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Home My WebLink About2000.0615.TCREMP.Packet �` � NOTICE OF REGULAR AND EXECUTIVE 0� SESSION OF THE 4 *sr as • s thatisA FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Vice Mayor Hutcheson Councilman Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, JUNE 15, 2000 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B tow RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation regarding the Town versus MCO Properties; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property with regards to the possible acquisition parcels in the McDowell Mountain; respectively. 2.) RETURN TO REGULAR SESSION. Town Council Meeting Agenda Regular Session June 15,2000 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— L, • INVOCATION—Pastor Joel Bjerkestrand,Shepherd of the Hills Lutheran Church • 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 agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of June 1, 6 and 13, 2000. *2.) Consideration of a PRELIMINARY REPLAT of Lots 1, 11, and 12, Block 3, Plat 102, a lot join of the three lots located at the northwest corner of Palisades Boulevard and La Montana Drive, Case Number S2000-004. *3.) Consideration of a FINAL REPLAT of Lot 34, Block 2, Plat 505A, a 3-way lot split located at 15873 E. Tepee Drive, Case Number S2000-007. *4.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Richard Floyd for the Parkview Tap House located at 16828 East Parkview Unit B and C. The application is for a Class 12 Restaurant license. *5.) Consideration of the RENEWAL of the annual mowing and landscape contract for fiscal year 2000/2001. 6.) Consideration of APPOINTING A CITIZEN to fill the unexpired term of former Planning and Zoning Commissioner Leesa Fraverd. 7.) Consideration of RESOLUTION 2000-27, approving the issuance and sale of Town of Fountain Hills, Arizona,Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2000,and authorizing the execution and delivery of documents relative to such sale. These Municipal Property Corporation Bonds are for the new community center. 8.) PRESENTATION by Town Attorney Bill Farrell on changes to the open meeting law in the state of Arizona. 9.) UPDATE by Senior Civil Engineer Jim Leubner on large,pending engineering projects including the widening of Shea Boulevard,the Golden Eagle Dam improvements and the lake liner replacement. 10.) Consideration of AWARDING THE BID to Hunter Contracting Company in the amount of$1,298,015.66 for the Fountain Lake Liner Rehabilitation Project. 11.) Consideration of a MEMORANDUM OF UNDERSTANDING with MCO for the Town Center II improvements. 12.) Consideration of an INTERGOVERNMENTAL AGREEMENT with the Fountain Hills Unified School District for the operations,maintenance and scheduling of school and Town facilities. 13.) Consideration of a TEMPORARY USE PERMIT RENEWAL for the Bedlam Bed and Breakfast located at 15253 North Skylark Circle,TU2000-04. Town of Fountain Hills Page 2 of 3 Last printed 06/14/00 2:49 PM Town Council Meeting Agenda Regular Session June 15,2000 14.) Consideration of a SPECIAL USE PERMIT to allow a wireless communications facility to be located at (iw 16701 Laser Drive, a.k.a. Van's Storage, along the east side of the lot which faces Technology Drive, Case Number SU2000-02. 15.) PUBLIC HEARING ON ORDINANCE 00-09 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.11.B, to require a certificate of building pad elevation and the horizontal positioning of stem walls and foundation forms by an Arizona registered land surveyor prior to pouring concrete, Case Number Z2000-08. 16.) Consideration of ORDINANCE 00-09 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.11.B, to require a certificate of building pad elevation and the horizontal positioning of stem walls and foundation forms by an Arizona registered land surveyor prior to pouring concrete, Case Number Z2000- 08. 17.) PUBLIC HEARING ON ORDINANCE 00-10 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.11.B, to require all Disturbance Limits to be surveyed, staked, and certified by an Arizona registered land surveyor prior to the issuance of the Certificate of Occupancy, Case Number Z2000-09. 18.) Consideration of ORDINANCE 00-10 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.11.B, to require all Disturbance Limits to be surveyed, staked, and certified by an Arizona registered land surveyor prior to the issuance of the Certificate of Occupancy, Case Number Z2000-09. 19.) PUBLIC HEARING ON ORDINANCE 00-11 to amend Section 5.11 (B) of The Zoning Ordinance for the Town of Fountain Hills, to allow the development of columbaria, including any accompanying features such as walkways, to be exempted from the Grading Standards, by Special Use Permit if certain criteria are met, Case Number Z2000-06. 20.) Consideration of ORDINANCE 00-11 to amend Section 5.11 (B) of The Zoning Ordinance for the Town of Fountain Hills, to allow the development of columbaria, including any accompanying features such as walkways,to be exempted from the Grading Standards,by Special Use Permit if certain criteria are met, Case Number Z2000-06. 21.) CALL TO THE PUBLIC. Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 22.) ADJOURNMENT. DATED this 14"'day of June 2000. Cassie B Ha en,Director of Administration/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 06/14/00 2:49 PM TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: June 9, 2000 SUBJECT: S00-004; Consider approval of a preliminary replat for "Replat of Lots 1, 11 & 12, Block 3, Fountain Hills, Arizona Final Plat 102", a lot join project. This is a request to join Lots 1, 11, and 12 of Block 3, Final Plat 102. This application is only removing the common lot lines of the "C-2 P.U.D." zoned property. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. Lir TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT June 15, 2000 CASE NO: S00-04 CASE MANAGER: Dana Burkhardt LOCATION: Lots 1, 11 & 12, Block 3 Final Plat 102 REQUEST: Consider approval of a preliminary replat for "Replat of Lots 1, 11 & 12, Block 3, Fountain Hills, Arizona Final Plat 102", a lot join project. DESCRIPTION: OWNER: John Gilligan APPLICANT: ASLAN I L.L.C. EXISTING ZONING: "C-2" PUD EXISTING CONDITION: Undeveloped lots LOT SIZE: 2.02 acres SURROUNDING LAND USES AND ZONING: NORTH: Developed multi-family, zoned "R-3" SOUTH: Developed commercial (Bashas Center), zoned "C-2" EAST: Developed commercial (Good will, Town Hall), zoned "C-2" WEST: Developed multi-family, zoned "R-3" SUMMARY: This request by Asian Development, L.L.C., is for preliminary plat approval of a Replat for "Final Plat of Lots 1, 11 & 12, Block 3, Fountain Hills, Arizona Final Plat 102" which is a lot join project. This preliminary plat includes the off-site construction of sidewalks adjacent to all street side lot lines as shown on the preliminary plat, and a participation agreement for the future construction of a traffic signal, as requested and approved by the Town Engineer. The participation agreement shall be negotiated and recorded prior to Final Plat approval. The owner, John Gilligan, has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "C-2" Zoning District for size and dimensions. RECOMMENDATION: The proposed lot is in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. The Planning & Zoning Commission and staff recommend approval of the preliminary replat S00-04 " Replat of Lots 1, 11 & 12, Block 3, Fountain Hills, Arizona Final Plat 102"with the following stipulations: (1110 1 Prior to recordation of the Final Plat, the Developer will be required to monetarily contribute to the future traffic signal installation at the Palisades Blvd. and La Montana Drive intersection. The contribution will be either in the form of a participation agreement, cash or some other method agreeable to the Town Engineer. 2) Add note to plat stating that access to the development from La Montana Dr. shall be limited to right-in, right-out, leff-out, but no leff-in. t e`�� 8i �' TOWN OF FOUNTAIN HILLS *4. COMMUNITY DEVELOPMENT DEPARTMENT A,, T 52O -- --V.S� -ELIMINARYi PLAAPPL1 N = _ 0- . Date Filed r i,d� Fee Paid � Ac p oci Plat Name/Number Icz ?3 rS Parcel Size Number of Lots Number of Tracts Zoning .10 General Plan Land Use Designation IVC--- (61 eL. 1-0,.( 12 _ I (,,,r. .) Density Requested (Dwelling Units Per Acre) Applicant Day Phone i- LAB - C. .L-- . 4E9 - /--IM Address `�`�l�� „ City ST Zi J f COVE- / ri�YLj kr-- Olen) Owner j 0/U1164AJ / 1: ,, r Day Phone Address City ST Zip Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number (itio:.e Schedule Attached a b Vi (60, 1 = o •\ g illi o I x Al __FrIg 1'1 I z r I IW Q 611 * � I i .i —a ,a* '.' 1 1 'VP O s F�-N F �� € " /I LT O E=8d 4 'Ea&a bk: J _Ia* i. a SSS y QU Vaj Y9 t �0 'W./A,• OW / N tkpyQ�t�C m 2 W�+,Q4 j o tail t� Q ` \ -.ii ar" 0 w�1 VA UW \\ \ AP\ " Y atoAm�ON \��\ •�D4 Q� g £ �1gg c�t� i U t7�ZaZpN �`�\ /' 1—a N ar / a .s )€€ 7� 0 � �a�W+l • s s\ aY QN d *- bgk o, 10 € (� �+ CY DZ m U tst O_CJmU N �'' orb HH'O �. / _..gdsr �� b ItRRRF...g... tL ad c.N Z Q /A m/ / a .r. " kg, = Zu. J /. 149 '14`M r k1: NI H z , \j€ ib k. / / § p� g5 s 0 m O 4€ „ 44i ti�� R 4� -4: ¢ tla d kiek / A CC gE gnu ►_R=-` A. —r "aged t—kd y" la O 8 k ld/ b . k Xb ll'APIII / 1 + g In b E9/1 1 1E I § A it 1 Ens b E i 4-- -4—$---.=Etc ''. ill A i i i !! 1 higliikli _ si _ L k li S1 9_E' !/1Ef- 1bl :E § i g i TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: June 9, 2000 SUBJECT: S00-007; Final Replat for "Fountain Hills Plat 505-A, Block 2, Lot 34" a three- way lot split project. This is a request for Preliminary and Final Plat approval of a lot split located at 15873 E. Tepee Drive. On June 8, 2000 the Planning & Zoning Commission unanimously recommended approval of the Preliminary plat with a 6-0 vote. However, the Commission did express discontent with the splitting of existing lots, particularly in the Final Plat 505-A, block 2 subdivision. The Commission then reflected back to the past lot splits in this area and explained that as long as the lot split conformed to the Zoning and Subdivision Cro Ordinances, legally the Town Council can not deny the proposed subdivision. At the April 19, 1999 Town Council meeting, the Town Attorney provided an opinion stating that these lots can be split in accordance with Arizona Revised Statutes given that the minimum requirements of The Zoning Ordinance and The Subdivision Ordinance for the Town of Fountain Hills are met. 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. TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT June 15, 2000 CASE NO: S00-007 CASE MANAGER: Dana Burkhardt LOCATION: 15873 E. Tepee Dr. aka Lot 34, Block 2, Final Plat 505A. REQUEST: Consider approval for the Preliminary and Final Replat of "Lot 34, Block 2, Fountain Hills Arizona Final Plat No. 505A", a three lot subdivision project. DESCRIPTION: OWNER: Al-Dasuqi Family Limited Partnership APPLICANT: Adli Al-Dasuqi EXISTING ZONING: "R1-35" EXISTING CONDITION: Undeveloped 321,472.8 sq. ft. (7.38 acres) lot SURROUNDING LAND USES AND ZONING: NORTH: Vacant: zoned "R1-35" SOUTH: Single-family residences and Tulip Wash: zoned "R1-10" EAST: Single family: zoned "R1-10" WEST: Vacant, Tract"A"of Golden Eagle Estates, and Tulip Wash; zoned "R1-35" SUMMARY: This request is for Preliminary and Final Plat approval for a Replat of "Lot 34, Block 2, Final Plat 505A" which is a three lot subdivision project. The applicant, Al-Dasuqi Family Limited Partnership, propose to create lot 34A, 3.241 acres, lot 34B, 1.938 acres, and lot 34C, 2.196 providing the Town of Fountain Hills with a total Hillside Protection Easement of 246,799.9 square feet (5.7 acres), as required by Article 504 of the Subdivision Ordinance. 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: No Stipulations Community Development Department: On June 8, 2000 the Planning &Zoning Commission unanimously recommended approval to Town Council with a 6-0 vote. However, the Commission did express discontent with the splitting of existing lots, particularly in the Final Plat 505-A, block 2 subdivision. The Commission then reflected back to the past lot splits in this area and explained that as long as the lot split conformed to the Zoning and Subdivision Ordinances, legally the Town Council can not deny the proposed subdivision. The proposed three lot subdivision is in compliance with the existing "R1-35" zoning and Staff Report S00-007 2 of 2 conforms to the regulations of The Subdivision Ordinance of the Town of Fountain Hills including the Hillside Disturbance and minimum lot size requirements. The applicant proposes to utilize the "Hillside Transfer and Protection" option, preserving approximately 84%of the 0 to10% slope areas, 65%of the 10 to 20% slope areas, 85% of the 20 to 30% slope areas, and 96% of the >30% slopes. The applicant has chosen to transfer the unused 2129.91 square feet or 4 %of the >30% slope area, and 4,602 sq. ft. or 2% of the unused 20 to 30% slopes, to allow the additional 6,731.523 square feet or 5% of disturbance in the 10 to 20% slope range. In addition to meeting the minimum lot width and lot area regulations of the Zoning Ordinance, these three single-family zoned lots are consistent with the lot widths and lot sizes of existing platted lots within 800 feet of the subject property. The existing lot average located within this R1-35 zoning district is 1.988 acres, allowing a minimum lot area of (less 10%) 1.7897 acres. Lot 34B, the smallest of the three proposed lots, is 1.938 acres, meeting the minimum requirements set forth by Article 308 H. of the Subdivision Ordinance. Staff has reviewed conceptual grading plans for these lots and has found that these lots are developable without the need of any variances or cut and fill waivers. However, staff is stipulating that a note be made on the final plat disclosing the need for sewage pumps on lots 34B (lot 2) and 34C (lot 3), lot 34A (lot 1) has the ability for gravity flow. As of June 9, 2000, Staff has not received any letters in opposition to this subdivision. 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. The Planning & Zoning Commission recommend approval of S00-007; "Preliminary Replat of Lot 34, Block 2, Fountain Hills Arizona Final Plat No. 505-A", and staff recommends approval of S00-007; "Final Replat of Lot 34, 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 applicant shall add a note to the final plat stating that lots 34B and 34C shall utilize sewer pumps. L .1 I �at TOWN OF FOUNTAIN HILLS 1, COMMUNITY DEVELOPMENT DEPARTMENT (it--,ciia--'JmYi-:i-m_ 'm.:`;', ,4 ' = 3 $: R KIMINAARY*1,,, E!c.,4T1QN` F Y ¢: Date Filed Fee Paid n_ �n I Accepted By •Plat Name/Number 5 05 fi 13 L o c_ r-<- Z L. 0 7-- 3 `i Parcel Size Number of Lots ✓1 -7 . 3 S / -c rts 3 Number of Tracts ti/� Zoning (Z - i 3 S General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) Applicant Day Phone AL D /t-S , ,-tr !/=A,,, , y L. i ' re-.3 Pc+rz.T,iv r..—r'c..s N 1(o y 8v -6.14 - 3`IO3 Address City ' ST Zip - Le . O- o x S5 - so r-at_-,..,, X / i- SSSO7g Owner Day Phone SA -1, Address City ST Zip Attachments (Please list) Pak- z- i -I--1 t •-- A y P L /4 r (7- (--a e' - - S) S1--o r)e__ v,q (._ y s ,s (z c_o e ' S ) Signature ner I HERBY AUTHORIZE ((Please Print) Date I /3 1DLI A L - 1✓11 S ti 1-1- 1 / j ry -74 .•'ERG w lG TO FILE THIS APPLICATION. /�� Subscribed nd swor efore me this S �'� day of T 3 �y 2 ocY� �Z��llh� o� My Commission !Illl./IIILr./ Notary Public ;, ,t �tAl ti /� .• .,. :: asugi ti w., .'s Notary public-Arizona Mancopa County • My C13:1' Expires 4/14/2001 iirFee Schedule Attached TOWN OF FOUNTAIN HLLS FEB 1 6 2000 ?C)610 - 007 COMMUNITY DEVELOPMEI;1 DEPARTMENT ,. o ., • p FargoF AaRRX A r n i g "gG Cm OF on ,..o °i h '" € n. 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I>. �` � /// ~8L mv ::: a - ■ `+•row - 1. - • - J 1 S y DT 9 A -I No N Oi c O a iy D y 0oNw O=zos m /TNO(A)44. �E .EE . ` Y °g -I 3 € : F °g o I:' _ F o"F °R T RRRol" N$- °oF o p:R Fg = ogt2 N.'" ¢ 'snn t1 !j $a€ > J > S"^� ��"_ -Ra 9R=.ya i o - 9 > i � ::!8:. o °� ��„Rnn�" : m��o §ea u 5 � o aRy u x o 0o aER"gg2" "� ` - - _� s $non" fi a i > ! g $ F Ai � 1, � ' e' o T Mg a s ° �mm"R o i `; ii Go arR 4 m i n 90g$ Via„ .. ° $ YP°m853p RW 8 � �'A,n- ,. 4 z n " -,imm5'' F R 1422 �a a an�= 1 ° T! gffNR1 ��251 g :a22 o,�, "Ez a ?' �� i°a n s R£�m a $ a ;Whilo° gy dna PH Y °� m 3 gSR n ..0 o3$zn1'/'n5 X gag" " i 7i la " ..J oKW " '" "" a FOUNTAIN HILLS PLAT 505A, BLOCK 2, LOT 34 w �eF Q 4f wn s-It-ao 4441 East McDowell Road 18 ii 6 t Anderson - Nelson, Inc. Phoenix.Arizona 85008 50 e_ 1 -`! FINAL PLAT faa„asrig-&swi,-Sae Grady Plans-Subdivision Armkpmenl-Hydrology wtn.(.e�el2er�273-AZ sib aan Construction Management-Computer Services FeuntYn NM,•z 01021 sn-asaz ,., C r, m m m m z a '' S m, / T _ ... Co +i - / C I .• /� .�ti• —y ,ems 4ts 0— / � Y it r— sI �/ " a>S .A. // \`� \ rY1 — im CD - s/ \ .\ Ck // tjl / e / 4,., P:ii i \ 1 -4 i U1 It i i ,IR / I a mat*itst: oo\ / 4.d r f•, \ e f \> \ opi ec �i b\ n 8' r H> d t r Y:m N . Y: , 0sd ` _ • /. / sm 'Y(r \ /j� bra Ay )41 ` ° ca N lf \ � /,a, $�;` / L \ d � oti k/ / M,ip-..� w e" -,-,,, .,, 4'411 i14 - _ e I ''/ e • I II s Ip $1 0 , , oEuaiio REVISIONS DATE I w o DMADRAWN FOUNTAIN HILLS PLAT 505A, BLK. 2 LOT 34 ' I Ammon DATE 5/9/00 lc $$a Anderson - Ne/son, Inca 4441 East Mf2".l Road F I NA L P PhwN . AI ; ; zona 50 LAT �'gh°M+a- wri7m slta Grading Awns-Subdivision aytNoomavt-Hydrology (602) 273-1850 Construction Management - Computer Services 0uthatl City, 4 'le••19;‘ 1WALN \*Vilho\ ..lvs \\\\..\\\1406. \\ 1 Iri itik 84.____......*,... ...!::;,, _, ,„.„..,v...,,lote„, KICK In Pa....—Will \ eeK\14. k \ MUM".11:10 PIATa. \ "\IS titi", 4*\ \N \Nillik..4 \ V il\\\` '‘ --..- ii \ I il \/\\cl_\) -;?\ \ .N.k.,t, 1/4 4:4••:_s,., ,.. \ kW. glii .,-....___-. - 4 ilidmr,, 1e1 ''''ili ail EIJI \\\ .._ „... ,._.1: t, !, .A M I.LL �� N,A..,........1,,, o. —_,-_-.-- _:..!.,.,: /)fr1i,7,Illy (11610* \‘\ . li\ id*i) --__=----_- .'"-‘ NA, pxygMli Nttek fl.i *114;;)\\ * _ )lit:***1�. �.. Yam_- �774. 7/141SQ ,elp Iki.M\ k ` ill �/ I .i• Ail / `710141kik7 r"/\ ari,r. „,.,.Ra1lA �` , � � � .,a.,, oo .� , II4 wac aN r �ii%� •° .lit:;/ ., �i) mto I\t, .w.m.w . 4 q l��it/. I' /t// / it* /I \ iv I • iiii "0 i/#1/1/ NNN;14 Illitil/ / \ \rNi ';:',,:' !!!/114 /' CV 111/ /._/ Car Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATI N Date: 06/09/00 Re: AGENDA ITEM #4— PARKVIEW TAP HOUSE LIQUOR LICENSE AGENDA ITEM #4— PARKVIEW TAP HOUSE LIQUOR LICENSE APPLICATION Richard Floyd has submitted an application for a Class 12 Restaurant liquor license for the Parkview Tap House I ;- °2 �,Parkview, Units B and C. The premise is currently operating with a Class 7 w »,f Beer ne lie- se thatws the sale and carry out of beer and wine only. Mr. Floyd desires to e _ • NO,°-. an '.li 'service and plans to accomplish this with the addition of the Class 12 I:irant license. Mai,340 n al Gendler performed a site insertion to insure that 40% of the establishment was devoted to food seniice, ape statutory requirement of �nClass 12 license. His inspection and background investigation Nihor revs led thatstatutoryrequirements have been satisfied and he has forwarded a favorable rev on The pre:- ill hav `been posted for the statutory twenty-day period on June 14. To �.date,xno written umenthave been received at Town Hall. Based on statutory compliance, staff recommends approval :. � ria u - ° 6 k� 1 I� � Hr Page 1 of 1 June 15,2000 Agenda Items Last printed 06/09/00 9:58 AM 06/09/00 Town of Fountain Hills Memorandum Cr TO: Cassie Hansen FROM: Steve Gendler DATE: June 5,2000 SUBJECT: Liquor License Application—Parkview Tap House The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the "Parkview Tap House" located at 16828 E. Parkview. It is my understanding that the application is scheduled for consideration the council session on June 15th. BACKGROUND INVESTIGATION: This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A review of the proposed floor plan, as well as a site inspection, shows that over 60% of the establishment will be devoted to service of food. The business has been serving food in conjunction with a class 7 ( beer and wine- (w. takeout)license already in place. This would permit full, on premise, liquor sales. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. However, the local jurisdiction does have the ability to determine if there is a proliferation of liquor establishments in the vicinity. A review of license holders in the immediate area indicates there are two class 12s, one class 9, and a class 15 within one-half mile. These licenses are consistent with the commercial zoning and do not represent a proliferation issue in this case. The applicant, Richard Floyd, is an Arizona citizen residing on Trevino in Fountain Hills. Sandra Floyd, listed as a co-owner and corporate partner is also an Arizona resident showing an address of 16718 Trevino in Fountain Hills. There are no outstanding wants or warrants on either individual. Additionally, the owners have applied for and received a Fountain Hills business license (#2965)for the proposed restaurant. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and that the owners have procured a Fountain Hills business license, I recommend approval by the council at the June 15th Council meeting. ARIZONA DEPARTMENT OFrLIQCOR LICENSES & CONTROL tic. 34. 4--F , Ors (-- fly `1► - L' 1 ¢ ,;> 800 W Washington 5th it *' `'� 400 W Congress#150 Phoenix AZ 85007-2934 w( �,-�- Tucson AZ 85701-1352 (iv (602) 542-5141 ti; ' '" (52(PIECENED APPLICATION FOR LIQUOR LICENSE MAY 2 4 2000 TYPE OR PRINT WITH BLACK INK -FGUNTA1N FMCS 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. 01 1 I)o1+ S-DS—oo in SECTION 1 This application is for a: SECTION 2 Type of ownership '-` V-l `l-b 0 ❑INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 n"`1 -.-i S-O O KNEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 , CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 UNITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 ❑CLUB Complete Section 8 0 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 1. Type of License: / - a5A'ct.L v-an+- 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. (iire A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) Mr. "`--j ..---- 1. Applicant/Agent's Name:Ms. F!O C i C`1 1 Ct 1�C�- Luc,f I'1'r (Insert one name ONLY to appear on license) Last / First Middl! 2. Corp./Partnership/L.L.C.: 5 If' k �CeTe j't �/9 e,,. o ?)\ooLJtkovi' (Exactly as it appears on Articlesti of Inc.or Articles of Org.) 3. Business Name s(](V I e.1(\8 ► Q Ho 0 J C.- 9,4131 t9(I d (Exactly as it appears on the ex rior of premises) 4. Business Address: /6 0 (. ,rey i L Yv L L 1— /3 4-C. On cl1 n i /' �y (� �j (Do not use PO Box Number) City / COUNTY i i rle� p 0.�dS 5. Business Phone:( I�l o ) �J /'"Lrc , 0 Residence Phone: (7 t10 ) ,� , /�5 6 I �p 6. Is the business located withinp the into prated limits of the above city or town? YES ❑NO 7. Mailing Address: /�/1 I E. fr /1e)A1 rC /� / ( j y7 /r HO' / li,L, 6s761.a6.1 City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) �(..) DEPARTMENT USE ONLY C Accepted by: \ Date: : )3-`'0 Lic.# 11 7() 1-3 g Fees: f • $ W. Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. � r SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN'i,"01:1.IpANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EAC CARD. Xi CORPORATION Complete questions 1,2,3,5,6,V,$ 2 x; ❑ L.L.C. Complete questions 1,2,4,5,6, "dnd a'ttachlcdpy of l`es of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: 5F 4- RP' Spor -j , J (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: I D' 9 y State where Incorporated/Organized: AR/Z,OV1 Ca_3. AZ Corporation Commission File No.: 0 5 q/i c!q'g Date authorized to do business in AZ: /' -9 9' 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES ONO If yes,give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip F IcyA oelf 116 TPe5/Dfrt'rk /5S `1 Irevi' o /(1n ir") //'//S j Az old, �'�nc4vcx •1e� c(w� ) Tr /6139 y/nD l)c�il 4 /1' «//s, 2 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: IIFLast First Middle %Owned Residence Address City State Zip o\JcY L end % / 9 eon' rpT0 j„� //f/ ,/50w Floyd nd rct J % joj,gq 1oti/ /o / /s (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACI CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip L (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 1' SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) ? .; l l APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. ! Z 3 a ., 1 01:w Current Business Name and Address: °,? (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: J ast Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: !' o .I C Name/Address of school: FU t_.)h+OZ. \ 1-, --\ � \� V\ki'l' C t!`x, (regardless of distance) ( i 0C) 1 , -� 1 I_sct Cps j ,1i5,fi. 2. Distance to nearest church: /, r �l Name/Address of church: t- L),fv1�CZ\v--h kki \V rS Vip-Cu V 16 (regardless of distance) 1 3C-)0 1 t-ouh-6e'or, 41H .c .Iir-t 1_ ii- z I am the: ❑I,FssEE ❑ SUBLESSEE 04 OWNER ❑PURCHASER(of premises) Taxi i a r n trdi A If the premises is leased give lessors name and address: A- 4a. Monthly rental lease rate$ 1V . What is the remaining length of the lease? IA yrs. mos 4b. What is the penalty if the lease is not fulfilled? $ //// or other (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ — C) — Does any one creditor represent more than 10%of that sum? ❑ YES f(NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDTITONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) S'P O Cs‘-T: ,c;Z c cz ufa h—t— 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? CI YES lice? If yes,attach explanation. 'does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES I I NO s the premises currently licensed with a liquor license? (V YES ❑NO If yes 've license number and licensee's name: car, q # 0 2 0 7 0.S. (� (Exactly as it appears on license) c.L ci r 8. `--- 0\I Ck ,. P `i- 1e c- S' � -, inc. , 5 t I SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches,schools,and spirituous liquor outlets. ti -a one"half mule radius of your proposed location. / Le4)A PPL i'can+-:"Pctireitiev JAp gov se_ 2. ha5hc5 NT t1 3. ,t pair I (iei`J i it(G€t"'Ci6 . 4. t1 e.. L no I./A 4,Rs.0_ 5. r C)r4c1n ;0 Li));nol Alley0-1; itir 6. k t I MAC Li ka r7i`or P 7. /"Ia natS R Z,a ilk 8. -P\ill aa-e." , P :4 ►e 9. Anier1+Garr" i\epeorn #3 10. 'r 11. v. ,Wit pi. 12. I `� 13. Afite \.4 lidib 14. 15. LiACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: 31C-karCi Euqe e- Flo y �-/ g declare that: 1)I am the APPLICANT(AgenClub Memberaer),makin this (Print name of APPLICANT/AGENT lis in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, member ers,directors or stockholders listed have been convicted of a felony in the past five(5)years. State of 'ArLt.) yea County of V 11l(IN: Ce-Pci X The foregoing instrument was acknowledged before me this (Signature) •3 day of A t, , (;Q FICtAL SEAL • Day of Month Month ( Year 444��biiir 4 *, MARGIE PEREZ My commission expires «f .• - n,,,,,r RIM!.-Sista of Arbon t )i '' J 4°�=/'` MARICOPA COUNTY (Signature OitnsO' My Comm.Expires Nov.ti,200y 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor *� 'r� 400 W Congress#150 Phoenix AZ 85007-2934 •'' ' Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 HOTEL-MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES#11 &#12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not availablg,.at that time,you may not be given credit for all food sales. • 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor(taken within two weeks of the Audit (sr Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes -Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress#150 Phoenix AZ 85007-2934 ,} f/ L.Tucson AZ 85701-1352 (602) ti (520) 628-6595 542-5141 RESTAURANT OPERATION PLAN LICENSE# /01 -- 1. List by Make,Model and Capacity of your: Grill see Oven rn a) 1ce.c, - All ne Freezer p)rC CtGed Refrigerator s-t- ncja !771- g) ` Sink -- i� -- Dish Washing Facilities Food Preparation Counter(Dimensions) Other 2. Print the name of your restaurant• t .r k'(I e J I }P 140U 5� 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ g'(t, b. Bar area of your premises I + c. Total area of your premises 5. What type f dinnerware and utensils are utilized within your restaurant? Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate om the restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes / % 0 No 7 What percentage of your public premises is used primarily for restaurant dining? L. (Does not include kitchen, bar, cocktail'tables or game area.) •,�y'g % *Disabled individuals requiring special accommodations,please call the Department. Lic0114 05/1999 1 ). 23i .1"TIDA ; RE:.i.:AUANT 1--;';,0; .;'Mi;':N :2.,.',. . .. t .., • ''':'''' 'f..L.2L:Ly''' 41 .7. -) .-.:, ,,., (iir ilia? I..,.) ...) LI SOLO TO: f-', Nn ,.. ,q SHIP 10: P::X•iN,'; .i .:.•.-....,.:4 l'Ai:., ..;:rt ?,,,ii k: , INT:a. !1', ir: : ': Ri" - --- ,IX,441A.II, i., i (.4,1): ;,' ; t:: ' . t I. -.. . . i i':,.;',, 'A: I;,'7.-, ,r. i if. ..:V ;i .. ! ,•-i J.; I C/14/, ., OA,•'--_ - .:.‘ 0 ‘ _,.• ; r':V. i.'. -;rili, ,,,t1, ". • i, ..,4-i ,.;,' ;•.:1.,4 ,,f,'I._•'•- ,. ,p,,x -4,,i'ffie i',- H: —, p ,-;., ov, , k'') .. .. • •-.' .7)°;33. .s...... ...'' / (ow . 7 1 \ . ..iir,. , . .. , N. , . ,, . .,.. .... .N, .. ...,.,, : , .„..„._ ......_,. . .. ......_ , 0 ,, . ,.. . .„ .., ,.-: 'HtiV ?3,`;:tT'I'. .H:".. '...,-"-..:::;' ; ::,El,'..`i :‘'.::-:',' ',i ;,. -''..,:';',414 ::1::,! ..;:,:- IL,: ,,,-t1 3E*:-.' ..,,A ?';';::N ..,-L ::,... A..•.:.-.A;.::,:: '.... .*"...: ".P. :N ',..I .. r I ,'•"-- ?",::',' .i. '..,.. ''.. '_-_ ',, •. ' - - - ." '.. ,, •,.:,.•, ::::)2 . . '_'..:-... ,:'... '' -':•.-,:-,...r.". ..'.0 ,, N'; ,,i :'6.-','H A, '1'.-1- /-.1'---:'.'..... : ' ''.: :,'''..... --'?. • '.'. L''''- ' ' : .-: ... -: ' " ' .:. -,-, '''I':: :..' '':•" .: ':7':.. .•,i'.'- 1:E;id:.'„/".(17-7e:-:,. ......Y):' .-4-./7r''',...)::.'' .-:..,r"?' I :%:,.' ''''''.: : .'4' :_:•: '''," ,--.' .:.-'',-. . l, :::,- : . . . - • ,:' I ,' ' .:'' 4- .... .'.- .„T,._ ,S( .-1 ; ;..--err.:'X': .-— "n : / A 4. tni vs, rtt7outu. OM sO n lest fLmeit ' ► �, an SOON vatxrr unr {oc INTO chcnRr autNc t. `�% M =�, GR120111171.0440001 (� salt dE dTr. ►+T4N I��u tit V[e.s, McwoA SILLS Tut$ l► SRIZCNa e171 tWiti lest! !!+i-atM ►scat 71t•hsa ts>zo, •te-sus • '• trot: t4Ot1 t7i-=fs1 nix: 11141 aaa-uf: PAC f>o:! e,s-a/sa rox: trill Teo.4190 Y t;J ?• -.. . L salt cr Yips rf. �a; • cuter...tang• ,., ,' a :W 73279 5 ODYSSEY BUSINESS ,CREDIT s PARKVIEW TAP HOUSE .,'L. 7950 E. REDFIELDRD. SUITE 220 P 16828 E. PARKVtEW AVE. pt. ... ---....—_ • T • • p BCOTTSDALE,+';AZ. 85260 FOUNTAIN HILLS, AZ. 85268 j • n1: ems cosTO CR 4$Ut a OR ►a 1 314 :01411 Ceur.TV 21W02CE n0 NET 30 DAYS :' 12/23/99 . LJB Oil Unit teepuker•Stock_No. Description _._ Price Unit 4mgynt ' t`' 1 -lea T&►S3230LN A/o pa FAUCET BODY T&S BRASS �• 100.10 ea 20 1' 'so Ti 62X': 1 ' • ,12" .SWING NOZZLE ' TUS~BRA.SS 20. )0 ea ' 20.00 6 ea RINRTBZ23p �� TABLE BASE 22 x 30 BLACK ^-� ......_".., 1 w.• • 2 3. )0 ea 13 9. J 4 ' • 13 6a RINRTB2222 ti TABLE BASE BLACK 22 'x 22 17. p0 ea 221.'0 • , ,r...+....„.. ... ._ ..._ __.,.........________..........................._........_......._................. • • • L i 1 t ..IMII., 't' s . .. �.••.�•��..-.mow. _ •w �.r-�..�. , .sir l _ I..-' • SNIPPED VIA Sul TOTAL 56093.0O j STANDARD SALEi TAX � / #ONDITIONS OF EWE: No merchandise to be returned ultbout Our permission. DELIVERY' 1653.D0 esteckine charge, sf isi'Wi21 i• natl}� interest of 2x per n•nth Dill be chortled on 111 "- ;counts not pad in,' 1'days. If collection it node by suit nr ethers/tee, the pu+-cha•er UCC FII.IWC FEE , • trees to pay int•rset vatil paid, collection cost, including a reasonable •tte ney'• as end seller resume a of+writy interest in all merchandise lilted /bode until*paid TOTAL 57745.00 or in full. 3e11er shell hallo e11 righ * with respect to the nerch•ndise of a secured 11:.. arty as by the unifero coamerctal code granted. .• ,OEponIT , . + 13031 . • • • eA1.q4cE 46U5 ji :�, vc r s /L5 it Inv& 'co . 60 •43d' iii::l • , . :'J' o o LZ Z09 l 3C3 1E_Y QY vA L _/_ •aovi z55L 5 .0 i-x 6('{ x7 ', C-27-13 11 :27 JADE. INC. 662 *06 2ale •.,• t i • 7 r ti7j ; JADL; hw 806 East Park Avenue. Gilbert.AZ 86234 (602)545.80o8 ' ;:;eli(6CQ)768-5664 d er;hh7j X,rhiM,' 'pm tb)7,N:0.2t4f1 Sold to: ODYSSEY BUSINESS CREDIT Invoice: 1266 7950 E Redfield Road. Suito 220 12/27/1990 Scottsdale. AZ 85260 Purcnaso Order No.; u8C 122399 12/3/1999 Ship to: SF 8c RF Sports Inc. DBA Parkview Tap House 16828E Parkview Avenue Fountain HMIs, AZ 85268 r. CZ" ' Description Amount ' Description: BOOT! BOX 8'x10'x20' - Foam. no floor. Indoor Iuse, installed 1 door beer access 36' right hand hinge 1 door kitchen access - 32' left hand hinge 2 lights { Eleclricul by owner i:rc2frigorotion: 1 3hp condensing unit-208/230 volts, 3 phase remote to root 1 matching coil • 115 volt with drains installed Refrigeration insulated line set, temperature control, solenoid valve.TXV valve, defrost time- clock, refrigerant R-22 Installed and operating Electrical and roof penetration by owner. • Refrigeration Manufacturer to be decided by • January 3. 2000, Maneurop Hermetic air-cooled Or Copeland hormetic air cooled. Delivered and Installed: S10,S00.00 Less Deposit: - 5,000.00 i Balance Due on completion: S,Si7ti,00 L . _ . . • •ztannaPu Ntestaurantr Equipment Company .,t.. ;3O:U29U '',- m: EAST neocme,.. ' • arse SOOTY �$T rs,S I 16,4 MTN ueuer vuI '. io4 ioutb MAT *MU: .:4 � �� d . ►NODIS. 4442400 e=004 0 SALT Lag CITn VTAM 44LS D of VtS*l MCVADe 15441 a•.•.TIClRNi u0I20Ne e4141 1 N1) sn-trio (Set),-6M4e1 0041 7t0-4e11e •. t 12441 l *•S1/s hie: 1402l Upton rex: (SS&)it44 t{f*ap ►e;( Intl 71e-41 . sat; tete) 77a•OS, i, /iys .y4Po�Q3 I+r 2. z:o 1 • t1 NUAL. I°NOOICE . fIllvig I, • ..:L ODYSSEY !itlajNEs2 CREDIT H • ' 1 ROIJSZ"—` !II. ;Ulm? a?rL P 1 'g?La .tip K IEwL_ASlE ':• i'p SCOTTSDAL*,: AZ.; 85260 G FOUNTAIN HILC,8, AZ 8268 7t1IJI. OATC CVSTONtn A11RR ! ale ►0 e 1 L`7o1E 1YN c.,uti*;iwv*lct u ► KET 30 DAYS: 12/23/99 A! ' Wilk , Cilyilb ''Stock No. _ Oeosriskiotl Price •• Unit Amount •1' EA DLO MT:i8283 CONVEYOR OVEN 18" WIDE , 629i.0 EA` 4 • . _ G7fldoerc ! o_. X 28" BAKING ZONE LEN:TH ► .....'.,..-..,....:..'..:•... ' : r. . kt•' r • SINGLE WITH 4" BLACK I,EC38 • - `. ...._- - - - _.-..._-. - P r.{ i'. ELEVATION 1200 FT • �,1. •'tA+ 'V1$Z-R. - ', VENTHOOD T 1611Lx6 0"Dx2 a 0" • 13 ° :0 EA .. •„" '�'� EXHAUST HOOD WITH MUA �: � •r ;'�? ''l' WRAPPER ENCLOSURE .TO 10' 29�i 0O .EA • ,1L,,,�rt'• ` u,. ''. . . .,� 0 CEILING ONLY .r -�- �'41 : `.ttp...A:, i.• _ ` ' 1CJ1 ..COLI=1.i'S GREASETRAP UPBLAST FAN 65y.OO4J► 1 0 •' .Sri 0 . SHP, 120 VOLTS/1 PHASE ;1' '4.r•.:' tr. ..1. .EA* SALt=1d"10' . _ FILTERED SUPPLY FAN FOR 784..,0N.•$A •�•,..78l.QC1 • 'r' 2.. PIZZA HOOD . 33HP, 120-60-1 , �': • :a 1 •. *. `'� �3 : = - -,f EA MOD1tL' fit' :'',•. MAIN HOOD 10'W x 48"C x 2'0"H 218,.0 Cf l+A :•21&d:0a; •• '0 ;Vt.$4.• ?I/Z• 611? EXHAUST CANOPY f : 1 ' EA. - : I' ,v is WRAPPER ENCLOSURE.TO 10 ' . 29E . 00f EA •(,• 29 .00 _�........-•.-., ram. .. ........-...--.�..�-.-...----•-- , - T CEILING ONLY I. ,; - :i► • .{ sNlPreo Vltt ^stye TOTOi STANDARD SA1.EE Tar • i QNDITION8 OK:`•*AL : No nerthendiee to be returned uitheut our perniasian. DELIVERY tpt;ocking cMr a of: sill.be made Interest of 21 per moth will be cherged or all uit T rf,;. 'crop 4s not paid ill 0 4 . If 'collection is node by suit or otherwise,. the purchaser UGC FILm.FEE. ' trots.to ley interest until pile. collection cost, including a reeeonable,attorney'e . : 4 1.0' d seller retaips a security interest in ill merchandise listed above until prig TOTAL. jr tfi.fuli. Seller,shell hove all rights with respect to the nerchantlit of i securrd -"'-` .p.;1 trty.ea by the unifertt cannerciel code granted. • DEPOtIT • _ _ • ' • L ..,.„ . ..„ •:. . .• . .• . .• . ..•.. . . . . .• . • • . .. . s ..A. . . .. j . • • 303 133Y G&vativ.LE LE•E 1 (a3M) oo so LS'S! SLL L09 : 8/L 39�,t # / /UV .� r >eO! [Cif MCesMtL�<' sin lOUTN west Ti�I�t Sul 10YT11 VKlt;t wi[Y eve tIIUTN CMcetr ewwt r Air' MINX inn* Woos Q UA.T 04 cXrr, Vt.M i411$ O lail 4tea14 ',Vex t%iia D TNdtlN, b Zjp* :1461 cent Als-tst�o uoit ua•ae1' tlM1 i1A•etn . tile) etl-teal y ►M: ie011'.170-1RR ter (Oft) aiL•tisZ tax: out) TN-t4ii ,tot: fix.) 770• ,it z .. it • ,. -CD1U 1 z i .,..,bggvl,LT r 3?.79 'iD. 7950 E'. ' REDYILLO RD: SUITE 2201 16828 E. PARXVIEW AVE. , D 2 $5280_ P,,. _ S'QUNTAIN HI L3, A . 85268 ; v _ T oen cWITMR Oaouu a et /0 a 1 SOUfinal). COMNtta trdfR sE NET 30 DAYS 12/23/99 ;- - - L38 4 Unit, ComelierStock MO. 0 scri lion Pr ee ni A ow t F�,i _AR GAR,48Q-48-CC! RANGE LP GAS, LEFT TO RIGHT .� _608 10 it • , .I:. • .,, � 1, d // A« AUA .4Z, GRILL NANL ?:ONTROL3'"'"" , 4 -Byraptak.g.....—...—......----.........--........., ..._...... nor 2 EA 'CONvECTION OVENS _ 11111111 I 72-" LONG i'atf- El:EVATION CI l► • NGOa' . SET or CASTERS M �224 a , - ;4;4-F VCt9._...... -- . . 0 4, EA RiJ3T2D18 NoA►ir 3 CONPARTNE MINKS —t, a Dial �� i. - i Gx 19at --�98z8t'A .tea., ..,�. i �.�7 �* tetrI --- FAUC A m hol •• .-, _ • . , 18" WI.DE, _OvERALL 90" LONG Eli ., ...1 EA T6B62X ' N fZ, 12" NOZZIE To ,; - _ •4 44 4. 111 • • • • • . SNIPPED UTA SUR TOTAL.' I STANDARD SALES 1AY; I• 7 • : )NDITIONE OF AL Ns nartherdieo to be returned uithout Our pa,nirf+ion. of LIVERY!tucking charge of x stil be gado. Coterie* of ZS per ninth will be charged an all:puns oat paid in 0 dap, If collection is node by sett or ekhorvise, the purchaser UCC FAIN •.FEE lees to pay interest until paid. collection cost. including a reseonable attorney•, �•ens seller retains ,a'aeeo Ste interest in all narchendise ti.c►es about until paid T01AL •,in full. Seller shall have all riphte uittt respect ko the ntrchandise of a sucupe0 .. --, -- tr.as No the unicorn tennsrcial code granted. OEL I1 `' •,1 ' • BALANCE 1 i A. i, ihr• l .'. . •`� S/5 3Jrc LSSZ SLZ L09 i itz Is=1f 411WONvis S:;£t (C3A) CO . 50 sad -?aY . ), ztanoaro Kustaurant hquipment Company 300.300 �� AK PU (aft Nc.amt..' BIOS SDOtN N(MT. MOLL 4$ Ins Meta aRi�pna otOOS. 011, LNRC ci1YI V)NM !ILLS 'R WlL(f viiN Iot O4 * CAM �1170 ;` �1 �78-aNe D' Q L $ ui/d• Mivaoa atNLI iuctQN+ *NiiuNa upL1 410, ,? : c- Nei! 1u lie,• I fe1, Pos-01eo relx: t♦Cil I?I-Zise l },.., °rLx: aoa, lK-d18! �: t elf-leaf rex: c�u�� lee-��11 rex: tiles 770-ff1e • " N eMnc 2 7 . • N U O l C E . st. cat $1 . ?;.S ODYSSEY BUSINESS CREDIT • 73279 ,,a .� H' PARICVI$FT TAP HOUSE q 7950 L. REDFIELD RD. SUITE 220 P 16828; E. PARXVIEW AVE. 4 scoTrsDALe, As. 85�60 FOUNTAIN HILLS, AZ. 85268�.� - �' � � 'MIN Oast c a NET 30 DAY$ (wane *VD a VP Po e 12/Z3 J99 aauta tNM= Kb St 0 it Co ut Stock No. ...._._ I ea CNU•188 Oeocription Pttco. , 11„ ni} *now* GREASET, RAP UPS LAST FAN 979. 0 ea 9796904 ....._.,_ 9 8 ? 64k 1.5HP,.. 0 V Tg/2. PHASE .... . 1 eke sAU-Za-12 FILTERED SUPPLY FAN 5, 10 """""' '' ea 823. I1 • I ,n .5MP 120-60-1 PHASE 11111 1 ea ANSUL R-102 ARE SYSTEM —"""""" NNW / � t AiET. CHEMICAL 10 , ea 1686: �0 4 �' 3 _ F.,IRE SU�PR S8 ION SYSTEM '� WALL MOUNTED G em A 1 C. 6 o0 0 la (p it , 7 -a a� 6 DIATNER 24 -40, t _P_z4 x 4 8 .1..1. - MCRZ-1Q1�•��' � �. F EEZE �� CR Q$S ,,... �0 a4 l6��,�q ii t 228-4Q-1 taut__ : 041 . 0 as 44O4V1 0 ,44_ eit1 =U447 . .N SXOOL, WITH{PaR p S t/A&NV 96. 1 T ,. -Q ea 42�44)4 . . ' 2._ail ?r.1? i , - Ci c o �� --- ....... ...:.. ). . --- -... 4 SNIPPED UTA • ,._SUB tome STANDARD ' • :ALES:NDXTTONB OR .S i.Q• No merchandise to be returned ujtheut nor permission EL.Zu TAX etockin charge of. 5 u111 be made. Interest of !X per month sill Os eherged on all !ILIUM toylike hot paid in dsys IF collection 1$ aide b suit er otherwise+ reel to sayinteres!!!!!t Wtl11•paid, collection tort, including a reasonable ,attorrneyi=er , UCC FILM iiC FEE e and tellr retains a leerily interest. in oil merchandise listed above until paid Tot.r in Full. Seller OM hiss all rights with respect'to the herchandise of a secured '� rig ae by the offers eaMN*refil code Stemted -` Cf FOSIT • • • BALANCE . _ , L',.;J., .:.. . ' . . 8/S "3�vd ESSZ SLZ b04 403 1.c38 QyvCNr/ZE SS 5 t (C3M) 00 . 6C '133 fY . .+ba uwa, u maacaurdm cqu1pment ampany 30�0301 Rete LAST Nc5QYtu' MO SOUTH Nt1T TLI►LL sees tltlatzs, .4AflosA eskos Q f*tT Lau cZTti UTAN euu f ��TN wary Ku tNE i, MAY ism I TApe1 t7fdf.#0 �I W Vf.ioj� M,s.e, Ntii �� TKiI5 ARiiONA u7t1 ties, ut-asal i7a 1 71o.6•1e rax; (hat) ree-Sfe* FRR � Os1 IH-t}I1 spy i 1q Teo•uti :(5 iN-1W rax: ceea!' SWIM E CIfiT, CON t �:g ODYSSEY BUSINESS CREDIT , illiw +[!— 9 PARKVIEW TAP HOUSE 73774 :� 7950 E. REDFIELD RD. SUITE 220��PH•..�.�.�_�_�.-^ t l6828 E. PARKYIEW AVE tI SCOTTSDAL$: AZ. 85Z 6 0 • �� ,,,,___ d �1r0UN1^AIN HILLS, AZ. 83268 • 1 NET 3 Tr DAYS Om tt ' CUSTOMER R a ae 'o iv 'f MAttNMN �. ! /Z 3 99 ' + COMM SCE M -. I,JB Oby Unit Cgsoi#er• stock No. • Oest t kion 52 ea rMU447� '� �Ne S CHAiR' PADDED SEAT WALNUT . Price Unit Anounl �• 66'. , 0 ea 3 32. .10 _6.#� Eg0:42 AYoN•10 30 x 42 BOOTH TABLE TOP 1" =-•�..� • � FLAT END • . . • ABOVE TO BE BULB, NOSE WAOD Etta • WA W QN " .�..,�.r —..,.,_,., D _7-9-64 HUNTER GREEN -_ �< SINE BOOTH _ Q • �.�. -. • — -- �--+ SNIPPED VIA SUS TG1AL ITXDN8 OF ALE:: No nerchandiso to be returned uithauk ourSperN iu n, VELIUE1lYN �ND • etockia9 clump ot: S 'sill be nade Interest of 2% per month trill be charged on all Counts not pad in days. If collection is wade by suit Or ebteraiae, •the p',rchosar ,UCC FILING FEE , e andkue leriretains eeeuriky,interii!iin ulltnerchind p listedoshove untilhpa e r in NI .• Selller••1Aall. have all rights with respect to t:he Nprchendifr of a ;secured TOTAL cty'as tg the unison'm connorcial code rooted. - DEPOSIT ' _BALANCE__ ,ate. . °/t+ 3:�i L_-. , 56Z Z09 I d03 139Y QYrGKwZs b5 £t :Q3H1 co , 60 '334 L ''' .. . . v/1, am,ua, U ReSjaurant .rqulpment Company p y 30030. 2 -, Set= LAft ACPOU[ZC' $100 SOUTH WV Tp.Lg se7; $WTI. usury vt=M ►�"t ' AMINO 'flea q Sim WS eLm midi S4t1$ LAP MAW, NL M s SOW 1°u south maim AVM "�_ ,. Mai t et � j} rvao>t, Aei2aMA ism i'�»' ttot) LAP-Pf» ' (7427 7q..Pet ` 6 } I NVJ tact, 47t-ROLL PO: ($f11 1t•11ft FAY: tpos, 711•Ht4 (Rol c ism sto-eeor L a d3 • .fr in . MANUALL I:�-E��-�• ►• in Iffil .G ODYSSEY BUSINESS CREDIT H P1lRKYIT+1 TAP FtOU,SE .ti0 7930 $. REDFIELD RN. SUITE 220 _._..._.,.. _ 1fi828 S . PARK�'IFw AVE. .0 SCOTTSbALE,;'ARI'SONA 85260 �Gw FOUNTAIN HILLS, AZ . �� _ 85268 OiTt cuJTONRI PRO 0 OR ►o I ` .SPURNAR -_� r NET 3 0 DAYS •1 Z/2 3/9 9 avi+wra :Mvtzct Ia S . Unit_ ConoUtir • pck No. DeRcri Lion � • ,Q P..,rici Unit AMoont { I ea' MCRRST,.S9-4EN SANDWICH REFRIGERATOR 24 PANS 'i999.00 ea 1999.. 00 i �-•- . 7 120-b0-1 PHASE MC Call — e'" i^----+-� LL.48" MUG CHIER• BLACK 120-60-1 1569.00 ea 1389.?0 , BEVERAGE MR ea,•: XECICLE-1154 DISHWASHER 12Q-60-1LOW TEMP ;773.00 ea 27732)0 ;_ 21 WIDE KNIGHT MFG. --•......CCCHEBT Wkt,t1 SEALED N CD D ' 2 Z �mi�R• to1 ,PLATE 36" W � � .�-..� 669. 00 ea lL7.38. N. cZ..._ ;natant IVY ` MOW 6 EED RAIL " .� ♦ �'"• ,._es Ri1,�Q�9�p' TA LE 3 r — r-•—"'"_"""""' 4 • ge 1 Q 64_�"Il�'F3 4 TURN VP �98+�-9ia 19 , Q _BACKSPILASH S16 Top=oLIj . , STANDARD�� SA E2 TAX • IND1TION6 OF g LLEi so. nerchen iPe to be returned uttht,t our pernissior•. pi LIVERY Ptocktn her ♦ of l� u111 Si ease. interest ♦f t= per month win to charpeJ MI ell couot}ene€ paid in. IQ Ony f colledrion Li made ), suit or Wields', the pilaw UCC FILING FEE ply irtarelt •NOW paid, celltttton cost, including a ria.c,noole atto-nrd s �. _; r end u.11ir retains", Security interest in ell pereh<ndist lifttd above until paid- TOTAL in full, tiller 1421-haw 111 rights with respect to the nerchendfs♦•of a e«cur♦d " - • .tv in by the unif•rt{,COnlitreiel code smutted. • • • MAKE • • - 9/9 '3CY3 Z:SZ SLZ Z09 t 103 S:;?Y QUWINVLS 9S Et (G3M) 00 . 60 334 64 7/16/ - _-_ --- -• ••0 44a 6 WrI lid+IY ti.I.�I.'epdIll ll� ti � G bUlll�d(Ud auV�4il�s 1$*t EAST mama • T100 lOUTM Mtl1 TIM+IR CNIA4T WOW �; rl•0=1Q>t. _aR111u1A o/ao8 Q sa�T oo 1 t:YTT, 11 N gen f1lm wm.eT VI[N a9t "MN ISM) t7NKs0 ctrou as-ease •,ut a f k WOO/ WAN true Q 1vGlDMI MIN.1I i ► IOW IP1. //3 / Mil !�l�4Kt t7 7I 71e•I►»/ t!!0! 77 .$ MIX: t70SI flt+/8f>< / me) 77�RtM 5 • irtult or tt;i'7 l is "� , . 131 CUT. (♦ U5 ODYSSEY HVSINESS CREDIT ' '` 1. u PARKVIEW� HOUSE73279 "'. L 7950 E. REDFIELD RD.. SUIT£ 220 ' p 16828 E. PARXVIEW AVE. "•p SCOTTSDALE,• AZ. •_'""_ as260 . • �;' d FOUNTAIN HILLS, Az. $5268 . .. • .. �� " �' • �'r �= cameo MU a O11 b e sAit�_ . NET 30 DAXS ' 1.2 , 3 99 c�Irultlt t,ws=tz ua r; .UV J . vtsr 11ocR 11ei LJB ,...... �— Descrijtion _,., ___ ce Unit An• n Ern • TABLE 30 x 36 WITH 4" TURN UP_^148. •0 ea , . Nis w ¢ N �.------.��_ SACKSPLASH KD. VS 'OP—OALU __ ■_ - UNDERSFfELF� ACI MFG. '111 - LT3 CS R WI—...TK..�LS FRY P . FRYF ,f ,CA,As 659. • ,In ff".1 P I,.Ea TCCJ Q. e av92'.) Z 6.51.WIDE BL K.a :. .� I I Mil ij .: • ',', 'B 8•T, 'LE COQLEIL,�2Q:.10-1 II - 1111121 : ••• . ....::--...4;,.......•..V.147.gg..5....F.a...r.W.E.S........--___.........--..... . 1 IIIMIMIIIIIIPII • ' PI- ��` _ MITI �•...M..- ._.�.....--.....�. Ili • 1111111111111111111 1111111=111 • *UPPED VIA S0O TOTAL STANDARD SA El ONDVTIoNB OF SALE: $4 nertbendire to be re}urood yithovt our perntesion. DELIVERY }stacking char of ISt uili be ncd .. Interest of IS per nonth trill be charged en all counte.not pa11.i4 38' dap. IF coaloction is n de by rust or oth•ruise, '.I'. purchaser , UCC FILING FEE Trues to ppy interest until paid. collection co e *steelier resins a securit Rterest in ell rchant. dive above ntilrl Aao -T . ►r In full. Maim: Mal have all'riyhIR with rosppeetato1Ehe'nsrchandiae 01:talS cerod ..TOTAL:rtyi as by kb. uaifsru. misers/el ,Code grouted. • UEIQSIT • • ,;, bALplt E • °iL '3w� zssz SLL t09 t 402 161.11 QBvarcvts Li 5 I taut) 00 . 60 0333 P . EQUIPMENT NO. INVOICE NUMBER: 545534 PAGE: 3 ;Z '� INVOICE DATE: 03/02/00 DC 85008 '#: (602) 275-8550 C SOLD TO: BARRY PASIS,LEASING SHIP TO: PARKVIEW TAP HOUSE 1099 16828 EAST PARKVIEW AVENUE 7523 EAST DE LA 0 ROAD FOUNTAIN HILLS, AZ 85268 SCOTTSDALE, AZ 85255 PH#: (480) 563-5606 FAX: (602) 993-6467 ORDER # ORDER DATE ACCOUNT # SALESMAN PURCHASE ORDER # SHIP VIA SHIP DATE TERMS 806321 03/02/00 73279 LLS/DEANM BRAD WILL CALL 03/03/00 NET 30 DAYS STY CASE QTY QTY UNIT EXTENDED 1RD PACK SHIP B/0 ITEM NUMBER DESCRIPTION RC# PRICE % TAX PRICE L 1 1 0 CRM760 DRAIN TRAY 17228 A 19.00 30.0 Y 13.30 1 4 0 TPC1018BK BASKET - LOAF BLACK 95817 S 1.58 30.0 -8' 4.42 3 1 3 0 CAL500 DISPLAYETTE, RESERVED SIGN 71874 A 2.20 30.0 Y'-', '' a4.62 L 1 1 0 PEL03533 Y32R - PORTION SCALE RUSTLESS 12445 A 84.00 30.0 Y 58.80 L 1 1 0 HALHLTDS TOOTH PICK DISPENSER S/S 27722 A 31.80 30.0 Y .. ,: 22.26 3 111+ 1 4 0 TPC800 CHEESE SHAKERS - 12 OZ. 12378 S 2.08 30.0 Y -'S.82 I 1 2 0 STANDRG-SSH SALE 10 OZ STAINLESS STEEL DRE 91057 A 3.37 0.0 Y 6.74 '. 1 2 0 TPC600 OIL & VINEGAR CRUET - 6 OZ 18- 9808 A 1.80 30.0 Y 2.52 1 4 0 STANSB-12C SALE 12 OZ CLEAR PLASTIC SQUEE 88872 A 0.22 0.0 Y 0.88 1 1 0 EK01100343 PASTRY/BASTING BRUSH 1" 8" LEN 9386 A 1.56 30.0 Y 1.09 L 1 1 0 EGE5607 SALE TOMATO STEM°CORER 97708 A 3.00 0.0 Y 3.00 '-0 1 20 0 STANWR-606 H.D. SHAKER /PACKET RACK (.R06 87863 A 7.00 40.0 Y 84.00 L 1 1 0 CAM18269P--148 FOOD STORAGE BOX 12.5 GALLON 2184 A 31.50 40.0 Y 18.90 . 1 1 0 CAM1826CP-148 COVER - 18" X 26" POLY FLAT 1266 A 15.70 40.0 Y 9.42 1 1 0 V0L46901 LADLE-1 OZ. 11-5/16"LONG 10383 A 3.10 30.0 Y 2.17 1 1 0 V0L46903 LADLE-3 0Z. 11 7/16" WTIML-3 10385 S 4.50 30.0 Y 3.15 1 1 0 DEX27561 (85859PCP) 5" X 4" HAMBURGER 3079 A 24.25 30.0 Y 16.97 1 1 0 DEX27540 (58698SQ-PCP) 8"X3" TURNER 15443 A 24.15 30.0 Y 16.90 ***** CONTINUED ON NEXT PAGE ***** EQUIPMENT'' O. INVOICE NUMBER: 545534 PAGE: 2 ROAD �-' INVOICE DATE: 03/02/00 DC AZ 85008 1PH#: (602) 275-8550 Ar SOLD TO: BARRY PASIS.LEASING SHIP TO: PARKVIEW TAP HOUSE t- 1099 16828 EAST PARKVIEW AVENUE 7523 EAST DE LA 0 ROAD FOUNTAIN HILLS, AZ 85268 SCOTTSDALE, AZ 85255 ) PH#: (480) 563-5606 FAX: (602) 993-6467 ORDER # ORDER DATE ACCOUNT # SALESMAN PURCHASE ORDER # SHIP VIA',f! SHIP DATE TERMS 806321 03/02/00 73279 LLS/DEANM BRAD WILL CALL 03/03/00 NET 30 DAYS QTY CASE QTY QTY UNIT EXTEtOEI 1 ORD PACK SHIP B/0 ITEM NUMBER DESCRIPTION BC# PRICE % TAX PRICI 1 4 1 4 0 .R04524 GLASS HANGER RACK 24" 1724 A 11.00 30.0 Y 30.81 4 6 1 6 0 3R04516 GLASS HANGER RACK 16" 15977 A 9.50 30.0 Y 39.91 2 2 1 2 0 CRM754 MAT - "SERVICE ONLY" 17229 A 24.71 30.0 Y 34.5: 1 41 1 41 0 STAN263-8K ASHTRAY 4"X1 1/2" - BLACK 89188 A 0.73 40 Y 17.9 1 1 1 1 0 V0L30642 SALE ONE SIXTH SIZE PAN 4" DE 16652 A 5.98 0.0 'Y - 5.9 (10, 1 1 1 0 CAM6OCWC-135 COVER FOR 1/6 SIZE PANS CLEAR 14937 A 3.40 40.0 Y, 2.0 1 2 36 2 0 STAN,9T130-030 HARBOUR - DINNNVER FORK 95136 A 42.48 40.0 Y '4 50.9 . 2 36 2 0 STANWT130-001 HARBOUR - TEASPOON 95136 A 28.44 40.0 Y 34.1 2 1 36 1 0 STANWT130-016 HARBOUR - BOUILLON SPOON 95139 S 46.44 40.0 Y 27.8 6 12 6 0 DLC1248710 BELMORE - DINNER KNIFE SOLID H 15627 A 7.80 0.0 Y 46.8 4 6 4 0 CSL5540-07 PITCHER VERSA POUR 60 OZ. POLY 78R27 A 29.70 0.0 Y 118.8 9 2 1 2 0 V0L52651 CUTLERY BOX- 4 ROUNDED COMPT. 4346 A 9.00 30.0 Y 12.6 5 1 1 1 0 AMC3512 SALE PIZZA PEEL ALUMINUM 12"X1 933 A 5.52 0.0 Y 5.5 4 1 36 1 0 STANWT130-016 HARBOUR - BOUILLON SPOON 95139 S 46.44 40.0 Y 27.8 2 1 36 1 0 DLC1248510 BELMORE - TEASPOON 1DZ/BX 15701 A 26.64 40.0 Y 15.9 2 1 36 1 0 DLC1248530 BELMORE - BOUILLON SPOON 1DZ/B 15634 A 42.48 40.0 Y 25.4 1 1 1 1 0 TRC2751 BAR CADDY 28101 A 13.35 30.0 Y 9.3 (ww 1 1 0 V0L46788 CORKSCREW & CAP LIFTER WINGED 352 S 12.30 30.0 Y 8.E *****************A A A A A A A A A AA****** ***** CONTINUED ON NEXT PAGE ***** **********AA AA A******************* c'- STANDARD�.�STAURANT EQUIP 6O. INVOICE NUMBER: 545534 PAGE: 1 2922 E MCC ELL ROAD INVOICE DATE: 03/02/00 DC PHOENIX. AZ 85006 e (602) 275-8550 } SOLD TO: BARRY PASIS.LEASING SHIP TO: PARKVIEW TAP HOUSE 41 1099 16828 EAST PARKVIEW AVENUE 7523 EAST DE LA 0 ROAD FOUNTAIN HILLS, AZ 85268 SCOTTSDALE. AZ 85255 PHI!: (480) 563-5606 FAX: (602) 993-6467 - ORDER # ORDER DATE ACCOUNT # SALESMAN PURCHASE ORDER # SHIP VIA SHIP DATE TERMS 806321 03/02/00 73279 LLS/DEPNM BRAD WILL CALL 03/03/00 NET 30 DAYS QTY CASE QTY QTY ,:. UNIT ''4EXTENDE ORD PACK SHIP B/0 ITEM NUMBER DESCRIPTION BC# PRICE %'rLLTAX ' PRIC 1 1 1 0 SSL001/2-SQ XL 1/2" POLYBOARD 80739 A 54.00 0.0 '�11 --54.Q Ref# 24X36 1 1 1 0 STA7C-B BLACK COOKER 7 QT. 23778 A 355.00 0.0 Y y,u'. 355.Q Ref# 71100001 4 1 4 0 RCP2956-BR WASTEBASKET - RECTANGULAR MED. 7651 A 5.48 30.0 Y ' 15.< ' 2 1 2 0 STANOR-80 SALE REFRIGERATOR THERMOMETER 84893 A 2.97 0.0 Y 5.� kr, 1 1 0 TPC1547B TOTE BOX - 7" DEEP DIVIDED BLA 330 A 12.10 30.0 Y 8., 1 1 1 0 STANIPC-07 SALE NOTCHED COVER FOR 7 QT IN 91078 A 6.24 0.0 Y 6.; 1 1 1 0 CAMI827-148 INGREDIENT BIN - 27 GAL WHITE 6766 A 250.00 40.0 Y 150.1 ,1 36 1 0 LIB14801HT 200Z ENGLISH PUB GLASS 64094 S 93.60 40.0 Y 56. ' 1 48 1 0 LIB5139 MIXING GLASS 16 OZ 776 S 91.20 40.0 Y 54. 2 36 2 0 LIB3757 WINE - ROUND BOWL - EMBASSY 10 5730 A 108.72 40.0 Y 130. •,,. 4 24 4 0 AHC176FU SALE 16 OZ MIXING GLASS 24/CS 77542 A 19.92 0.0 Y 79. 1 1 1 0 STANACOL-13 SALE 13 QT STANDARD DUTY ALUMI 90996 S 16.28 0.0 Y 16. 9 1 9 0 CA160CWC-135 COVER FOR 1/6 SIZE PANS CLEAR 14937 A 3.40 40.0 Y 18. 5 1 5 0 CAM60CWC-135 COVER FOR 1/6 SIZE PANS CLEAR 14937 A 3.40 40.0 Y 10. 4 1 4 0 TRC6010-06 3 SPOUT PITCHER BLACK 81323 A 9.79 40.0 Y 23. 2 1 2 0 CAM2OLPCWC-135 1/2 SIZE LONG COVER 23498 A 9.65 40.0 Y 11 2 1 2 0 V0L30542 HALF SIZE LONG PAN - 4" DEEP S 13963 A 33.20 30.0 Y 46 (vow 1 1 0 EDL2 #0121 CAN OPENER - TABLE STYLE 3479 A 72.00 30.0 Y 50 ***** CONTINUED ON NEXT PAGE ****" *********A A A A ANT EQUIPMENT 60. ROAD INVOICE NUMBER: 545534 PAGE: 4 AZ 85008 INVOICE DATE: 03/02/00 DC 1 #: (602) 275-8550 SOLD TO: BARRY PASIS,LEASING 1099 SHIP TO: PARKVIEW TAP HOUSE 7523 EAST DE LA 0 ROAD 16828 EAST PARKVIEW AVENUE SC0ITSDALE, AZ 85255 FOUNTAIN HILLS, AZ 85268 PH#: (480) 563-5606 FAX: (602) 993-6467 ORDER # ORDER DATE ACCOUNT # SALESMAN -`" 806321 03/02/00 PURCHASE �� # SNIP VIA -.-_,I.73279 LLS/DEANM SHIP M DATE TER , BRAD WILL CALL 03/03/00 NET 30 DAYS QTY CASE QTY QTY PACKORD S SHIP 8/0 ITEM NUMBER UNIT " ErJ DESCRIPTION BC# .:EXTENDED` 1 PRICE % TAX PRICE 1 1 0 VOL61150 SLOTTED SPOON 15 1/2" OVERALL 10672 S 9.00 30.0 Y 1 1 1 0 VOL58044 `6'�30 SALE 4 OZ. KOOL-TOUCH LADLE 10626 A 12.19 0.0 Y 1 1 1 0 DEX27551 (858 �.� 49PCP) 4" X 3" HAMBURGER 3078 A 20.86 30.0 Y 1 1 1 0 DEX17040 14.59 (S496) DOUGH SCRAPER 6"X3" BLA 3090 A 11.95 30.0 Y L 1 1 0 JR02307 8.36 ROLLER DOCKER - S/S HANDLE, S/ 102460 A 30.25 30.0 Y } 21.17 1 4 0 CAMRFS6-148 FOOD STORAGE CONTAINER - 6 QT 12293 A 3.90 40.0 Y 9.36 ` 1 1 0 RCP2610-WH BRUTE CONTAINER - 10 GAL W/0 L 7107 A 15.20 30.0 Y 10.64 1 1 0 CSL40461-03 GLASSWASHER TRIPLE BLACK (95) 23067 A 29.11 30.0 Y 20.38 1 1 0 CAM200MCCW-135 ME ASURING CUP - 2 QT CLEAR 14605 A 12.06 40.0 Y 1 1 0 RCP2609-WH 7.23 LID FOR 10GAL BRUTE WHITE 7163 A 5.22 30.0 Y 3.65 1 4 0 CAMRFSC6-148 COVER - FITS 6-8 QT POLY CONT 14132 A 1.35 40.0 Y 3.24 . 1 0 . RCP3540-6R SLIM JIM 23 GAL RECEPTACLE 7770 A 42.22 30.0 Y 1 � 2 0 STANPS-17 29.55 SALE 17" OVEN MITT 91107 A 3.72 0.0 Y 7.44 1 1 0 RCP2673-BR SLIMJIM UNTOUCHABLE TOP - FITS 7631 S 25.12 30.0 Y 17.58 1 2 0 STANT-12 SALE 12" STAINLESS STEEL SPRIN 91137 A 1.25 0.0 Y 2.50 1 1 0 STANSKM-7SM SALE FINE MESH SKIMMER - SQUAR 84885 A 3.26 0.0 Y 1 1 0 FMP280-1216 3.26 SHARPENER, KNIFE (ACCt, gRP) 59954 A 9.95 0.0 Y 1 1 0 STANPAN-5 9.95SALE 5-1/2 QT ALUMINUM SAUCE P 83401 A 16.68 0.0 Y 16.68 ***** CONTINUED ON NEXT PAGE ***** wl EQUIPMENT CO. INVOICE NUMBER: 545534 PAGE: 5 np., INVOICE DATE: 03/02/00 DC 'Z 85008 ': (602) 275-8550 SOLD TO: BARRY PASIS,LEASING SHIP TO: PARKVIEW TAP HOUSE 1099 7523 EAST DE LA 0 ROAD 16828 EAST PARKVIEW AVENUE 1 SCOTTSDALE, AZ 85255 FOUNTAIN HILLS, AI 85268 I PH#: (480) 563-5606 FAX: (602) 993-6467 ORDER # ORDER PATE ACCOUNT # SALESMAN PURCHASE ORDER # SHIP VIA SHIP DATE TERMS<` 806321 03/02/00 73279 LLS/DEANM BRAD WILL CALL 03/03/00 NET 30 .YS 1 1 QTY CASE QTY QTY ORD PACK SHIP 8/0 ITEM NUMBER DESCRIPTION UNIT ,, CCTENDED; BC# PRICE TAX ':PRICE 1 1 1 0 VOLE0160 SOLID SPOON 15-1/2"OVERALL 10665 A 9.20 30.0 Y '6.44 '= 1 1 1 0 VOL47064 14" FRENCH WHIP ECONOMY 5097 A s 9.20 30.0 Y 6.44 1 1 1 0 VOL47708 HEAVY STEEL STEAK WEIGHT 20879 A 21.20 30.0 Y 14.$4 3 1 3 0 V0L67010 FRY PAN 10" SGA. POWER COAT VO 11691 A 28.30 30.0 Y 59.43 2 1 2 0 EGE242.3119.15 SALE 6" BONER WIDE STIFF 102008 A 6•05 0.0 Y 12.10 i ,, 1 1 0 EGE242.3028.20 SALE 8" COOKS KNIFE WHT POLY H 101999 A 10.36 0.0 Y 10.36 1 1 1 0 EGE242.3088.26 SALE 10" COOKS SANDWICH KNIFE 102001 A 12.75 0.0 Y 12.75 1 1 1 0 EGE542.6001.36 SALE 14" BAKER'S ICING SPATULA 104308 A 7.76 0.0 Y 7.76 36 , 1 36 0 TPC1076G BASKET - OVAL FAST FOOD 10-1/2 9733 A 1.00 30.0 Y 25.20 23 1 23 0 TPC1074G BASKET - OVAL 9-3/8" X 6" X 2- 6715 S 0.64 30.0 Y 10.30 12 1 12 0 GETB-105-MGC 100Z 5-3/8" BOWL IARDIGRAS CEL 108763 A 5.36 30.0 Y 45.02 12 1 12 0 GETWP-7-MGC 7.5" WIDE RIM PLATE MARDIGRAS 108762 A 6.01 30.0 Y 50.48 12 1 12 0 GETS-1611-MGC 11" PASTA BOWL MARDIGRAS CELEB 111907 A 8.88 30.0 Y 74.59 *****'*'**************************** ***** CONTINUED ON NEXT PAGE ***** ' • EQUIPMENT CO. INVOICE NUMBER: 545534 PAGE: 6 ROAD INVOICE DATE: 03/02/00 DC AZ 85008 (602) 275-8550 SOLD TO: BARRY PASIS.LEA5iG SHIP TO: PARKVIEW TAP HOUSE 1099 16828 EAST PARKVIEW AVENUE 7523 EAST DE U1 O ROAD FOUNTAIN HILLS, AZ 85268 SCOrMOALE, AZ 86256 l : + ) 663-5606 A (602) 993-6467 i OOER''1, ',ORDER DATE ACCOUNT # SALESMAN PURCHASE ORDER # SHIP VIA SHIP DATE TERMS 806321 03/02/00 73279 LLS/DEAM'1 BRAD WILL CALL 03/03/00 NET 30 DAYS QTY CASE QTY QTY UNIT EXTENDED ORD PACK SHIP 8/0 ITEM NUMBER DESCRIPTION BC# PRICE % TAX PRICE � � a 1 1• 1 1 SALE AMOUNT: 2422.79 3 SALES TAX: 0.00 SHIPPING & HANDLING: 0.0e 5 TOTAL AMOUNT: 2422.79 AMOUNT PAID: 0.0e REMIT TO: STANDARD RESTAURANT EQUIPMENT CO. PO BOX 65189 AMOUNT DUE: 2422.7S 1 Salt Lake City, UT84165 BUYER HEREBY GRANTS UNTO SELLER A SECURITY INTEREST IN ALL MERCHANDISE LISTED ABOVE WHICH SELLER SHALL RETAIN UNTIL SAID MERCHANDISE IS PAID FOR IN FULL. iN ,6REEMENT: If not paid by due date, a FINANCE CHARGE of 1.51 per month (18% annually) will accrue from date of invoice. chandise is to be returned for credit without prior written approval subject to restocking charge. NO WARRANTY: As these products will be used under conditions beyond our control, except for express Manufacturer's Warranty No Representation or warranty, express or implied, concerning the results of use or handling of these products is made. THE PURCHASER WARRANTS: That he is Financially solvent as of this date; that the undersigned is authorized to receive these goods and sign this agreement; that products received will only be used as per direction of product label and further agrees to pay all costs incurred in the enforcing of this agreement including reasonable attorney fees. When SERVICE is rendered, BUYER is responsible for all labor and traval arnancac not cnvered under factory uarranties. RESTOCKING CHARGE OF AT LEAST 15% WILL BE MADE ON ALL ITEMS RETURNED. ARIZONA PROPANE CO. , P. O. Box 3629 Scottsdale,AZ 85271-3629 10225 E. McKellips Rd. PROPOSAL A N D CONTRACT Phone: (480) 990-2245 Fax: (480) 990-1620 Arizona Contractor's License# 125007& 125008 Proposal Submitted To: Phone: i€/CX 44-6) Y( Date: TA F 1-1OvSc� S,A/2 of Gs1. 