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Home My WebLink About2001.0906.TCRM.PacketNOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Vice Mayor Wyman Councilwoman Fraverd Councilwoman Hutcheson WHEN: THURSDAY, SEPTEMBER 6, 2001 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B Councilman Kavanagh Councilwoman Ralphe RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 .14 to Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER — Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION — Pastor Don Lawrence — Christ's Church of Fountain Hills • ROLL CALL Mayor's Report: Mayor Sharon Morgan will give an update on: ♦ the medical condition of Town Manager Paul Nordin the Town's recent receipt of the Certificate of Achievement for Excellence in Financial Reporting .... recent developments with the FAA and aircraft traffic over Fountain Hills Town of Fountain Hills Page 1 of 3 Last printed 09/05/01 11:41 AM 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 August 16, 2001. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for a Family Oktoberfest scheduled for Friday (5:00 p.m. to 10:00 p.m.), Saturday (11:00 a.m. to 10:00 p.m.), and Sunday (11:00 a.m. to 6:00 p.m.), October 5, 6 and 7, 2001. The event will occupy the west portion of Fountain Park and a section of Saguaro Boulevard between Parkview and El Lago Boulevards requiring a street closure. *3.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the Chamber of Commerce for a fund raiser during the Oktoberfest activities scheduled for Friday, October 5 from 5:00 p.m. to 10:00 p.m.; Saturday, October 6 from 11:00 a.m. to 10:00 p.m.; and Sunday, October 7 from 11:00 a.m. to 6:00 p.m. *4.) Consideration of the SPECIAL EVENT REQUEST submitted by Tin Pan Alley Charitable Fund, Inc. for the Tin Pan Alley Charity Ride & Music Fest to be held at Gonzo's, 17149 E. Amhurst Dr., on Sunday, October 14, 2001 from 11:00 a.m. to 9:00 p.m. No street closures are required. *5.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Tin Pan Alley Charitable Fund, Inc for a charitable fundraising event to be held at Gonzo's, 17149 E. Amhurst Dr., on October 14, 2001 from 11:00 a.m. to 9:00 p.m. *6.) Consideration of an ENDORSEMENT of the bingo license application submitted by the Senior Services of Fountain Hills to be used at the Senior Center building located at 16957 Kiwanis Drive. *7.) Consideration of an INTERGOVERNMENTAL AGREEMENT with Maricopa County for five (5) years to allow the Town of Fountain Hills to become a user of the Maricopa County Motorola SmartZone Radio System providing Fountain Hills Law Enforcement with County -wide coverage for radio communications as well as five channels on the Thompson Peak repeater. This IGA replaces the original agreement with the County dated September 5, 1996 that expires 9/5/2001. *8.) Consideration of APPROVING THE DONATION of outdated and surplus cellular telephone equipment to a joint project of the Governor's Office, Arizona Association of Chiefs of Police, Motorola, AllTell Communications, Swift Transportation and the Arizona Foundation for Women to provide emergency communications for victims of domestic violence. All donated equipment will be refurbished then distributed through law enforcement and social service agencies. *9.) Consideration of APPROVING the proposed Parks and Recreation Facility Fee Schedule and Facility Fee Waiver Policy. *10.) Consideration of ORDINANCE 01-16 amending the Town Code, Chapter 9 Parks and Recreation, Article 9-1, Parks and Recreation Department, eliminating Section 9-1-3(G) Rules Relating to Golden Eagle Park and Section 9-1-3(H) Rules Relating to the Off -Leash Recreational Facility; eliminating Section 9-1-5 Consumption of Alcohol at Golden Eagle Park; and adding Section 9-4-1 Purpose and Intent; Section 9-4-2 Consumption of Alcohol at Town -Owned Parks; and 9-4-3 Rules and Regulations at Town -Owned Parks. *11.) Consideration of the PRELIMINARY AND FINAL PLAT for the proposed The AGW Ibsen Condominiums, located at 14223 N. Ibsen Drive, Fountain Hills, Arizona, Case Number S2001-24. Town of Fountain Hills Page 2 of 3 Last printed 09/05/01 11:41 AM *12.) Consideration of the PRELIMINARY AND FINAL PLAT for the proposed Delia Condominiums, located at 17132 E. Salida Drive, Fountain Hills, Arizona, Case Number S2001-25. *13.) Consideration of a CHANGE ORDER regarding the Saguaro/Parkview construction project. 14.) DISCUSSION WITH POSSIBLE ACTION regarding the letter to the FAA. 15.) PUBLIC HEARING on a SPECIAL USE PERMIT regarding signage for Fountain View Village Senior Living Community, located at the northwest corner of Avenue of the Fountains and Avenida Vida Buena, Case Number SU2001-11. 16.) Consideration of a SPECIAL USE PERMIT regarding signage for Fountain View Village Senior Living Community, located at the northwest corner of Avenue of the Fountains and Avenida Vida Buena, Case Number SU2001-11. 17.) Consideration of TRANSFER OF RESPONSIBILITY AREA with the SunRidge Community Association for various medians and frontages located along Palisades Boulevard, Desert Canyon, and Sunridge Drive. 18.) Consideration of a FILL WAIVER for Parcel I in the SunRidge Canyon development. 19.) UPDATE AND DISCUSSION of the preliminary plats for Eagle Ridge North and Eagles Nest, proposed subdivisions located in the McDowell Mountains currently being reviewed by the Planning and Zoning Commission. 20.) 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. 21.) ADJOURNMENT. DATED this 5th day of September, 2001 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. Town of Fountain Hills Page 3 of 3 Last printed 09/05/01 11:41 AM MEMORANDUM TO: THE HONORABLE MAYOR MORGAN AND TOWN COUNCILMEMBERS FROM: WILLIAM E. FARRELL, ACTING TOWN MANAGER DATE: AUGUST 31, 2001 RE: MANAGER'S REPORT FOR THE SEPTEMBER 6th COUNCIL MEETING REMINDERS: Town Hall will be closed on Monday, September 3ra, in observance of the Labor Day Holiday. It will re -open for business on Tuesday, September 4th I will be out of the office beginning Friday, September 7th, and return on Monday, September 17th. My son, Tim, will be married next Saturday and following the wedding, I will travel to New Orleans to attend the IMLA Conference. As always, should you require assistance in my absence, please contact Cassie or Sue. They will have the phone/fax numbers where I may be reached that week. MAYOR'S REPORT: Immediately following roll call, Mayor Morgan will update the public on Paul Nordin's condition and congratulate the Town on receiving yet another Certificate of Achievement of Excellence in Financial Reporting. This is the fifth consecutive annual award for financial