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Home My WebLink About1999.0520.TCRMP.Packet ,� fp NOTICE OF REGULAR SESSION o 14. CI _ 11 OF THE 4 ' �� 1 ' �� FOUNTAIN HILLSTOWN N thatisA O COUNCIL Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, MAY 20, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B IRULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 ced the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please here 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—Councilman John Wyman • 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 cgenda, 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 Session May 20, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of May 6th, 1999. Low *2.) Consideration of the EXTENSION OF PREMISE/PATIO PERMIT APPLICATION submitted by Kenneth Bowman for the American Legion Post 58 located at 16850 East Avenue of the Fountains. The Legion has requested to extend their liquor license to a fenced area on the north side of their building on Saturday, May 22, 1999. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Robert Ryan for Red Rock Auto Service located at 11625 North Saguaro Boulevard. The application is for a Class 10 Beer and Wine Store license. *4.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Thomas Dieterle for OSCO Store #2704 located at 16545 East Palisades Boulevard. The application is for a location transfer of an inactive Class 9 Liquor Store license currently issued to a Walgreens in Mesa. *5.) Consideration of RESOLUTION 1999-22 providing for the issuance and sale of the Town of Fountain Hills, Arizona, Cottonwoods Improvement District improvement bonds; authorizing the Town's Accounting Supervisor to purchase the bonds; and prescribing terms and provisions of the bonds. *6.) Consideration of the SPECIAL EVENT REQUEST submitted by Bill Beamish for the Four Peaks Rotary Club for the Fountain Hills Soap Box Derby to be held on Saturday, June 26, 1999 from 3:00 p.m. to 11:00 p.m. The event will require the closure of Palisades Boulevard from La Montana to Verde River Drive. *7.) Consideration of the PRELIMINARY PLAT for the 4-unit Verde Vista Condominium project, located at 11616 N. Saguaro Blvd., aka Plat 201, Block 5,Lot 6,Case Number S99-012. (60 *8.) Consideration of RESOLUTION 1999-17 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easements located along the southerly property line of Lot 1, Block 11 of Plat 412A (16627 E. Saguaro Blvd) and at the southerly property line of Lot 11, Block 8, Plat 412A (16857 E. Saguaro Blvd) as recorded in Book 158, Page 20 records of Maricopa County, Arizona, with stipulations. (Mirage Homes—EA 99-03) 9.) Consideration of RESOLUTION 1999-24, creating the Los Arcos Multipurpose Facilities District; and declaring an emergency. 10.) RECOGNITION OF THE LIBRARY/MUSEUM ACTION COMMITTEE and consideration of appointing the committee members to a Library/Museum Advisory Commission to work with the citizens, architects and Town staff to design a new library/museum facility approved at the May 18 bond election. The Committee includes representatives from the Fountain Hills Historical Society, the Maricopa County Library District,the Fountain Hills Library Association and Town staff. 11.) UPDATE by representatives from SRP on the status of their progress with the cable replacement program in Fountain Hills. 12.) PUBLIC HEARING on an application to amend the Fountain Hills General Plan Future Land Use Plan Map designation of 39.0± acres of land located southwest of the Shea Boulevard/Saguaro Boulevard intersection from the Business Park"BP"to the General Commercial/Retail "C/R"land use designation,Case Number GPA99-01. 13.) Consideration of RESOLUTION 1999-23 amending the Fountain Hills General Plan Future Land Use Plan thaw Map designation of 39.0± acres of land located southwest of the Shea Boulevard/Saguaro Boulevard intersection from the Business Park"BP"to the General Commercial/Retail "C/R" land use designation,Case Number GPA99-01. Town of Fountain Hills Page 2 of 3 Last printed 05/19/99 5:06 PM Town Council Meeting Agenda Regular Session May 20, 1999 14.) ACKNOWLEDGEMENT of the first draft of the McDowell Mountain Development Agreement and coo Development Plan and discussion on future public hearings and time schedules for review and possible adoption. 15.) Consideration of the LOT SPLIT of Lot 32, Block 2, Plat 505A, 15813 E. Teepee Drive, Case Number Z99- 007. 16.) DISCUSSION AND POSSIBLE DIRECTION TO STAFF on an amendment to the Town Code regarding commercial vehicles and parking on private property. 17.) 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. 18.) ADJOURNMENT. DATED this 19th day of May, 1999. (��LJ By 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 05/19/99 5:06 PM Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: May 7, 1999 SUBJECT: Liquor license application- Red Rock Auto ------------ The purpose of this memorandum is to endorse the attached liquor license application and forward the results of my investigation. It is my understanding that this item will be reviewed by the Council at their May 20th meeting. Investigative facts: This application is for a new class 10 liquor license for the Red Rock Gas Station/Convenience Store at 11625 N. Saguaro Boulevard. Under the provisions of the Arizona Revised Statutes, Title 4, a class 10 is a non-quota license. A class 10 license, according to ARS 4-206.01, is generally issued to convenience stores and allows only sale of beer and wine for consumption off the premises. This is further defined in R19-1-209 which specifically prohibits alcohol consumption from open containers on the premises. The liquor department requirements for a series 10 license do not put a formal restriction on the number of nearby retailers, bars and restaurants. Rather, they leave the decision on proliferation of liquor sales outlets to local jurisdictions. However, a class 10 license is not exempt from the" 300' rule regarding churches and schools. There are no other liquor establishments in the immediate area although there is a bar and several restaurants with class 12 licenses within a one-half mile radius. The applicant, and owners are residents of Arizona as required under ARS 4-202a. We have verified this through a records check as part of the background investigation. In addition, the applicant, Robert J. Ryan, has no outstanding wants or warrants which would prohibit him from holding the license. Finally,the business itself,known as Red Rock Auto Service, holds a valid Fountain Hills business license #0102 valid through 01/31/00. Recommendation: Based on compliance with all provisions of ARS Title 4 relating to class 10 licenses; and, that the applicant meets residency requirements, and that a valid business license is in place for the facility, I recommend approval by the Council at their May 20th meeting. treat hoc 111ft+ to 7y1ce' .1l. IlCaS ' lu• cVccivctgo (poil- PS7- TO: AZ. DEPARTMENT OF LIQUOR LICENSES AND CONTROL IF THERE ARE ANY PROBLEMS OR QUESTIONS ON OUR LIQUOR LICENSE APPLICATION PLEASE GIVE ME A CALL. CHARLIE RYAN AT 837- 1275 MY DAD IS THE OWNER OF RED ROCK AUTO SERVICE, INC., BUT HE IS RETIRED. HE HAS HAD THREE HEART ATTACKS, AND IS ONLY HERE WHEN HE WANTS TO VISIT. MY BROTHER ROBBIE AND I RUN THE PLACE. ONE OF US IS HERE AT ALL TIMES, THAT IS WHY I PUT ROBBIE RYAN THROUGH THE ALCOHOL TRAINING PROGRAM. OUR STORE HOURS ARE FROM 6AM TO 9PM AND WILL PROBALLY STAY AT THESE HOURS. COULD WE PLEASE BUY OR OBTAINE TWO PREGNACY WARNING VJ SIGNS TO PUT IN OUR STORE. r i n THANK YOU FOR YOUR TIME CHARLIE P. RYAN CU( Lt/ '99 L On July 13, 1996 I was involved in a car accident leaving America West Arena after a Rattlers football game. The traffic was real heavy,a pick-up truck in front of me stopped on a dime for no reason. I saw no brake lights and ran into the back of the truck. The police were called,when they got there they asked me three or four stions. They asked me to get into the car and move it. Everything was fine until the group I hit told the cop Mgt I had had three beers in my hands at one time during the football game. The cop asked me to do a field sobriety test. He asked me if there wasn't anything I couldn't do. I told him my right leg was partially paralyzed, that a car had run it over earlier in my life. The cop even wrote this down on the police report. He told me if I didn't take the field sobriety test,that I would be taken down to jail and loose my license for twelve months. He also said that it would mean admitting guilt. So I agreed to take it. He then asked me to stand on that leg, in which there was no way I could stand on it no matter what condition I was in. So they arrested me and took me to the city of Phoenix jail. Where they wrote me three tickets, first failure to control speed to avoid a collision, second D.U.I. and third D.W.I. When they put me in the police car they asked me what I wanted to do with the car. I told them to give the keys to my brother Mike. However the car couldn't be driven because the accident put a hole in the radiator, so the car needed to be towed. At the police station they again told me that if I didn't take the breath test I would be admitting guilt. I wanted to use the phone and call a lawyer. They told me to dial 9 and then the number. The phone did not work and I told them that. Another police officer came down and said that the phone had not worked all afternoon. I never got to use a phone to make a phone call at the Phoenix station. The police station then got a phone call from the police officer who arrested me and told me that they had searched the car and found marijuana and a pipe in the car. I told them that they were not mine. They said that because I was driving the car that I was responsible for what was in it. So I took the blame for tt too. I was then taken to Madison jail that night. I saw a judge in the morning and was released. r-' 1.-1 I hired a lawyer who did not do anything for me except cost me$1500 and plead out the first threetZkets 0 to a D.U.I. Where I got to spend 24 hours in jail and pay a fine of$398 plus $85 for a SASS screening fee; On `�, 0-25-96, at the Phoenix Municipal Court, Maricopa County Arizona, complaint #51583702. On the othet_t4vo ,ges case #CR-97-00972FE, I met with a public defender on 3-8-97 in which I pled to possession] f marijuana, a class 1 misdemeanor. I had to pay a $750 fine and do 24 hours of community service which vas done on March 16 - 18, 1997 at the Mesa City Cemetery, 1212 N. Center, Mesa Arizona. Contact person Rob McCauley phone#644-2335. This also cost me money. I also had to go through the Valley Traffic Safety DUI/Substance Educational and Treatment Services on 12-29-96 and also had to pay for this course. I also had to go through a traffic survival course on 1-25-97 in which I passed both courses and also had to pay for this course too. The 24 hours in jail was served on 11-12-96 to 11-13-96, 10:00 p.m. to 10:00 p.m. at the Estrella County Jail, 2939 W. Durango St, Phoenix, Arizona. It was the worst 24 hours of my life. I will never forget the hell they put me through. As I go through the 50 or more pages on this hole nightmare it makes me sick to my stomach to think about it. I feel if my lawyer had not gotten me to plead guilty to the charges against me that I could have had taken this to court and proved that without a doubt my constitutional rights were not given to me. There was at least 20 different things that either the cops lied about or put in their reports wrong. I have over 50 pages of notes and facts plus police reports of what things were done wrong. I will not get into the facts on this matter. It is over and behind me. I wished it never had happened at all and it will never happen again. I have never been convicted of a felony nor do I ever plan on it. I wish for this matter to be a private matter if at all possible between the board and Charlie P. Ryan. ti: (lilaw CJACtit t i Mpii) q-e- 9 J.' / I t� // / ` 'e�`� OFFICtAI SEAL, �`i / CAROL J, LUCERQ t ?1+�� - NO Pubae•stabs al Ancona 9.. '\'`;, MARICOPACOUNTT My oomrn s�irss Apra 20,2ooz • ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • r,� 800 W Washington 5th Floor -;, �� -_ 400 W Congress#150 Tucson AZ 85701-1352 Phoenix AZ 85007-2934 . (602) 542j ,141 >D (520) 628-6595 ••••-•-•••• •••--- •• •••• • ••• 4�, =x:.�.......:..; CERTI .CA`ION OF COMPLETED ALCOHOL TRAINING PROGRAMS} � OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. AL OHO TRAINI NG PROGRAM INDIVIDUAL INFORMATIO1 Ca - P. Pun Individual Name(Print Individual Signature TYPE OF TRAINING COMPLETED A'c,t,‘ etc.!et [g BASIC ❑ ON SALE Date Training Completed [I MANAGEMENT [Xi OFF SALE N. BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: RDn 1L v [� - ob€4 1 QL� L �� SJC, �.� NAME OF THE LICENSEE BUSINESS NAME • LIQUOR LICENSE NUI514ER ALO0 C1L TIfiAINIIV+ pR RIIi I ICI Qt b i itKI ii ►i'I t 1. r" C) Ron Mou,r1-4,j, (,&Q . Coo so L is Company or Individual Name 644c e• Pfti h cess Address NIA sA (�+.f TAN.c, �'S2 8 o •zz i City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). L Aa,rui 01, Trainer Name(Print) 4.0 Avi 3-2q-q 9 T gnature Date Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: owner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. criogoof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered omplete. efore acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA LLYAK'1'MLN 1 UI L1JUvtc Lit.,r4naza « k,vili i lnv,.. - , l0id,abet✓ 800 W Washington 5th Floor - • 400 W Congress#150 h\.0 o (520) 628-6595 Tucson AZ 85701 Phoenix AZ 85007 (602) 542-5141 �,�. i ' � . };�► t `' " ` '`YuESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of yopr background will be conducted.`False pr incomplete answers could result in criminal prosecution and Me denial or subsegnent revocation o a license or permit. 0 BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON OMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FINGERPRINTING MUST E DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 arocessine fee for each fingerprint card submitted. TYPE OR PRINT WITH BLACK INK :heck appropriate box [ti Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&23) (Complete All Questions except#10&22 Licensee or Agent must complete#22) Name: Q v11JY CJHRLES PafR ( C/ Date of Birth: / / 5 / 3 Last First ter- Middle ��C� Name of Licensed Premises: RED RUf K R o�0 SPRV/re ; ..1 W C. Premises Phone: ( ) 932 - I e / . Licensed Premises Address: Mc c2c NV Sa5i5cc© FovNtai rJ n+ its JYIu1iCO 1 8S?V6 Liquor Licsitse# 10075757 Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) j . Drivers License#: CF' ci tv-c?- 9 7?6 State /4 Z Residence Phone:( ) f f; '7 /z-f c it Place of Birth: /T//,, / -5 i iv QI/JO H L� Weight: C- L°V Eyes: @! Hair: City ..- State . Name of Spouse: J\I /l Date of Birth:_ '/ / Last First p }Miidddle Maiden . You are a bona fide resident of what state? /,1? I Z(� 1 v/4 If Arizona,date of residency: 7 / 0 / / ` 3 If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 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) frii[1 CURRENT 111 Ce tltiES _ i CA�I ec VC C it 11 u Uk e 47 tuc )17) A 1\1 eZ ai (c ` s1\ ' S' a Ci.a 0 01-,14 Q u J-lticiI )4 2 p E- . S (ATTACH ADDITIONAL SHEET IF NECESSARY) 1 Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year ��/ Month/Year 1 Street tAddress /� City JState a Zip i5h!6 tJ CURRENT 1 I 6' 2 5 T r SCi v C Yt V locitdavA4 (/a, C"-1-26 uc tot 06/97 Disabled individuals requiring special accommodations please call(602)542-9051 I tc 7. , !,J ox e. r� ( SS l uJCG•S 5ommotlea 4 �} Per ,rn�..�' y Geuc-\- C6r p. raor\-oncC.me- 44‘6,\- v1t.A# U fledloa 1 II,, k -'c c-A- Rc c). Rock A u-\-- Sef V tc.e. tes01-Vvo) the. CcAno P`� �t �,cav-nc. G'� 1.;S Ake. CoNrl ► iow lA q Un+ �� -t-�,� rnokc� h�/Yl e. S 5 do k--% P C e- moor. ho+oe. • 1 ".SG.,s Crt„e.d. -fog hc.W- = wNn1�h vsc,.s o,�cvr� $30o dollar 1 -Cot- . -_ �-}�c �c.Y+n�..5�5 1,6..)Gl1.5 il.v StSnc...Se_ O'er,rcl r"w•c•••-A-c-l•i lrt t`t`�l l wc. svmr,cDrveJ. ° NA I‘c...vv c.(+ trnpnoPCA" 541,oc4-.)c'2 but )\eTS 41101 c..* Rest oc.-k (--Ao S cruAc-e . I kA.r42 W no cirQ-`:°Vbl'n l uJ�� e�s1�eJ �o (`eYv►n.)a a-1� SA-n v c-i-.�r o vu t�11 ern da.7S . We c^e..rnr_wecN aka sk-Queer- crawl, irQ +he_ ,,,,Olirift iOlfill" .dalifiet/_ / ,,,,,L.,._7,_..., 4 , , r orricuU.SEAL t �' '' `` CAROL J. WCERO 4t'�-t::::_�)_ NaUryPEND-SW°IArl�nO. ``'1' MARIOOPA COUNTY ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,..0.212tket 800 W Washington 5th Floor '! 400 W Congress#150 Phoenix AZ 85007-2934 y r( T, Tucson AZ 85701-1352 (602) 542-5141 A*.---eP (520) 628-6595 C RTIFICATIO OFCOMPLETED AL rr HOL TRAINING PROG M(S} MBMISMMIIEMOIMMIMMIEMIMMOMIIIMINMRFMROIRIIMNMNMMMNIMIMMMMMBHNMNIIIMSIFOPIMAPMIMMMMM OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. AL t1Ht'7� TRAl1! IIN PR��RI iEk INDi lat »11+tF F :alb. 26e4 P. & Indiv' al Namme r Print) Individual Signature TYPE OF TRAINING COMPLETED 7.11 Giq'l i BASIC ❑ ON SALE Date training Completed I: MANAGEMENT ®. OFF SALE BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: Vober-1- Q• cc� Reo l�ctc.�L �• NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER kLttifi?fL f ilAiNIN OIRtiOAAI 1 ROVititR INtbilitFATibi rt Re° MPJP3 L13I C:lNAS Company or Individual Name , r-- nn n Cc_SS ,X• Address c Aunc1 4C'773•ZZ 6 e City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). EA% Trainer Name(Print) • ..# Train Date Trainer qi ê9bure riginal of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: cowner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. of of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered mplete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 o1/98 • Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUUK L1l,L'lvar.a oc k,vi.iiwu ?' ,��y- 400 W Congress#150 800 W Washington 5th Floor ft•' g g '-(, 'ziy ,.....7 Tucson AZ 85701 Phoenix AZ 85007 ti-s- : 520 628-6595 (602) 542-5141 '". '. ' ' ta►1I1 ( ) ,'" " ` 'OUESTIONNAIRE " READ CAREFULLY,nllS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of vopr back ou d. 11 be conducted. False pr:inomplete answers could result m criminai prosecution and a denial or subsequent revocation of a license or permit. BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE),MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON MIPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. TaoTDafOTPROVIDE isbite. $24.00 processinge h fingerprintc um TYPE OR PRINT WITH BLACK INK teck appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&23) (Complete All Questions except#10&22 Licensee or Agent must complete#22) Name: gVA'N 2ob,.r4. 305 e __Jh Date of Birth: 7 / 2 / /??3X Last First Middle 9 eo Name of Licensed Premises: 4a Roc-k Auto Ser•v t-G, ,?vc. Premises Phone:( e" ) $ 4- 12 7 S ' j� '' ff 6 Licensed Premises Address: II(e 25 1'J. Ja- ue_eo Wurr�wtntit11a l rncJpL Liquor Licet # iU 31511 Street Address (Do not use PO Box#) City County Zip (If this location is cunentleicensed) �� a� S3'1 - �;k�3� Drivers License#: ,e � D l 0 Y 3 State /) Z Residence Phone:( ) n H 5 ` 10 Weight: c u Li Eyes: H Z Hair: IS R Place of Birth: L'11'/0 W COA.40 k4 J1.tV City ,' State Name of Spouse: IAM)6 Date of Birth: / / Last First Middle Maiden +� You are a bona fide resident of what state? 4R 1 to N A If Arizona,date of residency: 9 / 01 / / 3 If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 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) 7 8_ CURRENT �� c /,� mi ER OF Red KocK n (ATTACH ADDITIONAL SHEET IF NECESSARY) 1 . Indicate your residence address for the last five(5)years: FROM TO RESIDENCE . . Month/Year Month/Year Street Address City State Zip 'O/7J CURRENT ' I S(S r1000YJ LArQl? ilia ./,l/ " z 8526E) (1160„ . , _ .. LIC 101 06/97 Disabled individuals requiring special accommodations please call(602)542-9051 p SECTION 16 Geographical Data: 'ist below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. Sir drTAc,yED swa r 2. NT 3. 4. 5. 6. 7. 8. 9. A la 11. 12. 13. 14. 15, TACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, t o o,r-V' C?•si Adel , being first duly sworn upon oath,hereby depose,swear and declare,under penalty (Print name of APPLICANT/AGENT listed in Section 4 Question 1) of perjury, that 1) I am the APPLICANT (Agent/Club/Member/Partner), making the foregoing application; 2) that the application has been read and that the contents thereof and all statements contained therein are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority, or transferor;4) that no other person, firm, or corporation, except as indicated herein,has an interest in the spirituous liquor license for which these statements are made; and 5)that none of the owners,partners, members,officers,dir tom or stockholders li herein have been convicted of a felony in the past five(5)years. X �- SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Si lute) - -Z oFFICiAL SEAL AROL J. LUCER�"s day o , 19 9 Jam' . My commission expires on: , k�'-. " �'�`" you Arizona - l myOomm. (Signature of Y Pr LIC) • ---. / i• •. . tc •/.) .. /„...,.„,, ..,_.i,,-..„..,_ \ .......,/-•.,":C.-- I , ,. , . ...-..-- ...,/,. •,(..',.>"/,1 ,.,. : e \\ ,.".•••• , .r.,, iv . '•,.•,, . .• // ,,,-2- ---•.;..-- ,J, 7. r !"'!.'i ... .. ,,. . i l •1,A, . • !/ 3, ,„,...,.; T•'• ..",-`- ,..",,- ,f.-.. I j , ,f : ., ,i,'! :0 • 1,,ii ,...,9 . --------Z.7,:-.- (•••• ' ,, .!•-; '44;t44,.,,, -N .. --•''T f, • ,,.,./2'\-:\., '`,,',:', /t" :.• ' ; ; 140Fort McDowell Reservation , .„ ' The Silver Stein ii-----:•--- '-:•`-._ /2' -"? p t i g -•-•-..z.,.:•,..„ „:„..., ,,_,....., . . - Que Bueno Mexican Gringo Food 44 _ , c. ,Wash // •••••;4'). , . D: 6.) Volare i‘isto t tgrue ,i ,', - • .,,,,,„ p•, ---• • 4, '•-..- (rk.. Hap China 0 ,..- • '4:4,, ,/,/ ............ .--- , ;i fill Af F.H.Express ConVeruence Stote I/ -;•••••145(.. ,'-_ -,-'/M if I i Alamo Saloon' ..4 N t! , i 1 -...----... • '-'• 0 /'1 Fl i ,1 , - :::4' SAX6ISt .. '',.. . . „ I/ i I \\, •'".: -. :' ' °I 4 ta',.. 11 Ail 1 .41 1 ..., /7 Red Rock Auto Gas; ;, ,- // ''.• 49 --':::'' '' E ,,, „„ ,.. // • '-„:-....,;,.• .,,,..,,, / / ,/, ; ••••‘,. --.'-- ,..,, ..... - i4 4.-- ..,- _ .._ ck. 4t104,,, •-,', _.--y„w---••• ;i :: . . ' ,.,,...._ , ;; - ..+Fort McDowell Reservation 1-- , ...;•.„, , --- ., _.- . --7- •".-- - - -- •-•:•--.....---,--- ,z.;, c.:---) i-'-), . ._,.„.. ---; ..-..„. LP , ._.. _.,.. •-;---- .......-. .,, i I I ' • „.. .., ,, 8 •_.•- . . . ' c...P A44./ft...,,, 411,•••_. ,-,. (...;;;• .. -; -----_, ,, /-7.-- • 5 •••-- -•„Tinuitir!sTilling Station Restaurant>-• -----7,:poms Ristorante t.-li Pizza Lounge z / . . ..,. „ ../- --. \'' 44'..' ''''•:::,'•••-•-. ---'•'el a " .._ •- --,,,,, ?!. . . „.• ,r, .. . :!...„.,,„1,•,a40e,-,,,,, ,.._ • :,.i.: ce . .• . , /•/' 4, /,•• ''•/' '-•::'k" .I.F.H:United Methodist Church ,., •,, /, • •2 1 _,,,, . . .. --••• ••!:,..-.:•;.-',/ i i ;. (,%'. !f icy g' ' ;? . I t)- •. .. g 1 • i - !;•-!:-..!!=, • • , .: , -•.. if •,! k ,, ,•7 !...----5•.!, k ag 16.00 Scale 1:7,812(at center) iu Jan 29 10:46 1998 500 Feet Local Road i I Primary State Route 200 Meters Population Center r--- 1 L ,r)-1(I 6 Al l7ecpk R c1 R cM Ace 3 M o ry e-j ;C J?Y' A' Rb€ O9 11 " . 76_ Ls. iia 1 2o/u/dive ..'"Ril 400 N 5'0/660 6L')- iPP' 1.j i h' 60 i.) 'id,/ A LZ-2 r z Ft5f1, 67) 36, oivice , 2 nny,v, I7-97 /c2 - PS � Eus-; loess [VcRCC p;kcr/r 5.814209 P1 c nJ 11s'C.3 A,/ S g Lei80 BZLJ6IQ; // C nb'9 JOON') rec/ti'�c/r'✓ //'/L.s 297 6,5-2 Rat Ccrucc 605 - Lei f%kt' Ma9.2 /5 ; 179%. 60P .PS7-a IA3 % ,, n'1Mc'i 1-1- Bcooil of ARlz0i I / 3 9oV. Al. a MordQ„tic PR 009 Atoti rt..71 01,1, //it/5 Pz 852 6' Ro,Lettx.re - / E /1 1,1z3I, 19fj e'C ',;?. 6,77 . 2 , ;ACCc rof' 4I 2/ , e7 / 2871/ c -' f" r F C TEX1-iC rl,& F 1vicK,c ►c .. CORpoRet4-0k) `�' 2 Li S 51,0 /l tim f _ �'FWu e R i5 /,oar‘., 3.3, So5° CDyt ge wwe cNt OR. 74608 c cLA-Q-- 5L5 2 . C lrttl�, 1 7? 1.gy() `7C/. 5 X5 f T` E , eop + 401 CoiC 1C:C Pctei j c 4easq fUCPC,/ ge 0209n keivi -� to mid Off 72O . pcifi tc,e _52.212.22 ikoMLILI - 173P Lease 10 ? I9 -7On - h n I l 977 21oz &Vire.! 76,Y.P. 7 role 9. Tedue by eittrdik SECTION 12 Location to Location Transfer.(Bars and Liquor Stores ONLY) YN Vi •APPUCANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: (Exactly 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? I t SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: 3 al l tom" Name/Address of school: goAtc..,, (-1,1 1S FL c j Sc.hoe- (regardless of distance) 31 V( lOC E, a41,sc...t� s 2. Distance to nearest church: 2000 ft. Name/Address of church: T' N VN►-E e (regardless of distance) ,�o� 1172 I a E. AmAursf Dr. 3. I am the: 0 LESSEE ❑SUBLESSEE KOwNER ❑PURCHASER(of premises) LT the premises is leased give lessors name and address:1� • Monthly rental rate$ 5. What is the total indebtedness of the entity holding this license? $ qg,.(O qr 77 .2004 ,IQ Alf.� Does any one creditor represent more than 10%of that sum? %YES 0 NO If yes,list below. Last First Middle %Owned Residence Address City State Zip _l IA veaIv Aanre 6)44ileac 6151'Ef REF 1)1174 C//EDSA e tf). (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business is your license being applied for?(BE SPECIFIC) C>c�IU U e N I e ro T fYi A IT 7 . Has a licen ,or a transfer license,for the premises represented herein been denied by the state within the past one(1)year? ❑YES Da NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee thereof,have any interest in your business? OYES IgNO 9. Is the premises currently licensed with a liquor license? 0 YES Q-NO If yes,give license number and licensee's name: # / / / / / / / /(Exactly as it appears on license) N 7 Corporation/Limited Liability Co.: 'Gil,. !ERSON USTED MUST SUBMIT A COMPLETED FORM 101,AN"APPLICANT"TYPE FINGERPRINT CARD,AND FEE FOR EACH CARD. El CORPORATION Complete questions 1,2,3,5,6,7,8. 0 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.: 'e a Rl A 0+D Se e V )C e , .N C 4 (Exactly as it appears on Articles of Inc.or Articles of Org.) �-7 2. Date Incorporated/Organized: 3 / 16 / State where Incorporated/Organized: r) 1 / O N pt - `A) 3. AZ Corporation Commission File No.0 2 O 3 5 7 8 "(e Date authorized to do business in AZ: y / 7 / /98B i 4. AZ L.L.C.File No: fl Date authorized to do business in AZ: / / 5. Is Corp./L.L.C.non-profit?, YES ONO If yes,give IRS tax exempt number: 76 . OC 2 I 1 "g 1 6. List all directors,officers,controlling stockholders or members in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip fRkiNv Wxc)r sos ep f,S,dut I" c I S I-I0KO rd ). 6,NYC , F-00 A4atu h115111. -4 R'i 1J3 0 H Yi-R LIE NO-CU c K Vice.P s&c1 II S 1V. Sa uo PO Too..ku �,Ws 12 � (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last Fust Middle %Owned Residence Address City State Zip ‘111I/Kkielli) IRO \W* 5 0S'Q?\ ]00% I 75IS f ar. j r e, firur**ctio I-I;cts A2 g5ot (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and it for/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. IT SECTION 8 Club Applicants: EACH PERSON USTED MUST SUBMIT A COMPLETED FORM 101,AN"APPLICANT"TYPE FINGERPRINT CARD,AND FEE FOR EACH CARD. 1. Name of Club: Date Chartered: / / (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? 0 YES 0 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) L� g GC. Sk- U'' ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,3e.k-- V �,.,,,i� RECEIVED "� 400 W Congress#150 800 W Washington Sth Floor =' `=��\'� APR ap 1999 '� =� Tucson AZ 85701 Phoenix AZ 85007= ; � ��; (602) 542-5141 ,J �ir.Itii �OIJ►`nA►N HILLS (520) 628-6595 �, ., TOWN CLERK APPLICATION FOR LIQUOR LICENSE NOTE: 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. TYPE OR PRINT WITH BLACK INK �o% -+ c y 3 D.9 9 � Do�-�•� s-w•s 9 I Lou rw l S•.o •9 9 SECTION 1 This application is for a: SECTION 2 Type of ownership: El INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 Ih ()%o a- J.NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 (CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: ""— C� 3 caccKS- $i I `� .C^0 ,cO 00 p ;'csh`o f , 'ej, 1. Type of License: I 1 'aeq ..,,(1 v.)tvi1 S't I: 2.Total fees attached herewith: $ C-Ce" ' it'4terprtrt1t ISi. ,`I , �• APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. ;f; SECTION 4 Applicant:(All applicants must complete this section) ._ c3 Mr. ^, -. 1. Applicant/Agent's Name:Ms. R 4n ob + .J O�j`, c�.- (Insert one name ONLY to appear on`license)last ,/� First Middle 2. Corp./Partnership/L.L.C.: R e ck 0 C F f1 U 1-6 -.e au IC E i X f,!1. o (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: RCoX CR,oc.le 1/:# ,\ cz. Se.ry%c..c. (Frorsly as it appears on the exterior of premises) 11 4. Business Address: I l()2 S ` ) Sc.lu e..Ce. 3\.3J.. Pcnh- tui+ wr f r5 Ate,care, S 5 Z 6 460(Do not use PO Box Number) City � O COUNTY Zip 5. Business Phone:( 6was--) .37 - l 2 1 S Residence Phone:( ) 2)31 — (03 6 6. Is the business located within the incorporated limits of the above city or town? $YES ONO 11tt `` 7. Mailing Address: I l 2.S �..yv Ca fl -c,.n 4,t`S A SS a6 e City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY (Iwo Accepted by: Date: 11- / / /1 ��t Lic.# 1 3 7S 1/ Fees: / C " 2 $ 1 y _ Application Interim Permit Agent Change Club F.Prints TOTAL *Disabled individuals requiring special accommodation,please call the Department. ucloc Fountain Hills Memorandum L TO: Cassie Hansen FROM: Steve Gendler, Marshal 7 DATE: May 7, 1999 SUBJECT: Liquor license application- American Legion The purpose of this memorandum is to endorse the attached extension of premises liquor license request from the American Legion. In order to be in effect by the date indicated, it would have to be approved by the Council at their May 20th meeting. Investigative facts: This application, as submitted, would involve a one day extension of premises of the facility located at 16850 Avenue of the Fountains. The American Legion has a valid class 14 "club" license in place at that facility. Under the provisions of the Arizona Revised Statutes,Title 4, a class 14 license is specifically issued to a veteran or fraternal organization for "on-premise" sale and consumption of alcohol by members and registered guests. Findings: The application in this case would extend the premises for a "Scholarship Fund Raiser" catering to members and guests. This is a permitted function under the provisions of the license. In reviewing the application, the American Legion has made provisions for access control and identity checks in compliance with liquor license regulations. Recommendation: Based on this extension being in compliance with all provisions of ARS Title 4 relating to a class 14 license, as well as meeting the requirements for control of access to members and guests, I recommend approval of this application by the Council. Copies of all investigative documents are on file with the Marshals Department. L = R,,'C°' AMERICAN LEGION i 42= POST#58 FOUNTAIN HILLS,ARIZONA <E�11 �` 16850 Avenue of the Fountains Oi ,,��,•,.`* (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates ; 6/ 415 SHEAR POINT HAIR DESIGN z TIME -I ,_RESIGN L EXTENSION Cr L F.,:i,:i5-.2.,a/ A`'it, :tR ..IT' L NOTE:#p - SECURITY R S11-IOUs _ I-EMR RARY BARRIER. / ," 1-1164 \---ii, Sdud2./ / '> , #.0. ) i—ci -- -- -- FArRKhJG Lor --- • in --1 5' --+—1 0' =—r--41-- 3 5' ---- — . - --- -----_ SIDEWALK __ . , f t M EN S 0 1 . 8AR. O ' "---SERVIRG AREA RESTROovI 4If\ 4 O_ — BAR - - 14 ' 11MCRICAIJ LEG10N Ru1L�ttut n • • I(o8S0 E.AvE t,F TL1E Fouu Th •1 r , SUITE 0-102_ WOMEnIs - ' I (AA'ROv. 13oo'Sa.F-r) R ESTROOM ,� s • ti.,\ . : (Ci 1 0 . d } u_. 1r CO C! Asi4444 I..ssy -.._- \.----4----- - -- -- LO Z (a2'c?tti -2 IL, LU r ARIZONA DEPARTMENT OF LIQ CONTROL 4001 i'" kilt 1l it 10 W Congress #150 800 W Washington 5th Floor � ��=,� '`"� MAY � 1999 ucson AZ 85701 Phoenix AZ 85007 '` v� (602) 542-5141 ` ,ni 'l ft. - , v ` (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT 0 Temporary change for date(s)of ent change of area of Ce J_/)'., ci / s ff d R �" S/� 1 f�v'�/L_ 1. Owner or Agent's Name: A O 1.6 44 g A". /T-ivy TM Last First Middle 2. Mailing Address: /'70 Sr-3 C i-1-1-1= p E( � : ��ti H, I c R SvS-a City State Zip 3. Business Name: A4 C/e(C/3,L t~ .G/Q ti .S LICENSE#: /I/D7 3 00 7 4. Business Address: It 'S L r, AUK„ 2f F>5 F/v1/.i-iS til e/ p l e_P6d- ,4 c?5'- 2S City COUNTY State Zip 5. Business Phone:( 1-{re) ) (3 7 —S6,6- 37 Residence Phone:(ri?O ) ' '3 2 " ‘G,j 1-'..)- 6. Are you familiar with Arizona Liquor Laws and Regulations? 5(YES 0 NO 7. What security precautions will be taken to prevent liquor violations in the extended area? , p, / C 34 . )1-4`•U-le I{z 5 c'v taiTf AT l tv 1cc (S Pc7(^ITS -L E 0OA FA `11 8. Does this extension bring your premises within 300 feet of a church or school? 