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HomeMy WebLinkAbout2001.0607.TCREM.Packet NOTICE OF REGULAR AND EXECUTIVE 0 ,c4,,` SESSION OF THE 1 FOUNTAIN HILLS TOWN COUNCIL that isA Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, JUNE 7, 2001 TIME: 5:00 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:00 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 L 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, 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 or in settlement discussions conducted in order to avoid or resolve litigation (condemnation action -Town of Fountain Hills v. MCO Properties). 'err' 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session June 7,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Pastor Steve Gilbertson—Fountain Hills Community 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 May 12, 17,and 24, 2001. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Steven Borchew for Olives located at 11056 N. Saguaro Blvd. The application is for a new Class 12 Restaurant license. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Kenneth Bowman for the new American Legion Post#58 building located at 16837 Parkview Ave. The application is for a new Class 14 Club license. *4.) Consideration of the EXTENSION OF PREMISE APPLICATION submitted by James Myczek for Grapeables Fine Wines located at 12645 Saguaro Blvd. The permit would temporarily extend the Class 7 Beer and Wine license to a secure area adjacent to the east side of the building on June 23 and July 4,2001. *5.) Consideration of RESOLUTION 2001-27 authorizing the Town, pursuant to A.R.S. §28-2603, to use up to ten percent of Local Transportation Assistance Fund monies for all uses as allowed by law. *6.) Consideration of a PRELIMINARY AND FINAL PLAT for The RTW Office Condominiums, a 12-unit office building located at 13215 N. Verde River Drive, aka Plat 208-B,Lot 1, Case Number S2001-15. *7.) Consideration of a PRELIMINARY PLAT for the proposed five-lot Parcel 12-A subdivision, to be located at the southeast corner of the intersection of Saguaro Boulevard and El Lago Boulevard, Case Number S2000-037. *8.) Consideration of a REPLAT of "La Loma 4 at Eagle Mountain, Unit 81" condominium plat, a one unit replat,case#S2001-17. *9.) Consideration of RESOLUTION 2001-28 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line of Plat 605-C, Block 1, Lot 13, (11057 N. Pinto Drive) as recorded in Book 164 of Maps, Page 14 records of Maricopa County, Arizona. (Joseph E. Giannetti, Sr. &Judith Ann Giannetti)EA01-11 *10.) Consideration of RESOLUTION 2001-30 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southerly and easterly property line of Plat 602-A, Block 1, Lot 2, (15417 E. Palisades Blvd.) as recorded in Book 161 of Maps, Page 42 records of Maricopa County,Arizona. (Mark& Stacie Moore)EA01-10 11.) Consideration of ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE for the 2000/2001 distribution of Local Transportation Authority Fund monies. 12.) Consideration of APPROVING THE AGREEMENT with the Scottsdale Convention Bureau in the amount of$30,000. tar 13.) Consideration of APPROVING THE MEMO OF UNDERSTANDING with the Fountain Hills Unified School District including the agreement to deed the 9.9 acre parcel adjacent to Four Peaks Elementary Town of Fountain Hills Page 2 of 3 Last printed 06/06/01 1:39 PM Town Council Meeting Agenda Regular Session June 7,2001 School to the Town for an amount not to exceed $55,000 to be used for development of a joint use playground. 14.) Consideration of the AMENDED AND RESTATED ECONOMIC DEVELOPMENT AGREEMENT between the Town of Fountain Hills and Barclay Group. 15.) PUBLIC HEARING on an application to rezone 29.24± acres of land, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive by amending Section 7 of the "C-2 PUD" Zoning District as adopted by Ordinance 00-06,Case Number Z2001-02. 16.) Consideration of ORDINANCE 01-10 rezoning 29.24±acres of land,located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive by amending Section 7 of the "C-2 PUD"Zoning District as adopted by Ordinance 00-06,Case Number Z2001-02. 17.) PUBLIC HEARING on a proposed text amendment to The Zoning Ordinance for the Town of Fountain Hills to allow swimming pools and pool enclosure wall/fences to encroach into street side-yard setbacks if certain conditions are met, Case Number Z2001-02. 18.) Consideration of ORDINANCE 01-11 amending The Zoning Ordinance for the Town of Fountain Hills to allow swimming pools and pool enclosure wall/fences to encroach into street side-yard setbacks if certain conditions are met,Case Number Z2001-02. 19.) PUBLIC HEARING on an application to permit an automobile fuel dispensing station as a Special Use in the "C-2" Zoning District, proposed for the Fountains Car Wash, located at 17115 E. Shea Boulevard, aka Final Replat 704,Lot 3A,Case Number SU2001-03. 20.) Consideration of a SPECIAL USE APPLICATION to permit an automobile fuel dispensing station as a Special Use in the "C-2" Zoning District, proposed for the Fountains Car Wash, located at 17115 E. Shea Boulevard,aka Final Replat 704,Lot 3A, Case Number SU2001-03. 21.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is"subject to reasonable time,space and manner restrictions"and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. 22.) ADJOURNMENT. DATED this 6th day of June,20016 Cassie B. Hansen,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 or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Misr Town of Fountain Hills Page 3 of 3 Last printed 06/06/01 1:39 PM June 6, 2001 (11 rrf Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRA Date: 06/06/01 Re: CHANGES TO THE 6/7/01 COUNCIL AGENDA Just a quick memo to point out the changes on the attached revised agenda. They include the follow) 1,11 . A •R THE EXECUTIVE SESSION wi s 00 p.m. This change appears on the new agenda. e�°�Ive s�sslo�� `� Fi A , T 'EM # SOLUTION 2001-29 EASEMENT ABANDONMENT ON AGE yY PL' Y DR E+ n a5i riday that Engineering was waiting for additional information +LT +r e;,. h4. ,,a ility that the item would be pulled if the materials were not • received. At :irectioOlt x- s been removed. &E. DAITEM #12 -- LT:,AF ' OMMENDATION f • • e met u- �` and formulated a recommendation to the Council for distribution of loft- n t y = 7.°'o and summary chart are included with your new agenda. Page 1 of 1 Updated Agenda Items 6/7/01 Last printed 06/06/01 3:01 PM 06/06/01 MEMORANDUM (kiw TO: THE HONORABLE MAYOR MORGA ND T 1 N UNCIL FROM: PAUL L.NORDIN, TOWN MANAGER DATE: JUNE 1,2001 RE: MANAGER'S REPORT FOR THE JUNE 7TH COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede the Thursday's regular meeting at 5:30 p.m. in the Jury Room. The Council meeting will immediately follow at 6:30 p.m. in Council Chambers. Buildings A and C at Town Hall will be closed on Friday, June 8th, to allow for installation of the new air conditioning system. Due to the uncertainty of exposure to toxic gases and the fact that the entire system will be inoperative, absolutely NO ONE will be allowed access to these buildings during the weekend of June 8th, 9th, and 10th. (hor A Special Council Session to consider the McDowell Mountain agreement is scheduled for Thursday, June 14th, at 7:00 p.m. in Council Chambers. This meeting will follow the regularly scheduled Planning and Zoning Commission meeting. Please refer to Mayor Morgan's May 30th memo. CONSENT AGENDA: There are eleven items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM# 12 - LTAF COMMITTEE RECOMMENDATION: The Local Transportation Authority Fund citizen committee will meet on June 5th to consider this year's applications for funding distribution. Per Cassie's attached memo, a report on their recommendation will be distributed to you prior to the Council meeting. AGENDA ITEM# 13 - AGREEMENT WITH SCOTTSDALE CONVENTION AND VISITORS BUREAU: Rachel Sacco, Executive Vice President for the Scottsdale Convention & Visitors Bureau, presented information concerning the features and benefits of a potential (ibre cooperative marketing agreement between Scottsdale and Fountain Hills at the April Town Manager's Report June 7,2001 Council Meeting Page 1 of 2 5th council meeting. Enclosed please find a copy of the proposed agreement between the Town of Fountain Hills and the Scottsdale Convention and Visitors Bureau for your consideration. AGENDA ITEM# 14 - LETTER OF UNDERSTANDING WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT: The Fountain Hills Unified School District will convey a 9.9 acre parcel to the Town for future development of Four Peaks Neighborhood Park. In January 2001, the Town Council approved the Four Peaks Neighborhood Master Plan, which included the remaining land south of Caliente Wash (9.9 acres) to be deeded to the Town. Staff recommends approval. Bryan's report is attached. AGENDA ITEM# 15 - AMENDED AND RESTATED ECONOMIC DEVELOPMENT AGREEMENT (BARCLAY GROUP): Several small changes have been made to the text of the agreement; however, the basic amount of repayment and the terms and conditions remain the same. Please refer to Bill's attached memo. AGENDA ITEMS# 16 &# 17 - PUBLIC HEARING/ORDINANCE 01-10/ REZONE APPLICATION: The first public hearing is scheduled to receive input regarding the C-2 PUD Intermediate Commercial Zoning District for the Shea retail (Target) property. Staff (lior recommends approval of the language recently proposed by the applicant. Please see Jeff s enclosed report.. AGENDA ITEMS# 18 &# 19 - PUBLIC HEARING/ORDINANCE 01-11/ SWIMMING POOL ENCLOSURE AMENDMENT: Another public hearing will hear comments regarding the proposed amendment to allow swimming pools and enclosures to encroach into street side-yard setbacks if certain conditions are met. On May 3rd, The Town Council initiated this amendment after modifications by the Town Engineer. On May 24th, the Planning and Zoning Commission recommended denial by a vote of 4-2. Jeff s memo is attached. AGENDA ITEMS#20 &#21 - PUBLIC HEARING/SPECIAL USE APPLICATION/GAS STATION AT FOUNTAINS CAR WASH: The last public hearing is on the agenda to gather input regarding a special use permit to allow a gas station at the existing Fountains Car Wash on 17115 E. Shea Blvd. The Planning and Zoning Commission recommended approval with a 4-2 vote with ten stipulations. Please see Dana's enclosed memo. L Town Manager's Report June 7,2001 Council Meeting Page 2 of 2 , -: Interoffice Memo , , ,,_.,,,,,.„,,,,., ", ,„.„,„,,,.,,.,,,,,,,rer',., To: HONORABLE MAYOR AND TOWN COUNCI From: CASSIE HANSEN, DIRECTOR OF ADMINIS • .1-1 ON Date: 05/30/01 Re: AGENDA ITEM #2—OLIVES LIQUOR LICENSE APPLICATION AGENDA ITEM #3—AMERICAN LEGION LIQUOR LICENSE APPLICATION AGENDA ITEM #4—GRAPEABLES EXTENSION OF PREMISE REQUEST AGENDA ITEM #2—OLIVES LIQUOR LICENSE APPLICATION: Steven Borchew has submitted an application for a new Class 12 Restaurant license for Olives located at 11056 ,, v d. As the new owner, Mr. Borchew must replace the license formerly held by A 4, , t r-s was Poma's Ristorante. Marshal Gendler has performed his background inv _rL ,, a rcil,i4 , able recommendation (please see attached memo from Steve). The s ,post d for th s:,� t 20-day period and no written arguments were received at Town L.A illBased on statutory'complianc , staff recommends approval. 4 5 AGENDA TEM 3 AMERICAN� LEGION LIQUOR LICENSE APPLICATION: 1%, N an a cation for a Class 14 Club license for the new American Legion Pot 7iiiiiifiiir "la' located 3 7, a iew Avenue. The Legion currently holds a Class 14 Club license t t e irr Curren n 4tion o n of the Fountains. The Club license is a non-transferable, non- ' uort license issued to an nd vidu veteran or fraternal organization for which the American Legion i ,arly qualifies. Marshalw,Gendler . .s: performed his background investigation and forwards a favorable :, 04144 ion(ple� see atta ed memo from Steve). The premise was posted for the statutory 20- day iiipd n n w f l ar -+tints were received at Town Hall. Based on statutory compliance, staff recommends .. iv.; � .n. AGENDA ITEM #4— GRAPEABLES FINE WINES EXTENSION OF PREMISE APPLICATION: James Myczek has submitted an extension of premise application for Grapeables Fine Wines located at 12645 Saguaro in the Plaza Fountainside center. Mr. Myczek is requesting to temporarily extend his Class 7 Beer and Wine license to a secure area adjacent to the east side of the building on Saturday, June 23 and Wednesday, July 4. The area will be secured by barricades and personnel will be present at all times to insure that all alcohol stays within the area. Due to the proximity to the Park, Marshal personnel will periodically patrol the area to insure the alcohol does not leave the approved area and enter the Park. Marshal Gendler has performed his investigation and forwards a favorable recommendation. Based on statutory compliance, staff recommends approval. L Page 1 of 1 June 7,2001 Agenda Items Last printed 05/30/01 2:16 PM 05/30/01 Town of Fountain Hills Memorandum (kW TO: Cassie Hansen t- FROM: Steve Gendler DATE: May 4,2001 SUBJECT: Liquor License Application—Olives The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the "Olives" restaurant, located at 11056 Saguaro Boulevard. It is my understanding that the application is scheduled for consideration the council session on June 7th. B ACKGROI IND 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, clearly shows that over 60% of the establishment will be devoted to service of food. In addition, the facility previously served as a restaurant (Poma's), which held a class 12 license. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection did show three churches and a school within a one- half mile radius,this would have no effect on the license application. The applicant, Steven Borchew, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. Additionally, the new owners have applied for and received a Fountain Hills business license (#4377)for the restaurant. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and that the owners have procured a Fountain Hills business license, I recommend approval by the council at the June 7th Council meeting. L Business License Verification (taw To: Public Safety Director Steve Gendler From: Bev Bender,Executive Assistant to the Town Clerk Date: Applicant: 2') Applicant's address: ,/06"- .SG? ,46&fr5( Business License: ,90,4,eV(_4! Business License effective period: g-'/—®/ ?7-20 COMMENTS: �� ��'�- -C��-�_e-e) fl -rt --4-e. • L ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL V. 1. ',, 0VS% RECEIVED . 0 800 W Was �n:'f+i 5t a�. i � Phoenixor 2001 ��� ���.�`�M 400 W Congress#150 AZ 85007-2934 APR 3 0 t;; f�,. ,�,, Tucson AZ 85701-1352 (602) 542-5141 FOUNTAIN HILLS `' (520) 628-6595 (I'liw TOWN CLERK �i h Q kJ• L OM P ,,!. APPLICATION FOR LIQUOR LICENSE • TYPE OR PRINT WITH BLACK INK Notice: Effective Nov 1,1997,All Owne A ents Partne Stockholders Office or ers active' involved in the da to da operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the las five years. See page 5 of the Liquor Licensing requirements. P t i- S.I.b 1 SECTION 1 This application is for a: SECTION 2 Type of ownership"''' S. 1* o I it INTERIM PERMIT Complete Section S ❑J.T.W.R.O.S. Complete v+`""1 (I)."7-d 1 6 C ]EW LICENSE Complete Sections 2,3,4,13,14,15,16,17 . 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) Complete Sections 2,3,4,ZI,13,15,I6,17 El PARTNERSI-iII' Complete Section 6 Yg-CORPORATION Complete Section 7 LOCATION TRANSFER(Bars and Liquor Stores ONLY) ❑LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 ❑PROBATE/W1TJ. ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENI, 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#: - _= - Pi 1. Type of License: /9 2.Total fees attached: APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ed for all dishonored A�NOT�`FUREFUNDABLE.A service fee of$25.00 will be charged checks(A.R.S.44.6852) (1.,.SECTION 4 Applicant:(All applicants must complete this section) 1. Applicant/Agent's Name:ms. i3orcLiA/(Ins one name ONLY to appear on license) Last � t�� j _ First Middle 2. CorpJPartaership/L.L.C.: '' r)rC P / /?rc'S at,/r 4I ► r ) { 0 .%-%ri (Exactly as it appears on Articles of Inc.or Articles of Org.) r r�.J 3. Business Name: C91/1774',C .• (Exactly as it appears on the exterior of prendses) 4. Business Address: /1'06.6 '� �� 4 Liar c,� 171-t' PI 01 0rr7 /4l/s / ir?cop ,.5�(Do not use PO Box Number) (J Ci�' COtJNl'Y p 5. Business Phone:(4 O) 1 ,$ 4-- c 9-a-- Residence Phone: ( C ) '/6-- 4 9 6. Is the business located within the incorporated limits of the above city or town? ►2 YES ONO 7. Mailing Address: JO .,t /14/ G -e A 81 -t f l d —- ) ' ' ,4 / /42- , C'- -5' City State �p 8. Enter the amount paid for a 06,07,or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY 1. 6 iq: lb Accepted by: ) Date: 2.../.1() t..-°F/' t.Lac Fees: ) /()()0 a 4,.),, Application � .....4______ $ AP terim Permit Agent Change Club F.Prints TOTAL L. PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FORA GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF ma.LICENSE. LIC 010011/2000 *Disabled individuals requiring special accommodation,please call(602)542-9027. t� r SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101",AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. (kW •CORPORATION Complete questions 1,2,3,5,6, 7,8 0 L.L.C. Complete questions 1,2,4,5,6,1 crnd attach copy of Artictr( f p.. O a1 on24reemenL N 1. Name of Corporation/L.L.C.: grit Complete, / eur1 C, roc,' 7 1; r'� • cl �{, (Exactly as it appears on Articles of Inc.or Articles of Org.) -, \A� 2. Date Incorporated/Organized: State where Incorporated/Organized: �r I Oh 99 3. AZ Corporation Commission File No.: a 695� 9/ 7' Date authorized to do business in AZ: /0/ 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is CorplL.L.C.non-profit? 0 YES ►'- 0 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 Trivsurot Rorcw .Sir-�v _ Cra,'cire , /d Yc2 1 ,Sq vu ro /169 Ai1ze 6g ;et,��rG� voun-ruirt All Sr ' e v e ,,1 b4('t Prey, i7i`7 _. n 0 ra n ita zg7 (12 cg-5c71 e (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address City State Zip (601R7iir: 4e tArt —5.-1:e Ve-- ("--r A 1 7.91 % i/ % (ATTACH ADDITIONAL SHEET IF NECFSSARY) 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: � �: �:,, r, - i • -red (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit'? ❑YES ❑NO If yes,giv i i s t i -r. 3. List officer and directors: Last First Middle w. City State Zip (kw (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPUCANT'TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH CARD. (lbw ❑ CORPORATION Complete questions 1,2,3,5,6,7,8. 2 ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles ofIl � 1-1 ��� l i 2 Org.and Operation Agreement. 1. Name of Corporation/L.L.C.• (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: State where Incorporated/Organized: 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is CorpJL.L.C.non-profit? ❑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 (ATTACH ADDTTIONAL SHEET IF NECESSARY) — 7. List stockholders or controlling members owning 10%or more: Last First 11Eddle %Owned Residence Address (kW City State Zip % (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 arent entity. Attach additional sheets as necessary in order to disclose real people. p SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH CARD. r,. 1. Name of Club: Date Chartered: (Exactly as it appears Qom) (Attach a copy Club Charter) 2. Is club non-profit? ❑YES ❑NO 've IRS tax exempt umber: 3. List officer and directors: Last First Middle tte Residence Address City State Tip (ATTACH ADDITIONAL SHEET IF NECESSARY) r ' SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER ' • , ..4 ATION TRANSFER UNTIL IT IS APPROVED B1�'f1-IE'STATE; " 1. Current Business Name and Address: r L i;JI r`i"' , _L, A II: 20 L. (Exactly as it appears on license) 1•, 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: Li -. - umber: Test Renewal D 4. What date do you to move? What date do you plan to open? • • SECTION 13 Questions for all in-state applicants: Sv Amin IA Its ,4` °Distance to nearest school: . Id ft. (Regardless of distance) Nye/Address of school: - n , Ta r- Cq 2. Distance to nearest church: — —0(Regardless of distance) Name/Address of church: 4, ,r r. 0 -- D • I am the: KT_ssEE ❑SUBLESSEE 0 OWNER EJ PURCHASER(of premises) o n ►a r n �// c �s Z - 4• If the premises is leased give lessors name and ddress: r , , .. 4a. Monthly rental/lease rate$ What is the remaining length of the lease? ,�..__ J_Q______yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other - (give details-attach additional et if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ _ — Does any one creditor represent more than 10%of that sum? 0 YES fl,NO If yes,list below. Total must equal 100%. • Last First IvMdle %Owed Residence Address Ci State • (ATTACH ADDITIONAL SHEET IF NEC'RSSARY) , 6. What type of business will this license be used for?(BE SPPCIFic C ,riqn __-- 7. Has a license,or a transfer license for the premises on this application been denied by the state within El YES �NO If yes,attach explanation, the past one(1)year? Loes any spirituous liquor q manufacturer,wholesaler,or employee,have any interest in your business? OYES IgNO Chs the premises currently licensed with a liquor license? X YES CI NO If yes,give license number and licensee's name: License# I�0 1 I� �' I 15 (Exactly as it appears on license) . ri') S fS Th C . 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 within a one half mile radius ofyour ni la 1 proposed location. Ff� t�nr� �� L �. PO 4 'r E... ��4r1 I Ike ._� �� 1 ) (t �,_.� 1 L I!1I 2. Phlls �it� 3. /1 Aaorrat5tsU A� 4. Fp, /"/Q4 oC'r 4 '7' Y{v5. N ' 6. 6.lir e it 7. . 4/'nmf1 �/co '1 • 0 f - 8. 0r� "a►vi All (on Vbehte►�r�,F,�e. � "'�S , /I sc, va r 614f, 9 sq jvctro ad, 10. 1 t Jrj4 A- � 5rtiii Zen-ire • 11. 3 -6' It 12. 13. Ill-. 15. L (ATTACH ADDITIONAL SHEET IF NECPSSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: vex � r��,� Q ,declare that 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not bein made to defraud or injure any creditor,taxingauthority,regulatoryauthority,or transferor, l as indicated, has an interest in the spirituous liquor license for which thes statements are made and 5)person,firm, the co owners, p,rtn e s members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)year that none of owners, partners State of /9R IZo Its W County of MA R t co f The foregoing instrument was acknowledged before me this (Signature) /0 day of I e R.11. , R00 I . Day of Month Month Year My commission expires on: II Signature of NOTARY PUBLIC) (kW • .::'= RINA• ' 1.t Noon Public.stiesco a�ux+a r�, • , ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL kkv\, 400 W Congress#150 800 W Washington 5th Floor �, ' � � Phoenix AZ 85007-2934 t s- ,..._$, Tucson AZ 85701-1352 (602) 542-5141 1I ^ 2 0) 628-6595 limr `� ��(5 HOTEL-MOTEL AND RESTAURANT LICE IS S RECORDS REQUIRED FOR AUDIT OF SERIES#11 & #1`2°Lk ] NSES 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 available at that time,you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures- beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes -Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) (1110, 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 � � Congress 800 W Washington 5th Floor C�:* � Tucson AZ 857014352 Phoenix AZ 85007-2934 ', ;n � '' L. '�y��` '�~ - 2 , (520) 628-6595 (602) 542-5141 1- ,°-� ! •1 ram' t r 12 RESTAURANT OPERATION PLAN LICENSE# 1. List by Make,Model and Capacity of your: Grill D.0 5. 6 r 4-;IC Oven / c e c tweO; T dt' r, C3�,l,�ers �r'�� , g�� ,l cs 1^� �%- Freezer D Ii A V 3 Door r Rer J i )) Refrigerator � A ' / �' c: 2 Lam_. t� .c v`e ro .'' // r^ Sink La r e 3 C.'c rig e(Vile in r Dish Washing /��' / R' h Facihtles FvIC �,�r�v'iC.�% ke5 r7 1 / /C}C y) P, rAr ' IJ (iii, Food Preparation . r , �C • i ICA Counter(Dimensions) Ie b tee- e 6 _ - ' Other nn �ri et/ �.�� �'��-�►� r t.i" ar(e ..6- / _ Iv is-r-s 5 2. Print the name of your restaurant: ai've,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 C /o2' 0 ] b. Bar area of your premises [ + 3 Cl ] c. Total area of your premises • [ /50 ] 5. What type of dinnerware and utensils are utilized within your restaurant? =11 Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). . Yes /0 % 0 No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen,bar, cocktail tables or game area.) L 6 0 % *Disabled individuals requiring special accommodations,please call the Department. Lic0114 05/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL ty 400 W Congress#150 800 W Washington 5th Floor � o Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602)542-5141 QUESTIONNAIRE (520)628-6595 LSOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDE WA .BY AW AND CANNOT BE DISSEMINATED TO-THE PUBLIC Read Carefully,this instrument is a sworn document. Type or print with black itilf r a I ,,.,t,, An extensive investigation of your background will be conducted. False or incomplete answers could result''-1- 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 OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. Pi c.) T7 i A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) 1.Check ®Owner❑Partner❑Stockholder❑Member❑Officer 0 Agent ❑ Manager(Only) appropriate ❑Other (Complete Questions 1-20&24) (Complete All Questions except#14,14a&25) box— . Licensee or Agent must complete#25 for a Manager _ Licensee or Agent must complete#25 t 2. Name: BrchLI _ �P !l) .r‘o.I Date of Birth: C ©2 7 / 6 5 Last Fast c� a (This Will Not BecomePart of lk Records) 3.Social Security Number: 35'% �5 6 '7 7 7 Drivers License#: 3..I '/56 gV77 State: /1 2— (This Will Not Become a Part of Public Records) / // 4.Place of Birth: EUC,4i-6 K? )12_ Ce ,`t Height 5 7 Weight: Eyes:grn Hair:BU/'C, City State County 5. Marital Status ❑Single'Married❑Divorced❑Widowed Residence(Home)Phone: (`fea ) `6 - qf r72 f came of Current or Most Recent Spouse: &'(CA4.J'�' 9 / (V3 4/ B ke J rr1G�-. Date of Birth:( t all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? Arl cr) q If Arizona,date of residency: CV/C2/ ,. . 8 Telephone number to contact you during business hours for any questions regarding this document.(CO-) 3 9'0 - J/R/ 9. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Li J 1 ti&; Premises Phone:( Fo 0 hi-ei.0 ial Its 65,248 11.Licensed Premises Address: /1(26 4. c- .,c't r-(`3 5L_ Atari r 0 � Liquor License# / O 7/��`/ Street Address (Do not usO Box# City County tip (HMIs location is currently licensed) List your employment or type of business during the past fi e(5)year • unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION — EMPLO ''S NAME OR ►4I• A_._ 10L Month/Year Month/Year OR BUSINESS rrir��.+/t{irlm/'state&zi.)'3fr /, f� {ram} i!' 94i1.'i±4/4 ! , 4- CSC 0> P 77 0 G rr.S` 4/'_ '',54,15I'' 1O63.5 311' t.�c� C"r 057--- -,ii,f,r' 09/1 6-.. ks 6,,,,-,,_i orTS pee. x it? e5(94 9't j l6 fig 11/?9 s' , / an i G 13/6-r-ccr, . riTurarli' iI5/ ,1 cry' e. f N ATTACH AONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE M ear Month/Year Street Address - City State Zip LY cuRRENT/ /01,10/ A/.. ,.__ €?1(2 var0;?r.'"//- . /f, ' 9tf /)37c f - h s 4Z Tf LIC 0101 11/2000 Disabled individuals requiring special accommodations please call(602)542-9027 Statement Lir On January 21St,2000 a welfare call was made at my residence by the Marirtia;Cou sl er ff's� Tice. My girlfriend at the time was treated for a drug overdose. When I arrived home I was charged with possession of marijuana. ' After court and all proceedings, I was charged with a misdemeanor and all cost and probations have been fulfilled. See Attached. 011/ /0 / gm, Steven C. Borchew \-- Ern \O } 71,1214 r- fin Ci Vt0/ /fr. Sq(e) va re9 //g lTa( J $ 1s 6-3 L am (lir 2E1 A':',1 '' A II: 20 1 IN THE JUSTICE COURT FOR THE STATE OF LG�]]NA IN AND FOR THE COUNTY OF MARICOPA,SCOTTSDALE-1'RECIINICT 2 3700 North 75th Street Scottsdale,Arizona 85251 (480)947-7569 3 ) 4 STATE OF ARIZONA, ) Case No.CR00-00 49FE ) 5 Plaintiff, N._ _w 6 v. ) ORDER RE:DEFENDANT'S. - ) MOTION TO TERMINATE, 7 STE'VE CRAM BORCHEW, ) PROBATION _ . 8 Defendant. ) 9 10 Defendant having filed a Motion to Terminate Probation on July 19,2000. 11 I The Court having considered that which has been submitted, L12 IT IS ORDERED that Defendant be,and hereby is,,terminated from probation. 13 DONE IN OPEN COURT this 70 day of AUGUST,2000. 14 cFPtClAL ss,t. ,Si10E Orr.- ' PCk'',.A,';•': MARICOPACOL44TY tiTtStititAtok6Pbir';,L_A, 411. S:4" 16 Mark W.Dobronski =�' r m Justice of the Peace ‘IC:elt ,. 17 , f� , CI N 1 18 41!, C'O t��. 19 20 - 21 Copies of the foregoing mailed on this date: ►-'' —D O yr ,to: 22 l Thomas Zia,Esq. Steve Craig Borchew 23 ; Maricopa County Attorney's Office 10401 N.Saguaro Blvd.,Apt #118 222 E. Javelin Ave., Ste. 2400 Fountain Hills,AZ 85268 24 A Mesa,AZ 85210 (Illr 25 . 26 • SCOTTSDALE •• JUSTICECOURT MARICOPA COUNCY : , • STATE OF ARIZONA : - - ' • • • L. : . . . . . . . ... - •••, . . . _ .. • . . „ . : ,. s • . ;.T . • . _ . • • THE STATE OF ARIZONA ..• • -„ CASE'NG.-'..• • . _.•• • . �o.• d - :�� .