excellence received by the Town. CONSENT AGENDA: There are twelve items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM # 13 — GOOD CITIZENSHIP AWARD: At the request of our Public Safety Director, Mayor Morgan will present a Certificate of Good Citizenship to Leslie Van Valkenberg for assisting local law enforcement in locating two missing toddlers on August 23ra Town Manager's Report September 6, 2001 Council Meeting Page 1 of 2 AGENDA ITEMS # 14 & # 15 — PUBLIC HEARING/SPECIAL USE PERMIT/ FOUNTAIN VIEW VILLAGE SIGNAGE: ``► A public hearing is scheduled to receive comments regarding the application for a special use permit for a comprehensive sign plan for existing and future buildings at the Fountain View Village Senior Living Community. The Planning and Zoning Commission and staff have both recommended approval, with one stipulation. Jesse's report is attached. AGENDA ITEM # 16 — RESPONSIBILITY FOR MEDIANS/SUN RIDGE CANYON: A proposed exchange of responsibility for landscaped medians and frontage areas between the SunRidge Canyon Community Association and the Town will be considered. If approved, this potential transfer would reduce SunRidge Canyon's overall area of Town landscape maintenance from 13.7 acres to 12.2 acres. Staff recommends approval, with the stipulations contained in the agreement letter. Please see Randy's attached memo. AGENDA ITEM # 17 — FILL WAIVER/SUNRIDGE CANYON PARCEL I: A fill waiver previously requested by SunRidge Canyon LLC was approved unanimously by the Planning and Zoning Commission on March 22, 2001, and was continued by the Town Council on April 5, 2001. Since that time, Suncor and Town staff have completed their remaining subdivision closeout items, and this item is currently being brought back for re -consideration. Staff recommends approval, with stipulations. Reports from Dana and Randy are enclosed. AGENDA ITEM # 18 — PRELIMINARY PLATS FOR MOUNTAIN DEVELOPMENT/UPDATE AND DISCUSSION: Town staff will present a brief introduction to the Eagle's Nest and Eagles Ridge North mountain plats, which are currently under consideration at the Planning and Zoning level. Please refer to my enclosed memo. Note: At the end of your packet, you will find my memo regarding congressional and legislative redistricting statistics and information, prepared by Cassie and Peter. This is "for your information" only and no Council action is required. Please contact me should you have any questions. Town Manager's Report September 6, 2001 Council Meeting Page 2 of 2 -- Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRA N Date: 08/ 31 / 01 Re: AGENDA ITEM #2 — OKTOBERFEST SPECIAL EVENT REQUEST AGENDA ITEM #3 — CHAMBER SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #4 — TIN PAN ALLEY SPECIAL EVENT REQUEST AGENDA ITEM #5 — TIN PAN ALLEY SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #6 — SENIOR SERVICES BINGO LICENSE APPLICATION AGENDA ITEM #2 — OKTOBERFEST SPECIAL EVENT REQUEST Two years ago, the German Club sponsored a successful Oktoberfest event in Fountain Park. Due to all the construction in the park last year, the event was not held. Due to their limited volunteer resources to host such a large event, the German Club approached the Chamber of Commerce and the Town and suggested a co -sponsored event that could pool volunteer resources, share responsibilities, and benefit all three entities while providing an enjoyable family event for the community. The German Club is handling all of the entertainment including an authentic, 14 member German band flying over from Germany for the event. The Chamber is in charge of the permits, the food and beverage concessions, tents, tables, etc. The Town is responsible for site related issues including fencing, port -a -johns, lights, etc. as well as youth activities. Proceeds from the event will first be used to reimburse all expenses, with the remaining funds divided equally among the three entities for fundraising purposes. The event is scheduled for Friday (5:00 p.m. to 10:00 p.m.), Saturday (11:00 a.m. to 10:00 p.m.), and Sunday (11:00 a.m. to 6:00 p.m.), October 5, 6 and 7, 2001. The event will occupy the west portion of Fountain Park and Saguaro Boulevard between Parkview and El Lago''Boulevards will be closed to allow for safe pedestrian traffic between the event area and the designated parking areas. MCO has granted permission to use the dirt lots east of the new community center for event parking. Each entity is providing a certificate of insurance naming all other participating entities as additional insureds. Marshal Gendler attended the last meeting and has prepared a plan for pedestrian and traffic safety. (Please see attached memo from Steve.) This combination cultural/family event has become a joint effort that should provide an entertaining weekend for residents and visitors alike. Staff recommends approval. Page 1 of 4 September 6, 2001 Agenda Items Last printed 08/31/01 3:23 PM 08/31 /01 August 31, 2001 AGENDA ITEM #3 — SPECIAL EVENT LIQUOR LICENSE FOR OKTOBERFEST As outlined in the previous agenda item, the Chamber of Commerce is in charge of food and beverage service for the Oktoberfest event. They are applying for the special event liquor license and will take full responsibility for training their workers, providing the wrist band system to control consumption, and obtaining liquor liability insurance. The entire event area will be fenced with security personnel posted at the gates, insuring that all alcohol stays within the controlled area. Marshal Gendler has reviewed the application for statutory compliance and forwards a favorable recommendation. (Please see attached memo from Steve.) Staff recommends approval. AGENDA ITEM #4 — TIN PAN ALLEY SPECIAL EVENT REQUEST Tin Pan Alley Charitable Fund, Inc. has submitted a special event request for the Tin Pan Alley Charity Ride & Music Fest to be held at Gonzo's, 17149 E. Amhurst Dr., on Sunday, October 14, 2001 from 11:00 a.m. to 9:00 p.m. Tin Pan Alley Charitable Fund, Inc. is a group of individuals who work together as a tax exempt, non-profit, all volunteer fundraising organization to "improve the community by providing financial support to qualified organizations who help the disadvantaged, especially children, and to culturally enrich the community through music". Their request is to hold a fundraising event at Gonzo's and the adjacent common parking lot area located between Saguaro Boulevard, Amhurst Drive and Kingstree. Written permission from the Plat 202 property association has been received. A certificate of insurance is on file. The event includes a motorcycle rally culminating at the site that will be fenced