0 73/- .s Z / /,(:. Street: Job Name: ` 7 / ,Y2 ' /7,9/2K v/r_ ,J City,State&Zip Code: Job Location: fa eixi 7-4 7,s- ,//t C. 5 7- ZCeY. Salesman: Pool Co: Work Phone: We hereby propose to furnish materials and labor necessary to install the following: l )(I57J/Ji GAS ..Sro3 O /v .5C. 4 > w µ /' 2 /C,(x T5%!, -L-L fL,�J/u t , 'U4L rr-1N,� oFL /' /7 eD / 772 ' 1' L ,.S o y cos i a-•s. 4: 4Z F /v/�%�f /k-_-6, /,,:---1)& ,/ , 6 i i 7 A p t'. _c A -2, ,Ec. ,=,< S 4ip pb 'T'p 5 7,4 r7 j ( As v '" ' I-2 f' /1 r ,4ri 7- �, 7-ir ) �"Z— Arizona Propane Co. is not responsible for relandscaping, excess dirt removal or damage to Subtotal:/ 7 Q existing water, sewer, electrical or sprinkler lines. Excavation bid is for normal digging conditions only. Hard digs could alter the prices for labor and excavation. ' `-7/- , Tax: `e 73 Total: J / / '. 7 3 Please initial box after reading above. WE PROPOSE to furnish m terial And labor- complete in accordance with above specifics ion f h sum of: FC 4�61 i'r;v ' -1,. /--x c if -).. N 7-4,C/Gek- 7)ice ($ //I /426 ) Payment to be made as follows C'.70 V' Fe"$ 'i 34 C 4N c e::- 0 N C o.-,pe - .::i .-*'' -,-,._ •--- )/2// ............(4 ,,:.-authorize Signature Date ACCEPTANCE OF PROPOSAL-The above prices,specifications,and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment wit be made as outlined above,and until the full amount of$ has been paid(plus attorney fees if given to any attorney for collection).I agree not to remove,nor let others remove,any of said articles from above address without the written consent of the Compsny-anct if removed or if I'm delinquent in making my payment then said Company or their agents may enter the premises where the said articles may be and repossess them v,oithout pri. RA-of law(and .hereby waive all claims for damage growing out of such seizure and for trespass incidental thereto). `° . Customer Signature / Date - KI -C F 4� ANDREWS RESTAURANT SUPPLY, INC. UvO_ 86097 R 2425 East Washington Street M Phoenix, Arizona 85034 (602)244-2403•FAX(602) 267-1317 a `al Iuz) INVOICE DATE' -7-/-G /�✓U 24)41 O TO: /6 i•d k A kv,r,. H TO: D -74„/ /4 /6 /2 P L fPa I-3 7- 5.2 (If different than SOLD TO:) - YOUR P.O.No. / ORDERED BY DATE SHIPPED SHIPPED VIA TERMS SOLD BY /'C,c /k (C 4 //V QUANTITY UM B/O SHIPPED UM VENDOR STOCK NO. DESCRIPTION UNIT PRICE AMOUNT )-e‘-. tee- /4-60 _MA/' Ar y /gyp • • • .A'A - /e. e-2J r el ,,)"—:///e-f"/4- 601) . 9.j?) 111 ,,,�//// / IIJJJ� c. /iv, .. cc 1/ 4- -4_ 1 ,_// 2.,- RETURNED ITEMS UNIT PRICE AMOUNT SUBTOTAL �l,A7S N TAX t y, --q(` SHIPPING& EXPLANATION FOR RETURN: CREDIT SUB TOTAL HANDLING CREDIT TAX TOTAL AW Lor CREDIT CREDIT TOTAL TOTAL RECEIVED BACK TO STOCK BY: TOTAL a I L1 7 " 1 Signature We Appreciate Your MVNCH IES NACHOS S VPREME NACHOS'N CHEESE Chips topped with cheese sauce, seasoned ground Cheese Sauce and Salsa 3.50 beef, black olives,tomatoes, onions, guacamole, (kw sour cream and salsa CHICKEN WINGS 4.85 Baker's Dozen(13),veggie strips and ranch dressing 5.23 CHEESE STICKS Veggie sticks and ranch dressing COMBO BASKET 4.urs Fried mushrooms,zucchini, chicken wings,onion CHEESE IIVESADIL LA rings and cheese sticks with veggie strips and ranch Served with salsa dressing 4.50 5.03 FRIES BASKET DELUXE CHEESE CRLSV Choice of Ranch or Seasoned Curley Seasoned ground beef, cheese, onions, bla3k 0111,‘" 3.30 tomatoes onion and salsa BASKET ONION RINGS 4.615 Beer battered FISH rs. FRIES 3.75 Beer battered BASKET OF MUSHROOMS 5.99 Beer Battered with ranch dressing CHIPS ts. SALSA 4.2S 2.75 BASKET OF ZUCCHINI CHICKEN FINGERS les FRIES Beer Battered with ranch dressing 5.99 4.25 .= etr PIZZA ADDITIONAL ITEMS Extra Cheese- Pepperoni-Sausage- Ham-Hamburger- Bacon- Green Peppers- Mushrooms- Black Olives -Jalapenos-Pineapple-Tomatoes -Anchovies 10" 14- A DDTIONAL ITEMS 1.15 1.85 CHEESE PIZZA 5.95 eas HOUSE SPECIAL Cheese,pepperoni.mushrooms, onion, green pepper 6 sausage 9.93 1325 TACO PIZZA Seasoned ground beef, black olives, onions,topped with lettuce, tomatoes,jalapenoes, served with salsa 1c.95 *4.95 ALL THE wAir 13 Items (Anchovies upon request) 15.S0 19.95 (Ilkare PIZZA MA RG HE RI TA Olive oil,mozzarella,provolone,tomato slices, shredded parmesan cheese A Classic Neapolitan Pizza!!! S.2S 141.25 113VRGERSi SUBS S ViH includes chips&pickle. Add fries or Onion Rings .85 "TAP HCVSE" :BURGER 'BASIC" BVRGER kir 1/2 lb.ground beef,provolone cheese, bacon, 1/4 lb.ground beef,topped off with lettuce, lettuce,tomato and onion, served on toasted bun tomato and onion,on a toasted bun add cheese.50 5.75 425 ""HD VS:E�" SVB 7C'LVE' SVB Ham,pepperoni,''RRi,provolone cheese, baked on a Thin sliced roast beef, turkey,ham and bacon with French roll, topped with lettuce,tomato, onion, provolone cheese,topped with lettuce,tomato, jalapenos and Italian dressing onions and mayonnaise, served on a French roll 5.25 5.s5 ,.D 1111.;' STEAK" S VB "'TURKEY~' S.VE Shredded Ribeye steak,provolone cheese, grilled Thinly sliced Turkey breast,provolone cheese, onion and green peppers, served on French roll topped with lettuce,tomato and onioef and 5.25 mayonnaise, served on a French Roll ROAST :BEEF'' S VB 5.25 Thinlysliced Roast Beef,provolone cheese, black SAN DM/NCH_ olives,lettuce,tomato, onion, served on a French Grilled Chicken Breast,provolone cheese, topped roll with horserasdish on side with lettuce,tomato and onion and ranch dressing,'' 5.25 served on a toasted bun ' FISH.! SANDWICH 4s5 Deep Fried Cod, served on a buttered bun, "-'BEER=SOAKED :BRATS'" topped with lettuce,tomato and onion, served with Brat served on a buttered French roll and topped Tartar sauce add cheese .50 with grilled onion, served with Dijon mustard 4s5 5.25 SALADS. Cs SCUPS "ANT1'PAST43." SALAD Pepperoni, diced ham, cheese, onions, black olives, mushrooms,tomatoes, green peppers, served on a bed of Romaine and Iceberg Lettuce,shredded parmesan 5.25 "NW VSE" 'SALAD RAf. omaine and Iceberg lettuce topped with cheese and pepperoni it "71 it: ~ w .9. 375 . +, Soup of the Day ,t� K.ILLIAN RED BOTTLE BEER LABATT-S BL vE BVD+BUD LIGHT*COORS*COOKS MICHELOB AMBER BOCH LIGHT*MICHELOB*MICH LITE+MGb!MILIER HIGH LIFE*MILLEER LITE: MICHEL OB LIGHT AMSTEL LIGHT MILLER LITE BECK8-8 RED HOOK BECK'S DARK WIDMER II'EiFEWEIEN CARLSBERG LAGER CAVE CREEK.CHILI BEER WE WI CEI:IS RASPBERRY 4 HOUSE WINE ZINFANDEL-CI-IARDONNAY-CHABLIS-MERLOT-BURGUNDY CORONA OR CORONA LIGHT GLASS: . 4.25 -GULL: CAEAI E. . . 13.00 DOS EQUIS AMBER IOSTERS • SANG RI $3 ;50 GORbON BIERACH - MARZEN • WINE MARGARITA GORDON BIERSCH BLONDE BOCH frozen(or)on ice GOR,DON BIERSCH PILSNER S3.75 HARP 4 KENDALL=i1ACKS0-N CHARDONNAY' HEINEKEIN GLASS..5.75 HEINEKEN DARK 0 SUTTER HOME CHARbONNAY'( /A) 4. W. DVNbEE HONEY"GROWN GLASS..3.75 yr . LEINENKVGEL:'S RED $SUTTER.HOME ICHARDONNAI7:,> LEINENKUGELS-S HONE%'WEISS GLASS...4.25 I:OWENBRAU DARK RIVERSIDE CHARDONNAT MIKES HARD LEMONADE GLASS..350 ._� MOLAON GOLDEN 0 BERINGER-WHITE ZINEINADEL MOLSON ICE GLASS ..9.50` MOOSEHEAb 4 DELICATO ZINEAWDEL (DARK) O-DOULS V O-DOVLS AMBER, GLASS..3.75 • PACIFICO 0 BUTTER HOME ZIN*ANOEL PAULAW H ER EI =WEIZEN GLASS 3.75 PAUL:ANER LAGER 6 KIVEi,l4IDE WHITE ZINFANDEL Lf PAVLANEK OKTO.BERFEST GLASS.3.75 PAVLANER FHOMAS BR AU (N/A) 4 GLASS MOUNTAIN CABERNET SAUVIGNON PETE'S WICKED ALE GLASS.5.50 PETE'S WICKED STRAWBERRY'BLONDE 0 CHATEAU JULIEN SAUVIGNON BLANC PICRAMII HEEE GLASS..9.25 RED DOG 4 SUTTER HOME CABERNET SAUVIGNON RED'STRIPE GLASS..9.25 ROLLING ROCK. 4 MONT,ER.RA MERLOT MONTEREY' SAMUEL ADAMS BOSTON ALE GLASS..5.75 SAMUEL AI)AMS BOSTON LAGER 4,GLASS MOUNTAIN MERLOT'97 SAMUEL ADAMS CHERRY'WHEAT GLASS-5.25 SAMUEL AI)AMS HONE'"PORTER 4 NECTAR VALLEY'(WHITE) MERLOT SHINER BOCK. SIERRA NEVADA PALE ALE GLASS.,375 SIERRANEVAL)A PORTER 1NOVTON CADET ROUGE ST. PAE/LEIP N/A GLASS:5.75 SWEET BETTY' I N7 TECATE_ 1r11f COOLERS TEGI.VI: A OR TEL1.VIZA EXTRA SEAfirRAM3:. LIMA OR ISIMA CITRUS WILD BERRIES-WILD WATERMELON STRAWBERRY DAOUIRI-FUZZY NAVAL I OW TAT? ORIGINAL GOLDEN...2.75 BASS ALE Bill) I BEVERAGES BLACK E TAN COLA• DIET. COLA ICED TEA COE'FEE- BUD LIGHT BOTTLEED WATER: PERKIER WATER(SPARKLING, LEMON LIME- TOMATO NICE COORS LIGHT S15b FOUR PEAKS KILTL:IITER AMBER GUINNESS STOUTP , HAROCORE BLACK CIDER HEINEKEN _-, ., L.19 thy1h 1-7 / , 71-CIP/S- (kw. /rpp_e740,,, 72-c) (4.,w ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ~ -' 1. 800 W Washington 5th Floor �.�,,��. 400 W Congress#150 Phoenix AZ 85007-2934 ` ° r-`r R ,-41 Tucson AZ 85701-1352 (602) 542-5141 �� "�� (520) 628-6595 u l 11 `' "31 j it:In i d;1 7 f..,, '.,,, J i 1 :o'V QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) n0, 3-,J3)--'TYPE OR PRINT WITH BLACK INK 1. Check appropriate 1 Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) box (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 la. Name: G\(d l c�rt EU e n Date of Birth: //'"/O -31j`'' Last // First Mid 2. Name of licensed Premises: Q r Kv 1 f_ Y\I I a p t-e)(.) e- Premises Phone:( 3`14 ) 4 7- , a?AQ 3. licensed Premises Address: /1 Y ra rk/l eve tin i In )-1 4 k i'iii-( 75 Liquor License#,- , . _ / I �7, Street Address (Do not use PO Box#) City County Zip (If this location is cuurentlyIfcensed) 4. Drivers license#: 4/ / 7'�1),1 State At'z- Residence Phone: ( y�b ) ,�� - 115 Height:i_.5' l Weight: /l,,i- Eyes: 6 I ye. Hair: rn Place of Birth: ST roi 4AJJJ, j'(, _ City t%- State lirName of Spouse: ("'p\ ( � ra Ie. J-�t1 Lt�l I j�'rDate of Birth: 3 / r Las First Middle Maiden 6. You are a bona fide resident of what state? ye__. '""' k 1 ZO/lJ,i - If Arizona,date of residency: N CV 1 f you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. n ' 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/Yearnt� ++ Month/Year OR BUSINESS (Give street address,city,state&zip) f 70� CURRENT 67en'i rEner� t`CC'OLift:i �1S 1'iZ.Z0.4- �J ir--;4--s evrre + urn tn-1 Coon e-, d At 6,7,,6 RV, i/dam / z- "513 // 93 �vtre Pros. src3ciCfk,Wev) �eiti -T#006��s`pcQ75 (.. ' ' " s-Fkt oran�4-1Lounge, ,.19,1 14, Norner ,(_'hanei to i, Ariz, Se�5�,24'`r` .!� I 1 `P4reu ev) l n )400S - ' /��/9�9 . . L'3�r9 t�P_S Ic)Y n+i,�6� �yf68 g PQ1 Virvv) Faun-loin s`C/s. /Z ��a6� /9y`� y/ 1 rY Gen )p r+ner- e6-},ILou,ig� �� F�H�vse c �e�s C'r Tom vh„w y,r �,(ATTACH ADDITI N SHEET IF NECESSARY) /.5- �7Q:449r /}Y2. 9. Indicate your residenccxac!dress or a ast t�iyee(5)years: ' Me-oft, A- 8'Sat) FROM TO RESIDENCE Month/Year Month/Year — �Street Address City State Zip / oc° CURRENT 45'l g 7Pe LW?' 0 , ' • r ,/ A /e/c9 1/4000 /6 7/g //".e°1///I6 .DD , r, i• I. �t (r...,/ 9u1 /)/7 /.. j/ /reviv4?f 6 he , (/ �el- 41Z. t1 LIC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 ar . — :"ONA DEPARTMENT OF LIQUOR LICENSES & CONTROL A,,If% Washington 5th Floor 400 W Congress#150 'hoenix AZ 85007 Tucson,AZ 85701 (602) 542-5141 ' r,�4J (520 628-659 4' r s yx ,�•+ x�.J f , ,yi. q'L�'xt.. �& ° M1'u �fAS r W gym[ �,�.� v �D K, r T� ',�ti ,, � �v.,r� .✓ S R h 6�n �"hr 7 I! F �OFCOMP _ ,ALCO O TR .� 4. ■p OBTAIN IGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTERD. 4.?TWIT B AC'INK?,? SCANNED. TYPE OR PRINT VNlli SLAC�Q'I�kL ALCOHOL TRAINING PROGRAM INDIVIDUAL INEORMATIO 1 C__11 Ci, c a \__ .., }o aC 7individual ame(Pr' t) : ,1 ( 1_0 N. A lue Indivi nature 1a TYPE OF TRAINING COMPLETED sa: tbP ) (2' j BASIC (21 Date Training Completed ON SALE glc M MANAGEMENT ❑ OFF SALE ® BOTH 0 OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE:L , 00( c,-:\6\1 A iAiE O THE LICENSEE a v ��C Ca,-) a BUSINESS NAME LIQUOR LICENSE NUMBER I ALCOHOL TRAiNiNdPROf RAM:pR0itibER`t ikitt t TION<I `"' '� r e - v n Business Council for Alcohol Education B, ca e I C.A.E.) GpE Company or Individual Name 500 East Thomas Rood # 100 Address Phoenix • Arizona 85012 (602)City 285 1396 ul 81 State Zip Phone I Certify the above named individual has successfully completed the specified program(s). .10E T. J. Kuhn , D1 1yS Trainer Name(Print) +9 y1 U rain r S gnature ©�i !L7 unn Date gar give original of completed form to trainee, photocopy and maintain completed document for your records. L ,% f C p 'raining for all new applications submitted after Nov.1, 1997. A.R.S.Section 4-112(G)(2). Ct't License Training Courses is required at the issuance of a license. /,,aneu /,at'_attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: ''% ir manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. i, ,. aq he last five years for the required courses must be submitted to the Department before the license application is considered Iger's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and '' 'on-sale or off-sale)will be required. Richard Eugene Floyd Answers to questions 11,12,14 and 16 1965-Assault-domestic, 1970 Petty Larceny, 1983 Disturbing the Peace, 1989 Disturbing the Peace, 1990 City of Mesa(Fire Marshall/Blocking aisleway in restaurant. (Fined)). Drivers license not revoked or suspended. Disorderly Conduct 2/2000 (domestic)(1) hour of couple couseling and fined.No alcohol related driving violations. NUMBER OF LOCATIONS ARS; OPERATING DURING VIOLATIONS rox.) YEARS PERIOD: (approx.) 1976-1982 -Cardo's Pizza Richard E. Floyd Pickerington,Ohio None Answer to #16 1983-1984 -260 W.Main Street-Mesa None University Dr.-Tempe None CURRENT LIQUOR LICENSES IN OPERATION: 1984-1985 -260 W.Main St. Mesa None -University Dr.-Tempe None 1. Riccardos Pizza and Spirits Partner/Owner -725 N.Gilbert Rd.-Gilbert None 725 N Gilbert Road Gilbert,AZ 85234 1986-1987 -725 N.Gilbert Rd.-Gilbert (a) 1986 * 260 W.Main St -Mesa None 2. Draft House Sports Café Officer/Owner 35% -6310 S.Price-Tempe None 393 W.Warner surrender #12 7520 S.Rural-Tempe (b)1987 Chandler,AZ 8522 obtained#6 per audit 1988-1989 -725 N.Gilbert-Gilbert (d)1989 3• Parkview Tap House Officer/Owner 50% -6310 S.Price-Tempe None 16828 Parkview -7520 Rural Rd.-Tempe None Fountain Hills,AZ 85268 PREVIOUS LIQUOR LICENSES HELD 1990-1991 -725 N.Gilbert Rd-Gilbert None 4. Cardo's Pizza Owner -1076 Arizona Blvd.-Coolidge None Tower Plaza -315 Southern Ave.-Mesa (a)1990 Pickerington,Ohio 1992-1993 -725 N Gilbert Rd.-Gilbert None 5. Oak Barrel Restaurant Officer/Owner -315 Southern-Mesa (c)1992 260 W.Main Street ;—'* ::::1:7-) -. -1076 Arizona Blvd.-Coolidge (e,f,k)1992 Mesa,Arizona 85201 s;'' 1994-1995 -725 N.Gilbert Rd.-Gilbert (g)1995 ** 6. Riccardo's Pizza General Partner/Owner (111111, -315 Southern Ave.-Mesa None University Drive " 393 W.Warner -Chandler (e)1995 Tempe, Arizona -1076 Arizona Blvd.-Coolidge None °" 7. Riccardo's Pizza General Partner/Owner 1996-1997 -725 N.Gilbert Rd.-Gilbert (a,e,I,f,h)1996*** 6310 S.Price Road -315 Southern Ave.-Mesa (c,e)1997 Tempe,Arizona -393 W.Warner-Chandler (j)1997**** 8. Riccardo's Pizza Restaurant General Partner/Owner 1998 -725 N.Gilbert Rd.-Gilbert None 7520 S.Rural Road -315 Southern -Mesa (a) Tempe,Arizona -393 W.Warner-Chandler (a) 9. Draft House Sports Café Too General Partner/Owner 1999 •-725 N.Gilbert -Gilbert None 315 E. Southern Ave. -393 W.Warner-Chandler (1) Mesa AZ 85201 10. Riccardo's Pizza and Spirits General Partner/Owner 1076 Arizona Blvd. a Furnish alcohol to underage person Coolidge,Arizona b Non-employee on premises w/front door unlocked c Failure to Protect Patron d After hours consumption by an employee e Underage person on premises w/o parent,guardian or spouse *1986 Voluntarily took(3)day suspension in our.Pizza shop in lieu of paying a f Failure to report act of violence fine. g Violation of entertainer clothing requirement,simulated sex ads **1995 Male Revue Dancers been at establishment-a few weeks. Fired h Selling Liquor to intoxicated person immediately' "' i Failure to request ID from underage person ***1996/97 725 N.Gilbert Rd.,took steps to improve management, policies and j Unlawful gambling procedures k Employee consuming liquor while on duty ****1997-Chandler-Unlawful gambling Vendor placed his Video Poker machine I Intoxicated person on premises in our establishment. We offered sandwich and fries if you got a certain score. Three other alleged violations(1986,89,92)were dismissed by the liquor department as unvalid. ' ,he best of my knowledge, memory and records, the above information, covering 24 years of my life, is accurate. I will be happy to answer any questions of the information provided. 7 f r'6?Cl' 1' 'c r--d," A ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Asa* 400 W Congress 800 W Washington 5th Floor ,*Asa:* rl",i P- gr ss#150 '''`��'� Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ��. ��. ; (602) 542-5141 y.y �, �� _, (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 urocessine fee for each fingerprint card submitted. 7 33 A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) P.16 3 TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) 1-16&20) xc box (Complete Questions (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must2 complete#21 la. Name: t i D\( N a nd ram. i.. ' Date of Birth: ,. J q-4q Last 1 !� First Middle , 2. Name of Licensed Premises:Tt�,r kV r e o f Tap I (j 5 C. Premises Phone:('7`j SD ) 13 7. 5-2,r 0 3. Licensed Premises Address:/6 i., I ?2 ,C{J>(,i/ / tit)hLyv b/ill$ 1-1a _ ,)6_ Liquor License# Street Address (Do not use PO Box#) City County Zip (If this location is eunently licensed) 4. Drivers License#: ��`rj () '� State �z Residence Phone:("T d C/) �,, . _ 7367 /Height: 7 `f Weight: 17"C Eyes: egve Hain'Sion Place of Birth: (0/1)/Y) b&$, 4 (?) ii i City A 5. Name of Spouse: FI o\ trtt - T�I`c k"1Q rrli El t'n t' ��ra Alt .state r Date of Birth: i2a A,tlr hi. V4, Last I Fast Middle Maiden 6. You are a bona fide resident of what state? Ai.e i�bV')Ck If Arizona,date of residency: DV,1I 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. r nndicate your employment or type of business during the past five(5) ears,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) zef.5 C�r -4- 1..�et,`1 por+r)+ter) ii'C,Car'ios `�zztt.q`apfr►---sRe5+aUrun� /Lcun �{ 7,16iV.6,//evil J .;Ilev-f- z., s .g5ecy/S+cckJkfd r) �D "Heose /)o.e_S Cam.993 &'rrren- -' e54-0 oraLoonel e, %'9' N, Warner (1& r)d(er lz, �' '"*Kjf i o T5 in - Refit rtfi' �'14 e- 99J 1?vYrenf. � r , . rK�,ew p H-oL� ,'�r�'G r*Kvt a f. r .,.r AP. kDc.neei IAA Y i,'i1✓ti;,0J'I fflc �Z 8' b f u9'9 8/36/98' ' fResictvran-t-/tee Dep,3=r moose SpozrsC`et-ce . Gent 1 -pQ 14.n p TT CH ADDITIONAL SHEET NE Y) j'is--,S a { 9. Indicate your residenceaddress for the last fiveJ(5)years: QQv-• rn 1 FROM TO RESIDENCE ` el wch onth/Year Month/Year �vv street Address City State Zip � _ij,` o�o �vrre � e vino �2 �r!xjrlain lii//s !r<z. g5kr O//f9/9 , / 0d & V/, 7ei//no -De_(ii, it /r rr fi- //h,ii /0//979 17/-41 F:71-ein.4,41r-c-.- Ate , 6i Af,r-/- k- g5a1,5 / TIC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 I ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL to iIyF' .` ', 400 W 800 W Washington 5th Floor F' ',- Congress#150 Phoenix AZ 85007 Tucson AZ 85701 (602) 542-5141 4 +4 �> (520) 628-6595 t ty�i � a+ a� �� s F 3a> az � F z«�a &3ayt z:vf ro 6 h n ,�,4 "s�m�� "kv ' firm ss z . 4 • 5 . '' "s g ` °ems tl , 7,yM.aY neitt �m s ad yS�� t404, ` < 0-3 `"? n dp"" 2o• �t OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. Imilliimil.........1111. 1.111.1.7 ALCOHOL TRAINING PROD . . i�IE?RYIB1 >Rt!>iN M 4TIc N 4 QncIrct A , �10vc. nl dividual Name(Print) n�a�yy j: `� Gf/AA�� Q / i ./. / Individual Signature / TYPE OF TRAINING COMPLETED 1 7D ) cta, rg BASIC Ei ON SALE Date Training Completed MANAGEMENT ❑ OFF SALE BOTH ❑ OTHER IF TRAI IS EMPLOYED �BY A LICENSEE: 36K\A at InFloyd 'i�ICCarC o.st i 27 w-�p tri NAME OF THE LICENSEE BUSINESS NAME UQUOR LINSE NUMBER ALCOHOL%TRAINING PROGRAPitPROVIDER INFORMATION w N w r- ID Business Council for Alcohol Education (B.C.A.E.) Company or Individual Name 500 East Thomas Road # 1on 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 " ‘N ii) Trainer Name(Print) , rain r S gnature Date iner gifre 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: owners),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. t-tC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 Sandra Lee Floyd Answers to questions 11,12,14 and 16 1990—City of Mesa—During first six months of issuance of license,only three'months of which we were operational,did not maintain 40% food sales. FINDINGS: On probation for one year. We passed all City of Mesa's audits there ftei. ;Received no concurrent violations. 1998 —Reckless driving—fined and eight hours of school. Drivers license never revoked or suspended. NUMBER OF LOCATIONS ld ' j ' - YEARS; OPERATING DURING VIOLATIONS 1`1 1 „j ..- . i , b. Lox.) YEARS PERIOD: (approx.) 1979-1982 -Cardo's Pizza Sandra L. Floyd Pickerington,Ohio None Answer to #16 1983-1984 -260 W.Main Street—Mesa None -University Dr.-Tempe None CURRENT LIQUOR LICENSES IN OPERATION: 1984-1985 -260 W.Main St. Mesa None -University Dr.-Tempe Nona 1. Riccardos Pizza and Spirits Partner/Owner -725 N.Gilbert Rd.—Gilbert None 725 N Gilbert Road Gilbert,AZ 85234 1986-1987 -725 N.Gilbert Rd.-Gilbert (a) 1986 * -260 W.Main St.-Mesa None 2. Draft House Sports Cafe Officer/Owner 35% -6310 S.Price—Tempe None 393 W.Warner surrender#12 -7520 S.Rural—Tempe (b)1987 Chandler,AZ 85224 obtained#6 per audit 1988-1989 -725 N.Gilbert-Gilbert (d)1989 3. Parkview Tap Huse Officer/Owner 50% -6310 S.Price-Tempe None 16828 Parkview -7520 Rural Rd.-Tempe None Fountain Hills,AZ 85268 1990-1991 -725 N.Gilbert Rd-Gilbert None PREVIOUS LIQUOR LICENSES HELD -1076 Arizona Blvd.-Coolidge None 4. Cardo's Pizza -315 Southern Ave.-Mesa (a)1990 Spouse of Owner Tower Plaza .r 1992-1993 -725 N Gilbert Rd.-Gilbert None Pickerington,Ohio -315 Southern-Mesa (c)1992 5. Oak Barrel Restaurant Officer/Owner 'T -1076 Arizona Blvd.—Coolidge (e,f,k)1992 260 W.Main Street C` L. 1994-1995 -725 N.Gilbert Rd.-Gilbert (g)1995 ** Mesa Arizona 85201 y: ' -315 Southern Ave.-Mesa None 6. Riccardo's Pizza "') 393 W.Warner -Chandler (e)1995 General Partner/Owner _ University Drive -1076 Arizona Blvd.-Coolidge None Tempe, Arizona " 1996-1997 -725 N.Gilbert Rd.-Gilbert (a,e,I,f,h)1996*** 7. Riccardo's Pizza -315 Southern Ave.-Mesa (c,e)1997 General Partner/Owner 6310 S.Price Road -393 W.Warner-Chandler (j)1997**** Tempe,Arizona 1998 -725 N.Gilbert Rd.-Gilbert None 8. Riccardo's Pizza Restaurant General Partner/Owner -315 Southern -Mesa (a) 7520 S.Rural Road -393 W.Warner-Chandler (a) Tempe,Arizona 9. Draft House Sports Café Too General Partner/Owner 1999 -725 N.Gilbert -Gilbert None 315 E. Southern Ave. -393 W.Warner—Chandler (1) Mesa,AZ 85201 10. Riccardo's Pizza and Spirits General Partner/Owner 1076 Arizona Blvd. a Furnish alcohol to underage person Coolidge,Arizona b Non-employee on premises w/front door unlocked c Failure to Protect Patron d After hours consumption by an employee e Underage person on premises w/o parent,guardian or spouse f Failure to report act of violence *1986 Voluntarily took(3)day suspension in our Pizza shop in lieu of paying a g Violation of entertainer clothing requirement,simulated sex acts fine. h Selling Liquor to intoxicated person **1995 Male Revue Dancers been at establishment a few weeks. Fired i Failure to request ID from underage person immediately. j Unlawful gambling ***1996/97 725 N.Gilbert Rd.,took steps to improve management, policies and k Employee consuming liquor while on duty procedures I Intoxicated person on pi anises ****1997-Chandler-Unlawful gambling. Vendor placed his Video Poker machine in our establishment. We offered sandwich and fries if you got a certain scow. Three other alleged violations(1986,89,92)were dismissed by the liquor department as unvalid. lle best of my knowledge, memory and records, the above information, covering 21 years of my life,is a rate. I will be happy to answer any questions of the information prov', ed. T Cs a-�rC 7(e. Y(c 1 MEMORANDUM TO: Honora e M yo S aron Morgan and Town Council THROUGH: Paul L. N Manager FROM: Bryan Hughe Recreation Coordinat Tom Ward,Interim Town Engineer DATE: June 8,2000 RE: Renewal of the Annual Landscaping Contract(Bid#99-020) The current contract period for the Annual Landscape Contract is from July 8, 1999 through June 30, 2000. The contract is renewable on a yearly basis for up to four (4) additional years. This contract is unique because it combines all Parks & Recreation facilities, Fountain Hills Unified School District properties, and all Town facilities including medians and rights-of-way. The contract includes five (5) separate bid sections: I) Mowing, Landscaping and Irrigation Maintenance; II) Landscape and Irrigation Construction; III) Spraying; IV) Palm Tree Trimming; and V) Overseeding. Bidders were allowed to bid one or all areas or any combination of bid sections. The Town will assume additional maintenance responsibilities for the following properties in the upcoming fiscal year: Kiwanis Building, Town Hall, and various medians and rights-of-way that will result in an increase of $98,826. In addition to the new maintenance responsibilities, the Annual Landscape Contract will increase 4.4% ($27,903.29) in accordance with the January US Department of Labor — Consumer Price Index for All Urban Consumers. The total increase to the Annual Landscape Contract will be $126,729.29. RECOMMENDATION Staff recommends approval of renewing the Annual Landscape Contract (Bid#99-020) as indicated below for a period of one year (July 1, 2000 through June 30, 2001) to the below listed contractors: Contract Title Contractor FY 99-00 FY 00-01 Section Contract Contract I Mowing,Landscape& TruGreen (formerly EG $290,636 $385,233.91 Irrigation Maintenance Management) II Landscape&Irrigation Sage Landscape $150,985.50 $157,628.86 Construction Contractors III Spraying Carter Weed Control $31,744.25 $47,730.90 IV Palm Tree Trimming Green &Growing $11,500 $17,158.14 Landscaping V Overseeding TruGreen (formerly EG $50,474 $54,317.23 Management) cc: Randy Harrel Cassie Hansen Dave Stepanek Julie Ghetti Betty Brannon Rich Dobson,FHUSD MEMORANDUM L Date: June 7, 2000 To: Mayor and Council Town of Fountain Hills From: Scott W. Ruby, Bond Counsel Subject: Resolution No. 2000-27 The Town intends to finance the costs of constructing the Community Center Library and Museum from available cash, through a lease-purchase transaction and through the sale of General Obligation Bonds. As you recall, the Town has sold$3,700,000 of General Obligation Bonds for the purpose of constructing the library and museum. Resolution No. 2000-27 authorizes the lease-purchase financing transaction which will provide up to $5,500,000 that will be used to construct the community center. The Town will lease the community center site to the Town's Municipal Property Corporation. The Corporation will lease back to the Town the site and the community center to be built thereon. The Corpora- tion will issue its bonds secured by the lease payments from the Town. The Town secures its obligations to make lease payments by a pledge of its excise taxes. This type of financing is used in virtually every town and city in Arizona. L KCH:joy 350633.02 06/07/00 TOWN RESOLUTION • RESOLUTION NO. 2000-27 RESOLUTION APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000 AGGREGATE PRINCIPAL AMOUNT OF THE TOWN OF FOUNTAIN HILLS, ARIZONA MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2000; AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE, A LEASE-PURCHASE AGREEMENT, A TRUST INDENTURE, A PURCHASE CONTRACT, A LETTER OF REPRESENTATIONS, A CONTINUING DISCLOSURE CERTIFICATE, AN AGENCY AGREEMENT, AN ASSIGNMENT AGREEMENT AND ANCILLARY DOCUMENTS PERTAINING TO