0 YES 1,NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. This,�hange in premises • RECOMMENDED by the local Board of Supervisors,City Council or Designate: �v ‘\ /lower 1 aior �iwt,. coat-nu.) (Authorized Signature) • I rn. (Title) (Agency) I, /{E ry,,,'g2/H f, 73 c'c'-',o A ti ,being first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perj ,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof and statements contain ein are true,correct and complete. X - J i_ SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature of Owner r Agent) S 1 this 1 day of , 19 9 hifr "OFFICIAL SEAL" i''°% Virginia LaPenta , '' ',gfel , My .',, 4.,, -,VA" es� • � ~ - (Signature of NOTARY PUBLIC) �� Maricopa county Lives' •tio� - ' Expres 12!t"4°1 Date: / / Licensing Approval: Date: / / *Disabled individuals requiring special accommodation,please call the Department. LIC OS 4/97 May 14, 1999 Nirw restaurants, they leave the "proliferation" decision of liquor sales outlets to local jurisdictions. Based on compliance with statutory provisions, staff recommends approval. AGENDA ITEM #4—OSCO LIQUOR LICENSE APPLICATION Thomas Dieterle has submitted a liquor license application for the future OSCO Store #2704 to be located at 16545 East Palisades Boulevard. The application is for the transfer of an inactive Class 9 Liquor Store license recently purchased by OSCO from a Walgreens drug store in Mesa. Class 9 licenses are "quota" licenses and when inactive, must be put to use within a year to avoid relinquishment and reassignment. Marshal Gendler has done his background investigation and specifically addressed the numerous license violations in his memo. Based on statutory compliance he forwarded a favorable recommendation. The property was posted for the statutory twenty-day time period and no written arguments for or against were received at Town Hall. The applicant has contacted the Clerk's Office to obtain a business license and was directed to apply approximately two months prior to opening. The store has not yet broken ground. Staff recommends approval. AGENDA ITEM #6— FOUR PEAKS ROTARY SPECIAL EVENT REQUEST Bill Beamish has submitted a special event request on behalf of the Four Peaks Rotary Club for the Soap Box Derby to be held on Saturday, June 26, 1999 from 3:00 p.m. to 11:00 p.m. The location of the event will be on Palisades Boulevard between La Montana and Verde River Drive requiring street closures on that portion of Palisades. A similar event was held last June and proved to be successful. The late afternoon and evening hours of the event take advantage of the cooler temperatures and decrease the impact on surrounding businesses. Mr. Beamish will personally contact all businesses in the affected area that are open on Saturday afternoons. Marshal Gendler has reviewed the request and is satisfied with the arrangements made for public and traffic safety. A certificate of insurance will be forthcoming. Staff recommends approval. AGENDA ITEM #14—COMMERCIAL VEHICLES AND PARKING ON PRIVATE PROPERTY The Marshals Department has identified two problems associated with commercial vehicles parking in Fountain Hills. These are explained in the enclosed memos from Marshal Gendler and Officer Tate. Marshal Gendler has discussed the situation with Councilman Apps who agreed to sponsor an agenda item regarding the issue. Mr. Farrell has reviewed the Marshal's memos and would like to receive direction from the Council prior to drafting an appropriate ordinance. He will prepare a memo that will be available for distribution on Monday. As always, if you have any questions, please feel free to contact me. Cise 2 (hise Interoffice Memo . To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK boy.)-• Date: 05/14/99 Re: AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE AGENDA ITEM #3— RED ROCK AUTO LIQUOR LICENSE AGENDA ITEM #4—OSCO LIQUOR LICENSE AGENDA ITEM #6—SOAP BOX DERBY SPECIAL EVENT REQUEST AGENDA ITEM #14—COMMERCIAL VEHICLES/PARKING ON PRIVATE PROPERTY The following items appear on the May 20th agenda: AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE Kenneth Bowman has submitted an extension of premise application on behalf of the American :,,,,,p,,o4ortNeR, at 16850 East Avenue of the Fountains. The request would extend the Legion's ' tfenced area adjacent to the north side of the building to provide additional space 3 tears iser" on Saturday, May 22, 1999. Security provisions have been made to ; the' 's of a in Is under 30 years of age and to insure that alcohol stays within the event re�a. Mal Gebel! s performed his investigation and forwards a favorable recommendation. -corn � val. i EN R K A TO LI OR LICENSE APPLICATION obert Ryan a s ub • d a liquor license application for Red Rock Auto Service, Inc. located at 111625'North Sagaro ` levard. The application is for a Class 10 Beer and Wine Store License that a ., e"s• - Of' ' and wine for off premise consumption. On premise liquor consumption is !„ .� F Al , Class 10 licenses are subject to the 300' rule regarding churches and schools, neit = --, - . ment is in the immediate vicinity of Red Rock Auto. On May 20, the property will have been properly posted for the statutory twenty day time period. As of May 14, no written arguments for or against the license have been received at Town Hall. Marshal Gendler has performed his background investigation and determined that all statutory and code provisions relating to the application have been satisfied. He further states that although the Liquor Department does not put a formal restriction on the number of nearby retailers, bars and ,. Page 1 of 2 Cassie Hansen Last printed 05/14/99 3:11 PM 05/14/99 May 19, 1999 AGENDA ITEMS #12 AND #13 —GENERAL PLAN AMENDMENT Jeff has corrected the acres of land involved from 43.9 to 39.0. This corrected number appears on these agenda as well as Resolution 1999-23 which is attached. As always, if you have any questions, please do not hesitate to call. L L 2 1/41w Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 05/19/99 Re: AGENDA UPDATE There are a few changes to the agenda(s) for Thursday's meetings as follows: al 1 ii Farrell has requested an executive session of the FHWC CFD. The —..• •a forthat�4: 94p is attached. The Ma or reques t . y `I executive session on Councilwoman Hutcheson's alternative plan t o nr mountain acquisitioncheduled immediately following the FHWC CFD meeting. The 7, i` agenda `the 500',( roximate) meeting is attached. , ` nges a w cgular es ion agenda are as follows: $�; END 1—VERDE VISTA PRELIMINARY PLAT Dana has writte "a •p ental staff report on this item. The original report failed to 1 mention h s al o ix ia's memo is attached. NEW E „ 9— RESOLUTION 1999-24 LOS ARCO STADIUM DISTRICT . fafiatAt rafted a resolution to create the Los Arcos Multipurpose Facilities District. The resolution and draft staff memo is attached. NEW AGENDA ITEM #10 — ESTABLISHING THE LIBRARY/MUSEUM ADVISORY COMMISSION The Mayor would like to recognize the representatives from the Fountain Hills Historical Society, the Maricopa County Library District, and the Fountain Hills Library Association that have worked with the architect and Town staff since last September to plan the joint facility recently approved by the voters of Fountain Hills. The Council will be asked to consider formalizing the committee as the Library/Museum Advisory Commission and to continue Le working with the citizens, the architect and staff to design the joint facility. Page 1 of 2 Cassie Hansen Last printed 05/19/99 5:05 PM 05/19/99 Action Date 1) Distribution of development agreement Week of May 24th 2) Presentation to the Planning & Zoning Comm. May 27th 3) Presentation to the McDowell Mt. Preservation Comm. May 25th or June 1st 4)Finalization of recommendation from MMPC to Council June 8th 5) Public Hearing and decision on recommendation for preliminary plats by the Planning & Zoning Commission June 10th 6) Council Public Hearing and possible action on development agreement and preliminary plats June 17th AGENDA ITEM# 13 -PRELIMINARY AND FINAL PLAT/TEPEE DRIVE: This agenda item relates to the preliminary plat and final plat for 15813 E. Tepee Drive. The Planning and Zoning Commission has recommended approval. Providing that certain stipulations are met, staff also recommends approval of the final plat. Dana's report is attached. AGENDA ITEM# 14 - DISCUSSION ON COMMERCIAL VEHICLE PARKING: Council will consider directing staff to prepare an amendment to the town code relative to commercial truck parking on private property. Cassie's memo is attached. L Manager's Report May 20,1999 Council Meeting Page 2 of 2 MEMORANDUM TO: T - HO, I RABLE MAYOR AND TOWN COUNCIL FROM: PAU L k q RDIN, TOWN MANAGER DATE: MA,1 ' '' 4, 19 RE: MANAGER'S REPORT FOR THE MAY 20th COUNCIL MEETING Reminder: There is one Public Hearing on this agenda. The special bond elections for the library/museum and the lakeside open space are scheduled for next Tuesday,May 18th. CONSENT AGENDA: There are eight items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM#9—SRP UPDATE: SRP will provide a status report on their cable replacement program in Fountain Hills. Eric Gorsegner, Senior Government Relations Representative, Wayne Wisdom, Manager of Maintenance Engineering, and Janeen Rohodit, Consumer Relations Representative, will present the update to you. AGENDA ITEM#10 &#11 - PUBLIC HEARING/GENERAL PLAN AMENDMENT/ ORDINANCE 99-19: A public hearing is scheduled for public input regarding future land use at the proposed 43.9 acre "Target" retail center site at Shea and Saguaro Boulevards. Council will consider re- designating the land use as "General Commercial/Retail", from its present "Business Park" designation. The Planning and Zoning Commission recommended denial by a vote of 5-2. Please refer to Jeff s report. AGENDA ITEM# 12 -ACKNLOWEGEMENT OF RECEIPT OF MOUNTAIN DEVELOPMENT AGREEMENT: Bill hopes to have a mountain development agreement for the Council to examine sometime next week; therefore, the agenda language only says, "acknowledgement of receipt" of the development agreement. Staff will NOT be prepared for any discussion or presentation concerning the particulars of the agreement. I will; however, present the following proposed schedule: L I. AGENDA ITEM#16- DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON AN AMENDMENT TO THE TOWN CODE REGARDING COMMERCIAL VEHICLES AND PARKING ON PRIVATE PROPERTY. Mr. Farrell stated he desired to continue this matter to the first meeting in June to allow time to examine definitions in the Zoning Ordinance. Councilman Mower MOVED to continue this matter to the June 3rd meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#17- CALL TO THE PUBLIC No one came forward to comment from the public. AGRENDA ITEM#18- ADJOURNMENT. Councilman Apps MOVED to adjourn the meeting. Councilman Wyman SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:27 p.m. TOWN OF FO NTAIN HILLS By: 1 Sharon Morgan,Mayor A f EST: (4A/A.ALC—iii ) f .. 4.`� Cassie B.Hansen,Town Clerk /.PREPARED BY: ��.. Linda D.Le en,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 20th day of May, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 3`d day of June, 1999. 61/14 ,6 AA'14- ) Cassie B.Hansen,Town Clerk Town Council Regular Session 5/20/99 Page 6 of 6 •CO:CO CO,CO 0 C•O to 0 N CD CD CO!Cr)•o) Cr)'Cr)'o)'CD I N .C,r- .t` CO 0) ` I C t` ti ti a).O a):�10):co i� tz CO go (0 T. C`D �[)!CON. O O �, N �• tn:CD Nt'�'NT'NT'N "Ct e-'CO O. M OL co N. coO 1�•N r N r r r••r•r N !N cn 10 i aO'V COE.ram- I r to [h N Cp Cp Cp ap.r (D 0) CO v.'CD'tf) ,.,•0 0 O e- 10 0 J 0 C' 0:0 0,0.r' I0 `O.O 0.00 1 LL.LL <L.LL1111 LJ. 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N J I X ' {C'9'CO'N'r I�'r' r 1N,10 It110!10 tea II.ICD1in1 N 1ID1rl M NICOI0) 0 Z 0 O;N•Q IIA'00: N IO:r•NIY)Ir•e-.r'r'0; !N'N NININ N•N N'M'� I� 1�'t0' O el el M'M'M N N:N N !N 0 IN •N'N N'N'N!NININ!N' M r - • IO) 0)IC)IC) r!CO.Q); '0 IO):C,CO!CO I CD 10)IQ)IC)I C)! IC) C) IQ)!�I� Ir r r•r r 'r r•r r r r r r r r• r• r•r it•r•r. el en Z,Z 3 3:53 33 31 s 3 3 3'3:5 r,. i'S . U) 5 U) U) � g Cn ):C,CIIC'U)14)_1 U) U) U) U)I(n!rn (ire Store No. Locationf County License No. OSCO Drug, Store #2351 5829 South Central Avenue 09070061 Phoenix, AZ 85040 Maricopa OSCO Drug, Store #2352 1911 West Thunderbird 09070068 Phoenix, AZ 85023 Maricopa OSCO Drug, Store #2353 1927 North Gilbert, #1 09070071 Mesa, AZ 85203 M_ aricopa OSCO Drug, Store #2354 240 West Continental Road 09100014 Green Valley, AZ 85614 Pima OSCO Drug, Store #2356 5734 West Peoria Avenue 09070583 Glendale. AZ 85302 Maricopa OSCO Drug, Store #2357 4825 East Warner, Suite 16 09071018 Phoenix, AZ 85044 1Maricopa OSCO Drug, Store #2358 802 East Union Hills 09071017 Phoenix, AZ 85024 Maricopa OSCO Drug, Store #3433 7720 W. Bell Road 109070570 Glendale. AZ 85308 Maricona OSCO Drug, Store #5015 3601 E. Broadway, Suite 123 09100198 Tucson. AZ 85716 Pima Active licenses - 74 Inactive licenses -4 78 4/8/99-Page 7 of 7 Pages Store No. Location/County_ License No. OSCO Drug, Store #2330 3506 East Santa Fe 09030035 Flagstaff, AZ 86001 Coconino OSCO Drug, Store #2332 4748 East Sunrise 09100011 Tucson, AZ 85718 Pima OSCO Drug, Store #2333 2980 West Valencia 09100034 Tucson, AZ 85748 Pima OSCO Drug, Store #2334 1000 North Humphreys, #120 09030028 Flagstaff, AZ 86001 Coconino Say-on drugs #2336 3155 Stockton Hill Road 09080024 Kingman, AZ 86401 Mohave OSCO Drug, Store #2337 7700 East Hwy. 69 09130001 Prescott Valley, AZ 86312 Yavapai OSCO Drug, Store #2338 7015 East Tanque Verde 09100010 Tucson, AZ 85715 ,Pima OSCO Drug, Store #2339 711 North Gilbert Road 09070021 Gilbert. AZ 85234 Maricopa OSCO Drug, Store #2340 1655 East Cottonwood 09130035 Cottonwood. AZ 85326 Yavapai Say-on drugs. Store #2341 141 West Riverside Drive 09150002 Parker, AZ 85344 La Paz OSCO Drug, Store #2342 1525 East Navajo Blvd. 09090038 Holbrook, AZ 86025 ,Navajo OSCO Drug, Store #2350 3302 West Van Buren 09070057 Phoenix, AZ 85009 Maricopa L 4/8/99- Page 6 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2310 10653 North Scottsdale Road 09070019 Scottsdale. AZ 85254 Maricopa OSCO Drug, Store #2311 908 North Alma School Road 09070023 Chandler. AZ 85224 Maricopa OSCO Drug, Store #2312 7727 East Broadway Blvd. 09100003 Tucson, AZ 85710 Pima OSCO Drug, Store #2314 3741 West Ina Road 09100004 Tucson, AZ 85741 Pima OSCO Drug, Store #2315 3754 South 16th Street 09100265 Tucson. AZ 85713 Pima Say-on drugs Store #2318 1555 S.Avenue B 09140063 Yuma, AZ 85364 Yuma OSCO Drug, Store #2323 4326 West Thomas 09070559 Phoenix. AZ 85031 Maricopa OSCO Drug, Store #2324 5805 West Thunderbird 09070567 Glendale. AZ 85307 Maricopa OSCO Drug, Store #2325 1537 East Bethany Home Road 09070553 Phoenix. AZ 85014 Maricopa OSCO Drug, Store #2327 7151 East Lincoln Drive 09070129 Scottsdale. AZ 85235 Maricopa OSCO Drug, Store #2328 1316 Iron Springs Road 09130037 Prescott. AZ 86301 Yavapai OSCO Drug, Store #2329 1121 South Plaza Way 09030036 Flagstaff. AZ 86001 Coconino L 4/8/99-Page 5 of 7 Pages Store No. Location/Counts License No. OSCO Drug, Store #2255 NWC Florence & Arizola 09110029 Casa Grande. AZ (Inactive 5/1/97) Pinal (This location canceled as of 9/98) OSCO Drug, Store #2260 975 W. Ray Road 09070667 Chandler, AZ 85224 Maricopa OSCO Drug,Store #2280 SWC Val Vista & Southern. 090702998 Mesa, AZ. (Issued/Inactive Maricopa. (3/23/98) OSCO Drug, Store #2281 7561 E. Baseline Road 09070249 Mesa, AZ 85208 Maricopa OSCO Drug, Store #2294 9172 W. Union Hills Drive 09070555 Peoria, AZ 85382 „Maricopa OSCO Drug, Store#2295 1560 E. Elliott Road #09070629 Gilbert, AZ 85296 (issued/inactive Maricopa 1/16/99) OSCO Drug, Store #2299 1644 S. Lindsay Road 09070452 Gilbert, AZ 85296 Maricopa OSCO Drug, Store #2301 2090 East Fry Blvd. 09020002 Sierra Vista. AZ 85741 Cochise OSCO Drug, Store #2302 1836 West Baseline 09070015 Mesa. AZ 85202 Maricopa OSCO Drug, Store #2304 305 East Brown Road 09070022 Mesa. AZ 85201 Maricopa OSCO Drug, Store #2308 7812 North 12th Street 09070024 Phoenix, AZ 85020 ,Maricopa OSCO Drug, Store #2309 10720 West Bell Road 09070018 Sun City, AZ 85351 Maricopa L 4/8/99-Page 4 of 7 Pages I� Store No. Location1County License No. OSCO Drug, Store #2166 522 Finnie Flat Road, Suite A 09130041 Camp Verde. AZ 86322 Yavapai OSCO Drug, Store #2170 6895 E. Sunrise Drive (Getting license Tucson, AZ 85750 from Store#2069) Pima OSCO Drug, Store #2196 8711 East Speedway 09100195 Tucson, AZ 85710 _pima OSCO Drug, Store #2209 3000 N. Alma School Road 09070390 Chandler. AZ 85224-1470 Maricooa OSCO Drug, Store #2211 6484 North Oracle Road 09100196 Tucson, AZ 85704 Pima OSCO Drug, Store #2237 12409 North Tatum Blvd. 09070512 Phoenix, AZ 85032 ,Maricopa OSCO Drug, Store #2238 5607 North 19th Avenue 09070506 Phoenix, AZ 85015 ,Maricopa OSCO Drug, Store #2239 2321 East Bell Road 09070504 Phoenix. AZ 85022 Maricooa OSCO Drug, Store #2244 4380 North Miller Road 09070505 Scottsdale. AZ 85251 Maricopa OSCO Drug, Store #2248 4316 West Bell Road 09070516 Glendale. AZ 85308 Maricova OSCO Drug, Store #2252 14672 N. Frank Lloyd Wright Blvd. 09070244 Scottsdale. AZ 85254 Maricooa OSCO Drug, Store #2253 725 West Apache Trail 09110045 Apache Junction. AZ 85220 Pinal L 4/8/99-Page 3 of 7 Pages r Store No. Location/County License No. I OSCO Drug, Store #2067 6827 East Apache Trail 09070514 Mesa, AZ 85207 Maricopa OSCO Drug, Store #2069 6309 East 22nd Street 09100234 Tucson, Arizona 85710 (Inactive) pima Moving to#2170 OSCO Drug, Store #2082 6730 West Indian School Road 09070508 Phoenix, AZ 85033 (Maricopa OSCO Drug, Store #2086 4727 East Bell Road 09070513 Phoenix, AZ 85032 ,Maricopa OSCO Drug, Store #2092 921 East Elliott Road 09070065 Tempe, AZ 85283 Maricopa Say-on drugs, Store #2094 2350 Miracle Mile 09080007 Bullhead City, AZ 86430 Mohave 4gor OSCO Drug, Store #2099 2033 West Wickenburg Way 09070683 Wickenburg, AZ 85358 Maricopa OSCO Drug, Store #2102 4742 East Indian School Road 09070517 Phoenix, AZ 85018 Maricopa OSCO Drug, Store #2105 914 East Broadway 09070518 Tempe, AZ 85282 Maricopa OSCO Drug, Store #2107 865 East Grant Road 09100197 Tucson, AZ 85719 Pima OSCO Drug, Store #2130 19602 R.H. Johnson Blvd. 09070682 Sun City West, AZ 85373 Maricopa OSCO Drug, Store #2164 23215 N. Pima Rd. 09070332 Scottsdale, AZ 85255 Maricopa Co- 4/8/99-Page 2 of 7 Pages OSCO DRUG OF TEXAS, INC. Schedule of Liquor Licenses Store No. Location/County License No. OSCO Drug, Store #2004 1102 North Higley Road 09070016 Mesa, AZ 85252 Maricopa OSCO Drug, Store #2018 1137 South Dobson Road 09070511 Mesa, AZ 85202 Maricopa OSCO Drug, Store #2020 3415 West Glendale 09070515 Suite 18 Phoenix, AZ 85017 Maricopa OSCO Drug, Store #2021 1410 East Main Street 09070509 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2023 3320 North Seventh Avenue 09070507 gibe Phoenix, AZ 85013 Maricopa OSCO Drug, Store #2025 3141 East Indian School 09070510 Phoenix. AZ 85016 Maricopa OSCO Drug, Store #2027 2842 North Power Road 09070585 Mesa. Arizona 85207 Maricopa OSCO Drug, Store #2036 7403 East McDowell Road 09070520 Scottsdale. AZ 85257 Maricopa OSCO Drug, Store #2037 9848 West Peoria Avenue 09070541 Peoria, AZ 85345 ,Maricopa OSCO Drug, Store #2056 3514 West Peoria Avenue 09070519 Phoenix. AZ 85029 Maricopa L 4/8/99-Page 1 of 7 Pages Drug, #2304 None $500.00 Sale to 11/7/97 Mr8. Brown Rd. Minor Mesa, AZ 85201 Osco Drug, #2004 None $500.00 Sale to 11/8/97 1102 N. Higley Rd. Minor Mesa, AZ 85252 Osco Drug, #2324 None $500.00 Sale to 12/11/97 5805 W. Thunderbird Minor Glendale, AZ 85307 Osco Drug of Texas None $500.00 Sale to 4/18/98 Say-On Drug, Store #2094 Minor 2350 Miracle Mile Road Bullhead City, AZ 86430 Osco Drug, Store #2333 None $500.00 Sale to 5/15/98 2980 W. Valencia Minor Tucson, AZ 85748 Osco Drug, Store #2209 Pending Sale to 2/16/99 3000 N. Alma School Road Minor Chandler, AZ 85224 8106 Drug, Store #2018 Pending Sale to 2/24/99 1137 S. Dobson Road Minor Mesa, AZ 85202 Osco Drug, Store #2027 Pending Sale to 4/1/99 2842 N. Paver Road Minor Mesa, AZ 85207 **NOTE: The above Liquor License violations occurred while Thomas F. Dieterle was acting as Agent for Osco Drug of Texas, Inc. -, ,1 Larry Gri J:\osco\ADMIN\Licensc Attachments\Violation chart Fines, Suspension or Revocation of Liquor Licenses m In the State of Arizona Address Length of Fine Reason Date of Suspension Violation Osco Drug, #2102 None $1,000 Sale to 12/26/85 4742 E. Indian School Minor Phoenix, AZ 85018 Osco Drug, #2056 None $750 Sale to 08/06/86 3514 W. Peoria Minor Phoenix, AZ 85029 Osco Drug, #2062 None $1,000 Sale to 12/16/88 460 S. Country Club Dr Minor Mesa, AZ 85029 Osco Drug, #2248 None $750 Sale to 04/20/90 4316 W. Bell Rd. Minor Glendale, AZ 85308 Osco Drug, #2308 None $750 Sale to 04/27/90 4. 112 N. 12th Street Minor iioenix, AZ 85020 **NOTE: The above Liquor License violations occurred while Richard Miller was acting as Agent for American Drug Stores, Inc. Osco Drug, #2021 None $500 Sale to 03/05/94 1410 E. Main Minor Mesa, AZ 85201 Osco Drug, #2330 $500 with Sale to 2/3/96 3506 E. Santa Fe training program Minor Flagstaff, AZ 86001 in place Osco Drug, #2329 None $650 Sale to 1/10/97 1121 South Plaza Way Minor Flagstaff, AZ 86001 Osco Drug, #2196 None $625.00 Sale to 7/31/97 8711 E. Speedway Minor Tucson, AZ 85710 aco Drug, #2067 None $625.00 Sale to 10/10/97 -0827 E. Apache Trail Minor Mesa, AZ 85207 Store No. Location/County License No. OSCO Drug, Store #2351 5829 South Central Avenue 09070061 Phoenix, AZ 85040 Maricopa OSCO Drug, Store #2352 1911 West Thunderbird 09070068 Phoenix, AZ 85023 Maricopa OSCO Drug, Store #2353 1927 North Gilbert, #1 09070071 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2354 240 West Continental Road 09100014 Green Valley, AZ 85614 Pima OSCO Drug, Store #2356 5734 West Peoria Avenue 09070583 Glendale, AZ 85302 Maricopa OSCO Drug, Store #2357 4825 East Warner, Suite 16 09071018 Phoenix, AZ 85044 Maricopa OSCO Drug, Store #2358 802 East Union Hills 09071017 Phoenix, AZ 85024 Maricopa OSCO Drug, Store #3433 7720 W. Bell Road 09070570 Glendale. AZ 85308 Maricopa OSCO Drug, Store #5015 3601 E. Broadway. Suite 123 09100198 Tucson. AZ 85716 Pima Active licenses - 74 Inactive licenses - 4 78 4/8/99-Page 7 of 7 Pages Store No. I Location/County License No. OSCO Drug, Store #2330 3506 East Santa Fe 09030035 Flagstaff. AZ 86001 Coconino OSCO Drug, Store #2332 4748 East Sunrise 09100011 Tucson, AZ 85718 ?Una OSCO Drug, Store #2333 2980 West Valencia 09100034 `Tucson, AZ 85748 iPh OSCO Drug, Store #2334 1000 North Humphreys, #120 09030028 Flagstaff, AZ 86001 Coconino Say-on drugs #2336 3155 Stockton Hill Road 09080024 Kingman, AZ 86401 ,Mohave OSCO Drug, Store #2337 7700 East Hwy. 69 09130001 Prescott Valley, AZ 86312 Yavapai OSCO Drug, Store #2338 7015 East Tanque Verde 09100010 Tucson, AZ 85715 Pima OSCO Drug, Store #2339 711 North Gilbert Road 09070021 Gilbert. AZ 85234 Maricona OSCO Drug, Store #2340 1655 East Cottonwood 09130035 Cottonwood. AZ 85326 Yavapai Say-on drugs, Store #2341 141 West Riverside Drive 09150002 Parker. AZ 85344 La Paz OSCO Drug, Store #2342 1525 East Navajo Blvd. 09090038 Holbrook. AZ 86025 Navajo OSCO Drug, Store #2350 3302 West Van Buren 09070057 Phoenix. AZ 85009 Maricopa L 4/8/99-Page 6 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2310 10653 North Scottsdale Road 09070019 Scottsdale, AZ 85254 MMaricopa OSCO Drug, Store #2311 908 North Alma School Road 09070023 Chandler. AZ 85224 Maricona OSCO Drug, Store #2312 7727 East Broadway Blvd. 09100003 Tucson, AZ 85710 Pima OSCO Drug, Store #2314 3741 West Ina Road 09100004 Tucson, AZ 85741 Pima OSCO Drug, Store #2315 3754 South 16th Street 09100265 Tucson. AZ 85713 Pima Say-on drugs Store #2318 1555 S.Avenue B 09140063 Yuma, AZ 85364 Yuma OSCO Drug, Store #2323 4326 West Thomas 09070559 Phoenix, AZ 85031 Maricona OSCO Drug, Store #2324 5805 West Thunderbird 09070567 Glendale. AZ 85307 Maricona OSCO Drug, Store #2325 1537 East Bethany Home Road 09070553 Phoenix. AZ 85014 Maric op a OSCO Drug, Store #2327 7151 East Lincoln Drive 09070129 Scottsdale. AZ 85235 jviaricopa OSCO Drug, Store #2328 1316 Iron Springs Road 09130037 Prescott. AZ 86301 Yavanai OSCO Drug, Store #2329 1121 South Plaza Way 09030036 Flagstaff. AZ 86001 Coconino L 4/8/99-Page 5 of 7 Pages Store No. Location/County I License No. OSCO Drug, Store #2255 NWC Florence & Arizola 09110029 Casa Grande, AZ (Inactive 511/97) Pinal (This location canceled as of 9/98) OSCO Drug, Store #2260 975 W. Ray Road 09070667 Chandler, AZ 85224 Maricopa OSCO Drug,Store #2280 SWC Val Vista& Southern 090702998 Mesa, AZ (Issued/Inactive Maricopa 3/23198) OSCO Drug, Store #2281 7561 E. Baseline Road 09070249 Mesa, AZ 85208 ,Maricopa OSCO Drug, Store #2294 9172 W. Union Hills Drive 09070555 Peoria, AZ 85382 Maricopa OSCO Drug, Store #2295 1560 E. Elliott Road #09070629 Gilbert, AZ 85296 (issued/inactive ,,Maricopa 1/16/99) OSCO Drug, Store #2299 1644 S. Lindsay Road 09070452 Gilbert. AZ 85296 Maricopa OSCO Drug, Store #2301 2090 East Fry Blvd. 09020002 Sierra Vista. AZ 85741 Cochise OSCO Drug, Store #2302 1836 West Baseline 09070015 Mesa. AZ 85202 aricopa OSCO Drug, Store #2304 305 East Brown Road 09070022 Mesa. AZ 85201 ,,Maricopa OSCO Drug, Store #2308 7812 North 12th Street 09070024 Phoenix, AZ 85020 Maricopa OSCO Drug, Store #2309 10720 West Bell Road 09070018 Sun City, AZ 85351 ,Maricopa L 4/8/99-Page 4 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2166 522 Finnie Flat Road, Suite A 09130041 Camp Verde, AZ 86322 Yavapai OSCO Drug, Store #2170 6895 E. Sunrise Drive (Getting license Tucson, AZ 85750 from Store#2069) Pima OSCO Drug, Store #2196 8711 East Speedway 09100195 Tucson, AZ 85710 Pima OSCO Drug, Store #2209 3000 N. Alma School Road 09070390 Chandler, AZ 85224-1470 Maricopa OSCO Drug, Store #2211 6484 North Oracle Road 09100196 Tucson, AZ 85704 Pima OSCO Drug, Store #2237 12409 North Tatum Blvd. 09070512 Phoenix, AZ 85032 ,Maricopa OSCO Drug, Store #2238 5607 North 19th Avenue 09070506 Phoenix. AZ 85015 Maricopa OSCO Drug, Store #2239 2321 East Bell Road 09070504 Phoenix. AZ 85022 Maricopa OSCO Drug, Store #2244 4380 North Miller Road 09070505 Scottsdale. AZ 85251 Maricopa OSCO Drug, Store #2248 4316 West Bell Road 09070516 Glendale. AZ 85308 Maricopa OSCO Drug, Store #2252 14672 N. Frank Lloyd Wright Blvd. 09070244 Scottsdale, AZ 85254 7vfaricona OSCO Drug, Store #2253 725 West Apache Trail 09110045 Apache Junction. AZ 85220 Pinal L 4/8/99-Page 3 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2067 6827 East Apache Trail 09070514 Mesa, AZ 85207 Maricopa OSCO Drug, Store #2069 6309 East 22nd Street 09100234 Tucson, Arizona 85710 (Inactive) Pima Moving to#2170 OSCO Drug, Store #2082 6730 West Indian School Road 09070508 Phoenix, AZ 85033 Maricopa OSCO Drug, Store #2086 4727 East Bell Road 09070513 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2092 921 East Elliott Road 09070065 Tempe, AZ 85283 Maricopa Say-on drugs, Store #2094 2350 Miracle Mile 09080007 Bullhead City, AZ 86430 Mohave OSCO Drug, Store #2099 2033 West Wickenburg Way 09070683 Wickenburg, AZ 85358 )laricopa OSCO Drug, Store #2102 4742 East Indian School Road 09070517 Phoenix, AZ 85018 Maricopa OSCO Drug, Store #2105 914 East Broadway 09070518 Tempe, AZ 85282 ,Maricopa OSCO Drug, Store #2107 865 East Grant Road 09100197 Tucson, AZ 85719 Pima OSCO Drug, Store #2130 19602 R.H. Johnson Blvd. 09070682 Sun City West, AZ 85373 Maricopa OSCO Drug, Store #2164 23215 N. Pima Rd. 09070332 Scottsdale, AZ 85255 Maricopa L 4/8/99-Page 2 of 7 Pages OSCO DRUG OF TEXAS, INC. Schedule of Liquor Licenses Store No. Location{Gounty License No. - OSCO Drug, Store #2004 1102 North Higley Road 09070016 Mesa, AZ 85252 Maricopa OSCO Drug, Store #2018 1137 South Dobson Road 09070511 Mesa, AZ 85202 Maricopa OSCO Drug, Store #2020 3415 West Glendale 09070515 Suite 18 Phoenix, AZ 85017 Maricopa OSCO Drug, Store #2021 1410 East Main Street 09070509 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2023 3320 North Seventh Avenue 09070507 Phoenix, AZ 85013 Maricopa OSCO Drug, Store #2025 3141 East Indian School 09070510 Phoenix, AZ 85016 Maricopa OSCO Drug, Store #2027 2842 North Power Road 09070585 Mesa, Arizona 85207 Maricopa OSCO Drug, Store #2036 7403 East McDowell Road 09070520 Scottsdale. AZ 85257 Maricopa OSCO Drug, Store #2037 9848 West Peoria Avenue 09070541 Peoria, AZ 85345 Maricopa OSCO Drug, Store #2056 3514 West Peoria Avenue 09070519 Phoenix, AZ 85029 Maricopa L 4/8/99-Page 1 of 7 Pages iCDrug, #2304 None $500.00 Sale to 11/7/97 3 . Brown Rd. Minor Mesa, AZ 85201 Osco Drug, #2004 None $500.00 Sale to 11/8/97 1102 N. Higley Rd. Minor Mesa, AZ 85252 Osco Drug, #2324 None $500.00 Sale to 12/11/97 5805 W. Thunderbird Minor Glendale, AZ 85307 Osco Drug of Texas None $500.00 Sale to 4/18/98 Say-On Drug, Store #2094 Minor 2350 Miracle Mile Road Bullhead City, AZ 86430 Osco Drug, Store #2333 None $500.00 Sale to 5/15/98 2980 W. Valencia Minor Tucson, AZ 85748 Osco Drug, Store #2209 Pending Sale to 2/16/99 3000 N. Alma School Road Minor Chandler, AZ 85224 Osco Drug, Store #2018 Pending Sale to 2/24/99 1137 S. Dobson Road Minor Mesa, AZ 85202 Osco Drug, Store #2027 Pending Sale to 4/1/99 2842 N. Power Road Minor Mesa, Az 85207 **NOTE: The above Liquor License violations occurred while Thomas F. Dieterle was acting as Agent for Osco Drug of Texas, Inc. David F. Burns J:\osco\ADMIN\Licease Attachments\Violation chart Fines, Suspension or Revocation of Liquor Licenses In the State of Arizona Address Len¢th of Fine Reason Date of Suspension Violation Osco Drug, #2102 None $1,000 Sale to 12/26/85 4742 E. Indian School Minor Phoenix, AZ 85018 Osco Drug, #2056 None $750 Sale to 08/06/86 3514 W. Peoria Minor Phoenix, AZ 85029 Osco Drug, #2062 None $1,000 Sale to 12/16/88 460 S. Country Club Dr Minor Mesa, AZ 85029 Osco Drug, #2248 None $750 Sale to 04/20/90 4316 W. Bell Rd. Minor Glendale, AZ 85308 Osco Drug, #2308 None $750 Sale to 04/27/90 12 N. 12th Street Minor oenix, AZ 85020 **NOTE: The above Liquor License violations occurred while Richard Miller was acting as Agent for American Drug Stores, Inc. Osco Drug, #2021 None $500 Sale to 03/05/94 1410 E. Main Minor Mesa. AZ 85201 Osco Drug, #2330 $500 with Sale to 2/3/96 3506 E. Santa Fe training program Minor Flagstaff, AZ 86001 in place Osco Drug, #2329 None $650 Sale to 1/10/97 1121 South Plaza Way Minor Flagstaff. AZ 86001 Osco Drug, #2196 None $625.00 Sale to 7/31/97 8711 E. Speedway Minor Tucson, AZ 85710 co Drug, #2067 None $625.00 Sale to 10/10/97 27 E. Apache Trail Minor Mesa. AZ 85207 L 3 /S , 1995 State of Arizona Arizona Department of Liquor Licenses and Control 800 West Washington, Fifth Floor Phoenix, AZ 85007 TO WHOM IT MAY CONCERN: In reference to Questions 11 and 12 on the Personal Questionnaire, please be advised that Nier in 1993 in Ohio I was stopped for D.U.I.; however, I was charged with reckless driving. David F. Burns J:\osco\ADMIN\License Attachments\BURNS.TRA - -- ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL `4' 800 W Washington 5th Floor400 W Congress#150 Phoenix AZ 85007-2934 ' ::!:5)4.--- Tucson AZ 85701-1352 (602) 542-5141 4'at.,10 (520)628-6595 Q UFSTIONNAmE READ.CARE CAREFULLY. INSTRUMENT A SWORNDOCUM - _"-. An extensive investigation of your bckrouth will be conducted...False or incomplete answers could result in Final 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 THUS 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 nrocessine fee for each finaernrint card submitted. A service fee of$25.00 will be cheesed for all dishonored chedks(A.RS.44.6852) TYPE OR PRINT WITH BLACK INK Check appropriate box El 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: BURNS DAVE FRANCIS 04/23/54 Date of Birth: Last Fast !Addle 602 956-5300 2. Name of Licensed Premises: OSCO Store #2704 Premises Phone:( ) 3. Licensed premises Address: 16545 E. Palisades Fountain Hi 11 c Mari r•npa 85268 Liquor License#n9n7n7RF Street Address (Do not use PO Baal#) City Canty Zip (If this laacm is cweaiy iiceased) r)rivers License#: B 7114908 State CA Residence Phone:( ) - ght 6'2" Weight 158 Eyes: Brown Ham: Brown Place of Birth: Butte MT City Snoe 5. Name of Spouse: Burns Debra Jane Withey Date of Binh 10/13/56 Lau First Middle Maiden 6. You are a bona fide resident of what state? New Mexico If Arizona,date of residency: 7. If you have been a resident less than three(3)months,submit a copy of drivers license or voter registration card. 8. Indicate your employment or type of business during the past five(5)rears.if unemployed part of the time.so state. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYERS NAME OR NAME OF BUSINESS Month/Year MootNYea `OR BUSINESS (Give street address.city.save A zip) CURRENT District Manager American Stores - 6565 Knott Avenue 04/95 Retail Sav-on Stores Buena Park, CA 90620 Laneco/Twin Valu/Supervalu 0492 03/95 Sr. VP - Operations Easton, PA Retail Manager American Stores • 04/72 04/92 Supervisor Same as Sav-on (ATTACH ADDITIONAL SHEET IF NECESSARY) I 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Mandt/Yea Mande/Year Street Address Cey Sty TV 10/93 CZJRRENT 57 Richmond Estates Tijeres - NM 87059 Mission 1/95 10/93 25541 Pacific Hills Dr. Viejo CA 92692 09/93 09/95 3926 Greenfield Farms Dr. Union Town OH 44685 LE 0101 698 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress#150 ;' ` Tucson AZ 85701 LoyPhoenix AZ 85007 (602) 542-5141 dot, (520) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING:PROGRAMS) OBTNN ORIGINALS OF THIS FORM FROM OLLC OO NOT PHOTOCOPY.DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION --"PAULETTE EWIRE Individual Name(Print) _ Individual Signature TYPE OF TRAINING COMPLETED O t-k Z b ci S 21 BASIC ❑ ON OAEE Date Training Compietea ® MANAGEMENT OFF SALE BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: �5 c0 DRUG OF TEXAS 2Ac OSCO 77R VG 370 R ES 0907 O G 6 7 NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER I ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Business Council for Alcohol Education (B.C.A.E.) Company or individual Name 500 East Thomas Road # 100 Aggress Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn Trainer Name(Print) rain r S gnature Date iner qi e original of completed form to trainee. photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: "wnertsl.licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Lipti)of of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered mplete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. uc 1021 01,98 Disabled individuals requiring special accommodations please call(602)542-9051 In addition to being an Officer and/or Director of the Applicant. OSCO DRUG of fifte TEXAS. INC. I am also an Officer and/or Director of the following. corporations which hold approximately 1113 spirituous liquor in 15 states: CORPORATION LICENSES STATE AMERICAN DRUG STORES 2 ARKANSAS 219 ILLINOIS 24 IOWA 27 KANSAS 1 MAINE 1 MASSACHUSETTS 1 MINNESOTA 29 MISSOURI 8 MONTANA 13 NEBRASKA 59 NEVADA 20 NEW HAMPSHIRE 1 SOUTH DAKOTA 20 WISCONSIN LUCKY STORES INC.. DELAWARE 688 CALIFORNIA Arizona liquor violations are set forth on the attached Schedule with regard to the Applicant. OSCO DRUG OF TEXAS. INC. The above referred to corporations have had various liquor violations, however none of them resulted in a revocation of a spirituous liquor license. I am not involved in the day to day operations of the above corporations of the liquor license issued thereto. Dated: 0. 