject: Development of Dog Park In developing a dog park there are certain inherent risks that need to be addressed. In general all risks will not be solved, but certainly can be decreased by practical safety steps. This is what needed to be transpired in the development of our dog park. Looking back certain precautions-are certainly helpful, with the mix of economic practicality associated with the understanding all problems will not be solved completely. Example: We all get in our cars everyday. Over the years we have tried to become more safety conscious, seatbelts, airbags, antilock brakes, etc. Yet everyday we see the traffic problems associated with accidents and the human suffering secondary with accidents. Should we ban cars, because of the great suffering. No we haven't, the greater good of being able to transport ourselves from Point A to Point B to go to work or enjoy ourselves outweigh the inherent risks of traveling by car. Second example: Every year our children play on playgrounds. Over the years we have modified our playground equipment,provided softer materials to fall down on and yet, children on every playground have the risk of getting an infection from another child,getting bit by another child, or falling off a piece of equipment and breaking an arm. Do we close the playground down. No, we accept the inherent risks, knowing the upside potential of playing in a fairly safe environment far outweighs negativethe s. g ould think that a fairly similar response should be eighed with our eto 'ning public. petowning A look att our park in the town of Coral Springs. Coral Springs is a suburb town of Fort Lauderdale in Florida. In its initial presentation,we had similar community groups opposed to the dog park, sighting National Enquirer articles about dogs mauling school children in an open park situation. Our city commissioners decided that the dog park would be best to be enclosed. This in fact helped two safety issues. First the rule was that anyone must have their dog on the leash except in the dog park. This is no different than what exists on the town books presently. If someone was concerned about their child's safety they should not go into the dog park, where the dogs are allowed to roam free. If you allow your child to go into VJ/ L.)/ 1JJJ iJ.VJ J. JJY JY1 JVJY WiLLJ 1\✓ FN,11.1.1 11VJI I f'1VL VL the dog park,which happens, can accidents or an attack happen? yes. Has it happened in over three years of Potentially Is it best to keep children out of theoperation at our dog park?No. children-both humans and do � park, or at least keep an eye on your g. Definitively, yes. The second health issue is regarding the dogs. Dogs within an enclosed park cannot run away or run out into traffic and get hit by a car. People are thrilled with the fact that the park is enclosed. We have it enclosed with a 6 foot fence, but I feel that a 5 foot fence would have sufficed nicely for less money. Is there a human health risk besides being bit? Yes, the transmission of certain intestinal parasites can exist. How are these generally transmitted? The rare chance of infection would exist if the child eats dirt or stool that has been sitting for a couple of weeks? This possibility can exist anywhere a dog defecates. Would I bring my infant child who tends to put dirt in his mouth at the Dog Park?No. Parental supervision must come into play somewhere. Can dogs get disease more readily in the dog park? The answer is yes, in the same way your child has a greater chance of disease in the presence of other children at the day care center, school, and at the children's park. What do we do for our children?As responsible parents we get them vaccinated and protect them in as many preventive manners as possible. My dog going to the dog park should•have its full set of vaccinations,be on heartworm prevention, and some means of active flea control. Does everyone do that? No. So take your own responsibility for your own dog. Can the dog park become a line? Yes it can,however our park has not and the reason why it hasn't is because peer pressure generally rules the day. Many people say that this isn't good enough, but generally it works out well, as long as pooper scoopers are provided by the town, in many convenient locationsaround the park. My suggestion is to have a group of concerned owners(Dog Owners Group-D.O G.)who provide a Pet Etiquette Team (P.E.T.)to help provide people with information on responsibilities within the dog park. These should be posted. Two main questions remain. Is it worth it? What is the best way to control or monitor it? 0J/L /l'j 15:tl7 1-774-341-3034 wicc� u .«.i�•�..� __ We have done a lot of rethinking, modifying to make our dog park not only work, but work great. You can only benefit from our mistakes. Yes, I would add a small dog area into the site from the very beginning. What are the benefits? People are talking to one another again in a public setting. People are using the park in droves-this is one of the most used park facilities for its size in our town. Dogs are getting socialized,making them an overall gain in creating less risk for dog attacks and dog bites in the community at large. People are having fun-and that is the general purpose in having a park. We have people playing with Frisbees, doing agility training, reading a book with their dog at their side. There are countless hours of fun, entertainment, and socializing occurring everyday at our dog park. Should the park be under strict regulated control? That issue was brought up by our town and our park goers. Generally, our city decided that the park was for the use of the public, in the same way a playground, or tennis court should be utilized: The nature of inquiring whether a pet has been vaccinated, or constant monitoring in any capacity gets to be an expensive proposition and makes the park a luxurious country club affair, rather than the true intent of allowing all public citizens enjoy the benefits of a public park. If you proceed, there will be complications, and concerns. However,through this whole experience I feel great pride in initiating a public pet park for the community, as the greater good has been realized with a minimal amount of potential problems. My advice is to take your time, air out differences that exist. Understand no matter how much you legislate you cannot legislate common sense. No matter how much you try to please, you will never please everyone all the time. Make your best efforts, realizing that it is still a work in progress that has the ability to be modified to enhance its overall effectiveness and safety. Best of luck in your future work. It is definitely worth the effort. If you need to contact me further-either yourself or one of the city council members feel free to contact me. Sincerely, _ Q Steven G. P D.V.M. Wii.Es -ROOD A41MAL HosPtTgL 6){243,L SPliAt4ELS i Rbiiib4- 'w -: �; w LW. a II, w .... ,, _ . q: , The -4...1.39, WELCOME TO THE FOUNTAIN HILLS OFF-LEASH RECREATIONAL FACILITY This facility is managed by the Parks and Recreation Department for your enjoyment and benefit. As a user of this facility, you must agree to accept full responsibility for yourself and your dog. You must further agree to abide by all posted Rules and Regulations. Responsibilities as a Dog Owner 1. Dogs must wear a visible and current license. 2. Dog waste must be removed and properly disposed. ,,,,,, 3. Aggressive dog behavior is not permitted within the facility. 4. Gates must be kept closed at all times. 5. Dog handlers must be within the facility and supervise their dogs at all times. 6. Dog handlers using this facility must carry on their person, a standard (6-foot) length leash. 7. Female dogs in heat are not permitted within the facility. 8. Any damage done to the park (ex. digging) must be repaired by the dog handlers. 9. Children 12 and under must be accompanied by an adult. 10. Dogs must be leashed until completely inside the enclosed facility. 11. All dog handlers who fail to comply with these rules can be asked to leave or be cited if appropriate. Pursuant to Fountain Hills Ordinances Parks and Recreation 816-5124