THE ISSUANCE OF THE BONDS; AUTHORIZING THE DELEGATION OF DUTIES TO CERTAIN OFFICERS; RATIFYING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE FINALIZATION, EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fountain Hills, Arizona (the "Town") owns parcels of real property (the "Real Property") and is desirous of having constructed on the Real Property a community center(collectively, the "Project"); and WHEREAS, the Town has caused to be incorporated the Town of Fountain Hills, Arizona Municipal Property Corporation (the "Corporation") to facilitate the financing of the Project through the issuance and sale of not to exceed $5,500,000 aggregate principal amount of the Corporation's Municipal Facilities Revenue Bonds, Series 2000, to be dated as provided herein (the "Bonds"), the Bonds to be issued pursuant to a Trust Indenture, dated as of July 1, 2000 (the "Trust Indenture") by and between a trustee to be designated (the "Trustee") and the Corporation; and WHEREAS, the Town will lease the Real Property to the Corporation pursuant to a Ground Lease, dated as of July 1, 2000 (the "Ground Lease"), by and between the Town and the Corporation, to allow the Corporation to finance the Project to be constructed thereon and concurrent with the Ground Lease, the Town will lease back (with an option to purchase) the Real Property and the Project pursuant to the terms of a Lease-Purchase Agreement dated as of July 1, 2000 (the "Town Lease") by and between the Corporation and the Town; and WHEREAS, the rental payments made by the Town to the Corporation pursuant to the Lease-Purchase Agreement are secured by the Town's pledge of its Excise Taxes (as defined in the Town Lease) and, further, the Corporation has pledged the rental payments as the source of payment for the Bonds; and WHEREAS, for the security of the owners of the Bonds and pursuant to the terms of an Assignment Agreement, dated as of July 1, 2000 (the "Assignment Agreement"), by and between the Corporation and the Trustee, the Corporation will assign to the Trustee its interests in the Ground Lease, the Town Lease, the Real Property and the Project; and KCH:joy 281273.02 06/07/00 WHEREAS, Peacock, Hislop, Staley & Given, Inc. (the "Original Purchaser") has offered to purchase the Bonds pursuant to a Purchase Contract to be dated the date of sale of the Bonds (the "Purchase Contract"), by and between the Corporation and the Original Purchaser which provides for a Letter of Representations to be dated the same date from the Town (the "Letter of Representations") to the Original Purchaser, and the Town desires that the Corporation sell the Bonds through negotiation to the Original Purchaser on such terms as may hereafter be determined and set forth in the Purchase Contract; and WHEREAS, the Town and the Corporation will enter into an Agency Agreement, dated as of July 1, 2000 (the "Agency Agreement"), to allow the Town, as agent for the Corporation, to cause the design, construction and acquisition of the Project; and WHEREAS, there have been placed on file with the Town and presented at this meeting the proposed forms of the following documents: (i) Ground Lease; (ii) Town Lease; (iii) Agency Agreement; (iv) Trust Indenture; (v) Purchase Contract, including the Letter of Representations; (vi) Assignment Agreement; (vii) a Preliminary Official Statement (the "Preliminary Official Statement") with respect to the Bonds; and (viii) a Continuing Disclosure Certificate to be dated the date of delivery of the Bonds (the "Continuing Disclosure Certificate") from the Town; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TOWN OF FOUNTAIN HILLS, ARIZONA, THAT: Section 1. The Mayor and Council find and determine that the financing of the costs of acquisition, construction and equipping of the Project pursuant to the terms of the Town Lease, the Ground Lease, the Trust Indenture, the Continuing Disclosure Certificate and the Agency Agreement is in furtherance of the purposes of the Town and in the public interest and that the Project and the manner of financing will enhance the standard of living within the Town. Section 2. The Town hereby approves the issuance and sale of the Bonds. The Bonds shall be issued in the aggregate principal amount of not to exceed $5,500,000. The Bonds shall be in the denomination of$5,000 or any integral multiple thereof, shall be dated as of July 1, 2000, or such later date as the President of the Corporation shall determine, and authenticated the date of initial delivery to the Original Purchaser, and shall bear interest from such dated date payable semiannually each year, commencing no earlier than January 1, 2001, and shall be fully registered Bonds without coupons as provided in the Trust Indenture. The Bonds shall bear interest at the rates per annum and shall mature on the dates, in the years and principal amounts as are approved by the Mayor or other members of the Council and set forth in the Purchase Contract, the execution and delivery of the Letter of Representations to be conclusive proof of such approval. No Bond shall mature later than 2020. The yield on the Bonds, calculated for federal tax purposes, shall not exceed 7.0% per annum. The Mayor and each member of the Council is hereby authorized and directed to determine and approve the final principal amount, maturity schedule, interest rates, redemption provisions and other terms of the Bonds and cause them to be set forth in the Purchase Contract �r and the other documents. In all other respects the forms, terms and provisions of the Bonds and KCH:joy 281273.02 06/07/00 -2- the provisions for the signatures, authentication, payment, registration, transfer, exchange, redemption and number shall be as set forth in the Trust Indenture and are hereby approved. The Mayor and each member of the Council, the Town Manager and the Accounting Supervisor, acting alone, are authorized to take such actions as are necessary to satisfy each condition of the transaction. Section 3. The form, terms and provisions of the Town Lease, the Agency Agreement, the Trust Indenture, the Ground Lease, the Assignment Agreement, the Purchase Contract and the Continuing Disclosure Certificate, in substantially the form of such documents (including the exhibits thereto) on file with the Town are hereby approved, with such insertions, omissions and changes as shall be approved by the Mayor, any member of the Council or the Town Manager, the execution and delivery of such documents being conclusive evidence of such approval and the performance by the Town of the obligations contained in such agreements and the Bonds is hereby authorized and approved. The Mayor, any member of the Council or the Town Manager are hereby authorized and directed to execute and deliver the Town Lease, the Ground Lease, the Agency Agreement, the Continuing Disclosure Certificate and any Bonds, instruments and receipts to complete the transactions contemplated by such agreements. Section 4. The form, terms and provisions of the Letter of Representations, in substantially the proposed form of such document on file with the Town is hereby approved. Upon completion of the Letter of Representations with the final terms of the Bonds, the Mayor, any member of the Council or the Town Manager is hereby authorized and directed, for and in the name and on behalf of the Town, to execute and deliver to the Original Purchaser the Letter of Representations, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 5. The Town hereby requests the Corporation to take any and all actions necessary to cause the execution and delivery of the Town Lease, the Ground Lease, the Trust Indenture, the Assignment Agreement, the Purchase Contract and the Agency Agreement. The Accounting Supervisor is directed to obtain proposals from prospective trustees and to designate a trustee to act as Trustee for the Bonds. The Trustee is hereby requested to take any and all action necessary in connection with the execution and delivery of the Trust Indenture and the Assignment Agreement and the issuance and sale of the Bonds. Section 6. (a) (i) Thg Preliminary Official Statement is hereby approved. The distribution by the Original Purchaser of the Preliminary Official Statement is hereby authorized and approved. The Mayor, any member of the Council or the Town Manager are each authorized and directed to deem the Preliminary Official Statement final as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). (ii) The Accounting Supervisor is authorized to prepare or cause to be prepared, and the Mayor, any member of the Council or the Town Manager is authorized and directed to approve, deliver and execute, on behalf of the Town, a final Official Statement to be dated the date of the Purchase Contract (the "Official Statement"), in substantially the form of the Preliminary Official Statement with changes effected by the sale of the Bonds for use in connection with the offering and sale of the Bonds. The execution of the Official Statement by the KCH:joy 281273.02 06/07/00 -3- L Mayor, any member of the Council or the Town Manager shall be conclusively deemed to evidence the approval of the status, form and contents thereof by the Town and that the Official Statement is final for all purposes. The Mayor, any member of the Council or the Town Manager or the Accounting Supervisor may execute and deliver such certificates as may be requested pertaining to the accuracy and truthfulness of the Official Statement. (b) (i) The Town hereby agrees that it is the "Obligated Person" (as defined in the Rule) with respect to the Bonds and, therefore, the Town shall comply with and carry out all the provisions of the Continuing Disclosure Certificate with respect to the Bonds for purposes of the Rule (any costs associated with compliance with the Rule shall be paid from Excise Taxes). (ii) This Subsection 6(b) shall constitute a contract between the Town and certain owners of the Bonds as described in the Continuing Disclosure Certificate. (iii) In the event of a failure of the Town to comply with the provisions of this Section, certain owners of the Bonds described in the Continuing Disclosure Certificate may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Town to comply with its obligations under this Section. A default under this Section shall not be deemed an event of default for other purposes of this Resolution, the Ground Lease, the Town Lease or the Trust Indenture, and the sole remedy under this Section in the event of any failure of the Town to comply with the terms of the Continuing Disclosure Certificate shall be an action to compel performance. Section 7. In addition to other security provided for in the Trust Indenture, to secure the payment of the rental payments provided for in the Town Lease and the other amounts required to be paid by the Town pursuant to the provisions of the Town Lease, the Town hereby pledges for the payment of the rental payments thereunder, subject to all present and future rights of owners of bonds or other obligations payable from Excise Taxes (as defined in the Town Lease) which enjoy a lien, pledge or claim to Excise Taxes on parity with the claim of the Corporation, all Excise Taxes. The obligation to make rental payments will not constitute an obligation of the Town for which the Town is obligated to levy or pledge any form of ad valorem taxation nor does the obligation to make rental payments under the Town Lease constitute an indebtedness of the Town or of the State of Arizona or any of its political subdivisions within the meaning of the Constitution of the State of Arizona or otherwise. The Mayor and Council find and determine that the consideration provided by the Corporation to the Town pursuant to the Ground Lease represents fair rental value of such leased property. Section 8. After any of the Bonds are delivered by the Trustee to the Original Purchaser hereof upon receipt of payment therefor, this Resolution shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 9. The Mayor, any member of the Council, the Town Manager or the Accounting Supervisor, on behalf of the Town or the Corporation, or both, and the President or KCH:joy 281273.02 06/07/00 -4- any member of the Board of Directors of the Corporation, on behalf of the Corporation, may expend Bond proceeds to purchase bond insurance or other credit enhancements for all or part of the Bonds and to approve, execute and deliver any agreements to reimburse any provider of credit enhancements for amounts drawn thereunder. The Accounting Supervisor and the Trustee are authorized and directed to pay or cause to be paid such premiums, fees or costs, together with all other fees, costs and expenses of issuance, from Bond proceeds. Section 10. (a) In consideration of the purchase and acceptance of the Bonds by the owners of the Bonds thereof from time to time and of retaining the exclusion from gross income for federal income taxes of the interest income on the Bonds, it is hereby covenanted, and the appropriate officials of the Town are hereby directed, to take all action required, or to refrain from taking any action prohibited, by the Internal Revenue Code of 1986, as amended and as supplemented by all applicable Treasury Regulations promulgated in connection with any applicable section thereof (collectively the "Code"), which would adversely affect in any respect such exclusion, including, particularly, but not by way of limitation, (i) to cause the Bonds to not be "private activity" bonds within the meaning of the Code (Section 141(a) of the Code), (ii) to cause the Bonds to not be "arbitrage bonds" within the meaning of the Code (Section 148(a) of the Code) or to be valid "reimbursement bonds" for purposes of the Code if proceeds of the sale of the Bonds are to be allocated to reimburse an expenditure that was paid prior to the date of issue of the Bonds (Section 1.103.18 of the Treasury Regulations), (iii) to comply with the provisions of the Code relating to rebate (Section 148(f) of the Code), (iv) to cause the Bonds not to be "federally guaranteed" within the meaning of the Code (Section 149(b) of the Code), (v) to make the required information filing pursuant to the Code (Section 149(e) of the Code), and (vi)to make the required expenditures so that the Bonds shall not be deemed to be "hedge bonds" within the meaning of the Code (Section 149(g) of the Code). (b) The Town hereby represents and warrants that (i) the Town has general taxing powers, (ii) the Bonds are not private activity bonds within the meaning of the Code, and (iii) ninety-five percent (95%) or more of the net proceeds of the Bonds shall be used for governmental activities of the Town. Section 11. Qualified Tax-Exempt Obligations. The Town hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The Mayor will certify in the closing certificates that it is reasonably anticipated that the aggregate amount of qualified tax-exempt obligations (as defined in Section 265 (b)(,3)(B) of the Code) which will be issued for or by the Town (including those issued for or by the Corporation) in calendar year 2000 will not exceed $10,000,000. Section 12. 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 of the Bonds and the lease-purchase transaction between the Corporation and the Town as contemplated by this Resolution and the Official Statement, whether heretofore or hereafter taken 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 and the Official Statement. KCH:joy 28I273.02 06/07/00 -5- Section 13. (a) If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. (b) All orders, resolutions and ordinances or parts thereof incon- sistent herewith are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any order, resolution or ordinance or any part thereof. Section 14. Emergency Clause. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this Resolution will be in full force and effect from and after its passage by the Mayor and Council and it is hereby excepted from the referendum provisions of the Constitution. PASSED AND ADOPTED on June 15, 2000. "40eil,/ / Mayor ATTEST: Clerk APPROVED AS TO FORM: arc( - Special Counsel L KCH:joy 281273.02 06/07/00 -6- CERTIFICATION I, the Clerk of Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution was duly passed by the Mayor and Council of the Town at a regular meeting held on June 15, 2000, and the vote was 7 aye's and b nay's and that -7 Council Members were present thereat. DATED: tc- 15-6b Clerk, Town of Fountain Hills, Arizona L L KCH:joy 281273.02 06/07/00 -7- TOWN OF FOUNTAIN HILLS, ARIZONA MUNICIPAL PROPERTY CORPORATION $5,115,000 MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2000 Community Center Project (Bonds Dated: 7/1/00) Estimated Sources and Uses of Funds SOURCES Principal Amount of Bonds $5,115,000.00 Total $5,115,000.00 USES Estimated Total Project Cost(a) $4,480,000.00 Underwriting Fee(1.4%Plus Legal Fees) 81,380.00 Municipal Bond Insurance Premium (0.40%)(b) 35,000.00 Debt Service Reserve Fund (c) 462,162.50 Estimated Costs of Issuance 55,000.00 Deposit to the Bond Fund 1,457.50 Total $5,115,000.00 (a)Net of 1999/00 general fund contribution, but includes alternate bid. (b) Interest is estimated at"AAA" market rates which assumes bond insurance is obtained. (c)Assumes no debt service reserve fund surety policy is obtained. Prepared by: Peacock Hislop 6/15/00 Existing Verticality: Approximately 25 foot tall flagpole. Limitations: Insufficient height. Limitations on equipment shelter location. Mirage Homes 16927 East Shea Boulevard Existing Verticality: Approximately 40-foot high flagpole with an American Flag and a shorter flagpole with an Arizona Flag. Limitations: Insufficient height and limitations on equipment shelter location. Statement of Compliance with FCC Exposure Standards AT&T Wireless Inc.'s license from the Federal Communications Commission requires all of their sites to be in compliance with FCC exposure standards. L L i e (41))) I i I i 6 ! ~(Id1E ` 2 `g�g 1 1 $aaaaa W W — !T 9 i 1 — `u 7 11 ill Q 6;49 (rdt+ OWL j�lZ�1iiLio-jq: iL �' ►t�t 1yF$Aa E �L3 IL — 3 ! t i !MA.. t ra J 11100 a° Oh Ill co— I 1 I 1 I 00444 r g ��_� CO01 WMW 1 0Wp r i tiii p �CC pip1- fc 111 r (I) rgoi ›, '". ill li , ---- . of ZCC i!1ti ! i1111) ilitn 110 V 1 I Z VIl'ni . t I 1tl'it li � ► Qs zit74, 1 N A111 l•ai 11i1 01 /s o a t CO Wiiiima. I. 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' 4 4, Ig TynanGroup Real Estate Development Services June 9, 2000 To The Honorable Mayor and Town Council of Fountain Hills RE: Case Number SU2000-02—Special Use Permit request for a wireless communications facility to be located at Van's Storage, 16701 Laser Drive. Assessing the Visual Appearance of the Proposed Monopole and Antennas In the siting of wireless facilities the visual appearance of the facility is often the major concern of residents in the immediate area of the facility. Frequently AT&T provides visual simulations of the ultimate appearance of the proposed facility as it would be seen by nearby neighbors. In the prior hearings regarding this case area residents have expressed doubt as to the (iir• accuracy of the visual simulations. Although the visual simulations presented by AT&T at the last Council hearing for this site were very accurate, we have included, with this letter, two annotated aerial photographs that can be used to directly assess the visual impacts of the proposed Van's Storage monopole and antennas. One of the aerial photographs shows Van's Storage with sight line distances indicated from nearby residences to the proposed monopole location at Van's Storage. The other aerial photograph shows Shea Boulevard between the Taco Bell site at the entrance to Town and the intersection of Shea and Saguaro Boulevard. The same sight line distances shown on the Van's Storage aerial photograph are also shown along the north side of Shea Boulevard on this second aerial photograph. By standing at these indicated locations along Shea Boulevard, one can view the 70-foot tall flag pole in front of the Taco Bell at the same distances that the proposed 65-foot Van's Storage monopole would be seen from residential properties near Van's Storage. (The flagpole in front of Taco Bell contains wireless antennas and is 13 inches in diameter.) (The proposed pole at Van's Storage will be 18 inches in diameter if co-location is permitted at the Van's site, and 13 inches in diameter if a single user is permitted at the Van's site.) L TvnanGroup.Inc. 3333 East Cameiback Road.Suite 280•Phoenix.Arizona 85018.Office:(602)522-2655•Fax:(602)522-2660•www.tynangroup.com In assessing the future visibility of the proposed Van's pole while looking at the (10, flagpole in front of the Taco Bell, one must keep in mind the following very important differences between the two poles and their visual environments. A. The flag on the pole greatly increases the visibility of the pole. Therefore, the flag must be ignored, as the proposed pole at Van's Storage will have no flag. B. The flag pole is a highly reflective metallic silver that both reflects more light than the proposed pole at Van's Storage will reflect AND causes a stark visual contrast between the metallic silver of the flag pole and the reddish brown on the hills behind the flag pole. The mono pole and antennas at Van's Storage will be painted a dull matt finish with light blue gray paint, and will be seen against a background—depending upon one's view point—of either distant light bluish mountains or the light blue gray of the sky near the horizon. C. The bottom portion of the proposed monopole at Van's Storage will be hidden from view by the various walls and industrial buildings in the area. Alternative Locations Assessment of the proposed location for a wireless facility often involves a comparison of the proposed location with possible alternative locations. The following three alternative sites include Van's Storage, which is the most desirable location, and a stealth artificial saguaro on the hill behind R.E. Monk's, which is the least desirable location. 1. Van's Storage at 65 feet, snug mount antennas. (Most preferred.) Meets all of the Town's siting and general plan guidelines. Farthest from any residentially zoned property. Economically efficient. Equipment shelter is completely hidden. 2. SRP metal junction pole just northeast of Wendy's. Much closer to residential.Antennas similar to Van's Storage close mounted antennas. Equipment shelter will be somewhat visible to residents across Cerius Wash. Height of existing pole will be increased. Requires placing co-axial cable underground crossing wastewater system pipes. With a 200 foot coaxial cable run required from the equipment shelter to the top of the pole, (a distance that greatly increases the necessary diameter of coaxial cables)a shroud that will run up the outside of the pole may be required. Entire system more expensive to install.Would require successful negotiation of leases with SRP, the Town and a private property owner. 3. Stealth "Digital"artificial Saguaro on the ridgeline immediately north of R.E. Monk's in the future OSR area: Will require that an area abutting the north side of the alley be carved out of the natural area hillside to accommodate AT&T's 20-foot long, by 111/2-foot wide by 10- foot, 5-inch tall equipment shelter and possible parking and maneuvering area. Rent abatement would be necessary from the Town to offset the much higher costs of the excavation and stealth Saguaro at this location, Longer electrical and telephone line trenches also add to cost. Very expensive to install. Size of AT&T's Equipment Shelters AT&T's equipment shelters are sized to accommodate the future industry addition of new types of wireless services. In addition, the shelters include back up power facilities. The fully enclosed shelters provide the best possible protection of both equipment and service personnel from sun, dust, wind, weather, insects and temperature extremes. The public benefits of the larger shelters are increased reliability of wireless services and the knowledge that over the years, as new services are added, the size and appearance of the shelters will remain constant. Since I • er Drake Ginnie Ann Sumner Project Manager Project Manager L L .- I•,„; A't .. 1 . - 0 . . ...... •..• 4. ''1 Ir.'s,: Xt• ak. ,. ) 4 , , .' y .‘ft.ttia. , /16164,418.,4" w id., , •` ,. V. 4.1W1 6 'Ver frot. A 0 dr4 . ' •. • ' . • 11; •A•...1" wr „Ai."' .7:0 .., '--0 , ... D. ,.. 1 k. .i., . ,. _4. •.:s .••"-,, . -.1"• A if, • - -.„.. 