1/CLj / // Siena 3/11/99 PAULETTE DEWIRE Store No. Location/County License No. it OSCO Drug, Store #2351 5829 South Central Avenue 09070061 Phoenix, AZ 85040 Maricopa OSCO Drug, Store #2352 1911 West Thunderbird 09070068 Phoenix, AZ 85023 Maricopa OSCO Drug, Store #2353 1927 North Gilbert, #1 09070071 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2354 240 West Continental Road 09100014 Green Valley, AZ 85614 Pima OSCO Drug, Store #2356 5734 West Peoria Avenue 09070583 Glendale, AZ 85302 ,Maricopa OSCO Drug, Store #2357 4825 East Warner, Suite 16 09071018 Phoenix, AZ 85044 Maricopa ,,, OSCO Drug, Store #2358 802 East Union Hills 09071017 Phoenix, AZ 85024 Maricopa OSCO Drug, Store #3433 7720 W. Bell Road 09070570 Glendale. AZ 85308 Maricopa OSCO Drug, Store #5015 3601 E. Broadway, Suite 123 09100198 Tucson, AZ 85716 Pima Active licenses - 74 Inactive licenses - 78 L 4/8/99-Page 7 of 7 Pages Store No. LocationiCountv _ License No. I OSCO Drug, Store #2330 3506 East Santa Fe 09030035 Flagstaff. AZ 86001 Coconino OSCO Drug, Store #2332 4748 East Sunrise 09100011 Tucson, AZ 85718 Pima OSCO Drug, Store #2333 2980 West Valencia 09100034 Tucson, AZ 85748 Pima OSCO Drug, Store #2334 1000 North Humphreys, #120 09030028 Flagstaff. AZ 86001 (Coconino Say-on drugs #2336 3155 Stockton Hill Road 09080024 Kingman. AZ 86401 Mohave OSCO Drug, Store #2337 7700 East Hwy. 69 09130001 Prescott Valley, AZ 86312 Yavapai OSCO Drug, Store #2338 7015 East Tanque Verde 09100010 Tucson, AZ 85715 ,Pima OSCO Drug, Store #2339 711 North Gilbert Road 09070021 Gilbert. AZ 85234 JMaricopa OSCO Drug, Store #2340 1655 East Cottonwood 09130035 Cottonwood, AZ 85326 Yavapai Say-on drugs, Store #2341 141 West Riverside Drive 09150002 Parker, AZ 85344 La Paz OSCO Drug, Store #2342 1525 East Navajo Blvd. 09090038 Holbrook. AZ 86025 Navajo OSCO Drug, Store #2350 3302 West Van Buren 09070057 Phoenix. AZ 85009 Maricopa L 4/8/99- Page 6 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2310 10653 North Scottsdale Road 09070019 Scottsdale. AZ 85254 ,Maricopa OSCO Drug, Store #2311 908 North Alma School Road 09070023 Chandler. AZ 85224 Maricot a OSCO Drug, Store #2312 7727 East Broadway Blvd. 09100003 Tucson, AZ 85710 Pima OSCO Drug, Store #2314 3741 West Ina Road 09100004 Tucson, AZ 85741 Pima OSCO Drug, Store #2315 3754 South 16th Street 09100265 Tucson. AZ 85713 Pima Say-on drugs Store #2318 1555 S.Avenue B 09140063 Yuma, AZ 85364 Yuma OSCO Drug, Store #2323 4326 West Thomas 09070559 Phoenix, AZ 85031 Maricopa OSCO Drug, Store #2324 5805 West Thunderbird 09070567 Glendale. AZ 85307 Maricopa OSCO Drug, Store #2325 1537 East Bethany Home Road 09070553 Phoenix. AZ 85014 Maricota OSCO Drug, Store #2327 7151 East Lincoln Drive 09070129 Scottsdale. AZ 85235 Maricopa OSCO Drug, Store #2328 1316 Iron Springs Road 09130037 Prescott. AZ 86301 Yavanai OSCO Drug, Store #2329 1121 South Plaza Way 09030036 Flagstaff. AZ 86001 Coconino L 4/8/99-Page 5 of 7 Pages Store No. Location/County I License No. OSCO Drug, Store #2255 NWC Florence &Arizola 09110029 Casa Grande, AZ (Inactive 5/1/97) Pinai (This location canceled as of 9/98) OSCO Drug, Store #2260 975 W. Ray Road 09070667 Chandler. AZ 85224 Maricopa OSCO Drug, Store#2280 SWC Vat Vista & Southern 090702998 Mesa, AZ (Issued/Inactive. Maricopa 3/23/98) , OSCO Drug, Store #2281 7561 E. Baseline Road 09070249 j Mesa, AZ 85208 Maricopa OSCO Drug, Store #2294 9172 W. Union Hills Drive 09070555 Peoria, AZ 85382 Maricopa OSCO Drug, Store#2295 1560 E. Elliott Road #09070629 Gilbert, AZ 85296 (issued/inactive ,Maricopa 1/16/99) OSCO Drug, Store #2299 1644 S. Lindsay Road 09070452 Gilbert. AZ 85296 Maricova OSCO Drug, Store #2301 2090 East Fry Blvd. 09020002 Sierra Vista. AZ 85741 Co chise OSCO Drug, Store #2302 1836 West Baseline 09070015 esa. AZ 85202 aricopa OSCO Drug, Store #2304 305 East Brown Road 09070022 Mesa. AZ 85201 Maricova , OSCO Drug, Store #2308 7812 North 12th Street 09070024 Phoenix, AZ 85020 ,Maricopa - OSCO Drug, Store #2309 10720 West Bell Road 09070018 Sun City, AZ 85351 _ Maricova 4/8/99-Page 4 of 7 Pages Store No. LocationiCounty_ License No. OSCO Drug, Store #2166 522 Finnie Flat Road, Suite A 09130041 Camp Verde, AZ 86322 Yavapai OSCO Drug, Store #2170 6895 E. Sunrise Drive (Getting license Tucson, AZ 85750 from Store#2069) Pima OSCO Drug, Store #2196 8711 East Speedway 09100195 Tucson, AZ 85710 Pima OSCO Drug, Store #2209 3000 N. Alma School Road 09070390 Chandler, AZ 85224-1470 ,Maricopa OSCO Drug, Store #2211 6484 North Oracle Road 09100196 Tucson, AZ 85704 Pima OSCO Drug, Store #2237 12409 North Tatum Blvd. 09070512 Phoenix, AZ 85032 Maricopa (be OSCO Drug, Store #2238 5607 North 19th Avenue 09070506 phoenix, AZ 85015 aricopa OSCO Drug, Store #2239 2321 East Bell Road 09070504 Phoenix, AZ 85022 Maricopa OSCO Drug, Store #2244 4380 North Miller Road 09070505 Scottsdale, AZ 85251 ,Maricopa OSCO Drug, Store #2248 4316 West Bell Road 09070516 Glendale, AZ 85308 Maricopa OSCO Drug, Store #2252 .14672 N. Frank Lloyd Wright Blvd. 09070244 Scottsdale, AZ 85254 Maricopa OSCO Drug, Store #2253 725 West Apache Trail 09110045 Apache Junction, AZ 85220 Pinal L 4/8/99-Page 3 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2067 6827 East Apache Trail 09070514 Mesa, AZ 85207 Maricopa OSCO Drug, Store#2069 6309 East 22nd Street 09100234 Tucson, Arizona 85710 (Inactive) Pima Moving to W2170 OSCO Drug, Store #2082 6730 West Indian School Road 09070508 Phoenix, AZ 85033 Maricopa OSCO Drug, Store #2086 4727 East Bell Road 09070513 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2092 921 East Elliott Road 09070065 Tempe, AZ 85283 Maricopa Say-on drugs, Store #2094 2350 Miracle Mile 09080007 Bullhead City, AZ 86430 Mohave OSCO Drug, Store #2099 2033 West Wickenburg Way 09070683 Wickenburg, AZ 85358 Maricopa OSCO Drug, Store #2102 4742 East Indian School Road 09070517 Phoenix, AZ 85018 Maricopa OSCO Drug, Store #2105 914 East Broadway 09070518 Tempe, AZ 85282 Maricopa OSCO Drug, Store #2107 865 East Grant Road 09100197 Tucson, AZ 85719 ,Pima OSCO Drug, Store #2130 19602 R.H. Johnson Blvd. 09070682 Sun City West, AZ 85373 Maricopa OSCO Drug, Store #2164 23215 N. Pima Rd. 09070332 Scottsdale. AZ 85255 Maricopa L 4/8/99- Page 2 of 7 Pages OSCO DRUG OF TEXAS, INC. Schedule of Liquor Licenses Store No. Location/County I License No. - OSCO Drug, Store #2004 1102 North Higley Road 09070016 Mesa, AZ 85252 Maricopa OSCO Drug, Store #2018 1137 South Dobson Road 09070511 Mesa, AZ 85202 ,Maricopa OSCO Drug, Store #2020 3415 West Glendale 09070515 Suite 18 Phoenix, AZ 85017 Maricopa OSCO Drug, Store #2021 1410 East Main Street 09070509 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2023 3320 North Seventh Avenue 09070507 Phoenix. AZ 85013 Maricopa OSCO Drug, Store #2025 3141 East Indian School 09070510 Phoenix. AZ 85016 Maricona OSCO Drug, Store #2027 2842 North Power Road 09070585 Mesa. Arizona 85207 Maricopa OSCO Drug, Store #2036 7403 East McDowell Road 09070520 Scottsdale. AZ 85257 Maricopa OSCO Drug, Store #2037 9848 West Peoria Avenue 09070541 Peoria. AZ 85345 Maricooa OSCO Drug, Store #2056 3514 West Peoria Avenue 09070519 Phoenix. AZ 85029 Maricora L 4/8/99-Page 1 of 7 Pages )s rug, #2304 None $500.00 Sale to 11/7/97 0 Brown Rd. Minor •lesa, AZ 85201 )sco Drug, #2004 None $500.00 Sale to 11/8/97 .102 N. Higley Rd. Minor vlesa, AZ 85252 Dsco Drug, #2324 None $500.00 Sale to 12/11/97 5805 W. Thunderbird Minor 31endale, AZ 85307 Osco Drug of Texas None $500.00 Sale to 4/18/98 Say-On Drug, Store#2094 Minor 2350 Miracle Mile Road Bullhead City, AZ 86430 Osco Drug, Store #2333 None $500.00 Sale to 5/15/98 2980 W. Valencia Minor Tucson, AZ 85748 Osco Drug, Store #2209 Pending Sale to 2/16/99 3000 N. Alma School Road Minor Chandler, AZ 85224 Osrug, Store #2018 Pending Sale to 2/24/99 1137 S. Dobson Road Minor Mesa, AZ 85202 Osco Drug, Store #2027 Pending Sale to 4/1/99 2842 N. Power Road Minor Mesa, AZ 85207 **NOTE: The above Liquor License violations occurred while Thomas F. Dieterle was acting as Agent for Osco Drug of Texas, Inc. & �e LPL t� L--c c Paulette Dewire J:\osco\ADMIN\License Attachments\Violation chart L Fines, Suspension or Revocation of Liquor Licenses In the State of Arizona Address Leneth of Fine Reason Date of Suspension Violation Osco Drug, #2102 None $1,000 Sale to 12/26/85 4742 E. Indian School Minor Phoenix, AZ 85018 Osco Drug, #2056 None $750 Sale to 08/06/86 3514 W. Peoria Minor Phoenix, AZ 85029 Osco Drug, #2062 None $1,000 Sale to 12/16/88 460 S. Country Club Dr Minor Mesa, AZ 85029 Osco Drug, #2248 None $750 Sale to 04/20/90 4316 W. Bell Rd. Minor Glendale, AZ 85308 Osco Drug, #2308 None $750 Sale to 04/27/90 N. 12th Street Minor 11111enix, AZ 85020 **NOTE: The above Liquor License violations occurred while Richard Miller was acting as Agent for American Drug Stores. Inc. Osco Drug, #2021 None $500 Sale to 03/05/94 1410 E. Main Minor Mesa, AZ 85201 Osco Drug, #2330 $500 with Sale to 2/3/96 3506 E. Santa Fe training program Minor Flagstaff. AZ 86001 in place Osco Drug, #2329 None $650 Sale to 1/10/97 1121 South Plaza Way Minor Flagstaff, AZ 86001 Osco Drug, #2196 None $625.00 Sale to 7/31/97 8711 E. Speedway Minor Tucson, AZ 85710 Drug, #2067 None $625.00 Sale to 10/10/97 lie, E. Apache Trail Minor Mesa, AZ 85207 • Jurat with Affiant Statement State of California ) ss County of Orange ) See attached document: Questionnaire, Arizona Department of Liquour Licenses & Control. Subscribed and sworn to before me this 16th day of March, 1999. Name of Signer: Paulette Dewire. /A4 rTHJCOOKGARCLAl Commission# 1157174 / L =. NotaryPublic-California = THEADORA J. .WOK GARCIA ��► Orange County NOTARY PUBLIC My Comm.Expires Oct 3,2001 L ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL " „' 400 W Congress#150 800 W Washington 5th Floor • Tucson AZ 85701-1352 Phoenix AZ 85007-2934 7 (602) 542-5141 �rn� ,. (520) 628-6595 QUESTIONNAIRE READ CAREFULLY. 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 suamrr 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. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 1. Name: De'ire Paol1Pf'1-e Date of Birth: 12/28/46 List Fast IvTidme 2. Name of Licensed Premises: OSCO Store #2704 Premises Phone:( 602 ) 956-5300 3. Licensed Premises Address: 16545 E. Palisades Fountain Hills Maricopa 85268 Liquor License#09070286 Street Address (Do not use PO Boot#) Cuy Canty Tip (If this location is currecaly licensed) 4. Drivers License#: N 4 213 321 State CA Residence Phone:(310 ) 6 4 4 - 070 3 Cat 5 ' 1" Weight 120 Eyes: Grn Hair. Red Place of Birth: Pittsburgh, Pennsylvania Gty senor 5. Name of Spouse: None Date of Birth: Last First Kiddie Maiden 6. You are a bona fide resident of what state? California If Arizona,date of residency: 7. If you have been a resident less than three(3)months.submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years.if unemployed part of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Match/Year Malb/Year OR BUSINESS (Give street address.city.stare&zip) CURRENT Ass ' t Sec. of OSCO Drug American Drug Stores/Say—On Drugs 1/1/93 of Texas Inc & American 6565 Knott Ave . , Buena Park , CA 90620 Drug Stores 2/78 1/93 In Store Systems (same as above) University of Southern California 6/73 2/78 Computer Systems 837 W. 36th P1 . Los Angeles . CA 90007 (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Mcath/Year Momh/Year Street Address City State Tip July 98 ' Cman' 17202 Corbina. Lane , #102 Huntington Beach CA 2649 June 197kkJuly 9$'4029 W. 138th St. , #113 Hawthorne CA 90250 ucoloi 698 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL .:'am, 800 W Washington 5th Floor. 400 W Congress#150 Phoenix AZ 85007-2934 r.1.. _ Tucson AZ 85701-1352 . , (602) 542-5141 Batt'_ (520) 628-6595 OBTAIN OltlafNAL$OP 7105 FORM FROM d.LC•DO NOT PNOTOCCO0Y.DOCUMENT!.COMPUTER SCAN/MD. TYPE OR PR tirienH SLACK INK. rfy:.:; 7'4-1 . -;`.E j( (r ,d �l 1jR Y:!,--'1:f=.4,'-r.e., 1c1 %\,26---7—:44101 c ferI-e... l individual Name(Print) IhdMdual Signature ��/ Q TYPE)DF TRAINING COMPLETED r7 — -/ 9 & BASIC ❑ ON SALE Data Mining Completed • ❑ MANAGEMENT 14. OFF SALE ❑ BOTH 0 OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: • • • dW\C S OJ Q eRl e O S co O2 v 09d'Mle407 NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER g Sc ° D O 64 T-€ qs . in c; Company or ual Name t I O W C A j.e2-�N D2 ( u are a- - • Cecylauv ea2t(.._ ALL (Nio( S • C� o ( 3 ! City State. ZIP Phone I Certify the above named Individual has s uccessfullycompleted the specified program(s). .71-) 0 AS Rr,rakterPr Nft V.1 (...,_ - 1 —439 �_ Dais Trainer aloe onolr*I of completed form to trainee. photocopy and maintain comoieted document for your records. Mandatory Liquor Law Trailing for all now appIIca cns submitted after Nov.1.1997. A.R.S.Section 4-11 Z(0)(2). • Completion of die Liquor License Training Cauraee is re eared at to issuance of a license. The persons)required to attend both the Basle Liquor Law end Manapsnrent Trebling.(either on-sale or of-side).w8 Include al of the blowing: owns(s).licensee/agent or managers)WHQ,d$E ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OR THE BUSINESS. (itired of attendance within the test five yew oot s for the required raw must be submitted to the Capar>snors before the dowse application le considered Rsoeeccance of a Manager's Questionnaire and/or Agent Change be an existing license.proof of auarndance(or the Basic Uquor Law and Manaoement Training(either on-sale or off-sale)win be required • 01/06/99 WED 15:16 [TX/RI NO 5066] el001 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,.,,,.,14,1 may= L800 W Washington 5th Floor 400 W Congress #150 �- Tucson AZ 85701 Phoenix AZ 85007 - ' (602) 542-5141 44011,0 (520) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL.TRAINING PROGRAM(S). ' OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY.DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION 1 1 L r...AS 7 ZL_ ri.-_- Individual Name(Print) T.04;116.04 individual Signature TYPE OF TRAINING COMPLETED 03 11 °1 c>1 0 0*tO ® ON SALE Date Training Completed IRJ MANAGEMENT E OFF SALE D 00Ti 1 0 OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: TaloN,Ars T.. ‘ 'M'CZ1� OSCi ►tigc ter- 090ie&cp-7 icy NAME OHE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Business Council for Alcohol Education (B.C.A.E.) Company or Individual Name 500 East Thomas Roach 1 tin Address Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn 1\ rain ature \ Trainer Name(Print, )rj r S gn Date iner("Hie oriainal of completed form to trainee. photocopy and maintain comoteted document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: cwnerisi,licensee/agent or managerts)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Pr -i attendance within the last five years for me required courses must be submitted to the Department before the license application is considered te. Beacceptance of a Manager's Questionnaire and/or Agent Change for an existing license.proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sales will be required. _:c 1021 o+,sa Disabled individuals requinng special accommodations please call(602)542-9051 a I am the Agent of the Applicant, OSCO DRUG OF TEXAS,INC. for the foregoing list of Arizona stores and liquor licenses. tLtak„ek %, l Thomas F. Dieter e r March 19 , 199 9 State of Arizona Arizona Department of Liquor Licenses and Control 800 West Washington, Fifth Floor Phoenix, AZ 85007 TO WHOM IT MAY CONCERN: In reference to Questions 11 and 12 on the Personal Questionnaire, please be advised that I have had six minor traffic violations for which I was fined. These were in the States of California and Arizona. 1. Speeding ticket (1978); 2. Failure to come to a complete stop at a stop sign (1990); 3. Illegal left hand turn (1990); 4. Speeding ticket (1991); 5. Speeding ticket (July, 1994); and 6. Speeding ticket (1996). \\11%LcAt.A<_ QifiltA_QI THOMAS F. DIETERLE In addition to being an Officer and/or Director of the Applicant. OSCO DRUG of TEXAS, INC. I am also an Officer and/or Director of the following corporations which hold approximately 1221 spirituous liquor in 17 states: CORPORATION LICENSES I STATE AMERICAN DRUG STORES 1 ARKANSAS 219 ILLINOIS 24 IOWA 27 KANSAS 1 MAINE 1 MASSACHUSETTS 1 MINNESOTA 29 I MISSOURI 8 MONTANA 13 I NEBRASKA 59 NEVADA 20 NEW HAMPSHIRE 1 SOUTH DAKOTA 20 I WISCONSIN AMERICAN PARTNERS 59 INDIANA Crr JEWEL FOOD STORES 33 ILLINOIS WISCONSIN JEWEL OSCO SOUTHWEST. INC. 15 I NEW MIEXICO LUCKY STORES INC.. DELAWARE 688 I CALIFORNIA Arizona liquor violations are set forth on the attached Schedule with regard to the Applicant. OSCO DRUG OF TEXAS. INC. The above referred to corporations have had various liquor violations, however none of them resulted in a revocation of a spirituous liquor license. I am not involved in the day to day operations of the above corporations of the liquor license issued thereto. Dated: March 30, 1999 Signature OR LUND 3;1 l/99 L I am the Agent of the Applicant,OSCO DRUG OF TEXAS, INC. for the foregoing list of Arizona stores and liquor licenses. Thomas F. Dieter e L Store No. Location/County License No. OSCO Drug, Store #2351 5829 South Central Avenue 09070061 Phoenix, AZ 85040 Maricopa OSCO Drug, Store #2352 1911 West Thunderbird 09070068 Phoenix, AZ 85023 Maricopa OSCO Drug, Store #2353 1927 North Gilbert, #1 09070071 Mesa, AZ 85203 Maricopa • OSCO Drug, Store #2354 240 West Continental Road 09100014 Green Valley, AZ 85614 Pima OSCO Drug, Store #2356 5734 West Peoria Avenue 09070583 Glendale, AZ 85302 Maricopa OSCO Drug, Store #2357 4825 East Warner, Suite 16 09071018 Phoenix, AZ 85044 ,Maricopa OSCO Drug, Store #2358 802 East Union Hills 09071017 Phoenix, AZ 85024 ,Maricopa OSCO Drug, Store #3433 7720 W. Bell Road 09070570 Glendale. AZ 85308 Maricopa OSCO Drug, Store #5015 3601 E. Broadway, Suite 123 09100198 Tucson, AZ 85716 Pima Active licenses - 74 Inactive licenses - 4 78 Law 4/8/99-Page 7 of 7 Pages Store No. Location/County _ License No. OSCO Drug, Store #2330 3506 East Santa Fe 09030035 Flagstaff. AZ 86001 Coconino OSCO Drug, Store #2332 4748 East Sunrise 09100011 Tucson, AZ 85718 )pima OSCO Drug, Store #2333 2980 West Valencia 09100034 Tucson, AZ 85748 jPima OSCO Drug, Store #2334 1000 North Humphreys, #120 09030028 Flagstaff, AZ 86001 Coconino Say-on drugs #2336 3155 Stockton Hill Road 09080024 Kingman, AZ 86401 Mohave OSCO Drug, Store #2337 7700 East Hwy. 69 09130001 Prescott Valley, AZ 86312 Yavanai OSCO Drug, Store #2338 7015 East Tanque Verde 09100010 Tucson, AZ 85715 Pima OSCO Drug, Store #2339 711 North Gilbert Road 09070021 Gilbert. AZ 85234 Maricona OSCO Drug, Store #2340 1655 East Cottonwood 09130035 Cottonwood. AZ 85326 Yavanai Say-on drugs, Store #2341 141 West Riverside Drive 09150002 Parker. AZ 85344 La Paz OSCO Drug, Store #2342 1525 East Navajo Blvd. 09090038 Holbrook, AZ 86025 Navaio OSCO Drug, Store #2350 3302 West Van Buren 09070057 Phoenix, AZ 85009 Maricona 4/8/99- Page 6 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2310 10653 North Scottsdale Road 09070019 Scottsdale. AZ 85254 Maricopa OSCO Drug, Store #2311 908 North Alma School Road 09070023 Chandler. AZ 85224 Maricopa OSCO Drug, Store #2312 7727 East Broadway Blvd. 09100003 Tucson, AZ 85710 Pima OSCO Drug, Store #2314 3741 West Ina Road 09100004 Tucson, AZ 85741 Pima OSCO Drug, Store #2315 3754 South 16th Street 09100265 Tucson. AZ 85713 Pima Say-on drugs Store #2318 1555 S.Avenue B 09140063 Yuma, AZ 85364 Yuma 460 OSCO Drug, Store #2323 4326 West Thomas 09070559 Phoenix, AZ 85031 ,Maricopa OSCO Drug, Store #2324 5805 West Thunderbird 09070567 Glendale. AZ 85307 Maricopa OSCO Drug, Store #2325 1537 East Bethany Home Road 09070553 Phoenix. AZ 85014 Maricopa OSCO Drug, Store #2327 7151 East Lincoln Drive 09070129 Scottsdale. AZ 85235 Maricopa OSCO Drug, Store #2328 1316 Iron Springs Road 09130037 Prescott. AZ 86301 Yavapai OSCO Drug, Store #2329 1121 South Plaza Way 09030036 Flagstaff. AZ 86001 Coconino L 4 8/99- Page 5 of 7 Pages Store No. I Location/County I License No. OSCO Drug, Store #2255 NWC Florence & Arizola 09110029 Casa Grande, AZ (Inactive 5/1/97) Pinal (This location canceled as of 9/981 • OSCO Drug, Store #2260 975 W. Ray Road 09070667 Chandler, AZ 85224 Maricopa , OSCO Drug, Store#2280 SWC Val Vista& Southern. 090702998 Mesa, AZ (Issued/Inactive Maricopa 3/23/98) OSCO Drug, Store #2281 7561 E. Baseline Road 09070249 Mesa, AZ 85208 Maricopa _ OSCO Drug, Store #2294 9172 W. Union Hills Drive 09070555 Peoria, AZ 85382 Maricopa OSCO Drug, Store#2295 1560 E. Elliott Road #09070629 Gilbert, AZ 85296 (issued/inactive thw )Maricopa 1/16/99) OSCO Drug, Store #2299 1644 S. Lindsay Road 09070452 Gilbert. AZ 85296 Maricopa OSCO Drug, Store #2301 2090 East Fry Blvd. 09020002 Sierra Vista. AZ 85741 Co chise OSCO Drug, Store #2302 11836 West Baseline 09070015 esa. AZ 85202 aricopa OSCO Drug, Store #2304 305 East Brown Road 09070022 Mesa. AZ 85201 Maricopa OSCO Drug, Store #2308 7812 North 12th Street 09070024 Phoenix. AZ 85020 JMaricooa OSCO Drug, Store #2309 10720 West Bell Road 09070018 Sun City, AZ 85351 Maricopa L 4/8/99-Page 4 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2166 522 Finnie Flat Road. Suite A 09130041 Camp Verde, AZ 86322 Yavapai OSCO Drug, Store #2170 6895 E. Sunrise Drive (Getting license Tucson, AZ 85750 from Store#2069) Pima OSCO Drug, Store #2196 8711 East Speedway 09100195 Tucson, AZ 85710 Pima OSCO Drug, Store #2209 3000 N. Alma School Road 09070390 Chandler, AZ 85224-1470 Maricopa OSCO Drug, Store #2211 6484 North Oracle Road 09100196 Tucson, AZ 85704 Pima OSCO Drug, Store #2237 12409 North Tatum Blvd. 09070512 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2238 5607 North 19th Avenue 09070506 Phoenix, AZ 85015 Maricopa OSCO Drug, Store #2239 2321 East Bell Road 09070504 Phoenix. AZ 85022 Maricopa OSCO Drug, Store #2244 4380 North Miller Road 09070505 Scottsdale. AZ 85251 Maricopa OSCO Drug, Store #2248 4316 West Bell Road 09070516 Glendale, AZ 85308 Maricopa OSCO Drug, Store #2252 14672 N. Frank Lloyd Wright Blvd. 09070244 Scottsdale. AZ 85254 ,Maricopa OSCO Drug, Store #2253 725 West Apache Trail 09110045 Apache Junction, AZ 85220 Pinal L 4/8/99- Page 3 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2067 6827 East Apache Trail 09070514 Mesa, AZ 85207 Maricopa OSCO Drug, Store #2069 6309 East 22nd Street 09100234 Tucson, Arizona 85710 (Inactive) Pi±na Moving to#2170 OSCO Drug, Store #2082 6730 West Indian School Road 09070508 Phoenix, AZ 85033 Maricopa OSCO Drug, Store #2086 4727 East Bell Road 09070513 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2092 921 East Elliott Road 09070065 Tempe, AZ 85283 Maricopa • Say-on drugs, Store #2094 2350 Miracle Mile 09080007 Bullhead City, AZ 86430 Mohave OSCO Drug, Store #2099 2033 West Wickenburg Way 09070683 Wickenburg, AZ 85358 Maricopa OSCO Drug, Store #2102 4742 East Indian School Road 09070517 Phoenix, AZ 85018 Maricopa OSCO Drug, Store #2105 914 East Broadway 09070518 Tempe, AZ 85282 Maricopa OSCO Drug, Store #2107 865 East Grant Road 09100197 Tucson, AZ 85719 Pima OSCO Drug, Store #2130 19602 R.H. Johnson Blvd. 09070682 Sun City West, AZ 85373 Maricopa OSCO Drug, Store #2164 23215 N. Pima Rd. 09070332 Scottsdale, AZ 85255 Maricopa 4/8/99-Page 2 of 7 Pages OSCO DRUG OF TEXAS, INC. Schedule of Liajior Licenses Store No. Location/County License No. — OSCO Drug, Store #2004 1102 North Higley Road 09070016 Mesa, AZ 85252 Maricopa OSCO Drug, Store #2018 1137 South Dobson Road 09070511 Mesa, AZ 85202 !Alt OSCO Drug, Store #2020 3415 West Glendale 09070515 Suite 18 Phoenix, AZ 85017 Maricopa OSCO Drug, Store #2021 1410 East Main Street 09070509 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2023 3320 North Seventh Avenue 09070507 Phoenix. AZ 85013 Maricopa OSCO Drug, Store #2025 3141 East Indian School 09070510 Phoenix. AZ 85016 Maricopa OSCO Drug, Store #2027 2842 North Power Road 09070585 Mesa. Arizona 85207 Maricopa OSCO Drug, Store #2036 7403 East McDowell Road 09070520 Scottsdale. AZ 85257 Maricopa OSCO Drug, Store #2037 9848 West Peoria Avenue 09070541 Peoria, AZ 85345 Maricopa OSCO Drug, Store #2056 3514 West Peoria Avenue 09070519 Phoenix. AZ 85029 Maricopa L 4/8/99-Page 1 of 7 Pages Osic ')rug, #2304 None $500.00 Sale to 11/7/97 30. ,r Brown Rd. Minor Mesa, AZ 85201 Osco Drug, #2004 None $500.00 Sale to 11/8/97 1102 N. Higley Rd. Minor Mesa, AZ 85252 Osco Drug, #2324 None $500.00 Sale to 12/11/97 5805 W. Thunderbird Minor Glendale, AZ 85307 Osco Drug of Texas None $500.00 Sale to 4/18/98 Say-On Drug, Store #2094 Minor 2350 Miracle Mile Road Bullhead City, AZ 86430 Osco Drug, Store#2333 None $500.00 Sale to 5/15/98 2980 W. Valencia Minor Tucson, AZ 85748 Osco Drug, Store#2209 Pending Sale to 2/16/99 3000 N. Alma School Road Minor Chandler, AZ 85224 Orug, Store #2018 Pending Sale to 2/24/99 1137 S. Dobson Road Minor Mesa, AZ 85202 Osco Drug, Store #2027 Pending Sale to 4/1/99 2842 N. Power Road Minor Mesa, AZ 85207 **NOTE: The above Liquor License violations occurred while Thomas F. Dieterle was acting as Agent for Osco Drug of Texas, Inc. , i A pa , .-, c ,inif, Thomas F. Dieterle J:\osco\ADMIN\License Attachments\Violation chart L Store No. Location/County , License No. OSCO Drug, Store #2351 5829 South Central Avenue 09070061 Phoenix, AZ 85040 Maricopa OSCO Drug, Store #2352 1911 West Thunderbird 09070068 Phoenix, AZ 85023 ,Maricopa OSCO Drug, Store #2353 1927 North Gilbert, #1 09070071 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2354 240 West Continental Road 09100014 Green Valley, AZ 85614 "inn OSCO Drug, Store #2356 5734 West Peoria Avenue 09070583 Glendale, AZ 85302 Maricopa OSCO Drug, Store #2357 4825 East Warner, Suite 16 09071018 Phoenix, AZ 85044 Maricopa OSCO Drug, Store #2358 802 East Union Hills 09071017 Phoenix, AZ 85024 Maricopa OSCO Druz, Store #3433 7720 W. Bell Road 09070570 Glendale. AZ 85308 Maricopa OSCO Druz, Store #5015 3601 E. Broadway. Suite 123 09100198 Tucson, AZ 85716 Pima Active licenses - 74 Inactive licenses -4 78 L 4/8/99-Page 7 of 7 Pages Store No. Location/County I License No. OSCO Drug, Store #2330 3506 East Santa Fe 09030035 Flagstaff. AZ 86001 Coconino OSCO Drug, Store #2332 4748 East Sunrise 09100011 Tucson. AZ 85718 Pima OSCO Drug, Store #2333 2980 West Valencia 09100034 Tucson, AZ 85748 Pima OSCO Drug, Store #2334 1000 North Humphreys, #120 09030028 Flagstaff, AZ 86001 (Coconino Say-on drugs #2336 3155 Stockton Hill Road 09080024 Kingman, AZ 86401 Mohave OSCO Drug, Store #2337 7700 East Hwy. 69 09130001 Prescott Valley, AZ 86312 Yavapai OSCO Drug, Store #2338 7015 East Tanque Verde 09100010 Tucson. AZ 85715 Pima OSCO Drug, Store #2339 711 North Gilbert Road 09070021 Gilbert. AZ 85234 Maricona OSCO Drug, Store #2340 1655 East Cottonwood 09130035 Cottonwood. AZ 85326 Yavanai Say-on drugs, Store #2341 141 West Riverside Drive 09150002 Parker. AZ 85344 La Paz OSCO Drug, Store #2342 1525 East Navajo Blvd. 09090038 Holbrook, AZ 86025 plavaio OSCO Drug, Store #2350 3302 West Van Buren 09070057 Phoenix, AZ 85009 MaricoDa 4/8/99- Page 6 of 7 Pages Store No. Location/County License No. OSCO Drug, Store #2310 10653 North Scottsdale Road 09070019 Scottsdale. AZ 85254 Maricopa OSCO Drug, Store #2311 908 North Alma School Road 09070023 Chandler. AZ 85224 Maricopa OSCO Drug, Store #2312 7727 East Broadway Blvd. 09100003 Tucson, AZ 85710 Pima OSCO Drug, Store #2314 3741 West Ina Road 09100004 Tucson, AZ 85741 Pima OSCO Drug, Store #2315 3754 South 16th Street 09100265 Tucson. AZ 85713 Pima Say-on drugs Store #2318 1555 S.Avenue B 09140063 Yuma, AZ 85364 Yuma OSCO Drug, Store #2323 4326 West Thomas 09070559 Phoenix, AZ 85031 ,Maricopa OSCO Drug, Store #2324 5805 West Thunderbird 09070567 Glendale. AZ 85307 Maricopa OSCO Drug, Store #2325 1537 East Bethany Home Road 09070553 Phoenix. AZ 85014 Maricopa OSCO Drug, Store #2327 7151 East Lincoln Drive 09070129 Scottsdale. AZ 85235 Maricopa OSCO Drug, Store #2328 1316 Iron Springs Road 09130037 Prescott. AZ 86301 Yavapai OSCO Drug, Store #2329 1121 South Plaza Way 09030036 Flagstaff. AZ 86001 Coconino L 4/8/99.Page 5 of 7 Pages Store No. Location/County License No. OSCO Drug, Store#2255 NWC Florence &Arizola 09110029 Casa Grande, AZ (Inactive 5/1/97) Pinal (This location canceled as of 9/981 OSCO Drug, Store #2260 975 W. Ray Road 09070667 Chandler, AZ 85224 Maricopa OSCO Drug,Store #2280 SWC Val Vista & Southern 090702998 Mesa, AZ (Issued/Inactive Maricopa._ 3/23/98) OSCO Drug, Store #2281 7561 E. Baseline Road 09070249 Mesa, AZ 85208 Maricopa OSCO Drug, Store #2294 9172 W. Union Hills Drive 09070555 Peoria, AZ 85382 Maricopa OSCO Drug, Store#2295 1560 E. Elliott Road #09070629 Gilbert, AZ 85296 (issued/inactive Maricopa 1/16/99) OSCO Drug, Store #2299 1644 S. Lindsay Road 09070452 Gilbert, AZ 85296 ,Maricopa OSCO Drug, Store #2301 2090 East Fry Blvd. 09020002 Sierra Vista, AZ 85741 Cochise OSCO Drug, Store #2302 1836 West Baseline 09070015 Mesa. AZ 85202 Maricopa OSCO Drug, Store #2304 305 East Brown Road 09070022 Mesa. AZ 85201 ,Maricopa OSCO Drug, Store #2308 7812 North 12th Street 09070024 Phoenix, AZ 85020 Maricopa OSCO Drug, Store #2309 10720 West Bell Road 09070018 Sun City, AZ 85351 Maricopa L 4/8/99-Page 4 of 7 Pages d Store No. Location/County i_ License No, OSCO Drug, Store #2166 522 Finnie Flat Road, Suite A 09130041 Camp Verde. AZ 86322 Yavapai OSCO Drug, Store #2170 6895 E. Sunrise Drive (Getting license Tucson, AZ 85750 from Store R2069) Pima OSCO Drug, Store #2196 8711 East Speedway 09100195 Tucson, AZ 85710 Pima OSCO Drug, Store #2209 3000 N. Alma School Road 09070390 Chandler, AZ 85224-1470 i Maricopa OSCO Drug, Store #2211 6484 North Oracle Road 09100196 Tucson, AZ 85704 Pima , OSCO Drug, Store #2237 12409 North Tatum Blvd. 09070512 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2238 5607 North 19th Avenue 09070506 Phoenix, AZ 85015 Maricopa OSCO Drug, Store #2239 2321 East Bell Road 09070504 Phoenix. AZ 85022 Maricopa OSCO Drug, Store #2244 4380 North Miller Road 09070505 Scottsdale. AZ 85251 Maricopa OSCO Drug, Store #2248 4316 West Bell Road 09070516 Glendale. AZ 85308 Maricopa OSCO Drug, Store #2252 14672 N. Frank Lloyd Wright Blvd. 09070244 Scottsdale. AZ 85254 Maricopa 09110045 OSCO Drug, Store #2253 Ap West Apache Trail a he Junction.AZ 85220 Final L 4/8/99-Page 3 of 7 Pages Store No. Location/County I License No, OSCO Drug, Store #2067 6827 East Apache Trail 09070514 Mesa. AZ 85207 Maricopa OSCO Drug, Store #2069 6309 East 22nd Street 09100234 Tucson, Arizona 85710 (Inactive) Pima Moving to#2170 OSCO Drug, Store #2082 6730 West Indian School Road 09070508 Phoenix, AZ 85033 _Maricopa OSCO Drug, Store #2086 4727 East Bell Road 09070513 Phoenix, AZ 85032 Maricopa OSCO Drug, Store #2092 921 East Elliott Road 09070065 Tempe, AZ 85283 Maricopa Say-on drugs, Store #2094 2350 Miracle Mile 09080007 Bullhead City, AZ 86430 Mohave OSCO Drug, Store #2099 2033 West Wickenburg Way 09070683 Wickenburg, AZ 85358 Maricopa OSCO Drug, Store #2102 4742 East Indian School Road 09070517 Phoenix. AZ 85018 Maricopa OSCO Drug, Store #2105 914 East Broadway 09070518 Tempe. AZ 85282 Maricopa OSCO Drug, Store #2107 865 East Grant Road 09100197 Tucson. AZ 85719 Pima OSCO Drug, Store #2130 19602 R.H. Johnson Blvd. 09070682 Sun City West, AZ 85373 Maricopa OSCO Drug, Store #2164 23215 N. Pima Rd. 09070332 Scottsdale, AZ 85255 Maricopa L 4/8/99-Page 2 of 7 Pages OSCO DRUG OF TEXAS, INC. Schedule of Liquor Licenses Store No. � Location/C a tv License No. - OSCO Drug, Store #2004 1102 North Higley Road 09070016 Mesa, AZ 85252 Maricopa OSCO Drug, Store #2018 1137 South Dobson Road 09070511 Mesa, AZ 85202 Maricopa OSCO Drug, Store #2020 3415 West Glendale 09070515 Suite 18 Phoenix, AZ 85017 Maricopa OSCO Drug, Store #2021 1410 East Main Street 09070509 Mesa, AZ 85203 Maricopa OSCO Drug, Store #2023 3320 North Seventh Avenue 09070507 Phoenix, AZ 85013 Maricopa OSCO Drug, Store #2025 3141 East Indian School 09070510 Phoenix, AZ 85016 Maricopa OSCO Drug, Store #2027 ►842 North Power Road 09070585 esa. Arizona 85207 i aricopa OSCO Drug, Store #2036 403 East McDowell Road 09070520 cottsdale. AZ 85257 i aricopa OSCO Drug, Store #2037 6848 West Peoria Avenue 09070541 i'eoria, AZ 85345 aricopa OSCO Drug, Store #2056 514 West Peoria Avenue 09070519 i'hoenix, AZ 85029 i aricopa L 4/8/99-Page 1 of 7 Pages Dss, ')rug, #2304 None $500.00 Sale to 11/7/97 304beBrown Rd. Minor Mesa, AZ 85201 Osco Drug, #2004 None $500.00 Sale to 11/8/97 1102 N. Higley Rd. Minor Mesa, AZ 85252 Osco Drug, #2324 None $500.00 Sale to 12/11/97 5805 W. Thunderbird Minor Glendale, AZ 85307 Osco Drug of Texas None $500.00 Sale to 4/18/98 Say-On Drug, Store #2094 Minor 2350 Miracle Mile Road Bullhead City, AZ 86430 Osco Drug, Store #2333 None $500.00 Sale to 5/15/98 2980 W. Valencia Minor Tucson, AZ 85748 Osco Drug, Store #2209 Pending Sale to 2/16/99 3000 N. Alma School Road Minor Chandler, AZ 85224 L **NOTE: The above Liquor License violations occurred while Thomas F. Dieterle was acting as Agent for Osco Drug of Texas. Inc. Victor L. Lund J:\osco\ADMIN\License Attachments\Violation chart The following violations occurred after the above was signed: Osco Drug, Store #2018 Pending Sale to 2/24/99 1137 S. Dobson Road Minor Mesa, AZ 85202 Osco Drug, Store #2027 Pending Sale to 4/1/99 2842 N. Power Road Minor Mesa, AZ 85207 L fkliw Fines, Suspension or Revocation of Liquor Licenses In the State of Arizona Address Length of Fine Reason Date of Suspension Violation Osco Drug, #2102 None $1,000 Sale to 12/26/85 4742 E. Indian School Minor Phoenix, AZ 85018 Osco Drug, #2056 None $750 Sale to 08/06/86 3514 W. Peoria Minor Phoenix, AZ 85029 Osco Drug, #2062 None $1,000 Sale to 12/16/88 460 S. Country Club Dr Minor Mesa. AZ 85029 Osco Drug, #2248 None $750 Sale to 04/20/90 4316 W. Bell Rd. Minor Glendale, AZ 85308 Osco Drug, #2308 None $750 Sale to 04/27/90 cit2 N. 12th Street Minor oenix. AZ 85020 **NOTE: The above Liquor License violations occurred while Richard Miller was acting as Agent for American Drug Stores, Inc. Osco Drug, #2021 None $500 Sale to 03/05/94 1410 E. Main Minor Mesa. AZ 85201 Osco Drug, #2330 $500 with Sale to 2/3/96 3506 E. Santa Fe training program Minor Flagstaff, AZ 86001 in place Osco Drug, #2329 None $650 Sale to 1/10/97 1121 South Plaza Way Minor Flagstaff. AZ 86001 Osco Drug, #2196 None $625.00 Sale to 7/31/97 8711 E. Speedway Minor Tucson. AZ 85710 o Drug, #2067 None $625.00 Sale to 10/10/97 27 E. Apache Trail Minor Mesa. AZ 85207 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor - 400 W Congress#150 Phoenix AZ 85007-2934 . q• Tucson AZ 85701-1352 602 542- 4 N _ 520 628-659( ) 51 1 4t,� :( ) 5 .QUESTIONNAIRE — READ CAREItLLYLNSTRUMENT 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`'c OR MORE). MEMBER. OFFICER OR MANAGER ALSO EACH PERSON COMP.ETLVG THLS FORM MUST SUB,Mr AN-APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGFRPRIN LNG MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPART ENT DOES NOT PROVIDE THIS SERVICE There is a$24.00 nrocessin8_fee for each fingerprint card submitted. A service fee of S25.00 will be ciarged for all dishonored dudes(A.ILS.43b852) TYPE OR PRINT WITH BLACK DTI( Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer Manager(Only) (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 I. Name: Lund NZirI-or L- Date of Birth: 10/13/47 Last Fast Mee 2. Name of licensed Premises: OSCO Store #2704 Premises Pam:(602 ) 956-5300 3. Licensed Premises Address: 16545 E. Palisades Fountain Hills Maricopa85268 09070286 Liquor license# Siren Address (Dona use PO Box a) City Cagy TAP (If this loom is aataly&axed) 4. Drivers License#: 6872722 State UT Residence Phone:( ) _ I it 6 ' Weight 1 6 5 Eyes: Hazel Hair:R' nn ri P Place of Birth: S a Lt T,akP C i tv TTT City State 5. Name or Spouse: Lund Linda Date of Binh: 6/10/5 0 Last First Middle :Maiden 6. You are a bona fide resident of what stare? UT If Arizona date of residency: 7. If you have been a resident less than three(3)months.submit a copy of driver's license or voter resnation card. S. Indicate your employment or type of business during the past lie(5)years.if unernnioved pan of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS i McanYear �ta><h/Year OR BUSINESS (Give street address.s &city.statezip) cur 1995-present Chrm. & CEO American Stores Company 1992 992-95 CEO & President) 299 S. Main St.,24N — Salto Lake City, UT 841111 1989 1992 CFO same as above -: ' l (ATTACH ADDITIONAL SHEET IFNECESSARY) : -_- • �..