-\.,c,t::,:.2 0 ' ,: JUDGMENT AND.ORDER sUs Nj3 S 1T, 4CE AND • vs. • • + • S"t� CRAIG ORCREW- --IMPOSINGTERMS'OF'PROBATit�+jE.CCNCURRENT:WITH - • • IT IS THE JUDGMENT OF THIS COURT THAT DEFENDANT IS`:t GUILTY OF •' ' ' :.,' -COLUNT :I (AMEND F' AMENDED > POSSESSION O :.SARI JUANA,-.It• CLASS '1 MI SDMISDEMEANOR L:. • • ORDERED suspending imposition of sentence for a period of - �'; month(s)6; !`year(s)from this date, g 7'I? p ' ' 'defendant on probation under the supervision of,this court or Its designated officer on those terms and regulations which a checked be , ' fl erefoie '- • AS STANDARD TERMS DEFENDANT SHALL! AND AS SPECIAL TERMS,DEFENDANT SHALL: -, . [I t: At,all times be a law abiding citizen. 0 9. Report to:the court or its designated officeratieast once each month - In writing or in person or at ail other stir*times as directed by'the ' - 0 2.•Participate and-cooperate fully in any program of assistance court or Ito designated officer. , ' , and counseling,whether vocational,•medical, psychological or - ,...7 . '• -. 'financial as directed by the court or Its designated officer.. • 010. Participate and cooperate in any specified-drug or alcohol refiabill tative program either residential or•outpatient ae directed by the ' . 13.'Remain gainfully employed or enrolled as a student at all-times court or its designated officer. . , _ and shalt keep:the court or Its designated officer advised:of -' • • such employment or schooling and progress therein. ❑11.Submit to urinalysis testing as directed by the court or.its desig- mated officer. - . )4. Not drink intoxicating and/or alcoholic beverages(Id excess). 012..Make and pay restitution through this court in the total amount of 5. Not knowingly associate with any person of lawless reputation $ •• in regular monthly payrr(ents of$. : • '- • ‘tivonot with any person who has a criminal record or who is on • each month beginning on • '' probation or parole without.approval of the court or its deslg- and on the day of each rriOnth.,thereafter until'pelf:kid-AT, • naffed officer. • .,17r6.. Not possess or use any drug or narcotic including marijuana or �13. Pay a fine to this court in the amount of$ -dangerous drugs in violation of any-law. before - • ,or•in regular mornillly payments of - ' $ each month-beginning on- - 0 7. Not possess or control any deadly weapon or firearm. and on the - day of each month thereafter until paid to full. 0 S. Not leave the State of Arizona nor change the place of reel- 014. Pay a reimbursement to this court,in the amount of$ :- dence without notification and approval of the court or its on or before or in regular monthly payments of : - designated officer. ' $ each month beginning on - - .• - . • and on the : day of each month thereafter until paid In fUil.-: 015.Be confined in the Marrcopa County Jail fora-period of - RECEIPT AND ACKNOWLEDGEMENT day(s),-commencing - ' I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THE - ending • • - •• FOREGOING TERMS AND REGULATIONS OF PROBATION. I 0 - - - UNDERSTAND.THAT IF I VIOLATE ANY TERM OR CONDITION, f13.The defendant shall participate In and complete 2 4 - , hours ' 'THE COURT MAY REVOKE AND TERMINATE MY PROBATION AND in the cortimunity service work at • • IMPOSE A SENTENCE ON ME IN ACCORDANCE WITH THE LAW.I -'AGREE TO WAIVE EXTRADITION FOR ANY PROBATION REVOCA- to be completed by - �r .-, „,+. -.,r 1- . -0 Cr? 'd'- 'T-1ON• PROCEEDINGS WHICH OCCUR WITH REFERENCE TO • "' - • - PROBATION HEREIN GRANTED. - ❑17.Not drive a vehicle•in Arizona unless properly licensed by the State • of Arizona. .. • {i8. C• ` r• . • • . ' DATED '"�., „� {�, �.,. DATED 1-" - ‘kot5 • ..a,,,Right t Thumb -1e ,.:. e.P: t� • ,�,./--.4•y' ., `.-; iN •_ �. ' •', CONDITIONS AND REGULATIONS -' • r"� , �'' - '' • •_ = ' - : ' 9dtY1:1OA .Aii_r c rticnen�rw!r+.l • • . - - t tl,�,.. i`fs ,. - , • • ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL w1am:'i tg- •800 W Washington Sth Floor � 400 W Congress#150 Phoenix AZ 85007-2934 �''"� Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE (520)628-6595 l SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUBLIC l'�''; z'Ll /.., I l. 2 I Read Carefully,this instrument is a sworn document. Type or print with black ink An extensive investigation of your background will be conducted. False or incomplete answers cofikL`esii1i A'Li 0. 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 OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. 37Ct'i, A service fee of$25.00 will be charged for all dishonored checks(AILS.44.6852) ' O 1.Check ['Owner['Partner❑Stockholder❑Member gOfficer❑Agent 0 Manager(Only) appropriate 0 Other (Complete Questions 1-20&24) (Complete All Questions except#14,14a&25) box—I*- Licensee or Agent must complete#25 for a Manager Licensee or Agent must complete#25 'g2. Name: Btu rCA,P tv ye . � ADate of Birth: Q Last Firs Middle (This Will Not Beco}' e a of Public Records) 3.Social Security Number:3.56,_ ti'' C9l3 9 Drivers License#: I?!39 et (1 State: 12— (This Will Not Become a Part of Public Records) ,/ r 4.Place of Birth: �t.J rl?O A I Y} v �, Height: 5 2�� Weight: 0 Eyes: Prrl Hair: Ilk/— City V State Country 5. Marital Status 0 Single,\Married 0 Divorced❑Widowed Residence(Home)Phone:( 41 C2 ) : 7 - e)37Z 7 Name of Current or Most Recent Spouse: Btu rt-A f i,i,/ AN,- f Cf l f&'r/ Date of Birth: ll for last 5 years-Use additional sheet if necessary) Last First • Middle Maiden 7. You are a bona fide resident of what state? 1� r l Z 0 0 0 If Arizona,date of residency: Q02/94-Y 8 Telephone number to contact you during business hours for any questions regarding this document.(4 ) g> 7 - C?3 7 9. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Cliv-e s Premises Phone:(110 ) $7-_ 9.. 11.Licensed Premises Address: 6 0 17, 'c, Liquor License# 1 oCC� 741/ Street Address (Do not PO Box#) City County Zip (If this location is currently licensed) 12.List your employment or type of business during the past five(5)years,if unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Y-4 Month/Year OR BUSINESS (Give street address,city,state&zip) tia cii CURRENT A p ) ifne-fl'i y--e c.! 17/z1,3 3—Onera II Wt7to T ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE f"�Month/Year Month/Year Street Address City State Zip V 0 6 CURRENT 17/ / w J , JF+17f='.,PV-c, f'1 Vvia ` 4'i11 gut lifills (40,./4 g- 7/16 7,717.);- tit). 6 Of I A V iti)le s IL 606iisP LIC 0101 11/2000 Disabled individuals requiring special accommodations please call(602)542-9027 MEATS All entrees served with dinner salad and fresh baked bread Veal or Chicken Marsala Chicken $12.50 Veal.. $15.95 Our special creamy marsala wine sauce with mushrooms served with your choice of pasta V or Chicken Piccata Chicken $1 O50 Veal $15.95 Zu,1 `);: 'i, l ,', . 1 Sauteed in a lemon caper sauce served with your choice of pasta Veal or Chicken Contadina Chicken $12.50 Veal.......$15.95 Grilled with a hint of lemon and red wine vinegar served with sauteed onions,green peppers and mushrooms wrid yciva aiViEf pasta Veal or Chicken Parmesan Chicken $12.50 Veal $15.95 Smothered in our marinara sauce and topped with mozarella and served with your choice of pasta Veal Saltimbocca $15.95 Fresh veal and prosciutto sauteed with sherry and demi glace served over spinach with your choice of pasta Chicken Valdostana $13.50 Thinly sliced chicken breast stuffed with ricotta,prosciutto,peas,garlic and herbs in a demi glace mushroom sauce Lemon Roasted Chicken $9.95 Half lemon chicken,rosemary,garlic and oregano served with sauteed escarole and roast potatoes Delmonico Steak $15.95 Rib eye steak grilled to order and served with sauteed onions,peppers,mushrooms and roast potatoes Black Angus Strip Loin Steak $17.50 12 oz.steak grilled to order and served with sauteed spinach and roast potatoes SEAFOOD All entrees served with dinner salad and fresh baked bread Ct.,Sauce ,$12.95 Grilled Salmonaby clams in a creamy white sauce $14.95 8 oz.salmon filet marinated in olive oil garlic served in a fennel tomato herb sauce with basil and potatoes Herb Roast Brook Trout $13.95 10 oz.whole brook trout oven roasted and served with potatoes and spinach Pese al Aqua Pazza Market Price Fresh fish of the day poached in a fish and tomato broth with steamed clams,capers and fresh herbs with sauteed escarole Guazetto Entree $16.95 An abundance of shrimp,scallops,clams and mussels in a garlic tomato broth served over linguini Tuna Provencal $16.95 Filet of blue fin tuna pan seared and served in a fresh tomato herb cream sauce Shrimp Scampi $16.95 Fresh shrimp sauteed in butter,garlic and herbs with your choice of pasta Breaded Shrimp $12.95 Fresh shrimp breaded in our special seasonings and deep fried to perfection CHILDREN'S MENU 12 years of age and younger Little Chefs Burger and Fries $4.25 Served on our homemade Italian bread with lettuce,tomato,onion and choice of dressing C '^ken Sandwich and Fries $4.50 Chicken patty baked to a golden brown served on our homemade Italian bread with lettuce,tomato,onion and mayo Spaghetti $3.95 Our homemade marinara sauce over spaghetti Ravioli $4.25 Your choice of beef or cheese smothered in sauce with mozzarella APPETIZERS AND SOUPS sarlic Bread $3.50 A loaf of our homemade bread topped with garlic and herbs Bread $4.95 � A loaf of our homemade bread topped with fresh mozzarella,garlic and herbs `-001 APR t Di A I I' 2 1 i Clams Ore anato7'95. Fresh littleneck clams on the half shell baked with our homemade seasoned bread crumbs i Mussels in Saffron Cream Sauce $7.95 Fresh steamed mussels sauteed in a creamy tomato broth infused with saffron i Shrimp with Garlic and Herb Butter $6.95 Gulf shrimp marinated in garlic and fresh herbs 3ruschetta alla Romana $4.95 Toasted slices of our home made Italian bread topped with tomato salad chicken Wings with Celery and Carrots $5.95 10 wings smothered in your choice of mild,medium or hot sauce Mozzarella Sticks $4.25 -iomemade Minestrone $4.50 Italian vegetable soup made daily Soup of the Day $4.50 • Please ask your server for today's selection • .. ri �alamari $6.95 Fresh squid breaded and fried,served with our homemade sauce SALADS Dressings include: Ranch, House Italian, Bleu Cheese, French,Thousand Island and Honey Mustard Caesar $6.95 With Chicken $8.90 Romaine lettuce,onion,parmesan cheese,croutons and our own caesar dressing .ntiP asto Small $4.25 Large $6.25 Field greens,tomatoes,pepperoni,salami,ham,olives,provolone,mozzarella and pepperoncini peppers 'rimavera Salad $7.95 Assortment of grilled vegetables served over romaine lettuce with balsamic vinaigrette Jlediterranean Chopped Salad $5.95 Finely chopped romaine,arugula,zucchini,red and green peppers,tomatoes,olives and capers with herb dressing Jiixed Field Greens $4.25 Our house salad with your choice of dressing HOUSE POLICIES We accept Visa,Mastercard and Discover. We apologize if we run out of entrees. There is a 15%gratuity for parties over 8 persons. Prices are subject to hange without notice. The management is not responsible for lost or stolen articles. Manager reserves the right to add a$3 plate charge for shared dishes. PASTA All entrees served with dinner salad and fresh baked bread Pasta choices include: Linguine, Mostaccioli, Angel Hair, or Fettuccini S tietti Marinara $7.95 With Meatballs or Sausage $9.95 g Rigatoni Bolognese ll:.•Z I $8.95 Rigatoni pasta tossed with traditional meat sauce E 1 /h • • ..r��.�.• fi.••1l��fD��ll:.•� $16.95 Linguini Vongole Fresh steamed clams sauteed with garlic and herbs with your choice of marinara or garlic and oil Fusili with Roasted Chicken and Spinach $9.95 Roasted chicken and spinach tossed in a light chardonnay wine sauce Mostaccioli del Norma $10.95 Prosciutto,peas and artichoke hearts with tomatoes tossed in a white wine cream sauce Poma's Pasta Special $8.95 Sauteed bell peppers,onions and mushrooms tossed in our own marinara with your choice of pasta Oil and Garlic with Broccoli and Mushroom $9.95 Sauteed with white wine and served with your choice of pasta Fettuccini with Wild Mushroom Ragu $11.95 Wild mushrooms stewed in their natural juices with garlic,rosemary and a hint of tomato finished with a drop of white truffle oil Fettuccini Alfredo $10.95 With Chicken $13.45 Fresh parmesan cheese and garlic tossed in cream sauce Calamari Marinara $11.95 Calamari sauteed to perfection and smothered in our homemade marinara sauce on your choice of pasta Scallops in White Wine Sauce $13.95 Bay scallops sauteed in a white wine cream sauce and butter served over angel hair pasta G 1hi $11.95 Italian potato dumplings smothered in marinara sauce. AL FURNO All entrees served with dinner salad and fresh baked bread Ravioli $7.95 Baked ravioli with marinara topped with mozzarella. Your choice of beef or cheese Lasagna $8.95 Our homemade lasagna baked to perfection Cannelloni $8.95 Our homemade crepes filled with ricotta,parsley,parmesan and topped with marinara and mozarella Baked Ziti $8.95 Ziti sauteed in marinara,ricotta and herbs baked with mozzarella Eggplant Parmesan $9.95 Our own breaded eggplant smothered in marinara and topped with melted mozzarella SIDE DISHES M .atballs or Sausage $2.75 Fkrch Fries $1.75 Cheese French Fries $2.25 Side Spaghetti $3.95 Potato Salad or Pasta Salad $1.99 BEVERAGES Soft Dr1nkS (free'refills) $1.25 Pink Lemonade (free refills) $1.25 Hot Tea or Coffee $1.25 HLhocolate $1.50 2001 Milk APAP112 !.L:.2.1 $1.25 Iced Tea (free refills) $1.25 Cappuccino -PTE�. $2 50 �•�r••�:•r�?( e Juices and Mineral Waters $1.75 Espresso $2.25 DESSERTS Cannot $2.95 A sweet cream filled Italian pastry Zeppoli $2.75 Deep fried dough dusted with powdered sugar Tiramisu $3.95 Delectable espresso flavored cheese cake dusted with cinnamon New York Cheese Cake $3.50 With topping $4.75 Your choice of cherry,blueberry or strawberry Chocolate Suicide Cake $3.50 Rich chocolate layered cake with nuts and fudge icing SpLoni Gelato $2.95 Bread Pudding $3.95 LUNCH SPECIALS Served Monday thru Friday 11AM-2PM. Not valid on holidays and special events. 6 Inch Sub with Soup or Salad $5.95 Choice of turkey,ham or salami with soup or salad 6 Inch Chef Sub $4.95 Choice of turkey,ham or salami Spaghetti $5.50 A lunch portion of spaghetti,salad and homemade Italian bread M.ostaccioli $5.50 A lunch portion of mostaccioli,salad and homemade Italian bread Ravioli $5.50 A lunch portion of ravioli,your choice of beef or cheese,salad and homemade Italian bread Manicotti $5.50 A lunch portion of manicotti,salad and homemade Italian bread La.` a $6.50 A lunch portion of lasagna,salad and homemade Italian bread 10 Inch Cheese Pizza $4.95 Please add 75t for each additional topping SUBSAll subs are on homemade bread and come with your choice of pasta salad,potato salad or fries HOT SUBS COLD SUBS Meatball $6.50 All cold subs`are served cheese, d onions, Homemade meatballs and sauce with mozzarella cheese green leaf lettuce, fresh tomatoes, mayo, I n Sausage $6.50 mustard, Italian dressing,pepper rings. Homemade sausage and sauce with mozzarella cheese ag Combo $6.95 "GI `,P�� g�lal`Al.11:..2.! $5.95 Sausage Special $6.95 Sausage with sauteed mushrooms,onions and bell peppers Ham $5.95 Roast Beef $5.95 Super Roast Beef $6.75 Turkey $5.95I �'��g $6.50 Shaved roast beef with sauteed mushrooms,onions and Tuna $6.95 bell peppers on garlic bread with provolone cheese Tanker $6.95 BURGERS Served with french fries Stuffed with Italian sausage,homemade meatballs and sauce topped with mushrooms,onions,bell pepper and mozzarella 6 Oz Black Angus Burger $5.95 Italian Beef $6.75 Chef Burger w/Cheese or Sauteed Veggies $6.75 Shaved roast beef in sauce with mozzarella Chicken Parmesan $7.50 PIZZA TOPPINGS Chicken baked or fried with sauce and mozzarella Veal Parmesan $9.50 pepperoni, mushrooms, shrimp, broccoli, Tender veal baked and smothered in sauce with mozzarella sun dried tomatoes, ricotta cheese, zucchini, sausage, Eggplant Parmesan $7.95 reen pepper, anchovies, ham, onion, clams, canadian Homemade eggplant with sauce and mozzarella bacon, back olives, calamari, meatballs, green olives, Veggie $6.50 garlic, hamburger, tomatoes, turkey, bacon, Grilled broccoli,bell peppers,onions,mushrooms,tomatoes artichokes and eggplant and zucchini PIZZAS EXTRA THIN CRUST 10"round 12" round 14" round 16" round 18" round small round L Square XL Square AVAILABLE (4 slices) (6 slices) (8 slices) (10 slices) (family size) (4 slices) (8 s ces) (10 slices) LP' MINI SMALL MEDIUM LARGE GIANT DEEP DISH SICILIAN SICILIANN Cheese & Sauce $5.95 $7.95 $9.95 $10.75 $12.50 $7.95 $10.75 $12.50 Each additional item $.75 $1.00 $1.25 $1.50 $1.75 $1.00 $1.50 $1.75 5 Chef's Deluxe $9.95 $11.95 $13.25 $14.75 $16.50 $11.95 $14.75 $16.50 E.t.a cheese,pepperoni, mushroom,bell peppers, onions and black olives Super Deluxe $11.95 $13.95 $15.95 $16.75 $18.50 $13.95 $16.75 $18.50 Extra cheese,pepperoni, sausage.ham,mushrooms, onions,green peppers&olives Margarita $6.95 $8.95 $10.25 $11.75 $13.50 $8.95 $11.75 $13.50 Pizza sauce,basil and mozarella cheese Vegetarian $9.95 $13.95 $13.25 $14.75 $16.50 $11.95 $14.75 $16.50 Olives,mushrooms, onions,tomatoes,bell peppers,&extra cheese Super Veggi $12.95 $13.95 .$14.25 $14.95 $17.95 $12.95 $14.95 $17.95 Olives,mushrooms,onions,toma- toes,bell peppers,zucchini,broc- coli,squash,artichokes&extra cheese CALZONES A delicious turnover made with pizza dough with your choice of fillings tS eelal Pepperoni,sausage,onions,bell pepper,mushrooms,with your choice of ricotta or mozzarella cheese $7 25 -se Pizza sauce with your choice of ricotta or mozzarella cheese($1.25 per additional item) $5.95 ball Homemade meatballs with pizza sauce with your choice of ricotta or mozzarella cheese $7.25 Sausage Sausage with pizza sauce with your choice of ricotta or mozzarella cheese $7.25 Tanker Meatballs,sausage,mushrooms,onions,green peppers,and your choice of ricotta or mozzarella cheese $7.95 Ve&gie Broccoli,bell peppers,onions,mushrooms,tomatoes,zucchini and mozzarella cheese $7.95 . 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After court and all proceedings, I was charged with a misdemeanor and all cost and probations have been fulfilled. See Attached. -- �. ► OW /0/ ?iv/ Steven C. Borchew E(yA(AO ViVez c„,02\-- e --e 011-01 lTa( 11 /711 t(.5 ,5'.:c"), L (tiw 2001APf 2[4 A II: 2I 1 IN THE JUSTICE COURT FOR THE STATE OF IN AND FOR TILE COUNTY OF MARICOPA,SCOTTSDAL ' ' I 2 3700 North 75th Street Scottsdale,Arizona 85251 (480)947-7569 3 ) 4 STATE OF ARIZONA, ) Case No.CIS 00-00 49 FE ) 5 Plaintiff, ) a. ) 6 v. ) ORDER RE:DEFENDANT'S ) MOTION TO TERMINATE 7 STEVE CRAI+G BORCHEW, ) PROBATION ) 8 Defendant. ) ) 9 10 Defendant having filed a Motion to Terminate Probation on July 19,2000. 11 The Court having considered that which has been submitted, (lbw 12 IT IS ORDERED that Defendant be,and hereby is,terminated from probation. + s 13 DONE IN OPEN COURT this 7th day of AUGUST,2000. 14 CFFICIAL88Ai. �- E 15 Mlfw, Magic' *� �,u{{�ttfcw let.„01.,fida,... ` 4 „t4. 16 '=' _ - Mark W.Dobronski S� rn Justice of the Peace ft 17 ecIN 18 �CtLr �,� ` 11(Ty 1 19 20 21 Copies of the foregoing mailed on this date: i-i.--D O yr ,to: 22 Thomas Zia,Esq. Steve Craig 13orchew 23 Maricopa County Attorney's Office 10401 N.Saguaro Blvd.,Apt. #118 222 E. Javelins Ave., Ste. 2400 Fountain Hills,iA Z 85268 24 Mesa,AZ 85210 25 L 26 • SCOTDALEJUSTICE COURT MAICOPA COUNCY R STATE OFRIZON . : • - eR THE STATE OF ARIZONA • -.. - CASBItIO.- . • JUDGMENT AND• •ORDER$USP IttG-SENT Nc•E AND •:•SI'.� CRAIG 7►RCNEit= •; _. IMPOSING�TERtU S OFF PROBATION.CONCURRENT:W1Tii. • IT IS THE JUDGMENT OF THIS COURT THAT DEFENDANT,IS`:i UILTY,OF - '• �• - ,_ . •- :• - -. -_ ' _ . . . : . � �� •. CASE=NC?. � . ..-. .• . COUNT . I (AMENDED),I • POSSESSION OF'.:.?SA•l X JUANX.:'-..A-CLASS 1 MISDEMEANOR :ti•: ' : susp ending imposition of sentence for a period of ' f -rnonth(s)/y+ear(s)from this date, ng. • Q p • ' '' defendant on probation under the supervision of,this court or its designated officer on those terms and regulations which a e checked , • ' therefore '. • AS STANDARD TERMS DEFENDANT SHALL AND AS SPECIAL TERMS,DEFENDANT SHALL • - • t ip t: At alt times be a law abiding citizen. 0 9. Report to the court or its designated oif'icerat least once each merit• • ' ' In writing or in person or at all other suOtt as directed by'the ' . Q 2.•Participate and-cooperate fully in any program of assistance court or its designated officer- _- • ' , • and counseling,whether vocational,.medical, psychological or • ,..M..., •' • financial as directed by the court or its designated officer.. , Q i e. Participate and cooperate in any specified dr ig or alcohol arehabill _ tattve program, either.residential or outpatient,at directed by the• - Q 3. Remain gainfully employed or enrolled as a student at all-times court or its designated•officer : .. ' and shall.-keep:the court or its designated officer advised,of - • • • such employment or schooling and progress therein. ❑11.Submit to,urinalysis testing as directed;by the court or its desig- - nated officer. : .. • J 4. NO drink intoxicating and/or alcoholic beverages(to excess). S 012..Make and pay restitution through this court in the total amount of • (16.0....J 5. Not knowingly associate with any person of lawless reputation $ •• in regular monthly*Merits of$`_: ' '- •• not with any person who has a criminal record or who is on • each month beginning on • • S • • . ' probation or parole without approval of the court or its desig- nated and they each mofith.tlmer+saiter until'paid it " nated officer: , . , fi. Not possess or use any drug or narcotic including marijuana or 2113. Pay a fine to this court in the amount of$ 7 5 0`00. T( y'_ • dangerous drugs in violation of any law. before • . . ,or in regular monthly payments of - Q 7. Not or oarttrat an deadly or firearm. $ each month beginning-on. ���� Y y weapon� and on the, day of each month thereafter until paid to full. 0.8. Not leave the State of Arizona nor change the place of rest- 014. Pay a reimbursement to this court in the amount of$ :' . • dance without notification and approval of the court or its on or before or in regular r orithly payments of : - designated officer. • $ each month beginning on - and on the : day of each month thereafter until paid in:full..: 015.Be confined In the Maricopa County Jai for a-period of . RECEIPT AND ACKNOWLEDGEMENT day(s),.commencing • • • • • I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THE ending - • • • FOREGOING TERMS AND REGULATIONS OF PROBATION. I - UNDERSTAND•THAT IF I VIOLATE ANY- TERM OR CONDITION, Il16.The' defendant sham participate in and complete 2 4 . hours ' THE COURT MAY REVOKE AND TERMINATE MY.PROBATION AND in the at •, IMPOSE A SENTENCE ON ME IN ACCORDANCE WITH'THE LAW.I corhrttunttSr work. .- AGREE TO WANE EXTRADITION FOR ANY PROBATION REVOCA- to be completed by •• r.: . 1- ;•0(i?ib O . .'TION• PROCEEDINGS WHICH OCCUR WITH REFERENCE TO • "' ' S PROBATION HEREIN GRANTED. ❑17. Not drive a vehicle,In Arizona unless properly licensed by the State • . of Arizona. :,: . •. • •iiii:: k t ,-„.' :, . , Cni.a.S161%PiTgrisae.iV -II' - .A': '''.., • : " .. i _•‘.6•. DATED '`,! 7. -f- . . • I ' ._h.. f'.. 1114 i " .__.. DATED !� .• : '.....,,:i::. •-;.-9%.40".4.—, i t•''.`' ^!'.•:ate- - r..t n.. �.rr-...... t,4 ,rY'e:r�.r. _ �. .• /JJ •' '.may Right Thumb .l •'• •' • T-' * �F • CONDITIONS AND REGULATIONS • ' _ ;rii ' -.l�'•. = ' : M 94 = R A 1911_an • nr�anerw�1r a1 • • ' - +r.€1 sa r.tx •• ' - MEATS , , All entrees served with dinner salad and fresh baked bread Veal or Chicken Marsala Chicken $12.50 Veal $15.95 Our special creamy marsala wine sauce with mushrooms served with your choice of pasta Visor Chicken Piccata Chicken $12.50 Veal $15.95 Sauteed in a lemon caper sauce served with your choke of pasta ( �'` ! A + 2 I Veal or Chicken Contadina Chicken $12.50 Veal $15.95 Grilled with a hint of lemon and red wine vinegar served with sauteed onions,green peppers and mushroo pis wit ydur �icie of pasta Vea l or Chicken Parmesan Chicken $12.50 Veal $15.95 Smothered in our marinara sauce and topped with mozarella and served with your choice of pasta Veal Saltimbocca $15.95 Fresh veal and prosciutto sauteed with sherry and demi glace served over spinach with your choice of pasta Chicken Valdostana $13.50 Thinly sliced chicken breast stuffed with ricotta,prosciutto,peas,garlic and herbs in a demi glace mushroom sauce Lemon Roasted Chicken $9.95 Half lemon chicken,rosemary,garlic and oregano served with sauteed escarole and roast potatoes Delmonico Steak $15.95 Rib eye steak grilled to order and served with sauteed onions,peppers,mushrooms and roast potatoes Black Angus Strip Loin Steak $17.50 12 oz.steak grilled to order and served with sauteed spinach and roast potatoes SEAFOOD All entrees served with dinner salad and fresh baked bread ClL Sauce ,$12.95 Grilled Salmon clams in a creamy white sauce $14.95 8 oz.salmon filet marinated in olive oil garlic served in a fennel tomato herb sauce with basil and potatoes Herb Roast Brook Trout $13.95 10 oz.whole brook trout oven roasted and served with potatoes and spinach Pese al Aqua Pazza Market Price Fresh fish of the day poached in a fish and tomato broth with steamed clams,capers and fresh herbs with sauteed escarole Guazetto Entree $16.95 An abundance of shrimp,scallops,clams and mussels in a garlic tomato broth served over linguini Tuna Provencal $16.95 Filet of blue fin tuna pan seared and served in a fresh tomato herb cream sauce Shrimp Scampi $16.95 Fresh shrimp sauteed in butter,garlic and herbs with your choice of pasta Breaded Shrimp $12.95 Fresh shrimp breaded in our special seasonings and deep fried to perfection CH I LD REN'S MENU 12 years of age and younger Little Chef's Burger and Fries $4.25 Served on our homemade Italian bread with lettuce,tomato,onion and choice of dressing C .^ken Sandwich and Fries $4.50 Chicken patty baked to a golden brown served on our homemade Italian bread with lettuce,tomato,onion and mayo Spaghetti $3.95 Our homemade marinara sauce over spaghetti Ravioli $4.25 Your choice of beef or cheese smothered in sauce with mozzarella APPETIZERS AND SOUPS 2rarlic Bread $3.50 A loaf of our homemade bread topped with garlic and herbs 'Awe Bread $4.95 A loaf of our homemade bread topped with fresh mozzarella,garlic and herbs 2001 APR i 21 A 3 f: 21 i Clams Oreganato $7.95 Fresh littleneck clams on the half shell baked with our homemade seasoned bread crumbs '.:PT i Mussels in Saffron Cream Sauce $7.95 Fresh steamed mussels sauteed in a creamy tomato broth infused with saffron Shrimp with Garlic and Herb Butter $6.95 Gulf shrimp marinated in garlic and fresh herbs 3ruschetta alla Romana $4.95 Toasted slices of our home made Italian bread topped with tomato salad chicken Wings with Celery and Carrots $5.95 10 wings smothered in your choice of mild,medium or hot sauce Mozzarella Sticks $4.25 iomemade Minestrone $4.50 Italian vegetable soup made daily r Soup of the Day $4.50 Please ask your server for today's selection riLCalamari „ $6.95 Fresh squid breaded and fried,served with our homemade sauce SALADS Dressings include: Ranch, House Italian, Bleu Cheese, French,Thousand Island and Honey Mustard ;aesar $6.95 With Chicken $8.90 Romaine lettuce,onion,parmesan cheese,croutons and our own caesar dressing .ntiP asto Small $4.25 Large $6.25 Field greens,tomatoes,pepperoni,salami,ham,olives,provolone,mozzarella and pepperoncini peppers 'rimavera Salad $7.95 Assortment of grilled vegetables served over romaine lettuce with balsamic vinaigrette Vlediterranean Chopped Salad $5.95 Finely chopped romaine,arugula,zucchini, red and green peppers,tomatoes,olives and capers with herb dressing v ixed Field Greens $4.25 Our house salad with your choice of dressing L HOUSE POLICIES We accept Visa,Mastercard and Discover. We apologize if we run out of entrees. There is a 15%gratuity for parties over 8 persons. Prices are subject to hange without notice. The management is not responsible for lost or stolen articles. Manager reserves the right to add a$3 plate charge for shared dishes. PASTA All entrees served with dinner salad and fresh baked bread Pasta choices include: Linguine, Mostaccioli, Angel Hair, or Fettuccini S lietti Marinara $7.95 With Meatballs or Sausage.. .$9.95 Rigatoni Bolognese ZOOLARR-24-A-1.1-...2V.95 Rigatoni pasta tossed with traditional meat sauce Linguini Vongole . :..... f,;d rv.$16.95 Fresh steamed clams sauteed with garlic and herbs with your choice of marinara or garlic and oil Fusili with Roasted Chicken and Spinach $9.95 Roasted chicken and spinach tossed in a light chardonnay wine sauce Mostaccioli del Norma $10.95 Prosciutto,peas and artichoke hearts with tomatoes tossed in a white wine cream sauce Poma's Pasta Special $8.95 Sauteed bell peppers,onions and mushrooms tossed in our own marinara with your choice of pasta Oil and Garlic with Broccoli and Mushroom $9.95 Sauteed with white wine and served with your choice of pasta Fettuccini with Wild Mushroom Ragu $11.95 Wild mushrooms stewed in their natural juices with garlic,rosemary and a hint of tomato finished with a drop of white truffle oil Fettuccini Alfredo $10.95 With Chicken $13.45 Fresh parmesan cheese and garlic tossed in cream sauce Calamari Marinara $11.95 Calamari sauteed to perfection and smothered in our homemade marinara sauce on your choice of pasta Scallops in White Wine Sauce $13.95 Bay scallops sauteed in a white wine cream sauce and butter served over angel hair pasta Ghi $11.95 Italian potato dumplings smothered in marinara sauce. AL FURNO All entrees served with dinner salad and fresh baked bread Ravioli $7.95 Baked ravioli with marinara topped with mozzarella. Your choice of beef or cheese Lasagna $8.95 Our homemade lasagna baked to perfection Cannelloni $8.95 Our homemade crepes filled with ricotta,parsley,parmesan and topped with marinara and mozarella Baked Ziti $8.95 Ziti sauteed in marinara,ricotta and herbs baked with mozzarella Eggplant Parmesan $9.95 Our own breaded eggplant smothered in marinara and topped with melted mozzarella SIDE DISHES M.atballs or Sausage $2.75 Fhowch Fries $1.75 Cheese French Fries $2.25 Side Spaghetti $3.95 Potato Salad or Pasta Salad $1.99 BEVERAGES Soft Drinks (free refills) $1.25 Pink Lemonade (free refills) $1.25 . Hot Tea or Coffee $1.25 H %hocolate $1 50 Milk . c... ►..