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What do carriers consider when locating wireless communication facilities? Wireless communications sites must be considered as part of a network, not as individual locations. Moving the location of one site is not always possible from a network development standpoint. Communications facilities can be likened to links in a chain, one link adds to the next making the network design longer. Each link has a limited range. In order to make it longer, it must be connected to other links. Thus, there is a need for multiple sites connected in a logical, sequential fashion, to comprise a network. Once these links, or communications facilities are constructed, it becomes more and more difficult to adjust the network design and to move individual sites. Why do wireless facilities have to be a certain height? Wireless is a low power, line-of-site broadcast technology, meaning it will transmit only as far as there is a clear path without obstructions such as hills, bluffs, buildings, etc. The optimal level for a communication facility is generally between 50 to 100 feet. However, the height of the individual facility is also dependent on its location, i.e. is it on a hill or in a valley. If a site is located at the top of a hill overlooking a valley, a lower structure can be utilized. Furthermore, facilities at higher elevations may allow for co-location. Co-location occurs when wireless carriers can share space on a facility. Co-location helps to reduce the overall number of new structures built to accommodate wireless carriers. Why is there a need for multiple wireless communications facilities? Wireless systems need multiple wireless antenna facilities in order to re-use channels. For example, when you travel between cities, an FM radio station may change from country music in one city to rock and roll in the next. This is an example of frequency re-use, where the same channel is used again in a different geographic area. Wireless systems are set up like miniature radio stations. But, instead of an area A the size of a city, wireless facilities use an area between one-half and ten square miles, also referred to as a cell. We re-use radio channels, by broadcasting at extremely low power (typically 100 watts per channel or less), which limits the transmission distance. (Note: The transmitted power is different from the power available to a user at ground level — which is typically less than one watt.) When a mobile user moves from one cell to the next, a centrally located computer hands off the call to the next cell on a different, unoccupied channel. This allows the same channel to be used in neighboring cells, also known as frequency re-use. Other wireless carriers have already built sites in our community. Why do you need a site? There are many wireless carriers building new wireless networks as well as continually expanding existing wireless networks. Each carrier is assigned a separate frequency, much like television and radio stations that each have their own unique frequency. Wireless carriers have different network designs based on the coverage and service they want to provide. When the area covered by individual cells is small, the quality is better—when it is large, the quality of service generally decreases. Therefore, if a carrier wants to provide better quality service, the distance between wireless antenna facilities in the network will generally diminish. Wireless network development is in direct response to the demand by the American public for wireless service. Carriers are helping to expand and improve the wireless market by making it more competitive with multiple carriers. Wireless carriers have a legally mandated responsible to the FCC to provide wireless service to your area. We are eager to bring this exciting technology to your community for the benefit of all. Ig Tynan Group Real Estate Development Services i L ONI11 Ma E NIISIX9 AO 1NObId NI 1NIOd 3A9 HOIH Id 9 OAl9 O8Vf10VS dNll 1:191NJO NOI1Of1a1SNOO EI3aNfl ONlallfle lldl 1d ZZ F" Q W 0 I W > 8IOdONOW Id 99 a2SOdOI9d L TOWN OF FOUNTAIN HILLS MEMORANDUM Lir TO: The Honorable Mayor and Common Council FROM: Dana Burkhardt, Planner THROUGH: Paul L.Nordin,Town Manager DATE: June 9, 2000 SUBJECT: Consideration of Ordinance 00-09, an amendment to Section 5.11 (B)of The Zoning Ordinance of the Town of Fountain Hills that would require certifications of building finished floor elevation(s) and for the horizontal positioning of buildings by an Arizona registered land surveyor prior to inspection. Staff has been having problems caused by the development of inaccurate elevations of building foundations and by the inaccurate horizontal location of buildings on lots. These inaccuracies have deviated from the approved site plans for individual developments. Deviations from the approved finished floor elevations and/or the horizontal positioning of a building can create significant problems such as the inability of driveways meeting the Town maximum driveway grades and buildings being built within setbacks. This proposed text amendment would require that the builder grade and construct the building foundation and stem walls as approved by the Town Building Safety Department. Deviation from the approved elevations and horizontal positioning greater than 1/10 of a foot per the approved site plan elevations and distances, will require the builder to amend the grading plan to ensure conformance to the Zoning Ordinance. Typically, deviating from approved grading plans compromises cut and fill standards, maximum driveway grades, maximum retaining wall heights, and other applicable standards. Specifically, the proposed amendment to the Zoning Ordinance of the Town of Fountain Hills is shown below. New text is shown as double-underlined and text to be deleted is shown as crossed out. Section 5.11 B. 13. Pad Elevation and Building Location Certifications. Prior to the approval of any building stem wall inspection or a pre-slab inspection, whichever occurs first, the property owner or his/her designee shall provide the Town with a certification statement that is prepared. stamped and signed by an Arizona registered land surveyor, that certifies the finished floor elevation(s) and the horizontal location of the building. Pad elevations and building locations must be accurate to 1/10 of a foot as compared to the approved site plan or an amended site plan. The requirements in this subsection may be waived at the discretion of the Town Engineer. On June 8, 2000 the Planning and Zoning Commission held a public hearing and considered their recommendation to the Town Council regarding Ordinance 00-09. The Commission recommended Town Council approval of Ordinance 00-09 by a vote of 6-0. Staff also recommends Town Council approval of Ordinance 00-09. TOWN OF FOUNTAIN HILLS ORDINANCE 00-09 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5 SECTION 5.11 B. OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO REQUIRE CERTIFICATIONS OF BUILDING FINISHED FLOOR ELEVATION(S) AND FOR THE HORIZONTAL POSITIONING OF BUILDINGS BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO INSPECTION . WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning try ordinance; and WHEREAS, Public hearings were advertised in the May 24, 31, and June 7, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on June 8, 2000 and the Mayor and Common Council on June 15, 2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.11 B. shall be amended to require certifications of building finished floor elevation(s) and for the horizontal positioning of buildings by an Arizona registered land surveyor prior to inspection, as shown in Exhibit "A". L L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 15th day of June, 2000. FOR T E T WN OF FOUN HILLS: ATTESTED TO: , (14 jiili.,,j5 )]..4.„t„,,3____ Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk i REVIE ED : •/ 71 APPROVED AS TO FORM: / / / , / /'(/ /..s.:___.----- . IP in, own Manager William E. Farrell, Town Attorney L L Ordinance 2000-09 Page 2 of 3 EXHIBIT"A" L Section 5.11 B. 13. Pad Elevation and Building Location Certifications. Prior to the approval of any building stem wall inspection or a pre-slab inspection, whichever occurs first, the property owner or his/her designee shall provide the Town with a certification statement that is prepared, stamped and signed by an Arizona registered land surveyor, that certifies the finished floor elevation(s) and the horizontal location of the building. Pad elevations and building locations must be accurate to 1/10 of a foot as compared to the approved site plan or an amended site plan. The requirements in this subsection may be waived at the discretion of the Town Engineer. L Ordinance 2000-09 Page 3 of 3 TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Common Council FROM: Dana Burkhardt,Planner THROUGH: Paul L.Nordin,Town Manager DATE: June 9, 2000 SUBJECT: Consideration of Ordinance 00-10, an amendment to Section 5.11 (B) 11 of The Zoning Ordinance of the Town of Fountain Hills that would require all disturbance limits to be surveyed, staked, and certified by an Arizona registered land surveyor prior to issuance of a building permit, and shall remain staked until issuance of the Certificate of Occupancy. Staff has been having problems with excessive disturbance activities on individual developments. Currently, this Zoning Ordinance requires the placement of a six (6) foot high temporary chainlink fence, imbedded along or within the disturbance boundary shown on the approved site plan of the building permit. Unfortunately, staff does not have the capacity to certify that these disturbance fences are located as approved on the site plan, and are commonly moved during the construction process. As a result, lots are being over disturbed, requiring additional staff time to investigate and enforce the revegetation of these areas. This has placed a great burden on both Town Staff and the builder. This proposed text amendment will require all disturbance boundaries to be staked and identified by a registered land surveyor, and remain staked until the issuance of the certificate of occupancy. Specifically, the proposed amendment to Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills is shown below. Deletions in the existing text are crossed out, additions to the existing text are double underlined. Section 5.11 B. 11. Disturbance Limit Fencing. Prior to the issuance of any building or grading permit and prior to any disturbance activities, a six-foot high imbedded chain-link fence shall be permitted and installed on the disturbance limit line as identified on the approved site plan for the site. The disturbance limit boundary shall be established and staked by an Arizona registered land surveyor. No disturbance limit fencin. shall De located outside of the surv- e r' t. d . -a. Appropriate warning signs in English and Spanish shall also be posted at least every 100 linear feet on the required fencing. The building official, or his/her designee(s), shall inspect the fence,and signage, and surveyor's staking to insure its proper location and construction prior to the issuance of the building/grading permit for the site. Such fencing and signage shall be maintained in place throughout the grading/construction process and shall only be removed after a final inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Community Development Director if 100% of the lot, on which the construction activity is permitted, has been graded or disturbed as part of an approved subdivision grading permit. On June 8, 2000 the Planning and Zoning Commission held a public hearing and considered their recommendation to the Town Council regarding Ordinance 00-10. The Commission recommended Town Council approval of Ordinance 00-10 by a vote of 6-0. Staff also recommends Town Council approval of Ordinance 00-10. L L (or TOWN OF FOUNTAIN HILLS ORDINANCE 00-10 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5 SECTION 5.11 B. 11 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO REQUIRE ALL DISTURBANCE LIMITS TO BE SURVEYED, STAKED, AND CERTIFIED BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO ISSUANCE OF A BUILDING PERMIT, AND SHALL REMAIN STAKED UNTIL ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the May 24, 31, and June 7, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on June 8, 2000 and the Mayor and Common Council on June 15, 2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.11 B. 11 shall be amended to require all disturbance limits to be surveyed, staked, and certified by an Arizona registered land surveyor prior to issuance of a building permit, and shall remain staked until issuance of the Certificate of Occupancy, as shown in Exhibit"A". L L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 15th day of June, 2000. FOR E WN OF FO TAIN HILLS:111/ ATTESTED TO: ti, Cell1L- 6 \.., -4- haron Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEW D B APPROVED AS TO FORM: / . ,pg‘fre jdin, o n " anager illiam E. Farrell, Town Attorney L L Ordinance 2000-10 Page 2 of 3 EXHIBIT "A" L This amendment to Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills is shown below. Deletions in the existing text are crosscd out, additions to the existing text are double underlined. Section 5.11 B. 11. Disturbance Limit Fencing. Prior to the issuance of any building or grading permit and prior to any disturbance activities, a six-foot high imbedded chain-link fence shall be permitted and installed on the disturbance limit line as identified on the approved site plan for the site. The disturbance limit boundary shall be established and staked by an Arizona registered land surveyor. No disturbance limit fencing shall be located outside of the surveyor's staked area. Appropriate warning signs in English and Spanish shall also be posted at least every 100 linear feet on the required fencing. The building official, or his/her designee(s), shall inspect the fence, end signage, and surveyor's staking to insure its proper location and construction prior to the issuance of the building/grading permit for the site. Such fencing and signage shall be maintained in place throughout the grading/construction process and shall only be removed after a final inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Community Development Director if 100% of the lot, on which the construction activity is permitted, has been graded or disturbed as part of an approved subdivision grading permit. L Ordinance 2000-10 Page 3 of 3 Town of Fountain Hills Memorandum DATE: June 9, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Developmendyj THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Ordinance 00-11, an amendment to Section 5.11, Land Disturbance Standards,of The Zoning Ordinance for the Town of Fountain Hills,that would exempt Columbaria, as an accessory use to a church,from the land disturbance regulations in Section 5.11,by Special Use Permit. On April 6, 2000 the Town Council initiated an amendment to Section 5.11,Land Disturbance Standards, of The Zoning Ordinance for the Town of Fountain Hills,to exempt Columbaria, as an accessory use to a church,from the land disturbance regulations in Section 5.11. The exemption process would be considered by Special Use Permit. On May 25, 2000 the Planning and Zoning Commission held a public hearing and considered their recommendation to the Town Council. The Commission voted 7-0 to recommend Town Council approval of Ordinance 00-11. The Shepherd of the Hills Lutheran Church is interested in developing columbaria on their property. Since the recent addition on the church property,the church has maximized their allowable disturbable area. Staff has determined that because the land disturbance on the property has been exhausted, no additional disturbance will be permitted,including disturbance for the church to add the columbaria. The following amendment to Section 5.11 of The Zoning Ordinance for the Town of Fountain Hills would enable the church to apply for a Special Use Permit to exceed the land disturbance limits for the property for the development of the columbaria. Please see the attached Ordinance 00-11. Staff recommends Town Council approval of Ordinance 00-11. L TOWN OF FOUNTAIN HILLS ORDINANCE#00-11 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING CHAPTER 5,SECTION 5.11 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO EXEMPT COLUMBARIA, AS AN ACCESSORY USE TO A CHURCH, FROM THE LAND DISTURBANCE REGULATIONS IN SECTION 5.11,BY SPECIAL USE PERMIT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to exempt columbaria, as an accessory use to a church, from the land disturbance regulations in Section 5.11 of The Zoning Ordinance for the Town of Fountain Hills,by Special Use Permit,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town krow of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5, Section 5.11 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on May 10, 17, 24 and 31,2000 and on June 7 and 14,2000,and; WHEREAS, Public hearings were advertised in the May 10, 17, 24 and 31, 2000 and in the June 7 and 14, 2000 editions of The Times of.Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on May 25,2000 and by the Fountain Hills Town Council on June 15,2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.11 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows: ORDINANCE 00-11 PAGE 1OF2 The proposed amendment is shown below. Text to be added is double-underlined. 5.11 Land Disturbance Standards B. Grading Standards 12. Columbaria Disturbance Exemption By Special Use Permit. The development of columbaria. including any accompanyin' features uch as walkwa s ma .- xem d fr m th re ulati o f i . 1 B r in andards v Special Use Permit if the following conditions exist: a. The columbaria is an accessory use to a church. b. The columbaria and any accompanying features shall be desi' -. to minimally alter the existin• t•.•. . .h an. v- .etati•n. c. The columbaria and any accompanying features shall be designed so that any "Natural Features", as defined in Section 103 of The Subdivision Ordinance for the Town of Fountain Hills.are not disturbed. d. The building area of the columbaria shall not exceed ten (10) percent of the total building area of the church buildings. e A landscape plan prepared and stamped by an Arizona-regi is ered landscape architect is submitted and approved that meets the applicable landscaping regulations of Article VI. Section 605 of The Subdivision Ordinance for the Town of Fountain Hills. L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 15th day of June,2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (11-44-4- 2-o6 "11"-4"-4-----' Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REVIE ED BY: APPROVED AS TO FORM: ,, A ft ' i ./. 7(, 'Z.,..,:_____-- ///:"..A"'P‘f,,,,..I aul Li Nordin,Town Manager William E.Farrell,Town Attorney , ORDINANCE 00-11 PAGE 2 OF 2 Chron 116 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Ho orable Mayor and Council FROM: i War THROUGH: 1(1 . •rdin DATE: Jun: 2000 RE: Blackbird Drive Speed Humps Pursuant to the petition for traffic calming dated May 24, 1999 and at the request of the Council, staff completed numerous tasks to resolve the neighborhood concerns on Blackbird Drive. Attached please find a report by Larry Woodlan of Burgess &Niple. It has been determined that some type of traffic calming measures need to be put in place to reduce the cut-through traffic on Blackbird Drive. At the May 10, 2000 public meeting the results of the 30-day test closure were reported and the public was permitted to offer their opinion of the test closure. The majority of the responses indicated that they were in favor of speed humps. A petition was presented to Mayor Sharon Morgan by the residents of Black Drive requesting speed humps be installed. Staff has since verified all of the signatures as per the Speed Hump Policy (copy attached). A map indicating the proposed location of two speed humps is attached. The signage has been ordered and a purchase requisition has been written for installation in the month of June. TLW:bb att: Burgess &Niple Report Speed Hump Policy Map cc: Larry Woodlan Staff Memo-Blackbird Drive.doc FOUNTAIN HILLS kore BLACKBIRD TRAFFIC CALMING The Town has been studying the Traffic Calming on Blackbird Drive since May, 1999. During the study period,three options have been recommended to reduce the cut-through traffic and speeding on Blackbird Drive.A copy of the three options is attached. The Town Council selected restricting left turns from Boulder Drive on to Blackbird Drive as the option for a 30 day test. From February 8,2000 to March 7,2000 the Town installed delineator posts on Boulder Drive to restrict the turning of traffic from Boulder Drive on to Blackbird Drive. The installation of the delineator posts also restricted the turning of traffic from Blackbird Drive south on to Boulder Drive.The traffic counts and 85th%speeds observed during the test period were positive. Cut- through traffic and speeding was reduced. A copy of the detailed analysis is attached. The summary is: February 1998 November 1999 30 day test Total Traffic Volume 1100vpd 1060vpd 651vpd average Estimated Neighborhood Traffic 300vpd 300vpd 300vpd Estimated Cut-thorough Traffic 800vpd 760vpd 35 lvpd average 85th%Speed West(uphill) 36mph 35-38mph 36.3 85th%Speed East(downhill) 40mph 42-44mph 38.4 85th%Average Speed 38mph 39.75mph 37.4mph The estimated cut-through traffic was reduced from approximately 800/760 vpd to 351 vpd. This is below the 500 vpd criteria in the Neighborhood Traffic Management Process. On February 23, 2000 traffic movements were manually counted from 6:00 am to 4:00 pm by Tony Merchese and Pat Harvey. During this test period,they observed 94 vehicles making a U-turn south of the lane closure,going north on Boulder Drive to Blackbird Drive,then turning east on to Blackbird Drive. The reduction of traffic on Blackbird Drive would have been reduced even more if the U- turns were eliminated on Boulder Drive from Tepee to Golden Fagle. The average speed on Blackbird Drive was reduced from 38mph to 37.4 mph. The last table provided is a summary of the traffic counts on Boulder Drive from Tepee to Golden Eagle. This table estimates the possible south bound U-turn traffic on Boulder Drive before Eagle Crest. Some of the counts had to be adjusted for weekend traffic. In summary,the left turn restriction on Boulder Drive at Blackbird Drive reduced the cut-through traffic and speeding on Blackbird Drive. ViA• a ,Yf, wy. H ' A:7 Ts! j wooLLA 04/18/00 25479/30daytest • BLACKBIRD DRIVE 760 FEET WEST OF GLENBROOK TRAFFIC COUNTS&85th%SPEED 30 DAY TEST BLACKBIRD ESTIMATED TRAFFIC VOLUME 85th%SPEED CUT-THROUGH DAY OF MO. WEST EAST TOTAL WEST EAST TRAFFIC WEEK DATE vpd vpd vpd mph mph vpd T FEB. 8 451 170 621 34.5 35.8 321 W FEB. 9 518 273 791 34.4 37.1 491 T FEB. 10 543 275 818 34.8 37.1 518 F FEB. 11 168 119 * 35.0 36.7 * S FEB. 12 S FEB. 13 M FEB. 14 15 w . 16 No 6ev S --'ass VIJlvac.i36D T FEB. 17 F FEB. 18 S FEB. 19 S FEB. 20 M FEB. 21 T FEB. 22 248 82 * 35.7 36.5 * W FEB. 23 510 309 819 34.5 37.0 519 T FEB. 24 391 251 642 35.2 37.5 342 F FEB. 25 352 286 638 34.7 34.2 338 S FEB. 26 386 215 601 35.5 39.0 301 S FEB. 27 350 189 539 35.5 37.8 239 M FEB. 28 10 5 * 55.0 60.0 * T FEB. 29 456 271 727 34.9 37.2 427 W MARCH 1 470 288 758 35.1 37.4 458 T MARCH 2 439 261 700 35.4 38.2 400 F MARCH 3 470 263 733 34.8 38.2 433 S MARCH 4 381 200 581 34.6 37.5 281 S MARCH 5 283 148 431 36.0 37.9 131 M MARCH 6 373 212 585 37.6 36.7 285 T MARCH 7 431 431 37.2 131 AVERAGE 30 DAY TEST 651 36.3 38.4 351 AVERAGE 37.4 NOV. 1999 1060 35-38 42-44 760 AVERAGE 39.75 FEB. 1998 1100 36 40 800 AVERAGE 38 TRAFFIC CALMING CRITERIA AVERAGE 37 500 * UNUSABLE DATA 300vpd ESTIMATED NORMAL BLACKBIRD NEIGHBORHOOD TRAFFIC 25479/blackbirdl 4/17/00 BOULDER DRIVE TRAFFIC COUNTS BETWEEN TEPEE AND GOLDEN EAGLE 30 DAY TEST BLACKBIRD SOUTH BOUND BOULDER @ POSSIBLE NORTH BOUND EAGLE U-TURN BOULDER DAY OF TEPEE CREST TRAFFIC @ TEPEE WEEK MO. DATE vpd vpd vpd vpd T FEB. 8 833 792 41 931 W FEB. 9 1099 846 253 760 T FEB. 10 1030 * * 941 F FEB. 11 933# 867# 66# 885# S FEB. 12 933# 876# 65# 885# S FEB. 13 933# 867# 66# 885# M FEB. 14 • 1206 1127 79 1166 T FEB. 15 753 561 192 598 W FEB. 16 1021 967 54 1009 T FEB. 17 926 831 95 841 F FEB. 18 603# 760# -157# 778# S FEB. 19 603# 760# -157# 778# S FEB. 20 603# 760# -157# 778# M FEB. 21 602# 760# -158# 778# T FEB. 22 1069 981 88 2097 W FEB. 23 1034 1125 -91 1223 T FEB. 24 759 749 10 856 F FEB. 25 813# 806# 7# 900# S FEB. 26 813# 806# 7# 900# S FEB. 27 813# 807# 6# 900# M FEB. 28 1074 1063 11 1032 T FEB. 29 923 872 51 W MARCH 1 978 T MARCH 2 911 F MARCH 3 778# S MARCH 4 778# S MARCH 5 777# M MARCH 6 967 T MARCH 7 811 # ADJUSTED DATA * UNUSABLE DATA 25479/blackbird 4/17/00 i TOWN OF FOUNTAIN HILLS SPEED HUMP AND RUMBLE STRIP POLICY The Town Engineer has the discretion to allow the installation of speed humps and rumble strips on public streets in the Town subject to the following criteria. The Engineer also has the discretion to waive or vary any of the listed criteria. The Town Manager, upon recommendation of the Town Engineer, may elect to recommend public hearings before the Town Council. 1. The street is local residential street or minor collector with driveways. 2. A petition is submitted. The petition shall be in complete compliance with the format in the Neighborhood Traffic Management Process. All information, except the signatures shall be printed. Signature of 75% of the Lots within the affective area, as defined by the Engineering Department, must sign the petition. All contiguous Lots within 50 feet, as measured along the right-of-way line, of the speed hump or rumble strip must also sign the petition. 3. The street is minimum of 600 feet in length. The speed humps may be located at spacings of approximately 250 - 600 feet. 4. The posted speed limit is 25 miles per hour. 5. A speed study reveals the 85th percentile speed exceeds 30 miles per hour. 6. The average daily traffic is less than 5,000 vehicles per day. 7. There is adequate horizontal and vertical sight distance the street grade does not exceed 10% and there is not a sharp horizontal curve. 8. Streets have a normal crown with drainage along the sides of the street, and the speed humps do not create drainage problems. 9. Speed humps are not installed over manholes, water valves,junction boxes or other irregularities in the pavement. The Town will contract for the installation of the speed humps and/or rumble strips at the resident's expense except as noted in the Neighborhood Traffic Management Process. The Town will also install the necessary advance warning signs and pavement markings at the resident's expense. The Town will be responsible for all maintenance. The speed humps will be 3-1/2" high and 12' wide, and in compliance with the Town Engineers' details. If 51% of the resident's petition to have the speed humps and/or rumble strips removed, the resident's will be responsible for paying the Town's removal costs. April 16, 1998 55 53 17 '\ / % 18( 54 ' 1IV\,,\ ' , ,No .. ti \ ,\ 23 A 19 G 34 �t 7� \y,‘', , 20 22 / �I„ 24 Q. , , ! 2, 4 zs r ® REQUIRED SIGNATURES ADJACENT 26 TO SPEED HUMP: LOTS 1, 12, 13, vv :, 27 4, 5, 28 AND 29. / *yam 2 SPEED HUMID SIGN � '3 �o, \ 29 \\ SPEEDHUMP '\0\ 30 SPEED HUMP SIGN 9 i 7 \\ jj 39 f �� .. E , - - 8 N \ o ', WATER 6 ,� ' ,� SPEED iUM A f t 9 v tip, \ ,„ ` 10 \ NS� ' ] 0� 24 11 1 y SPEE`� HUMP q„ y�r y 25 �.\ �'� �' 37 , 12 \ 18 � ` s SLED 4 HUMP SIGN • %,. 3 c� BLACKBlt‘D "NEIGHBORHg0D" LIMITS �' i` / i = 36 4 i*� / 20 j a , • 0T ', , / 21 w f \� 30 34 D• icy 6 \ 28 35 E, f x, \29 < l i 2g 18 \ =j 17 �I 5 22 -- ! , Qs 1 �` 29 j�' 26 20 / 4 16 � ,V / , \ 20 ,A � __ � l i /�r � l 15 \� \ 19 �\/ 23 30 V 4 i 14 _4 f J :oc 25 ... 2 r _. co 8 I �\ \ i 24 23 - i 10 17 _ � � V �� ( ! 13 0>> \ / 31 ;! 3 BALSAM DR 11 \ ...... i / + '; 34 � i 21 20 (A .m.. v' 71 .3 L1 JP PJJ117AJ;1 JJJ i J eIN J r ENGINEERING DEPARTMENT (1) ' i o BLACKBIRD DRIVE tr•,,, � SPEED HUMP NORTH ` DRAWN BY: KJV CHECKED BY: KJV/LV SCALE: 1":300' \` SCALE: V.300' DATE: 5-72-00 MEMORANDUM TO: Mayor and Council FROM: Stuart J. Shoob Presiding Judge DATE: June 15, 2000 SUBJECT: May 2000 Monthly Report Attached you will find the May 2000 Monthly Report of the Court. As I have already talked to some of you, I have decided not to make a formal appearance at today's council meeting. As always, if you have any questions of concerns, please feel free to contact me. Fountain Hills Municipal Court Monthly Report May 2000 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 382 4,072 0 3 219 156 4 Criminal Traffic 27 501 0 1 14 12 0 Misdemeanor 74 694 7 0 43 19 5 OOP/IPH 11 82 11 0 0 0 0 May 2000 494 5,349 18 4 276 187 9 May 1999 489 5,106 CASES TERMINATED MONTH FYTD Civil Traffic 309 4,139 Criminal Traffic 47 499 Misdemeanor 68 639 OOP/IPH 11 82 4ay 2000 435 5.359 May 1999 517 5,216 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 28 229 Traffic/Criminal Trials 0 12 Juvenile Hearings 38 207 PTC/OSC/SR Hearings 59 701 OOP/IPH Hearings 1 8 May 2000 126 1,156 May 1999 70 874 May 2000 Revenue Received $ 42,127 99-00 Fiscal Year to Date $ 454,230 'Vlay 1999 Revenue Received $ 41,482 98-99 Fiscal Year to Date $ 375,501 2000 Outstanding Balance $305,827 1999 Outstanding Balance $296,224 Revenue Received amount does not include bond account activity. Chapter 0358 - 442R- C Ver of SB 1392 Page 1 of 10 Conference Engrossed State of Arizona Senate Forty-fourth Legislature Second Regular Session 2000 CHAPTER 358 SENATE BILL 1392 AN ACT AMENDING SECTIONS 38-431, 38-431.01, 38-431.02, 38-431.03, 38-431.07, 38-431.08 AND 38- 431.09, ARIZONA REVISED STATUTES; AMENDING TITLE 38, CHAPTER 3, ARTICLE 3.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 38-431.06; RELATING TO PUBLIC MEETINGS. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 38-431, Arizona Revised Statutes, is amended to read: 38-431. Definitions In this article, unless the context otherwise requires: 1. "Advisory committee" means a committee THAT IS officially established, upon motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. "EXECUTIVE SESSION" MEANS A GATHERING OF A QUORUM OF MEMBERS OF A PUBLIC BODY FROM WHICH THE PUBLIC IS EXCLUDED FOR ONE OR MORE OF THE REASONS PRESCRIBED IN SECTION 38-431.03. IN ADDITION TO THE MEMBERS OF THE PUBLIC BODY, OFFICERS, APPOINTEES AND EMPLOYEES AS PROVIDED IN SECTION 38-431.03 AND THE AUDITOR GENERAL AS PROVIDED IN SECTION 41-1279.04, ONLY INDIVIDUALS WHOSE PRESENCE IS REASONABLY NECESSARY IN ORDER FOR THE PUBLIC BODY TO CARRY OUT ITS EXECUTIVE SESSION RESPONSIBILITIES MAY ATTEND THE EXECUTIVE SESSION. 'p 3. "Legal action" means a collective decision, commitment or promise made by a majority of the mcmhcr3 of a public body pursuant to the constitution, the+THE PUBLIC BODY'S charter,at. (60 bylaws or specified scope of appointment or authority, and the laws of this state. 1- 4. "Meeting" means the gathering, IN PERSON OR THROUGH TECHNOLOGICAL DEVICES, http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB 1392 Page 2 of 10 /vE1 of a quorum of members of a public body to AT WHICH THEY DISCUSS, propose or take legal action, including any deliberations BY A QUORUM with respect toossu�c1 ction. 4- 5. "Political subdivision" means all political subdivisions of the THIS state, including without limitation all counties, cities and towns, school districts and special districts. 6. "Public body" means the legislature, all boards and commissions of the THIS state or political subdivisions, all multi member MULTIMEMBER governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. 