and contain display N1. booths, food and beverage booths, and live outdoor music. The request includes a site map that indicates where the fenced area and adjacent cycle parking will be located. Event coordinators have stated that a combination of private security and off duty deputies will be used for security and to insure that alcohol stays within the restricted area. Although this event is supposedly going to be conducted entirely on private property belonging to the Plat 202 property owners, there are public safety and welfare issues that have been addressed in the review and permitting process. In addition to Marshal Gendler's review (please see attached memo from Steve), comments/recommendations were received from Community Development and the Fire Department. Based on all the comments received, staff would like to recommend approval with the following stipulations: 1.) The stage is to be re -oriented away from the residential units (the new site plan indicates that this has been done). (Community Development) 2.) Inflatables or balloons shall not be designated to depict or display any product not legally available to all residents of the Town. This restriction prohibits any balloon or inflatable advertising any alcohol -related product. (Community Development) 3.) The acquisition of a tent permit. (Rural Metro) 4.) Proper extinguishers, security, first aid, etc. as discussed. (Rural Metro) 5.) On site inspection the morning of the event. (Rural Metro) 6.) Compliance with Town Code 11-1-7 and the necessity to reduce noise levels if complaints arise. (Marshal Department) 7.) Acknowledgement that additional law enforcement officers will be assigned at the organizer's expense if additional security is needed. (Marshal Department) 2 August 31, 2001 8.) Applicable state and local sales tax should be charged on any items sold at the event. 9.) Parking is not allowed on individually owned lots. (202 Property Owners Association) AGENDA ITEM #5 — TIN PAN ALLEY SPECIAL EVENT LIQUOR LICENSE REQUEST This item accompanies the special event request previously presented. The applicant is again Tin Pan Alley Charitable Fund, Inc. and the request is for a special event liquor license to be used on Sunday, October 14 from 11:00 a.m. to 9:00 p.m. The location is at Gonzo's, 17149 E. Amhurst Dr., and a fenced area encompassing approximately half of the parking lot located between Kingstree, Amhurst and Saguaro Boulevards. Security will be stationed at the gates to enforce age limitations and insure that alcohol stays within the fenced area. Art Gonzales has submitted a signed statement agreeing to suspend Gonzo's liquor license during the hours that the special event liquor license is in effect. Marshal Gendler has done his investigation and forwards a favorable endorsement based on statutory compliance (please see attached memo from Steve). Liquor liability will be submitted 10 days prior to the event. Based on statutory compliance, staff recommends approval. AGENDA ITEM #6 — SENIOR SERVICE BINGO LICENSE APPLICATION The enclosed "endorsement by local governing body" for a Bingo license is a first for the Town in eleven years. Following a quick review of the statutes, a favorable "nod" from the Town's legal department, conversations with Senior Services staff, and a discussion with a staff member of the Bingo Section of the Arizona Department of Revenue, staff feels comfortable in bringing this item to the Council and recommending approval of the endorsement. Senior Services is desirous of offering bingo this fall on Monday afternoons from 1:00 to 3:00 p.m. at the Kiwanis/Senior Center building located at 16957 Kiwanis Drive. The activity would begin on October 15 and involve a series of bingo games played for monetary prizes. Since there is money involved, the state considers the activity to be a form of regulated gambling and the Department of Revenue regulates the activity according to ARS 5-401 through 5-414. Before making this request, Senior Services staff did their homework by consulting with Senior Centers in Scottsdale that offer bingo as well as personnel in the Bingo Section of the Arizona Department of Revenue. They are at the point in their preparation that requires them to obtain an "endorsement" from the local governing body and return it to the Bingo Section of the Arizona Department of Revenue, or licensing authority, pursuant to ARS § 5-404.A. According to state personnel, the Senior Service request would be for a Class A license which basically means the gross receipts will not exceed fifteen thousand six hundred dollars ($15,600) per year. He said this is the most common license held by senior centers, RV parks, etc. where bingo is played for entertainment. The money taken in through the purchase of bingo cards provides the prize money and according to the state, usually ends up being a "break even" situation at the end of the year. The Department of Revenue Bingo Section is responsible for monitoring all bingo license activity and auditing all financial records. A Class A license requires an annual reporting to the state. Walt Dunne, assistant director of the Senior Services, stated that they plan to keep a separate checking account just for this activity. The holders of Class A licenses 41 August 31, 2001 are viewed as "activities" rather than "businesses" by the state. At this level, an endorsement by the local governing body is required so the state is assured that the local jurisdiction is aware that the activity is taking place. The state staffer commented that some local jurisdictions use the approval process to insure that zoning and fire codes are not an issue. In the case of the Senior Center, the bingo games would be similar in attendance as other activities held at the center and sponsored by Senior Services. The endorsement can stipulate that attendance cannot exceed the recommended occupancy load of the facility. All licenses must be renewed on an annual basis. Based on all steps being taken by Senior Services to comply with the applicable statutes governing the bingo activity, staff recommends approval of the "endorsement by the local governing body" with the stipulation that attendance will not exceed the recommended occupancy load of the building. 