�.�:.:�.�....$1.25 Iced Tea (free refills) $1.25 Cappuccino ,.14A " :? .. •'c 250 Juices and Mineral Waters $1.75 Espresso $2.25 DESSERTS Cannot $2.95 A sweet cream filled Italian pastry Zeppdli $2.75 Deep fried dough dusted with powdered sugar Tiramisu $3.95 Delectable espresso flavored cheese cake dusted with cinnamon New York Cheese Cake $3.50 With topping $4.75 Your choice of cherry,blueberry or strawberry Chocolate Suicide Cake $3.50 Rich chocolate layered cake with nuts and fudge icing SpLoni Gelato $2.95 Bread Pudding $3.95 LUNCH SPECIALS Served Monday thru Friday 11AM-2PM. Not valid on holidays and special events. 6 Inch Sub with Soup or Salad $5.95 Choice of turkey,ham or salami with soup or salad 6 Inch Chef Sub $4.95 Choice of turkey,ham or salami Spaghetti $5.50 A lunch portion of spaghetti,salad and homemade Italian bread Mostaccioli $5.50 A lunch portion of mostaccioli,salad and homemade Italian bread Ravioli $5.50 A lunch portion of ravioli,your choice of beef or cheese,salad and homemade Italian bread Manicotti $5.50 A lunch portion of manicotti,salad and homemade Italian bread L. .50 • A lunch portion of lasagna,salad and homemade Italian bread 10 Inch Cheese Pizza $4.95 Please add 754 for each additional topping SUBSAll subs are on homemade bread and come with your choice of pasta salad,potato salad or fries h HOT SUBS COLD SUBS Meatball $6.50 All cold subs are served with cheese, romaine and Homemade meatballs and sauce with mozzarella cheese green leaf lettuce, fresh tomatoes, sliced onions, mayo, I Sausage $6.50 mustard, Italian dressing,pepper rings. Homemade sausage and sauce with mozzarella cheese OOI �'t'{ `L! 5 • Combo $6.95� S \H Jd $5.9 Sausage Special $6.95 Sausage with sauteed mushrooms,onions and bell peppers Ham $5.95 .r;�_.. f+ Roast Beef $5.95 Super Roast Beef $6.75 Turkey $5.95 .'` $6.50 P Shaved roast beef with sauteed mushrooms,onions and Tuna $6.95 bell peppers on garlic bread with provolone cheese Tanker $6.95 BURGERS Served with french fries Stuffed with Italian sausage,homemade meatballs and sauce $5.95 topped with mushrooms,onions,bell pepper and mozzarella 6 Oz Black Angus Burger Italian Beef $6.75 Chef Burger w/Cheese or Sauteed Veggies $6.75 Shaved roast beef in sauce with mozzarella Chicken Parmesan $7.50 PIZZA TOPPINGS Chicken baked or fried with sauce and mozzarella Veal Parmesan $9.50 pepperoni, mushrooms, shrimp, broccoli, Tender veal baked and smothered in sauce with mozzarella sun dried tomatoes, ricotta cheese, zucchini, sausage, Eggplant Parmesan $7.95 reen pepper, anchovies, ham, onion, clams, Canadian Homemade eggplant with sauce and mozzarella bacon, black olives, calamari, meatballs, green olives, Veggie $6.50 garlic, hamburger, tomatoes, turkey, bacon, Grilled broccoli,bell peppers,onions,mushrooms,tomatoes artichokes and eggplant and zucchini PIZZAS EXTRA THIN CRUST 10"round 12" round 14" round 16" round 18" round small round L Square XL Square AVAILABLE (4 slices) (6 slices) (8 slices) (10 slices) (family size) (4 slices) (8 shoes) (10 slices) (IIIW MINI SMALL MEDIUM LARGE GIANT DEEP DISH SICILIAN SICILIA.N Cheese & Sauce $5.95 $7.95 $9.95 $10.75 $12.50 $$7.95 $10.75 $12.50 Each additional item $.75 $1.00 $1.25 $1.50 $1.75 $1.00 $1.50 $1.75 Chef's Deluxe $9.95 $11.95 $13.25 $14.75 $16.50 $11.95 $14.75 $16.50 Ext a cheese,pepperoni, mushroom,bell peppers, onions and black olives Super Deluxe $11.95 $13.95 $15.95 $16.75 $18.50 $13.95 $16.75 $18.50 Extra cheese,pepperoni, sausage.ham,mushrooms, onions,green peppers&olives Margarita $6.95 $8.95 $10.25 $11.75 $13.50 $8.95 $11.75 $13.50 Pizza sauce,basil and mozarella cheese Vegetarian $9.95 $13.95 $13.25 $14.75 $16.50 $11.95 $14.75 $16.50 Olives,mushrooms, onions,tomatoes,bell peppers,&extra cheese Super Veggi $12.95 $13.95 $14.25 $14.95 $17.95 $12.95 $14.95 $17.95 Olives,mushrooms,onions,toma- toes,bell peppers,zucchini,broc- coli,squash,artichokes&extra cheese CALZONES A delicious turnover made with pizza dough with your choice of fillings lS e tal Pepperoni,sausage,onions,bell pepper,mushrooms,with your choice of ricotta or mozzarella cheese $7 25 'ise Pizza sauce with your choice of ricotta or mozzarella cheese($1.25 per additional item) $5.95 ball Homemade meatballs with pizza sauce with your choice of ricotta or mozzarella cheese $7.25 Sausage Sausage with pizza sauce with your choice of ricotta or mozzarella cheese $7.25 Tanker Meatballs,sausage,mushrooms,onions,green peppers,and your choice of ricotta or mozzarella cheese ..$7.95 Ve gie Broccoli,bell peppers,onions,mushrooms,tomatoes,zucchini and mozzarella cheese $7.95 � $7.95 Spinach Spinach with your choke of ricotta or mozzarella cheese �� ,\ : rs yr 'tf�f�'),r, jj�•:;• �:i'.� f:1,-„- ,,;i $,�i.:...,,(1�fi 1 .;,'4,:.:'�:�'.: iplig 447.1 ,..,,,,,,it', ,'}w ••>?r••' 43,. •'• .i.....,,{ f:'••ii�ti.,,,,,,,,=r•:ir�... ,`jw•. •ititi"a'•. •�.••..4�.! • i?d- ,•'�•/•'i//M1c....:.::•..,1•fi}� d w,.iTs. 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' t' +.;'',:k,i •1 fir,�f �f!�':•�+s {f •:t•..•s •••$. ,;yl f .f, c.;:;.'s,''.;k are• sa >,at `1: �,kri ,l9r+t. ct;s% I f r,f?s..• ..ss. 1rr�1?:rl t, s�?• F rn► n t Fountain Hills Memorandum L TO: Cassie Hansen /, FROM: Steve Gendler,Marshal Z.2 DATE: May 25,2001 SUBJECT: Liquor license application-American Legion The purpose of this memorandum is to endorse the attached liquor license application and forward the results of my investigation. It is my understanding that this item will be reviewed by the Council at their meeting of June 7th. Investigative facts: This application, for a new class 14 liquor license, would be used by the American Legion for a "club" facility at 16837 Parkview. Under the provisions of the Arizona Revised Statutes, Title 4, a class 14 license is a non-transferable, non-quota license issued specifically to an individual veteran or fraternal organization. Known as a "club" license, a series 14 only allows on premise sale and consumption of alcohol to members and registered guests. A review of liquor department requirements for a series 14 license indicates that it can be (to granted without a formal inspection of the premises and that there are no restrictions relating to nearby bars and restaurants. However, a class 14 license is not exempt from the 300' rule regarding churches and schools. The officers listed, Kenneth Bowman, Richard LaPenta, Phillip Norton, and Bob Pavlet are all members of the Post#58 Executive Committee and are Fountain Hills residents which has been verified as part of the background investigation. Neither the applicant nor the officers have any wants or warrants and all possess valid Arizona driver's licenses which support their resident status. Findings: The facility,located at 16837 Parkview,is situated in a commercial area well over 300'from the nearest church and school. The non-profit status, supported by IRS Tax-exemption number 86- 6038168, is consistent with a club definition under the provisions of ARS title 4. Moreover, American Legion Post#58, chartered in July, 1985,clearly meets the legal requirements of a veteran or fraternal organization which qualifies for a class 14 license. Moreover, the Council previously approved a class 14 license for the American legion on August 15, 1996 that has been in use at 16850 Avenue of the Fountains. Numerous covert and overt inspections over the last 4 years have not resulted in any significant infractions which would be cause to deny the license. Recommendation: Based on compliance with all provisions of ARS Title 4 relating to club status as well as the requirements for a series 14 liquor license, I recommend approval of this application by the Council at their June 7th. Copies of all investigative documents are on file with the Marshals Department. 4 . ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ors }� �c' — or-1) ('.4•0 .411f! 7800 W Washin ton Sth Floor �,��.,,..- � �. ��<104:. g I L IZ0 W Congress#150 Phoenix AZ 85007-2934 TI` �. (602) 542-5141 y\�"�'.!ti Tucson AZ 85701-1352 it Y I I 12 45 pH fgfpgegivtD APPLICATION FOR LIQUOR LICENSE MAY 1 6 2001 TYPE OR PRINT WITH BLACK INK FOUNTAIN HILLS O Notice: Effective Nov.1,1997,All Owners A ents Partners Stockholde Office or Mana ers activeCLERK o erations of the business must attend a Department approved liquor law training course or provideproof o attendance involved in the i to ha five years. See page 5 of the Liquor Licensing requirements. attendance within the last SECTION 1 This application is fora: Pot S— 1 SECTION 2 Type of ownership: n to-S-a I �Q NEW PERMIT Complete Section 5 0 J.T.W.R.O.S. (you n 41 �'7—D®® LICENSE Complete Sections 2,3,4,13,14,15,I6,17S. Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0INDIVIDUAL Complete Section 6 •T-ntl Complete Sections 2,3,4,ll,I3,15,16,17 ❑PARTNERSHIP Complete Section 6 0 55 lo CAI-LOCATION OCATION TRANSFER(Bars and Liquor Stores ONLY) ❑CORPORATION Complete Section 7 Complete Sections Z,3,4,12,I3,15,16,17 LIMITED LIABILITY CO. Complete Section 7 ❑PROBATE/WILLASSIGNMENT/DIVORCE DECREE . CLUB Complete Section 8 Complete Sections 2,3,4,9,I3,15,17(fee not required) ❑GOVERNMENT Complete Section 10 ❑GOVERNMENT q � ❑TRUST Complete Section 6 RNMENT Complete Sections 2,3,4,10,13,15,16,17 ❑OTHER Explain SECTION 3 Type of license and fees; LICENSE#: b 50t'j_____2___________ 1. Type of License: (-1i, 8 APPLICATION FEE AND INTERIM PERMIT FEE2. S fees attached: $ ES(IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852 "OCTION 4 Applicant:(All applicants must commr. plete this section) Applicant/Agent's Name::ms. -' 1. appear on license) L?c) Lr� A,' !V,�,j - } (,1 name ONLY to Last 2. Co /P First Middle rp. artnership/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: PJ()6- L. 4 ti N 4. aA/ o -,•_ (Exactly as it appears on the exterior of premises) `-' 4. Business Address: � #„ i U (Do not use PO Box Number) �� 19 �6 i ' COUNTY Zip 5. Business Phone: (4)- 3/2 _ S 1 c Residence oL�.- incorporated limits of the Phone::COL)) &-3 — 66. Is the business located within the (-�- 7 r f e above city or town. S ONO 7. Mailing Address: 9 `-')A A. E 1-0 (1 E .- City � State zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: 10 Date: 51 /i/O ) /4 6 ,_______73____(,66Y Fees: I — --- Application Interim Permit Agent Change Club-.___ q6, - $ F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT INA LONGER You ARE CAUTIONED REGARDING PLANS FORA GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 010011/2000 *Disabled individuals requiring special accommodation,please call(602)542-9027. nrtiWiNA Ju.LI'Atj l'1vIENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th door -- � 400 VAT Congress#150 Phoenix AZ 85007-2934 w` I)4 Tucson AZ 85701-1352 (602) 542-5141 444441' ,,. 5 0). , lipy . �t Pig+ii tt. :�;; '' APPLICATION FOR LY U t .0 S 1 �. " 5 TYPE OR PRINT WITH B i, �`► . t . - Notice: Effective Nov.1,1997,All Owners,Agents,P rtnerc�Stocishalde O ce ';;fir 14Mau rsO vely involved 3n the day tojily, merations of the business must attend a Department approved liquor law t •course or provide proof of attendance within the last lve years. See a 5 of the Liquor Licensing requirements. ;ECTION This application is for a: SECTION'2 Type of ownership: 3 INTERIM PERMIT Complete Section 5 0 I.T.W.R.O.S. Complete Section 6 KNEW LICENSE Complete Sections 2,3,4,13,14,15,24,17 ❑INDIVIDUAL Complete Section 6 3 PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 ❑CORPORATION Complete Section 7 3 LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT CompleteSection 10 Complete Sections 2,3,4,9,23,15,17(fee not required) 0 TRUST Complete Section 6 3 GOVERNMENT Complete Sections 2,3,4 10,13,15,16,17 0 OTHER Explain ECTION 3 Type of license and fees: LICENSE#: Type of License: 2.Total fees attached: $ APPLICATION FEE AND IN7ER1111 PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25,00 will be charged for all dishonored checks(A;R.S.44.6852) EELdN 4 Applicant:(All Iicants must complete this section) Applicant/Agent's Name:Ms. OL4Afl(4/'7t sect ooe name ONLY to appear an licease) Last Pirst Muddle Corp.IPartnership/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) r Business Name: (Exactly as is appears an the 'or of premises) Business Address: (Do not use PO Bone Number) City COUNTY. 4 Business Phone:( • Residence Phone:( ) [s the business located within the incorporated limits of the above city or town? OYES ONO Mailing Address: City State 4 triter the amount paid for a 06,07,or 09 license: $ • (Price of License ONLY) • DEPAR USE ONLY Accepted by:____Chalbehil Date: . V /0/ 0 J____ Inc.# I LI 0--*/1.)D 9-69 Pees: I6 — gi --- Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAXES APPROXIMATELY9O DAYS,AND CIRCUMSTANCES OFTEN RESCTLTINA LONGER WAILING PERIOD. cw. You ARE CAUTIONED REGA D/NG PLANS FOR A GRAND OPEN NG,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. :oo o7n000 *Disabled individuals requiring special accommodation,please call the Department Z 4 LIQ i. (iv 1 PHILLIP W. NORTON P.O. BOX 17171 FOUNTAIN HILLS, AZ 85269 To Whom It May Concern: I was charged with Suspicion of D.U.I. approximately 22 years ago. To the best the case was settled with a plea agreement of Left of Center and of my memory and the incident was closed. Speeding. I attended a class Phillip W. rton Date L L ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL d" c:c. 800 W Washington 5th Floor Phoenix AZ 85007-2934 „L z*V 400 W Congress#150 (602)542 5141 Tucson AZ 85701-1352 QUESTIONNAIRE ► 1 L i (520)628-6595 SOCIAL SECURITY AND BIRTHRATE INFORM � Tl N IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINAT IC Read Carefully,this instrument is a sworn document. Type or print A with black ck An extensive investigation of your background will be conducted. False or incomplete ink in criminal prosecution and the denial or subsequent revocation of a license or permit. result TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMg p 1t. COMPLETING THIS FARM MUST SUBMIT AN"APPLICANT'DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERP OFFICER OR MANAGER. ALSO EACH PERSON TEE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FIlVGERP DOES NOT PROVIDE THIS SERVICE. RENTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. HE DEPA ST BE There is a 2A,.00 rocessin fee for each fine Tint� 4 T�DEPARTMENT A service fee of$25 00 will be charged for all dishonored checks(A.R.SS44,6852)submitted. V 1.Check ������� ❑Owner❑Partner Sto appropriate ❑Other ❑ ckholder ember❑Officer❑Agent box (Complete Questions 1-20&24) 0 Manager(Only) ''�' Licensee or A rent must corn I lete#25 for a Mana�er (Complete All Questions ex�#14,14a& - Licensee or Agent must corn i fete#2�2. Name: 1 r^fo r , Last PI) r3 d I : W , First of Birth: - i "- Middle (This YJi N9t Become a Part of Public Records) 3.Social Security Number: 5-1.)- 3 4' 0 6'0 (This tWil--1 N9 Become a Part of Public RecordsDriverS License#: � J State: !, 4.Place of Birth: ' t7 ' co . �.Z Height: Weight: Q Eyes: Hair: l��'' City State County 5. Marital Status ❑Sin le PLC]Married azried❑Divorced❑Widowed Residence(Home)Phone:( &) 3 6. Name of Current or Most Recent Spouse: ,p�' O+ �--���"�' 6.(L all for last 5 years t Use additional sheet if necessary) Last S t ' cl iv` j First � Date of Birth: '�"a Middle Maiden tiliribu are a bona fide resident of what state? ,�., If Arizona,date of residency:— —/xj .- 8 Telephone number to contact you during business hours for any questions regarding 9. If you have been a resident less than three(3)months,submit a copyof g ding this document.(��) ,'" _ ��' cifiver's license or voter registration card. 10. Name of Licensed Premises: -�t�`i 1 b51- AA, (.-Ec, it 4L5 { �- • 11.Licensed Premises Address: - + '- Premises Phone: ( .-�= , .� e/ 1tePc , Street Address (Do not use PO BA4 4/PC S5-8 � .x#) City CountyLiquor License# � IU 12.List our emelo ent or Ate of business durin• �p (If this location is currently licensed) FROM _ the east five(5) ears,if unemelo ed .art of the time,list those dates. List most recent TO DESCRIBE POSITION 1st. Mon ' C'CJRRENI' Month/Year. iniOR mmimi BUSINESS EMPLOYER'S NAME OR NAME OF RUR (Give street address,city,state&zip) SS riliMIMMI t2e-Y c t-'r :.1 rc714. Fa 0 W141 i'id /4,'1 i c 1 I-0 0 g DO 0 44 . ./ _ado / .3 3'3 IS t.„. Li 6-- c_O k u 2 ATTACH AD p' ONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five(5) ears: 3.5249 FROM TO. ''+ I its r '�..r Huh/Year Month/Year - RESIDENCE MIStreet Address usesiminromillMINIIIII CURRENT J >33 "j c b f —11114Mill I?2 NM I1I 1 III Disabled individuals requiring special accommodations please call(,12)542-s'i 7 i AKIZIKNA DErAR.I Mr N'1'OF LIQUOR LICENSES&CONTROL ri'.t f.'Yr� f �r 800 W Washington 5th Floor '' Phoenix AZ 85007-2 *a, �+� ucs W Congress#150 (602)542-5141 Tucson AZ 85701-1352 L QUESTIONNAIRE 934 (520)628-6595 SOCIAL SECURITY AND BIRTHDATE l.NFO �#RMATION IS 'CONFIDENTIAL BY LAW AND CANNOT BE DISSEMI thisNA1W�O ,BLIC Read Carefully instrument is a sworn document. Type or 1 yP p • ' black ink 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, O1-1-10ER OR MANAGER ALSO EA COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERP CH PERSON DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE . THE D G MUST BE APPROVED BY THE DEPARTMENT OF LIQUOR DOES NOT PROVIDE THIS SERVICE. EPARTNIENT There is a$24.00 processing fee for each fingerprint card submitted. - O)j A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) r ✓ l 1. Check ['Owner❑Partner['Stockholder❑Member❑Officer 0 Agent appropriate ❑Other ❑ Manager(Only) (Complete Questions 1-20&24) (Complete All Questions ex__cept#14,14a&25) box ---1010- Licensee or Agent must complete#25 for a Manager Licensee or Agent must complete#25 2. Name: x}-1►`1 E Last First Date of Birth: °-- I , Middle (This Will Not Become a Part of Public Records) 3.Social Security Number: Ole—e— a,V— '2 43 1r Drivers License#: /',,, c 7 7 6. State: (This Will N9t Become a Part of Public Records) 4.Place of Birth: , ,, f Ir Cit 5 / -+ Height: C �Weight:� Eyes Hair: Country S. Marital Status ❑Single NMarried❑Divorced ❑Widowed Residence(Home)Phone:( 'e) _e) 6. Name of Current or Most Recent Spouse: P/.Uk:T- /97 /g 05((g— (Lis.all for last 5 years-Use additional sheet if necessary) Last /44, Date of Birth: 7" + / First Middle Maiden 7. are a bona fide resident of what state? it i Z.a A7 If Arizona,date of residency: / 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three �MI sra-7- ��-- (3)months,submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: /Qi�1 �� - �''o lq)477—SW Premises Phone:( �i' S(.3) �,�f 5.- .5-7? 11.Licensed Premises Address:C )L�l /1). 21 ifi Brae,$ Liquor License#._ D i� )e," Street Address (Do not use PO 11ity Count Zip 12.List your employment or e of business during the past five 5)years,if unemployed art of the time,list (If this location is currently licensed) FROM TO P those dates. List most recent 1st. t �± DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) /i CURRENT . P a-p--1-1 E-4 14 9'3e) 44,541e-S a..0 IAi>J 14 , . -- 4q' ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five(5)years: FROM • TO RESIDENCE Mon Month/Year Street Address City State *xi CURRENT Zip —Atte LIC 0101 11r2000 Disabled individuals requiring eq ring special accommodations please call(602)542-9027 cy , 73 45 ' C Az LIQ LW PHOf iLE 0 S c 9 7 CG) 7 GO OSC- 39 / yfi)s rife i-) hz-7.-1-7D /77 (kw AKJLUIVA DL;PAK'1Mk:N'1'Ole LIQUOR LICENSES&CONTROL • 800 W Washington 5th Floor `—' ) �C Phoenix AZ 85007-2934 ""• +` 400 W Con ess#150 0 Tucson AZ 85701-1352 QUESTIONNAIRE (520)628-6595 SOCIAL SECURITY AND BIRTHDAY AZ INFORMATION !S CONFIDENTlA L. AND CANNOT BE DISSEMINATEDL BY LAW Read Carefully,this instrument is a sworn H document. Type or print with blac ink An extensive investigation of your background will be conducted. False or incomplete in criminal prosecution and the denial or subsequent revocation f a licse or perms could result TO BE COMPLETED BY EACH 0 permit. COMPLETING CO THIS FORM MUST SUBMIT AN p, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER,DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING OFFICER OR MANAGER. ALSO EACH PERSON TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING DOES NOT PROVIDE THIS SERVICE. RINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. T MUST BE There is a$24 00 Drocessin fee for each firlgernrint cardDEPARTMENT i D I ? ,s---ica A service fee of$25.00 will be charged for all dishonored checks(A.R.S 44.6852)submitted. r'� 1. Check DOwner❑partner[]Stockholder appropriate ❑Other Member❑Officer 0 Agent box (Complete Questions 1-20&24) Manager(Only) —"'�' Licensee or Arent must coin I fete#25 for a Man (Complete All Questions except#14,14a a_er Licensee or A `�5 � ---r _ent must coin�lete#25 2. Name: � ..v ( ( CC Fl ►kD r, ' Last First l/V FirstDate of Birth: 3.Social Security Number: - - -- Middle (This W_____that Become a Part of Records) Public Recor (This WJj_.1 Not Become a Part of Public Records) License#: , �-�j _ State: 65-a-6 4.Place of Birth: 4 i �/ City stare GV a k[/_ ,l t t"iu Height:__�___ Weight: 0 E es: R L Country 5. Marital Status []Single 0 Married ❑Divorced 0 Widowed Residence H ��v�, 6. Name of Current or Most Recent Spouse: !� `7�,,v �) {Home)Phone:(�' ,� � _S J�J-{ �..- lA- (List all for last S years-Use additional sheet if necessary) Last G�" (a 1 et, T� 1 Maiden o Pc'(� First Date of Birth: 9 .____/&___1_ Middle Maiden 7.(kraare a bona fide resident of what state?________Ii _ l T If Arizona,date of residency:_Via__ 8 Telephone number to contactyou domino p g business hours for any questions regarding this document. ��,, 9. If you have been a resident less than three(3)months,submit a copy of driver (��r�s U) � -�_� �t� 's license or voter registration card. 10. Name of Licensed Premises: (� I ,,f t^c t 0 AA/ 'r`f U°5 r� 11.Licensed Premises Address: ��,'. Premises Phone: ( `c�0 j 79 3`$' Street Address not use PO Box#) C; NI' es 4 Liquor License# Q l�.List our em�to sent or pe of business ress(Do• City County Zip (If this_ the last five(5) ears,if unem,to ed .art of the time,list those dates. Li is currently licensed) FROM TO DESCRIBE POSITION List most recent 1st Month/Y Month/Year OR BUSINESS EMPLOYER'S NAME;OR NAME t7F B JsTNFcc i7 69 CURRENT Give street address,city,state&zip) �,j -" • rallingenin IIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIMMMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION T 3. Indicate our residence address for the last five(5) ears: LFROM TO Month/Year Month/Year RESIDENCE MN CURRENT Address 1 CURRENT ______L__ mil 1111111 IT 1 1 1 i l I Disabled individuals r ui - e4 �►g special accommodations please call(eI 2)542-' 27 AZ LW LW HKIGVIVA1Jryyi{11V1C1Vi lit LIVUVKL1Lr,1VJL3 cX l V!V1KVL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542 5141 .*„ `; 400 W Congress#15 0 Tucson AZ 85701-1352 QUESTIONNAIRE 4? . (520)628-6595 SOCIAL SECURITY AND BIRTHDA TE INFORMA ION IS CONFIDENTIAL (bie AND CANNOT BE DISSEMINATE BY LAW Read Carefully,this instrument is a sworn 'f T ' B 1C An extensive investigation of your background will be conducted.nt. Type or print with ack ink in criminal prosecution and the denial or subsequent revocation�or incomplete answers could result TO BE COMPLETED BY EACH 0 9 of a license or permit. COMPLETING WNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, 0FrHCER OR MANAGER THIS FORM MUST SUBMIT AN°APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING ALSO EACH PERSON DOES NOT PROVIDE THIS SERVICE RINTING SERVICE APPROVED BY THE DEPARTMENT OF LQUO� TING MUST BE There is a 24.00 rocessin fee for each fine Tint card submitted. �DEPARTMENT a ._,s)6, et,, A service fee of$25.00 tivill be charged for all dishonored checks(A.R S.44.6852) / 1.Check (b DOwner EPartner❑Stockholder appropriate ❑Other ❑Member❑Ofcer�_/ Agent (Complete Questions 1-20&24 0 Manager(Only) 1 &2 box — . Licensee or A rent must corn i le#e#25 for a M ) (Complete All Questions excel# 4 14a ana=er Licensee or A_ent must coin Mete# 55) 2. Name: I.i .40 AL ,_. Last First Date of Birth:_, Middle `�" ��• f��� 3.SocialSecurity Number: �— ._ � i� (This lit t Become a Part of Public Records) Drivers License#: - (This W-llW t Become a Part of Public Records) ? R�,� State: 4.Place of Birth: 2 ' r' IfHeight: e Weight:- Eyes: Hair: 6____4_ City State Country 5. Marital Status [1]Single ►;� Married❑Divorced ❑Widowed Residence(Home)Phone: ( t��' j9 6. Name of Current or Most Recent Spouse: � ----- � z (List all for last 5 years-Use additional sheet if necessary) Last i First dle ;/d( n Date of Birth: , � Middle Maiden 7• are a bona fide resident of what state? i f3- If Arizona,date of residency:________r3 '' 8 Telephone number to contact you during business hours for any questions regarding 9. If you have been a resident less than three(3)months,submit a copy of driver's this document. (AIL)) �' _ ���� license or voter registration card. 10. Name of Licensed Premises: f M - P IC 6114/ IL 6` �t/j^�\� Premises Phone:( 8'_-6 9r 11.Licensed Premises Address: i"..if 4,,, ., ,. :-r r /iv r�S � ,1 6cP F Street Address (Do not use PO Box#) � Liquor License# � " !.�'� G� 12.List our em.lo City County Zip ent or pe of business durin• the oast five(5) ears,if unem,lo ed 'art of the time,list those da location is currently licensed) FROM TO DESCRIBE POSITION ose dates. List most recent Month/Year Mon 'ear OR BUSINESS EMPLOYER'S NAME OR 1st. VA.ME OF mist ce 4 /' CURRENT (Give street address,city,state&zip) .� _ , 5if7- ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 3. Indicate our residence address for the last five(5) ears: FROM ' TO Mord/Year Month/Year RESIDENCE Street Address I *-3 'O CURRENT /7 meg-268 imminimmimiiii..............m...........mino-,z_ mai 1 1 1 1 1 1Wilill_______.................M11111.Miii Disabled individuals requiring s Pecial accommodations please call(,,+12)542- 027 SECTION 7 Corporation/Limited Liability Co.: 4Z Li EACH PERSON LISTED MUST SUBMITA COMPLETED FORM"LICO 101",AN"APPLICANT"TYPE FINGERPRINT jj C�R�,AND$24 FEE FOR EACH CARD. (60 0 CORPORATION Complete questions 1, 8 2,3,5,6, 7, ❑ L.L.C. h�' I I12 Complete questions 1,2,4,S,6, 7 and attach copy o. A%l/s f I, 1. Name of Corporation/L.L.C.: '-'and Operation Agreement. (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: State where Incorporated/Organized: 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C.File No: Date authorized to do business in AZ: S. Is Corp./L.L.C.non-profit? ❑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 Ci State Zi (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address Ci State Zi. % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disc entity. Attach additional sheets as necessary in order to disclose real people. losure for the parent SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LICO1O 1 AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH 1. Name of Club: � CARD. M I i C#N �.6 6 r D, Re,S 7 - Date Chartered: (Exactly as it appears on Club Charter) 2. Is club non-profit? YES ❑NO If yes, (Attach a y°f Club Charter) give IRS tax exempt number: 8C -- G O 3 3 /6 3. List officer and directors: Last First Middle Title Residence Address City State Zip /7o53 Gabt,k p.r4 eop k 90,4;r0 Mei/A 1>T) 9--ir/l/WicW-AvS 4 • ektio vO1,70 3 l �`sa Y� •ter 7(770,44P-6tiq v—PA t �✓. {r�G�S �7 ..., (/ E o r r- rQ . . 6. (ATTACH ADDITIONAL SHEET IF NECESSARY) ©o r �� f` 3 SECTION 12 Location to Location Transfer: (Bars and Liquor q Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE', - L! . Lw L1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: `7 oZ 0 ft. Name/Address of school: re, ei (Regardless of distance) 4��S CM 7330 F A R v ei S. FT '!G- . 2. Distance to nearest church: L�� ft. Name/Address of church: (Regardless of distance) ���' ® �- S�Div Sao�/c511 3 Tam the: ,LESSEE 0 SUBLESSEE 0 OWNER El PURCHASER(of premises) r ktheprenises is leased give lessors name and address: �U e G S r7d -e / D ti,v-- rrt/ /1.4-S c`j" 4a. Monthly rental/lease rate$--` Q — . What is the remaining length of the lease? O ?4'✓t/yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ ,v.'