`--'-______r? -.r-�_:— • _d 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Mcsti/Year Month/Year Sara Addrea Cay State Zlp 7/94 CRC 1509 Military play *Do not disclose home Salt T,akP UT 84102 address or send mail to home. 1990 1994 1449 S ng,vo1Shire Qa1f- Taxa UT 84108 - kip, I attic: scs Disabled individuals requiring special accommodations please call(602)542-9051 11/05/98 Page 2 OFFICERS AND DIRECTORS Kevin H. Tripp General Manager 299 South Main Street Salt Lake City, UT 84111 Lawrence M. Trippiedi Assistant Secretary 3030 Cullerton Drive Franklin Park, IL 60131 Bradley M. Vierig Vice President 299 South Main Street Salt Lake City, VT 84111 Julie A. Webb Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111-2203 L 11/05/98 Page 1 OFFICERS AND DIRECTORS (1111, OSCO DRUG OF TEXAS, INC. Name Title Business Kent T. Anderson Vice President 299 South Main Street Salt Lake City, UT 84111-2203 Larry D. Anderson Assistant Secretary 299 South Main Street Salt Lake City, UT 84111 Teresa Beck Vice President 299 South Main Street Salt Lake City, UT 84111-2203 Paulette Dewire Assistant Secretary 6565 Knott Avenue Buena Park, CA 90620-1158 Paul W. Eldridge Vice President 299 South Main Street Salt Lake City, UT 84111-2203 A. Lynn Enyeart Assistant Treasurer 299 South Main Street Salt Lake City, UT 84111 David F. Gillis Vice President 1955 West North Avenue Melrose Park, IL 60160 Liry D. Jones Vice President 299 South Main Street Salt Lake City, UT 84111-2203 Scott Lloyd Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111-2203 Victor L. Lund Chairman 299 South Main Street President Salt Lake City, UT 84111-2203 David L. Maher Director 299 South Main Street Salt Lake City, UT 84111-2203 Dennis N. Palmer Vice President 6565 Knott Avenue Buena Park, CA 90620 Mark N. Schneider Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111 Martin A. Scholtens Director 299 South Main Street Salt Lake City, UT 84111-2203 Mary V. Sloan Secretary 299 South Main Street Salt Lake City, UT 84111 J. Greg Spencer Vice President 299 South Main Street Treasurer Salt Lake City, UT 84111 L -n 107 94 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL W. Washington 5th Floor 400 W. Congress. #150 Phoenix, AZ 85007 - ter • Tucson, AZ 85701 (602) 542-5141 � - (602) 628-6595 • APPLICANT/CONTROLLING PERSON AFFIDAVIT •rV TO BE COMPLETED •BY 'TEE ORGANIZATION'S PRESIDENT. IF A CLUB. PARTNERSHIP, OR OTHER TYPE ORGANIZATION. A SIGNATURE OF EQUAL LEVEL IS REQUIRED. Organization: OSCO DRUG OF TEXAS, INC. Affidavit of: VICTOR L. LUND Position/Title: Chairman and Chief Executive Officer State of: Utah AZ Corp./L.L.C.# F 060128-1 Salt Lake State Incorporated: Delaware County of: undersigned, Victor L. Lund , being first duly sworn, upon his/her Oath deposes and says: 1. In connection with this organization's application to obtain a liquor license for our operation(s) in Arizona, I have completed and delivered to the Arizona Department of Liquor Licenses and Control the required questionnaire and fingerprint card. 2. The required questionnaires and fingerprint cards of all officers and directors, regional managers. managing members. partners. etc.. who direct or are involved in the direction of the management of the policies involving spirituous liquor in the State of Arizona: and all stockholders who own ten percent (10%) or more of the corporation or limited liability corporation have also been completed and delivered to the Arizona Department of Liquor Licenses and Control. Name and title of such individuals are as follows (or list attached): (1) Paulette Dewire Assistant Secretary Thomas F. Dieterle District Manager/Agent (2) (3) Larry L. Griffin District Manager (4) David F. Burns District Manager No stockholder owns 10% or more of OSCO Drug of Texas, Inc. See attached flow chart. DSCo 27oi.1 L(,S145 E . PALiSi4Dfi.S St_vO . r-oun� A. .I-ULS 2 4 2 D321 9Q SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'low the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. 1.lir tn.)t Tl C t}Lug Ltd 2. L1 Sc'n3S t0 N1 3. 1A-AA S oc1 4. S tct FF wii-`t o9 5. -5-,'4 EP 4Ei2O Ct--u►ecla 6. p2ES8yl-esZ1ALS CAu►2CiI 7. V I Lk-,4 C F P i,t$ L'j 8. 11)4SI4-i4S oqt 1=. PALISA. E. 3Lvu. 9. QUE. a tac� 1., 2. t y A B 10. w L.,_i „k abu.c. oCo 11. Ertl u4N Lit=C iD,J 14 ; q t o 12. CE-0 2 'rr2FE C, 1 I I t I z ( H ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, See attached , being first duly sworn upon oath,hereby depose,swear and declare,under penalty (Prim name of APPLICANT/AGENT listed in Section 4 Question I) of perjury,that 1)I am the APPLICANT(Agent/Club/Member/Partner),making this application; 2) that the application has been read and that the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person.firm,or corporation,except as indicated,has an interest in the spirituous liquor license for which these statements are made; and 5)that none of the owners,partners,members. officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. X See attached SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature) this day of . Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) 7 ^TION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. _ist below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. NT 3. 4. 5. See attached. 6. 7. 8. 9. A 10. 11. 12. 13. 1 (ATTACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: Thomas F. Dieterle , being first duly sworn upon oath.hereby depose,swear and declare,under penalty (Print name of APPLICANT/AGENT listed in Section 4 Quesnm 1) of perjury,that 1)I am the APPLICANT(Agent/Club/Member/Partner),making this application;2)that the application has been read and that the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated,has an interest in the spirituous liquor license for which these statements are made;and 5)that none of the owners,partners,members,officers,directors or stockholders listed ve been convicted of a fe ony in the past five(5)years. X (AL '•ap I SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signanae) thA I day of M,a-t .19 95 . Abe minission expires o OFFICIAL SEAL L Pam` .4L—eL& • Fyn x..6121 of ARIBAs. • of NOTARY PUBLIC) %. " MARICOPA COUNTY `•.•• %COM Endrim nLtaise STORE CA-' Ex2-p.,:, TOTAL MIN FLOOR 9,Z-7.AREA ..,• ,...15.• S. i I TOTAL WENN AREA, .„,.. 1,4487 S.P. ; i ' TOTAL SALES AREA. .2..2.5 s= f , 4..VI III:! • TOTAL BAO(ROOM AREA, •'A 2.2.32 P ,,, 0 --: STOCKROOM AREA N., I447 S. ,_ , 1 /...- RR TANNING AREA 5•. •.,• .7S S.I,= EMPLOYEE AltEk '..' •CI , TOTAL MEZZANINE AREA. m/• ,A , TOTAL BASEMENT AREA \la .4,1% , •- Blahlti; II II ir, IT ..Ir-W ' —AmPHOTO/CUST.PHOTO/CUST.SERVICE AA.n , ...,• toy s., ' f Mr.di ..mr....— 711 S. --— - .. - 411 • +...... SECTION COUNT' N/A 2: , ...... 4, .V 1 jyz L 01-.. . -:".41! I viq• vim 1 fasr• , . - ti -- IR r ....... ---- 1 • . _ -. .. ' ii PHARIAACY AREA. •-• ', R.,171.3.--- agi a•Ial --AnCr, "1"2.3". ' =.. . t ... .1 T:'"YI II hi 7_., S7OOK 1 lia, .- 1 _ u . ,......(a. . ._———- — I I I_117._:. 1.1111W.1=,..t.7:1 ,1 'I .PIIIIIIMIPPIPP.1. 711 1(w, '...'r'----=--f N o., :no:ARCOEAUNT: SECTION COUNT. Nia Tt.,., 644:Sj N/A 1ki..... aT 1417. I. - 2111141111111 , R. '7 1-'4.TI J Pr - ••••\. 6 COSMETICS AREA: N,A 1.193 S'-. LOUNC.E y I'"411g116=SNIMPRI II. • 4, • .. ....\_± 1..: . ar-... . SECTION COUNT ..._,.... .. _,....._____3-.......,..V;,„.191•191111111111INNYI,,,,,,,...._ ,'1 1....13' - al"W.IIi. 7-:. '7• , ,1171j114 4' ...,_ • = . 4..... . , OFFICE AREA. ,• 139 S= 1' 1 1 -7-7 SECTION COUNT a../• N/A rH --.-Z. 12 WAITING _ -—..,---4.--'F, . ill! I. . a. II I . I .. ! 1 1 .T ii ,---T ......! .. I GENERAL MERCIONDSE AREA: •• I I.1.92' S .. . ....• -..- •,—.. . I 1; li I 1 . 3 ii , iii — ! 1 1 , ._ sErnoti COUNT ••• 775 5 411i . ..,---. • 1;14 T, t.-r-z. .1 I II . li ; i 1 TOTAL SECTION=Ls. • • I 432 2!. Flirt .. . - • .., i . . _ ' a .1 • AM -..... • l' 1 . 1 p I! :, '!i , —7 i ;=71. 1 a II Il I! ': 1 2 i TOTAL CHECKSTANDS. 1 N/A , 4 --.... GENERA_ NC..::::: mil ;flaig I ii u II i. , i 1 . ii 1 I II 1. ' ' 1 I THIS PLAN Is FoR FIX,LRE ..AYOUY AN:"STALLATC, 1;IV A algi LI illt i: ;.! I i i--ii ari tt lit II i II ., ; ,ONLY.NOT FOR CONSTRUCTCA._k _fr _k - _k It .../k 1.4....I. k II t ,k - A R 1 V.LNE TOTAL EXIIIMoR13X-IN4 AREA W._li -4.-.4.- ... .... -...--...- •—•.. -k -. ; ® I VARY DUE TO TYPE OF CONSTRUCTION — ill illi I.: .1 III •1. PROJEC- SZO=E la t it t ,t, t; ... t ft t . .t. it % sr% INF Ir It I 12 '. .. ft ft. • 7 cl-, IV.-: ,,,, I 2 s . I STORE SECURITY LEVEL 2 3 = a 0 I- I wA Pr FXTERIOR SIGNAT:= .. !I I 1 I 'i I 'I ' i ..... r---` g k4• I II 11 ILL .---1 ,.. . - N = C . ' 0 It 24 HOUR SIGN 1 • II II II 'I li I I ' ' I! 204NEHOHUORURRS SIGHT.5. = . I II I II II II i 1 ii ! ,,i:PL ' -. a 1.E 0 7 _ 1 FOODBLEMART SIG7TIHRu OATHS II: 111 1 ; 1 l, g i 1 ,....L 1 II••• 3 ': III 11!_i_,, , ,:l •0 ,,,, II i: , ,, ,,,, : .- , _____4 11 INTERIOR , iti II 11 11 , I I . i 1, 1. : ' II if II 1:1 111 ,.... , . .. al, 4 I i ii, fl of 1 it g. 1 • _,..,' II 1 1114 ' .t1 It .11 4 I- ' SECURITY MIRROR Z = k. al w 1 'A- .' I k k 'rink k r-Lia • •1 1 1. " I. : • f i . , h .• - - -I • • ;, - •;• •; : li ; i i t 'I: of . 'I f i is 1 [ 14-ii t 1 REFRIGERATiO\ vr\'22R !,. m IN • a I IN a w I k 11 la 6 le 1 9 kl 9 1 HUSSMAN SI C HILL l', KysoR/WARREN C NI .. , .... - , 17: k•-- r•i!A I '1 . -- • .---:: .,.-ii',1•.,40.- 1 ._.-.9.imimene : !g c,, •• - •• . . .•!Mt c;r71-. '-- .72P k...;' -,F'-'--zi , 6.\,,: — PHOTO . F9/11 i''" I. n .-me ft ' I* CARTS 7,AI .97a• !:•1 - gl.PLIOMC.- . : PR 44 OOM I -7 I I a f.LL diOPTIONAL vEsneuu ....7 1 c;-"-'7 ::._AN ft. .•. ' I P..1'``C.- _ 1 / I ..:- f'fill • : I GO Z.7 OSCO Store #27 0 4 , ,•• • — , .../.4 . 1.2 .. .- 1 /'''. •., 4/i / 1.6.61, . 11.0:14.7 ......N *. 41.111.-. , ,// ..-. -."111111/ j /' .. ,, V . I SOU IA L SECTION 12 Location to Location Transfer. (Bars anti Liquor Stores ONLY) ,PPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. Current Business Name and Address: Walgreens (Exactly as it appeals on license) 5255 E. Brown — Mesa, AZ 85205 . New Business Name and Address: OSCO Store #2704 (Do not use PO Box Number) 16545 E. Palisades Blvd.; Fountain Hills, AZ 85268 . License Type: 09 License Number. 09070286 Last Renewal Date: 12/31/98 -. What dare do you plan to move? What date do you plan to open? 7/31/99 SECTION 13 Questions for all in-state applicants: Distance to nearest school: 3000 ft• Name/Address of school: Fountain Hills High School (regardless of distance) 16400 E. PalisaHills,des Blvd. Founta?. Distance to nearest church: 1600 ft. Name/Address of church: Trinity Lutheran Church (regardless of distance) 16205 E. Palisades Blvd. (liof Fountain Hills, AZ 85268 3. I am the: $3I FcsEE ❑SUBLESSEE 0 OWNER ❑PURCHASER(of premises) 4. If the premises is leased give lessors name and address: Pederson Investment Group II. 5121 Flushing Road, Flushing, MI 48433 Monthly rental/lease rate S 7,500.00 5. What is the total business indebtedness of the applicant for this license/location? S N/A Does any one creditor represent more than 10%of that sum? ❑ YES ®NO If yes,list below. Total must equal 100%. Last First Middle oc Owed Residence Address City State T.rp (ATTACH ADDmONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) Retail Drug Store 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 ft NO If yes,atrarh explanation. 8. Does any spirituous liquor manufacturer,wholesaler.or employee,have any interest in your business? DYES NO 9. Is the premises currently licensed with a liquor license? ❑YES X3 NO If yes,give license number and licensee's name: (Exactly as it appears on license) 5 ::/05/99 Page 2 OFF.:CERS AND DIRECTCRS Kevin H. Tripp General Manager 299 South Main Street Salt Lake City, UT 84111 Lawrence M. Trippiedi Assistant Secretary 3030 Cullertoa Drive Franklin Park, IL 60131 Bradley M. Vierig Vice President 299 South Main Street Salt Lake City, UT 84111 Julie A. Webb Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111-2203 L L 11/05/93 Page 1 OFFICERS AND DIRECTORS L OSCO DRUG OF TEXAS, INC. Name Title Business Kent T. Anderson Vice President 299 South Main Street Salt Lake City, UT 84111-2203 Larry D. Anderson Assistant Secretary 299 South Main Street Salt Lake City, UT 84111 Teresa Beck Vice President 299 South Main Street Salt Lake City, UT 84111-2203 Paulette Dewire Assistant Secretary 6565 Knott Avenue Buena Park, CA 90620-1158 Paul W. Eldridge Vice President 299 South Main Street Salt Lake City, UT 84111-2203 A. Lynn Enyeart Assistant Treasurer 299 South Main Street Salt Lake City, UT 84111 David F. Gillis Vice President 1955 West North Avenue Melrose Park, IL 60160 I. Cary D. Jones Vice President 299 South Main Street lime Salt Lake City, UT 84111-2203 Scott Lloyd Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111-2203 'lictcr Lund Chairman 299 South Main Street President Salt Lake City, UT 84111-2203 avid L. Maher Director 299 South Main Street Salt Lake City, LT 84111-2203 Dennis Y. Palmer Vice President 6565 Knott Avenue Buena Park, CA 90620 Mark N. Schneider Vice President 299 South Main Street Assistant Secretary Salt Lake City, UT 84111 Marti= a. Scholtens Director 299 Scuth Main Street Salt Lake City, UT 84111-2203 Mary Sloan Secretary 299 Scuth Main Street Salt Lake City, UT 84111 J. Greg Spencer Vice President 299 South Main Street Treasurer Salt Lake City, UT 84111 L OSCO DRUG OF TEXAS, INC. a Delaware Corporation Authorized to Transact Business in the State of Arizona FLOW CHART OF OWNERSHIP No shareholder owns more than 10% of the stock of American Stores Company AMERICAN STORES COMPANY (is a publicly traded company that owns 100% of American Drug Stores, Inc.) L AMERICAN DRUG STORES, INC. (Owns 100% of Osco Drug of Texas. Inc.) OSCO DRUG OF TEXAS, INC. A Delaware Corporation SECTION 7 Corporation/Limited Liability Co.: EAPERSON LISTED MUST SUBMIT A COMPLETED FORM "L:C0101`, AN 'APPLICANT'TYPE FINGERPRINT CARD,AND$24 FEE FOR EACI 4 C CORPORATION Complete questions 1,2,3,5,6, 7,8. 0 L.L.C. Complete questions I.2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.LC.: OSCO Drug of Texas, Inc. (Exactly as it appears at Articles of Inc.cc Articles of ore.) 2. Date Incorporated/Organized: 5/6/91 State where Incorporated/Organized: Delaware 3. AZ Corporation Commission File No.: F-060128-1 Date authorized to do business in AZ: 11/30/92 4. AZ LLC.File No: Date authorized to do business in AZ: 5. Is CorpJLLC.non-profit? 0 YES ONO If yes,give IRS tax exempt number. 6. List all directors/officers in Corporation/L.LC.: Last Mg Middle Title Residence Address City State Tip See attached. I I, (ATTACH ADDITIONAL SHEET IF N'F(FcSARYI 7. List stockholders or controlling members owning 10%or more: 411W Fast Middle %Owred Residence Address City Stare LP See attached. I (ATTACH ADDITIONAL SHEET IF NF' ARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SEC 8 Club Applicants: EACH PERSON LI MUST SUBMIT A COMPLETED FORM "LIC0101", AN 'APPLICANT' TYPE FINGERPRINT CARD,AND$24 FEE FOR EACI CARD. 1. Name of Club: Date Chartered: (Exactly as it appears m Club (Attach a copy of Club Chester) 2. Is club non-profit? 0 YES 0 NO If yes,give exempt number. 3. List officer and directors: Last FffSt Nfiddle Title Residence Address City State Zip I (ATTACH ADDITIONAL SHEET IF NF-PtSARY) 3 c.•L : • Utndlc.r Z—. U alder ARIZONA DEPART-VIENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress#150 mkw Phoenix AZ 85007-2934 r, ., Tucson AZ 85701-1352 (602) 542-5141 .Artnost' (520) 62REVEIVED j APPLICATION FOR LIQUOR LICENSE APR 2 2 1999 TYPE OR PRINT WITH BLACK INK ►OUNTAry till-LS TOWN CLERK 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. Pot- f c. `1•)-3.9 SECTION 1 This application is for a: SECTION 2 Type of ownership:>" . "}`- S•13. 1 ( e Lout.t._I S,k,rr 5 ❑INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4, 13,14, 15, 16,17 0 INDIVIDUAL Complete Section 6 PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16, 17 ES CORPORATION Complete Section 7 LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15, 16, 17 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2.3,4,9, 13. 15, 17(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 09070286 1. Type of License: 09 2.Total fees attached: $200.00 LPPLJCATION 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) tir. M Dieterle Thomas F. 1. Applicant/Agent's Name:etc. (Inset one name ONLY to appear cn license) Last First Middle 2. Corp/Partnership/L.L.C.: OSCO Drug of Texas, Inc. (Exacly as it appears on Articles of Inc.or Articles of Ore.) 3. Business Name: OSCO Store #2704 (Exactly as it appears on the exte c r of premises) 4. Business Address:_ 16545 E. Palisades Fotmtain Hills Mari rope W476R (Do not use PO Box Number) Cuy COUNTY MP 5. Business Phone: ( 602 956-5300 Residence Phone:(_) 6. Is the business located within the incorporated limits of the above city or town? DYES ONO 7. Mailing Address: 3030 Cullerton Drive Franklin Park Ili 60131 ary State TzP 8. Enter the amount paid for a 06,07,or 09 license: S 52,000.00 . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: Date: Lic.# Fees: $ Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLIC.ITIONS TALES APPROXIMATELY 90 DAYS,AND ORCUMSTA_\CFS OFTEN RESULT IN A LONGER WArrI G PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPE NLNG.ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LI LIC 0100 11/97 *Disabled individuals requiring special accommodation.please call the Department TO: Cassie Hansen FROM: Steve Gendler DATE: April 23, 1999 SUBJECT: Liquor License Application - OSCO Drugs The purpose of this memorandum is to endorse the attached Liquor License Application for a Fountain Hills branch of the OSCO Drug chain at 16545 E. Palisades. The application is scheduled for consideration at the council meeting on May 6th. Executive Summary: At first glance this "transfer application" for a class#9 license (09070286) may appear confusing in light of the fact that the license is issued to Walgreens on Brown Road in Mesa. However, investigation showed that OSCO purchased the Walgreens license in Mesa and it is currently classified as "inactive". Since class #9 licenses are set by quota, state liquor regulations require that the license be put to use or it has to be relinquished for reassignment. Therefore, license 09070286 is being transferred to the proposed Fountain Hills store. BACKGROUND INVESTIGATION: This application is for transfer of a Class 9 liquor license under the specifications of ARS 4-205.02. This license permits the sale of beer, wine, and liquor for off-premise consumption only. This is a valid, existing, class 9 license according to the State Liquor Department. The process of a "person" and "location" transfer is routine. A Class 9 license requires that the establishment be 300' or more from the nearest church or school. I have verified that they are in compliance with this regulation. Finally,regarding the appearance of numerous license violations, particularly with regard to sale to a minor, I have gone over the record with Gary Shuman, compliance manager at the State Liquor Department (542-9030). He has informed me that this is typical of a national chain. Further, he has stated that OSCO has one of the best compliance records of any national chain and that they have placed a renewed emphasis on employee training identification checks, and management awareness. As a benchmark, he and I reviewed similar records on violations by convenience store chains, supermarkets, and similar full service sales establishments.The state routinely conducts compliance checks at the request of local agencies and would be particularly responsive to our requests in Fountain Hills. RECOMMENDATION: Based on compliance with Title 4 relating to the Class 9 liquor license, the fact that the movement of the class 9 license under these circumstances is a common business practice, and assurance by the state liquor department that the OSCO compliance record is tkiby actually superior to national chains, I recommend Council approval at the May 6th meeting. Council Communication Re: ()rr Cottonwoods Improvement District Resolution No. 1999-22 The resolution submitted for approval is the last resolution required to be adopted by the Mayor and Council in connection with the Cottonwoods Improvement District. The resolution authorizes the issuance and sale of the assessment bonds relative to the District. The bonds will be sold to the Town and the Town will hold them until the bonds mature, during which time the Town will collect the assessments from the owners of the property benefited by the improvement. The amount of the bonds sold to be Town equals the amount of assessments remaining unpaid. The interest rate on the bonds is the interest rate that the town's financial consultant stated would be borne on the bonds if they had been sold to the public. L L SWR:gmh 305763.01 5/6/99 RESOLUTION NO. 1999-22 L RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT IMPROVEMENT BONDS; AUTHORIZING THE TOWN'S ACCOUNTING SUPERVISOR TO PURCHASE THE BONDS; AND PRESCRIBING TERMS AND PROVISIONS OF THE BONDS. WHEREAS, the Superintendent of Streets has levied and recorded an assessment for Town of Fountain Hills, Arizona, Cottonwoods Improvement District improvement project (the "Project") and the Superintendent of Streets has executed, and the Mayor has countersigned, a warrant to collect the several assessments; and WHEREAS,the warrant and assessment have been returned; and WHEREAS, Section 48-597(C), Arizona Revised Statutes, provides that the Mayor and Council may direct that improvement bonds be issued in an amount which shall not exceed the amount of unpaid assessments exceeding $25.00 as may be shown on the certified list of unpaid assessments; and WHEREAS, such certified list has been filed with the Clerk by the Superintendent of Streets showing that the amount of assessments remaining unpaid exceeding $25.00 per assessment is $33,082.70 and the Town may cause bonds to be issued; and WHEREAS, the Mayor and Council have determined that the Town will purchase the Bonds and the Accounting Supervisor will add the Bonds to the Town's investment portfolio; and WHEREAS, by this resolution the Mayor and Council desire to (1) authorize the issuance of improvement bonds payable from unpaid special assessments levied against lots or parcels of land benefitting from such improvement; (2) set the form of such bonds; (3) provide for issuance and delivery of such bonds to the Town; (4) order the bonds to be purchased by the Town; (5)provide for the repayment of the Bonds; and (6) ratify and confirm all prior acts of this Council, the Accounting Supervisor, the Superintendent of Streets and the Town Clerk with respect to the Project; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, that: Section 1. Authorization and Terms. Town of Fountain Hills, Arizona, Cottonwoods Improvement District Improvement Bonds (the "Bonds") are hereby authorized to be issued, said Bonds to be dated the date of initial delivery, in a total principal amount of$33,082.70 bearing interest from their date to the maturity of each of the Bonds at the rate of 5.25% per annum, said interest payable January 1 and July 1 of each year beginning January 1, 2000. The Bonds will mature on January 1 in the years 2000 to 2009, inclusive, as follows: - 1 - SWR:gmh 302662.01 4/29/99 Maturity Principal Maturity Principal ika,, Date Amount Date Amount January 1, 2000 $3,308.27 January 1, 2005 $3,308.27 January 1, 2001 3,308.27 January 1, 2006 3,308.27 January 1, 2002 3,308.27 January 1, 2007 3,308.27 January 1,2003 3,308.27 January 1, 2008 3,308.27 January 1, 2004 3,308.27 January 1, 2009 3,308.27 Section 2. Prior Redemption. The Bonds are subject to redemption prior to maturity, in whole or in part, at the option of the Town on any interest payment date at a price of par plus accrued interest but without premium. Section 3. Form of Bonds. Said Bonds shall bear such terms and be in the form of Exhibit A attached hereto, allowing those executing said Bonds to make such insertions or deletions as may be necessary to complete the Bonds and conform the Bonds to Arizona law. Section 4. Execution of Bonds. The Bonds shall be executed by the Mayor and attested by the Clerk by their facsimile signatures. If an officer whose signature is on a Bond no longer holds that office at the time the Bond is authenticated and registered,the Bond shall nevertheless be valid. Section 5. Mutilated, Lost or Destroyed Bonds. In case any Bond becomes mutilated or destroyed or lost, the Town shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the registered owner's paying the reasonable expenses and charges of the Town in connection therewith and, in the case of the Bond destroyed or lost, filing with the Town by the registered owner evidence satisfactory to the Town that such Bond was destroyed or lost, and furnishing the Town with a sufficient indemnity bond pursuant to § 47-8405, Arizona Revised Statutes. Section 6. Sale,of Bonds to Purchaser. The Town will purchase the Bonds at the price of par but without premium. The Accounting Supervisor is hereby authorized and directed to purchase the Bonds from available moneys and thereafter cause the Bonds to be delivered to the Town upon receipt of payment therefor and satisfaction of the other conditions for delivery thereof in accordance with the terms of the sale. Section 7. Funds and Accounts. The following funds and accounts are hereby created: 1. Bond Fund, which shall include: L -2- SWR:gmh 302662.01 4/29/99 A. Principal Account B. Interest Account 2. Construction Fund. Section 8. Use of Moneys. A. The moneys in the Bond Fund shall be held by the Town and used to pay principal or interest on each bond payment date. The Accounting Supervisor shall make such arrangements as are necessary to provide for the collection and payment of the assessments and for the payment of the Bonds from the assessments. B. All moneys directed by this Resolution to be placed in the Bond Fund shall be invested pending payments to the paying agent in "Investment Securities". "Investment Securities" are hereby defined as any securities in which sinking funds of the state may be invested. C. All moneys received by the Town from the collections of the installments of principal and interest on the assessment shall be allocated as to principal and interest and deposited to the proper account. Prepayments of assessments may be held in a separate account and deposited into the Principal Account and Interest Account as may be necessary. Section 9. Use of Proceeds. The amounts received from the sale of the Bonds together with the Town's contribution shall be placed in the Construction Fund and used to pay, or reimburse the Town for, the cost of construction of the work described in Resolution No. 1998-07 (the Resolution of Intention) and to pay, or reimburse the Town for, all incidental expenses including but not limited to: (a) engineering expenses; (b) legal fees and expenses; (c) printing,posting,publication and mailing expenses; and (d) title and environmental reports. This Resolution shall be construed as consent of the Mayor and Council to invest such funds, pending use, in any of the securities allowed by law. Section 10. Town Contribution. The Town will make a contribution to the Construction Fund in an amount necessary to pay the deficiency in funds created by the construction bid being over the engineer's estimate of costs and expenses. Section 11. Resolution a Contract. This resolution shall constitute a contract between the Town and the registered owners of the Bonds and shall not be repealed or amended in any manner which would impair, impede or lessen the rights of the registered owners of the Bonds then outstanding. - 3 - SWR:gmh 302662.01 4/29/99 Section 12. Severability. If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The Mayor and Council hereby declare that the Town would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. Section 13. Ratification of Actions. All actions of the officers and agents of the Town which conform to the purposes and intent of this resolution and which further the issuance and sale of the Bonds as contemplated by this resolution whether heretofore or hereafter taken shall be and are hereby ratified, confirmed and approved. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the Town as may be necessary to carry out the terms and intent of this resolution. PASSED AND ADOPTED on , 1999. ATTEST: Mayor L Clerk APPROVED AS TO FORM: Special Counsel L -4- SWR:gmh 302662.01 4/29/99 CERTIFICATION I, Cassie B. Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1999- was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on , 1999, and the vote was aye's and nay's and that the Mayor and Council Members were present thereat. DATED: , 1999. Town Clerk L L -5 - SWR:gmh 302662.01 4/29/99 EXHIBIT A TOWN OF FOUNTAIN HILLS,ARIZONA COTTONWOODS IMPROVEMENT DISTRICT IMPROVEMENT BOND Number: 1 Denomination: $33,889.60 Interest Rate 5.25% Original Issue Date , 1999 Maturity Principal Maturity Principal Date Amount Date Amount January 1,2000 $3,308.27 January 1,2005 $3,308.27 January 1,2001 3,308.27 January 1,2006 3,308.27 January 1,2002 3,308.27 January 1, 2007 3,308.27 January 1,2003 3,308.27 January 1, 2008 3,308.27 January 1,2004 3,308.27 January 1,2009 3,308.27 Registered Owner: Town of Fountain Hills, Arizona Principal Amount: $33,889.60 KNOW ALL MEN BY THESE PRESENTS: That the Town of Fountain Hills, Arizona, a duly organized municipal corporation, promises to pay as hereinafter stated to the registered owner on the maturity date, the principal amount, together with interest on said sum from the date hereof at the interest rate per annum (all as stated above), such interest payable semi- annually on the first days of January and July of each year commencing January 1, 2000. Interest will be paid by check payable to the order of and mailed, when due, to the registered owner at the address shown on the registration books maintained by the registrar at the close of business on the 15th day of the calendar month next preceding the respective interest payment date. The principal and premium, if any, will be paid when due to the registered owner upon surrender of this bond for payment at the office of the Accounting Supervisor of the Town of Fountain Hills, 16836 E.Palisades, Building C,Fountain Hills,Arizona. This bond is issued in pursuance of law, and represents an issue of bonds for the total sum of THIRTY-THREE THOUSAND, EIGHT HUNDRED EIGHTY-NINE AND 60/100 DOLLARS ($33,889.60), issued for that certain improvement in said municipality known as Town of Fountain Hills,Arizona, Cottonwoods Improvement District, and is payable only out of the special fund to be collected from special assessments imposed on the lots or parcels of land fronting on or benefitted by said improvement. Said special fund is set apart by law for the payment of said bonds, and can be used for no other purpose. It is hereby certified and declared that the improvement for which this issue of bonds is issued is authorized by law, that all acts, conditions and things required to be done, precedent to and in the issuing of these bonds, have been done and performed in regular and due form as required by the laws of the State of Arizona, and all ordinances and all resolutions of the Town of Fountain Hills, that the special assessments out of which said bonds are to be paid are first liens on the property assessed, subject only to the lien for general taxes and prior special assessments, and any bona fide purchaser for value of this bond has the right to rely on the recitals herein contained. For the assessment or reassessment, collection and payment of said special assessments, the full faith and diligence of said Town are hereby irrevocably pledged. A- 1 SWR:gmh 302663.01 4/29/99 May-19-99 04: 28P P .02 Lawv1yic*cOf DRAFT WILLIAM E. FARRELL, P l..L.0 Telephone(6t)2)661-6044 Suite�20 I xximilc(!K)?)( I.%d.Yi William E.i"un II lul.#5 Ens Vit Linda ScottadAlc.Ari on.115258.5 12 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: May 19, 1999 RE: Resolutions 1999-24 Formation of the Los Arcos Multipurpose Facilities District Attached to this memorandum is Resolution I999-24 which has an emergency clause and would require the affirmative vote of at least six (6) of the seven (7) members of Council, The basic resolution authorizes the formation of the Los Arcos Multipurpose Facilities District and the participation therein by the Town of Fountain Hills. As you are aware the City of Scottsdale and the City of Avondale have already passed resolutions of a similar nature for this same district. By adopting the attached resolution the Town of Fountain Hills and its voters will also have an opportunity to participate in the District. Should the council look with favor on the resolution the obligations of the council would consist primarily of two items. First the council would need to select and apoint two of its citizens to serve on the board of the District. The District would then enter into negotiations with the property owner and the tenants to determine the revenue and income stream to the District. The District would also analyze the sales tax that would be received from the state as a possible revenue source, The District would then determine whether or not it would be feasible to go forward with the capital construction of a project somewhere within the District.. The District Board would then request from the cities of Scottsdale and Avondale and the Town of Fountain Hills authorization to ask their qualified electors at an election whether or not the electors would approve the rebate of a portion of the state's share of sales tax revenue generated from the project to be returned to the project for the purposes of paying offthe bonded indebtedness. iwl+nKrn�FIMES1LuKArcexAtem wpm .A. R 999 2:38PM 5Ar`Y Can: o��ncla Yfyinenu L- RE: /17Rzfiiir - S7AOr(!