4 Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: August 28, 2001 SUBJECT: Special Event Request - Octoberfest The purpose of this memorandum is to provide an endorsement of the attached special event request from the Fountain Hills Chamber of Commerce for an "Octoberfest" on October 5t', 6t', and 7th. It is my understanding that this is scheduled for the Council agenda on September 6th. Background- In meeting with representatives of the Chamber of Commerce as well as town staff involved in the event, they envision using a 180x60 tent set up in Fountain Park, with adjacent booths, storage containers, lighting, generators, and support vehicles. The entire location will be enclosed with fencing to restrict access. As planned, the event will commence on the evening of October 5th and conclude on the evening of October 7t'. Food and beverages will be available along with entertainment designed to make this a family event. The organizers do plan to have alcoholic beverages under a class 15 special event license which they have already submitted. Accordingly, provisions have been made for controlled access, proof of age, and security. Traffic and Parking_ As planned, pedestrian safety will require closure of Saguaro at El Lago, Avenue of the Fountains, and Parkview. Parking provisions have been made for use of the unpaved lots south of Avenue of the Fountains and on public streets in the "downtown' area. This will result in pedestrians crossing Saguaro at nighttime which prompts my concern for pedestrian safety. In working with the event organizers, as well as town staff, pedestrians will be protected by both the road closure and illumination provisions at the Avenue of the Fountains and Parkview intersections through use of lighting trailers. S ..uri y Provisions- Since this event is sponsored in part by the Town of Fountain Hills, the Marshals Department will be providing on -duty officers at the Avenue of the Fountains, the event entrance, and at the locations where alcoholic beverages will be dispensed. Teams of officers will be on duty during all hours when the event is open to the public. Recommendation- This event has a potential benefit to the community in terms of providing family oriented activities, positive exposure for Fountain Hills. It can be accomplished with a single road closure and detours designed to allow access to all business interests in the area. Given the Chamber of Commerce record for incident -free events, I recommend approval by the Council at their September 6`'' meeting. Town of Fountain Hills Sneeial Event �ww.� Office of the Town Clerk, Special Event Coordinator Y P.O. Box 17958, 16836 E. Palisades Permit Application Fountain Hills, AZ 85268 '� �� Phone: 480-837-2003 Fax: 480-837-3145 Date of Application: 7—,-to — (D i Permit Application #: c5 c- P d flo 1 — U 1 Please complete the following information and return to the attention of the Office of the Town Clerk - Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Maior Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE. Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) Section 2 ame of Applicant (last, ttrst, tritdt '-DWG C treet rivers tense 1rundier rJ 7251aly'7-Allt tf or�tioon urgan;zation Naarne or Date of Bgff- neetAl n ss t ercnt a v /� , ax DF� /L1 Application "aline or nvem Information 'T��/l�� (Must be completed) °C�° ofEve�trRt ss Any changes shall be if event is on private property provide: owner's name Phone submitted to the Clerk's office prior to the end of the 0 day Physical starting Point of event of the event. Physical ermtnanon Point of event event is to to e p ace on tty roperty, comp ete tton i 7 — s rnvttc s it Like event involves sponsorship or participation o a—cTiarity, provi a t o�owing. Attach an additional sheet if Charity's Name (c)3 Nu r necessary. Charity's Address Charity's Phone # (if different from above) Has this event ever been held at another location? Yes ❑ No If Yes, please provide the following: Dates Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes _ No If Yes, please explain: Will there be an admission charge: 4d If Yes, how much? 2� Will there be an amplified entertainment? _ If Yes, what type? Attach an additional sheet if Will there be live entertainment? 11 Yes necessary. If Yes, complete the following: Group Performanc Yes , v 0 No No ❑ No Attach an additional sheet if Will there be any novelty items sold? 1,W Yes ❑ No necessary. If Yes, please describe below: Item Vendor Selling prke(s) TAK M # Attach an additional sheet if Will there be any contracted concessionaires/caterers? . es necessary. If Yes, please provide the following information: (Attach an ad5trional sheet if necessary) Name of Concessionaire/Caterer Address Phone Items sold Tax ID tt Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences tote event. Ale - Attach an additional sheet if i t ere artists. es o necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID # Radio Ej..-Yes No It Yes, list stations: Yes o It Yes, list stations: � ^ NewspaperAas E Yes ❑ No it Yes, ustnewspapers: i JI�It .O Press Releases Ei - es o No If Yes, how many. Flyers/Posters Yes No If Yes, where distributed and attach any planned promotional materials. Attach an additional sheet if List and describe the, ptupber or vehicles and/ or equipment which will be involved in the event necessary. Will there be animals involved? If yes, please explain. ❑ Yes K No Section 3 Event Special Will the Event include any of the following: 0 Yes ❑ No Ir Yes, be advised that event features may require an inspection Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies Ei Yes ci No applicable and include a Note: If more than I tent or canopy is bein d a site plan must be provided. If Yes, please provide the following information: site plan. Number of Tents/Canopiesj Size(s) Company Name Contact l X Q.C._1 Phone Number v9 Open Flames or Cooking Q9 Yes o, If es, please provide thee� following information: Event features may Company Name: 122442:dij �( require inspection Address and/or special permits from building, Contact Phone Number engineering, fire, and/or health departments Fireworks o Yes Q, No If Yes, please provide the following information: Company Name: Phone Number Temporary Fencing/Structures Yes No If Yes, please provide the following information: Company Name: L.- l ,l ' {AZT L f h Q LA_ e_5�1 1t 64 Phone Number &0,?, 76 Town of Fountain Hills Special Event Application Page 3 of 10 `.. \►/ ! 