•v E 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 ❑NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address Ci r 0 t 4/ / � ��/ / ` State Zi (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) 4'#'1 tr p tC/4 N 6 (CAV (, o a 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one 0 YES KNO If yes,attach explanation. (1)year? S. ` 'any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? ❑ YESMNO 9. Is e premises currently licensed with a liquor license? ❑YES .'NO If yes,give license number and licensee's name: License# (Exactly as it appears on license)Name 5 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PR OVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches,schools,and spirituous liquor outlets1' L I ..I C 9 within a one half mile radius of your proposed location. L.i. . 5flAS GiZ`'e b0 3. H��� - , ., NT 4. Nl/3Mi? �ULFi, 6) CZ el 8. Fa y.Av i/9 t,t- l �� l - r<, loC `?rtram - 4PRA..klitEuig ' - 44 11. 0 R d (- jl- ,4+ GI%3i' l ')-,. i 12. 13. 14. 0 15. ATTACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: M ,declare that: 1)I am the APPLICANT (Printname of APPLICANT/AGENT listed in Section 4 Question 1) (Agent/Club Member/Partner),making this application;2)I have read the application and the contents and all statements are true,correct and com 1 authori re p ete, 3)that this application is not being made to defraud or injure any creditor,taxis g ty, gulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated, as an interest in the spirituous liquor license for which these statements are made; an members,o cers,directors or stockholders listed have been convicted of a felonyin the fived 5) that none of the owners,partners, past (5)years. X - State of_i fi W County of Coun �� +- / (Signature) The foregoing instrument was acknowledged before me this g �-ti "OFFICIAL SEAL" day of r � Virginia LaPenta Day of Month tiT 1,•,1 Year My commission expires on: q PAR" Notary Public-Arizona , /► /' )W--,t-24--,e_, W"" My Commission Expires 12/11/2001 � (YAP!,-of NOTARY PUBLIC) ` . . . ^ ~ ~ = . ' � ~ �mw~ Fountain Hills Memorandum L To: Cassie Hansen / From: Steve Gendler Date: 5/29/2001 Re: Liquor License—Extension of Premises—Grapeables The purpose of this memorandum is to endorse the attached request for an extension of premises permit submitted by James Myczek on behalf of Grapeables Fine Wines. The application is for two single day events, Saturday, June 23`d and Wednesday, July 4th. It is my understanding that this request is scheduled for consideration by the Council at their meeting of June 7th. Investigative Facts: Grapeables, located in Plaza Fountainside at 12645 Saguaro, is owned by James Myczek and his wife Carol,therefore, Mr. Myczek has legal standing as an applicant. Grapables has a valid class 7 liquor license, #07070878, in place at the facility. A review of Marshals Department records shows that the Council approved the original license on August 3,2000. Since that time there have been no violations,complaints,or liquor related incidents. A Class 7 license allows on premise sale of beer and wine. Under the provisions of ARS 4-207.01 as well as liquor regulation R19-1-233, an extension of premises may be allowed if three conditions are met: 1 provisionsof that license;. There is a valid license at the location and the request meets the , 2. There is a plan to control access;and, 3. There is a written application that includes a diagram. A review of the Grapeables application indicates that all of these conditions are being met. In addition, an interview with the applicant indicated that he is fully aware of the requirement to restrict beer and wine to the actual premises and extension area.This will be particularly important on the July 4th date since we anticipate significant crowds in Fountain Park. Mr. Myczek has indicated that he intends to use barricades and station an employee at the extension to ensure compliance. Findings and Planned Actions:The extension of premises request is a permitted application under the provisions of a class 7 liquor license. Grapeables has a valid liquor license in place and no record of complaints or violations to date. However, since the back deck opens onto Fountain Park, and is shared with adjacent businesses,the Marshals Department reserves the right to do unannounced, overt inspections of the access control provisions planned by Mr. Myczek.We have some concern that the barricades are easily moved if not closely watched and that alcoholic beverages might be taken into the park. Recommendation: Based on compliance with the liquor license requirements, as well as the provisions of ARS 4-207.01, I recommend approval of the Grapeables extension of premises request submitted by Mr.James Myczek. L ARIZONA DEPARTMENT OF LIQUOR LigateSra-f5CONTROL ,,,1 ir,`r`r �`� .' 400 W Congress#150 800 W Washington 5th Floor � � ! toy 2 5 2001 Phoenix AZ 85007 y , �N HILLS im Tucson AZ 85701 L 602 542-5141 ►n ' TOWN CLERK (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT 0 Permanent change of area of service Temporary change for date(s)of: :Cu- 0 E L/1V01 `t' L 7 M,}d."'e C 1. Owner or Agent's Name: rn y r.Z I.< If)wtE 5 Last First Middle 2. Mailing Address: /7/io' 'I-(N• 5 71 q A -n f-oct brig irii I/11.L 5 fl z SS—z 6 8 City State Tip ?RAP5ABLEs F1 N� GOI ,t�s 3. Business Name: LICENSE#:O1 0/O g 7 8 4. Business Address: /Y(o L( Ai s£4 o ci 4 R c, FCO L4 A/TA i N t4( -Ls /Y1,9R1 c PA 4 2, BS5z 6 t° City COUNTY State Zip 5. Business Phone:( 9 c3t) ) 8/ ( - S 9 s c Residence Phone:( (-4 SO ) g f lv 4 9 3—i 6. Are you familiar with Arizona Liquor Laws and Regulations? tirYES 0 NO 7. What security precautions will be taken to prevent liquor violations in the extended area? 04 RZ(;ic 4cv L C. 14 E i N P(9c lift)), Al cp-RSoA) a)/L,L BE f) 4c rh c /kc-0 7Z MA;, ;/0 P6-6 u 4)97'fleAl s 8. Does this extension bring your premises within 300 feet of a church or school? ❑ YES XNO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for eir recommendation. hange in pre , s is RECOMIVIF., TDED by the local Board of Supervisors,City Council or Designate: c r ' twr,. Cou r c.Z.. (Authorized S' ) (Title) (Agency) I, ,being first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof and all statements contained therein are true,correct and complete. X SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature of Owner or Agent) this day of , 19 My commission expires on: (Signature of NOTARY PUBLIC) Livestigation Recommendation: Date: / / Licensing Approval: Date: / / *Disabled individuals requiring special accommodation,please call the Department. LIC105 4197 L � C 6eal�E.tJ� d e a � r i7 ' MEMORANDUM TO: HONORABLE MAYOR AND TOWN COUNCIL ' 14 A111�l 49tillFROM: CASSIE HANSEN,DIRECTOR OF ADMINIST ' I 11,10 -'���� — o • DATE: JUNE 7 2001 1Na t;s RE: CITIZEN COMMITTEE RECOMMENDATION FOR DISTRIBUTION OF LTAF MONIES Agenda Item#11: Citizen Committee Recommendation for Distribution of LTAF Monies The LTAF Review/Selection Citizen Committee met Tuesday,June 5th to share their ideas,reach a consensus, and formulate a recommendation to the Council for the distribution of lottery monies. As you know, pursuant to A.R.S. 28-2603, ten percent of the Local Transportation Assistance Funds (LTAF) which the Town receives can be used for purposes other than transportation including cultural, educational, historical, recreational or scientific facilities programs. An equal cash match, from non-public monies, must be obtained from grant recipients. Resolution 2001-27 that appears on the consent agenda gives the Council the authority to award these funds for purposes other than transportation. The Committee reviewed five applications that represented requests totaling $15,700. Since the amount available for distribution this year was $11,000,the Committee recognized that some,if not all the requests, would need to be reduced. Their rating mechanisms were similar to those used in the past and included: • Consideration of past awards and funding histories of each group. • Other sources of income and ability to raise funds. • Number of citizens/participants being served by the project/event. • Appropriateness of the request for the projected project. • Number of events—is it a one time,repeated or ongoing event. • Additional Town funding such as Community Benefit money. As consensus was reached, they noted that all but one award, the Community Theater, directly benefited or focused on the youth of the community. All members were extremely supportive of any youth related programs and projects but they felt that the Theater was a significant benefit to all ages in the community. Three of the five requests were reduced equally by$1,000 each. While the Golden Eagle Foundation reduction was larger, $1,700, their one request contained three separate requests and the Committee felt comfortable funding two of the three at $3,000. The Committee Lfelt that all applications met the statutory requirements and satisfied the format. 2000-2001 LTAF Distribution Page 1 of 2 Attached is a summary chart that shows all of the applications received, the proposed projects, the amounts requested and the Committee's recommendation for award. Also included is a short summary of the Committee's rationale for the recommended award. The citizen committee consisted of: Wally Nichols Lee Robinson Millie Russell Joyce Szeliga All members were diligent in thoroughly reading and evaluating the application materials. It was evident that they took their charge seriously and put alot of time and effort in making their recommendations. At the meeting there was a willingness to listen and share ideas in order to award funds where they would do the most good. The Committee is aware that their recommendation is just that, a recommendation that the Council can change or modify as they see fit. If you have any questions, please feel free to contact me. I'm sure the Committee members would be more than happy to answer any questions you may have for them. Full sets of the applications were not re-produced for the packets. If you would like to see more than the summary sheet material, please let me know. The full set of applications is available for review in my office or we would be happy to make you a complete set upon request. (111' 2000-2001 LTAF Distribution Page 2 of 2 APPLICATIONS TO THE TOWN OF FOUNTAIN HILLS FOR LTAF MONIES—2000/2001 SUMMARY OF REQUESTS lbw ORGANIZATION REQUEST/AWARD CATTLEGUARD COMMUNITY ALLIANCE $1,000/$1,000 *Primary Function/Purpose in Community: The committee viewed -To provide education,prevention and early intervention in substance abuse in the this request very communities of Fort McDowell and Fountain Hills. favorably and supported *Previous Projects: the BUDS program that -BUDS program for 4th and 5th graders in conjunction with Boys and Girls Club; has a proven track record. funded a community drug testing program;purchase videos for use by the They felt that a Marshal's office;annual contributions to Project Graduation;annual Fort significant number of McDowell Family Fun Day;purchase quilts and music cassettes for at-risk mothers students were benefited and babies;provide training in special programs for board members,police officers since the proram is for and members of the Boys and Girls Club. h *Projected Project Requesting Funding: both and 5` grades. -$1,000 for the BUDS program(Building Unique Development Skills)for 4th and 5th graders,a"Best Practice"program developed by the Boys and Girls Club. *Matching funds available. FOUNTAIN HILLS GIRL SCOUTS $2,000/$1,000 *Primary Function/Purpose in Community: It was felt that scouts -To provide a morally rich program for young girls to grow and mature through have traditionally scouting activities;to develop a sense of their own self worth,to achieve their full purchased their own potential and to prepare for the realities of a changing world. books and that could kale Previous Projects: • -Supported other clubs like the Women's Club and their involvement with Autumn continue. There was . House for battered women; assisted with their baby shower for St.Dominics; strong support for the participated in the Adopt-A-Street program;provided a seat safety program for start up costs and flags. younger children; support the Town's parade;painted trash cans for the park;help The$1,000 award still clean up efforts after events;helped with the Halloween Carnival. includes sufficient funds to assist scouts who can't program. afford books to purchase *Projected Project Requiring Funding: them. -Funds would be used for start up costs for 4 to 6 new troops;new books for the new Junior level programs for 1st and 2nd year Junior troops;4 new flags,poles and stands. *Matching funds available. FOUNTAIN HILLS ARTS COUNCIL $3,000/$2,000 *Primary Function/Purpose in Community: The committee supported -To enhance the quality of life in the Fountain Hills area by developing, supporting the efforts to broaden this and promoting the visual,performing and literary arts. project to honor,promote j *Previous Projects: and celebrate all F.H. -Receptions;annual juried art show; sister city photos;holiday lighting;adult youth as opposed to one artist's workshop;monthly publications; sister city young artist competition; or two individuals. Since established percent for public art at new community center;created resource all but one request was directory;fund raising for the Teen Angel Garden;annual arts day. reduced, the committee *Projected Project Requiring Funding: was comfortable with -To partially fund the Teen Angel Garden project,honoring FH teens,promote seat reducing the belt safety,promote and celebrate FH youth. recommendation to *Matching funds available. $2,000. GOLDEN EAGLE FOUNDATION FOR FOUR PEAKS AND MIDDLE SCHOOLS $4,700/$3,000 *Primary Function/Purpose in Community: -Foundation was established to enhance and enrich the educational experience of The committee was most students by funding educational opportunities and techniques that are beyond the supportive of funding the scope of the state-controlled school budget and to provide scholarships for subscription to the online graduates of the Fountain Hills High School. database in the amount of $1,500 and felt it would *Previous Projects: -Since 1993,provided funds for adult education,scholarships,vo-tech project, benefit a large number of midnight madness,science-by-mail program,parenting, stock market competition, users. They also integrated learning unit program,read across America program,McDowell supported partial funding Mountain—six traits rubric to improve writing skills,Life Club special needs club for the roll down maps in for kids in the Middle and High Schools,library subscription for the EBSCO the amount of$1,500 but database for the Middle and High School library. felt the schools could *Projected Projects Requiring Funding: fund part of the cost. The -Funds would provide half the funding($1,500)for a library subscription to an reduction was made to the online database allowing students to access accurate resources via the internet;half science workshops based the funding of 3 science workshops($1,200);half the funds for 8 sets of roll down on the number of students benefited. maps($2,000). *Matching funds available through the Golden Eagle Foundation and Sunridge. FOUNTAIN HILLS COMMUNITY THEATER $5,000/$4,000 *Primary Function/Purpose in Community: The committee felt that -To provide the community with quality theatrical productions,performances and develop additional education and children's performance opportunities. all other awards were for the youth of the *Previous Projects: -Used theater building to provide workshops,summer camps and children's theater;(tly community and that the continued to provide community with quality theatrical productions;provided Theater serves all ages in entertainment,speakers for service and civic organizations;participated in many the community. There was unanimous support and varied community projects and activities;assisted churches and organizations for an award of$4,000. with costumes,lights,sound, sets and expertise. *Projected Project Requesting Funding: -$5000 to ensure the continuation and expansion of the varied programs offered. *Matching funds available. TOTAL FUNDS REQUESTED/RECOMMENDED AWARD $15,700/$11,000 L LTAF Request Summary FY 00/01 Page 2 of 2 i Interoffice Memo ,.,.,_., ,,5 „.„,..„,,, ,, , _ , ,.,,,,,„ , To: HONORABLE MAYOR AND TOWN COUNCIL cp) From: CASSIE HANSEN, DIRECTOR OF ADMINIS RA ON Date: 05/30/01 Re: AGENDA ITEM #5— LTAF RESOLUTION AUTHORIZING USE OF FUNDS AGENDA ITEM #) RECOMMENDATION FOR LTAF DISTRIBUTION AGENDA ITEM #5 — RESOLUTION 2001-27 AUTHORIZING ALTERNATIVE USES FOR LTAF MONIES: Resolut'• ". ! -'; a legislative action authorizing the use of Local Transportation Assistance Since 1990, the Town Council has authorized ten Fund � ` �fp {�ir,®s- : than transportation. p ✓ . z- o 4 o ; received by the Town to be used for cultural, educational, historical, . . . .A _o ci tific,pr• '° .proval of this resolution provides the authority the Council will use 4,:,,,,,,x,_k daa item #i ft&when°ac# w . i WI en on the citizen committee's recommendation for distribution of finds. This ,finding ;mecs _as provided financial assistance for many groups and programs in IV F twin Hills, benefiting , e entire c,mmunity. Staff recommends approval of Resolution 2001- 2 �" u gt A e ' " '-•- ',E . MMENDATION FOR LTAF DISTRIBUTION: j,,, Ir.''k urcuuro i 4t6 iii/'' o"-77- ww „�the delay in the state rea hin the $23 million mark, the LTAF distribution is later than usual. The ilf 'ze i committee is scheduled to t Tuesday, June 5 at 4:00 p.m. to discuss the applications and � kaon ecomme da o e Council to consider at the June 7 meeting. I will prepare a staff f u�' � P P rep o thZitrtsoheOd • ollowing Tuesday's meeting and distribute the materials prior to the Councilt g This 0 ncludes a summary of the five requests totaling $15,700. The LTAF money available for cant)-do totals $11,000. If you have any questions, please do not hesitate to call. L Page 1 of 1 June 7,2001 Agenda Items Last printed 05/30/01 1:40 PM 05/30/01 RESOLUTION NO. 2001-27 (III1w A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, AUTHORIZING THE TOWN,PURSUANT TO A.R.S. 28-2603, TO USE UP TO TEN PERCENT OF LOCAL TRANSPORTATION ASSISTANCE FUND MONIES FOR ALL USES AS ALLOWED BY LAW. WHEREAS, the Thirty-Fifth Legislature, second special session of 1981, established a Local Transportation Assistance Fund from the proceeds of the Arizona State Lottery;and WHEREAS, the Forty-Second Legislature, second regular session of 1996, amended Title 28, Transportation,removing the requirement that cities and towns apply to the department of transportation for local transportation assistance fund(LTAF)monies each year;and WHEREAS, A.R.S. 28-2603, still in full force and effect, states that a city or town may authorize by resolution the use of up to ten percent of local transportation assistance fund monies received in any one fiscal year for cultural, educational, historical, recreational or scientific facilities or programs or for nonresidential outpatient programs or services for developmentally disabled persons as defined by A.R.S. 36-551 who have never resided within a facility identified in or established pursuant to A.R.S. 36-558 if the monies are matched equally by nonpublic monies received by the city or town and expended for the same purposes, except in a fiscal year when the total distributed from the local transportation assistance fund is less than twenty-three million dollars; and LWHEREAS, funds received by the Town of Fountain Hills are to be used for the following purposes: ALL USES AS ALLOWED BY LAW. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, THAT the Town of Fountain Hills has declared intent, as authorized by A.R.S. 28-2603, to use ten percent of local transportation assistance fund monies in any one year for purposes other than transportation. PASSED this 7th day of June 2001 by the Mayor and Council of the Town of Fountain Hills, Arizona. REV D BY: / ' , 0/ "1 /c://6..t„,..........j 4 aul L. ordin,Town Manager Sharon Morgan, ayor ATTEST: APPROVED AS TO FORM: e.,,,,,,..„..r-0, „, e,..A.„- , (...w Cassie Hansen,Director of Administration/Town Clerk William E.Farrell,Town Attorney APPLICATIONS TO THE TOWN OF FOUNTAIN HILLS FOR LTAF MONIES-2000/2001 SUMMARY OF REQUESTS ORGANIZATION REQUEST/AWARD CATTLEGUARD COMMUNITY ALLIANCE $1,000/ *Primary Function/Purpose in Community: -To provide education,prevention and early intervention in substance abuse in the communities of Fort McDowell and Fountain Hills. *Previous Projects: -BUDS program for 4th and 5th graders in conjunction with Boys and Girls Club; funded a community drug testing program;purchase videos for use by the Marshal's office;annual contributions to Project Graduation;annual Fort McDowell Family Fun Day;purchase quilts and music cassettes for at-risk mothers and babies;provide training in special programs for board members,police officers and members of the Boys and Girls Club. *Projected Project Requesting Funding: -$1,000 for the BUDS program(Building Unique Development Skills)for 4th and 5th graders,a"Best Practice"program developed by the Boys and Girls Club. *Matching funds available. FOUNTAIN HILLS GIRL SCOUT $2,000/ *Primary Function/Purpose in Community: -To provide a morally rich program for young girls to grow and mature through scouting activities;to develop a sense of their own self worth,to achieve their full potential and to prepare for the realities of a changing world. ç`Previous Projects: -Supported other clubs like the Women's Club and their involvement with Autumn House for battered women;assisted with their baby shower for St.Dominics; participated in the Adopt-A-Street program;provided a seat safety program for younger children; support the Town's parade;painted trash cans for the park;help clean up efforts after events;helped with the Halloween Carnival. program. *Projected Project Requiring Funding: -Funds would be used for start up costs for 4 to 6 new troops;new books for the new Junior level programs for 1st and 2nd year Junior troops;4 new flags,poles and stands. *Matching funds available. FOUNTAIN HILLS ARTS COUNCIL $3,000/ *Primary Function/Purpose in Community: -To enhance the quality of life in the Fountain Hills area by developing, supporting and promoting the visual,performing and literary arts. *Previous Projects: -Receptions;annual juried art show; sister city photos;holiday lighting; adult artist's workshop;monthly publications; sister city young artist competition; established percent for public art at new community center;created resource directory;fund raising for the Teen Angel Garden; annual arts day. *Projected Project Requiring Funding: -To partially fund the Teen Angel Garden project,honoring FH teens,promote seat kirbelt safety,promote and celebrate FH youth. *Matching funds available. GOLDEN EAGLE FOUNDATION FOR FOUR PEAKS AND MIDDLE SCHOOLS $4,700/ *Primary Function/Purpose in Community: -Foundation was established to enhance and enrich the educational experience of students by funding educational opportunities and techniques that are beyond the scope of the state-controlled school budget and to provide scholarships for graduates of the Fountain Hills High School. *Previous Projects: -Since 1993,provided funds for adult education, scholarships,vo-tech project, midnight madness, science-by-mail program,parenting, stock market competition, integrated learning unit program,read across America program,McDowell Mountain—six traits rubric to improve writing skills,Life Club special needs club for kids in the Middle and High Schools,library subscription for the EBSCO database for the Middle and High School library. *Projected Projects Requiring Funding: -Funds would provide half the funding($1,500)for a library subscription to an online database allowing students to access accurate resources via the internet;half the funding of 3 science workshops($1,200);half the funds for 8 sets of roll down maps($2,000). *Matching funds available through the Golden Eagle Foundation and Sunridge. FOUNTAIN HILLS COMMUNITY THEATER $5,000/ *Primary Function/Purpose in Community: -To provide the community with quality theatrical productions,performances and develop additional education and children's performance opportunities. *Previous Projects: -Used theater building to provide workshops, summer camps and children's theater; continued to provide community with quality theatrical productions;provided entertainment,speakers for service and civic organizations;participated in many and varied community projects and activities;assisted churches and organizations with costumes,lights,sound, sets and expertise. *Projected Project Requesting Funding: -$5000 to ensure the continuation and expansion of the varied programs offered. *Matching funds available. TOTAL FUNDS REQUESTED/RECOMMENDED AWARD $15,700/$11,000 L LTAF Request Summary FY 00/01 Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin, Town Manager FROM: Jesse Drake, Senior Planner J r DATE: June 1, 2001 SUBJECT: Consider the Preliminary Plat and Final Plat for "The RTW Office Condominiums", a twelve-unit condominium project. This request for consideration of the Preliminary Plat and Final Plat for "The RTW Office Condominiums", there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Nicole Roberts, Sonoran Hills Development, L.L.C.which would condominiumize a twelve-unit office building located at 13215 N, Verde River Drive, aka Lot 1, Final Plat 208-B. Please refer to the attached Staff report for additional details regarding this request. 4 1 f.., ...__..... ...... n. it 1 Q a lagi _, -,3 qi g ‘ = "4"— 2 11411411? O Qi— �t it yKei! I yi10. 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E r--..- a (Ow co —al—._.................__, v I I I U 1 1 L.___ ____ Ilk___J Eli . li I In PAW a 1111k .11 J a . o ' • J LL 1 Vill iiii I I I 1 1 1 1 R I 1-—� a m —————- -� 1 a il, C p 1 ! kWe TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: May 31, 2001 SUBJECT: S2000-037; Consideration of the Preliminary Plat for "Parcel 12" This is a request subdivide the existing unplatted commercially zoned parcel located at the Southeast intersection of El Lago and Saguaro Boulevards. The existing Zoning for the site is "TCC" Town Center Commercial Zoning District. The applicant is proposing to dedicate approximately 10' of Right of Way along both the Saguaro and El Lago Boulevard frontages, and provide landscaping and sidewalks along all street frontages. Staff has found the proposed final plat is in conformance with the Town of Fountain Hills Zoning & Subdivision Ordinances. The Planning & Zoning Commission and staff recommend approval of this preliminary plat application. If you have any questions I can be reached at 816-5138. L size and dimensions. Hillside disturbance regulations of the Subdivision Ordinance are being met by the preservation of the shaded areas on the preliminary plat. That land, as shown as Tract "A", will be dedicated to the Lakeside Homeowners Association for maintenance purposes. Tract "B" Lwill be a drainage and public utility tract, as it currently has active sewer lines and maintains a large amount of drainage from Fountain Park. The Tract "C" location currently houses a Chaparral City Water Company well site and is proposed to be a public utility tract. This subdivision meets all the requirements of the Town of Fountain Hills Subdivision Ordinance if approved with the stipulations staff has requested. On May 24, 2001 the Planning and Zoning Commission recommended approval of this preliminary plat unanimously, with the attached stipulations. RECOMMENDATION: The proposed lot configuration is in compliance with the regulations of The Town of Fountain Hills Zoning and Subdivision Ordinances. The Planning and Zoning commission and Staff recommends approval of"Preliminary Plat Parcel 12"with the following stipulations: Preliminary Plat—Sheet 1 of 1 1. Provide dedication statements for all tracts and parcels, include maintenance responsibilities, Tract"C" has no description on the preliminary plat. Also add all property owners names and info as required on the preliminary plat. 2. Add a statement of dedication to include Right-of Way dedications for Saguaro and El Lago Boulevards on the Final Plat. 3. Note the southwestern access to Lot 3 is for emergency vehicles only. 4. All vehicular non-access easement abandonments and changes from the proposed r ingress/egress locations must be approved by the Town of Fountain Hills, prior to development. 5. Submit complete offsite and onsite improvement plans encompassing all work show on the Preliminary plat. Provide full landscape, sidewalk and irrigation plans, include all revegetated cut and fill slopes in the landscape plan prior to Final Plat approval. A construction assurance and warranty bond and participation agreement will be required prior to final plat approval. 6. Show proposed water meter sizes and locations. 7. Modify General Notes #5 and 6 as shown. 8. All water meters and sewer laterals shall be constructed with the final plat improvements. 9. The proposed driveway locations will be approved by the Town Engineer and Traffic Engineering Analyst for compliance to MCDOT and ADOT standards prior to final plat recordation. 10. Revise the Saguaro Blvd, El Lago Blvd and Kiwanis Drive cross-sections to accurately exhibit all right-of-way limits, street lanes, easements, sidewalks, etc. 11. Key Note #1 should be deleted. 