/i7 /J /SrRtCr 6:36r phi ✓/ urduaaL _Lku pu2a my ^ YEs "Qn tOMth?il �tl� �s 04640 -Ma2e 7y/uAgtiPuyL°za, JacPL&i0 & g nceetL iz) kpits hM ,O4 J&fl Ghal- a� en, hay b� ,u);) qua f--we,Lee , , tki2 12- ym D haix, JuoL hac . Ya2)u ho1/3 ,LeAu . �u�ne o'' 1ctoCIthL .LIPOL aub t(aAT �L�iYU � CU✓t��S 16772 E. rum fit. h5Z?4fw/ /Jd/f, /R i'S2L8 833-kg RESOLUTION 1999-24 46, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, CREATING THE LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT; AND DECLARING AN EMERGENCY. WHEREAS,A.R.S. § 48-4202(B) authorizes two or more municipalities in the same county to organize a Multipurpose Facilities District if the governing bodies of the municipalities determine that the public convenience, necessity or welfare will be promoted by establishing the district; and WHEREAS, the city councils of the cities of Scottsdale and Avondale have adopted resolutions creating the Los Arcos Multipurpose Facilities District subject to certain conditions; and WHEREAS,the Town of Fountain Hills and the City of Scottsdale share a common border and mutual interests in preservation and quality development; and WHEREAS, the Mayor and Common do hereby determine that the public convenience, necessity and welfare will be promoted by the establishment of the Los Arcos Multipurpose Facilities District pursuant to state law and this resolution. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Los Arcos Multipurpose Facilities District is hereby organized, established and created. Section 2. That the District shall be comprised of the cities of Scottsdale and Avondale and the Town of Fountain Hills and such other Municipalities within the corporate limits of Maricopa County whose councils seek to join the District and whose participation is consistent with City of Scottsdale Resolution 5209 and such other and further resolutions as may be adopted by the Scottsdale City Council. Section 3. That participation in the District by the Town of Fountain Hills is conditioned upon the occurrence of the following events: A. That on or before August 1, 2000 the Board of Directors of the Los Arcos Multipurpose Facilities District shall have requested two or more of the participating municipalities to place before the voters of the municipality a question regarding the sharing of certain state sales tax revenues to be generated from the project as authorized by state law. Resolution 1999-24 Page 1 of 3 Le FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: j>/hiol eff.41( (1,i/i4c,t..c6 ALAt4j Sharon Morgan, M or Cassie B. Hansen, Town Clerk RE IE ' D BY: APPROVED AS TO FORM: y( //7/---____ )/// v. -30.•r441," Paul L. o din, own Manager William E. Farrell, Town Attorney L Le Resolution 1999-24 Page 3 of 3 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: May 14, 1999 SUBJECT: Preliminary& Final Plat for"Verde Vista Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by David Matheson that would condominiumize four-units located at 11616 N. Saguaro Blvd., Plat 201, Block 5, Lot 6. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT May 20, 1999 CASE NO: S99-012 LOCATION: 11616 N. Saguaro Blvd., aka Lot 6, Block 5, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for''Verde Vista Condominiums", a 4- unit condominium project. DESCRIPTION: OWNER: The Ohio Trust LLC. APPLICANT: David Matheson EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 15,881 square feet(0.36 acres) SURROUNDING LAND USES AND ZONING: NORTH: Four plex; zoned "R-3" SOUTH: Four plex; zoned "R-3" EAST: Red Rock Auto; zoned "C-2" WEST: Single-family: zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Verde Vista Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Ohio Trust LLC, has chosen to convert a four-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,208 square feet, a minimum livable area of 1,171 square feet and a covered patio. Each unit will have a one-car garage and one additional parking space on site. The applicant applied for his building permit, BP98-1352, on October 8, 1998 and received his permit to build on January 7, 1999. At the May 13, 1999 Planning and Zoning Commission Meeting, Commissioner Downes removed this item from the consent agenda for discussion. Commissioner Downes questioned the number of required versus provided parking spaces and also the necessity of a common trash enclosure for this site. Staff has found that the total number of required parking spaces (8) has been met by the applicant. The question of a required common trash receptacle located on site stimulates the need for a text amendment. The current configuration of this site allows for each resident to store individual containers within their private garages. It is Staffs intent to remain consistent with existing multi-family design requirements for parking and landscaping, by requiring screened common trash enclosures for more than four (4) residential units per lot. Staff will further research and establish criteria for requiring trash enclosures for multiple family dwellings. RECOMMENDATION: Planning & Zoning Commission recommend approval of the Preliminary Plat and Staff recommends approval of S9-012; Final Plat''Verde Vista Condominiums". L bO k • • • TOWN OF FOUNTAIN HILLS t I *4.7.d, COMMUNITY DEVELOPMENT DEPARTMENT L D® 1DOMIMUM PEAVAPP IOA 'ION y :: Date Filed Fee Paid �;v Accepted ') y- q- 99 yCU Condominium Name VeaG / ist 1r c._ CoNc/O m I 01,,%s Condominium Addres I / to l (p . Sac 5 )er-o i 1 J4O• Legal Description of Lot/Parcel Being Platted _, Plat 2 0 1 Block c Lot(s) Parcel Size i c 88 I Number of Units ,1 Number of Tracts Zoning R—3 General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) olicant _ Day Phone I 11,e Q 1,>:0 1 v-os71-- L. L.. C. -2 et ( - CW(.4- Address _ City II ST Zip O$ct c E• M ISS►•c.vt Lc_ IA e S a ScJlcs.XC AZ. ?c2.5-9 Owner Day Phone SC_1tite Address City ST Zip Attachments(Please list) Sig ature of Owner I HERBY AUTHORIZE (Please Print) Date / eciltaig ,...=.10.v..01 IC. M04_4esoA 1-1.9 _9 g TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached be riii M n- I 0,,\.�)�! ill � M TIP a s V�r4w 'Jr '� 1 gI R K 4 .r11T,"Jli(2 / KqJ 4' \ Ne r �YG T l a - 7 05 f \ E is R a 7 / / �\ 4Jj Y 4q Y 7.`a i N c n -- 1/4" / * \ 10 %y., \4t I, ipq O ''o g O 1 Q: JB GS1 y _ ' W ��O--yy P+ A \ Cp z L� \ /v, °ia c R.z .2 "5 \ T o % \s` .® es0 r i g KC \ • _Jb sipigi *IILE!: \ \ .Si ' V • rif iz T \�So / r ^ • 3, @ 63 `a % \,.„. \6 \ \ / �vQ� <N" jEU1FH - IN 2 e• V 1111141' \ e /. t ��c z Et€If 1 oo/ y T Y E ' fl / 77 av8. g; WI rill B " b E; i/ /1� t°c 4'a § 3 a 510q i - I# f 111E - '1� P o 1 * lQ-. : R' YaF �� $�BIHli1 r1 . erv4 £ \I Se0 gAg a /4 Arl %; * r 1x:ii a83 a v M%a' \ 1 #1 l�'+ �� v /Ilig : A .. ,.. De— q�q �� / �^ Qy0 C gy ?ygR Rqy € ur; 4■ aq a $E@la, £t R's$t`-2$ R R °9 ■i5'lag Ra=Win ;PM _ • tq^ { pi '^� ,�, 8 ;5:4>f� AS IX 15 °R fl�lT�t2E� %v-1e^ Ra g eq PI Q q r1 q .0,s xfiljP ^ pp1;0111 $QE:411 1p .- i� olp i rk —� r,7 z :� 8i �R Fn� q 1^�� O $4 iF a a o ¢ iq 1 gl [ q .l ' FMB Q . V 67 Al Rpf 8 8 *- 1$ -1 1ag igRigi !IL 6i1lf EtIA s1� x0i ' a:1r $ 11111 " fig S g €€Aa A' - 4A Ag AaAp °:1? agR �i-gal °.$g- a ' $1. R0; ;via i w$. . ? s_ �i ABz g 8 � �i "SSA;1. 1a €a`- p E� e � �� t a 44 r. Q a 1. VERDE VISTA CONDOMINIUMS i......,'sun' IA.&8-27-1998 I .. MONTGOMERY ENGINEERING&MANAGEMENT,LLC. ° PLAT 201, BLOCK 5, LOT 6 `°�"OR" "°"'"98217 16766E PARKNEW ALE.SUITE 201 - ......o C7 of 2 ...r. AS NOTED FOUNTAIN NUS,ARIZONA 85268 11616 N SAGUARO BOULEVARD CONDOMINIUM RUT 602)837-18a5 ro.837-8668 xm..lwy. i .00 ..r) rn t 3 • i' I► D = ► n pi, ,-;. 25 17. CIBIRKEL. 6.3J' 8' C C S 5� 25., ^� I :16.33 8 ,„,_, . ,..'EIS I 1. "q- mils .. "?. Fri C; "Pg. _ .__.__ , „Li _ _ ._ ., O r am Dm EmilISIIIIIM ..: ) < _ — _ } T ;! ^• ( -_2_9_ 16.33' 8 5.8 25.17 116.33' P 22.5 11.67 9 I I 4: z5.,r 1 I ID JP' CD JO. D `► C'-� Li) C- > 1 8.00. 11 76.67' I 26.67' 1 26.67 MAX !--...0.--.1 TM' 8.00 ^�1 :8\ 1,_, 77H.n i ._ Ei ,‘,. , i , ,F.k . Tri 7,i i g I �� P., T'J LIs SIDEWAY m 4 4 a �� L STAIRS i,'4° 'F' �I \ i . k » I ' § $ m T4 U \� I� t . ! . I /I � 1 33'1 1, i" 1.33' I'I 33 r ^\ It Y/ 4 9.00' 1.9.00. // ' 9CC' 90C // Y i.-o J O 1 1 A fa7�W Ve VERDE VISTA CONDOMINIUMS ^w..or id loot 2/19/99 MONTGOMERY ENGI EERRIG A MANAGEMENT,LLC. PLAT 201, BLOCK 5 LOT 6 °`°®"°R"' L.,R,,,98217 16766 E.PARKHEW A5E.,SUITE 201 e,.�,e C2 of 2 .r. AS NOTED , FOUNTAIN HILLS,ARIZONA 85268 - 11616 N SAGUARO BOULEVARD , ACOMOMMUi SEcTims (602)837-1845 fox 837-8668 MO „R ar3C01.00. .. TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: May 19, 1999 SUBJECT: Preliminary& Final Plat for"Verde Vista Condominiums" At the May 13, 1999 Planning and Zoning Commission meeting, this agenda item was unanimously recommended for approval with the following stipulation : 1) A site easement located adjacent to the Saguaro Boulevard property line to be determined by the Town Engineer. The Planning and Zoning Commission report to Town Council neglected to mention this stipulation. Staff apologizes for any inconvenience this may cause. If you have any questions, please call me at 816-5138. L Chron 94 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Jim Leubner, E ineer/Plan Revi er� REVIEWED: Ra dy L Harrel, •wn Engineer THROUGH: Paul` . •i, ,'wn Manager DATE: May 1 1999 RE: Easement Aband nment 99-03; Resolution 1999-17 16627 E.Saguaro •lat 412A, Block 11, Lot 1) & 16857 E. Saguaro (Plat 412A, Block 8, Lot 11) Cambric Real Estate Holdings, L.L.C. This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easements located at the southerly property line of Lot 1, Block 11, Plat 412A, (16627 E. Saguaro Blvd) and at the south property line of Lot 11, Block 8, Plat 412A, (16857 E. Saguaro Blvd) as shown in Exhibit "A". The property owner of both lots Lo, desires the assurance that any future improvements made to the lots, will not be infringed upon by the construction of utilities or drainage conditions. The 20' at each end of each easement will be retained for the existing and any potential future utility boxes. Staff has received no comments to date from the adjacent property owners. 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 on both lots, providing that the proposed stipulations are met. The property owners of both subject lots are required to pass the developed flows generated by the upstream water shed 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. Salt River Project has required that the westerly 10' of the southerly 20' of Lot 1, Block 11 is to be retained as a public utility easement(this is included in the area to be retained.) L G:\Easement Memo\EA99-03,Mirage Homes,Plat 412A-11-1&412A-8-11.doc 1 Chron 94 Staff recommends adoption of Resolution 1999-17, with the following stipulations: • Submit a drainage report satisfactory to the Town Engineer. The drainage report should address the following issues: •The building finished floor should be at least 1' above the 100-year flood elevation (calculated from both the Cereus Wash breakout flow and the Laser Drain flow.) •Recalculate the Laser Drain HEC-2 analysis. Specifically, this project encroaches into the floodplain with the fill and fence. In addition, the Mannings' "n" value may have increased since the floodplain delineation study, due to increased vegetation size and density in the wash area. 'Calculate the flow elevation on Saguaro Blvd. at Laser Drain, considering weir inlet flow into the constricted Laser Drain channel. 'Evaluate the Laser Drain flood elevations considering a future culvert for Laser Drain at Firebrick Drive. 'Calculate and provide the required building setback for channel migration in accordance with the ADWR State Standard. •Show on an exhibit, the flood plain boundaries for both Laser Drain and Cereus Wash in relationship to the two properties' lot lines. 'Additional drainage easement area may need to be retained to contain the 100-year floodplain limits. • 20' of easement will be retained at each end of each of the easements for utility boxes. • Participate with the Town in a future culvert project (up to a 10'x8' RCBC) on Laser Drain at Firebrick Drive. The participation will not exceed 25% of the project, nor $20,000. The method of assuring this participation shall be satisfactory to the Town Engineer and the Town Attorney. • The Town will not require the developer to obtain a LOMR (Letter of Map Revision) for any projects on the properties adjacent to the abandonment (Block 8, Lot 11 and Block 11, Lot 1). However, please note that a lender may require a LOMR and/or flood insurance as a condition of a mortgage. c: John Spaugh MCO Properties FireRock Resort Casitas, HOA Jim Luebner G:\Easement Memo\EA99-03,Mirage Homes,Plat 412A-11-1&412A-8-1 I.doc 2 When recorded, return to: engineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 1, BLOCK 11, PLAT 412-A AND ALONG THE SOUTHERLY PROPERTY LINE OF LOT 11, BLOCK 8, PLAT 412-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 20, 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 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 portions of the certain 20' public utility and drainage easements located along the southerly property line of Lot 11, Block 8, of Plat 412-A; and along the southerly property line of Lot 1, Block 11 of Plat 412-A, as shown in Exhibit A; Fountain Hills, Arizona; as recorded in book 158 of maps, page 20 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. The property owners of both subject lots are required to pass the developed flows generated by the upstream water shed 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 1999-17 Page 1 of IL S- DAD-5 5 MOTION p''f SECOND Porr•4. COUNT -1 -b PASSED AND ADOPTED this 20th day of May 1999. TTEST: FOR THE TOWN OF FOUNTAIN HILLS (ittil/Iti_Q3 11,2,n4.4...) L., N .40--- Cassie B. Hansen, Town Clerk Sharon Morgan, ay .REVIEW D Y:;?/ APPROVED AS TO FORM: dat,- 7//2.ae., G laul L. ordin, Town Manager William E. Farrell, Town Attorney L Resolution 1999-17 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" (PRELIMINARY) L. PLAT 412-A BLOCK 11 LOT 1 & PLAT 412- A BLOCK 8 LOT 11 CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 31.42' 20.00' 90'00100" C2 227.92' 361.50' 36'07'26" \(30' ALLEY UNE TABLE - \\•\ '\ UNE LENGTH BEARING \ \ "-1:$_T.'- �'� L1 105.00' N 1418'00" W , \ L2 99.58 N 1418'00" W PLAT 412-A -' \ �`�" / L3 40.00' N 75'42'00" E BOLOCK 10 ,--__- ,- ��5 L4 25.00' N 75'42'00" E -, 4 0 ,�C"\��o ��PS� BOP ,1 h'0 9 ,�' \ p- 06 1�; \Fo, _,-- ,- `,2 p0 -� �R aK2' \‘ \,/.- '\ 44-.- \r'• Gv P,- 0.3p 33 ...4-C/ \' \�b • -- SPA. D� 39..'?1-;'. - \ \ ; BLOCK 11 \F` �.� �, pp \ 1 LOT 1 , " ,,�R,15 a' BLOCK 8 _�► -4e LOT 11 N\, \,\ 1; 20' �j lllfffl1.95 tea. ' <,, . /%/1 20 "vim l LASER DRAIN C2 /e, _ '\ ,. 1153 - ---_ PAR S 20' PUBUC UTIUTY 20 PUBUC UTILITY _--_C_EL___C m \ 'r--� & DRAINAGE EASEMENT --____ '\ & DRAINAGE EASEMENT ABANDONED -----------J\n '\ \, ABANDONED �� \Q'\ \ BLOCK 8 \75 \ \ FIREROCK .,,,y ••\ LOT 10 \ CASIT' •A.4, .0VICir�c. • \ \\ '\ 25' R/W .. _4'� �.-- i,i 16545 • \ 25' R/W LC RANDY L. __ _. HARRE LOT 9 \ '��' .y S/.ned - P, •'\ " Ri`A,v S ,IV // /;�-'/ Q�pc�I� NOTE: ADDITIONAL DRAINAGE EASEMEN ARE S MAY NEED TO BE RETAINED TO BE BASED ON THE RESULTS OF A DRAINAGE STUDY. SCALE: 1"=100' DATE: 4-30-99 Town of Fountain Hills Le Memorandum DATE: May 14, 1999 TO: The Hono . ,ile Mayor and Common Council FROM: - Vale- Community Development Direct THROUGH: Pa o . own Manager SUBJECT: An a , ent t. the Future Land Use Plan Map of The Fountain Hills General Plan to designat: a 40.3 acre parcel of land located southwest of the Shea/Saguaro Boulevard intersection from the"Business Park" (BP)to the "General Commercial/Retail"(C/R) land use designation, Resolution 1999-23, Case Number GPA99-01 The Barclay Group has requested approval of this amendment to the Future Land Use Plan Map of The Fountain Hills General Plan to redesignate a 40.3 acre parcel of land located southwest of the Shea/Saguaro Boulevard intersection from the "Business Park" (BP)to the"General Commercial/Retail" (C/R)land use designation. This general plan amendment would enable the Town Council to consider rezoning the site from its current Industrial-1 (IND-1) zoning to a commercial zoning district to facilitate a commercial development on the site. Please see the attached staff report for a full review on the proposed general plan amendment. On May 13, 1990 the Planning and Zoning Commission recommended Town Council denial of the proposed amendment by a vote of 5-2. Staff believes that commercial development on this site could be appropriately developed and that any adverse impacts to the Town and/or abutting neighborhoods would be adequately mitigated. Staff therefore believes that the Council should provide itself with the opportunity to more closely review a commercial zoning proposal on the site that could benefit the community and recommends Town Council approval of Resolution 1999-23. TOWN OF FOUNTAIN HILLS STAFF REPORT MAY 14, 1999 CASE NO.: GPA 99-01 LOCATION: Immediately southwest of Shea Boulevard, northwest of Saguaro Boulevard and east and north of Technology Drive. The property consists of Lots 1 and 2 in Plat 412-A, the Cosmic Drive right-of-way, the Laser Drive right-of- way, an alley right-of-way, and an area of land that is currently unsubdivided. REQUEST: Amend the General Plan to redesignate the site from the "Business Park" (BP) to the "General Commercial/Retail" (C/R) General Plan Land Use Designation. DESCRIPTION: OWNER: MCO Properties L.P. APPLICANT: Barclay Group EXISTING GENERAL PLAN LAND USE DESIGNATION: "BP" PROPOSED GENERAL PLAN LAND USE DESIGNATION: "C/R" EXISTING ZONING: "IND-1" PARCEL SIZE: 40.3±acres SURROUNDING LAND USES AND ZONING: NORTH: Developed and undeveloped residential lots in Plat 403-B, zoned "R1-35." EAST: Developed commercial and residential uses within several subdivisions, zoned "C-0", "C-2", "R-3", "R-5" and "R1-43." SOUTH: Developed and undeveloped industrial, multi-family and single-family lots within Plats 414, 412-A and 412-B, zoned "IND-1", "1ND-2", "R-3" and "R 1-43." WEST: Developed and undeveloped industrial unsubdivided land and lots within Plat 412-A, zoned "IND-1" and"IND-2." SUMMARY: This request by the Barclay Group is for approval of a General Plan Amendment, which would redesignate the project site from the "Business Park" to the "General Commercial/Retail" land use designation on the Future Land Use Plan Map. The applicant states in the application materials that the proposed amendment would allow for the development of a "Target" department store, a possible grocery store and the development of several thousand square feet of smaller retail users. Town Council Staff Report GPA 99-01 May 14, 1999 Page 2 GENERAL PLAN AMENDMENT The adopted General Plan Future Land Use Map designates the entire site for "Business Park" land uses. The applicant proposes to amend the General Plan by redesignating the site, which consists of Lots 1 and 2 in Plat 412-A, the Cosmic Drive right-of-way, the Laser Drive right-of-way, an alley rights-of-way, and an area of land that is currently unsubdivided to "General Commercial/Retail." By gaining approval of this General Plan Amendment, the area could be rezoned to any of the Town's commercial zoning districts. ANALYSIS: If the Town desires in the future to rezone the property to a commercial zoning district to allow for commercial development on the site, an amendment to the General Plan is necessary. Any rezoning must be in conformance with the General Plan. Amendments to the General Plan should occur only after careful review of the request and finding of facts in support of the revision. The finding of facts should include, but not be limited to: 1. That the amendment and resulting zoning action will not adversely impact the community either in part or as a whole. 2. That the amendment is consistent with the Visions, Goals and Objectives of the Fountain Hills General Plan. The General Plan includes language that supports either the approval or denial of the proposed amendment as well as general, more neutral language that should be reviewed by the Town before action is taken on the proposed amendment. Attachment "A" includes relevant excerpts from The Town of Fountain Hills General Plan that are indicated as neutral, pro (Attachment "B") and con (Attachment "C"). These excerpts should be reviewed in considering whether the proposed amendment is consistent with the Visions, Goals and Objectives of the General Plan. The Land Use Element is the focal element of the General Plan and illustrates the vision the community has for itself in terms of where it should develop and where it should not develop, the anticipated scale and intensity of development, and how various land uses relate to each other. Staff believes that there are four main issues to consider. They are: 1. Should the Town designate (and rezone)to create additional commercial land? The General Plan clearly identifies the fact that the Town contains an overabundance of commercially-zoned land. The Plan also is very focused on encouraging viable commercial development in the Town Center area, and discourages the development of secondary commercial nodes that could detract from the future viability of the Town Center. Town Council Staff Report GPA 99-01 May 14, 1999 Page 3 However, the Economic Development Element includes language calling for additional commercial development on Shea Boulevard for larger commercial developments that would not be viable in the Town Center. 2. Will the commercial development be detrimental, neutral or beneficial to the residential areas around the project site? After listening to the concerns of neighboring residential property owners at several informal public meetings, one-on-one conversations and telephone calls, Staff has determined that the following issues are relevant when considering the detrimental and beneficial elements that a commercial development at this site would have on neighboring residential land uses: Visual Impact: Visual impact is by its nature a subjective issue. While an industrial user of the property would be less likely to develop the large parking lots that a commercial development would have, industrial buildings are typically developed in a more utilitarian manner while commercial developments place more emphasis on aesthetically-pleasing buildings to attract the public. Industrial users typically request minimal signage while commercial developments maximize the amount of signage in a development to attract the public and inform them of the names of the commercial businesses within the development. Traffic: Industrial developments typically have a lower traffic trip generation rate as compared to commercial developments. Industrial developments typically have more truck traffic than a comparably sized commercial development and greater traffic during certain peak times of the day, such as when a work shift begins or ends. Regardless of the quantity and type of traffic generated, any adverse neighborhood impacts can be mitigated by the design of the roads serving the development. Noise: Regardless of the type of development, town noise ordinances will be enforced. 3. Will the commercial development create additional traffic congestion and new safety concerns for those traveling on Shea Boulevard? The applicant submitted a traffic report on April 30, 1999. The Town Engineer has reviewed the traffic report and believes that any additional traffic generated by the commercial use of the property can be accommodated by improvements on Shea Boulevard and Saguaro Boulevard. Specifically the Town Engineer believes that acceptable levels of service will be maintained on Shea Boulevard by the development of a third east bound lane and the development of acceleration/deceleration lanes along the project's frontage on the Town Council Staff Report GPA 99-01 May 14, 1999 Page 4 south side of Shea Boulevard. The Town Engineer also believes that the development of an additional lane on southbound Saguaro Boulevard, from Shea Boulevard to the proposed right-in only driveway will ensure the same levels of service for that portion of Saguaro Boulevard. The applicant's proposal for developing a full-lighted intersection at Shea Boulevard and Technology Drive (Proposed) will be safe. The other driveways along Shea Boulevard will offer varying turning movements into and out of the site. The Town Engineer is confident that all of these intersections can be designed to ensure safe vehicular passage along Shea Boulevard. 4. Will the commercial development be an economic benefit to the Town? The commercial development of the site will economically benefit the Town by adding to the Town's sales tax revenue. Please see the attached memorandum by Julie Ghetti for information regarding sales tax revenue projections. REVIEW PROCESS: A general plan amendment must be able to stand on its own and be judged on the appropriateness of the land use designations. The Commission and Council must ask if the proposed amendment is consistent with the Visions, Goals, Objectives, Recommendations and Guidelines of the adopted General Plan. If so, then the amendment should be granted. If not, the amendment should be denied. Unlike the Zoning Ordinance or the Subdivision Ordinance, the General Plan does not have the enforcement or penalty mechanisms if certain development-related stipulations are not performed. Growing Smarter Implications: State statutes regarding general plan amendment procedures have been recently revised as a result of the Gwowing Smarter Iniative, and resulted in two signicant changes. The first is general plan amendments are now referrable actions. The second is that if certain criteria are met, a 2/3 vote (5 of 7 Councilmenbers) of the Council is required in order to approve a general plan amendment. Staff and the Town Attorney have reviewed those criteria and we have determined that this amendment does not meet those criteria, so a simple majority vote of the Council is sufficient to approve this general plan amendment. Staff will provide the Council with a memorandum next Tuesday,May 18, 1999 that more specifically addresses this issue. L Town Council Staff Report GPA 99-01 May 14, 1999 Page 5 RECOMMENDATION: On page 1-4 of the General Plan it states: "It shall be the burden of the party requesting the amendment to prove that the change constitutes an improvement to the General Plan. It shall not be the burden of the Town to determine that an amendment should be denied." On May 13, 1999 the Planning and Zoning Commission recommended Town Council denial of this proposed general plan amendment by a vote of 5-2. There are many significant issues relating to this project that the Town Council should review. Staff believes that the Town would benefit by redesigning the site from "Business Park" to the "General Commercial/Retail" land use designation as long as any adverse impacts to the neighboring residential uses are minimized. The approval of the general plan amendment will provide the Council with the opportunity to review a rezoning application for this area. The denial of the proposed amendment would not. Staff is confidant that any impacts to the Town and abutting neighborhoods can be addressed and mitigated through tailored zoning regulations that could address individual uses, lighting, landscaping, signage, etc. Staff Town Council approval of this General Plan Amendment, Resolution 1999-23, Case Number GHPA99-01. L L Town Council Staff Report GPA 99-01 May 14, 1999 Page 6 ATTACHMENT"A" NEUTRAL BUT RELEVANT LANGUAGE REGARDING THE PROPOSED GENERAL PLAN AMENDMENT: OVERALL VISION STATEMENT(Page 3-2) To preserve,protect,and utilize our pristine natural resources and pursue excellence and diversity in creating a community that provides opportunities to live, work, and play characterized by its vistas, clean air, serenity, friendly community spirit and world renowned fountain, through careful and innovative planning and fiscal responsibility. 1. LAND USE ELEMENT:(Page 3-2) VISION: Maintain a small town community character which sensitively allocates land for future development in all land uses, and provides for preservation of the flora and fauna of the Sonoran Desert which characterizes Fountain Hills'quality of life. GOAL 1.0 Promote Fountain Hills as a place to live,work and play surrounded by the natural Sonoran desert. 460 GOAL 2.0 Provide sensitive integration of the man-made environment with the natural environment. GOAL 3.0 Encourage a compatible mix of land uses In addition to the goals of the Land Use Element,the General Plan provides Planning Recommendations in the Following six areas: (Page 4-20) A) Land Use Principles B) Land Use Plan C) Land Use Definitions D) Residential Land Use Guidelines E) Service/Employment Area Land Use Guidelines F) Additional Land Use Guidelines A) Land Use Principles The following generalized Land Use Principles should be utilized to determine the future specific locations of land uses that are generally indicated on the land use plan. They are also focused on promoting orderly and cost efficient development and perhaps most importantly,to preserve the beauty and character of the Town. 1. Preserve the unique natural and scenic resources of Fountain Hills, while accommodating new residential and non-residential growth in an orderly and environmentally sound manner. Town Council Staff Report GPA 99-01 May 14, 1999 Page 7 C) Land Use Definitions(Page 4-24) The following provides detailed descriptions of the proposed uses in each land use category,along with general criteria for development, where applicable. Reference should also be made to Section 4.4.D for guidelines which should be used in developing these land uses. The Service/Employment Uses Include: 6. General Commercial/Retail The General Commercial/Retail category includes areas providing for the sale of convenience goods (food,drugs and sundries)and personal services which meet the daily needs of a multi-neighborhood area. 10. The Business Park Category includes areas where mixed general office, warehousing, light industrial uses have been historically developed. Future development of Business Park uses should be targeted for the existing areas and for sites with potential visual exposure to Shea Boulevard. E) Service/Employment Area Land Use Guidelines Commercial/Retail Future development of retail facilities (those serving a population of 4,000 to 8,000 people located within a service area with a one to two mile radius)should be limited to the existing sites and those areas designated on the General Plan. Business Park Future development of Business Park uses should be in the Fire Rock area south of Shea Boulevard. The less intense uses may be acceptable in the area east of Saguaro Boulevard south of Colony Drive. Future business park development in Fountain Hills should occur within a campus-like setting. Any areas which are adjacent to residential districts must utilize adequate buffering techniques. F) Additional Land Use Guidelines(Page 4-30) 2. Buffering Techniques In cases where less than desirable compatibility solutions exist, the following buffering techniques should be required: • Areas consisting of extensive landscaped open space; • Arterial and collector streets with extensive landscaping; • Heavily landscaped underground utility corridor easements; • Screen walls,landscaping,earthen berms; • Preservation of natural topographic features. L Town Council Staff Report GPA 99-01 May 14, 1999 Page 8 CIRCULATION ELEMENT 5.3 VISION,GOALS AND OBJECTIVES(Page 5-6) Objective 1.1 Provide criteria for the location of ingress and egress points,along Shea Boulevard. 5.4 PLANNING GUIDELINES(Page 5-8) The circulation planning guidelines of the Fountain Hills General Plan are presented in the following seven sub-sections: A) Traffic Impacts of New Development C) Driveways E) Access Control A) Traffic Impacts of New Development The Town of Fountain Hills should adopt a policy regarding the development of a Traffic Impact (1111, Analysis,sealed by an Arizona registered professional engineer specializing in traffic engineering,on all new development that the Town Engineer determines is necessary, as well as substantial reconstruction projects within the boundaries of Town. This policy should address how costs of capital improvements identified in the traffic analysis should be paid... The Town of Fountain Hills should require the developer to implement the necessary approved mitigations at no expense to the Town, or by some other equitable proportioning of project costs, as approved by the Town. C) Driveways The design features and locations of driveways to provide access to property shall be in accordance with the ITE Recommended Practice entitled Guidelines for Driveway Location and Design, or as approved by the Town Council,based on Planning and Zoning recommendations. Driveways shall be located so as to not inhibit the flow of traffic on public streets and not present a safety hazard by location or operation. Minimizing the number of driveways along an arterial or collector road is desirable. The use of joint- access drives serving more than one property, as well as the interconnection of property access and parking areas is desirable,thus reducing the number of driveways with access to the roadways. E) Access Control The lack of access control along the arterial roadways increase the [potential for accidents and reduce safety for the residents of Fountain Hills. Through the creation of an Access Control Plan,the Town will ensure the functional integrity of the arterial roadways and protect residents and business patrons from the high level of exposure to conflicts which result with frequent and uncontrolled driveways and curb cuts... Town Council Staff Report GPA 99-01 May 14, 1999 Page 9 Median breaks at the intersections with collector streets, local streets, or major driveways should be limited to a maximum of five per mile with access allowed based on traffic flow, efficiency and safety. Direct access to private parcels of land should be controlled utilizing right-in/right-out only access points when they do not align with established median break points. Frontage roads can be another effective form of access control,especially in residential areas. 