6- 7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims. Sec. 2. Section 38-431.01, Arizona Revised Statutes, is amended to read: 38-431.01. Meetings shall be open to the public A. All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. ALL LEGAL ACTION OF ,Pi PUBLIC BODIES SHALL OCCUR DURING A PUBLIC MEETING p. B. All public bodies, except for subcommittees and advisory committees, shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive 3cs3ion SESSIONS, such minutes or recording shall include, but not be limited to: 1. The date, time and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material. C. Minutes of executive sessions shall include items set forth in SUBSECTION B, paragraphs 1, 2 and 3 oLubscction I3 OF THIS SECTION, AN ACCURATE_D1S_CRIPT.1Q OF_ALL INSTRUCTIONS GIVEN PURSUANT TO SECTION 38-431.03, SUBSECTION A, PARAGRAPHS 4, 5 AND 7 and such other matters as may be deemed appropriate by the public body. D. The minutes or a recording shall be open to public inspection three working days after the meeting except as otherwise specifically provided by this article. http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB 1392 Page 3 of 10 E. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder, camera or other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting. F. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body prior to the day that person takes office. 'v.v. A PUBLIC BODY MAY MAKE AN OPEN CALL TO THE PUBLIC DURING A PUBLIC It MEETING, SUBJECT TO REASONABLE TIME, PLACE AND MANNER RESTRICTIONS, TO ALLOW INDIVIDUALS TO ADDRESS THE PUBLIC BODY ON ANY ISSUE WITHIN THE JURISDICTION OF THE PUBLIC BODY. AT THE CONCLUSION OF AN OPEN CALL TO THE PUBLIC, INDIVIDUAL MEMBERS OF THE PUBLIC BODY MAY RESPOND TO CRITICISM MADE BY THOSE WHO HAVE ADDRESSED THE PUBLIC BODY, MAY ASK STAFF TO REVIEW A MATTER OR MAY ASK THAT A MATTER BE PUT ON A FUTURE AGENDA. HOWEVER, MEMBERS OF THE PUBLIC BODY SHALL NOT DISCUSS OR TAKE LEGAL ACTION ON MATTERS RAISED DURING AN OPEN CALL TO THE PUBLIC UNLESS THE MATTERS ARE PROPERLY NOTICED FOR DISCUSSION AND LEGAL ACTION. • I :`A MEMBER OF A PUBLIC BODY SHALL NOT KNOWINGLY DIRECT ANY STAFF ' MEMBER TO COMMUNICATE IN VIOLATION OF THIS ARTICLE. .....umnporoomooMMO .1 r 1: Sec. 3. Section 38-431.02, Arizona Revised Statutes, is amended to read: 38-431.02. Notice of meetings A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session. C. Except as provided in subsections D and E, meetings shall not be held without at least twenty-four L. hours' notice to the members of the public body and to the general public. http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB 1392 Page 4 of 10 D. In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances. If this rtitYr4-Jiett SUBSECTION is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I. E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body which intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable. G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. ,,J.)Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall PROVIDE , MORE THAN JUST A RECITAL OF THE STATUTORY PROVISIONS AUTHORIZING THE EXECUTIVE SESSION, BUT NEED not contain information that would defeat the purpose of the executive session, COMPROMISE THE LEGITIMATE PRIVACY INTERESTS OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE, OR COMPROMISE THE ATTORNEY-CLIENT PRIVILEGE. J. Notwithstanding the provisions of subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting-and IS PUBLICLY ANNOUNCED at the public meeting. is publicly announced. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session. �. NOTWITHSTANDING SUBSECTION H, THE CHIEF ADMINISTRATOR OR PRESIDING OFFICER OF A PUBLIC BODY MAY PRESENT A BRIEF SUMMARY OF CURRENT EVENTS WITHOUT LISTING IN THE AGENDA THE SPECIFIC MATTERS TO BE SUMMARIZED, PROVIDED THAT: L 1. THE SUMMARY IS LISTED ON THE AGENDA. http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB1392 Page 5 of 10 2. THE PUBLIC BODY DOES NOT PROPOSE, DISCUSS, DELIBERATE OR TAKE LEGAL ACTION AT THAT MEETING ON ANY MATTER IN THE SUMMARY UNLESS THE SPECIFIC MATTER IS PROPERLY NOTICED FOR LEGAL ACTION. Sec. 4. Section 38-431.03, Arizona Revised Statutes, is amended to read: 38-431.03. Executive sessions A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that ttreit THE discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with sttek WRITTEN notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether THE discussion or consideration should occur at a public meeting. 2. Discussion or consideration of records exempt by law from public inspection, INCLUDING THE RECEIPT AND DISCUSSION OF INFORMATION OR TESTIMONY THAT IS SPECIFICALLY REQUIRED TO BE MAINTAINED AS CONFIDENTIAL BY STATE OR FEDERAL LAW. 3. Discussion or consultation for legal advice with the attorney or attorneys of the public body. '1 t`1:4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, in pending or contemplated litigation OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. 5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body. 6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, SALE or lease of real property. """""' B. Minutes of fe,t,AND discussions made at executive sessions shall be kept confidential except from; 1. Members of the public body which met in executive session. , from http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB 1392 Page 6 of 10 2. Officers, appointees or employees who eta WERE the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section. and from 3. The auditor general on a request made in connection with an audit authorized as provided by law. 1. L4. A COUNTY ATTORNEY OR THE ATTORNEY GENERAL WHEN INVESTIGATING ALLEGED VIOLATIONS OF THIS ARTICLE. C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article. C. Notwith3tanding Subsection B of this section. upon receipt of a written complaint signed by the er tlx:, county ey €ef the e‘mtrty v'hich tLc allcg.ed violation occurred may i33uc an invc3ti:zativ e request for the minutes of or di3cussion3 made at the executive .4cAsion. Upon receipt of such a rc17u,. ie rrairl 'lrrxly to whom it i3 directed Shall either comply with the 1-, the alleged . the court in its Ji3crctiet, d.tetsrrrtrje. ., , complaint, and ju3tice so requires, it shall direct that they be provided to the requesting party. county in which the public body ordinarily mcet3. tor No executive se33ion may be held for the purpose of taking any Legal action involving a final vote or decision SHALL NOT BE TAKEN AT AN EXECUTIVE SESSION, EXCEPT THAT THE PUBLIC BODY MAY INSTRUCT ITS ATTORNEYS OR REPRESENTATIVES AS PROVIDED IN SUBSECTION A, PARAGRAPHS 4, 5 AND 7 OF THIS SECTION. A PUBLIC VOTE SHALL BE TAKEN BEFORE ANY LEGAL ACTION BINDS THE PUBLIC BODY. E. Except as provided in;iub3cctions I and .1 of section 38-431.02, SUBSECTIONS I AND J, a public body shall not discuss any matter in an executive session which is not described in the notice of the executive session. `R. F DISCLOSURE OF EXECUTIVE SESSION INFORMATION PURSUANT TO THIS SECTION OR SECTION 38-431.06 DOES NOT CONSTITUTE A WAIVER OF ANY PRIVILEGE, INCLUDING THE ATTORNEY-CLIENT PRIVILEGE. ANY PERSON RECEIVING EXECUTIVE SESSION INFORMATION PURSUANT TO THIS SECTION OR SECTION 38- 431.06 SHALL NOT DISCLOSE THAT INFORMATION EXCEPT TO THE ATTORNEY GENERAL OR COUNTY ATTORNEY, BY AGREEMENT WITH THE PUBLIC BODY OR TO A COURT IN CAMERA FOR PURPOSES OF ENFORCING THIS ARTICLE. ANY COURT THAT REVIEWS EXECUTIVE SESSION INFORMATION SHALL TAKE APPROPRIATE ACTION TO PROTECT PRIVILEGED INFORMATION. Sec. 5. Title 38, chapter 3, article 3.1, Arizona Revised Statutes, is amended by adding section 38- 431.06, to read: 38-431.06. Investigations; written investigative demands http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 - 442R- C Ver of SB 1392 Page 7 of 10 1V 1 A. ON RECEIPT OF A WRITTEN COMPLAINT SIGNED BY A COMPLAINANT ALLEGING A VIOLATION OF THIS ARTICLE OR ON THEIR OWN INITIATIVE, THE ATTORNEY GENERAL OR THE COUNTY ATTORNEY FOR THE COUNTY IN WHICH THE ALLEGED VIOLATION OCCURRED MAY BEGIN AN INVESTIGATION. B. IN ADDITION TO OTHER POWERS CONFERRED BY THIS ARTICLE, IN ORDER TO CARRY OUT THE DUTIES PRESCRIBED IN THIS ARTICLE, THE ATTORNEY GENERAL OR THE COUNTY ATTORNEY FOR THE COUNTY IN WHICH THE ALLEGED VIOLATION OCCURRED, OR THEIR DESIGNEES, MAY: 1. ISSUE WRITTEN INVESTIGATIVE DEMANDS TO ANY PERSON. 2. ADMINISTER AN OATH OR AFFIRMATION TO ANY PERSON FOR TESTIMONY. 3. EXAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE INVESTIGATION OF THE ALLEGED VIOLATION OF THIS ARTICLE. 4. EXAMINE BY MEANS OF INSPECTING, STUDYING OR COPYING ANY ACCOUNT, BOOK, COMPUTER, DOCUMENT, MINUTES, PAPER, RECORDING OR RECORD. 5. REQUIRE ANY PERSON TO FILE ON PRESCRIBED FORMS A STATEMENT OR REPORT IN WRITING AND UNDER OATH OF ALL THE FACTS AND CIRCUMSTANCES REQUESTED BY THE ATTORNEY GENERAL OR COUNTY ATTORNEY. C. THE WRITTEN INVESTIGATIVE DEMAND SHALL: 1. BE SERVED ON THE PERSON IN THE MANNER REQUIRED FOR SERVICE OF PROCESS IN THIS STATE OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. 2. DESCRIBE THE CLASS OR CLASSES OF DOCUMENTS OR OBJECTS WITH SUFFICIENT DEFINITENESS TO PERMIT THEM TO BE FAIRLY IDENTIFIED. 3. PRESCRIBE A REASONABLE TIME AT WHICH THE PERSON SHALL APPEAR TO TESTIFY AND WITHIN WHICH THE DOCUMENT OR OBJECT SHALL BE PRODUCED AND ADVISE THE PERSON THAT OBJECTIONS TO OR REASONS FOR NOT COMPLYING WITH THE DEMAND MAY BE FILED WITH THE ATTORNEY GENERAL OR COUNTY ATTORNEY ON OR BEFORE THAT TIME. 4. SPECIFY A PLACE FOR THE TAKING OF TESTIMONY OR FOR PRODUCTION OF A DOCUMENT OR OBJECT AND DESIGNATE A PERSON WHO SHALL BE THE CUSTODIAN OF THE DOCUMENT OR OBJECT. D. IF A PERSON OBJECTS TO OR OTHERWISE FAILS TO COMPLY WITH THE WRITTEN INVESTIGATION DEMAND SERVED ON THE PERSON PURSUANT TO SUBSECTION C, THE ATTORNEY GENERAL OR COUNTY ATTORNEY MAY FILE AN ACTION IN THE SUPERIOR COURT FOR AN ORDER TO ENFORCE THE DEMAND. VENUE FOR THE ACTION TO ENFORCE THE DEMAND SHALL BE IN MARICOPA COUNTY OR IN THE COUNTY IN WHICH THE ALLEGED VIOLATION OCCURRED. NOTICE OF HEARING THE http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB1392 Page 8 of 10 ACTION TO ENFORCE THE DEMAND AND A COPY OF THE ACTION SHALL BE SERVED ON THE PERSON IN THE SAME MANNER AS THAT PRESCRIBED IN THE ARIZONA RULES OF CIVIL PROCEDURE. IF A COURT FINDS THAT THE DEMAND IS PROPER, INCLUDING THAT THE COMPLIANCE WILL NOT VIOLATE A PRIVILEGE AND THAT THERE IS NOT A CONFLICT OF INTEREST ON THE PART OF THE ATTORNEY GENERAL OR COUNTY ATTORNEY, THAT THERE IS REASONABLE CAUSE TO BELIEVE THERE MAY HAVE BEEN A VIOLATION OF THIS ARTICLE AND THAT THE INFORMATION SOUGHT OR DOCUMENT OR OBJECT DEMANDED IS RELEVANT TO THE VIOLATION, THE COURT SHALL ORDER THE PERSON TO COMPLY WITH THE DEMAND, SUBJECT TO MODIFICATIONS THE COURT MAY PRESCRIBE. IF THE PERSON FAILS TO COMPLY WITH THE COURT'S ORDER, THE COURT MAY ISSUE ANY OF THE FOLLOWING ORDERS UNTIL THE PERSON COMPLIES WITH THE ORDER: 1. ADJUDGING THE PERSON IN CONTEMPT OF COURT. 2. GRANTING INJUNCTIVE RELIEF AGAINST THE PERSON TO WHOM THE DEMAND IS ISSUED TO RESTRAIN THE CONDUCT THAT IS THE SUBJECT OF THE INVESTIGATION. 3. GRANTING OTHER RELIEF THE COURT DEEMS PROPER. Sec. 6. Section 38-431.07, Arizona Revised Statutes, is amended to read: 38-431.07. Violations; enforcement; removal from office; in camera review A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. The court may impose a civil penalty not to exceed five hundred dollars FOR EACH VIOLATION against a person who violates this article OR WHO KNOWINGLY AIDS, AGREES TO AID OR ATTEMPTS TO AID ANOTHER PERSON IN VIOLATING THIS ARTICLE and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of 1i THE PLAINTIFF'S reasonable attorney fees, by the defendant state, THE political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information or of the opportunity to be heard violated any provision of this article the court may remove the public officer from office and shall assess4titit THE PUBLIC OFFICER OR A PERSON WHO KNOWINGLY AIDED, AGREED TO AID OR ATTEMPTED TO AID THE PUBLIC OFFICER IN VIOLATING THIS ARTICLE, OR BOTH, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section. B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness. http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB1392 Page 9 of 10 C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of stit4t THE executive session, and if the court in its discretion determines that stre4t THE minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of:3uch THE minutes. Sec. 7. Section 38-431.08, Arizona Revised Statutes, is amended to read: 38-431.08. Exceptions; limitation A. The provisions of this article do not apply to: 1. Any judicial proceeding of any court or any political caucus OF THE LEGISLATURE. 2. Any conference committee of the legislature, except that all such meetings shall be open to the public. 3. The commissions on appellate and trial court appointments and the commission on judicial qualifications. 4. Good cause exception hearings conducted by the board of fingerprinting pursuant to section 41- 619.55. B. A hearing held within a prison facility by the board of executive clemency is subject to the cy provisions of this article, except that the director of the state department of corrections may: 1. Prohibit, on written findings which are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison. 2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies+4 THE PERSON'S signature. 3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras. 4. Require that a person who attends a hearing submit to a reasonable search on entering the facility. C. The exclusive remedies available to any person denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38-431.07, as against the director only. D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article OR TO ALLOW STANDING OR CONFERENCE COMMITTEES TO MEET THROUGH TECHNOLOGICAL DEVICES RATHER THAN ONLY IN PERSON. Sec. 8. Section 38-431.09, Arizona Revised Statutes, is amended to read: http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chapter 0358 -442R- C Ver of SB 1392 Page 10 of 10 38-431.09. Declaration of public policy It is the public policy of this state, rcflce+ed in thi3 artit L., that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this article shall inks into account the policy of thi3 articic and shall construe any provision of this article in favor of open and public meetings. APPROVED BY THE GOVERNOR APRIL 24, 2000. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2000. L http://www.azleg.state.az.us/legtext/441eg/2r/laws/0358.htm 6/14/2000 Chron 118 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Tom Ward, Interim Town Engineer gAZ fi"I iePtetr- THROUGH: Paul Nordin, Town Manager DATE: June 14, 2000 RE: Fountain Lake Liner Rehabilitation Project ENG 2000-01 Bid Award Bids were opened for the Fountain Lake Liner Rehabilitation Project on Tuesday June 13. Two bids were received as shown on the attached bid tabulation sheet. The low bidder was Hunter Contracting Company with a bid of$1,298,015.66. The Engineer's estimate was $1,672,475. The sequencing of events are as follows: June 20 Notice of Award/Notice to Proceed June 20—July 14 Temporary Fence/RPR trailer June 20—October 15 Concrete Preparation and Attachment September 1 —October 15 Geotextile and Geomembrane Installation October 15 Substantial Completion November 1 Lake in Operation December 22 Final Completion Staff recommends that the bid be awarded to Hunter Contracting Company in the amount of $1,298,015.66. TLW:bb L Lake Liner Bid Award 6-13.doc O O O O ON O O O O O O O O O v) M 4 c'ri 0 cn oo O O .O o a) O O 0000 In o 4 O vp 4. O O .0 0 C. U O do c+) N 00 cr) t` C N N vi © o o c to •a. N -, 64 4-7V 4-4 4-4 O 4-4 --4 � O l W a., 69 69 N 64 --4 69 ":t --4 69 69 M a) CO � a• f=4 'O 6R EA H4 b4 64ot) iT CY CO N • � � el CL O O O O O 00 O O O O O M Z O O O O t` oo O O O O O M O O v'i en 4 M O M 00 O O .O -'• m t. 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N M In Q N 00 O1 - , , L TOWN OF FOUNTAIN HILLS, ARIZONA ENGINEERING DEPARTMENT FOUNTAIN LAKE LINER REHABILITATION PROJECT BID NO. ENG 2000-01 fir.. BID REPORT BLACK & VEATCH Project No. 97021.100 June 2000 BID REPORT L Purpose The purpose of this Report is to evaluate the bids received for the Fountain Lake Liner Rehabilitation Project, and to provide a recommendation for award of the project. Bids for the Fountain Lake Liner Rehabilitation Project, were received at the Town Hall in Fountain Hills, Arizona, on June 13, 2000, until 2:00 p.m. The bids were then publicly opened and read aloud. Scope The scope of this report is the bid documents prepared by Black & Veatch Corporation, for the Fountain Lake Liner Rehabilitation Project, the bid documents and supporting correspondence from the two bidders, Hunter Contracting Co. and Pine River Construction, Inc. Project Description The Work to be performed is generally described as follows: The work includes the installation of approximately 1,340,000 Sq. Ft. of a nonwoven Geotextile and white single-textured HDPE geomembrane liner. Connection of the geomembrane liner to an existing concrete shoreline will be accomplished using a batten strip and epoxy stud water tight installation method or other approved water tight methods submitted by contractor. All other associated work is indicated on the drawings. Bid Summary Two bids were received for the Fountain Lake Liner Rehabilitation Project. All bids were from bidders specifying a prequalified installer who also attended the mandatory pre-bid conference. Bids received were comprised of the Unit Price Bid for items 1 through 11. All bid packages received were complete. Lump Sum Base Bid The Unit Price Base Bids received ranged from $1,298,015.66 to $1,331,282.70. In general, the two bids received were very competitive and only varied about 2.5 percent. All bidders appeared to have a good understanding of the project. A summary of the bidders and the base bids is presented in Table 1. L C:\WINDOWS\TEMP\Bid Report.doc -2- Table 1 Base Bid Results Bidders Total Unit Price Base Bid Hunter Contracting Co. $1,298,015.66 Pine River Construction, Inc. $1,331,282.70 A complete summary tabulation of the bids received is presented in Appendix A. Bid Evaluation As can be seen in Table 1, all bids are very competitive. In evaluating the bids, we evaluated the two bidders to determine their understanding of the project. Both contractors' licenses were verified with the Arizona Registrar of Contractors and were in good standing. Hunter Contracting Co. Upon review of Hunter's bid items, it was evident that their pricing was balanced. In other words, pricing does not reflect an abnormal weight on particular items. Also, Less than 10 % of their total price was given for item no. 11 "All Work Not Itemized Above". This will ensure that the majority of costs are adequately provided under the explicit bid items. Prices were consistent with the Engineer's Estimate. A call was made to Hunter concerning scheduling, subcontractors, and other specific interests of the Town. Hunter indicated no problems with meeting the project schedule nor has problems been indicated by their specified subcontractors. Hunter specified Polyflex, Inc. in the List of Subcontractors as their geomembrane and geotextile installer and supplier. Polyflex, Inc. is acceptable in accordance the Bidding Documents as a prequalified geomembrane installer and was an attendee of the mandatory pre-bid conference. Polyflex, Inc was also a prequalified manufacturer of the specified geomembrane. Hunter indicated that they have no changes to the List of Subcontractors submitted. Hunter agreed they could install the temporary construction fence immediately upon award of the contract next week. The pay item for the fence would be included in the first pay request by the end of June, which will include payment for the geomembrane. Hunter has the capacity and expressed interest in bidding or providing a change order for sediment removal and existing liner removal work. No exceptions or modifications to their bid were taken by Hunter. C:\WINDOWS\TEMP\Bid Report.doc -3- Pine River Construction, Inc. Upon review of Pine River's bid items, it was evident that their pricing was balanced. It was noted that 23% of their total price was given for item no. 11 "All Work Not Itemized Above". A call was made to Pine River regarding this unconnected cost and they indicated it is associated with costs that may not be completely associated with the Sediment Removal Project. Overall, prices were consistent with the Engineer's Estimate. A call was made to Pine River concerning scheduling, subcontractors, and other specific interests of the Town. Pine River indicated no problems with meeting the project schedule nor has problems been indicated by their specified subcontractors. Pine River specified Field Lining Systems in the List of Subcontractors as their geomembrane and geotextile installer and supplier. However, it is a discrepancy to list Field Lining Systems as the supplier of material and when notified, Pine River indicated Serrot as the actual supplier of material through Field Lining Systems. Field Lining Systems is acceptable in accordance the Bidding Documents as a prequalified geomembrane installer and was an attendee of the mandatory pre-bid conference. Although manufacturer prequalification was not a bidder prerequisite, Serrot is an unexpected supplier of the white geomembrane and was not prequalified by Black & Veatch. Accepting Serrot as a manufacturer of white geomembrane may cause the Town indirect problems during the project. Pine River agreed they could install the temporary construction fence immediately upon award of the contract next week. The pay item for the fence would be included in the first pay request by the end of June, which will include payment for the geomembrane. Pine River has the capacity and expressed interest in bidding or providing a change order for sediment removal and existing liner removal work. No exceptions or modifications to their bid were taken by Pine River. Recommendation Each of the two contractors: Hunter Contracting Co. and Pine River Construction, Inc. are experienced and qualified to perform this work. As presented earlier, the lowest base bid was submitted by Hunter Contracting Co. of Phoenix, Arizona. Hunter is a qualified construction firm with significant experience in related work. In addition, they are a relatively large construction firm with significant local resources which should be capable of L. meeting the schedule for this project. C:\WINDOWS\TEMP\Bid Report.doc -4- FOUNTAIN LAKE LINER REHABILITATION PROJECT BLACK & VEATCH ENGINEERING SERVICES SCHEDULE Task 1 Collect and Review Existing 100% Complete Information Task 2 Determine Available 100% Construction Period Task 3 Develop Dewatering Plan 100% Task 4 Characterize Lake Sediments 100% Task 5 Disposal Plan 100% Task 6 Evaluate Condition of Lake 100% Liner Task 7 Design Liner Repair or 100% Replacement Task 8 Contractor Pre-Qualification 100% Task 9 Bid Phase Services 100% Task 10 Construction Phase Services 0% L FOUNTAIN LAKE LINER REHABILITATION PROJECT RECENT PROJECT EVENTS : • DAM AT PUMP STATION INLET L • LAKE DEWATERING • AQUATIC LIFE REMOVAL • BID OPENING, JUNE 13, 2000 FOUNTAIN LAKE LINER REHABILITATION PROJECT CURRENT PROJECT SCHEDULE AND CONSTRUCTION SEQUENCING Critical Dates (Year 2000) Construction Activities June 20 Issue Notice of Award June 23 Install Temporary Fence Around Park June 30 Lake Dewatered / Aquatics Removed July 1 — August 15 Sediment Removal August 15 - October 15 Geomembrane Installation October 15 Substantial Completion November 1 Lake in Operation December 22 Final Completion Chron 117 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorabl; Mayor and Council FROM: Tom W;, : c d___ THROUGH: Pa11, 'n DATE: Jun , 000 RE: Memorandum of Understanding Town Center I and II Construction of El Lago Blvd (Fountain Hills to La Montana) In 1999 El Lago Blvd was constructed from Fountain Hills to La Montana with the understanding that the Town would be responsible for a portion of this construction. As part of their development stipulations, contributions were previously received from the developers of the Ridgeview Apartments ($6,608) and the Crystal Ridge subdivision ($125,000). These funds were specifically earmarked for the El Lago Blvd construction. Due to budgetary constraints for FY 2000-2001, staff has negotiated a cost reduction agreement dated May 25, 2000 and signed by MCO Properties June 1, 2000. Town's portion of the improvements $220,141.08 To offset these costs, MCO has agreed to pay for their 50% commitment of the signal at Avenue of the Fountains and Palisades -90,000.00 MCO has also agreed to pay for their commitment to construct the medians on La Montana between Avenue of the Fountains and El Lago -30,372.95 Balance due MCO $ 99,768.13 Staff recommends approval of the payment to MCO for the Town's portion of the El Lago Blvd construction. TLW:bb L Staff Memo-TC MOU.doc O+IX"'41, Chron 110 k6 � { �� Town of FOUNTAIN HILLS • • esr.19>f9 9��thatisW1 May 25,2000 MCO Properties 16930 E.Palisades Blvd. Fountain Hills,AZ 85268 Attn: Mike Snodgrass Re: Town Center I and II Commitments Memorandum of Understanding Gentlemen: Per our discussion,the Town is agreeable to amending the requirements for the Town Center I and II developments. As per the Town Center II Improvement Cost Allocation, the Town's portion of the improvements is $220,141.08. Staff is recommending the following reductions from this payment: • $30,372.95-MCO's portion of the medians on La Montana between Avenue of the Fountains and El Lago • $90,000-MCO's 50% commitment towards the traffic signal at Avenue of the Fountains and Palisades by the year 2005. Staff predicts this signal will warrant installation in FY 01-02. Therefore,the developer cost portion would be credited against the Town's cost items. This will reduce the Town's portion of the Town Center II improvements to$99,768.13. If the above recommendations are acceptable, please acknowledge by signing below and return one copy to this office. Res fully, Thomas L. d ‘da9e/f Interim Town Engineer TLW:bb att. cc: Paul Nordin Julie Ghetti Acknowledged: Date: f p - MCO Properties Lie By: 16836 Fast Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(480)837-2003-FAX:(480)837-3145 TC I-I1.doc 4 �64tpIN v Chron 172 o > t _ s' Town of FOUNTAIN HILLS SSIT.1914 9�� 010 ekit Is WI' June 3, 1998 Dan Kelly MCO Properties LLC 16838 E. Palisades Blvd Fountain Hills, AZ 85268 Ray Baldwin SunRidge Canyon LLC 12825 N. Sunridge Drive Fountain Hills, AZ 85268 Re: Future traffic signal commitments Gentlemen: Per your requests, this letter is to formally outline your current commitments for future traffic signal work. SunRidee Canyon (excerpt from the Area Specific Plant Construct a fully-actuated traffic signal at the Shea Blvd/Palisades Blvd intersection(100%developer cost). Place traffic signal conduit and pull boxes across new roadway pavement, and in joint utility trenches across existing roadway pavement, at the following intersections: • Palisades Blvd/South Roadway • Palisades Blvd/Parcel H Access Road • Palisades Blvd/Golden Eagle Blvd • Golden Eagle Blvd/East Roadway • East/South/North Roadway • East Roadway/Parcel D Access Road • Other location(s)designated by the Town Engineer The developer will be responsible for 50% of the traffic signal project cost at any of these intersections where an MUTCD warrant is met, prior to 5 years after Low having platted 80%of the building development acreage of Sunridge Canyon. E:Utandy\Future traffic signal requitements.doc Page 1 of 3 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 Chron I": Some of the conduit and pull boxes were not installed, as required by the ASP, as follows (the roadways have been given their actual names): Conduit Legs Not Location Required Plans Show Constructed Constructed Shea/Palisades 2 2 2 Palisades/Sunridge Drive 2 1 0 2 Palisades/Sunflower 3 4 0 3 Palisades/Golden Eagle 0 0 0 Golden Eagle/Desert Canyon 2 1 0 2 Sunridge/Desert Canyon 2 2 0 2 Desert Canyon/Sundown 3 0 0 3 Other. Palisades/Palomino/Eagle 3 1 1 2 Ridge Total 17 11 3 14 The value of all the conduits and pull boxes not constructed is estimated to be $20,000. It would be senseless to make all those cuts across (now) relatively new streets. Therefore, the Town's share of the first traffic signal installed should be reduced by the value of the uninstalled conduits and pull boxes, and the developer's share increased the same amount. The developer was permitted to construct an "interim"signal at the Shea/Palisades intersection; if the "ultimate" signal modification (adding dual left turn lanes eastbound-northbound) is (11146, warranted within the five-year period, the developer should have a 50% responsibility. As shown on the attached tabulation, 80% of the building development acreage has not yet been platted, but will be upon recordation of Parcel J. Therefore, the developer is responsible for 50% of the traffic signal project cost at any of these intersections where an MUTCD warrant is met prior to 5 years after the recordation of Parcel J. (Ray Baldwin expects Parcel J recordation by October 1698 so 5 years thereafter would be October i i Town Center I (excerpted from Final 'lat Stipulations) Developer agrees to pay 50% of the costs of future traffic signal at the Avenue of Fountains and Palisades Blvd intersection. Developer agrees to maintain a bond in sufficient amount to be determined by the Town Engineer to cover one half of the cost of such construction. Such bond will be maintained for a period of no less than five years from the date of this agreement. Developer shall remit payment for its 50% within thirty days of notice from the Town. As indicated, the Developer is required to pay 50%of the future traffic signal costs, when it is warranted. The Developer is required to maintain a bond for this work until November 6, 2002 (5 years from the participation a: ement date of November 6, 1997). Town Center II (excerpted from Final Plat Stipulations) Participate 50% in construction of traffic signals at the Fountain Hills Blvd/El Lago intersection, if warranted prior to 2005. E:\Randy\Future traffic signal tequirements.doc Page 2 of 3 Chron 172 (Ilarr Unless otherwise modified by final plat stipulation or participation agreement verbiage, 50% developer participation will be required if a traffic signal is warranted prior to January 1, 2005. Firerock Country Club The Developer agreed to modify both the Shea/Palisades and Shea/Fountain Hills Blvd signals to accommodate the proposed new south legs of the intersections. Further modifications were not agreed upon. The extent of the modifications will need to be clarified by the improvement plans and/or final plat stipulations. Parcel C will access Shea Blvd. Although the Developer's traffic report indicates that a traffic signal is unlikely to be warranted at this location, provision for this possibility should be clarified by final plat stipulations. Plat 706 The wing final plat stipulation applies to the Shea/Monterrey intersection: Participate 50% with the Town should future traffic signal be needed at the Shea Blvd. and Monterey Dr. intersection, within five(5)years after plat recordation. Plat 706 was recorded on February 24, 1997. Therefore, the developer is responsible for 50% of the traffic signal cost at the Shea/Monterrey intersection until February 24, 2002. Crossroads Convenience Center Maricopa County Planning&Zoning Commission on June 16, 1988 stipulated: "posting assurance of$16,S00 for four years for future traffic signals". The project was platted through Maricopa County in 1989. MCO posted assurance with the Town and received an encroachment permit on December 29, 1993. The Town did not hold any assurance past the end of the 1 year warranty period after completing the public improvements. MCO's commitment for a traffic signal at Crossroads Convenience Center/Shea has clearly expired trul yours, I L Randy . Harrel, P.E.,L.S. Town Engineer bb att. E:Vtandy\Future traffic signal requirements.doc Page 3 of 3 PPGJ.ECTED TRAFFIC SIGNALS MAP KEY DATE:6-2-98 ' ""E IC COWL�aMrfr FMM 0 TRAFFIC WPM 00 RAHIEPAMBiMfTTART FRONAL SKEW STATUS came � l c PLANNED re cresol) c` . ---- . PEAR FUTURE(PROPAE.E EY 600) 1-02- 41 DEVELOPER CC6NrTIENTE EI�IAno N DATE(Io%) YP 11�.