1 1 I I CD � 1 1 �I I i �t 1 , r, t, I , !i I i I , t, r, 1 , I t The site of the event First Aid Locations Yes 4 o U Yes, please provide the following information: must be adequately Company Nate: served by utilities and sanitary facilities Address Contact - / �/ Phone Number O 3 Port -a- o aste Controles n No If Yes, please provide the ollowing t ormauon: The site of the eve must equateserved by utilities and sanitaryfacilities. Company Name G �j Addresses\�1t��2� �) � t"' � - . Contact -Ja/ Fax ri I Y-v- Phone Number Company Name / iuv - it- Jl, Address �P]�o �/ I /� / 97�5 e&--- -y�r Contact / /✓ / t%Y / / < �i , n / I u Phone Number (P41-7 rmv musement Rides Yes IN If Yes, please provide the following information: Company Name: r L /n/ y��7 Address AP I& Z hK /�I - Contact C.t t"'�S / l l r PhoneNumber �� 4f-,,- tg tinpot g is es ❑ o If Yes, contact the Community Development Department as a special permit is required. Provide the following information: / n G } Q Company Name:fi-^ Address/71:2 i J /- 15r �j a Contact �f / l� �' ii l y Phone Number 6e..? 6Z 70 Provide a site plan clearly SignsABanners 0 es No depicting the location of all signage, directional and/or If Yes, contact the Community Development Department as a special permit is required promotional that will be used in conjunction with Provide the following information the event. f %_ /_ % I^ () /�y� 6 Company Name: /`"c�.��C-�`j"1 / p' / / L.i Sienaee shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following Phone the event conclusion. Inflatables 0 es %r--f No If Yes, contact the Communi evelopment Department as a special permit is required. Provide the following information. Town of Fountain Hills Special Event Application Page 4 of 10 Other — Description ot any other activities at the event. Section 4 Streets/Traffic Complete those areas, which are applicable, and include on a site plan showing all requests. Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): City Streets P Yes No If Yes, provide the following Street From/To Street Date(s) Times : �y ` �////�� r / v l 4if es. vt e t o owtne: v� Sidewalk From/To Sidewalk City Alleys M Yes o if Yes, provide the following: Alley (If parking is to be on Parking Lot Date(s) Time(sl From/ro Alley Date(s) Mme(s) es o Yes, de the folio vote property, written permission of the property owner must be included with the application.) Date(s) Time(s) own ng t-o -ways es o If Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used? M Yes O No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. &Z'z Will any Town Electric or Water hookups be used? Yes No If Yes, provide the location If additional locations Electric Location Service Needed (in amps) are requested, please Electric Location Service Needed (in amps) attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed Responsible Person at the Event esponsi a erson s Horne Address Home Phone Responsible erson s Business Address Business Phone Pager (it applicable) Cell Phone # ( if applicable) Message # (it applicable) Town of Fountain Hills Special Event Application Page 5 of 10 .�. li!I 1 :.:.:.: .: : ............. y ' \ \ _; . : miff �' :r aadnD-inoe osdnods - -_ "----------------- ------------------ •I I J--I I I i r f.____:1 rL ;Zi fJl�IL�_� iJl I I! i IIWi i i ti ! !OI 10, W ! i1Zl 1 I I I I ' I I ' 1 1 a------iQ;----� , I � If ------------ -�1-=--------- �--- ------- -4�� -`�� = =' 1`-1 ----------------------------------------- - ! �I II II I t Section 6 Event Security Will the event be using private security? Yes F1 No If Yes, please provide the following: (Must be completed) Security Company: Address: Phone Contact Person Phone (if different than above) Number of personnel contracts or: Scheduled outs personne wi at the event: Will the event be requesting the services o ountam Hills MarshalsDepartment? ❑ Yes ❑ o If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person, 0 't F' Q Phone �f(f)4 / —,_1_:>M /6 -S-I'V //-/0 ' // 1- ID61 m : �i r., rI // A m -6'am o schedule Deputy Marshals, please call Officers must be scheduled a rmmmum of three weeks prior to the event. 'After reviewing the event application, the Town may require the use of deputies for the event. if deputies are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical will the event request Rural Metro's EMTs or paramedics? ❑ Yes ❑ No If Yes, please provide the following: Services (Please complete items, // >1 which are applicable.) 1;�kel 601,1,,E_ Q ,,L4 Number of personnel contracted for: /y To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. "After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? ❑ Yes ❑ No If Yes, please provide the following: (Please complete items, Type(s) which are applicable.) es) of alcohol:' -' Y v1 L 2 G� /1 /�(.14� Will the alcohol be given away? ❑ Yes V No Will event attendees be permitted to bring their own alcohol? ❑ Yes ON. s alcohol included in the admission price to the event. Cl Yes ❑ No This applies to charitable, religious, fraternal or political groups only. 11 you answered Yes to any of the above, a liquor license is required. Whichtype of license will used for the event. Extension of Premise (attach copy of State of Arizona Application) —SFFI—al Event liquor License tatiacli copy of State ot 7U90—na Application) u appi i or a bpeciai vent quor e, rouowing must oe proviaea: for from ganization's Name the or organization agreeing to for c 3 Number etter chanty participate as the agent the special event liquor license is required and must accompany the on''' 11 event application. SFhone~7� Name ofZ Contact t at Tianty' Organization On -Site Agent Responsible for Liquor s the event within of a c urc or x property ne. ❑ es ❑ o Wna t controls will to keep attendees unoff the age of 21 trom obtaining alconol at the, event. site plan showing locations of alcohol service areas, type and height of fencing, and security check areas must be pr—ov-R&MaUc-orrespond to the description of the controls above. gescribe how attendees over the age of 21 will be identified. Will more than of the gross revenues derived from the event be derivedfrom alcohol sales? ❑ Yes ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Time Disassembly Area I ime Number of Units Description of the units (motorized animals, floats, and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Special Event Application Fee `"�► $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION For use by Staff Make checks payable to the Town of Fountain Hills PERMrr FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANINGMAMAGE DEPOSrr: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) I hereby certify that the statements made in this application are true and complete to the best of mN knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, count}, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event i t to ate Section 13 Fees Receipt Application Fee Received Check# I Date Received: -� FOR USE BY STAFF ONLY Estimate of Event Costs Collected: Check# Date Received: Section 14 Permit # Issueded APPROVAL DENIAL (FOR USE BY STAFF ONLY) SUH tgnatt re '15s41 "�/ - o / ni:� �f; 6, �- 7 '4Z/ Permit Number Issued for the Date(s) ) Approved at the /' , 20 D/ Town Council Meeting. ❑ Denied at the Staff