440 Town Council Staff Report GPA 99-01 May 14, 1999 Page l0 ATTACHMENT"B" RELEVANT LANGUAGE THAT SUPPORTS THE PROPOSED GENERAL PLAN AMENDMENT 1. LAND USE ELEMENT:(Page 4-18) GOAL 1.0 Promote Fountain Hills as a place to live, work and play surrounded by the natural Sonoran desert. 4. Economic Development Element:(Page 3-3) VISION:Fountain Hills should develop into a self-supporting community through the retention and growth of existing business while energetically pursuing new business that will support and preserve the integrity of the community. 7.2 PROBLEM IDENTIFICATION (Page 7-15) The Economic Development issues identified by the community in the first series of community workshops, the results of input received from the individuals and groups interviewed, and the inventory and analysis of existing conditions, provide a comprehensive understanding of the current problems or weaknesses relative to the economic development of Fountain Hills. E) High Retail and Service Expenditure Leakage In spite of the importance of the retail trade and service industries in Fountain Hills,there is considerable expenditure leakage from the Town. It is estimated that during 1992, 69% of residents' retail expenditures, and 72% of expenditures for services, are made outside the Town. The largest leakages occur for automobile purchases, health services, department store purchases,eating out,home furnishings,and automobile repair. F) Lack of Commercially Zoned Land along Shea Boulevard This relates to the inadequacy of commercially-zoned acreage along Shea Boulevard to support the needs of larger retailing targets that require visibility along major arterials in order to attract regional markets. These relatively large employers appear as part of our retail sector target list. Commercial sites along Shea are very limited, while other sites within the Town lack adequate visibility and access. 7.3 VISION,GOALS AND OBJECTIVES(Page 7-18) The Vision, Goals and Objectives developed for the Economic Development Element of the Fountain Hills General Plan are presented below: GOAL 2.0 Develop an Economic Development strategy for Fountain Hills. Objective 2.5 Attract new retail and service businesses, especially those in under-represented categories,in order to help reduce expenditure leakages. L fkirw Town Council Staff Report GPA 99-01 May 14, 1999 Page 11 GOAL 5.0 Capitalize on and promote Fountain Hills as a respite from urbanization but with convenient access to metro Phoenix communities and the recreational destinations of the rivers, lakes,or the mountain recreational areas. Objective 5.1 Create attractions and services which are beneficial to those who are otherwise "passing through",and develop a tourism strategy to promote enhanced tourism. fellow Town Council Staff Report GPA 99-01 May 14, 1999 Page 12 ATTACHMENT"C" RELEVANT LANGUAGE THAT SUPPORTS DENIAL OF THE PROPOSED GENERAL PLAN AMENDMENT 4.2 PROBLEM IDENTIFICATION(Page 4-15) There are several areas in which the Fountain Hills General Plan is focused to alleviate potential conflicts and imbalance in the Land Use issue area. The following issues or potential problems are ones the plan has sought to address. These are not listed in any order of priority. A) Imbalance of commercially zoned land relative to project need E) Integration of existing commercial areas F) The need for an entry statement for Fountain Hills G) The need to address random pattern of commercial development Each of these potential problem areas are discussed below, and are interrelated to other individual Elements of the General Plan. A) Imbalance of commercially zoned land relative to project need The projected demand for commercially zoned land by 2012 is approximately 155 additional gross acres beyond the estimated 90 gross acres occupied in 1992. With a total of approximately 500 gross acres of commercially zoned land existing in 1992, there will be a potential surplus of 250 acres in 2012. The Town should address shifting some of the commercial zones to other areas where they are more appropriate. E) Integration of existing commercial areas The Saguaro Boulevard entry experience from Shea Boulevard to Palisades Boulevard needs to be coordinated in landscape,building and signage continuity to reinforce a positive image. Its current image of random linear commercial strip does little to enhance the community. The fact that the majority of this area is in individual ownership makes the task all the more difficult. The Town in its long range planning efforts should conduct a corridor study to address relating to the infill of this area, potential reuse or alternative uses for the commercially zoned land,and develop a thematic continuity for the overall appearance. The end results of the study should allow the property owner to begin to take steps to implement corrective changes as they make individual improvements to their own property. G) The need to address random pattern of commercial development The overabundance of commercially zoned land in Fountain Hills has allowed commercial development to take place on a sporadic basis. Because the commercially zoned areas have been developed largely through land sales programs. Fountain Hills lacks a cohesiveness in its commercial core. Not only is the commercial development in Fountain Hills over large tracts of land and in different geographic locations, but the type of development is diverse. The areas Town Council Staff Report GPA 99-01 May 14, 1999 Page 13 projected as being the downtown area is having to compete with two retail shopping centers for specialty retail shops. The size of lots and the land development scheme of the various commercial areas has provided a diversity of development opportunity beyond the ability of the Town to support in terms of total acreage necessary to provide such diversity. The Town needs to develop greater continuity with its overall commercial development. Measures to encourage the reduction of commercially zoned land so new commercial development will infill into the areas that has existing commercial development. 4.3 VISIONS,GOALS AND OBJECTIVES(Page 4-18) Goal 1.0 Promote Fountain Hills as a place to live,work and play surrounded by the natural Sonoran desert. Objective 1.1 Concentrate commercial development in the Town Center area, within a defined scale,appropriate character and design theme. Objective 1.3 Reinforce neighborhood identities and their relationship to the whole community. Goal 2.0 Provide sensitive integration of the man-made environment with the natural environment. Objective 2.1 Encourage a reasonable balance between open space and the development to maintain the openness of Fountain Hills. Objective 2.6 Encourage development that complements environmentally sensitive areas. In addition to the goals of the Land Use Element,the General Plan provides Planning Recommendations in the Following six areas: (Page 4-20) A) Land Use Principles B) Land Use Plan C) Land Use Definitions D) Residential Land Use Guidelines E) Service/Employment Area Land Use Guidelines F) Additional Land Use Guidelines A) Land Use Principles The following generalized Land Use Principles should be utilized to determine the future specific locations of land uses that are generally indicated on the land use plan. They are also focused on promoting orderly and cost efficient development and perhaps most importantly, to preserve the beauty and character of the Town. 1. Preserve the unique natural and scenic resources of Fountain Hills, while accommodating new residential and non-residential growth in an orderly and environmentally sound manner. Town Council Staff Report GPA 99-01 May 14, 1999 Page 14 2. Protect and preserve existing neighborhoods from incompatible adjacent land uses, inappropriate infill and the potential adverse effects of major capital improvements. 5. Promote the development of a diversity of residential densities throughout the Town with: • Very low densities(.025-1 DU/AC)located in environmentally sensitive areas. 6. Locate future commercial retail or office uses within the Town Center area which offers good access via the arterial street system and is near the focal areas for community recreation and events. L L Chron 131 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Jeff Valder 1, FROM: Randy L. Harre DATE: May 10, 1999 RE: Target Shopping Center, Traffic Impact Study(TIS) Review of 1s Submittal for General Plan Amendment Consideration Task Engineering has submitted a very thorough 1st submittal of a Traffic Impact Study for the Target Shopping Center at the southwest corner of Shea Blvd/Saguaro Blvd. At the General Plan Amendment review level, the TIS needs to show that the transportation network can accommodate the site traffic generated. Based on the 1st submittal of the TIS, the Engineering Department's opinion is that an appropriate street network will be able to accommodate the projected site and pass-by traffic. Approval of the General Plan Amendment will provide acceptable traffic circulation. Our contract Traffic Engineer is out of the country on a professional teaching assignment. Our detailed technical comments on the report will be delayed until after his return and review. The specific matrix of necessary transportation improvements to be stipulated will be finalized by further submittals of the TIS, (w. prior to rezoning the property. At this time, we preliminarily believe the following transportation improvements will be necessary: • Shea Blvd — widen for the 3rd lane, bike lane, curb, and center median eastbound and westbound from Saguaro Blvd to west of Technology Drive. • Technology Drive — construct to the minor collector standard from Laser Drive to the proposed site driveway, and to the medianed major collector standard from the site driveway to Shea Blvd, all with appropriate added turn lanes at intersections. • Laser Drive may be removed and abandoned from Technology Drive to Saguaro Blvd. • Add a new traffic signal at the Shea/Technology intersection. • Upgrade of the existing traffic signal at the Shea/Saguaro intersection. • Right-turn deceleration lanes at appropriate driveways and intersections along Shea. • A left-turn channelized deceleration/acceleration lane on Shea at the middle site driveway. • Right-in access only to the site at the Saguaro/Firebrick driveway intersection. • Adding a 2nd southbound lane and appropriate turn lanes on Saguaro Blvd from Shea to Firebrick Drive. • A partial or full median closure at the Bank of America/Denny's driveway entrance on Saguaro Blvd. L Target TIS.doc Page 1 of 2 Chron 131 • Right-in, right-out access only at the proposed west driveway. We question whether the westerly two pads are appropriate. • Technology Drive/Saguaro Blvd intersection. This is virtually unaffected by the Target Shopping Center. Whether it will be closed or will remain open can be addressed by the Town Council in a totally separate local traffic calming decision. • Relocate the west Bank of America driveway on Shea to a combined driveway with the Target shopping center. We hope this memo will be of help in the upcoming deliberations regarding the General Plan Amendment. bb cc: Paul Nordin Bill Farrell Jim Leubner Ogbonna Abarikwu Trey Eakin/Barclay Group Ken Howell Task Engineering Carl Bommarito/MCO L Target TIS.doc Page 2 of 2 z it 1 MEMORANDUM TO: Paul Nordin FROM: Julie Ghetti RE: Projected Local Sales Tax—Target Retail Center DATE: December 11, 1998 As requested, below are revenue projections for the proposed Target retail center on Shea Boulevard. These projections are based on information that was prepared for the initial local sales tax adoption as well as additional information that I was able to obtain. FOUNTAIN HILLS RETAIL SALES TAX REVENUE ESTIMATE FIVE YEAR PROJECTION STORE Year 1 Year 2 Year 3 Year 4 Year 5 Target $192,000 $201,984 $212,083 $221,627 $231,600 Grocery $120,000 $126,240 $132,552 $138,517 $144,750 Retail $74,100 $77,953 $81,851 $85,534 $89,383 TOTAL $386,100 $406,177 $426,486 $445,678 $475,733 Target Retail Store The projected sales tax revenue for Target was determined by considering historical revenue information from three other Target stores in the valley. The three stores that were used in this analysis represent the best, the worst and the middle in terms of annual revenues for the city in which the stores are located. Sales tax revenues are difficult to compare from one area to another due to differences in size and composition of the economic base of areas. However, using the above references I prepared the estimates for Fountain Hills based on the store that had the lowest taxable revenue. Grocery Store The estimate for sales tax revenue received from a proposed grocery store is based on an evaluation of the similar grocery stores in the area with a population base similar to Fountain Hills. Retail Stores The analysis used to prepare data for projected sales tax revenue for new retail stores is based on the number of retail reporting entities currently in Fountain Hills with an average per business. Assuming that 25 new retail establishments will be located around Target the annual increase in local sales tax revenue is calculated. Economic Forecast for Five Years The 1998 and 1999 economic forecasts for Maricopa County and Arizona as prepared by the Arizona State University William Seidman Research Institute predict a growth of 5.0 and 5.4 percent for 1999. Using the average of 5.2 for Year 2, 5.0 for Year 3, and 4.5 for the next two years provides the five year extension. L L iv, • : TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid January 15, 1999 $3,483.00 Accepted By Applicant Barclay Group (Attn: Trey Eakin) Day Phone Address 596-9399 8145 N. 86th Place City ST Zip Scottsdale AZ 85258 Owner MCO Properties L.P. Day Phone 837-9660 Address City 16838 E. Palisades Blvd. Fountain Hills STAZ Zip 85268 Legal Description of Property Under Consideration S.W. corner of Shea & Saguaro (approx. 32.2 acres) Present General Plan Land Use Classification(s) BP (Business Park) Proposed General Plan Land Use Classification(s) Acres Unit Gross Density Single FamilyNery Low Density Residential (0.025- 1.0 DU/AC) Single Family/Low Density Residential (1 -2 DU/AC) Single Family/Medium Density Residential (2-4.5 DU/AC) Multi Family/Medium Density Residential (4- 8 DU/AC) Multi Family/High Density Residential (8- 12 DU/AC) Mixed Use Office General Commercial/Retail C-2 ci3,1 -- Lodging -- Industrial Utility Government School Park Lf Courses Open Space S re of O .her Date TFH Case Number 1/15/99 TOWN OF FOUNTAIN HILLS GENERAL PLAN AMENDMENT (Page 2 of 2) Lar If application is being filed by an agent of 9 the owner please complete the following shaded section: (Please print) , ,hereby authorize as my agent to the this application. Subscribed and sworn before me this t:.y , _ day of , i 9 Notary Public - = �" .� - My Commission Expires (Stamp) Please provide the following (attach additional sheets if necessary) 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. Land Use Plan A. Please identify the conditions that require the General Plan to be amended. A narrative on how this proposed amendment to the General Plan will help Fountain Hills achieve it General Plan Goals and Objectives. err B. Existing General Plan land use designations. C. A map showing the proposed land use designations and a table providing information on the existing density ranges and the proposed density ranges and the population forecast for the area. D. A graphic analysis of the vegetative features of the area. E. A slope analysis of the area showing areas that are zero to 10 percent, 10 to 20 percent, 20 to 30 percent, and greater than 30 percent in slope. 3. Circulation Plan A. Street system inventory. B. Existing traffic volumes. C. Projected traffic volumes at full development. D. Alternative transportation facilities. 4. Parks, Recreation and Open Space Plan A. Show areas proposed to be designated as natural open space, park land, and recreation areas. B. Describe the parks and recreation needs for the use described in the Area Specific Plan and how these needs are to be fulfilled. 5. Infrastructure Impact Provide a narrative on water and sewer service infrastructure needed to serve the area under consideration. Ir'Provide 3 full size prints p s (24" X 36") of all the graphics requested. TFH Case Number L 1. Mailing Labels - See attached 2. Land Use Plan (A) The proposed amendment would allow for the development of a"Target" department store, as well as a third grocery store facility for Fountain Hills. These two facilities, plus several thousand square feet of smaller retail users, would provide a tremendous amount of employment; thousands of dollars in sales tax revenue; and provide goods and services beneficial to the majority of Fountain Hills citizens. This proposed amendment would particularly help Fountain Hills achieve Goal 1.0 and Objective 1.2, and Goal 3.0 and Objective 3.2, under the General Land UseeElement, and Goal 2.0 and Objectives 2.3 and 2.5, Goal 3.0 and Objective 3.3, and Goal 5.0 and Objective 5.3 under the General Plan Economic Development Element, as set forth in the 1997 General Plan proposal. (B) Business Park (C) See attached (D) To be provided (E) To be provided 3. Circulation Plan (A) Information in Town Office possession (B) Information in Town Office possession (C) To be provided (D) To be provided 4. Parks, Recreation and Open Space Plan (A) Not applicable (B) Not applicable 5. Infrastructure Impact-to be provided (1109 H:\WP\TARGET\APP MEM Town of Fountain Hills tkliw Memorandum DATE: May 20, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Directgr_- THROUGH: Paul L.Nordin,Town Manager SUBJECT: Town Council voting requirements for General Plan Amendments The following memorandum discusses the voting requirements of the Council as it relates to the proposed general plan amendment for the "Target" site southwest of the Shea Boulevard / Saguaro Boulevard intersection. In the staff report for this proposed general plan amendment you may have read that staff and the Town Attorney agree that only a simple majority vote of the Council is needed to approve the general plan amendment. The following is a brief review of how and why we came to that determination: Prior to the approval of the Growing Smarter initiative, the approval or amendment of a general plan required only a simple majority vote of the Council. One part of the Growing Smarter initiative was language that requires the affirmative vote of 2/3 of the entire Council to adopt or amend a general plan if one or more criteria are met. The relevant language from Arizona Revised Statutes is reprinted below: § 9-461.06. Adoption and amendment of general plan; expiration and readoption A. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article. G. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the legislative body of the municipality, after notice as provided for in subsection D. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the legislative body of the municipality. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the legislative body to show that it has adopted by the legislative body. For purposes of this subsection, "major amendment" means any of the following: 1. A change of land use designation on the plan that: (a) Increases that intensity of use on the property. (b) Decreases the intensity of use on the property at the initiative of the governing body or zoning body. 2. Deletion of a requirement for the reservation or dedication of land for public purposes,except for minor boundary adjustments or street alignments. 3. Establishment of a new, or deletion of a planned, freeway, expressway, parkway, or limited access arterial street shown on the general plan. K. The adoption or readoption of a general plan, and any amendment to a general plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article iv, part 1, § 1, subsection (8), constitution of Arizona, and title 19, chapter 1, article 4. Town Council Memorandum Town Council voting requirements for general plan amendments May 20, 1999 Page 2 of 3 Crir ANALYSIS: Staff and the Town Attorney have reviewed these criteria relating to the possible requirement for a 2/3 vote of the Council as they relate to the "Target" general plan amendment. The main question is whether this amendment is a"major amendment"to the Fountain Hills General Plan. To answer this question one needs to review and answer the following questions: 1. Does the proposed amendment change the land use designation on the plan such that it increases the intensity of use on the property? "Intensity"is defined by Websters as "the quality or state of being intense; esp: degree of strength, energy, or force. "Intensify" is defined by Websters as to make or become intense or more intensive; or to make more acute. The American Planning Association's Planning Advisory Service has a published The Language of Planning and Zoning, by Michael J. Meshenberg, that contains definitions for terms related to planning and zoning. "Intensity" is defined in this publication as follows: Intensity: The degree to which land is used. While frequently used synonymously with density, intensity has a somewhat broader, though less clear meaning, referring to levels of concentration or activity in uses such as residential, commercial, industrial, recreation or parking. Land-use-intensity ratings have been proposed as an improved approach to regulating residential intensity, but may be difficult to apply to other fields. For example, in the commercial classification a well-located convenience store is a far more intensive use than is a shopping center. To determine the relative intensity of the "Business Park" (Industrial) to the "Commercial/Retail" land use designation, one needs to review all of the possible land uses that could be developed under those land use designations, regardless of the existing or any proposed zoning on the property. Under the existing"Business Park" designation it would be possible to rezone and grant Special Use Permits for a variety of more intensive land uses than currently permitted in the "IND- 1"Zoning District,including: Bakeries, wholesale and retail; Bottling plants and breweries; Cleaning plants, including carpets and dyeing; Construction equipment, including sales, service, rental and storage; Dairy products processing; Manufacturing, processing and storage of both non-hazardous and hazardous materials; Packing houses, fruit or vegetable not including processing; and Recycling operations. It is staff's belief that the variety and intensity of the uses allowed in the Industrial Zoning Districts, which are designated for use under the "Business Park" land use designation, are not more intensive than those uses allowed in the Commercial Zoning Districts that are designated for use in the "Commercial/Retail" land use designation. To further support our position staff believes that if an applicat were to propose the redesignation of a property from the "Commercial/Retail" to the "Business Park" land use designation, that such an amendment could more easily be argued to be more intensive, given the possible allowed uses. L Town Council Memorandum • Town Council voting requirements for general plan amendments May 20, 1999 Page 3 of 3 2. Does the proposed amendment decrease the intensity of use on the property at the initiative of the governing body or zoning body? Due to the fact that the proposed amendment is at the request of the property owner, the answer to this question is No. 3. Does the amendment delete a requirement for the reservation or dedication of land for public purposes,except for minor boundary adjustments or street alignments? No. 4. Does the amendment establish a new, or delete a planned, freeway, expressway, parkway, or limited access arterial street shown on the general plan? The amendment proposes the extension of a minor collector, Technology Drive. The intent of Growing Smarter seems to be that if an amendment creates or deletes a major high volume roadway, then a "major amendment" occurs. Growing Smarter does not define "limited access arterial street." Staff believes that a low-volume minor collector road does not fit into the intent of the Growing Smarter language. Because a minor collector, such as Technology Drive, is a much smaller road classification that an arterial street, staff believes that the answer to this question is No. CONCLUSION: tilmv After careful review staff does not believe that the proposed"Target"general plan amendment constitutes a "major amendment" as defined in A.R.S § 9-461.06. (G), and therefore staff believes that only an affirmative vote of a simple majority of the Town Council is needed to approve the "Target" general plan amendment. Staff has included language in Section 1 of Resolution 1999-23 wherein if adopted, the Town Council would resolve that the proposed general plan amendment does not constitute a "major amendment"as defined under A.R.S. § 9-461.06(G). Feb 23 99 04: 19p William E. Farrell 16O21 661 -7454 p. 5 9-4B1.Q5 CITIES AND TOWNS CITIES AND TOWNS t Section 37-331 et eeq. F. Before adopting the • body shall hold at least on, • Historical and Statutory Notes . . be given in the time and Reviser's Notes • planning commission as sp. 1998 Note. Pursuant to authority of G. The adoption or red 141-1304.02,in subsection D,paragraph 4,aubdi- • r by rectlution of the legi vision (a) the spelling of"in lieu" was corrected. subsection D.The uloptioi be approved by affirmative • 9-461.06. Adoption and amendment of general p1anR expiration and reado of the municipality. The, lion P� the manner provided by A. The legislative body. For pui general plan and any amendment to snch plan shall be adopted or readopted in the + following manner provided in this article. B. The governing body shall: 1. A change of land uw (a) Increases the intens 1. Adopt written procedures to provide effect;ve{early and continuous public participation (b) Decreases the inter. in'the development and major.amendment of general plans from all geographic, ethnic and zoning body. economic areas of the municipality. •The procedu•es sliall provide for. . • (a) The broad dissemination of proposals and alternatives. ' 2. Deletion of a requir, • (b) The opportunity for written comments, except for minor boundary (c) Public hearings after effective notice. • Est of a limited access arterial etre (d)' Open discussions,communications prograrn.•and information services. ir If the municipality (e) Consideration of public comments. required for the adoption 2. Consult with and advise provided in this article for public officials Lind agencies, the.county, school..districts, associations of governments,public land management agencies,other,appropriate government I agencyI. A copy the co tt) jurisdictions,public utility companies,civic;educaiional.professional and other organizations, mayof adhe ppy wit) property owners and citizens generally to secure maximum coordination of plans and to thereof be adopted a indicate properly located sites for all public purpos4s on the general plan. J. A general plan,wilt. C: At least sixty days before the general'plan or a portion, element or amendment of a plan was initially adopted, general plan is adopted, the planning agency ah::ll transmit the proposal to the legislative this subsection and becorr. recent adoption body and submit a review copy for information puroses to: ,the lesser 1. The planning agency of the county in which the municipality for an additional term of c P tyis located. article. • 2. Each county or municipality that is contiguous to the corporate limits of the municipals. j K. The adoption or re. ty or its area of extraterritorial jurisdiction. 3. The regional planning agency within which tl e municipality is located. shall not be ,as b pal'y article iv, 1, 4. The department of commerce or any other st.ite agency that is subsequently designated Amended by Laws 1998,Ch. as the general planning agency for this state, t Section 19-141 et seq. 5. Any person or entity that requests in writini-to receive a review copy of the proposal. D. If the municipality has a planning commission, the planning commission shall hold at least one public hearing before approving a general plan or any amendment to. such plan. Laws 21,19 Ch.zoo,u Ea,i When the general plan or any major amendment ii being adopted, planning commissions in Sec 21; ere an. municipalities having populations over twenty-five thousand shall hold two or more public nictpal and county general; hearings at different locations within the municipality to promote citizen participation. "A. Each city and town Notice of the time and place of a hearing and availability of studies and summaries related provisions of title 9, chaphe' thereto shall he given at least fifteen and not mcce than thirty calendar days before the Revi•sed Statutes,and each ' hearing by to title 11, chapter 6, articl 1. Publication at least once in a newspaper Statutes,and whose general p per of general circulation published or circulated in or most recent readoption the municipality,or if there is none,the notice shall be posted in at least ten public places in 1 ment to the general or con the municipality. adopted • 2. Such other manner in.addition to publication as the municipality may deem necessary, "1. Before January t, 19 or desirable. dopC its general or comp E. Action by the planning commission on the general plan or any amendment to the plan 3ner 1,2001.. with this act o shall be transmitted to the legislative body of the municipality. 18 Feb 23 99 04: 19p William E. Farrell (6021 661 -7454 p. 6 • CITIES AND TOWNS §9-461.06 CITIES AND TOWNS F. Before adopting the general plan, or ::ny amendment to it, the municipal legislative • body shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection D. j G. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the legislative body of the municipality, after notice as provided for in subsection D. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the legislative body { of the municipality. The general plan, or an3 amendment to the plan, shall be endorsed in :xpiration and readop- the manner provided by the legislative body to show that it has been adopted by the legislative body. For purposes of this'subsr ction, "major amendment" means any of the lopted or readopted in the following: 1. A.change of land use designation on the nlan that: (a) Increases the intensity of use on the property. nuous public participation (b) Decreases the intensity of use on the prcperty at the initiative of the.governing body or ill geographic, ethnic and zoning body. r 2. Deletion of a requirement for the reservation or dedication of land far public purposes, except for minor boundary adjustments or street alignments. 3. Establishment of a new, or deletion of a planned, freeway, expressway, parkway or limited access arterial street shown on the'general plan. ervces. H. If the municipality does not have a pl:inning commission, the only procedural steps • required for the adoption of the general plan, or any amendment to such plan,shall be those provided in this article for action by the legislative body. county, school districts, I. A copy of the adopted general plan of a municipality shall be sent to the planning •appropriate government agency of the county within which the municipality is located, and such plan or any portion and other organizations, thereof may be adopted as a part of the county general plan. lination of plans and to )fan. J. A general plan,with any amendments,is effective for up to ten years from the date the Went of a plan was initially adopted, or until the plan is readopted or a new plan is adopted pursuant to n nt orl to the amendmentof legislative : this subsection and becomes effective. On or b�afore the tenth anniversary of the plan's most recent adoption,the legislative body of the municipality shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new general plan as provided by this located. article. limits of the municipali- K. The adoption or readoption of a general plan, and any amendment to a general plan, shall not be enacted as an emergency measure and is•subject to referendum as provided by ocatecl. article iv,part 1, 1 1,subsection(8),constitution of Arizona,and title 19,chapter 1,article 4.' Amended by Laws 1998,Ch.204,§ 3. subsequently designated 'Section 19-141 et seq. ew copy of the proposal. Historical and Statutory Notes :ommission shall hold at t Laws 1998,Ch.204,9 21,provides: "2. On or after January 1,1989 shaU amend the • nendment to such plan. I GSM,21: Readoption and amendment of mu- act to include all the elements required by this planning commissions in nicipal and county general plans act on or before December eh 2001.naive . old two or more public "B. General and comprehensive plans that are :e citizen participation. "A. Each city and town that is subject to the in effect on the effective date of this act remain in and summaries related provisions of title 9, chapter 4, article 6, Arizona effect, subject to any replacement,amendment or lender days before the • Revised Statutes,and each county that is subject • readoption under subsection A. to title 11, chapter 6, article 2, Arizona Revised "C. Notwithstanding § 9-461.06, subsection E Statutes,and whose general or comprehensive plan and 1 11-824,subsection C,Arizona Revised Stat- ublished or circulated in or most recent readoption or rewrite or amend- utes,as amended by this act, the requirement for 'awl public places in ment to the general or comprehensive plan was adopting major amendments to a municipal gener- adopted: al plan or a .county comprehensive plan on the affirmative vote of at least two-thirds of the mem- :y may deem necessary "1. Before January 1, I989 shall adopt or rea- bers of the governing body is required only after dopt its general or comprehensive plan in a man- plans are adopted,.readopted or amended to com- ner consistent with this act on or before December ply with this act as provided by subsection A of amendment to the plan 31,2001, , this section." 