12. Provide a modified 5' wide sidewalk utilizing the headwall width at the El Lago box culvert. Remove the existing wood railing and provide a new standard railing approved by the Town Engineer. 13. Revegetate any new or existing scarred fountain channel areas per Town landscaping requirements. 14. Add note #9: "Underground signal conduit infrastructure shall be installed at the intersection of Saguaro Blvd and El Lago Blvd". 15. The Lot #3 proposed south driveway located on Kiwanis Drive shall only be for emergency access. Also, the common driveway for Lots 1 and 2 on El Lago Blvd shall only provide emergency access for Lot #2. 16.The applicant will provide an eight (8) foot screen wall around the existing well facility if it is to remain. Drainage Report • Submit a revised final drainage report with the final plat and improvement plans. (kw • Section V A. Kiwanis Drive Improvements 1.Submit the plan views and Kiwanis Drive street profiles supporting the (concept plan review) analysis for the Kiwanis Drive/Fountain Channel grade separations section. 2.Show the existing 100-year flood limit line within Kiwanis Drive and the three cross- sections from the Flood Delineation Study. Show how the resulting water surface elevations are affected on these three sections from the future proposed drainage structures under Kiwanis Drive. Submit with the final drainage report. 3.Provide an additional drainage alternative/analysis reviewing the use of three box culverts but allowing less than or equal to 6" of water to flow over Kiwanis Drive. This would reduce the cost of the project while still allowing the road to be passable and accessible. B. Drainage Exhibit C 1.Provide calcs and details to support the type and sizing of the proposed catch basin on Saguaro Blvd. 2.Check pipe length from manhole 4A to headwall. 3.Complete the key note section — notes #8 and 9. Traffic Report All driveway numbers are referenced in the May 2000 Kimley-Horn traffic report. 1. Per the revised traffic report dated May 2000 (Kimley-Horn &Associates, Inc.), the following items need to be noted and shown on the preliminary plat. . a)Underground signal conduit infrastructure shall be installed at the intersection of r Saguaro Blvd and El Lago Blvd. 2. Assuming that trip assignments/generations are consistent with the actual rather than proposed land use of Lot #5 (general office space), the estimated maximum number of vehicles entering the site at driveway#11 is under the warranted amount for a deceleration lane. Therefore, no deceleration lane should be required. However, if the land use designation for Lot #5 changes, the Town Engineer reserves the right to reevaluate and possibly request a right turn deceleration lane. Fountain Hills Sanitary District! 1) Please have the Engineer verify the property boundary of Lot 4 to match approved legal description. 2) Please Have Engineer verify that the existing block wall on lot 4 is not located within the building setback on Kiwanis Drive. 3) The storm drain located along the southerly boundary of lot 2 cannot be directed onto Lot 4 and out the 30 foot opening into Fountain Channel because of pipe conflicts and congestion. 4) The sewer tie-in for Lot 5b must be directed into a new manhole downstream of the connection shown. (9. • a PAGE 2 OF 2 4°141"441% TOWN OF FOUNTAIN HILLS rv4 COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted By 9-18-00 $700 Plat Name/Number PARCEL 12 Parcel Size Number of Lots 594,558 sq. ft. / 13.65 Acres 5 Number of Tracts ' Zoning 2 C-1 General Plan Land Use Designation MIXED USE Density Requested (Dwelling Units Per Acre) N/A Co-Applicant Day Phone (480) FOUNTAIN HILLS SANITARY DISTRICT 837-9444 Cdrleg841 E. Pepperwood Cr. City ST Zip Fountain Hills AZ 85268 CO-Owner ' FOUNTAIN HILLS SANITARY DISTRICT Day Phone (.480) 837'-9444 Address City ST Zip 16941 E. Pepperwood Cr. 7ountain Hills AZ 85268 Attachments(Please list) PRELIMINARY PLAT, DRAINAGE REPORT, SLOPE ANALYSIS, TITLE REPORT, TRAFFIC STUDY, PHASE I Signature of Owner I HERBY AUTHORIZE (Please Print) Date INFO Engineering Sept. 14, 2000 TO FILE THIS APPLICATION. Subscribed a d sworn before me this /T day of V �}g My Com '. . .. "oy Notary Pu lic ,+ OFFICIAL SEAL "+` LAURA PETERSEN Notary Public-State of Arizona kif's:j:i MARICOPA COUNTY QigI My camm,expires Sept 17,2001 Abe . _ TFH Case Number Fee Schedule Attached i f '•y' itliiiii!dio}1 i1111'ii +I ' i ~ n �i �r Ph l`Its1'�= !,bii i=�h 11r � �i r. ;,.._ 1 _ �^' ii ti h =��,g11oho,J,l i t1ti1 1 ,i 1 ii =._,_; , .� ti CL v Ili �itiiiiilio:'Ilfri n i'I : i .— �'_ I iQ. .al J,r.t�l;t��'�ir�1 'I' '' ' ; t >— _j :!L ti �I: 't1°�'�J''��i�Q�j'� r�#I =�. CC W it �R ';•I! ili, 111 Inntli6 ,� 11 Q� fr U ll ;,i.I. ,ilti �s,lia11.10 '.40111= 111 it li i a. N I'WI ��ili��'}�31i�"IY,r�ll��� '�'' � �1.� � a W �o.1 ! !j=R.1.11 it�figgist.a ���I ,��{ifCC r—i+— Z—,....r— ` WA � � +11 $ Li te a tiiioai 11 \ e" rn4141114 M•t•iitg �l�ass 111 1 iiill / / 1/1-41.NNN' C5si'litr:Ni• Ph"iiiiiiiii ' . .2i 1 ig : r , i b ' IllJ'111 n •"" anorfintl as ,.. q \`k 1 �!i I (/ jJ I t till 1 ~ 7��, to , �Ittli �� ;' ` W - , `I NON g s I 0 u \ \.. \ 1 ..4', .1 in 0. I; > ‘is\sNN, x ! s I �� Y V Irfr.%.�eS-�� c. ' - \V A..X* r\ \c6.,1 .,. ,-- - if!! if*s > ip ,3 ,„ N to i ii ii. q \ „,, ,,,cli.11 M: ,,/ I/ : Hi I \ W ` b ! ib Z ILI II 0000 — % i ,'`, „1rtt ! �,; l 6) o \\\ \ hi pill! p6rn ` ` ,�'. ! a28, CV ��\\;11,), V,. J \\\\ ti t Q< r I— ��.3 �\ l !I;i Ilk 1Q ` �� r O •: t �.Y� \ 5 b R r \ 1 I4� 1; y, b t \1`1 QsiE RED lb m .t 114 ; i. c1.• 1t�1 11 •pII 1 lib' rQ i t`!__-1 i ;�' i O.• ,_ I A\ IEbb VI 41 gl iii fa IT 2 ( us ik B �R VI I;.���...�:r � ""'�' --� I i�fJ =iQ�1 i� r! i� b I ° ill—) \+�\, y q fi glidpiiiplia.col %dirk? :-- I___;.____...!...i..i \ I i b ( (..,1 I-- $•• ♦ • • • It 1 J j I ISIj'� !b �E 'I B IN I!h1rIi'I �.L ._, ,_ yp y - ��D M �s I ,.:,WIZ � iij, !q i � .r yq � ■■4 I �! Ill I 1 ill R1Rb L lig 11 MOM' '�� _ _ ep�i —sty 1 -- 1'`piiagTii ! nitwit, J{ C 11 N d ��islij; J `mac'�\d I � hi � � �6ddJI ii r� f si i'!' i01 ILI s gi i i 1111! i i � � 11 Li �b� ii , ;toll! iv41111111d1 siiE VII ,� . ,t II ; i. viir k l i $ 1 , 1 _ 0 is I .H.,./ !a iiiii 1115 PIPIT!1/11 b b s sPyllit PIi i:1111 f 1 1111 i 4 3� " i I h i i At •....iih !!� TOWN OF FOUNTAIN HILLS (iikay MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: May 31, 2001 SUBJECT: Final replat for " La Loma 4 at Eagle Mountain Condominiums Re-Plat of Unit 81, Building M"", a 1-unit condominium replat. The owners, Barton Homes, has chosen to construct a multi family attached dwelling unit which has minor dimensional changes than the existing condominium plat for this unit. The unit meets all Zoning and Subdivision Ordinances, and is merely a technical "clean- up" for records purposes. 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. L L TOWN OF FOUNTAIN HILLS STAFF REPORT May 24, 2001 CASE NO: S2001-017 LOCATION: 9824 N. Azure Court, nkn Unit 81, Final Plat La Loma 4 at Eagle Mountain Condominiums. REQUEST: Consider the Final Replat for " La Loma 4 at Eagle Mountain Condominiums Re-Plat of Unit 81, Building M", a 1-unit condominium replat. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: Barton Homes-La Loma L.L.C. APPLICANT: Pat Barker EXISTING ZONING: "R-3" EXISTING CONDITION: Built LOT SIZE: 2,300 square feet SUMMARY: Final Replat for Eagle Mountain This request is for approval of the p La Loma 4 at ag e Condominiums Re-Plat of Unit 81, Building M"" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Barton Homes, has chosen to construct a multi family attached dwelling unit which has minor dimensional changes than the existing condominium plat for this unit. The unit meets all Zoning and Subdivision Ordinances, and is merely a technical "clean- up" for records purposes. RECOMMENDATION: Staff recommends approval of S2001-17; Replat for " La Loma 4 at Eagle Mountain Condominiums Re-Plat of Unit 81, Building M " L MAY1i7-01 MON 09:03 AM CARTER & BURGESS FAX NO1 60 263B373 P, 03 MAC 03 2001 13:25 IN ut- r+1-4 n i&-L-' ;144zP FOUNTAIN HILLS / i TOWN O Neto, COMMUNITY DEVELOPMENT DEPARTMENT (ii, . -+',•:.i\ t o i-, c.-.r- ;e .., �" ri 5 , . .0T �r 1 ,.L a. .. , . 1 —, Date Filed , D FeePaid Accepted By a l0° Condominium Name 1, 4L6-h.4- 44 A i- f A-6 (t -'I0 '4c - LLAL 9 ( Condominiu Address ei s'c) c( 4/ . 4 z Legal Description of Lot/Parcel Being Platted l Plat £ q le $ Parcel Size Number of Unite i - Nurnbor of Tracts Zoning General Plan Land Use Designation 4----• Density Requested(Dwelling Units Per Acre) Applicant Day Phone ger4 Sri-0,1 ffo•-,-c s- 1-4 10.� n .t--i! G-. `lam'•Qyer-l9/ 3 L. Address C' ST ' Zip i,cz,l s W. 7 l Jr S 7A-44 r cv s,�.,- 4 2 �'S^d-6`Y -ter__ w Owner Day Phone g4 (o„) /o-,is - 1.4 1-0.-.--4 L. L c. ' V 'D 9`l�'.-(1,13 Address City ST - Zip^ Attachments(Please list) _ SI Owner HI HI ORGY AUTHORIZE(Please Print) Date 21- <rG /7 - gi kGf1<... VO...)4-.L7('IL-.-11,7 , TO RILE THIS APPLICATION. Sub d and sworn before me this. -7(i41/4) day of ) 461 My Co i e 3/,2 No IIc .- Maricopa County. , :J cars McClymoot Expires October 13,2003 r (Seal) i TFH Case Number ._.-.1 LFee Schedule Attached )-0Q '_ I 1 TOWN OF FOUNTAIN MILLS MAY 0 8 2001 OOMMUNI7Y ni'c., Chron 130 ' 1 (11., tp o ' 0 --tp � z Town of FOUNTAIN HILLS a ao ;nni,1 N I Engineering Department �• brio J that is 019sr MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer -� REVIEWED: Randy Harrel, Town Engineer THROUGH: Paul L. Nordin, Town Manager DATE: May 30, 2001 RE: Easement Abandonment 01-11; Resolution 2001-28 11057 N. Pinto Drive Plat 605-C, Block 1, Lot 13 Joseph E. and Judith Ann Giannetti L This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northerly property line of Lot 13, Block 1, Plat 605-C, (11057 N. Pinto Drive) as shown in Exhibit "A". The property owners of Lot 13 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-28. jb att. cc: M/M Giannetti M/M Sabatini M/M Kristoff EA01-11;Plat 605-C,Blk 1,Lot 13(11057 N.Pinto Dr.)Giannetti 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: LEngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 13, BLOCK 1, OF PLAT 605-C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 14, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the northerly property lot line of Plat 605-C, Block 1, Lot 13, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 164 of maps, page 14 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. (kw Resolution 2001-28 Page 1 of 2 PASSED AND ADOPTED this 7th day of June 2001. (Iiiw ATTEST: FOR THE TOWN OF F UNTAIN HILLS (1-1"1"- L15 /LI-f1/44&4----) i&' / /41 Cassie B. Hansen, Town Clerk t6aron Morgan, M yo REVIE D BY: APPROVED AS TO FORM: ' lili.--t..------) 7/7.Awr aul L. N in, T wn Manager William E. Farrell, Town A orney (lbw (ii., Resolution 2001-28 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" L PLAT 605-C BLOCK 1 LOT 13 / \ \ PLAT 605—C \ PARCEL "A" BOOK 164 \ CEREUS WASH -----"' PAGE 14 \ P.U.E. & D.E. LOT 15 \ 10' P.U.E. \ & D.E. \ \ ABANDON 10' \ P.U.E. & D.E. LOT 14 i ti• 2' o 00o . O°s \ � \li • \ \ BLOCK 1 \ LOT 13 \ ' \ ,000 0 \ \ \ \ ` \�Lr 0�b•o \ A50\ O- 4, °�p, LOT 12 \ \ \ \ \ \ \ ` 2 5' \ ` ROW \ \ \ \ AN/ LOT 11 frC-7N / ,11; 25' \ \ , , <3 ,AREr; I&545 . E 1" ROW \ \RARDV L. rl SCALE: 1"=40' DATE: 5-22-01 N ,' 1 q1 P OVA Chron 131 (IF 4490 IN NixTown of FOUNTAIN HILLS �o_.�:�»• i = o� Engineering Department • 8si i `�4hat is A MEMORAN TO: Honorable Mayor and Town Council FROM: Randy Harrel, Town Engineer THROUGH: Paul L. Nordin, Town Manager DATE: June 1, 2001 RE: Easement Abandonment 01-12; Resolution 2001-29 15232 E. Delray Drive Plat 431, Block 2, Lot 4 John Bucur This item is on hold pending additional information. It may be deleted from the agenda prior to the Council Meeting. L EA01-12;Plat 431,Blk 2,Lot 4(15232 E.Delray Dr.)Bucur 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 Chron 129 ".t.PTown of FOUNTAIN HILLS a � I` o Engineering Department • Rsz 190 �that is ger MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engine r REVIEWED: Randy Harrel, Town Enginee THROUGH: Paul L. Nordin, Town Manager DATE: May 30, 2001 RE: Easement Abandonment 01-10; Resolution 2001-30 15417 E. Palisades Blvd. Plat 602-A, Block 1, Lot 2 Mark and Stacie Moore (lbw This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly and easterly property lines of Lot 2, Block 1, ` Plat 602-A, (15417 E. Palisades Blvd.) as shown in Exhibit "A". The property owners of Lot 2 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owners of Lot 2 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-30. jb att. Cc: Mark&Stacie Moore L. Gallaghher (vse E. Biondich EA01-10;Plat 602-A,Blk 1,Lot 2(15417 E.Palisades Blvd.)Moore 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-30 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY AND EASTERLY LOT LINES OF LOT 2, BLOCK 1, OF PLAT 602-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and LVHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the southerly and easterly property lot lines of Plat 602-A, Block 1, Lot 2, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 42 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 2 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 2001-30 ,,,,, Page 1 of 2 PASSED AND ADOPTED this 7th day of June 2001. (lirATTEST: FORTE OWN OF FOUN AIN HILLS ) ],t4.A.J Cassie B. Hansen, Town Clerk Sharo organ, M yor REVI D BY: APPROVED AS TO FORM: P . No , To n Manager i iam E. Farrell, Town Attorney (kw (loy Resolution 2001-30 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" kw PLAT 602—A BLOCK 1 LOT 2 / / / / �O / / LOT 4 PLAT 602—A �JQ' / BOOK 161 / , ., go• PAGE 42 / / <b° / / / / , / O / QO / 1 / / Q2 // o) LOT 3 / / ° . I /<'N 1/45-S• / 4- 20' P.U.E. / �L & D.E. / Y N 78.30.59"_W / / 1 I 131•90 / / D�4 % ! I C7Q`'',�'\ / BLOCK 1 / LOT 45 _ _ LOT 2 4, / h 6o, / 0 ABANDON 10' - '/ P.U.E. & D.E. �:ec� ``� )(7- LOT 1 / N s8: �� / / ' �'s3 s / / / ���• ik LOT 46 / / / / 20' P.U.E. —/ / / & D.E. / / N 6815'00" W / 30.12' .�'�n.r ' v, \ � / / �*`` l.n TE/,O cis / l / / LOT 49 ,.7 16545 / 1 c RE;N DY L. 73 / \�' HARi'L,�..'' ► / I'IIII ,R / .p• t, SCALE.. 1"_40' \ LOT 47 DATE: 5-22-01 I e May 9, 2001 Mr. Paul Nordin Town Manager Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Dear Paul: Enclosed is a copy of our FY2001/02 contract with the Town of Fountain Hills and the Scottsdale Convention & Visitors Bureau, along with our Articles of Incorporation. At your convenience, would you please peruse the contract and call me with your comments and suggestions and I will begin the process of implementing a new contract for Fiscal Year 2001/2002. Thanks again, Paul. I look forward to working with you, as always! Best regra.fds, Rae R. Sacco, Executive Vice President Scottsdale Convention &Visitors Bureau L scottsdale convention &visitors bureau 7343 scottsdale mall scottsdale arizona 85251 usa 480 945 8481 800 877 1117 www.scottsdalecvb.com a division of the scottsdale chamber of commerce AGREEMENT between THE TOWN OF FOUNTAIN HILLS and THE SCOTTSDALE CONVENTION & VISITORS BUREAU THIS AGREEMENT made and entered into this 1st day of July, 2001,by and between the TOWN OF FOUNTAIN HILLS, a municipal corporation of the State of Arizona, hereinafter referred to as"Town", and the SCOTTSDALE CONVENTION&VISITORS BUREAU,hereinafter referred to as "Scottsdale CVB". The parties agree as follows: 1. Scope of Services. The Scottsdale CVB agrees to promote the Town's hotels and resorts and convention and tourism business for the Town, and for the purpose of bringing additional business to the Town's resorts and hotels. In such promotion and in performing its duties pursuant to this Agreement,the Scottsdale CVB agrees to use its best efforts to include input from the Town's hotels and resorts on program activities related to the expenditure of the funds allocated in Section 2 of this Agreement. The Scottsdale CVB will organize meetings with Town hotels and resorts no less than once a year. Details on the convention and tourism program are incorporated in the Scottsdale CVB's marketing plan for the year. The performance of the Scottsdale CVB's duties pursuant to this Agreement will be guided by a five-year plan for tourist promotion with objectives, expenditure estimates and estimated program impact which shall be updated periodically through the Hospitality Marketing Strategy Report(initially prepared by Bob Campbell of Campbell Dalton Marketing, June 24, 1988, and revised November 11, 1993); and the Hospitality Marketing Strategy Report prepared by Economic Research Associates, June 27, 2000. 2. Compensation. Town shall pay the Scottsdale CVB for services rendered herein one third(1/3) of its three percent(3%)privilege tax upon the business activity of any hotel charging for lodging or lodging space to any transient levied pursuant to § 4A-447 of the Fountain Hills Town Code,but not to exceed a total sum of Thirty Thousand($30,000) during the term of this Agreement. If such tax collected during the Term of this Agreement is less than Thirty Thousand Dollars ($30,000),the monthly amount(s)due hereunder shall be revised and reconciled as necessary to reflect one-half of such actual tax collections. Sums due herein are payable in two(2) equal payments of$ 15,000.00; first installment due on or before August 1, 2001; second installment due on or before February 1,2002, following receipt of the Scottsdale CVB's invoice. The Scottsdale CVB will substantiate and provide documentation satisfactory to the Town for all payments made by the Town and expenditures made pursuant to this Agreement. 3. Performance Reports. The Scottsdale CVB will report on the performance of its tourism and convention program and submit a report to the Town no later than thirty(30) days after the termination of this Agreement. The report shall include an analysis of the effectiveness of the program. H:\CONTRACT\fountainhillscontract2001.doc 1 4. Audit and Records. The Town may review and audit the Scottsdale CVB's records related to the expenditure of funds under this Agreement for the purpose of ensuring compliance with this Agreement and applicable law. The Scottsdale CVB agrees to reimburse the Town for any expenditures it makes utilizing funds pursuant to this Agreement which are not for the tourism and convention purposes stated herein. 5. Law. The Scottsdale CVB shall at all times herein comply with all laws of the Town of Fountain Hills, the County of Maricopa,the State of Arizona and the United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona and the Town of Fountain Hills. The Town has determined that this Agreement is for a public purpose benefiting the welfare of the Town and its citizens, and that the public receives a valuable and reasonable consideration for the funds expended herein. 6. Insurance. The Scottsdale CVB shall provide the Town with a Certificate of Insurance form with coverages and limits acceptable to the Town. 7. Independent Contractor. The Scottsdale CVB is an independent contractor and shall perform the services described herein and other duties as may be mutually agreed upon in writing between the parties. 8. Term. The term of this Agreement shall be from the effective date shown above, expiring on June 30, 2002, unless sooner terminated as provided herein. Either party may cancel this Agreement at any time with thirty(30)days'written notice to the other party. Upon termination, amounts owed, according to the terms of the Agreement,will be paid. 9. Sole Agreement. No other agreements or representations of any kind have been made by and between the parties hereto. 10. Conflict of Interest. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511. 11. Assignment Prohibited,Agreement Binding. This Agreement shall extend to and be binding upon the heirs, administrators, executors, successors and permitted assigns of the respective parties. Scottsdale CVB shall not assign this Agreement or any rights thereunder. 12. Notices. All notices pursuant to this Agreement shall be in writing and shall be deemed properly given if sent by facsimile,personal delivery,by certified mail or by courier,postage prepaid, addressed to the addresses set forth below. Notice shall be deemed effective on the date of actual receipt or five (5)days after the date of mailing,whichever is earlier. 13. Amendments. Amendments to this Agreement shall be made in writing and executed by the parties below. 14. Fiscal Year Appropriation. The parties agree that this Agreement does not obligate the expenditure of Town funds beyond the close of the fiscal year in which this Agreement is executed. Such funding for a future fiscal year is dependent on appropriation by the Town. L H:\CONTRACT\fountainhillscontract2001.doc 2 15. Default,Force Majeure. If any party fails to observe or perform any of the provisions of this Cor Agreement and such failure is not cured within twenty(20) days after notice by the affected party,then such party shall be in default and without further notice,the affected party may at any time thereafter continue this Agreement and recover damages resulting from the default or effect a cure on the defaulting party's behalf and all costs and expenses so incurred by the curing party together with interest at the rate of ten percent(10%)per annum shall be due and payable by the defaulting party. However, if a default cannot reasonably be cured within twenty(20)days,the defaulting party shall not be in default of this Agreement if it commences to cure the default within such twenty-day period. If any party is unable to perform hereunder as a result of acts of God,war,national disasters, strikes, fire or other comparable events, or as a result of any lawful order issued by the United States government or an official of the State or Arizona or Town,or for any reason beyond the control of the parties,then this Agreement shall be suspended during such period and for as long as such conditions shall exist and the term hereof shall not be extended. IN WITNESS WHEREOF,the parties have entered into this Agreement effective on the date first above written. TOWN OF FOUNTAIN HILLS SCOTTSDALE CONVENTION& P.O. Box 17958 VISITORS BUREAU Fountain Hills,AZ 85269 7343 E. Scottsdale Mall Phone: 480-837-2003 ; Fax: 480-837-3154 Scottsdale, AZ 85251 Phone: 480-945-8481; Fax: 480-947-4523 ,r B: b=, By: au din,Town Manager Darren Smith, Chairma of the Board By:• .. Rac el R. Sacco,Pres ent&CEO Date: 6- 7'O/ Date: 5 /y U / ATTEST: //IL )jtAA/t..., By: Cassie Hansen,Town Clerk APPROV,ED S TO FORM: Y B : -- William Farrell, Town Atto ey H:\CONTRACT\fountainhillscontract2001.doc 3 RECEIVED ARTICLES OF INCORPORATION AP '',I 3-2001 OF JazoriAddecommisscit ooMixam SCOTTSDALE CONVENTION AND VISITORS BUREAU, INC. ARTICLE I NAME - The name of the corporation, which is a nonprofit corporation, is SCOTTSDALE CONVENTION AND VISITORS BUREAU, INC. and shall be referred to herein as the "CV-B." 'ARTICLE H PURPOSES The primary purposes for which this corporation is formed are: (a) to increase Scottsdale's economic base through the convention and tourism industry; and (b) to do all other things and exercise all powers and rights of a corporation which are lawful and consistent with the foregoing purposes and the nonprofit character of the corporation, including but not limited to the powers.set forth in A.R.S. § 10.3301 Notwithstanding any other provisions of these Articles, if the corporation elects to qualify under Section 501(c)(6) of the Internal Revenue Code of 1986, as amended (the "Code"), the corporation shall not conduct or engage in any activity which would or could result in the revocation of its status as a corporation qualified under such section of the Code. The corporation does not contemplate securing any gain or profit to the Members of the corporation;the Members shall have no individual interest in the profits of the corporation, if any; and no part of the.net earnings of the corporation, if any, shall inure (other than by promoting social and recreational activities for Members, by a rebate of excess membership dues or fees or reasonable compensation for services rendered to the CVB) to the benefit of any Member of the corporation or other individual. L 3/29/2001 Ij29$4v4 ARTICLE In INITIAL AC I I my The character of the business the corporation intends to conduct initially shall be to increase Scottsdale's economic base through the convention and tourism industrY. ARTICLE iv MEMBERSEOP The corporation will have Members. ARTICLE V • BOARD OF DIRECTORS The affairs of the corporation shall be conducted by a Board of Directors (the "Board"). The initial Board and each Board thereafter shall consist of at least seven (7) Members or other persons with the exact number to be deteiniined by a resolution of the Board from time to time. Other provisions regarding the Board are set forth in the Bylaws, the relevant portions of which are incorporated herein by reference. The following persons shall constitute the initial Board of the CVB: DARREN SMITH Bill_ EIDER-ORLEY 7343 Scottsdale Mall 7343 Scottsdale Mall Scottsdale,Arizona 85251 Scottsdale, Arizona 85251 RICHARD BIBEE KEN GOLDFINE 7343 Scottsdale Mall 7343 Scottsdale Mall Scottsdale, Arizona 85251 Scottsdale; Arizona 85251 TOM SILVERIVLAN CHRIS HART 7343 Scottsdale Mall 7343 Scottsdale Mall „Scottsdale, Arizona 85251 Scottsdale.Arizona 85251 L 1529844 2 3/2912001 (kw JOHN PYE NED SICKLE 7343 Scottsdale Mall 7343 Scottsdale Mall Scottsdale,Arizona 85251 Scottsdale, Arizona 85251 ARTICLE VI NO PERSONAL LIABILITY The private property of the members, directors and officers of the corporation shall be forever exempt from the corporation's debts. ARTICLE VII INDEMNIFICATION OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS.LIMITATION ON DIRECTORS' LIABILITY A. To the fullest extent permitted by Arizona law as it may be amended from time to time, and subject to any mandatory limitations imposed by Arizona law including any imposed by A.R.S. § 10-3202 or § 10-3851 or § 10-3852,the corporation shall defend any and all of its existing and former directors, officers (as defined in A.R.S. § 10- 3850(5)) and committee members against claims made against them or any one of them because they were or are directors or officers, and the corporation shall indemnify its directors, officers and committee members for liability and expenses incurred as a result of such claims, including but not limited to, legal fees and costs, judgments, penalties and amounts paid in settlement or compromise, which may arise or be incurred, rendered or levied in any legal action brought or threatened against them or any one of them for or on account of any act or omission alleged to have been committed by such person as a director, officer or committee member of the corporation, whether or not any action is or has been filed against the person and whether or not any settlement or compromise is approved by a court. The corporation shall also pay expenses in advance of a final disposition of a proceeding for directors, officers, and committee members incurred in connection with a claim subject to defense and indemnification provided the director, officer, or committee member meets the standards for an advance under A.R.S. § 10-3852 or § 10-3853. L 152984v4 3 (169 B. A director shall have no personal liability to the corporation or its Members for monetary damages for any action taken or any failure to take any action as a director, except liability for any of the following: (a) The amount of a financial benefit received by a director to . which the director is not entitled; _ (b) An intentional infliction of harm on the corporation or the members; (c) A violation of A,R.S. § 10-3833; and (d) An intentional violation of criminal law. ARTICLE VIII BYLAWS The initial Bylaws shall be adopted by the Board herein designated. Amendments, alterations and repeal of the Bylaws may be made only as provided in the Bylaws. The Bylaws and any amendments thereto shall be valid only if consistent with these Articles. ARTICLE IX KNOWN PLACE OF BUSINESS The known place of business of the corporation shall be 7343 Scottsdale Mall, Scottsdale, Arizona 85251, or such other place as may be designated from time to time by the Board_ In addition, different and other offices and places for conducting business, both within and without the State of Arizona, may be established from time to time by the Board. ARTICLE X STATUTORY AGENT Rachel Sacco, 7343 Scottsdale Mall, Scottsdale_ Arizona 85251, is hereby appointed the initial statutory agent of the corporation upon whom all notices and process, including summonses, may be served. The Board may revoke the appointment of such agent at any time, and shall have the power to fill any vacancy, 3129n_oo� I 5?984'v4 4 ARTICLE XI DISSOLUTION Upon dissolution of the CVB„ or the winding upof its affairs, the assets of the corporation shall be distributed exclusively to one or more public agencies, utilities, non- profit corporations, trusts or other organizations to be devoted to purposes as nearly as is practicable to those to which they were required to be devoted by the CVB. If the corporation has elected to qualify as a non-profit corporation under Code Section 501(c)(6), then distribution may be only made to permitted recipients under the applicable Code section. ARTICLE XII INCORPORATOR The name and address of the incorporator is: DARREN SHTH (610 7343 Scottsdale Mall Scottsdale, Arizona 85251 IN WITNESS WEEMOF, the undersigned have hereunto set their hands this day of Afi,e;y 2001_ • Darren Smith, Inco orator L 152984v4 5 3t29/2001 ••• •• was aft 44••• 04 11.1. -I-) ACCEPTANCE OF APPOINTMENT (kw BY STATUTORY AGENT • The undersigned hereby acknowledges and accepts appointment as statutory agent of the above named corporation, effective this day of40Ail_ , 2001. RA ACC L • (kliar • 30.91200 1 152984v4 scottsdale May 31, 2001 Mr. Paul Nordin Town Manager Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Dear Paul: Enclosed is a copy of our new FY2001/02 contract with the Town of Fountain Hills and the Scottsdale Convention &Visitors Bureau signed by myself and our Chairman, Darren Smith. If you approve, please have the appropriate parties sign and return the original to me at your earliest convenience. Thanks again, Paul. I look forward to working with you, as always! Best regards, • L...