•//�� FCC FIRE ROCK COUNTRY cueII I • ; FEMMEon1ER FEE wormLOCATIONj i II 11 STATE TARO - I.•-• H-..'' -'-''-''' ' -;. .-.-2: -:' .: . -7 .'.:'''',.',%.'‘' i 0 a 1 r 0 t V--'• - q ).c; '', = '--.=\d' 8 14%1, .,. . ,.,__,,,*__ , •,I -e•':I!'.-1-—--`,.'T' 6::144404441400;, j:tit 11C �q � 7---7.::a—:, '::,-r: ',-:-'( 44016.- 2k, '-''' '.\t",0 i - _ _ _ ., .,. '''' ie'lls ' :U,MCM0,-; i \: :17F5=ii---., = �� lik - " : r4ibiellirftelAirr ,.---, :_ I .. _ .....dii kik --A*,„,,A,, . ----..1110.4,N .41'44.''''"'''`.4.... I .. 1 ,., 4:701:4.21,- ,7„,..--''—7 t7,-7„,.'''--- 41.21 . ' 911°4114tAktika,'.'''..-'-' --' i 1"I le k:tIPIP.'''-'"r-A .' .,, .IT ,firlartiZIOAIMilist'; : --- -'7..s, '-'.:- ‘ ' 4: , ..*: ice®c -\ - aft, \ \ii,.-. , '-:"-' '.::1'-'Il _.:.1,7. • .,, • .. ' ,, Illi''' '' � � y _\- :t:, 4.-•!,..''' IsaNIAIVAsh. \,-)1 i 1 ,,(/),..".Amami IRfICCWORAT® . . , ., 0.a., —....,______ . , .,..",40„ , _, , , .,—., _„,,,:„..,. .. :, :',7*77-1-:.'i,--_.„. � . , 1 - IIIV". '''-,.,, ' : 1 EAGLE MTN R® .. e FCC 111 FC 28 _ 274 \ 7 . L., _ . .:::-:__ , _ . .• _./. .„. ,:.r.,.,,,,, , -L-----.:7-.-,..,-.-. .4 GI . . ,_. � 44 • .� No',,, r � • - SCALE: r.2eool SALT MI NM tWDOFA lOAN RNA D( / MAY-31-2000 09:44 TOWN OF FOUNTAIN HILLS 4340 P.02/03 Cliron 06 topelly IP4k0 Town of FOUNTAIN HILLS ., ./ •,.r Nei is 0 January 7, 1999 MCO Properties 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 Attn: Mike Snodgrass Re: Town Center II landscaping (and sidewalk) commitments Gentlemen: Per our discussions, the Town is agreeable to amending the landscape timing requirements for the Town Center II subdivision, similar to the Town Center I subdivision, as follows: • The MaryMunde Walk sidewalk and landscaping, revs station of the Lot 1 hillside revegetation easement disturbed area, and the median island landscaping at La Montana should be constructed during the subdivision infrastructure construction. Also the sidewalk along the south frontage of La Vida Buena (a Town cost item) should be constructed with the subdivision infrastructure. • The Town will design, manage, and have constructed the landscaping along the South La Vida Buena frontage, along the Mary Munde Walk frontage West of the walkway, and at the median island at Fountain Hills Blvd. The Town will also install the = = tation - •ng the • tal Rid•e fronta• : Note • • = e - - - • ost items. • The Town will construct the raised median and median landscaping along La Montana, and the intersection recrowning at El Lago (all 50% shared joint costs). Developer cost portion to be credited against other Town cost items. The Town will construct thes: -t a time coordinated with the Civic Center construction. • • • - •nta. _ . . ••. ' • ••• - : - • - - - a • , . _ ' . . backslopes) fronting on Town Center II property may be deferred until the subdivision one-year warranty inspection date (estimated at July 1, 2000). • The deferred frontage landscape and sidewalk improvements shall be substantially complete and ready to punch list by the warranty inspection date. L TC II Landscaping Commitments.doc Page 1 of 2 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 MAY-31-2000 09:44 TOWN OF FOUNTAIN HILLS 4340 P.03/03 • Chron 06 • All existing and new disturbed areas within the subdivision and adjoining rights-of- way shall be revegetated/landscaped in accordance with the Subdivision Ordinance. • The Town will hold an appropriate bond amount for this deferred work, in addition to the standard residual 10% bond for completed subdivision improvements, for one year after their completion. Should any further clarification be needed, please advise. Yours very truly, Randy L. H el, P.E., L.S. Town Engineer bb cc: Tom Ward Dan Schmerfeld Jim Leubner Jeff Valder L L TC U Landscaping Commitments.doc Page 2 of 2 TOTAL P.03 Medians on La Montana between Avenue of the Fountains and El Lago S UTH ISLAND Vertical curb and gutter 1,016 If @ 11.01 If = 11,186.16 Remove 4" A/C 933 sy © 4.84 sy = 4,515.72 Patch A/C 4" 256 sy @ 15.96 sy = 4,085.76 3" Conduit 100 If © 8.37 If = 837.00 1" Water Service 850.00 Water Meter 1 ea @ 900.00 = 900.00 Signing and striping 3,000.00 Landscape and irrigation 3,789, sf @ 2.00 sf = 7,578.00 Slurry seal 3,190 sy © 0.75 sy = 2,392.50 Backfill island 140 ton 1,540.00 36,885.14' Indirect costs 11,434.81 Total 48,319.95 50% r 24,159.98 NORTH ISLAND Vertical curb and gutter 1,216 If © 11.01 If = 13,388.16 Remove 4" A/C 1,000 sy © 4.84 sy = 4,840.00 Patch A/C 4" 270 sy © 15.96 sy = 4,309.20 is a and irrigation 4,140 sf © 2.00 sf = 8,280.00 S caing and striping 3,000.00 Slurry seal 3,270 sy © 0.75 sy = 2,452.50 Backfill island 152 ton 1,672.00+ 37,941.86 Indirect costs 11,761.97 Total 49,703.83 50% 24,851.92' 25% of 50% 6,212.98 MCO Share 30,372.95 L See tPQ5es a 3 Meeting of 1995-4-20 Regular Session TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 20,1995 A public meeting of the Fountain Hills Town Council was convened and called to order by Vice Mayor Clark at 6:30 P.M., Thursday,April 20, 1995, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd.,Building C,Fountain Hills,Arizona. ROLL CALL-Following the pledge to the flag and the invocation by Councilman Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Frank Clark and Councilmembers Don Lawrence,Peg Tibbetts,Wally Hudson,Bill O'Brien and Marianne Wiggishoff. Mayor Cutillo was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Jeff Valder and Geir Svedrup. Lir Councilman O'Brien asked to remove Agenda Item#5 from the Consent Agenda for further discussion. Vice Mayor Clark read the remainder of the Consent Agenda as follows: AGENDA ITEM#2- CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF APRIL 6TH AND 12TH. 1995. AGENDA ITEM#3- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF RUEN-SHIN TZYH FOR HA CHINA LOCATED AT 11849 NORTH SAGUARO BOULEVARD. THE APPLICATION IS TO TRANSFER THE EXISTING CLASS 12 (RESTAURANT) LIQUOR LICENSE FROM HEUI-PING CHEN TO THE NEW OWNER,RUEN-SHIN TZHY. AGENDA ITEM#4- CONSIDERATION OF APPROVING A CONTRACT EXTENSION FOR D.L.C.RESOURCES,INC.IN THE AMOUNT OF$6.208 FOR MAINTENANCE SERVICES AT GOLDEN EAGLE PARK. AGENDA ITEM#6- CONSIDERATION OF RESOLUTION 1995-17 REQUESTING EXTENSION OF INTERGOVERNMENTAL AGREEMENT FOR THE DEPARTMENT Law, OF COMMERCE CAPITAL IMPROVEMENT PLAN GRANT. a AGENDA ITEM#7- CONSIDERATION OF THE CONTRACT APPROVAL FOR THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR THE PURCHASE OF BARRICADING AND DETOUR SIGNS. AGENDA ITEM#8- CONSIDERATION OF THE AMENDED PLAT FOR RANCHO MONTANO ESTATES TO PLAT 8 FOOT PUBLIC UTILITY EASEMENTS AT SALT RIVER PROJECT'S REQUEST AND TO REALIGN LOT LINES TO CONFORM TO THE RETAINING WALL ALIGNMENTS. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilman Hudson Aye Councilman O'Brien Aye Councilwoman Wiggishoff Aye Councilwoman Tibbetts Aye Vice Mayor Clark Aye The motion CARRIED unanimously. AGENDA ITEM#5 - CONSIDERATION OF APPROVING CASH PAYMENT FOR CRYSTAL RIDGE SUBDIVISION IN LIEU OF ASSURANCE OF CONSTRUCTION FOR PAVING OF EL LAGO BLVD. Councilman O'Brien stated he was ambivalent about approving a cash payment in lieu of assurance of construction and that he thought it might become precedent-setting. He disagreed with the amount of the cash discount because it was figured with the understanding that downscaling of the project might occur, but since that determination had not been finalized, he felt no discount should have resulted in the calculation of the cash settlement. Town Engineer Randy Harrel reported that the uncertainty of the future alignment of El Lago, which he had estimated at$163,000,had prompted the developer to propose a cash settlement amount in lieu of fulfilling his street construction requirement. He stated since there had been questions with determining the ownership change for the project,the developer proposed to fulfill the street construction obligation immediately with the discounted cash settlement. This settlement could be used for any project the Town deemed necessary. He said that the developer had indicated that the Town's figures on street construction were too high and offered a cash settlement of$125,000. Councilwoman Tibbetts asked if there was a time limit for the acceptance of the assurance of construction or was a decision eminent at this meeting. Attorney Farrell stated that El Lago was designated to be a dedicated street but not improved. If the Town decided to improve the street, it would use the$125,000 payment. Lor Councilman Lawrence pointed out that since the future of the street was in question,the Town should accept the$125,000 settlement, which he said was a generous offer. 2 Lie Vice Mayor Clark suggested the Town accept approval of the cash settlement because the construction of the road was not needed at the present time and maintenance expenses should also be considered. Councilman Lawrence MOVED to approve the cash payment for Crystal Ridge subdivision in lieu of assurance of construction for paving of El Lago Boulevard. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Note ; $Iab,,000 paid ii-a4-45• �.•— AGENDA ITEM#9 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob presented the Court's monthly report for March, 1995. He pointed out that collection efforts on delinquent accounts had been successful during the past month. Councilwoman Tibbetts asked if bar charts denoting receivables and the number of cases could be prepared for next month's report. Judge Shoob stated he could present these charts next month. AGENDA ITEM#10- PREVIEW OF THE COMMUNITY BULLETIN BOARD. SCHEDULED TO AIR ON CHANNEL 11.MONDAY.APRIL 24TH.AND INTRODUCTION/ACKNOWLEDGEMENT OF THE PROJECT TEAM VOLUNTEERS. Peter Putterman described the acquisition of the Community Bulletin Board as a new cable service to Fountain Hills. He commended Dr. Jean Paisley and Beth Smith from the Fountain Hills Jr./Sr. High School who had assisted him in the organization of the project. Eric Smith, David Diley, Chris Belford, Stefan Bill and Nathan Jackson were students from the High School who worked very hard in developing this service. Mr. Putterman displayed the Community Bulletin Board on a television screen and explained the application procedure for non-profit groups to get their message on the Board. Councilwoman Wiggishoff commended Mr. Putterman for his efforts and pointed out that this was a good example of the Town working with the school for the benefit of the community. AGENDA ITEM#11 -REPORT BY THE MCDOWELL MOUNTAIN PRESERVATION TASK FORCE AND APPOINTMENT OF TASK FORCE MEMBERS. Mr. Nordin referred to his manager's report which listed ten names that the nominating committee had chosen for the McDowell Mountain Preservation Task Force. The nominees and the representative organization of each were: Nelson Van Sant, Chamber of Commerce; Roy Kinsey,McDowell Mountain Park Association; Bill Flaherty,Civic Association;Jim Carroll, general public; Tim Terrill(Alt. Jim Jenkins),MCO; Kim Shuman,Public Education;Meredith Lire Hale,Rio Verde; Sharon Hutcheson,Committee for Sensible Development; Mitchell Silver, Committee to Preserve the Environment and Richard Lantz,Parks &Recreation Commission. 3 co 2, +Ix'iv 4v, ,F4Ai �.,(..,,, .. , s. Town of FOUNTAIN HILLS y, d • es,:,9 9��that Is ivy°�a January 7, 1998 • Laurel K. Walsh National Portfolio, Inc. 2999 N. 44th Street, Suite 450 Phoenix, AZ 85018 Re: Ridgeview Apartments Dear Laurel: This letter supercedes our letter of August 29, 1997, regarding Engineering Department fees for the Ridgeview project. Items recently negotiated to resolve have been asterisked. Thank you for your cooperation in resolving this matter. cw. 1 Encroach..-nt Permit fee computation p $3,589 Roa. in-lieu .. • ent 9,4 3 *fa 6' wide strip on El Lago Boulevard Pli ID lb a/92 S6,608 4 Prese• .tive - .1 (by Ridgeview) S 0 igning, striping, an. mar _ , .. 6 Pavement construction, east of Ridgeview frontage -$8,785 7 * Ridgeview will also be responsible for the construction of the drainage facility outfall east of the property boundary; estimated cost is $5,282 Total $12,524 Previous Payment -$ 2,912 Payment Due $9,612 Please send or bring in this amount within 15 days. If you need any further clarification or documentation, please advise. er truly ours, (--. Randy L.'Harrel, P.E., L.S. Town Engineer RLH:bb 16836 East Palisades Boulevard - P.O. Box 17958 - Fountain Hills, Arizona 85269 - (602) 837-2003 - FAX: (602) 837-3145 FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT L 'Surging Toward Greater Heights In Education." eb June 6,2000 Ms. Sue Degler Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 Dear Sue: Per Mr. Nordin's request, enclosed are two"clean"copies of the IGA between the Town of Fountain Hills and Fountain Hills Unified School District. This 1GA is to go on the agenda for the next council meeting. If you have any questions,please feel free to contact me. Thanks! Sincerely, isa Lee Assistant Superintendent's Secretary L 14605 N. Del Cambre Fountain Hills,Arizona 85268 602-837-0690 FAX 837-7603 INTERGOVERNMENTAL AGREEMENT This Agreement made this day of , 2000, by and between the Fountain Hills Unified School District No. 98, Maricopa County, Arizona(hereinafter referred to as "School District") and the Town of Fountain Hills, a municipal corporation of the State of Arizona, (hereinafter referred to as "Town"). WHEREAS, A.R.S. §§ 11-951 and 11-952 authorize Intergovernmental Agreements by and between political subdivisions and political agencies such as the School District and the Town; and, WHEREAS, the School District is authorized by A.R.S. §§ 15-342.13 and the Town is authorized by Town Code § 2-1-2 to enter into Intergovernmental Agreements; and, WHEREAS, the Town from time to time wishes to utilize School District facilities for public meetings and recreational and physical development programs and activities; and WHEREAS, the School District wishes to utilize facilities of the Town for the conduct of recreational and physical development programs and activities; and WHEREAS, certain intergovernmental agreements have already been executed by the School District and the Town dealing with these issues in respect of specific facilities, and the parties desire to "merge" and supercede those preexisting intergovernmental agreements into this single Agreement; and WHEREAS, the parties hereto desire to make their respective facilities available for such use by each other as permitted by law and under terms and conditions set forth herein; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Section I. The Intergovernmental Agreement dated September 11, 1994 (dealing with general use of facilities), Intergovernmental Agreement dated November 2, 1995 (dealing with the Four Peaks Elementary School Athletic Field), and Intergovernmental Agreement dated October 23, 1996 (dealing with the Palisades Basketball Courts) are hereby terminated by mutual agreement of the parties hereto, without additional notice or other action, and replaced in all respects by the terms and conditions of this Agreement. This Agreement is also intended to apply and does apply to additional facilities, that is, in addition to those subject to the aforementioned (previously executed) intergovernmental agreements, e.g., to Parcel "A" of the Four Peaks Elementary School site, as depicted on the survey completed by Project Engineering Consultants, Ltd., dated May 30, Lew 1997. Section II. Both parties to this Agreement wish to make their respective physical facilities, including space upon their respective properties or within their buildings, available for use by one another for various public use purposes including, but not limited to, recreational programs, public meetings of councils, boards and commissions, and similar public functions and educational programs. For example, the School District wishes to make certain physical facilities known as the Palisades Basketball Courts at the high school campus and the Four Peaks Elementary School Athletic Field available to the residents of the Town for use during after-school hours, District recesses, District holidays, District vacation days, and on weekends. Additionally, the School District wishes to make certain physical facilities known as the Four Peaks Elementary School Athletic Field available to the residents of the Town for recreational events at night, events requiring the use of outdoor lighting. Similarly, the Town wishes to make certain physical facilities available to the use of the School District, such as a lighted soccer field, a 1,000 square foot control building with restrooms, a ramada, bleachers, a span bridge (pedestrian footbridge) and botanical walkway on property described as Parcel A of the Four Peaks Elementary School site, as depicted on a survey completed by Project Engineering Consultants, Ltd., dated May 30, 1997. A. As to the Palisades Basketball Courts, the Town shall be responsible for the scheduling and use of the Courts at all times during evenings, District recesses, vacation days, and weekends. The School District shall have exclusive rights of use at other times. The School District acknowledges and understands that the Town may, in fact, charge an incidental fee to users of the facility for the use of the lights but that the fee is not a rental for the use of the School property. The Town shall be solely responsible for all costs associated with installation, operation, and maintenance of the lights during the existence of this Agreement. The Town shall retain ownership of the lights for the term of the Agreement, and if the Agreement is either terminated or not renewed for any reason, then the Town shall have 180 days within which to remove the lights from the campus. Should the Town elect not to remove the lights from the campus then the lights shall become the property of the School District. For its part, the School District shall make available to the Town and maintain its parking facilities during the after-school, evening and vacation days upon which the basketball courts are being used by the Town at no additional charge to the Town. The School District shall be totally responsible for the maintenance, cleanliness and safety of the court surface, poles, rims, and netting, and shall maintain them in a standard and to such a degree that the courts will be useable for nighttime activity. The maintenance of the courts shall be equal to that which is provided by the Town at Golden Eagle Park Courts. B. As to Four Peaks Elementary School Athletic Field, the Town shall be responsible for the scheduling and use of the field at all times during evening hours, District recesses, vacation days, and weekends. The School District shall have exclusive rights of use at other times. The School District acknowledges and understands that the Town may, in fact, charge an incidental fee to users of the facility for the use of the lights but that the fee is not a rental for the use of the School property. The Town shall be solely responsible for all costs associated with the installation, operation and maintenance of lights during the existence of this Agreement. The Town shall retain ownership of the lights for the term of the Agreement, and if the Agreement is either terminated or not renewed for any reason, then the Town shall have 180 days within which to remove the lights from the field. Should the Town elect not to remove the lights from the field, then Listy - 2 - 659342.1/44928-1 the lights shall become the property of the School District. The School District shall make available to the Town and maintain its parking facilities during the after-school, evening and vacation days upon which the facility is being used by the Town at no additional charge to the Town. The Town shall be totally responsible for the maintenance of the surface conditions of the Athletic Field and shall maintain the field in the standard and to such a degree that the field will be useable for nighttime activity. The maintenance of the field shall be equal to that which is provided by the Town at Golden Eagle Park. The Town and School District contemplate that School District will convey to the Town ownership of the Four Peaks Athletic Field, and certain surrounding areas pursuant to a separate written instrument which will contain the agreement of the parties in detail. Notwithstanding the foregoing, the School District will retain rights of use of the Four Peaks Athletic Field during school hours between 8:00 A.M. and 3:30 P.M., even after the conveyance of said property to the Town. C. With respect to the lighted soccer field and other facilities on Parcel A (according to the Four Peaks Elementary School site survey), the School District shall have a right to use the property and any improvements thereon during all school days and for scheduled after- school activities, as approved and scheduled by the Town, without payment of fees to the Town. The Town shall be solely responsible for all costs associated with the installation, operation and maintenance of the soccer field lights and other utilities applicable to Parcel A during the existence of this Agreement. The Town shall be responsible for the scheduling and use of the field at all times. The Town shall be totally responsible for the maintenance of the soccer field and shall maintain it in the standard and to such a degree that the field will be useable for nighttime activity. The maintenance of the field shall be equal to that being provided by the Town at Golden Eagle Los, Park. Section III. Except as otherwise specifically provided herein, usage of each party's facilities will occur with the mutual consent and agreement of the town and district; the terms and conditions of such usage may include times, dates, areas and/or buildings to be used, along with specific provisions for the allocation of responsibility for fees, oversight, maintenance, operation and other issues incident to the use of the facilities. The School District will submit its one hundred eighty (180) day schedule (District calendar) to Town as soon as reasonably practicable to aid in advance coordination of facility use. However, nothing herein shall be construed to bar the submission of a scheduling request upon shorter notice. The Town will provide to the School District its' schedule for facilities covered by this Agreement to aid in achieving timely coordination of events scheduled by the Town. The usage schedules for each jurisdiction's facilities are controlled and/or approved by the Town Manager and the District Superintendent. The Manager and Superintendent will work together to resolve any issues specific to these responsibilities or procedures. Section IV. The Town and the School District will provide adequate adult supervision for any program or activity one party conducts on the other party's premises. The party conducting the activity shall have the sole responsibility for the conduct and control of the program or activity being conducted on the other party's premises. Lir - 3 - 659342.1/44928-1 Section V. The Town understands and acknowledges that it shall be responsible for, and use its best efforts to correct, any complaints or problems that may arise from neighbors or surrounding property occupants concerning the use of lights on athletic fields during evening hours. The Town also agrees to indemnify and defend any and all claims or litigation that may arise as a result of complaints or problems filed by neighbors or surrounding property occupants, or otherwise arising from the use of athletic fields or facilities scheduled by the Town during the term of this Agreement. Section VI. Any facility used by either the Town or the School District shall be left in an orderly and clean condition at the conclusion of the activity by the party using the facility. Any damage, other than the normal wear and tear, done to any building or other facility shall be repaired and/or replaced, as appropriate, by the party responsible for the damage. Section VII. The parties hereto agree to secure and maintain insurance coverage for any risks which may arise out of the terms, obligations, operation and actions provided in this Agreement. The parties to this Agreement shall provide to each other a Certificate of Insurance or a Declaration of Self Insurance indicating as a minimum the following coverage: 1. Comprehensive general liability coverage including but not limited to blanket contractual liability, personal injury liability and broad form property damage. The minimum amount for such coverage shall be $1,000,000.00 combined single limit. 