19 May 19, 1999 Planning & Zoning Department Town Hall Council Chambers Dear People: I deeply regret that my husband, mother-in-law and I will be unable to be at the May 13 meeting. It is hard for me to believe that you will be going through with the plans to rezone the Target site. It would appear from the letters and the last two meetings that at least one-half of the town is opposed to this location. It seems that the Mayor and Council should reflect the will of the people and that a referendum should be held. While I don ' t know the procedure, it would seem that this should be done before your action. If the Target proposal was defeated, your action could not or would not be undone. As for your reasoning, there is an old expression "Figures don ' t lie, but liars figure. A graduation in Mesa will prevent us from attending but as my husband said to me at one of the meeting that we attended, "Why are we here, it is clear that they have already made up their minds. " Sincerel , <5;;;Z--- - J & C Ringer K. Reeves11lI TOWN OF FOUNTAIN HILLS RESOLUTION 1999-23 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE FOUNTAIN HILLS GENERAL PLAN BY REDESIGNATING A 39.0± ACRE PARCEL OF LAND GENERALLY LOCATED SOUTH OF SHEA BOULEVARD, NORTHWEST OF SAGUARO BOULEVARD, NORTH OF LASER DRIVE AND EAST OF THE FIREROCK COUNTRY CLUB AREA FROM THE 'BUSINESS PARK" (BP) TO THE "GENERAL COMMERCIAL/RETAIL" (C/R) LAND USE DESIGNATION. WHEREAS, The Town of Fountain Hills is located in Maricopa County, Arizona; and WHEREAS, Title 9, Section 461.05 of the Arizona Revised Statutes requires the town to prepare and adopt a comprehensive, long-range general plan containing a land use element and a circulation element for the development of the town; and WHEREAS, The Town of Fountain Hills has prepared a General Plan which contains a land use element, a circulation element, a parks, recreation, and open space element, and an economic development element; and WHEREAS, Both the Town of Fountain Hills Planning and Zoning Commission and the Fountain Hills Town Council have conducted public hearings in accordance with the procedures detailed in Title 9, Section 461.06 of the Arizona Revised Statutes; and WHEREAS, The Town of Fountain Hills solicited review comments from Maricopa County, Salt River Pima Maricopa Indian Community, Fort McDowell Indian Reservation, City of Scottsdale, Maricopa Association of Governments, the Arizona Department of Commerce and the Arizona State Land Department from January 22, 1999 to March 3, 1999; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,Arizona, as follows: Resolution 1999-23 Page 1 of 2 PASS/F IL S N n-N t_r SECOND? _2 Sho COUNT Ps, ii„-k.h�aoi, mc� v1a.1 SECTION 1: That the Future Land Use Plan Map of The Fountain Hills General Plan is hereby amended, as shown on Attachment"A", by redesignating a 39.0±acre parcel of land generally located south of Shea Boulevard, northwest of Saguaro Boulevard, north of laser Drive and west of the Firerock Country Club area from the "Business Park" to the"General Commercial/Retail" (C/R)land use designation. SECTION 2: That this amendment of the Future Land Use Plan Map of The Fountain Hills General Plan does not constitute a "major amendment" as defined in A.R.S. § 9- 461.06(G) because this amendment does not: increase the intensity of use on the property, delete the requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments or street alignments; establish a new or delete a planned freeway, expressway, parkway or limited access arterial street shown on the Fountain Hills General Plan. PASSED AND ADOPTED this 20th day of May, 1999 by the Mayor and Common Council of the Town of Fountain Hills,Arizona. FOR THE TOWN OF FOUNTAIN HILLS: A F1'ESTED: „ OV ' CA/144A— ris )4".//1/4"--"‘ - Sharon Morgan, Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: • 9/j/22%etet4,2 Paul L. ordin,Town Manager William E. Farrell,Town Attorney ,,. Resolution 1999-23 Page 2 of 2 v ��, 1. FOUNTAIN HILLS GENERAL PLAN e l b FUTURE LAND USE PLAN MAP (PROPOSED AMENDMENT) BUSINESS PARK (BP) TO GENERAL COMMERCIAL/RETAIL (C/R) - (39.0# Ac.) • •• NEW COLLECTOR ROAD r , r4 #4c I \\ is , \y' �� 7'�� r �10 ok Nikaivitt`i' •-ice 1.J i-4Ila ? 1414,‘1111111171110 1\1W wi I MN fr. '* gm Fit e __,,,, r, "0. kii4. / 0...,/ .: k! 4., i a #. ' *OA/ i 4*x stiftrao I.* 44p V w# I ik - • Ifirli *w !MJ4 .1 fift Cw**..i :.: L. 1# fr. Cte --irin: a 1 vt, FIREROCK NORTH I,/ ;9/44 J ��..� 1� v A/ #. .. 'ko ---- Mt,, VATiilit 1 Earn ° 'N'ti..Att *so , 'c' ''A.tir 4 i e"4" Oh 4411::1/4/ ig$ I y. � . - , >A • 1,• 4 ...... „,,,, 4 . , • . : MI �, 1; III►� I •/L. SRP sL , i ♦ 444 ! � , i, _ _ ______L_ _ _ _ SALT RIVER PIMA MARICOPA INDIAN RESERVATION ,p,`l 0 Attachment "A" efrN NORTH SCALE: 1"=800' May 19, 1999 When recorded return to: Town of Fountain Hills 16836 E. Palisades Blvd. Building C Box 17958 Fountain Hills,AZ 85269 Attn: Town Clerk EAGLES NEST/EAGLE RIDGE NORTH DEVELOPMENT AGREEMENT THIS EAGLES NEST/EAGLE RIDGE NORTH DEVELOPMENT AGREEMENT (the "Agreement"),dated as of the date set forth below, is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and MCO Properties L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona(the"Owner") with reference to the following. A. The Owner is the owner of that real property located in Maricopa County, Arizona consisting of approximately 753.29 acres, as described on Schedule "1" of Exhibit "A" attached hereto ("Eagles Nest") and that real property located in Maricopa County,Arizona consisting of approximately 537.47 acres, as described on Schedule "2" of Exhibit "A" attached hereto ("Eagle Ridge North"). B. Eagles Nest and Eagle Ridge North,consisting of a total of approximately 1290.76 acres, are collectively referred to herein as the "Property." C. The Owner and the Town cooperated in the preparation of the Eagles Nest/Eagle Ridge North Development Plan regarding the Property, approved by the Town Council on , 1999 and attached hereto as Schedule 1 of Exhibit"B" (the"Development Plan"),by Resolution#1999-_, attached hereto as Schedule 2 of Exhibit "B". The Owner and the Town desire that the Property be developed in accordance with the General Plan for the Town (the "General Plan"), the Development Plan, and the Zoning (as defined below). The parties hereto acknowledge that the development of the Property pursuant to this Agreement is consistent with the General Plan and operates to the benefit of the Town, the Owner and the general public. D. The Development Plan establishes, among other things,the location of the Property, land use density,general configurations of lots,parcels, roads and open space areas, and provides for, among other things, the development of housing and open space uses. E. The Official Zoning Districts Map of the Zoning Ordinance for the Town provides that the Property is zoned R1-43 (the "Zoning"). F. The Owner and the Town acknowledge that development of the Property is a project of such magnitude that the Owner reasonably requires assurances from the Town of the Owner's right to complete the development of the Property pursuant to the Development Plan and the terms and conditions C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11 PM of this Agreement, before it will expend additional efforts and costs in the development of the Property, and the Town requires assurances from the Owner that when it develops the Property, it will do so in accordance with the Development Plan and the terms and conditions of this Agreement. Furthermore, the Town,in order to encourage the development of the Property in this manner,desires to cooperate with the Owner to expedite the approval and granting of building permits, grading permits, site plans, preliminary and final subdivision plats and other development approvals for the Property in accordance with this Agreement (but any such expediting shall be accomplished only in accordance with all municipal and statutory notice requirements). G. The Owner and the Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 in order to facilitate the development of the Property by providing for, among other things, permitted uses for the Property, and density and intensity of such uses, and any other matters related to the development of the Property. H. The Town and the Owner acknowledge that the development of the Property pursuant to this Agreement will result in significant planning and economic benefits to the Town and its residents by (i)enlarging the tax base and increasing property tax and sales tax collections and other revenues to the Town based on improvements to be constructed on the Property, (ii) creating employment through construction activity on the Property, and (iii)providing open space thereon. I. The Town desires to acquire real property which the Owner intended to be a part of the Eagle's Nest and Eagle Ridge North subdivisions, adjoining other real property within Fountain Hills that the Town currently owns. J. Accordingly, the Owner and Town now desire that, in order to satisfy the Town's goals of preserving and maintaining McDowell Mountain property in conjunction with the parties'interest in development of the Property pursuant to the Development Plan, (i) Owner sell, transfer and convey to the Town (the "Sale") that real property in Fountain Hills, Arizona as more particularly described in Exhibit "C" attached hereto(the "Preserve Property"), and(ii)Owner grant the Town an option of acquire (the "Option") that real property within Eagle Ridge North as more particularly described in Exhibit"D" attached hereto (the "Option Property"),in accordance with the terms and conditions of this Agreement. K. Owner and Town also desire that in the event the Sale is not concluded,that Owner shall be entitled to develop Eagle's Nest and Eagle Ridge North in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, in consideration of the foregoing and the mutual promises and agreements set forth herein, the parties agree as follows: 1. Zoning and Development Rights. a. Zoning Status. (i) All Zoning with respect to the Property is deemed to be "vested" from the effective date hereof and shall continue for the period of time provided below. "Vesting," "vested" or "vest" as used in this Agreement shall mean that the Town shall not, without the Owner's consent, a) change the Zoning to a more restrictive zoning district or zoning classification, or b) reduce the C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01.11 PM -2- development rights within a zoning classification in a manner which would apply to the Property. Any such action shall be a breach of this Agreement by the Town. (ii) The Zoning shall be and remain vested a) as to Eagles Nest or Eagle Ridge North (individually, an "Area," collectively "Areas"), on which substantial expenditures have been incurred, which expenditures may solely include planning and engineering costs, and for which a governmental permit for development has been granted ("Initial Development"); and b) in any event for all of the Property for not less than ten (10)years from the effective date hereof(the "Initial Vesting Period"). (iii) Following the expiration of the Initial Vesting Period, the Zoning shall remain in place as to those Areas within which the relevant Initial Development has not occurred,but the status of the vesting of the Zoning as to those Areas shall be determined by the statutes and judicial decisions then applicable to Owner's right to develop such Areas in accordance with the Zoning. Areas for which Initial Development was timely commenced shall continue to be vested as provided above. b. Development Plan. (i) The Town has previously approved the Development Plan in all respects. Except as provided in paragraph 1(d)below, when the Property is developed it shall be developed in substantial accordance with the Development Plan, as the Development Plan may be jointly amended by the Owner and the Town from time to time, or otherwise amended as provided herein. (ii) The Owner may develop the Property as set forth in the Development Plan. In connection therewith the Town shall grant all approvals necessary to permit the Owner to implement the Development Plan and develop the Property subject to the Town's timely review and approval of site plans and specifications as more particularly provided in Sections 3(b) and 5(d) herein, as applicable. (iii) The Town shall timely process, in accordance with all applicable notice requirements, and as more particularly provided in Sections 3(b) and 5(d) herein, as applicable, such permits,plans, specifications, plats, plan amendments and/or rezonings of or for all or a portion of the Property which are reasonably consistent with this Agreement, and/or amendments thereof as described herein, as applicable. c. Density. (i) The parties acknowledge that Owner, and its successors and assigns,have agreed to develop no more than 340 residential units on the Property,which the parties acknowledge is a material decrease from a maximum of 1290 units previously contemplated by the Zoning and the Town's General Plan. (ii) The Development Plan presently indicates the residential unit counts within each Area. So long as the maximum number of units for the Property is not exceeded, and Owner does not Lir request the transfer of densities pursuant to subparagraph (iii)below, Owner may, as of right: C:\WINDOWS\TEMP\M NTND V A4.W PD 05/20/99.01:11 PM -3- a) develop any Area with the number of units permitted by such unit counts; and b) also develop any Area with fewer units than permitted by such unit counts. Except for customary ministerial approvals of applications by Developer for subdivision plats and other permits, no approval of the Town or its departments or officials shall be required in connection with Owner's exercise of its right to vary unit counts as set forth in this subparagraph (ii). (iii) In addition to such amendments to this Agreement and the Development Plan as elsewhere provided herein: a) So long as the total number of single family lots for the entire Property does not exceed 340, the configuration of lots within the Areas is approved by the Town, which approval shall not be unreasonably withheld, and the Area remains in conformity with the Zoning, then the Owner may increase the maximum number of units within an Area by up to ten percent(10%), and may decrease the maximum number of units in the other Area by an equal amount. The foregoing amendment shall be effective upon the approval of the Town Representative (as defined below), or in the event of his/her disapproval,upon the approval of the Town Planning and Zoning Commission, or in the event of its disapproval,upon the approval of the Town Council; and b) So long as the maximum number of units permitted for the entire Property hereunder is not exceeded, and the configuration of lots within the Areas is approved by the Town, which approval shall not be unreasonably withheld, the Owner may apply to the Town for any greater transfer of units within the Property from a part or parts of the Property to another part or parts of the Property. The Town Representative, Planning and Zoning Commission, and Town Council, as applicable, shall timely consider such applications, as more particularly provided in Sections 3(b) and 5(d) herein, as applicable. d. Other Amendments. [(i) The Town and the Owner acknowledge that as subdivision plats for each area are prepared and submitted to the Town by Developer, other amendments to the Development Plan may be necessary from time to time, to conform it with such subdivision plats. Except as otherwise provided herein, the parties shall make minor changes or adjustments to the Development Plan through administrative amendments approved by the Town Representative. Any such changes or adjustments shall, after execution, be attached to the Development Plan as an addendum and become a part hereof, and may be further changed and amended from time to time as necessary, with the approval of the Town and the Owner. Unless otherwise required by law, no such minor changes or adjustments shall require prior notice or hearing.] (ii) All major changes or amendments to the Development Plan, or subdivision plats contemplated thereby, and zoning amendments, if any, shall be reviewed by the Planning and Zoning Commission and approved by the Town Council. The following are major changes or amendments: C:\WINDOWS\TEMP\MNTNDVA4.WPD 05/20/99.01.11PM -4- L. a) Substantial changes to the permitted uses of the Property,from those uses permitted by the Development Plan or Zoning; and b) An increase in the density or intensity of use or number of dwelling units, except for density transfers as provided in Paragraph 1(c). (iii) The parties shall cooperate to timely process any minor or major amendments to the Development Plan, zoning amendments, and any amendments to subdivision plats, as more particularly provided in Sections 3(b) and 5(d)herein, as applicable. The Owner and the Town agree that any such amendments shall be incorporated by this reference into this Agreement with the same force and effect as if set forth herein and shall not require corresponding amendment to this Agreement. e. Subdivision Ordinance Section 305 Approval: Cul-de-sac Streets. (i) The parties acknowledge that The Subdivision Ordinance of the Town of Fountain Hills(the"Subdivision Ordinance") Section 305(A)(3)(b)provides for the maximum length of cul-de-sac streets built to local and hillside-local road standards and the number of lots served by such cul-de-sac streets (collectively the "Cul-de-sac Standards"). (ii) The parties acknowledge that development of the Property, as approved by the Town, allows cul-de-sac streets to be developed with unit counts that exceed the Cul-de-sac Standards. (iii) The Town agrees that the Cul-de-sac Standards are accordingly waived with respect to the development of the cul-de-sac streets generally configured, and developed with the respective number of units, as provided in the Development Plan. f. Subdivision Ordinance Section 305 Approval: Road Standards. (i) The parties acknowledge that Subdivision Ordinance Section 305 Table 1, and Exhibits 4 through 6, set forth certain road standards (collectively, the "Table 1 Road Standards"). (ii) The Development Plan approved by the Town incorporates a)road standards set forth in Sections VI and VII of that certain Traffic Impact Analysis Addendum Eagle's Nest,prepared by Kimley-Horn and Associates,Inc.,dated March 1999, and on the Development Plan, to be applicable to the development of Eagle's Nest, and b) road standards set forth in Sections VI and VII of that certain Traffic Impact Analysis Eagle Ridge North, prepared by Kimley-Horn and Associates,Inc., dated March 1999, and on the Development Plan, to be applicable to the development of Eagle Ridge North (collectively, the "Development Plan Road Standards"). (iii) The parties agree that the Development Plan Road Standards shall be applicable to the development of the Property, and the Town agrees that the Table 1 Road Standards are accordingly waived with respect to the development of the Property. g. Subdivision Ordinance Section 503 (D) Approval. Pursuant to Section 503 (D) of the Subdivision Ordinance,the Town Council hereby approves all cut and fill waivers necessary to construct the streets and roads serving the Property and fully develop the lots in the Property, as such cuts and fills C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11PM -5- are(i) shown by the Development Plan or(ii) approved by the Town Engineer, which approval shall not be unreasonably withheld, h. Disturbance Allowance Procedures and Subdivision Ordinance Sections 504(A),(G) and (H)Approval. (i) The parties acknowledge that Subdivision Ordinance Section 504 sets forth provisions allowing hillside disturbance within subdivisions. (ii) The Town hereby approves development of the Property with an average lot disturbance of 25,000 square feet per lot, or a total of 195.13 acres (the "Disturbance Allowance"). (iii) The parties hereby adopt the following procedures (the "Disturbance Allowance Procedures") to implement the Disturbance Allowance permitted for the Property: a) The Disturbance Allowance shall be allocated by Owner among the lots within the Property, in order to allow development of the Property with the density and intensity permitted by the Development Plan. b) The total area of Disturbance Allowance for each lot shall be calculated by Owner. The Town Representative shall have the right to approve such calculations, which approval shall be reasonably provided as more particularly set forth in Sections 3(b) and 5(d) herein as applicable. c) Prior to approval of each Preliminary Plat within the Property, Owner shall provide to the Town its calculations to show that the applicable Preliminary Plat conforms with the allocations of Disturbance Allowance pursuant to Section 1(i)(iii)(a) of this Agreement. The calculated Disturbance Allowance for each lot shall be set forth on the applicable final plat. In the event the total Disturbance Allowance within the final plat is less than the allocated Disturbance Allowance pursuant to Section 1(i)(iii)(a) and (b), the unused Disturbance Allowance may be allocated by Owner among other real property owned by Owner. Owner shall have the same rights with respect to such reallocated Disturbance Allowance as with any other Disturbance Allowance. d) The Disturbance Allowance within a lot may be located within any reasonable area of the lot, as established by the site plan approved by the Town in connection with the building permit issuance. e) Notwithstanding the provisions of Section 1(i) hereof, the Disturbance Allowance for those twenty four(24) lots within Eagles Nest as set forth on Exhibit "E" hereof(the "HPE Lots") shall established as follows. A preliminary disturbance envelope of 50,000 square feet for each HPE lot shall be shown on the Eagles Nest final plat, and the balance of each HPE lot, which is not exempt from the provisions of Subdivision Ordinance Section 504, shall be encumbered with an easement(the "Hillside Protection Easement"). The terms of each Hillside Protection Easement shall be in the form set forth on Exhibit"F" hereof. Any development within an HPE lot shall total the allocated Disturbance Allowance for such lot, and be located outside of the area encumbered by the Hillside Protection Easement. The property owner of each HPE Lot shall, concurrently with the issuance of the building permit for such lot, record an additional C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -6- Hillside Protection Easement, covering all portions of such HPE Lot where development permitted by the Disturbance Allowance is not located, and which are not exempt from the provisions of Subdivision Ordinance Section 504. f) In the event the actual Disturbance Allowance within a plat, established by the site plan approved by the Town in connection with building permit issuance, is less than the calculated Disturbance Allowance for such plat set forth on the applicable final plat, the unused Disturbance Allowance may be allocated by Owner among other real property owned by Owner. Owner shall have the same rights with respect to such reallocated Disturbance Allowance as with any other Disturbance Allowance. g) The parties acknowledge that any additional disturbance area required to accomplish the following shall not be deducted from the Disturbance Allowance for the Property: i) "rounding" the points where cut slopes meet natural grade to blend with undisturbed terrain and avoid a "sharp edge" appearance; ii) revegetation of disturbed areas within a lot with reasonably similar intensity and type plant material as growing within the adjacent undisturbed areas; and iii) maintenance of a lot, i.e. the removal of dead or diseased plant material, removal of combustible grasses, and/or addition of drought tolerant plantings within the front yard or side street yard. h) The Town agrees that the provisions of Subdivision Ordinance Section 504 are waived with respect to the development of the Property pursuant to the Disturbance Allowance Procedures. Ihrwi. Subdivision Ordinance Section 504(E)Approval. (i) The parties acknowledge that a) Section 504(E) of the Subdivision Ordinance provides for fencing(as set forth in Subdivision Ordinance Section 504(E)(1)),or disturbance buffers(as set forth in Subdivision Ordinance Section 504(E)(2)), in order to protect "an area at least equal to the hillside protection requirements of the lot,parcel or tract," and b) Subdivision Ordinance Section 504(B) provides that "[d]isturbance within street rights-of-way...shall be exempted from the horizontal hillside disturbance limitations of this ordinance." (ii) The Town agrees that accordingly, Section 504(E) is not applicable to development of the street rights-of-way on the Property. (iii) The Town hereby acknowledges that the street rights-of-way disturbance in connection with development of the Property is exempt from the disturbance buffers and fencing provisions of Subdivision Ordinance Section 504(E) and accordingly in compliance with said section. j. Town Regulation of Development. The rules,regulations, fees, and official policies of the Town applicable to and governing the development of the Property shall be those rules,regulations, and official policies which are existing and in force for the Town as of the date of the recording of this Agreement. The Town shall not impose or enact any additional conditions,zoning exactions,dedications, rules,regulations,or official policies applicable to or governing the development of the Property except for the following: L C:\WINDOWS\TEM P\M NTND V A4.W PD 05/20/99.01.11 PM -7- (i) future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Zoning and the Development Plan, that are consistent with the vesting of the Zoning as provided in Paragraph 1(a) and that do not: a) decrease the development potential of the Property; b) require any additional infrastructure improvements or dedications in connection with the development of the Property, except as agreed to by the parties pursuant to amendment of the Development Plan; c) limit or adversely affect the rate, timing or sequencing of development of the Property;or d)limit or adversely affect the uses,number and density of dwelling units or intensity of development; (ii) future land use rules, regulations and official policies of the Town enacted as necessary to comply with state and federal laws and regulations,provided that in the event any such state or federal laws or regulations prevent or preclude compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary in order to comply with such state and federal laws and regulations; and (iii) future imposition of taxes or filing or review fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or charged by the Town to all persons and entities similarly situated as determined by the Town in its reasonable discretion. To the extent that any new or amended rules,regulations,or official policies of the Town not specifically enumerated in subparagraphs (i), (ii) and (iii) above conflict with the Development Plan, then the Development Plan and the Zoning shall control. ik. No Moratorium. The parties hereby acknowledge and agree that the Development Plan �r contemplates and provides for the phasing of the development of the Property and no Town moratorium, ordinance,resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of the Property or any portion thereof shall apply to or govern the development of the Property during the term hereof, whether affecting parcel or subdivision maps,building permits,grading or grading permits,occupancy permits or other entitlements to use issued or granted by the Town,except as otherwise provided in Paragraph 1(j) or as permitted pursuant to A.R.S. § 9-463.06 in effect as of the date hereof. The Town and the Owner recognize and agree that if any action by the Town causes conflict between the provisions of this paragraph 1(k) and paragraph 1(j)(ii), the provisions of paragraph 1(j)(ii) shall control and apply to resolve conflicts. Except as provided above, the Owner shall continue to be entitled to apply for and receive approvals for the implementation of the Zoning and the Development Plan, which shall be reasonably and timely granted to Owner in accordance with the rules, regulations and official policies applicable to and governing the development of the Property existing and in force upon the execution of this Agreement and as more particularly provided in Sections 3(b) and 5(d)herein, as applicable. 1. Municipal Services. The Owner acknowledges that the Town, at the effective date of this Agreement, provides no municipal utility services and the Town has no control over the providing of utility services by other entities and makes no representations with respect to the availability of such utility services. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal utility services in the future, the Town (i) shall make such services available to the Property on the same terms of availability as are applicable to other real property served by the Town, (ii) shall continue to provide such services as reasonably required in connection with development and use of the Property, and (iii) shall not adopt policies and procedures with respect to the provision of such services which would delay development of the Property. C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01.11PM -8- m. No Development Obligation. Nothing contained herein or in the Development Plan shall be deemed to obligate the Owner to commence construction on or complete any part or all of the development of the Property;provided,however, any development that is undertaken by Owner shall be performed in accordance with this Agreement and the Development Plan, as the Development Plan may be amended from time to time. 2. Additional Agreements. a. Property Owners Associations. Prior to sales of lots within an Area, Owner shall create a property owners association for such Area to: (i)Impose architectural and landscaping controls on such Area, pursuant to reasonable design guidelines prepared by Owner and in conformity with Town ordinances with respect to matters applicable to such design guidelines; and(ii)maintain landscaping and monumentation within areas along roadways,or entrance areas, as set forth in the final plat for such Area. The Developer and/or such applicable property owners association, and the Town, shall enter into such agreement as is reasonably necessary to provide for such maintenance,on terms acceptable to the parties. b. Eagle's Nest Administrative Proceedings. The Town agrees that in connection with the Town's approval of the final plat for Eagle's Nest, the Town Council shall complete proceedings pursuant to Subdivision Ordinance Section 208 and the Town shall take such other actions as otherwise may be reasonably required for the following: (i) abandonment of the non-vehicular access easement at the intersection of Mountain Parkway and SunRidge Drive; and (ii) abandonment of such portions of Plat 507E as are located within Eagle's Nest, west of Plat 514. c. Eagle Ridge North Administrative Proceedings. The Town agrees that immediately following the Town's approval of the final plat for Eagle Ridge North, the Town Council shall complete proceedings pursuant to Subdivision Ordinance Section 208 and the Town shall take such other actions as otherwise may be reasonably required for the following: (i) abandonment of the public rights-of-way within such Area; and(ii) administrative approval to gate such Area. d. Purchase of Preserve Property and Option to Purchase Option Property. Pursuant to Resolution 1999-_,upon the date hereof the Town and Owner have entered into that certain Purchase Agreement, whereby Owner agrees to sell and the Town agrees to purchase the Preserve Property (the "Purchase Agreement"). Pursuant to the Purchase Agreement,the sales price for the Preserve Property shall be $6,000,000. From the date hereof through the earliest of (i) close of escrow for sale of the Preserve Property pursuant to the Purchase Agreement or(ii)termination of the Purchase Agreement,the Town shall forebear from commencing, pursuing or completing condemnation or similar proceedings with respect to the Property or any portion thereof. Town and Owner acknowledge that the Purchase Agreement provides that the Town shall have an option to acquire the Option Property,for no additional cash consideration, on the terms provided in the Purchase Agreement. In the event the Town declines to exercise its option to acquire the Option Property, Owner shall within thirty (30) days thereafter dedicate the Option Property to one or more of the property owners association described in Section 2(a) hereof. The conveyance of the Option Property to the Town, for no additional cash consideration, or such property owners associations, shall in any event include provisions prohibiting development of any dwelling structures,trail system or other improvements,excepting roads,bridges or utilities, within such Option Property. L C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:I 1 PM -9- e. Trail Head and Trailway System. Following the date hereof, Town and Owner shall cooperate in good faith with respect to the following: (i) identification by the Town of a site for trail head,within McDowell Mountain Regional Park(the "Trail Head Site"),provided that the Trail Head Site identified by the Town, or as later developed, shall not be closer than five hundred (500) feet from the boundaries of any lot within the Property; (ii)identification by the Town of a north-south trailway system, within McDowell Mountain Regional Park, the Preserve Property and other real property owned by the Town (the "Trailway"); and (iii) identification by Owner of access from Mountain Parkway to the Trail Head Site, upon its development (the "Access Corridor"). The configuration and development of the Trailway shall not negatively impact or otherwise unreasonably affect the Property, or lots located thereon. The parties anticipate that a portion of the Access Corridor shall be located on the Property. In the event the configuration of the Access Corridor is reasonably acceptable to the parties, following closing of the sale of the Preserve Property, and development of the Trail Head,Owner shall dedicate to the Town that portion of the Access Corridor within the remaining Property owned by Owner, on terms reasonably acceptable to the parties, provided however such transfer shall include a restriction of any development of the Access Corridor aside from improvements suitable for access to the Trail Head. f. Alternative Provisions. The Town and Owner agree that the consummation of the transactions provided for in the Purchase Agreement are contingent upon the Town obtaining acceptable financing to pay the purchase price, and its approval of the condition of title to the Preserve Property. In the event that the purchase and sale of the Preserve Property(and,if applicable,the Option Property) does not occur on or before August 30, 1999, as a result of the Town's breach of the Purchase Agreement, or the Town's termination of the Purchase Agreement in connection with the contingencies described above, the following provisions shall take effect: ikaw (i) Owner shall not be obligated to develop the Property pursuant to the Development Plan. (ii) Owner may withdraw its then pending preliminary plat applications for each Area and thereupon substitute preliminary plat applications for(i) Eagle's Nest, as configured as of the date hereof in that certain preliminary plat application, Case number S98-030 made by Owner to the Town, and(ii)Eagle Ridge North, as configured as of the date hereof in that certain preliminary plat application, Case number S98-031 made by Owner to the Town (collectively, the "Current Preliminary Plats"). In such event, the Town shall continue processing the Current Preliminary Plats from the condition of review in effect as of the date hereof. (iii) Notwithstanding the foregoing, in such event Sections 1(a), 1(b)(iii), 1(e)(iii), l(f)-(m), 2 (b), 2(c), 3, 4 and 5 hereof shall nevertheless remain applicable to the development of the Property. 