-1 Rachel-R. Sacco, Executive Vice President Scottsdale Convention &Visitors Bureau L scottsdale convention &visitors bureau 7343 scottsdale mall scottsdale arizona 85251 usa 480 945 8481 800 877 1117 www.scottsdalecvb.com a division of the scottsdale chamber of commerce Fountain Hills Parks & Recreation Memo To: Mayor Morgan and Town Council Through: Paul L. N;;u, From: Bryan Hug�'gni••t •erector of Recreation Date: 05/31/01 Re: Four Peaks Neighborhood Park Land Conveyance to the Town of Fountain Hills History Development of Four Peaks Neighborhood Park began in 1998 when the Fountain Hills Unified School District conveyed a 3.92-acre parcel to the Town of Fountain Hills to be used for municipal recreation. Plans to expand the park with an additional 9.9-acre parcel were discussed, but the land was not conveyed to the Town at that (kw time due to the possible expansion of the Four Peaks Elementary School. With that expansion near completion, the District is ready to convey the land to the Town for park development and received Board approval to do so at the May 23,2001 meeting. In January 2001,the Town Council approved the Four Peaks Neighborhood Park Master Plan, which focused on the remaining land south of Caliente Wash(9.9 acres)yet to be deeded to the Town. Letter of Understanding Over the course of the past year, both District and Town staff have been working toward the transfer the 9.9- acre parcel, which would meet mutual goals and objectives for the conveyance of the land. Originally, the Town's main goal was to acquire the land for future development of Four Peaks Neighborhood Park—Phase II and revise the Master Plan to accommodate the school's outdoor recreation needs. Additionally, the District's goal was to convey the land to the Town for future development, and immediately develop the playground facilities accommodate the start of 01-02 school year. The Letter of Understanding states the interests of both parties prior to the final conveyance of the land by the school district. A copy of the Letter of Understanding is attached for review. Master Plan Description Although the Four Peaks Neighborhood Park Master Plan takes into account the entire site, development of Phase II amenities will be located on the land immediately adjacent to Four Peaks Elementary School. (by •Page 1 Four Peaks Neighborhood Park—Phase II amenities include: (likw • new lighted in-line roller hockey facility with bleachers • new lighted basketball courts with bleachers • shade bosque with picnic tables • new storage/maintenance yard • new parking lot(29 spaces) • school playground • new skate park • new bike rack area • large group ramada with picnic tables and barbecues • new parking lot(25 spaces) • new trash enclosure • connecting walkways and lighting Project Costs Four Peaks Neighborhood Park — Phase II Improvements is estimated at $1.8 million, which includes contingency and engineering fees. Although the Town does not plan to develop Phase II in FY 01-02,$55,000 is being budgeted for completion of the playground facilities to meet the schools needs during the 2001-02 school year. The playground is being funded with the cooperation of the District and Rotary Club's "Penny Park"campaign. Recommended Council Action Staff recommends approval of the Letter of Understanding with the Fountain Hills Unified School District and (kw acceptance of the 9.9-acre parcel of land for further development of Four Peaks Neighborhood Park. Thank you for your support of this project. L •Page 2 Fountain Hills Unified School District 0' A ,10 "Surging Toward Greater Heights in Education" (1116W 9 9 9 rq, Maria L. Menconi, Ed.D. Superintendent Terry Tatterfield 10 Assistant Superintendent June 11,2001 Mr. Bryan Hughes Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills,AZ 85268 Re: Four Peaks Park Land Conveyance - Letter of Understanding Dear Mr. Hughes: Terry Tatterfield asked me to send the Four Peaks Park Land Conveyance Letter of Understanding (LOU)to you. Can you please have Mr. Paul Nordin sign the LOU and return the original to me? If you have any questions,please contact Terry Tatterfield at(480)837-0690. Sincerely, Lisa Lee Secretary Associate Superintendent's Office Enclosure L 14605 N. Del Cambre, Fountain Hills, Arizona 85268 602-837-0690 FAX 837-7603 L May 23,2001 Governing Board Fountain Hills Unified School District 14605 N.Del Cambre Fountain Hills,AZ 85268 Town Council Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills,AZ 85268 Re: Four Peaks Park Land Conveyance to the Town of Fountain Hills Dear Governing Board and Town Council Members: In support of the Town's Four Peaks Neighborhood Park Phase II plans and consistent with the concepts and understandings as outlined in the current District-Town Intergovernmental Agreement(IGA),dated July 24, 2000,the district is conveying a 9.9-acre parcel in the Four Peaks Neighborhood Park to the Town of Fountain Hills. This transaction is deemed to be a sound business decision and beneficial to both parties for the (low following reasons: 1. On July 28, 1998,the District conveyed a 3.92-acre parcel adjacent to the Four Peaks Elementary School and District Administrative Center to the Town in support of the Four Peaks Neighborhood Park project. This 9.9-acre conveyance is in support of Phase II of the park project. As with the 1998 deed,the 2001 deed restricts the use of the 9.9-acre parcel to municipal and recreational purposes only. 2. The aforementioned IGA,as revised in 2000,effectively represents the joint interests of the District and Town for the shared use of facilities between the two parties. 3. This conveyance benefits the Town by providing the land for the Phase II development. 4. The district benefits with access to the Phase II capital improvements for school-related activities as well as the Town's financial commitment for the maintenance of the park in accordance with the IGA. 5. The value of the District property is difficult to measure because the deed restrictions eliminate any potential economic use. As such,the Appraisal Institute suggests that the appraisal has only a non- economic highest and best use and,therefore,the property has no measurable market value in terms of cash in U.S.Dollars. The value of the property,and benefit to the Town,is therefore best described as an essential element of the phase II plan. 6. The value of the Town contribution associated with this conveyance is measured by the proposed park improvement costs(>$1.8 million)coupled with the Town's estimated annual operating budget for the park (>$200,000). LThe District Superintendent and Town Manager share the following understandings and expectations: Project Design and Budget: The District and Town jointly designed the playground features of the Four Peaks Neighborhood Park that directly impact the daily activities for the Four Peaks Elementary School. Both Orcutt/Winslow and E Group, architectural/engineering firms representing the District and Town respectively,facilitated the project programming and design development phases and established the project's total budget at$105,000. The district's base bid-funding from the Four Peaks renovation project already underway includes site preparation for the playground area as well as the relocation of the existing playground set with new curbing and padding material. This base bid contribution from the District is$35,000. The additional playground improvements and scope of work not already included in the district's existing base construction contract includes: 1) One new playground set with curbing,padding material,and shade structure; 2) Additional playground equipment such as swings and slides; 3) Sidewalk access to playground; 4) Fencing; 5) Landscaping; 6) Other design features,as needed,to integrate this playground area into the overall Four Peaks Neighborhood Park Design. It is understood that the funding strategy for this playground project includes three sources: Fountain Hills Unified School District,the Town of Fountain Hills,and the Penny Park Fundraising endeavor. Penny Park's contribution is estimated not to exceed$15,000. To date,the Penny Park efforts have raised$11,000,with two major fund raising projects in the near future. The funding is therefore projected as follows: District $35,000 (in base bid) Town $55,000* Penny Park $15,000 est. $105,000 * The Town's contribution will be made upon available Four Peaks Neighborhood Park Phase II funding. The Town and District also recognize that the Four Peaks Elementary renovation will not be finished by June 30,2001. For project continuity,the General Contractor already on-site and under contract with the District may complete the school playground construction. The District will establish appropriate procedures for payment to the contractor with outside funding sources. Special Warranty Deed: The deed and legal description for the conveyance is presented in Exhibit A. The conveyance does not include the school building and parking areas,District Administrative Center and parking lot,and an adjacent parcel being considered for a multi-purpose educational/youth activity facility. On May 23,2001,the District Governing Board conditionally approved the land conveyance and associated Special Warranty Deed pending acceptance of this LOU. Future Considerations: The Town and District have been involved in preliminary discussions with AT&T for the installation of antennas at the Four Peaks Park for wireless services. The District has also had similar discussions with Qwest. The Town and District have agreed that the revenue from these potential contracts,if ever approved,will be equally shared. If the Town enters into such a contract after the conveyance date,the District proposes that the initial 5-year contract be the basis for any shared revenue considerations. L The undersigned representatives,Fountain Hills Unified School District Superintendent and Fountain Hills (Ilbse Town Manager,do hereby support the concepts and expectations outlined above. / % /6/-64X-21,6.4w---x.,€.„ /, ,/, / / A, L Maria L.Menconi,Ed.D. or FHUSD Superintendent Fountai ills Town Manager L L Law Offices Of William E. Farrell, P.L.L.C. Tel(480)837-5750 William E.Farrell Building A Fax(480)837-5805 16838 E.Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk Community Development Director FROM: William E. Farrel Town Attorney DATE: June 7, 2001 RE: Amended and Restated Economic Development Agreement On your agenda for consideration this evening is approval of amended and restated economic development agreement between the Town and the Barclay Group as well as Target Stores Inc. On October 19, 2000 the Mayor and Council approved an economic development agreement with the Barclay Group calling for the payment of$989,000.00 over a ten (10) year period of time. That agreement was never executed by Barclay; however, it was accepted in principal by them and they have now respectfully requested that they assign all their right title and interest to the Target store. Several small changes have been made to the text of the agreement; however, the basic amount of repayment and the terms and conditions remain the same. I will be more than happy to detail the changes to you on Thursday evening or to answer any questions you may have regarding the new agreement. For your reference both the old and the new agreements are attached. Respectfully submitted, William E. Farrell Town Attorney (iire Z:\WPDATA\FAXSHEET\BILL\Target-StaffRPT.wpd AMENDED AND RESTATED (kimw ECONOMIC DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED ECONOMIC DEVELOPMENT AGREEMENT (the "agreement"), made and entered into this 7th day of June, 2001, by and between the Town of Fountain Hills, a municipal corporation in the State of Arizona, hereinafter known as "Town" and Barclay Holdings XVII, L.L.C., an Arizona Limited Liability Company, hereinafter known as "Barclay Group" hereby agree as follows: WHEREAS, A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of the Town; WHEREAS, on or about October 19th, 2000, the Town Council did approve that certain Economic Development Agreement with Barclay Group respecting the "Barclay Group Project" (defined below); WHEREAS, on or about October 19th, 2000, the Town did execute that certain Economic Development Agreement but Barclay Group, although agreeing in principle to the same, did not execute such original Economic Development Agreement (the "Original Agreement"); WHEREAS, the Town Council had made and hereby makes such findings in relation to certain real property, more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "Barclay Group Project"; and WHEREAS, the parties wish to amend and restate in total the Original Agreement by execution of this agreement. 1. That the Town, subject to the constitution and the laws of the State of Arizona and (taw the applicable political subdivisions thereof, shall reimburse Target (defined below) a sum of 388997 Page 1 of 7 money not to exceed Nine Hundred Eighty-Nine Thousand Dollars ($989,000) over a period of (Imw time as and for the development of retail sales and other busines s ss activity on the real property described in Exhibit "A" and known as the Barclay Group Project. Barclay Group hereby absolutely and unconditionally directs the Town to make such reimbursement directly to Target and hereby forever releases, waives any rights, relinquishes and holds harmless the Town for, from and against claims by Barclay Group, its successors and assigns with respect to such payments to Target. 2. This agreement shall be effective upon execution by all parties and payment shall begin on the first day of the month in which Target Corporation, a Minnesota corporation, qualified to do business in Arizona as Target Stores, Inc. ("Target") (c/o Target Corporation Property Management, Attn: Property Administrator, 1000 Nicollet Mall, Minneapolis, MN 55403), commences business with the general public at its place of business on the Barclay (low Group Project land in at least 100,000 square feet of improvements. Barclay Group agrees from time to time to ratify its disclaimer as to any interest in the right to receive payments hereunder made to Target. 3. The Town shall upon execution of this agreement establish a baseline amount effective the first day of that month in which Target opens for business, which baseline amount shall consist of the total amount of local sales tax paid by all retail businesses within the Town, outside of the Barclay Group Project, in Standard Industrial Classification codes 52-59. 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create, by this agreement, any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. L 388997 Page 2 of 7 5. The Town, Barclay Group and Target hereby agree and acknowledge that after (kby the initial startingdate, the annual anniversarydate can beS` established as of March 31 in the year following the commencement of business by Target, and shall be the 31 S` day of March for each consecutive year thereafter. The Town shall collect the required information from confidential records provided to the Town by Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: Transaction privilege tax received in January, February or March shall be tabulated and payment due, if any, shall be made on or before May 25`h Transaction privilege tax received in April, May or June shall be tabulated and payment due, if any, shall be made on or before August 25`h. Transaction privilege tax received in July, August or September shall be tabulated and payment due, if any, shall be made on or before November 25`h Transaction privilege tax received in October, November or December shall be tabulated and payment due, if any, shall be made on or before February 25`h Town, Barclay Group and Target agree and understand that the information, which shall be used as the basis for determining this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer, whether an owner or tenant, in the Barclay Group Project, shall be asked by Barclay Group to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. Failure to sign the confidentiality agreement means that any sales tax collected and paid by that merchant shall be included in the Town's calculations, but that neither Barclay Group nor Target shall have any right to examine or review the Town's calculations. 6. Target shall be entitled to an amount equal to fifty percent(50%) of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 7. At each March 31 S` anniversary date, or as soon thereafter as possible, the Town Lshall determine whether or not transaction privilege tax collections from all other merchants in 388997 Page 3 of 7 the retail classification have increased or remained constant. Should the determination be made that the base amount has increased or remained constant, then the Town shall continue ue the fifty percent (50%) payment. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar-for-dollar proportional reduction in the obligation of the Town to Target provided, however, that in no event shall the payment obligation from the Town to Target be less than twenty-five percent (25%) of the transaction privilege tax annually collected from Barclay Group Project merchants. The reduced payments shall continue for four (4) consecutive periods until the next anniversary date at which time a new baseline amount shall be determined and shall be compared to immediately previous anniversary date and a new staff recommendation shall be made in accordance with this paragraph. 8. The term of this agreement shall continue until the earlier of(i) that date Target has received the full amount of economic development compensation referred to in Paragraph 1 or(ii) ten (10) years from the first payment made hereunder or(iii) Target delivers written notice to the Town and Barclay Group that Target unilaterally terminates and waives all right to future economic development compensation under this agreement, whereupon this agreement shall terminate absolutely except for any earned but then unpaid compensation. Barclay Group hereby irrevocably consents to, and Barclay Group and the Town each acknowledge that Target may unilaterally terminate the economic development compensation and this agreement at any time. Upon such termination, the parties shall execute and deliver a release on request of Target. 9. The Town agrees that Barclay may assign all its rights and obligations under this agreement, if any, to KIMCO Barclay Fountain Hills L.P., an Arizona limited partnership in which Barclay Group is a partner, provided, (1) KIMCO Barclay Fountain Hills L.P. delivers a (riw written notice of such assignment and assumption to the Town with a disclaimer of the economic 388997 Page 4 of 7 development compensation to be paid to Target; and (2) at the time of such assignment and (itor assumption, KIMCO BarclayFountain Hills L.P. is the owner of the BarclayGroupProject other P � J than the Target parcel. 10. This agreement shall constitute the entire agreement of the parties as to the matter of economic matter incentives, and shall not be amended or modified except by written agreement authorized and executed with the same formality as this agreement. The benefits of this agreement shall inure to Target, its successors and assigns. 11. This agreement shall be interpreted under and controlled by the constitution and the laws of the State of Arizona and the applicable political subdivisions thereof, and is specifically subject to the provisions of A.R.S. § 38-511. 12. This agreement amends and restates the Original Agreement in its entirety. DONE the day and year first above written. kali" 388997 Page 5 of 7 FOR THE TOWN OF FOUNTAIN HILLS: gie7w,/ Sharon Morgan, Mayor f'( J//./� l�C Paul L. N rdin, Town Manager (iLAA.A.A-K-6 Cassie B. Hansen, Town Clerk getten; William E. Farrell, Town Attorney BARCLAY HOLDINGS XVII, L.L.C.: By: Scott Archer, Manager ACKNOWLEDGED TARGET: TARGET CORPORATION By: Name: Its: L 388997 Page 6 of 7 STATE OF ARIZONA(lbw ) ss County of Maricopa ) ACKNOWLEDGED before me, a notary public, this day of 2001 by Scott Archer, Manager, an individual authorized to sign on behalf of Barclay Holdings XVII, L.L.C., known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: STATE OF ) ) ss County of ) ACKNOWLEDGED before me, a notary public, this day of 2001 by , an individual authorized to sign on behalf of Target Corporation, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: L 388997 Page 7 of 7 ECONOMIC DEVELOPMENT AGREEMENT (11.w. --(— THIS AGREEMENT,made and entered into this day of ,2000, by and between the Town of Fountain Hills,a municipal corporation in the State of Arizona,hereinafter known as "Town" and Barclay Holding XVII, L.L.C., an Arizona Limited Liability Company, hereinafter known as "Barclay Group"hereby agree as follows: WHEREAS,A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of the town; and, WHEREAS, the Town Council hereby makes such findings in relation to certain real property,more particularly described in Exhibit"A"attached hereto and hereinafter referred to as the"Barclay Group Project"; and WHEREAS, the parties wish to reduce to writing the terms and conditions of this agreement. 1. That the Town may reimburse Barclay Group a sum of money not to exceed Nine Hundred Eighty-Nine Thousand Dollars($989,000)over a period of time as and for the development of retail sales and other business activity on the real property described in Exhibit"A"and known as the Barclay Group Project. 2. This agreement shall be effective beginning on the first day of the month in which an "Anchor Tenant"commences business with the general public at its place of business on the Barclay Group Project land. An Anchor Tenant is hereby defined as a national chain retailer occupying at least 100,000 square feet of improvements. BarclayHoldings XVII g LLC-Economic Development Agreement Page 1 of 5 3. The Town shall then establish a baseline amount effective the first day of that month (160, in which the Anchor Tenant opens for business,whic h ch baseline amount consists of the total amount of local sales tax paid by all retail businesses within the Town outside of the Barclay Group Project in Standard Industrial Classification codes 52-59 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create,by this agreement,any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. Payment of the Economic Development Compensation referred to in Paragraph 1 may, at the written instruction of Barclay Group, be paid directly from the Town to the Anchor Tenant referred to in Paragraph 2. 5. The Town and Barclay Group hereby agree and acknowledge that after the initial starting date,the annual anniversary date can be established as of March 31 St in the year following (ow the commencement of business by the Anchor Tenant, and shall be the 31 S`day of March for each consecutive year thereafter. The Town Shall collect the required information from confidential records provided to the Town by Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: Transaction privilege tax received in January, February or March shall be tabulated and payment due, if any, shall be made on or before May 25t. Transaction privilege tax received in April,May or June shall be tabulated and payment due, if any, shall be made on or before August 25`h Transaction privilege tax received in July, August or September shall be tabulated and payment due, if any, shall be made on or before November 25th. Transaction privilege tax received in October,November or December shall be tabulated and payment due, if any, shall be made on or before February 25`h (ow Barclay Holdings XVII,LLC-Economic DevelopmentAgreement A 88 Page 2 of 5 Town and Barclay Group agree and understand that the information,which shall be used as the basis for determin ing this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer, whether an owner or tenant, in the Barclay Group Project, shall be required to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. Failure to sign the confidentiality agreement disqualifies any sales tax collected and paid by that merchant from inclusion in the Town's calculations. 6. The Barclay Group shall be entitled to an amount equal to fifty percent (50%) of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 7. At each March 31 S`anniversary date, or as soon thereafter as possible, the Town shall determine whether or not transaction privilege tax collections from all other merchants in the retail classification have increased or remained constant. Should the determination be made that the base (ikw amount has increased or remained constant, then the Town staff shall recommend that the fifty percent(50%)payment continue. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar-for-dollar proportional reduction in the obligation of the Town to the Barclay Group provided,however,that in no event shall the contribution from the Town to the Barclay Group be less than twenty-five percent(25%) of the transaction privilege tax annually collected from Barclay Group merchants. 8. The payment shall continue until the earlier of(i)that date Barclay Group has received the full amount of economic development compensation referred to in Paragraph 1 or(ii) ten(10) years from the Effective Date of this Agreement as described in Paragraph 2. BarclayHoldings XVII LLC-Economic g Development Agreement Page 3 of 5 9. The amount set forth in Paragraph 1 above shall be reduced if and in the event that an (ire adjacent land owner either reimburses Barclay Gro up arc y directly or otherwise pays for or makes physical improvements in relation to the technology road improvements that would otherwise be required to be made by Barclay Group. The parties agree to meet upon the dedication and acceptance of the Technology Road improvements and to determine whether or not any reimbursement, payment or donation has been made and the amount or value of such action. The parties shall then amend Paragraph 1 of this agreement to reflect the reduction in the amount of the economic incentive. 10. This agreement shall constitute the entire agreement of the parties as to the matter of economic matter incentives, and shall not be amended or modified except by written agreement authorized and executed with the same formality as this agreement. 11. This agreement shall be interpreted under and controlled by the laws of the State of LArizona, and is specifically subject to the provisions of A.R.S. § 38-511. DONE the day and year first above written. FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor /7(16-c- Paul L. Nordin, Town Manager Barclay Holdings XVII,LLC-Economic Development Agreement Page 4 of 5 L 6.44;.