2. As to the employees of each of the parties a Certificate or other evidence indicating that the employees are covered for claims arising out of Workers Compensation as required by the law of the State of Arizona. 3. The Certificate of Insurance or Memorandum of Self Insurance shall indicate that the other party is an additional insured pursuant to the provisions of this Agreement. Section VIII. In addition to the Insurance Provision set forth in Section VII above, each party hereby also agrees to indemnify and hold harmless the other, including elected officials, officers, administrators or employees from any and all liability resulting from personal injury or death or damage to property of third parties arising out of the use of the facilities for claims alleging the negligence or intentional acts of the elected officials, officers, administrators or employees of the party which did not sponsor or schedule the event as to which such claims are made and as to which the indemnifying party was the sponsor or scheduling entity. Section IX. The parties agree and acknowledge that each party has fiscal responsibilities in connection with this Agreement; the governing bodies shall, pursuant to the budget laws of the State of Arizona, make every effort to annually include in their operating budgets sufficient funds for the performance of their mutual obligations to operate the programs and uses contained herein. - 4 - 659342.1/44928-1 Section X. The parties agree that this Agreement may be terminated by either party for any reason and without the statement of cause simply upon delivery of written notice of intention to terminate delivered to the other party one hundred eighty (180) days prior to the actual date of termination. Section XI. This Agreement shall be in full force and effect for the period of ten (10) years and may be reviewed and continued for additional ten year periods by appropriate act of the governing bodies. This Agreement shall be effective pursuant to A.R.S. § 11-952G on the date it is recorded in the office of the Maricopa County Recorder. The Agreement is subject to cancellation pursuant to A.R.S. § 38-511. Section XII. The parties agree that if there is a dispute as to the terms and conditions of this Agreement, or a dispute as to the terms and conditions or the relative equity of the operation and use of a facility or athletic field, the Superintendent of the School District and the Town Manager shall meet and attempt to resolve any disputes or concerns prior to the matter coming before the Governing Board or Council of the respective bodies. L - 5 - 659342.1/44928-1 PURSUANT TO the provisions of A.R.S. § 11-952.D., this contract has been submitted to and approved by the attorney for each of the public agencies who certify that the Agreement is in proper form and it is within the powers and authorities granted under the laws of this State to the School District and Town. Wil iam E. Farrell, Town Attorney Attorney for School District TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT No.98 Mayor President of the School Board Attest: Attest: L Cassie B. Hansen, Town Clerk Secretary of the School Board Reviewed by: Reviewed by: 1-/,/LL.a/ /7/, Paul L. Nordin, Town Manager Dr. Maria L. Menconi, Superintendent - 6 - 659342.1/44928-1 MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir H. Sverdrup, Senior Planne DATE: June 9, 2000 SUBJECT: TU2000-04 Bedlam Bed & Breakfast renewal Pamela Carlson of Bedlam Bead & Breakfast has requested that the temporary use for the existing B&B be renewed for a period of five years. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT June 15,2000 CASE NO: TU2000-04 LOCATION: 15253 N. Skylark Circle,AKA Lot 6, Block 2,Plat 429. REQUEST: Renewal of a Temporary Use permit for a Bed and Breakfast. DESCRIPTION: OWNER: Pamela Carlson APPLICANT: Pamela Carlson EXISTING ZONING: "R1-35" LOT SIZE: 1.09 Acres EXISTING USE: Single family residential with a Bed and Breakfast. SURROUNDING LAND USES AND ZONING: NORTH: Vacant; unzoned State Land Cow SOUTH: Vacant&single family homes; zoned "R1-35" EAST: Vacant& SFR; zoned "R1-35" WEST: Water Tank; zoned "R1-35" SUMMARY: This request is for the renewal of a Temporary Use Permit to allow the existing Bed and Breakfast located at 15253 N. Skylark Circle to continue its operation. Under normal circumstances Temporary Use Permits are issued by staff after the required 10 advertising period. In circumstances where a written protest is received within the posting period the request must go before the Town Council for action. The Fountain Hills Zoning Ordinance requires that under Chapter 2, Section 2.03.D.4 "If there is an written objection received by the closing date of the advertising period, the Council shall consider the application at the first regular meeting held not less than fifteen (15) days after the receipt of said protest. As this permit was opposed during its original approval process and subsequently approved by the Town Council, the renewal can only be approved by the Town Council it is no longer a staff function. The existing operation has been a low intensity use due to the constraints required by the Ordinance. At a maximum there can be four additional people in the proposed residence and two additional vehicles. The site is 1.09 acres. There has not been a noticeable increase in traffic. The two lots immediately south of this lot are vacant. The impacts to the neighbors appear to have been page 1 of 2 thor minimal as there have been no complaints registered with the Town Marshal's Department or the Community Development Department. During the posting period for this use only one letter was received and the writer stated that the applicants are "thoughtful and caring neighbors" and that "if I did not know that there was a Bed and Breakfast operation next door, I would have never know by the activity at their home." The letter was received from Ray and Deb Feller, the closest neighbors to this use. Temporary Uses are valid for two years upon first approval of the use. Renewals are generally good for one year, requiring a re-application every year. The applicants have requested that the Council approve a five year renewal with annual review by staff. However the Zoning Ordinance only allows for a maximum of two year approvals under Chapter 2, Section 2.03.E.3 CODE REQUIREMENTS: SECTION 10.03 Uses subject to Temporary Use Permit B. Bed and Breakfast. Bed and Breakfast operations may be permitted in these zones by Temporary Use Permit only. At a minimum the following standards shall apply 1. No more than two (2)bedrooms per residence may be used for the business. 2. No more than two persons per room. 3. One off-street, non-tandem parking space per bedroom FINDINGS OF FACT: 1. The original application was approved under TU96-19, and started operation on February 11, 1998 at the receipt of the final certificate of occupancy. 2. The proposed use has been stated in the application to use two bedrooms for two people as required and will supply the required parking on-site. 3. One (1) written letter of support has been received by staff within the required posting period. The operation of the B&B has not generated any complaints over the last two years. RECOMMENDATION: Based on Town Ordinance Section 10.03 Uses Subject to Temporary Use staff finds that this request is consistent with the intent of this section of the ordinance and therefore recommends approval of this Temporary Use Permit for a period of two years. L page 2 of 2 a o i\ 1� TOWN OF FOUNTAIN HILLS '0mZ:0e COMMUNITY DEVELOPMENT DEPARTMENT to - s ai § ° c o ", ' v " cif Dfte;Filed Fee Ltkd Acc t I Cqi 2-A6 2S5 Type gmpora(y Use Requested Teno✓rtry Q i^1jit -Qr� c_J rooms , AecA-- £r 417` Date(s)Temporary Use Will Ocicur From: To: Address of Subject Property Zoning /�-�'a5-3 NO RA S4! /Ca1/ airde _ Legal Description: Plat 7�� Block Lot(s)/+ Applicant .g .�m Day Phone PAin&14 (11,4P-Acril %Xi $4- ,:fir 7' li 7 -9G_9 Address /Ja5_� /� ._.l kV /o/ri C r City _", 0/i/41 S�� Zipps y Owner T Day Phone f4m&/ g .A oil Address City ST Zip , a-#17+� same_ Signature of Owner I HERBY AUTHORIZE(Please Print) Date Q4;912_,4, c/daim o-- /62— e-0 TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Site Plan showing location of the temporary use and the orientation of surrounding properties. 2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary use boundaries. 3. Description of the proposed use, the operations of the use, and the facilities proposed for the land use. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. 4067 5. Describe the steps that will be taken to avoid or lessen these adverse impacts. TFH Case Number Fee Schedule Attached 7_ May 16, 2000 To The Town of Fountain Hills; This is a request for the continuation of my temporary use permit. Inclosed is a site plan showing the location of the temporary use of Bedlam Bed and Breakfast. There are two rooms rented out on a nightly basis as a Bed and Breakfast. I provide housing for guests, serve breakfast and promote the community by advising them of dining, shopping and recreation opportunities. I also assist potential new comers moving into town with information on schools, churches, community activities, and cultural events. There are no adverse impacts with this facility. There is ample parking for guests and cars are hidden from view. I would like to request a five-year extension on the temporary use permit, as it would save a lot of work in my business and also the Town of Fountain Hills. If a concern surfaced during that time period, the Town of Fountain Hills staff could address the concern with me. I have operated Bedlam Bed and Breakfast since 1990 and have not had any problems arise. Thank you for considering this. Sincerely, du/ieeri,c_) Pamela Carlson •.,- L•o ;•, Sfe.-Li9(Zoo) NV-Idb 313613 )8V1A>I N cc c l -- 99ZS9 YNO? x'SII,H N'IIIN10, ULON 9Y ».0 I)a.,...o ez suns'sNIelNnc,3rti eo 9nnY N rr99, 9 101 'Z H30I8 'HP 1Vld 066-:..xr,w nab•• L . i 1 1N3W3JVNVW JNIH33NIJN3 Ad3WOJ1NOW 965,-Z,-9=-1 • V13wvd A8 S3w01-1 ri sm _ c• - g8 : o N : u �z s - ft, 15 a '_'� . r - ' gm _ i o ., tvo�C 'x S ` ` L — E 1111 1 3 - to ' a• . A ? 1 . 5 5 „ $$ W wr s".r Fr � �. r� 1s „ ` m 4 " _titi _y a P ' ar , m`.5 x` ; . s z o _ 3fr. x` . a „g_ . a o Z "; �� G ¢gJW ;. ; . Iln ' .; • ... W u ▪ � g a i = a o...v? . ' —as:: < i z- ; . ▪ i-a `{ 1 Fo Y ; G ' ei>Z- i e 6 x -4 I I' 7 N c2, n a _ ''iE_<i5ii:> dr � . o _ ` , 31F. e " ma Cn , JI u.- .00 '¢<<SEH F,_7;1 c. _D- jB y-nel2c o. '- O x Fa 1 • �� 7s " a< wuct e E W• 1, : ;'? Q' -' _ x'1 •1. _xc:' °. .r..x V-•� , ' '= _ :,tlt,01!_ a=, fibe _ 1' 1"*"'r :9x. ! r=_T,— wa Hi 1 n < ;;o ::i 1 I I z �a� U/ iii, -'1-- - V • __ • 5 t • , x•{ :Y ___ _I CL • .h::-L +Ii Z • ,' L - .? a; 1/ i i J IT it %_ .g J <E +CFI_ ! - i. /_----- I '- T �4— ir' / r� / f _ -- — F ,_ - T. e�� s' j , 4 ' :, _—_ - --_- :--'3:: r,a 1 , ,r'' ' ''::..,1....T...=71-. I . ' Jr.;!C 1 s i;ti y �,'c. -`,-- , - L. .--_f �'�_`\ i `� •/I > . May 24, 2000 Ciro To: Geir Sverdrup Town of Fountain Hills P 4 Box 17958 Fountain Hills, Arizona 85269 From : Raymond and Deborah Feller 15229 N. Blackbird Dr. Fountain Hills, Arizona 85268 Dear Geir, We are writing this letter in response to a notice that we received from the Community Development Department under your signature. It pertained to an agenda item that is under review by the Town Council. The item is the extension of a 5-year permit for Tom and Pam Carlson to continue there home business of a Bed and Breakfast on Skylark Drive. We are sending you a written response, as we will be out of state during the council meeting in June. We are the Carlsons closest neighbors as our property lines connect to the rear of our lots. During the operation of their business I have never experienced any type of annoyance from this business or the Carlson's, in fact if I did not know that there was a Bed and Breakfast operation next door, I would have never know by the activity at their home. I have always found Tom and Pam Carlson to be thoughtful and caring neighbors and they have gone out of their way to exemplify these traits. Debbie and I have no reservation about recommending an extension of the Carlson's Bed and Breakfast permit for a 5-year period. Sincerely, Raymond and Deborah Feller TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planner DATE: June 9, 2000 SUBJECT: Re-consideration of a special use permit application for a new wireless communications facility and mono-pole to be located at the Van's/Security Storage AKA 16701 Laser Drive. This request for special use is by the Tynan Group for AT&T Wireless. The applicant is requesting a Special Use to permit a new mono-pole and wireless facility. On April 13, 2000 the Planning and Zoning Commission recommended approval of the request. On May 4, 2000 the Town Council denied the request. Please see the attached report for further details. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT June 15,2000 CASE NO: SU2000-02 LOCATION: West of Technology Drive and south of Laser Drive. REQUEST: Consider a Special Use Permit, which would allow a new 65' tall monopole wireless communication facility located at the Security Storage/Van's Storage Facility PROJECT MANAGER: Geir H. Sverdrup, Senior Planner DESCRIPTION: APPLICANT: The Tynan Group OWNER: Peter Drake and Ginnie Ann Sumner EXISTING ZONING: "IND-1 S.U. Mini-Warehouse and RV Storage" EXISTING CONDITION: Developed with a storage facility SURROUNDING LAND USES AND ZONING: NORTH: R.E. Monks offices and maintenance facility, zoned "IND-1 S.U. Maintenance Facility" SOUTH: Vacant (Permitted for Mini Storage), zoned "IND I.U.P.D. S.U. Mini- Storage". EAST: Vacant, zoned "IND-2 I.U.P.D.". WEST: SRP Facility, zoned"IND-1". SUMMARY: This request is for approval of a Special Use Permit, which would allow a new wireless communication facility to be placed within an existing storage facility utilizing a new 65' tall monopole with flush mounted antenna. The Tynan Group, acting on behalf of AT&T Wireless Services, proposes to install the monopole and ground mounted facilities within the walls of the existing Van's/Security Storage facility. Wireless communication facilities are permitted in industrial zoning districts with an approved Special Use Permit. Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which state the Town's regulations regarding wireless communication facilities pertain to this application. CODE REQUIREMENTS In order to thoroughly and completely review this application staff directs the Council to the following sections of The Zoning Ordinance for the Town of Fountain Hills. Planning&Zoning Commission and Staff Report SU2000-02 Wireless Communication Facility Van's/Security Storage Page 2 of 4 CHAPTER 2—PROCEDURES Section 2.02 Special Use Permits. And CHAPTER 17—WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS Entire Chapter EVALUATION: This application meets all of the goals stated in Section 17.01 Purpose, which is as follows 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently: (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals. Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. Specifically, this application meets the Town's goals as follows; Goals (1 & 2) are met by locating in an industrially zoned area, near the center of the industrial park. Goals 3 & 4 are meet by proposing a co-locatable monopole, which would eliminate one other pole in the area. Goals (5 & 6) are met by minimizing the visual impact by locating away from residential areas in an existing industrial use. Goal (7) is met by locating in an area, which has scattered coverage. Goals (8 & 9) are met by the fact that the proposed is designed and engineered for this site and specifically for this application. The supporting ground mounted wireless equipment will be located at the base of the monopole inside the existing wall of the storage facility and will be fully screened from view. The proposed mini-storage facility will effectively screen the proposed monopole from the residential properties 1• to the south. As shown in the photo simulations, the tower becomes a very thin vertical line on the horizon. In past meetings the accuracy of the photo sims has been contested, the applicant has stated that they have taken extra care to insure that the photo sims are accurate. Planning&Zoning Commission and Staff Report SU2000-02 Wireless Communication Facility Van's/Security Storage Page 3 of 4 Chapter 17 requires that the wireless facilities be landscaped. The existing storage facility is already landscaped. The trenching to connect to utilities in the street will disturb the natural vegetation along Technology Drive. A re-vegetation plan enhancing the existing wall should be submitted for review and approval by staff for all disturbance areas outside the wall. This plan should meet the Fully Abutting requirements of Article VI of the Subdivision Ordinance The Engineering department required only one stipulation from their review of this application. The stipulation is to obtain an encroachment permit for work within the Town's right-of-way. After reviewing the Town's existing verticality map, there are no existing facilities in the vicinity which would serve the applicants needs. The only verticality which would accommodate the applicant are the power poles along the southern border of Town which happen to be located in residential areas. This area would also require that additional land be disturbed in fairly pristine areas. PLANNING AND ZONING COMMISSION: The Commission heard this request at their March 23, 2000. The Commission heard a recommendation for approval from staff and also heard from the applicant. During the commentary from the area residents the Commission heard several concerns regarding the visual impact of the new monopole. The applicant stated their willingness to explore further the ability to co-locate on the SRP power poles to the south and as to the feasibility of a shorter pole or a narrow pole, which would not allow for co-location. On April 13, 2000 the Commission reheard this application. The applicant presented exhibits which; showed how the proposed location was about as ideally located for this area as well as new photo simulations from various areas in the FireRock Estates area. The Commission was satisfied that the applicant had indeed given much thought and had adequately analyzed the opportunities in this area. The Commission also felt that an earlier comment to reduce the width and create a single user pole was not viable, the Tynan Group has proposed a site which can house another carrier without the need for another pole. There is no guarantee that another user may need yet another pole, that simply depends on whether or not the need arises in the future and this area meets the applicant's "grid". The Commission recommended approval of this application with the stipulation that the antenna, pole and appurtenances be painted or constructed with non- reflective materials. TOWN COUNCIL: The Town Council heard this application on May 4, 2000. The Staff presented the Commissions report and their findings including the recommendation to approve. The Council heard the applicant's presentation and the heard from the opposition. The opposition stated that the photo sims were inaccurate and misconstrued the location, height and width of the monopole. After much discussion the Council voted to deny the request. At the May 18, 2000 Council meeting the Council voted to reconsider the application due to concerns from the Town Attorney that the denial did not meet the requirements of the Telecommunications Act of 1996, EVALUATION: Since the Council's motion to reconsider, staff has meet with the neighbors who are in opposition to the facility, some Council members and the applicant. During a discussion with the neighbors Planning&Zoning Commission and Staff Report SU2000-02 Wireless Communication Facility Van's/Security Storage Page 4 of 4 and the Council members staff began pursuing an alternative site for the cellular facility. Staff's preferred alternative would be to locate a stealth Saguaro cactus on the ridge just behind the Monk's facility off the alley. With the change in elevation from Van's site, a 25 tall saguaro would achieve the same height as the proposed monopole. The applicant does not have a problem with a stealth application if the coverage can be met. This does require coordination between MCO Properties, the Barkley Group and Town Hall, and would not be viable until at least September of this year. The "Taco Bell" cellular site was also discussed. The major drawback of this site is the replacement of the existing pole with a taller and wider structure. There is also the fact of the ground structure that AT&T requires. The stealth Saguaro's equipment shelter would be hidden by the Monk's building and the ridgeline. The only potential negatives about the site is the uncertainty of co-locateability and the disturbance of hillside areas. RECOMMENDATION: Based on the applicant's compliance with the requirements with Chapter 17 of the Zoning Ordinance for the Town of Fountain Hills, and the requirements of the Telecommunications Act of 1996 to provide coverage in the applicants franchise area, staff and the Planning and Zoning Commission recommend approval of SU2000-02, Special Use Permit to permit a new 65' monopole wireless communication facility located at the Van's/Security Storage, with the following recommendations: 1. Within 60 days of Town Council action, the applicant shall thoroughly investigate the possibility of locating the facility on the ridgeline north of R.E. Monks property. If the ridgeline site is available for use by November 30, 2000 and offers comparable coverage, as compared to the Van's Storage site, this permit shall become void and the applicant and the Town shall work in good faith to look at a stealth Saguaro cactus antenna on the ridgeline site. 2. That a re-vegetation plan for disturbance areas be submitted for review and approval by staff. 3. That an encroachment permit be obtained prior to any work being done in the town's right- of-way,prior to issuance of a building permit. 4. The Tower, antenna and appurtenances be constructed or painted with non-reflective materials However if the Council believes that this site is inappropriate and that the applicant can and should utilize an alternative site to provide the same level of service, the following basis for denial is adequate: 1. The applicant has not thoroughly demonstrated that this is the only available site to provide continuous service to remote users. 2. The applicant has failed to demonstrate that the proposed site will not have an adverse visual impact upon surrounding properties. CJrwN4/ a_ Z TOWN OF FOUNTAIN-HILLS V —/ COMMUNITY DEVELOPMENT DEPARTMENT '0z:nid' Date Filed Fee Paid Accepted By 2• I'? -oo 4 30.00 Type of Special Use Requested W►cz.cLeSS 1Fl PrommoNi1GA-1 c*-J S p.G..tL-t'i` Address of Subject Property Zoning 5.L.), I ND- 1 I(o101 • L-.h.SC~-IZ- C, 1r cgrs MIKI 1 .NAPE4-1 auSizi. lr .-'c Fz•Y- Stolz. L-IF-=: Legal Description: Plat Block Lot(s) 412-- ( to 3 Applicant a NN iE ,A►..teJ SuM NE'2_.•(-pE tC. _, D-. . Day Phone (=qz -r k4a -Tyk. P.N lr(2c uP, 1►vGr . 1::)t .1 5EHf 4,... cp. 0•1+-( (ocZ 5313 1 1'LD vattzel.- SS SCRVtCI~S, 11JC.. ( oz. 32. 105 t Address CityZip 3333 G -cP.t.,ie tzc�, sta1-rt�7-80 1-14 .1%)C NZ- `6 ,OlS Owner (Jt...../ It .i. VAN-y V.A.I...513 .V--. Day Phone 480531-340tl.c Address City Zip t(or10 1 1r L-A_�,r-r '.QP,c Fes'. t411-4--s ,�- Zlo1,3) Signature of Owner I HERBY AUTHORIZE(Please Print) Date (itietC.P St; ;Cr o'+TiAt.4F-C, 1Z&i►o i j TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number '1/41170Kee Schedule Attached COLLOCATION STATEMENT L For Proposed Wireless Site at Van's Storage 16701 E. Laser Road Fountain Hills, AZ AT&T Wireless Site PH 34 I, (z.m-ci c . Dczl�SL , acting in my capacity as a duly authorized agent and/or employee of AT&T Wireless Services, Inc. do hereby certify, subject to obtaining the appropriate Special Use Permit from the Town of Fountain Hills, that the proposed pole for the location of wireless antennae at the above-referenced site, when installed, shall be physically capable of accommodating collocation of additional antennae for a future user. co�s�P w rtt-E J5.( czy ,, ' ature) (Enter the capacity in which this vk,��7 Collocation Statement is signed.) ,Gzvccs, INL . (Date) Subsribed and sworn before me this day of , 2000. My Commission Expires N t Public (SEAL) NOTARY PUBLIC ' STATE OF ARIZONA Maricopa County JULIE R. COCCA My Appointment Expires January 11,2002 , _J .� LajFJl� COMM pt i u.:MENjPMeN1 L Narrative Town of Fountain Hills Community Development Department Request for a Special Use Permit For a Wireless Telecommunications Communications Facility Including a Monopole and Equipment Shelter AT&T Wireless Project PH 34 Project Location: Van's Storage (Also referred to as Security Storage) 16701 E. Laser Road Fountain Hills, Arizona Submitted by: Ginnie Ann Sumner& Peter Drake for the Tynan Group—Representing AT&T Wireless PCS 3333 E. Camelback Road#280 Phoenix, Arizona 85018 (602) 522-2655 Property Owner: Van's Storage LLC 16701 E. Laser Fountain Hills, Arizona 85268 TOO OF FOUNTAIN HILLS (480) 837-3616 FEB 1 7 Z000 �OMMUNITy p DEPARTMENTE PME7 cu � Qoo - c�'s Purpose of Request AT&T Wireless Services is currentlyprovidingcommunication services throughout the g Valley and across much of the U.S, and is in the process of expanding its coverage areas. In order to provide sufficient coverage in Fountain Hills, AT&T Wireless requires a site in the vicinity of the crossing of Shea Boulevard and Saguaro Boulevard. The location of a cellular communication antenna is this area will provide residents, businesses and commuters in this area with high quality, reliable wireless communications for personal, business and emergency uses. Description of Proposal Existing Facilities at the Proposed Site. The site for the proposed wireless communications facility is located on the parcel of land occupied by Van's Storage at 16701 East Laser Drive. The Van's Storage parcel is bounded on the north by Laser Drive, on the east by Technology Drive and on the west and south by alleyways. Van's Storage is situated in an IND-1 zoning district, and abuts parcels zoned IND-1 to the north and west and IND-2 to the east and south. The facility is permitted as a Special Use Mini-Warehouse and R.V. Storage(Z86-58, Z88-55). Van's Storage currently offers to the public the rental of fully enclosed storage spaces, as well as the rental of outdoor space for the storage of recreational vehicles and boats. With the exception of entry gates, the entire Van's Storage facility is surrounded by a concrete block screen wall. The land uses surrounding the Van's Storage site are, to the north, a small industrial park, to the west, a vacant lot and an SRP yard, to the south, desert, and to the east, a waste water disposal area. The General Plan designation of the site is BP (Business Park). Proposed Wireless Cellular Communications Facilities In order to obtain adequate coverage and signal strength in the area of this proposed communications cell, AT&T is proposing the installation of a new monopole, antennas and equipment shelter all of which would be located on a 550 square foot leased area behind the existing concrete block screen wall that surrounds the Van's Storage facility. The proposed components of the installation are described in more detail as follows: 1. The installation of an 11 foot, 6 inch wide by 20 feet long pre-manufactured equipment building with an installed height above grade of 10 feet, 8 inches. The shelter would be located approximately 290 feet south of Laser Drive along Technology Drive immediately inside the eastern concrete block, 10-foot high,