Signature 20_ Town Council Meeting. /3 of Date Town of Fountain Hills Special Event Application Page 10 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event applied i o u p 'Mar-_ nt t ame erc toDam Application Fee Received Check# I Date Received: —� ' D Estimate of Event Costs Collected: Check # Date Received: Staff Signature Town of Fountain Hills Special Event Application Page 10 of 10 MCO Custom PROPERTIES 0 August 31, 2001 Ms. Sharon Morgan Fountain Hills Chamber of Commerce P.C. Box 17958 Fountain Hills, AZ 85269 Dear Sharon: This is to confirm that MCO Properties will allow parking on the approximate 37 acres of its unpaved land in Plat 208, specifically Blocks 1, 2, 7 and 8, Plat 208, for the upcoming Oktoberfest, October 5, 6, and 7,2001. You will be required to provide proof of liability insurance naming MCO Properties as the insured party. We will provide you with coverage details within a day or so. Sincerely, ON -, R�N I ON � N- �m N I I -- - Hank Lickman Vice President HL:msp 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com `-----------------------------------------------------------------------------------------------'� +,�----- PALISADES __ BOULEVARD •-- -------------------------------------- ------ + -= =. -- --------------------�\ i TT r� 1, \ � / L, j I ; 1 ( r + 1 It 1 �_________ __ �� I I + 1+ 1 ----- �J (�------------� ,., r r-------------- �---- It 11 , �— I. 1 1 L\----------------------�� `- 1 i i l i i l ; �---i j i., f--n + C-5-------------------- `J i 1 i C :-------"IL--------- -j I I I I ' JI 1 I l + ��-----------------------� J U I� v PARKVIEW AVENUE ------^.� r 1 — ---- i------------------------ I .` �G 1 (;-----------------------J 1 I, I U i i Lr tJ r'`--------'Zr--------��---� Ii I I C=7 + + C=� 1 I 1 + I I I I I I I +------'� r--------� I I L3-- .--- JL�------- - ---------1J 1 I LLI r 11 1 I `I��.'------ ''� I 1 ra--�-• r-'i W p 1 1 1 1 I in '`-----------------------J 1 1 1 1 LL I 1 I 11 1 w a -' Q h ---- I s-------z-------------r ; I I! -------- 1 1 I 1 1 ----5' ` --- ' --------- `ci, J --------------------------------------------------------------------------------------------- , ----------------------AVENUE--�F-----�i i�----- - E---FOUNTAINS - I ------------ ---- �-` Q� ----------------ter-`� In + Zi ILLILi ' I I I O al �+ j o: IWI ;III�a , I1 I r: ;III I I I IV 1 I I I -------------- -------- ------------------------ -------------- e, 1 v STEWART VISTA X AVENUE _ III I 1 II 1 I 1 1 + 11 + � I 1 1 I `------------------------- -- —_`^ --------------------------EL---LAG4---------BOULEVARD------ I ,v �0< IV O v m Z O -9c��` H Middle AT school & 2 c7 O�LO NtgJ h School <0 4 (A AySTOP 4-WAY STOP pAL�sq� TRAFFIC LIGHT SUNFLOWER DR pANKV1EW LAGO BLVD. AVENUE T /E F UNTAINS' Churclt o SAGG O THISTLE DRIVE Church �o 3-WAY STOP V v FOUNTAIN ti .�� INCA AVE. HILLS Slop GSTRE� SLVD. /co QM�NO l 01[t "se INDIAN `V P�OIlls CIO f C WELLS DR. tn. vGN FF�G Fire Rock Count ►y Club �� P1• Mountain TRAFFIC — Eagle LIGHTS GolfCourse ao , 0N A� few s rid$ !I th (E) CV CO N J LO J e ' O *0 O N it N O it O * n * * * * 69 * * A * * * * * * * it Q m ZC4 rf I OZ Q * \ r1J QJ a * ru W Z O Q ** LJl YZ * O Z D * f1J m� * O i * * J * ru * * O O W O * - ru W * ru -Cn� w '' O * cn U. U rn x .a 'D w z * x LL CA co rm x �0 to rn^� * ¢ ru m � rij cn O t �� ¢ O Ln �x_,i �- O Q 0 =m CO U O Z �a;� J z o Z x " oa U F IM 0. y w F= O rLr 0 0 L0 QIr w a0 'ON!IM;;.hlCOO? tgr, CV) N c N c LO _ o T—i r- 0 V- w u. CC w w O F- O O w w w u U W z g o u z LL d a O - Q m p �o z J 3 s z W U Z O M O LL m L-71 09/26/2001 WED 22:19 FAX 10001/001 Arbon CERTIFICATE QF LIABILITY INSURANIC OPtD H DATE(MMIDDIYY) - "11101NT21 1 09/24 O1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Low 6 Johnson, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PMB 618 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10645 N. Tatum Blvd, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ?hoenix AZ 85028-3053 INSURERS AFFORDING COVERAGE Phone:480-948-7838 Fax:480-948-1707 INSURED INSURER A: Nonprofits' Insurance Assoc INSURER 8: Scottsdale Insurance Company Fountain Hills Chamber of Commerce INSURER C: P.O. Box 17598 INSURERD: Fountain Hills AZ 85269 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SR I�TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE M DATE MMI DIMLIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 00O 000 A X COMMERCIAL GENERAL LIABILITY NIA1806589 07/31/01 07/31/02 FIRE DAMAGE (Any ono fro) $100 000 CLAIMS MADE n OCCUR MED EXP (Any one pe—) j $ Excluded PERSONAL & ADV INJURY 1 $1 000 000 GENERAL AGGREGATE j S 2, 000, 000 GE NL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG � $2 000 , 000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Pe' Per—) = ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) —__ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per eccidWo s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 OTHERTHAN EAACC t ANY AUTO f AUTO ONLY: AGG EXCESS LIAMUTY EACH OCCURRENCE s OCCUR �; CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND T04 LIMITS 1 1 ER EMPLOYERS' LIABILITY EL EACH ACCIDENT i E.L DISEASE - EA EMPLOYEE IF E.L. DISEASE -POLICY LIMIT $ OTHER B Liquor Liability CL10021283 10/01/01 10/01/021 Liq Liab 1 Mill oc 2 Mil a DESCRIPTION OF OPERATIONSrLOCATIONSAfEHICLE&E-XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate is also an additional insured as respects the following event: OKTOBERFEST-OCTOBER 5,6,7, 2001 This form is subject to policy terms and conditions. CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION T(YWNOFT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3.0___ DAYS WRITT The Town of Fountain Hills NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH, Cassi.e Hansen IMPOSE NO OBLIGATION OR LIAINUTY OF ANY KIND UPON THE INSURER ITS AGENTS OF P.O. Box 17958 Fountain Hills AZ 85269 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1 Jamie S. Low CPCU CIC ACORD 2SS (7197) CACORD CORPORATION IS 001 Musikverein Ebernhahn 1913 e. V. Garant fur gute Blasmusik aus deco Westerwald Wir stellen uns vor fur Konzerte, Feste, Feiern, Umzuge GroBe Konzerte and Reisen bestreitet der Verein in regelmgigen Abstanden. Amerika-Tournee, Gastspiele zur "Grunen Woche" Berlin, Tunesien, Konzerte , in Paris, Brussel, Metz, Osterreich sowie Auftritte in RTL, ZDF and SWF 3 machen den Verein weit fiber den Westerwald hinaus bekannt. Zum Repertoire des Vereines zahlen auger volkstumlicher Musik and Marschen, auch Ouverturen, Ausschnitte aus bekannten Opern, Operetten and Musicals, Oldies & Evergreens, aktuelle and zu jeder Zeit moderne Tanzmusik bis hin zu Jazz, Beat and Rock'n' Roll, darunter