„4 Cassie B. Hansen, Town Clerk William E. Farrell, Town Attorney BARCLAY HOLDING XVII, L.L.C.: By: STATE OF ARIZONA ) )ss County of Maricopa ) ACKNOWLEDGED before me, a notary public this day of ,2000 by , an individual authorized to sign on behalf of Barclay Holdings XVII, LLC, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: ' Barclay Holdings XVII,LLC-Economic Development Agreement Page 5 of 5 Town of Fountain Hills Memorandum DATE: May 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development fciVAD FROM: Paul L. Nordin,Town Manager SUBJECT: Consideration of Ordinance 01-10,to amend Section 7 of Ordinance 00-06,the Ordinance that adopted the"C-2 Planned Unit Development Intermediate Commercial Zoning District"for the Shea Retail Center(Target)property. Ordinance 00-10 would modify the language in Section 7 of Ordinance 00-06,the ordinance that adopted the"C-2 PUD"zoning district for the Shea Retail Center(AKA the Target"property). Staff recommends Town Council approval of language recently proposed by the applicant. Please see the attached staff report and draft of Ordinance 01-10. L L TOWN OF FOUNTAIN HILLS (kipe STAFF REPORT MAY 31,2001 CASE NO.: Z2001-02 LOCATION: Immediately southwest of Shea Boulevard, northwest of Saguaro Boulevard and east and north of Technology Drive. The property consists of Lots 1 and 2 in Plat 412-A,the Cosmic Drive right-of-way,the Laser Drive right-of-way,an alley right- of-way,and an area of land that is currently unsubdivided. REQUEST: A rezone to amend Section 7 of the "C-2 Intermediate Commercial Planned Unit Development Zoning District"as adopted by Ordinance 00-06. DESCRIPTION: OWNER: MCO Properties L.P. APPLICANT:The Barclay Group EXISTING GENERAL PLAN LAND USE DESIGNATION: "C/R" EXISTING ZONING: "C-2 PUD"Per Ordinance 00-06 PROPOSED ZONING: "C-2 PUD"Per Ordinance 00-06 and as amended with this application (lbw PARCEL SIZE: 29.24±acres SURROUNDING LAND USES AND ZONING: NORTH: Developed and undeveloped residential lots in Plat 403-B,zoned "R1-35." EAST: Developed commercial and residential uses within several subdivisions, zoned "C- 0", "C-2","R-3","R-5"and"R 1-43." SOUTH: Developed and undeveloped industrial, multi-family and single-family lots within Plats 414,412-A and 412-B,zoned"IND-1","IND-2","R-3"and"R1-43." WEST: Developed and undeveloped industrial unsubdivided land and lots within Plat 412- A,zoned"IND-1"and"IND-2." SUMMARY: On April 6, 2001 the Fountain Hills Town Council adopted Ordinance 00-06 that rezoned the site from the "IND-2"to the"C-2 Intermediate Commercial Planned Unit Development"Zoning District. The Town was very interested in utilizing a PUD for the site, because the Town desired additional land use controls that were and are not provided in the "C-2" Zoning District. One of those additional controls included in Ordinance 00-06 was a requirement that the major and minor anchor tenants, as shown on the site plan or the plan of development, maintain their large size for perpetuity. This control was included in Section 7 of Ordinance 00-06. Section 7 in Ordinance 00-06 now reads as follows: Section 7, The major and minor grocer anchor spaces, as shown in Exhibit "C" shall not be divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet and 20,000 square feet,respectively. Section 7 was included primarily to provide the Town assurances that the major and minor anchor stores promised to the community would,in fact,be developed and maintained on the site. REZONE: (Itsr, On April 27, 2001 the Barclay Group applied to amend Section 7 of Ordinance 00-06. The Barclay Group proposed to modify the language of Section 7 as shown below. This is the language that appeared in the public notice for Case Number Z2001-02: (Text to me added is shown as double=underlined and text to be deleted is shown as crossed-out.): Section 7, Barclay T-Inkling XVII T I f dated 711(11 is in effect tThe major and iiuntui grocer anchor space,as shown in Exhibit"C",shall not be physically subdivided divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet 000 square feet,respectively. physically snhdivided and sublet shall not include subleases floor area of the major anchor space The applicant has related to the Town that Target, the anticipated major anchor tenant, desires to have an "exit strategy" if a Target store locates to the site and fails. Target will own the property on which it will locate. If the Target store fails,Target believes it will be very difficult,if not impossible,to sell or lease the 100,000 square foot store to another user without dividing it into smaller spaces. The applicant has added a sentence that clarifies that "concessionaires, subtenants or licensees of any store department, line of business or food services or any subleases, concessions, licenses and similar arrangements"does not constitute physical subdivision of the store. An example of this type of subtenant is a restaurant that would locate within a store, such as is the case at most Target stores. Staff believes that this sentence simply provides clarification to the original intent of Section 7. The applicant is committing to the intent of the original language of Section 7 for as long as the proposed Economic Development Agreement is in effect. The term of the Economic Development Agreement will be the shorter of ten (10) years or that period of time it takes for the project site to generate sales taxes, a percentage of which would be rebated(a maximum of$989,000)to the developer. On May 24, 2001 the Planning Commission voted 5-1 to recommend Town Council approval of Case Number Z2001-02, but recommended approval of a modified version of the proposed language. The Planning Commission recommended Town Council approval of language that prohibited the physical subdivision of the major anchor space for a period of 10 years, instead of referring to the life of the proposed economic development agreement. The Planning Commission's proposed language is as follows (Text to me added is shown as double=underlined and text to be deleted is shown as crossed-out.): Section 7, the ma or anchor tenant t he major aiidiiuiiu1 gi ut.ci anchor space,as shown in Exhibit"C";shall not be physically sub divided divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet and 20,000 square feet,respectively. Physically Town Council Staff Report Case Number Z2001-02 May 31,2001 Page 3 any suhleases, cnncessinns licenses and similar arrangements nf any kind Provided they do not exceed in total more than20%of the floor area of the major anchor space Town staff and the developer have discussed the Planning Commission's recommendation and the developer now requests that the proposed language to Section 7 be modified as follows(Text to me added is shown as double.underlined and text to be deleted is shown as crossed—out.): Section 7, The major and nniilor grot zr anchor space, as shown in Exhibit "C", shall not be physically subdivided divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet and 20,000 square feet,respectively. fnr the lnnger nf five years hegjnning Fountain Hills and Barclay Holding XVII LLC, dated 1 nr the date include_subleases,_concessions,dicenses__ancLsimilar_arrangements_between_the_operating__owner_or waster_occupantilessethezaajor_artchor_space—aniany_concessionaires,-subtenants_rx_licensees when the Economic Development Agreement expires Physically subdjvjded and sublet shall not RECOMMENDATION: Staff recommends approval of Ordinance 01-10, which includes the applicants latest proposed language because: 1. There have been two public votes where the voters of Fountain Hills have expressed their desire that this development,and particularly the development of a Target store,occur on the site. 2. The original intent of Section 7 of Ordinance 00-06 is being maintained. 3. Even if the terms of Section 7 were not modified, and the Target store closed, it would be very likely that a future Town Council would permit the division of the anchor tenant space so that the property could be utilized by other smaller businesses rather that maintaining an empty building. 4. The sales taxes generated from the site will benefit the Town. 5. The most recent proposed language, as included in Ordinance 00-10, incorporates the intent of the Planning and Zoning Commission recommendation, and is acceptable to staff, the developer, and Target. 06/07/2001 13:35 FAX TARGET CORP. 2 002/002 612.761.1559 TARGET CORPORATION L June 7,2001 VIA FAX 480-596-9399 Mayor Morgan C/o Trey Eakin(Barclay Group) Town of Fountain Hills 16836 E.Palisades P.O.Box 17958 Fountain Hills,Arizona 85269 Dear Mayor Morgan and Honorable Town Council Members: At the request of Trey Eakin,I would like to re-confirm to you and to the Town of Fountain Hills that Target remains,committed in its desire to open a store is your community. It was expressed to me yesterday that there is still some concern as to whether Target is or is not coming to Fountain Hills. Please let me assure you that Target has every intention of closing escrow simultaneously with Barclay Group in July 2001 and proceeding to a projected store opening on October 7,2002. We received full and final approval to fund this project on April 17,2001 from our Capital Expenditure Committee, which consists of our upper management and members of our Board of Directors. As you are probably well aware, over the past three years both Target and Barclay Group have spent hundreds of thousands of dollars to pursue this site through the entitlement process. , Barclay Group has proceeded to finalize all civil drawings, which should be approved by your Planning Department this month,as well as the Final Plat,which will go before Town Council on July 5th for approval. Both Target and Barclay Group were somewhat surprised when it was revealed to us at this late of date that members of the Town Council were expressing some concern as to whether Target was committed to this site. Had I known about this sooner, I would have gladly made arrangements to attend the Town Council hearing on Thursday, June 7, 2001. However, unfortunately prior commitments will not allow me to attend this hearing at this late date in time. Thus,I thought it was important to construct this letter to re-affirm Target's intentions. If you have any questions pertaining to our commitment to this site, please contact me directly at 612.761.1559. As always,we remain excited about opening a new store in the Town of Fountain Hills and being part of another successful Barclay development. S. ely, J nC.Grimes,Jr. egional Real Estate Manager Cc: Trey Eakin;Barclay Group Ralph Pew,(Via fax 480-461-4675) L W:1jcl;1azlfountainhills-6-7-01 Property Development 1000 Nicollet Mall,Minneapolis,Minnesota 55403 `9::. '�a'if`...:Frwa\;:i�i Yt€if Y < �njua�,M M'+4 t S `r� '!f', 'y`IF} "` k�� ..�, 1. �C:�� ��}�1h d�''��gr,f'`�.�-' 0 ti�� 2 L TOWN OF FOUNTAIN HILLS ORDINANCE 01-10 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING SECTION 7 OF THE "C-2 INTERMEDIATE COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT" AS ADOPTED BY ORDINANCE 00-06 THAT DESIGNATED 28.6± ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B", FROM THE "IND-2" LIGHT INDUSTRIAL ZONING DISTRICT TO THE "C-2 INTERMEDIATE COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT". 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 Lor WHEREAS, The Town of Fountain Hills adopted Ordinance #00-06, on April 6, 2000, which rezoned 28.6± acres of land, located southeast of the intersection of Shea Boulevard and Saguaro Boulevard from the"IND-2"Light Industrial Zoning District to the"C- 2 Intermediate Commercial Planned Unit Development Zoning District"; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOI JNDARIF.S THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the May 9, May 16, May 23, May 30 and June 6, 2001 editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on May 24, 2001 and the Mayor and Common Council on June 7, 2001; and Ordinance 01-10 Page 1 of 3 WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 99-23 to designate the land depicted in Exhibits "A & B" for General/Retail Commercial land uses, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1, That Section 7 of the "C-2 Intermediate Commercial Planned Unit Development Zoning District" as adopted by Ordinance 00-06 shall be amended so that 29.24± acres of land referred to in Ordinance 00-06, located southeast of the intersection of Shea Boulevard and Saguaro Boulevard and as legally described in Exhibit"A" and graphically depicted in Exhibit`B" shall be amended as follows: New text is shown as double-underlined and text proposed to be eliminated is shown as c,rusbud out: Section 7, The major and iiuuoi gi it.el anchor space,as shown in Exhibit"C"s shall not be physically subdivided divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet and s square tet, rLsp,ctiveIy. for the longer of five years beginning at the commencement date of the Fcnnnmic Development A eement a� �v between the Tnwn nf Fnnntain Hills and Barclay Hnlding XVII I.I.0 latest expires P and similar arrangements between the operating owner nr master nccnnant/lessee of the department flnnr area nf the major anrhnr spare Section 2, EFFECTIVE DATE: Ordinance 01-10 shall only become effective upon the recordation of the Economic Development Agreement, dated 2001 between the Town of Fountain Hills and Barclay Holding XVII. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Ordinance 01-10 `� Page 2 of 3 LArizona,this 7th day of June, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (//0:LAL/6 )24A/1. S aron Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: jdgi a . din, own Manager William E.Farrell,Town Attorney L Ordinance 01-10 Page 3 of 3 Town of Fountain Hills Memorandum DATE: May 31, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development' 1 THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Ordinance 01-11 that would amend Section 5.06(F)of The Zoning Ordinance for the Town of Fountain Hills to allow swimming pools and pool enclosure walls/fences to encroach into street side-yard setbacks if certain conditions are met. The Town recently denied a building permit application for a swimming pool and a pool enclosure wall that was proposed to be built within the street side-yard setback of a house located at the intersection of Kim and Centipede Drives in the "R1-10" Zoning District. The house was built in 1993 when the street side-yard setback was ten feet(10'). Late in 1993 the Town amended its zoning regulations and changed the street side-yard setback in the many of the Town's small-lot single-family zoning districts, including the R 1-10 Zoning District,to twenty feet(20'). The house on Kim and Centipede Drives was built so that one corner of the house observes a 10' street side-yard setback. Furthermore, the house was built at an angle on the lot such that there is a small, level area for a swimming pool to the rear of the house, but that area is within the street side-yard setback. Staff explained to the property owner that with the exception of gaining approval of a variance, the only way the Town could issue a building permit for the proposed swimming pool and pool enclosure wall to be built within the 20' street side-yard setback would be for the Town to approve an amendment to the zoning ordinance text. Since the Town's modification of the street side-yard setback in our smaller lot single-family zoning districts in 1993, the Town has denied property owners the ability to build swimming pools and/or pool enclosure walls/fences within the 20' street side-yard an estimated 50 times. Staff is concerned that zoning text amendments, such as the amendment proposed herein,that are sought to benefit an extremely small number of people contain elements of "spot zoning." Spot zoning actions are generally viewed upon with disfavor because decisions are made to benefit one property owner or a small number of property owners, and are generally inconsistent with Town-wide land use policies. The Town's 1993 action to increase the street-side yard setbacks in small-lot zoning districts was a reasonable, sound decision that has led to improved streetscapes and that has provided room to address future drainage,road design and road safety issues. While the proposed amendment does address most of the Town Engineer's concerns, and was written in a way to significantly reduce the number of properties that could qualify,the degradation of the streetscape aesthetics caused by full-height walls or fences closer than 20' to the street side property line cannot be mitigated. On May 3, 2001 the Town Council initiated this proposed amendment to Section 5.06 F of The Zoning Ordinance for the Town of Fountain Hills. Suggestions made earlier by the Town Engineer were included in the language that was initiated. L Town Council Memorandum May 31,2001 Pools/fences in SS Setbacks memo Page 2 of 2 (Ow On May24, 2001 the Planningand ZoningCommission held a public hearing and considered their recommendation to the Town Council regarding Ordinance 00-11. The Planning and Zoning Commission recommended Town Council denial of Ordinance 00-11 by a vote of 4-2. If the Town Council desires to allow swimming pools and pool enclosure walls/fences to be built within this setback area on corner lots and in a manner that would minimally affect other properties in Town,the following amendment to Section 5.06 (F) of The Zoning Ordinance of the Town of Fountain Hills would do so. Text to be added is shown as double-underlined. 5.06 Yard,Lot,and Area Requirements. F. Swimming Pools. Any swimming pool in any zone shall not be located in the required front or street side yard and shall be at least three (3) feet from any rear and interior side lot lines, and shall maintain side yard setbacks from the street side lot lines as required for the main structure in that zone. However, a new swimming pool and a new pool enclosure fence or wall (but not pool equipment) ma be built while o.servin• a street side-yard setback of between ten feet (10' and twenty feet(20')if all of the following conditions a'ni : 1. The property must be located within the"R1-10"Zoning District. 2. The development of a wall or fence must be a part of a new swimming pool building permit ap p lication in order for the wall or fence to be located within th- street side- and s-t.. k. 3. A single-family house must have been develo.-d on the property under a buildinexermit issued prior to November 18 1993 and the single-family house or a portion of the house not including unenclosed porches or patios) must have been built between the then minimum street side-yard setback line of ten feet (10') and the current street side-yard setback of twenty feet(20'). 4. No pool enclosure wall or fence shall, in the o pinion of the Town Engineer, be .ermitted within twenty(20')feet of a street-side property line if such a wall or fence: a. Infringes on vehicular sight lines,and/or is within 50' of a street intersection. b. Encroaches into any public utility easement.drainage easement or drainage flow path. c. Would be located in an area that would be needed for future road widening, sidewalks, slopes or improved drainage flow paths. d. Would be located in an area that would be needed for future utility lines, boxes or structures. e. Is located within a roadway"clear zone." f. Is needed to convey flood flows. 5. If all of the conditions as stated in subsections 1 through 4 above are met, a new swimming Wool and a new pool enclosure fence or wall (but not pool eauipmentl may be built while serving not less than the street side-yard setback of between ten feet(10')and twenty fee (20')as observed by the single-family house. For example, if a house in the"R1-8"Zoning District was built in 1990 and if one corner of the house was built observing a twelve (12') street side-yard setback a new pool enclosure wall or fence and a new swimming pool coul(111w d be built while observing a twelve(12')street side-yard setback.. TOWN OF FOUNTAIN HILLS ORDINANCE#01-11 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.06 F 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 ALLOW SWIMMING POOLS AND POOL ENCLOSURE WALLS AND FENCES TO ENCROACH INTO STREET SIDE- YARD SETBACKS IF CERTAIN CONTIDIONS ARE MET. 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 allow swimming pools and pool enclosure walls/fences to encroach into street side-yard setbacks if certain conditions are met,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; (1Iw WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.06 F 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 9, 16,23 and 30,2001 and on June 6,2001 and; WHEREAS, Public hearings were advertised in the, and in the May 9, 16, 23 and 30, 2001 and in the June 6, 2001 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 24,2001 and by the Fountain Hills Town Council on June 7,2001. 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 5.06 F of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double-underlined and text to be deleted shown as Ll ossed out. ORDINANCE 01-11 PAGE 1 OF 3 (law CHAPTER 5 GENERAL PROVISIONS 5.06 Yard,Lot,and Area Requirements. F. Swimming Pools. Any swimming pool in any zone shall not be located in the required front or street side yard and shall be at least three(3)feet from any rear and interior side lot lines,and shall maintain side yard setbacks from the street side lot lines as required for the main structure in that zone. However a new swimming pnnl and a new pool enclosure. fence nr wall (hut not pnnj twenty feet(7n')if all of the following onditions a�p1T The property must be located Within the"R i-i0"Inning Dis ct 7 The development of a wall nr fence must he a part of a new swimming pnnl building permit applicatioD 1 A sine-family house must have been developed on the property under a building permit (not including unenclnsed nnrches nr nat�ins) must have been built between the then minimum street side-yard setback line of ten feet (10') and the current street side-yard setback of twenty feet(20') L4_ Nn nnnl enclnsnre wall nr fence shall_ in the nnininn of the Town Engineer be permitted , a. , b. F.nrrnarhes into any public utility easement drainage easement nr drainage flow path C. Wnnld be lrxated in an area that would he needed for future road widening sidewalks slopes nr improved drainage flow paths d. Would he lora _in an area that wnnld be needed for future utility lines, ec nr ctnirtures e. is ate in a roadway"clear Anne„ f. Is needed to convey floral flows If all of the conditions as stated in subsections 1 thrnugh 4 above are met a new swimming pool and a new nnnl enclncnre fence nr wall (hurt not pool eq uipment) may he built while Observing not less than the Street side-yard setback of between ten feet (ln') and twenty GG „ Inning District was built in 1990 and if nne comer of the house was built nhcerving a twelve (17') street side-card setback, a new pool enclosure wall nr fence and a new swimming pnnl could he built while nhcerving a twelve(17')street side-yard setback (lbw ORDINANCE 01-11 PAGE 2 OF 3 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 7th day of June,2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (1,1 61VIA-A-&' Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: /A)//7/7 /" i( (-7 ,71,erat Paul L.Nordin,Town Manager Wi liam E.Farrell,Town Attorney L ORDINANCE 01-11 PAGE 3 OF 3 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: May 31, 2001 SUBJECT: Consider a Special Use Permit request, which would allow an automobile fuel dispensing facility to be located at the existing Fountains Car Wash located at 17115 E. Shea Blvd., aka Final Plat 704 Lot 3A; Case #S U P2001-03. On May 24, 2001, the Planning and Zoning Commission recommended approval of this special use request with a 4-2 vote. The Commissions primary concern was the location of the car wash and gasoline sales directly adjacent to the existing Texaco gasoline and car wash facility. The Commission also had concerns with the impacts this use will have on the adjacent residential properties. It was discussed that there will be some additional noise trespass to the Firerock Resort Casitas property due to the removal of the existing deli structure. With the recommendation of approval, the Planning and Zoning Commission also recommend ten stipulations. Please refer to the staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT L June 7, 2001 CASE NO: SU2001-03 LOCATION: 17115 E. Shea Blvd.; aka. Final Plat 704, Lot 3A CASE MANAGER: Dana Burkhardt, Senior Planner REQUEST: Consider a Special Use Permit request which would allow an automobile fuel dispensing facility as an accessory use to an existing car wash facility in the "C-2" Intermediate Commercial Zoning District. DESCRIPTION: APPLICANT: Jeff Francis OWNER: F&S Oil II, LLC EXISTING ZONING: "C-2" Intermediate Commercial Zoning District EXISTING CONDITION: Existing car wash and convenience deli (iklPARCEL SIZE: 43,693 sq. ff. r SURROUNDING LAND USES AND ZONING: NORTH: Shea Blvd and commercial retail plaza; zoned "C-1 " SOUTH: Cereus wash and Firerock resort Casitas; zoned "R-5" EAST: Texaco; zoned "C-2" WEST: Comfort Inn; zoned "C-2" SUMMARY: This request is for approval of a Special Use Permit, which would allow for an automobile fuel dispensing facility located at 17115 E. Shea Blvd. Gasoline sales facilities are permitted in the "C-2" Intermediate Commercial Zoning District with an approved Special Use Permit. The existing use of this property is an automobile laundry and convenience market and deli. The owner proposes to remove the existing deli and convenience market structure and expand the existing canopy of the carwash dry-off area to include eight fuel dispensing pumps. In addition to the eight fuel dispensing pumps under the dry-off canopy, the applicant is proposing four gas (16.., pumps located at the stacking lanes of the existing car wash entrance. Staff understands that in an effort to control the potential overabundance of gas stations along Shea Boulevard, particularly at the entrance of the Town, Town Council recently amended the Zoning Ordinance to require a Special Use Permit for such use. This is the first application the Town has received for such a request, (ittie Staff suggests that the Council develop a policy under which to review these special use requests, to establish a basis for approval or denial of such applications. Staff is aware of at least two more applications for gas stations may be applied for on Shea Blvd. in this vicinity. The existing use of this facility is automobile oriented, staff does not foresee any detrimental impacts this use may cause on the adjacent properties. Staff has not received any letters of opposition to this request as we have provided all mechanisms of public notification. The applicant is requesting hours of operation between 5a.m. and 12a.m. daily. On May 24, 2001, the Planning and Zoning Commission discussed this request for gasoline sales. The Planning and Zoning Commission recommends approval of this application with a 4-2 vote. The Commissions primary concern was the location of the car wash and gasoline sales directly adjacent to the existing Texaco gasoline and car wash facility. The Commission also had concerns with the impacts this use will have on the adjacent residential properties. It was discussed that there will be some additional noise and light trespass to the Firerock Resort Casitas due to the removal of the existing deli structure. For this reason, staff is adding the stipulation that the applicant raise the existing screen wall located along the rear property line up to the required eight (8) foot height. Raising this wall should provide effective site screening and mitigate some adverse impacts on the adjacent residences. Carl Bommerito, from MCO Properties spoke in opposition to the gasoline sales request. EVALUATION: The proposed site plan will require some minor adjustments to the drive aisles adjacent to the gas pumps if this Special Use is approved as presented. Those concerns will be addressed at the time of building permit. The Planning & Zoning Commission recommend approval of this request with the following stipulations: 1) Town Council approval is required if the property owner wishes to alter the locations or nature of the gasoline sales as it has been presented with this request. 2) The applicant shall raise the existing screen wall to eight (8) foot in height for the full extent of this property. 3) Total allowed signage for entire site shall not exceed 80 square feet. The applicant has proposed 78 square feet with this application. Breakdown: • Monument:24sq. ff. • Fountains Car Wash: 39sq. ff. • Gas: 2each at 7.5: 15sq. ff. Total proposed signage: 78sq. ff. (kw. 4) Limit hours of operation, applicant proposes 7 a.m. to 8 p.m. (car wash facility hours). 5) Materials textures and architectural treatments shall be as shown on architectural rendering. 6) Canopy height, as measured from finished grade to the lowest point on the canopy fascia cannot exceed 13 -9 , overall maximum building height is 17'. 7) All display items for sale, including gas pump advertising and any other advertising is not permitted unless it occurs inside the main bldg, not visible from public streets. 8) Gas tank vents shall be an integral part of the building design in terms of form, color, and texture. 9) Provide exterior lighting plan that does not allow any light trespass beyond the rear of the project or toward the adjacent residential properties. 10)Pump islands shall be designed to minimize visual clutter by organizing and consolidating the various pump island components. The diagram below illustrates a recommended solution (courtesy of City of Scottsdale): HEIGHT CANOPY AND PIJMP ISLANDS RELATIONSHIPS: 17'4 ,.OVERALL HEIGHT t • -Ceiling rs sr-r---Bottom of Fascia OPAOUE UGHT LENS FLUSH WITH,OR -Motor home(Typical) RECESSED IN,CEIUNG FUEL DISPENSER AND PAYMENT POINT tr • TRASH RECEPTACLE • WINDOW WASH I S- ' I -Automobile �/ `- ._ -Bollards xertt s. c. eic WOK". .\V 1 � �� o_Curb L . f i TOWN OF FOUNTAIN HILLS t� .- / COMMUNITY DEVELOPMENT DEPARTMENT L ,-` � _SQ:ECIAL- 1SETPERM[ APQCItATION A lg.: Date Filed .3/ o )) 0 ( Fee Paid _ aivF uv Accepted By 4 Type of Special Use Requested Ti 2cwPi«x _ /2 arRETAt t. GAsou, g SALES— PtCresSORy. USE. It) CA 1)AS H Address of Subject Property Zoning ,t), `60 17116 E . SHE4 --60) . C-1 ,A Legal Description: Plat Block Lot(s) 4 r/ D4 MGR. I4O —32 r H 70ci SPLIT of LOT'3 c9' / Applicant ,�^ Day Phone I1100 V F t E.)S 01 L , LLG J'`�FF cln F ,Asjc ,S - 450 Bato-ZOO Address rims a slim . City rd4)01 a Rug tt SA2 Zits Owner D y Phone tS OIL 1I, . Yo 7EFF FRAMUS Address _i- vQ yviAtize. ls• City sm b.EGo STD Zip qL9 Sign- - e of Owner i I HERBY AUTHORIZE(Please Print) Date 111 _ / M. • CDSC. 120Ve. _ TO FILE THIS APPLICATION. .3/2V12•6149 t An k Subscribed and sworn before me this '- ` day of U` ri 49.: &./ My Commission •'r s / / /0 i °' otary P - �.