3. Cooperation and Alternative Dispute Resolution. a. Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either the Owner or the Town, the Town and the Owner shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and the Owner, except as otherwise provided in this Agreement or by law. The initial representative for the Town (the "Town Representative") shall be the Town Manager or his designee, and the initial representative for the Owner shall be its Vice President Hank Lickman, or other party, as identified by the Owner from time to time. The representatives shall be available at all C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -10- reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Development Plan. The representatives may recommend amendments to the Development Plan or this Agreement which may be agreed upon by the parties, and as required hereunder, such amendments may ratified after public notice and hearing by the Town Council. b. Expedited Town Decisions. The implementation of the Development Plan shall be in accordance with the development review process of the Town. The Town and the Owner agree that the Owner must be able to proceed rapidly with the development of the Property and that, accordingly, an expedited Town review process is necessary. Accordingly, if at any time the Owner believes that an impasse or delay has been reached with the Town staff on any issue affecting the Property, the Owner shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse or delay has been reached is an issue where a final decision can be reached by the Town staff,the Town Representative shall give the Owner a final decision within five(5)days after Owner's request for an expedited decision. If the issue on which an impasse or delay has been reached is one where a final decision requires action by the Town Council, the Town Representative shall use its best efforts to schedule a Town Council hearing on the issue within four(4) weeks after Owner's request for an expedited decision;provided, however, that if the issue first requires review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission within four(4)weeks after Owner's request,for an expedited decision. The Town Planning and Zoning Commission shall act on such matter within four(4) weeks after such submittal. Following action by the Town Planning and Zoning Commission,the matter shall be submitted to the Town Council for timely action. The Town Council shall act on such matter within four (4) weeks after such submittal. Both parties agree to continue to use timely efforts to resolve any impasse or delay pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. c. Default. Upon a failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement, the other party may give written notice of default specifying the nature of the failure or delay and the manner in which it may be satisfactorily cured, if possible. In the event such failure or delay is not cured within thirty (30) days after such notice, the party receiving such notice shall be in default hereunder, and the nondefaulting party shall have all rights and remedies which may be available at law or in equity against the party in default hereunder. 4. Notices and Filings. a. Manner of Delivery. All notices,filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by telephonic facsimile or registered or certified United States Mail,postage prepaid, if to: The Town, the Town Council, and the Town Clerk: Town Clerk Town of Fountain Hills 16836 East Palisades Blvd. Building C P. O. Box 17958 C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -1 1- Fountain Hills, AZ 85269-7958 Fax No. (602) 837-3145 with a copy to: Law Offices of William E. Farrell 10135 E. Via Linda, Suite 220 Scottsdale, AZ 85258 Fax No. (602) 661-7454The Owner: MCO Properties Limited Partnership 16838 E. Palisades Blvd. P. O. Box 17795 Fountain Hills, AZ 85269 Attn: Hank Lickman Fax No. (602) 837-1677 with a copy to: MCO Properties L.P. 5847 San Felipe Suite 2600 Houston, TX 77057 Attn: Vice President/Managing Counsel Fax No. (713) 267-3702 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. b. Mailing or Facsimile Effective. Notices,filings,consents,approvals and communications given by mail or facsimile shall be deemed delivered twenty-four(24)hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, or confirmation of facsimile delivery to the telephone number set forth above. 5. General Provisions. a. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. b. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. c. Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. d. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing,the Town shall timely cooperate and process promptly any requests and applications for plat or permit approvals or revisions, and other C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11 PM -12- necessary approvals relating to the development of the Property by the Owner and its successors and assigns, or otherwise required hereunder. e. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto,except as provided with respect to any End User Lot(as defined below)in Paragraph 5(h)hereof. Notwithstanding the foregoing,the Owner's rights and obligations hereunder may only be assigned by a written instrument,recorded in the Official Records of Maricopa County, expressly assigning such rights and obligations. In the event of a complete assignment by Owner of all rights and obligations of Owner hereunder, Owner's liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by Owner's assignee. Except in connection with sale of an End User Lot, Owner shall notify Town of assignment of any or all of its rights and obligations hereunder; provided, however, that all assignments, including those in connection with paragraph 5(h), shall be effective without the consent of the Town. f. Term. The term of this Agreement shall commence on the Effective Date and except as provided below shall automatically terminate on the tenth (10th) anniversary of such date: provided, however, that during the one (1) year period prior to the automatic termination of this Agreement, the parties shall meet and confer as often as either may reasonably request to determine if, and upon what terms, this Agreement shall be extended. If the parties are able to agree upon an extension, an extension agreement between the parties shall be executed and recorded. If the parties are unable to agree upon such an extension, either party may record a notice of termination of this Agreement to be effective on the tenth(10th) anniversary of the date of execution by both parties. Notwithstanding such termination, the provisions of Paragraph 1(a) shall survive the termination. g. Covenants Running with the Land. This Agreement is made as part of a common plan for the development of the Property and constitutes a"Development Agreement" as defined in A.R.S. §9- 500.05, and all rights and obligations hereunder shall be considered to run with the land and benefit and burden all owners of all or any portion of the Property, including all owners who acquire title to any portion of the Property subsequent to the execution and recording of this Agreement,except as otherwise provided in Paragraph 5(h). h. Partial Termination Upon Sale to Public. The Town and the Owner hereby acknowledge and agree that, except as provided herein with respect to the Disturbance Allowance Procedures, this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property as to End User Lots. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property,this Agreement shall terminate,except as provided herein with respect to the Disturbance Allowance Procedures, without the execution or recordation of any further document or instrument as to any lot(an "End User Lot") which has been finally subdivided and individually sold or leased (for a period of longer than one year) or sold to the end purchaser or user thereof. Upon such sale or long term lease, such End User Lot shall be released from, and no longer be subject to or burdened by, any obligations under of this Agreement other than those provided herein with respect to the Disturbance Allowance Procedures. Notwithstanding the foregoing, the benefits of this Agreement shall continue to run as to any such End User Lot until a building and other improvements are constructed on such End User Lot, or until the termination of this Agreement,if earlier, at which time this Agreement shall entirely terminate as to such End User Lot. ‘Iihryi. No Partnership: Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall,create any partnership,joint venture or other arrangement between the C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11PM -13- Owner and the Town. No term or provision of this Agreement is intended to or shall be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm organization or corporation shall have any right or cause of action hereunder. j0 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements,representations and understandings of the parties, oral or written, are hereby superseded and merged herein. k0 Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the parties hereto. Except as otherwise provided herein, any such amendment shall be adopted by Town Ordinance or resolution. 10 Names and Plans. Subject to the provisions of the"Public Records and Documents" laws of the state of Arizona, the Owner shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Owner in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Owner shall be entitled to utilize all such materials described herein to the extent required for the Owner to construct, operate or maintain improvements relating to the Property. m0 Good Standing; Authority. Each of the parties respectively represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to the Owner, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively an Arizona limited liability company or an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and(iii)that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. nO Legality. The Town hereby represents that (i) The Property is located within the corporate limits of the Town; (ii) The Town has complied or shall timely comply with all applicable laws and has taken or shall take all necessary steps, including without limitation, the holding of all required public hearings, to enter into this Agreement and obligate the Town hereunder; and (iii) This Agreement complies in each and every way with the Town Code and all ordinances,regulations, and rules of the Town, as waived or modified herein or by Resolution#1999-_. o0 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder, the Owner shall be entitled to terminate this Agreement. C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11 PM -14- p0 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. q0 Notice of A.R.S. §38-511. The Town hereby notifies the Owner of the provisions of A.R.S. §38-511. Cancellation of political subdivision and state contracts; definition, which provides, inter alia, that The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating,negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The parties acknowledge that no person significantly involved in initiating negotiating, securing, drafting or creating this Agreement on behalf of the Town either is an employee or agent of the Owner, in any capacity, or a consultant to the Owner with respect to the subject matter of this Agreement. r0 Time of Essence. Time is of the essence in this Agreement. sO Force Majeure. Neither party shall be deemed to be in default hereunder where failure or delay in performance of any of its obligations under this Agreement is caused by weather conditions, natural disasters, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties,material shortages, government regulations,referendums, court actions (such as restraining orders or injunctions)or other causes beyond such party's control. If any such events shall occur,the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance provided that the term of this Agreement shall not be extended under any circumstances for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. tO Counterparts. This Agreement may be signed in counterparts, and the fully executed counterparts shall together constitute a single original Agreement. u0 Effective Date. The effective date of this Agreement shall be the date of recordation of this agreement. v0 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County,Arizona not less than ten (10)days after this Agreement is executed by the Town and the Owner. Town and Owner agree that only Exhibit "A" Schedules 1 and 2 hereto will be recorded with the Agreement and that all other exhibits will be maintained in a permanent file in the office of the Town Clerk. L C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11 PM -15- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of recordation hereof in the office of the Maricopa County Recorder. Town: Town of Fountain Hills, an Arizona municipal corporation By: Its: Date: APPROVED AS TO FORM: William E. Farrell Town Attorney for the Town of Fountain Hills Date: Low ATTEST: Town Clerk STATE OF ARIZONA ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me the day of , 1999, by_ , the of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the corporation. Notary Public My commission expires: Owner: MCO Properties L.P., a Delaware limited partnership C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11PM -16- By: MCO Properties Inc., a Delaware corporation, general partner By: Its: Date: STATE OF ARIZONA ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me the day of , 1999, by , who acknowledged himself to be the of MCO Properties Inc., general partner of MCO Properties L.P., a Delaware limited partnership,for an on behalf of the limited partnership. Notary Public My commission expires: L L C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11PM -17- Exhibit "A" Nor Schedule "1" Eagles Nest L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11PM -18- Exhibit "A" Schedule "2" Eagle Ridge North L L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -19- Li Exhibit 'B" Schedule 1 Development Plan L L C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11PM -20- Exhibit 'B" Schedule 2 Resolution#1999-_ L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -21- Exhibit "C" Preserve Property L L C:\WINDOWS\TEMP\MNTNDVA4.WPD 05/20/99.01:11 PM -22- Exhibit "D" Option Property L L C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11PM -23- Exhibit "E" The HPE Lots Lir CA WINDOWS M P\MNTND V A4.W PD 05/20/99.01:11 PM -24- Exhibit "F" Form of Hillside Protection Easement L L C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11PM -25- TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner V3 DATE: May 14, 1999 SUBJECT: S99-007; Final Replat for "Fountain Hills Plat 505-A, Block 2, Lot 32" a lot split project. This is a request for Preliminary and Final Plat approval of a lot split located at 15813 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. L L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT May 20, 1999 CASE NO: S99-007 LOCATION: 15813 E. Tepee Dr. aka Lot 32, Block 2, Final Plat 505A. REQUEST: Consider approval for the Preliminary and Final Replat of "Lot 32, Block 2, Fountain Hills Arizona Final Plat No. 505A", a lot split project. DESCRIPTION: OWNER: John R. & Ruth A. Tokasey APPLICANT: John R. & Ruth A. Tokasey EXISTING ZONING: "R1-35" EXISTING CONDITION: Single-family Residence ; 112,414.79 sq. ft. (2.58 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single family: zoned "R1-35" SOUTH: Vacant: zoned "R1-35" EAST: Single family: zoned "R1-10" WEST: Vacant: zoned "R1-35" SUMMARY: This request is for Preliminary and Final Plat approval of a Replat for "Lot 32, Block 2, Final Plat 505A" which is a lot split project. The applicants, John and Ruth Tokasey, propose to create lot 32A, 1.6 acres, and lot 32B, .981 acres providing the Town of Fountain Hills with a total Hillside Protection Easement of 83,769.76 square feet (1.923 acres). The following agencies submitted the following comments: Fountain Hills Fire District: Approved FHFD Chaparral City Water Co.: Applicant will have 1" copper service line installed at their expense, prior to recordation of Final Plat. Engineering Department: Applicant must construct driveway per detail A prior to recordation of Final Plat. Community Development Department: On April 22, 1999 the Planning and Zoning Commission tabled this agenda item until the applicant is available to respond to comments. The proposed lot split is in compliance with the existing "R1-35" zoning and conforms to the regulations of The Subdivision Ordinance of the Town of Fountain Hills including the Hillside Protection regulations. The applicant proposes to utilize the "Hillside Transfer and Protection" option, preserving approximately 78% of the 0 to10% slope areas, 70% of the 10 to 20% slope areas, 88.18% of the 20 to 30% slope areas, and 90% of the >30% slopes. The applicant has chosen to transfer the unused 99.10 square feet or .4% of the Staff Report S99-007 2 of 2 >30% slope area to the 20 to 30% slopes, and transfer 758.94 sq. ft. from the 20 to 30% to the 10 to 20%. RECOMMENDATION: The proposed lot split is in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Planning & Zoning Commission recommend Preliminary Plat approval, and Staff recommends approval of S99-007; "Final Replat of Lot 32, Block 2, Fountain Hills Arizona Final Plat No. 505-A" with the following stipulations: 1) The owners must construct a 1" copper service line at their own expense, prior to recordation of the Final Plat. 2) The owners must reconstruct the southern driveway per detail A, prior to recordation of the Final Plat. L L :oJ I-�t b 1 } / TOWN OF FOUNTAIN HILLS N COMMUNITY DEVELOPMENT DEPARTMENT :. RELIMINARYIP tAPI R IOTIONX - , ; - Date Filed /s Fee Paid 9 00 �. Accepted B Plat Name/Number FP Pt4r sets'— ezaeit .z Parcel Size 02 /.t Ae Ie S Number of Lots Number of Tracts Zoning _ General Plan Land Use Designation �� 3 S /Z .'desb _ s' / /7= Density Requested (Dwelling Units Per Acre) Applicant Day Phone Soo^ A 0 ie i A 7 k Q se d37— 79 Address G Se Cit ST Zip /37/3 Er, Tepee ,�r,'v a dk•d•,� 74 Owner �+ /�� ,��G p Day Phone ..z .1 e ci- te.t h• Tekosr/ 3 Address , 7 7 9� 7 City ST Zip /Si/3 6. re,ra Pr.'ve Idk.44;.t ,/,'//s /¢L 1 lrG; Gp Attachments (Please list) I •SP/•/ P/A f - TAP 9 adi'N;Wort o t .7� i'n /a 24 As LI 'gn ure of w I HERBY AUTHORIZE (Please Print) Date t.... U 6-L. - ........, 171 TO FILE THIS APPLICATION. 3/4 f� Subscribed and sworn before me this day of , 19 Notary Public My Commission Expires (Seal) (Irwe Schedule Attached TFH Case Number ,s %' -CC? 1 g : x .li 1 o g• N ' - g' ! .i gg:i a j:i $ �9 1' ~ 1 e i it s z fid y e !i x ! 3i a® sz7 tie' o Id s 1 o 16z L ® Og8efii9i . A itt s! i t ih IeiCIe � .. < i; ; , III —� i E . 'i -'� 1111 1 i!le11 1 ,jam1 DOH ' .1 _j ____,7___ J. s iii; ii hoi . .__ . ' v"iii" i s h ��i .....o>1.- X 75# j*. 7 �� i‘14,fir pyaill, .4.'01 ,9° ,1 t, r I. N NI , „,4: II di 4g ro %so ,Ifr � Wye co eig; a g r.,, f t►�,h ,gzfee. 4tr---..."T I,. - lipb&--'2 'Isol, ., t., dux ��,�•.s"�/ 1I� ,,� / +10. o �� / /R=qiii.' .100/ >. I z +4��vP ,' �. a ''ter , I!' Ix j �E Z S I • 44g3• 2i j �■(( is 0 ^ YS ii G IIJ`li 1YOV - Z / 1 i J = J 111 � � trl gg e:It�bo33Me€ l ! �iaY W Y gKf.` le i bi 113 go 19 A all; ( -- ammo- bE't O Ng,t g!ay AZ 110 R34 = P ipi go is C Eii s .155 1! 7 ihig>:!s! _ J L ...a..w^aoo-.w.f.mo I ., t • L \1 Ai 0.4. After Ali* ‘ ....— ..„.„.„. • -4116,. , , ---------- -------_-__41------- ' i ''•,, Lin...1 _11111111111_11111 .117111' r i * / #. 10.10,. 10,.• ,,At &St ‘11.9 \ • • • / 4,0701,1111.70,-; , illik...1.1110..v. fro** 411v 10.—ib,*—iit, A•".111011 V v , llik •.10 ire.."11,11110.6, 111‘ 'I A vsgt.11006**00,6-love 4140A--IP 114.001.000 v.- ": . i s ..._ ._ ..... k A V L \\ \\ A99-007 LAND DISTURBANCE CALCULATIONS TOTAL LOT usable 0 to 10 12608.67 12608.67 10 to 20 13352.22 4005.67 20 to 30 62282.86 12456.57 30+ 24140.99 2414.10 112384.74 31485.01 30.05 EX-DIST AREA 0 to 10 9790.76 10 to 20 4764.61 20 to 30 4429.30 30+ 2315.00 21299.67 Slope 30+ 20 to 30 10 to 20 0 to 10 Can use 2414.10 12456.57 4005.67 12608.67 (transfer) 99.10 -758.94 11796.73 Has used 2315.00 4429.30 4764.61 9790.76 Diff. 99.10 7367.43 -758.94 2817.91 PRACTICAL USABLE AREA FOR LOT 32B 7367.43 FTA2 *Can apply to any slope less than 30%. Marshals Department L Memo To: Paul Nordin, Manager Frone Steve Gendler, Marshal CC: Councilman Sid Apps Date: 04/15/99 Rae Request for ordinance change—Parking of Commercial Vehicles#12-3-8 Executive Summary: In July, 1998, the Council revised our code prohibiting overnight parking of commercial vehicles on public streets.This was in response to a situation on Panorama where the local U-haul dealer was using the roadway for storage of rental vehicles. While the change remedied the immediate problem, there was an unintended consequence since it left a "loophole" whereby commercial vehicles could still be parked on residential driveways and private lots in commercial areas. Since that time,the department has been trying to address complaints relating to full sized commercial semi-truck tractors parked at residences and public lots using a combination of ordinances designed for other purposes. A copy of Todd Tate's memorandum outlining the problem is attached for reference. As a simple, dear solution to this problem, we are seeking modification of ordinance 12-3-8 to prohibit commercial vehicles from overnight parking on streets, residential and commercial lots. Additional considerations: There are a number of commercial_vehicle_owners_and over-the-road truck drivers who reside in Fountain Hills. These individuals often drop the trailer and bring the semi- truck tractor home and would be effected by the proposed ordinance change. Informally, they have been parking and storing their vehides on a vacant pad near the Wendy's which has not generated any complaints. However, we have also found their tractors parked on driveways in residential areas, churches, parking lots in plat 208, or at one of the shopping centers which have all generated complaints. A permit was recently granted for a commercial vehicle storage facility just east of the Red Rock gas station, however,the storage charges are apparently more than the owner-operators of these vehicles are willing to pay. The ordinance change would not only affect the areas generating complaints, but also the areas where there are no complaints.Therefore,the Council might consider an exception such as allowing overnight parking of such trucks in commercial lots with written permission of the owner. Requested action: I am requesting permission have Mr. Farrell draw up a proposed ordinance for consideration by the Council.Councilman Apps and I have discussed this at length and he is willing to sponsor a review of the situation by the Council. I am suggestion that the words "or lot"be added to the language in 12-3-8 after the word "street'. I also suggest consideration of a paragraph "D" which would allow an exception with written permission of property owners in commercial areas. If you concur,please endorse this memorandum and return it to me. I will work with Mr. Farrell and draft appropriate documentation for the Council's consideration. L FOUNTAIN HILLS MARSHALS MEMORANDUM To: Steve Gendler From: Todd Tate Date: 04-05-99 Subject: Commercial Vehicle Parking There is an ongoing problem regarding commercial vehicle parking in Fountain Hills. There are two parts to the problem. The first part of the problem is the fact that there is no town ordinance which specifally addresses violations of commercial vehicle parking on private property whether that property is residential or commercial. In residential areas we have been able to gain compliance by using ordinance 12-2-12. This ordinance basically states that no person shall operate a commercial vehicle exceeding 8000 pounds at any time except on the local truck routes when making a local delivery at which time the vehicle must return immediately to the nearest truck route. This ordinance is workable but does not specifically address parking or storing of the commercial vehicles. Also, because this ordinance relates to the operation of commercial vehicles on streets, it uses the 8000 pound limit to define a commercial vehicle, whereas the other town codes use a 5000 pound limit to define commercial vehicles. On large private commercial parking lots town ordinance 12-2-12 is not enforceable at all because many of these lots such as the one between Parkview and Palisades are on the local truck routes. Town ordinance 12-3-8 defines a commercial vehicle using the 5000 pound weight but is restrictive to the hours of 900 PM to 600 AM and is restricted to vehicles parked on the street. This ordinance does not mention anything about private property and allows a person to park a commercial vehicle in a residential driveway every day until 900 PM if a person wanted to. Either a change to ordinance 12-3-8 is needed or a new orinance. A more complete and enforceable ordinance for all private property, both residential and commercial, could read: Commercial vehicles with a gross weight of 5000 pounds or more are prohibited from being parked or stored on any residential or commercial property unless there for a delivery not to exceed two hours. Exceptions could include emergency vehicles, utility vehicles, moving companies and parking in any area specifically named as a legal storage or parking locations for commercial vehicles within town limits. The last part of that proposed ordinance is important and is the second part of the L commercial vehicle parking problem. Currently, there is no legal place to park a commercial vehicle on a street in Fountain Hills. I am asked often by truck drivers where they can park legally in town. These are truck drivers who are not intending to store their vehicles long term, but park for 2 or 3 days until they leave town. I used to tell them to park on Desert Vista Drive near the Red Rock Gas station as this is a commercial area where very little parking has taken place. Also, in this area is the only storage facility for commercial vehicles which is behind Fountain Hills Collision Repair. I have been told that parking a commercial vehicle in this facility is very expensive and the town cannot force drivers to park their trucks there. Other officers have told drivers to park on the vacant lot area near Wendy's restaurant on Shea Boulevard. This, however, violates town ordinance 12-2-11 for driving on vacant lots. On those vacant lots where trucks do often park, such as the one near the Comfort Inn, we should use our law enforcement clout and ask those property owners to post signs with the town ordinance violations on their property. In summary, a better and more enforceable town ordinance should be passed specifically related to parking of commercial vehicles on private property to solve the first problem. The Town Council needs to deem a specific commercial area as legal parking of commercial vehicles on the street to solve the second problem. Thank you very much. L TRAFFIC 12-3-4 Authority to Erect Signs Restricting Parking The town manager or his designee may have erected signs requiring parking at an angle to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited and restricting parking in any way that may be necessary. When such signs have been erected, no person shall stop or stand a vehicle in disobedience to such parking restrictions. 12-3-5 Parking Vehicles on Sidewalks No person shall park any vehicle, whether in usable condition or not, nor shall an owner permit his vehicle to be parked upon any sidewalk in the town. 12-3-6 Restricted Parking Areas for the Physically Disabled A. No person shall park a vehicle in a parking space on either public or private property set aside and identified for use only by persons with physical disabilities, unless the vehicle has displayed thereon a distinguishing insignia or numbered plates bearing the international wheelchair symbol as provided.in A.R.S. § 28-881. The handicap card shall be placed on the dashboard so as to be visible. B. Subsection A of this section shall apply only to those parking spaces that are identified with standard signs or other markers, as approved by the town. 12-3-7 Stopping, Standing or Parking Prohibited in Specified Fire Lanes No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a town law enforcement agent or traffic control device, either on public or private property, in any of the following places: A. Within fifteen feet of a fire hydrant. B. In any area designated as a fire lane. 12-3-8 Parking of Commercial Vehicles No person shall stand or park a vehicle with a rated chassis in excess of 5,000 pounds, gross vehicle weight or a tractor, semi-trailer, trailer or bus on any street within the town between the hours of 9:00 p.m. and 6:00 a.m., with the following exceptions: A. During the process of loading or unloading of such vehicles providing delivery or services; or B. During the unloading of personal baggage or temporary stop not to exceed two hours; or C. During such time as a validly issued overnight parking permit is in effect. 1. The town marshal shall issue an overnight parking permit for one emergency response vehicle upon application. 93 (Rev. 7/98) • r TRAFFIC 12-2-11 Operation of Vehicles on Vacant Lots No person shall operate a vehicle on or across any portion of a vacant lot other than on an established dust-proof driveway, except during activities authorized by the town. 12-2-12 Commercial Vehicles Prohibited on Certain Streets A. No person shall operate any commercial vehicle exceeding eight thousand pounds gross vehicle weight at any time upon any town streets except those streets or parts of streets described as truck routes. B. In the event a pickup or delivery point is not located on a truck route but is located within the corporate limits of the town, then a person operating a commercial vehicle may leave an adopted truck route by the nearest route to make a delivery or pickup after which the vehicle must return immediately by the nearest route to an adopted truck route. C. The designated truck routes shall be: 1. The full length of Palisades Blvd. 2. Technology Drive from Saguaro Blvd. to Cosmic Drive. 3. Saguaro Blvd. from Fountain Hills Blvd. south to Last Trail Drive. 4. Laser Drive from Saguaro Blvd. west to end of cul de sac east of Leo Drive. 5. Grande Blvd. from the eastern town limits to Saguaro Blvd. 6. Fountain Hills Blvd. from Saguaro Blvd. to the northern town limits. D. Notwithstanding any of the provisions of this section, no person shall operate any commercial vehicle exceeding eight thousand pounds gross vehicle weight on any street within the town except upon designated through truck routes when such operation is not in connection with a delivery or pickup within the corporate limits of the town. Designated through truck routes shall be limited to the following: 1. The entire length of Shea Blvd. 2. For through trucks entering or exiting via McDowell Mountain Road, any designated truck route may be used. E. The provisions of this section do not apply to: 1. Passenger buses. 2. Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. Lo, 3. Any vehicle operated for residential refuse collection. 4. Fire engines and other emergency vehicles. 91 (Rev. 7/98) Fountain Hills Court L Memo To: Honorable Mayor and Town Council From: Stuart J. Shoob, Presiding Judge CC: Paul Nordin, Town Manager Date: May 10, 1999 Re: May 20, 1999 Council Meeting Attached please find the April 1999 court statistical report. Knowing the length and intensity of this council meeting, I am submitting only in writing and do not plan to be personally in attendance. However, if anyone wishes my presence, I will certainly accommodate, or if the council has any questions, I will be glad to answer in person or in writing. Just one more thing, do not let Paul speak on my behalf. Sincerely, Stuart J. Shoob L •Page 1 Fountain Hills Municipal Court Monthly Report April 1999 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 387 3,557 (0) (0) (287) (100) (0) Criminal Traffic 48 402 (11) (0) (37) (0) (0) Misdemeanor 58 573 (3) (0) (46) (8) (1) OOP/IPH 7 85 (7) April 1999 500 4,617 (21) (0) (370) (108) (1) April 1998 316 3,919 (211) (72) CASES TERMINATED MONTH FISCAL YEAR TO DATE Civil Traffic 315 3,609 Criminal Traffic 44 433 Misdemeanor 54 572 OOP/IPH 7 85 April 1999 416 4,699 April 1998 370 3,944 HEARINGS/TRIALS HELD MONTH FISCAL YEAR TO DATE Civil Traffic Hearings 10 123 Traffic/Criminal Trials 3 18 Juvenile Hearings 9 138 PTC/OSC/SR Hearings 40 510 OOP/IPH Hearings 2 15 April 1999 64 804 April 1998 77 657 April 1999 Revenue Received $ 38,361 98-99 FISCAL YEAR TO DATE $334,019 April 1998 Revenue Received $ 25,302 97-98 FISCAL YEAR TO DATE $262,010 Li 1999 Outstanding Balance $291,366 1998 Outstanding Balance $311,998