� nDOUGLAS fiikETZ � �� Notary Public - ArizonaMaricopa County `;f .l)My Commtas on Exp+re5 I Please Provide the Following (attach additional sheets): ' Inr +u 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 432, 1,44lEfs 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 ,,,,a Schedule Attached SU v�) r -o a Proposed Redevelopment of Fountains Car Wash 17115 E. Shea Blvd., Fountain Hills, Arizona 85268 (kw The proposed changes of the use of the subject property are the removal of the existing structure known as the "convenience store and deli" to allow for addition of self- service gasoline pumps in that location and at the north entrance of the car wash building where the existing vacuum facilities are now located. This redevelopment of the existing facility will be aesthetically pleasing and compatible with existing structures and architecture and constitutes a compatible ancillary use in conjunction with the current operation. The proposed change also reduces the building mass of the existing facility by removing the existing structure and replacing it with a "see through" canopy. The community benefits from this change by allowing car wash customers to buy gasoline with wash services--at the same time and at the same location. This change will be comprised of new, high-tech gasoline storage and dispensing equipment which is "state of the art" and designed to be environmentally safe and dependable. In order to serve the existing car wash clients with this requested gasoline service, the operator must also be able to sell gasoline to the general public in conjunction with the operation of the convenience store. Market forces dictate that the operator must be able to sell enough total gasoline volume in order to secure gasoline suppliers on favorable terms and at competitive prices. Economies of scale also dictate that a certain gasoline volume needs to be achieved to make the capital investment required for the equipment economically feasible. From a business standpoint, the proposed change allows the current car wash operator the ability to compete with another enterprise that has entered the marketplace. Approving this proposed change "levels the playing field" and helps sustain a local business that would otherwise find it difficult to survive. The attractive aesthetics and subdued commercial appearance of the project should be acceptable to the general public. The proposed use should not create any adverse impact for the surrounding properties or neighborhood, since the dominant use, that being the car wash, will not change and there currently exists a twenty-four hour gasoline facility next to the subject location. The proposed gasoline use will coincide with the same hours of operation that the car h and convenience store now maintain. We ask that you consider the reasonableness of this request and approve this proposed change. Thank you. 05/21/2001 16:43 6026714660 COSGROVE PAGE 02 TOWN OF FOUNTAIN HILLS (Nov Planning & Zoning-Case SU2O01-03-Jo tains Car Wash 17115 E. Shea Blvd. RE; Request for "Special Use Permit" to allow gasoline sales; ancillary use to the existing Fountains Car Wash and convenience store/deli facility. 1. One of the issues that has been raised centers on the question of adding gasoline stations alongShea Blvd. Between the Beeline Highway anti Saguaro Blvd. Staff indicated that additional requests may be planned for the future. There exists a fundamental difference between this current request and the potential future stations. The car wash operation had originally planned to offer gasoline to its customers at the time of its conception. There was a dead restriction placed upon the land to reserve gasoline to the Texaco operation that was being built on the adjacent lot. When that property changed ownership, the restriction was removed. Unfortunately for the Fountains Car Wash, no restriction had been placed upon the Texaco property to prohibit a car wash, which now exists and competes directly with the applicant's facility. The fundamental difference is that this full service car wash is presently in operation and is asking to offer a product-.gasoline-that virtually all other car washes are allowed to provide to its customers. We are not asking to build a gasoline station or expand beyond the current hours of operation. We are asking to add 48 square feet villy of gaso line pumps, while at the same time we are removing over 2400 square feet of building. The gasoline pumps cover less that one-half of one percent of the total site area.A "see-through" canopy will be constructed to shade the pumps and provide Cover for the car wash detail area. The staff cannot f ,cl any detrimental impact to this proposed change and the neighbors in the Firerock Casitas voiced no opposition to the addition of gasoline at this location. Silage will be muted and minimal and all design criteria will match the existing facility. Half of the gasoline pumps will be located at the stacking lanes to time car wash and the other four pumps will be located in the detail area and available for use by non-car wash customers. Again, we must emphasize the need to sell a reasonable amount of gasoline in order to spread a portion of the capital and operating costs. This can only be achieved by offering gasoline to the public. It is hoped that the level of gallons sold will be sufficient for the operator to attract a supplier at a reasonable Price. Approving the addition of a product-gasoline_for sale in conjunction with the operation of a car wash will set no precedent for the approval or denial of gasoline fueling stations in the future. You are, by your approval of this use permit, allowing an existing business to compete "On a level playing field" with other Imminence in the law inure''ate area and in a manner .that is consistent with other car wash operations throughout the state. Thant you. i•t, ■ voN1 M 0 Hai i Dm Zo11 :HI Hi I! I 13 I Llij — e � ii itiI . i _ _ r - O z N W Ili: r • -ii r 0 o E V (b -u.'1- " 4=.` I Mil on c, r. Z u.s 1 DM 1 5111 i X Z ... g d :1 4 i CD 0.11CD av lie mai a, 4.,a - in aal MUM sat bitUIRMIO semi A alga 210 j. \"""">41 , , 44 4 w • • CM lye * C i �s :=1 I 1 r__-J adi I� _ aa III i 0 I I r - 1..:—0 k e. 1 0 1 I I- ".,4! t. L : 1 ..3 A ,�rVia 1tI. ill IIA •io I I - A. i. i I I I I, r .me • . Lb as 01 i of a A mils 2 02 I _— ill oweV) NJ aew1 1 0s L 0 ■ c\- I : j • Ji lef tLi) - r: 1►.i''rl I L:,4 I ' -- ' / J_ LT-1rlil!r•.I 0 = o 4 1 N W i 1 ti,,i,, I.I, rt Oc:' mW� i Li. N o.< I I • g co.) i 1� ill— I O x I,I.I'�I I'14.1; E0 I O fir"'o i 1 ID— E '11771.7NE:iiii'ii.i.1; 1 owl i■•n J box W t E 41)ono lif MO M ow'ra al L 3fa—. • I I 8I•. . . Iz i e a 44 z te . 1 .. . a 1 �; I U. , MIT I , I O� a A t as ca I aD�� - MIMEi 04 I i 1,.....1 I r't.i.I' i •••• is rA 0 E !.' '11 amemung p;•:.:.ii:iiiii:i.ii:iii::„igi:::.: (110..„ i i I i . - I 1 ' ..... .. I I 11 i I 1 : 06/06/2001 10:49 6026714660 COSGROVE PAGE 02 siktvvrugss TO:Fountain Hills Mayor and Town Council We,the undersigned,request that you approve SUP2001-03 (Fountains Car Wash, 17115 E. Shea Blvd.,Fountain Hills,Arizona)which will allow this facility to offer gasoline to its customers,making it a"Full Service"car wash. We are in complete support of this request and feel that this project will be an added benefit to Fountain Hills. Thank you. NAME ADDRESS TELEPHONE -391/ 7d 9' Nil �. 1 G e • . ' --8i ,—o14(2, 0(4ec 6ei oliey- t c72 . KtPL1 rqi-- t\ 7- l`1'6 r AGLc.vo f.tt 8571-19 6 ' M 7\I.j fi)r?0.1 fkAi . 5. v a r G g3Y- �� L Gil 7` J iA r..r.-_ d 1 i 1 v"' "'l ,l 6o ,3 —V 1 VS (jo SrW.1.4 ' L 3 m't Sac K 1.S...i.. A), • 0204 tut, "777-71:!2:,/' 41ILL �.. r`� �2=�1 e r� - �.. �-- 1.�'l U c1,6" feril « - (coAi 7-inze6 5-7 (}11.5 lert7 03 7 - �.. fK (9 /er 0'7,6( Agadd� 06/©6/2a©1 10:51 6026714660 COSGROVE PAGE 01 LTO: Fountain Hills Mayor and Town Council We,the undersigned,request that you approve SUP2001-03 (Fountains Car Wash, 17115 E. Shea Blvd.,Fountain Hills,Arizona)which will allow this facility to offer gasoline to its customers,making it a"Full Service"car wash. We are in complete support of this request and feel that this project will be an added benefit to Fountain Hills. Thank you. NAME ADDRESS TELEPHONE 1-46r, -,fpcc� fzi,i--- f� PAcelf /A-J 1/ �o.)s.7- '45I!►'lc rim1 7 E Pa v,mow f�� f t < 61S �� C C 1 l S C 1-n J�1 g 5 ./0 r (4-/Vjg5.7-4/6z6 Zee a ��14 4c./P ZL111sr c)&vL , ktua efesu.P lea-pt t, i 4 , 14/, D t/ Al 74 r ,t'l i 77 .r i~ z — J G--6.90S-: P5REO-4 1)1E7( /.c7L I ,r3 I/777 t= cif F 6—?h4`- r:4-C g-or f-ii- -e.„ t7Y3 ` li ulfp 17r, p. f4, i$Y% 3 37- 7??0 wt tcosn -o-- r k C4 -a ad.- (c 11,50s E Lc�S.eY D - Q ! 5 14$0 -- b 57-03a1 3e.cc Mn.,-4 NXA-7-71_ -s_ 5 °A} /.1 -7, 7 C4P TA F ff ig3 6-- ,?6,1 1,3 al/ /7©53 6 ✓' z/�©_ 7- 307 4 • : . fl'�8 KA CC or ri- 4/go Pao7- y.9f 0(60 a is tru /J Q.-O Hal,orY)i m n bi_kir) Fij 480 8-7-6 y I J--- l'az t19 0 kiy p9 77af j ix i(i,,,to 4)X/ J/j- 4ffs- 44 - 715" DwisE 5LDAr i (34 N c� - /J)jQ) (lo-r3�-g pA-L SL 01-N i q i t)n _ Fp1 I1.5 , -(3-1 7o 7 ibio 23AgfJJ4--- .' /$337 -( -o-7-vBA lit ?37 - 7S-43 Wilt '%pL.n J i np f. -51,e b cigio. ',..7a 34,- 93 �3 .I Perna-..diz I7tu, t ela 1°,20 to!0 939 3 -. ,LJ I1 v/4 ' pt Lr,.. S . at 6 - I y kg6 6er ea2zint--;7(1_, !6 ep 2 T IV bkr;:,A, i :-2,.', - .i.-- ...;,:i,/, _ ::: ‘: . o .. Mk E., . A) •,_ V a W+or i 37 - at , . ,IOA� J YYl . �,ntn V 1 ►00 . ShQ a RiLl 0 .= 400 i3 ci ici TO: Fountain Hills Mayor and Town Council We,the undersigned, request that you approve SUP2001-03 (Fountains Car Wash, 17115 E. Shea Blvd.,Fountain Hills,Arizona)which will allow this facility to offer gasoline to its customers,making its a"FULL SERVICE"car wash.We are in complete support of this request and feel that this project will be an added benefit to Fountain Hills. Thank You. NAME ADDRESS TELEPHONE fYIDF� �`�ec��r\ :� 11c1Q to E 1/U-83(L -io)c) 9 e, L s ems-- u A- i [c0-- -(pZf ancy N)C,h Dt 4018- Sh.1 I oh ka o £? f-20272_ Or owt Wp_e C troI�2 !40¢) )0n.,1(43,,Lte_ -Von)N(N L-I 13-7 t. $ ke: 46O -F 'G-a v7 y ' iO- iiai /ra. De Lig. nti -por 1 1 its J . 8 -107c9-7/ 6 it 4/41110 GDIdenatcyledd Lk3 #113 4146,d6u (//0 5-41V7 a`f3` S l / /,r MA-vce, is-2,26 z tc 5-- ,157) a 0 r _ ailf✓ , /��� 1,i VY2) ' o O /S (6/ J ey ((0 )-,(2 froiv-a-, i '-W2 AMENDED AND RESTATED (rnow ECONOMIC DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED ECONOMIC DEVELOPMENT AGREEMENT (the "agreement"), made and entered into this 7th day of June, 2001, by and between the Town of Fountain Hills, a municipal corporation in the State of Arizona, hereinafter known as "Town" and Barclay Holdings XVII, L.L.C., an Arizona Limited Liability Company, hereinafter known as "Barclay Group" hereby agree as follows: WHEREAS, A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of the Town; WHEREAS, on or about October 19th, 2000, the Town Council did approve that certain (kw Economic Development Agreement with Barclay Group respecting the "Barclay Group Project" (defined below); WHEREAS, on or about October 19th, 2000, the Town did execute that certain Economic Development Agreement but Barclay Group, although agreeing in principle to the same, did not execute such original Economic Development Agreement (the "Original Agreement"); WHEREAS, the Town Council had made and hereby makes such findings in relation to certain real property, more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "Barclay Group Project"; and WHEREAS, the parties wish to amend and restate in total the Original Agreement by execution of this agreement. 1. That the Town, subject to the constitution and the laws of the State of Arizona and the applicable political subdivisions thereof, shall reimburse Target (defined below) a sum of 388997 Page 1 of 7 money not to exceed Nine Hundred Eighty-Nine Thousand Dollars ($989,000) over a period of (kw time as and for the development of retail sales and other business activity on the real property described in Exhibit "A" and known as the Barclay Group Project. Barclay Group hereby absolutely and unconditionally directs the Town to make such reimbursement directly to Target and hereby forever releases, waives any rights, relinquishes and holds harmless the Town for, from and against claims by Barclay Group, its successors and assigns with respect to such payments to Target. The amount set forth herein shall be reduced if and in the event that an adjacent land owner either reimburses Barclay Group directly or otherwise pays for or makes physical improvements in relation to the Technology Road improvements that would otherwise be required to be made by the Barclay Group. The parties agree to meet upon the dedication and acceptance of the Technology Road improvements and to determine whether or not any reimbursement, payment or donation has been made and the amount or value of such action. The ("kw fl parties shall then amend this paragraph to reflect the reduction in the amount of the economic incentive. 2. This agreement shall be effective upon execution by all parties and payment shall begin on the first day of the month in which Target Corporation, a Minnesota corporation, qualified to do business in Arizona as Target Stores, Inc. ("Target") (c/o Target Corporation Property Management, Attn: Property Administrator, 1000 Nicollet Mall, Minneapolis, MN 55403), commences business with the general public at its place of business on the Barclay Group Project land in at least 100,000 square feet of improvements. Barclay Group agrees from time to time to ratify its disclaimer as to any interest in the right to receive payments hereunder made to Target. 3. The Town shall upon execution of this agreement establish a baseline amount i the first dayof that month in which Target opens for business, which baseline amount effective g p 388997 Page 2 of 7 shall consist of the total amount of local sales tax paid by all retail businesses within the Town, Coe outside of the Barclay Group Project, in Standard Industrial Classification codes 52-59. 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create, by this agreement, any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. 5. The Town, Barclay Group and Target hereby agree and acknowledge that after the initial starting date, the annual anniversary date can be established as of March 31st in the year following the commencement of business by Target, and shall be the 31 st day of March for each consecutive year thereafter. The Town shall collect the required information from confidential records provided to the Town by Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: (lbw n a Transaction privilege tax received in Ja u ry, February or March shall be tabulated and payment due, if any, shall be made on or before May 25th Transaction privilege tax received in April, May or June shall be tabulated and payment due, if any, shall be made on or before August 25th Transaction privilege tax received in July, August or September shall be tabulated and payment due, if any, shall be made on or before November 25th Transaction privilege tax received in October, November or December shall be tabulated and payment due, if any, shall be made on or before February 25th Town, Barclay Group and Target agree and understand that the information, which shall be used as the basis for determining this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer, whether an owner or tenant, in the Barclay Group Project, shall be asked by Barclay Group to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. Failure to sign agreement(kw means that anysales tax collected andpaid bythat merchant shall the confidentiality 388997 Page 3 of 7 be included in the Town's calculations, but that neither Barclay Group nor Target shall have any (kkow right to examine or review the Town's calculations. 6. Target shall be entitled to an amount equal to fifty percent (50%) of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 7. At each March 31st anniversary date, or as soon thereafter as possible, the Town shall determine whether or not transaction privilege tax collections from all other merchants in the retail classification have increased or remained constant. Should the determination be made that the base amount has increased or remained constant, then the Town shall continue the fifty percent (50%) payment. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar-for-dollar proportional reduction in the obligation of the Town to Target provided, however, that in no event shall the payment obligation from the Town to Target be less than twenty-five percent ° transaction rivile e tax annuallycollected from BarclayGroupProject merchants. (25/°) of the privilege J The reduced payments shall continue for four (4) consecutive periods until the next anniversary date at which time a new baseline amount shall be determined and shall be compared to immediately previous anniversary date and a new staff recommendation shall be made in accordance with this paragraph. 8. The term of this agreement shall continue until the earlier of(i) that date Target has received the full amount of economic development compensation referred to in Paragraph 1 or(ii) ten (10) years from the first payment made hereunder or(iii) Target delivers written notice to the Town and Barclay Group that Target unilaterally terminates and waives all right to future economic development compensation under this agreement, whereupon this agreement shall terminate absolutely except for any earned but then unpaid compensation. Barclay Group hereby irrevocablyconsents to, and BarclayGroupand the Town each acknowledge that Target may 388997 Page 4 of 7 unilaterally terminate the economic development compensation and this agreement at any time. Upon such termination, the parties shall execute and deliver a release on request of Target. 9. The Town agrees that Barclay may assign all its rights and obligations under this agreement, if any, to KIMCO Barclay Fountain Hills L.P., an Arizona limited partnership in which Barclay Group is a partner, provided, (1) KIMCO Barclay Fountain Hills L.P. delivers a written notice of such assignment and assumption to the Town with a disclaimer of the economic development compensation to be paid to Target; and (2) at the time of such assignment and assumption, KIMCO Barclay Fountain Hills L.P. is the owner of the Barclay Group Project other than the Target parcel. 10. This agreement shall constitute the entire agreement of the parties as to the matter of economic matter incentives, and shall not be amended or modified except by written agreement authorized and executed with the same formality as this agreement. The benefits of this agreement shall inure to Target, its successorsand assigns. ns.g 11. This agreement shall be interpreted under and controlled by the constitution and the laws of the State of Arizona and the applicable political subdivisions thereof, and is specifically subject to the provisions of A.R.S. § 38-511. 12. This agreement amends and restates the Original Agreement in its entirety. DONE the day and year first above written. 388997 Page 5 of 7 FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor Paul L. Nordin, Town Manager Cassie B. Hansen, Town Clerk William E. Farrell, Town Attorney (kw BARCLAY HOLDINGS XVII, L.L.C.: By: Scott Archer, Manager ACKNOWLEDGED TARGET: TARGET CORPORATION By: Name: Its: (laiw 388997 Page 6 of 7 STATE OF ARIZONA ) (kiw ) ss County of Maricopa ) ACKNOWLEDGED before me, a notary public, this day of 2001 by Scott Archer, Manager, an individual authorized to sign on behalf of Barclay Holdings XVII, L.L.C., known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: STATE OF ) ) ss County of ) ACKNOWLEDGED before me, a notary public, this day of 2001 by , an individual authorized to sign on behalf of Target Corporation, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: r 388997 Page 7 of 7 AMENDED AND RESTATED (isw ECONOMIC DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED ECONOMIC DEVELOPMENT AGREEMENT (the "agreement"), made and entered into this 7th day of June, 2001, by and between the Town of Fountain Hills, a municipal corporation in the State of Arizona, hereinafter known as "Town" and Barclay Holdings XVII, L.L.C., an Arizona Limited Liability Company, hereinafter known as "Barclay Group" hereby agree as follows: WHEREAS, A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of the Town; WHEREAS, on or about October 19th, 2000, the Town Council did approve that certain Economic Development Agreement with Barclay Group respecting the "Barclay Group Project" (defined below); WHEREAS, on or about October 19`h, 2000, the Town did execute that certain Economic Development Agreement but Barclay Group, although agreeing in principle to the same, did not execute such original Economic Development Agreement (the "Original Agreement"); WHEREAS, the Town Council had made and hereby makes such findings in relation to certain real property, more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "Barclay Group Project"; and WHEREAS, the parties wish to amend and restate in total the Original Agreement by execution of this agreement. 1. That the Town, subject to the constitution and the laws of the State of Arizona and the applicable political subdivisions thereof, shall reimburse Target (defined below) a sum of 388997 Page 1 of 7 money not to exceed Nine Hundred Eighty-Nine Thousand Dollars ($989,000) over a period of (bw time as and for the development of retail sales and other business activity on the real property described in Exhibit "A" and known as the Barclay Group Project. Barclay Group hereby absolutely and unconditionally directs the Town to make such reimbursement directly to Target and hereby forever releases, waives any rights, relinquishes and holds harmless the Town for, from and against claims by Barclay Group, its successors and assigns with respect to such payments to Target. 2. This agreement shall be effective upon execution by all parties and payment shall begin on the first day of the month in which Target Corporation, a Minnesota corporation, qualified to do business in Arizona as Target Stores, Inc. ("Target") (c/o Target Corporation Property Management, Attn: Property Administrator, 1000 Nicollet Mall, Minneapolis, MN 55403), commences business with the general public at its place of business on the Barclay rr Group Project land in at least 100,000 square feet of improvements. Barclay Group agrees from time to time to ratify its disclaimer as to any interest in the right to receive payments hereunder made to Target. 3. The Town shall upon execution of this agreement establish a baseline amount effective the first day of that month in which Target opens for business, which baseline amount shall consist of the total amount of local sales tax paid by all retail businesses within the Town, outside of the Barclay Group Project, in Standard Industrial Classification codes 52-59. 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create, by this agreement, any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. (111W 388997 Page 2 of 7 5. The Town, Barclay Group and Target hereby agree and acknowledge that after (taw the initial starting date, the annual anniversary date can be established as of March 31 st in the year following the commencement of business by Target, and shall be the 31 st day of March for each consecutive year thereafter. The Town shall collect the required information from confidential records provided to the Town by Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: Transaction privilege tax received in January, February or March shall be tabulated and payment due, if any, shall be made on or before May 25t" Transaction privilege tax received in April, May or June shall be tabulated and payment due, if any, shall be made on or before August 25th Transaction privilege tax received in July, August or September shall be tabulated and payment due, if any, shall be made on or before November 25th Transaction privilege tax received in October, November or December shall be tabulated and payment due, if any, shall be made on or before February 25tn Town, Barclay Group and Target agree and understand that the information, which shall be used as the basis for determining this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer, whether an owner or tenant, in the Barclay Group Project, shall be asked by Barclay Group to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. Failure to sign the confidentiality agreement means that any sales tax collected and paid by that merchant shall be included in the Town's calculations, but that neither Barclay Group nor Target shall have any right to examine or review the Town's calculations. 6. Target shall be entitled to an amount equal to fifty percent(50%) of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 7. At each March 31 st anniversary date, or as soon thereafter as possible, the Town shall determine whether or not transaction privilege tax collections from all other merchants in 388997 Page 3 of 7 the retail classification have increased or remained constant. Should the determination be made that the base amount has increased or remained constant, then the Town shall continue the fifty percent (50%) payment. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar-for-dollar proportional reduction in the obligation of the Town to Target provided, however, that in no event shall the payment obligation from the Town to Target be less than twenty-five percent (25%) of the transaction privilege tax annually collected from Barclay Group Project merchants. The reduced payments shall continue for four (4) consecutive periods until the next anniversary date at which time a new baseline amount shall be determined and shall be compared to immediately previous anniversary date and a new staff recommendation shall be made in accordance with this paragraph. 8. The term of this agreement shall continue until the earlier of(i) that date Target has received the full amount of economic development compensation referred to in Paragraph 1 or(ii) ten (10) years from the first payment made hereunder or(iii) Target delivers written notice to the Town and Barclay Group that Target unilaterally terminates and waives all right to future economic development compensation under this agreement, whereupon this agreement shall terminate absolutely except for any earned but then unpaid compensation. Barclay Group hereby irrevocably consents to, and Barclay Group and the Town each acknowledge that Target may unilaterally terminate the economic development compensation and this agreement at any time. Upon such termination, the parties shall execute and deliver a release on request of Target. 9. The Town agrees that Barclay may assign all its rights and obligations under this agreement, if any, to KIMCO Barclay Fountain Hills L.P., an Arizona limited partnership in which Barclay Group is a partner, provided, (1) KIMCO Barclay Fountain Hills L.P. delivers a written notice of such assignment and assumption to the Town with a disclaimer of the economic 388997 Page 4 of 7 development compensation to be paid to Target; and (2) at the time of such assignment and thw assumption, KIMCO Barclay Fountain Hills L.P. is the owner of the Barclay Group Project other than the Target parcel. 10. This agreement shall constitute the entire agreement of the parties as to the matter of economic matter incentives, and shall not be amended or modified except by written agreement authorized and executed with the same formality as this agreement. The benefits of this agreement shall inure to Target, its successors and assigns. 11. This agreement shall be interpreted under and controlled by the constitution and the laws of the State of Arizona and the applicable political subdivisions thereof, and is specifically subject to the provisions of A.R.S. § 38-511. 12. This agreement amends and restates the Original Agreement in its entirety. DONE the day and year first above written. L Loy. 388997 Page 5 of 7 FOR THE TOWN OF FOUNTAIN HILLS: (kw t(114 Sharon Morgan, Mayor /7( Paul L. N rdin, Town Manager (AAA:LA- ti AAA-4 Cassie B. Hansen, Town Clerk gel9C(440k William E. Farrell, Town Attorney (illy' BARCLAY HOLDINGS XVII L.L.C.: By: Scott Archer, Manager ACKNOWLEDGED TARGET: TARGET CORPORATION By: Name: Its: (haw 388997 Page 6 of 7 STATE OF ARIZONA ) ) ss County of Maricopa ) ACKNOWLEDGED before me, a notary public, this day of 2001 by Scott Archer, Manager, an individual authorized to sign on behalf of Barclay Holdings XVII, L.L.C., known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: STATE OF ) ) ss County of ) ACKNOWLEDGED before me, a notary public, this day of 2001 by , an individual authorized to sign on behalf of Target Corporation, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: L 388997 Page 7 of 7