Werke so bekannter Komponisten wie Verdi, Strauss, Brahms, Miller, Gershwin, Webber. Wie Sie sehen, ist fair jeden Anlaf3 das Passende vorhanden. So gelingt es dem erfahrenen and wettbewerbserprobten Verein stets, seine Stucke gekonnt and spritzig vorzutragen and sein Publikum mitzureif3en and zu begeistern. Zum Verein zahlt iibrigens seit 1992 neben den rund 50 Musikern auch eine eigene Westerwalder Trachtengruppe, die aus den Ehepartner/partnerinnen, bzw. aus den Freunden and Freundinnen der aktiven Musiker besteht. Derzeit geh6ren dem Musikverein Ebernhahn 1913 e. V. rund 50 aktive Musikerinnen and Musiker an, davon 18 Klarinetten & Floten, 6 Saxophone, 12 Trompeten & Flugelhorner, 6 Tenorhorner & Baritone, 7 Tuben & Posaunen and ein 5 Mann starker Schlagzeugregister. Der Musikverein Ebemhahn 1913 e.V. vor dem Hotel Thapsus, Tunesien Engagieren Sie uns fair Konzerte, Feste, Umzuge and andere Feierlichkeiten, auch fiber mehrer Tage mit Ubernachtung! Der Musikverein Ebernhahn 1913 e. V. bietet Ihnen ein abwechslungs- and stimmungsreiches Programm - zu jedem Anlaf3 das Passende. Fordern Sie die kostenlose Informationskasette an ! Das sind wir : Verdi StrauB Brahms Webber Lange Sweet Evergreens Oldies Jazz Saxophon Posaune Trompete jo, Q,-• ix ■ Pauken Medley Schlagwerk Tenorhorn Flugelhorn Flote Fanfare WnrrN Bariton Offenbach Gershwin Potpourri Marsch BaB Klarinette Lyra Piccolo 19 �-:MIX ENE Z eA 1,t Musikverein 1913 e.V. , _�' � .'§ x ". ice, '' :, I, �► �'. � N „ - a r ^� �,, .. � •� �rt�1 � Y ram`' 4 f'r. r r 1 • . ` `--„ate '' ! Al i C. 7 ^ ® Fountain Hills Memorandum TO: Cassie Hansen, Administration Director FROM: Steve Gendler, Public Safety Director DATE: August 28, 2001 SUBJECT: Special Event Liquor License - Chamber of Commerce The purpose of this memorandum is to endorse the attached special event liquor license submitted by the Chamber of Commerce for their "Octoberfest". It is my understanding that this will be considered by the Council at their meeting on September 6th. A review of the application indicates that the Chamber is filing for this permit under the "non-profit" category. Based on the provisions of ARS 4-203.02, they would, in effect, be awarded a class 15 license for their event. Two important provisions apply. The first is that 25% of the gross revenues from the alcohol sales must go to the non-profit organization; and, second, that the alcohol must be purchased from a qualified off -premise sale source rather than a wholesaler. The requirement that the alcohol be purchased from a qualified retailer is outlined in R19-1-250(a) and specifies that the source have a class 6,7,9, or 10 license such as Price Club, Bashas, or Safeway. Qualifying organizations that apply for a special event liquor permits are restricted to a total of 10 days per year under the provisions of R19-1-244. This application represents only the first three days of the 10 days allowed. Based on the fact that the Chamber qualifies as an exempt organization; that they are the sponsor of the event which will ensure compliance with the 25% gross alcohol revenue provision; and, that they are in compliance with provisions of ARS 4-203.02, I recommend approval by the Council at their September 6d meeting Steve Gendler Marshal ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor _ 400-W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: ' rr 2. Non-Profit/I.R.S. Tax Exempt Number: 3. The organization is a: (check one box only) ❑ Charitable Civic ❑ Religious ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event? . s Location of the event: Address of physical location (Not P.O. Box) City County Zip Chairperson of the Organization named in Question #1. (Signature required in section #18) 6. Applicant: i�r '�;r� 'f, /7k/3 1/( � Last First Middle Date of Birth �a 7. Applicant's Mailing Address: �} ' X /42S Z �� Street City State Zip (� 8. Phone Numbers: (yC') ,,; �� 1 �%tj ,� f �' Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours, of Event: Remember: you cannot sell alcohol before 10:00 a m. on Sunday) ,Date Day of Week Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Hours from A.M./P.M. To A.M./P.M. e- Uc 0106 05n999 *Disabled inividuals requiring special accommodations, please call the Department 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ID NO (attach explanation if ,yes) 11. This organization has been issued a special event license for 4 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES M NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25 % of the gross revenues of Alcoholic Beverage Sales. Name ram;/C c"��Im� Z,-& , (Attach additional sheet if necessary) Percenta e ems, z 4/1� 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing pr control barriers if applicable # Police 6V Fencing # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ❑ YES NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑ YES ❑ NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. [A SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this applications Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. P e, A NT N ------------- ------------- THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF TIIE ORGANIZATION NAMED IN QUESTION #1 18. I, R e :�4 L 1, -7 > l `7 , declare that f am an Officer/Director/Chairperson appointing the (Print full name) r. applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. " (Stgnat(Title Tosaion) (Date) (Phone #) OFFICIAL SEAL OBEVELYN J. BENDER Public - State of Arizona ARICOPA COUNTY mm. expires Aug. 28, 200 �c My Commission expires on: State of z --Z 'J .:�_ County of fi-7,7- The foregoing insdrtiment was acknowledged before me this ' ' r —29- day of D,3yof Mouth J Year of NOTARY THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. _!� . �.� ,e,ai_. , declare that I am the APPLICANT filing this application as (Print full name) ted in Question 6. I have read the application and the contents and all statements are true, correct and mpl te. OFFICIAL SEAL State Of '�2! z ""#f County Of X L�mGGS The foregoing instrument was ackmowledged before me this (Signature Notary Public - State of Arizona r/ MARICOPA COUNTY og /AJ day of A ��`'�/✓f L�� My comm. expires Jan. 28, 2005 Day of Month Month Year �My commission expires on: /1 Z Fo (Date) (Signature of NOTARY PLtl C) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local citv or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, J5 wr-rv\_ LO o rq c — o y- , hereb reco end this s 1 event application on (Government Officidl GA e) behalf of ��►``� Y� u- _U (City, Town or County) (Signature of OFFI (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) 1 SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non -transferable On -sale retail privileges ''URPOSE: Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county, where the special event is to take place, for approval or disapproval. If the application is approved by the local authority, and the event meets the requirements for granting the license, the DIRECTOR will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first, (hrne qualified organization must receive at least twenty-five percent (25 %) of the gross revenues of of Alcoholic Beverage Sales of the special event. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non-profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: One (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (10) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location, or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: RS 4-203.02 , 4-244, 4-261; Ru I e R 19-1-214, R 19-1-244, R 19-1-250. Disabled individuals requiring special accommodations please call (602) 542-9051 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this applications (405pecial Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. j;; f pq��sgO�s ---------- �er) N t -4� NT ur THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, R t a (' (c2 -7 >l "� , declare that f am an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. / 01 (Signat (Title/Position) (Date) (Phone #) OFFICIAL SEAL BEVELYN J. BENDE Notary Public - State of Arizona MARICOPA COUNTY My comm. expires Aug. 28, 200 My Commission expires on: __'1 �/ 3 State of County of The foregoing ins gent was acknowledged before me this _day of Da,C f Month MOM Year NOTARY THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I(�'!�< < 4@AA A , declare that I am the APPLICANT filing this application as (Print full name) ted in Question 6. I have read the application and the contents and all statements are true, correct and mpl t . OFFICIAL SEAL State of '4AIZ 4*Ke County Of X SUSAN GR GThe foregoing instrument was acknowledged before me this (S Notary Public - State of Arizona MARICOPA COUNTY My comm. expires Jan. 28, 2005 My commission expires on: a?'Fzo- (Date) -�78" r� day of A0& Cam/ Day of Month Month Year (Signature of TARY P L C) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or counter jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. 20. I, behalf of LOCAL GOVERNING BODY APPROVAL SECTION (Government Official) (City, Town or County) Department Comment Section: , hereby recommend this special event application on (Title) (Signature of OFFICIAL) FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) Memo To: Cassie Hansen, Administration Director From: Steve Gendler, Public safety Director j� Date: 8/30/2001 Re: Special Event Request — Tin Pan Alley Charity Ride & Music Fest The purpose of this memorandum is to endorse the attached special event request scheduled for Sunday, October 14th. It is envisioned as a charity fundraiser which will take place in the parking lot of Bonze's Cantina and Grill. Overview: In meeting with the organizers, they are planning a motorcycle related event involving approximately 300 riders. The participants will enter Fountain Hills from the north, proceed down Saguaro to Amhurst, and park on private property. The "festival" will take place in the parking lot of Gonzo's Cantina where alcohol, music and various incidental items will be available as part of the fund raising efforts. No street closures, detours, public property or municipal resources are requested for this event. Background information: The event organizers will be fencing off the parking lot at Gonzo's Cantina NNW and controlling access as part of the fund raising efforts. Alcohol - Alcohol will be available under a special event liquor license which the organizers have submitted. The liquor permit in effect suspends Gonzo's class 12 during the period of 1lam to 9pm on Octoberl 4th Security — Both Anthony Putrino, representing "Tin Pan Alley Charitable Fund" and Arthur Gonzales representing "Gonzo's Cantina, have indicated that they intend to employ a combination of private security and off duty deputies. This is an absolute requirement under the liquor license application and a critical element in our recommendation regarding the special event permit. Music —The organizers intend to have live bands performing in an outdoor venue. In meeting with them on this event, I emphasized town code 11-1-7 will apply. They have agreed to place the stage and sound systems in such a manner as to minimize the possibility of complaints and to be prepared to reduce the noise level if complaints do arise. Traffic and Parking — As planned, the event organizers have made provisions for parking on private property and require no street closures or detours. If we are given sufficient advanced warning, the Marshals Department will provide an officer at the intersection of Saguaro and Fountain Hills to help facilitate a safe left turn for the motorcycles entering from Rio Verde. However, all other traffic movement will be in accordance with signs signals and markings already in existence. Recommendation and Stipulations: Because of the outdoor nature of the "Music Festival", and its close proximity to residential areas, law enforcement will be diligent regarding noise complaints and reserves the option of requiring a reduction in the music volume as necessary. Due to the presence of alcohol and the potentially large crowd in a confined area, law enforcement officers will be assigned at the organizer's expense if they fail to provide sufficient security. With these stipulations, I recommend approval by the Council at the September 6`h meeting. Town of Fountain Hills Special Event �a,�� m a 4,,,, Permit Application '�' Office of the Town Clerk, Special Event Coordinator P.O. Box 17958, 16836 E. Palisades Fountain Hills, AZ 85268 Phone: 480-837-2003 Fax:480-837-3145 tJ Date of Application: —6 —©� Permit Application #: __5 iep -)c01 Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Maior Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- 4Wfive (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 r► Pan Ailey �un Application ivame of nppucam tiasi, nrsi, nauuwep Information (Must be completed) Home Street Address Horne Fhone Section 2 Application Information (Must be completed) Any changes shall be submitted to the Clerk's office prior to the end of the 1st day of the event. ;4v fjo- 4- MUS'lc. � q Anihor.5+ tDr. Fotrrr44in 14(Is j¢ Z (Rrw6 Y Location'of 'aaress *rP event is on private property prove 's name one ysical Starting Yomt of event ceA24'S 64nAn4r 6ri11 1Vq � 4" aPst Dr �vunf4in ills. 14 il—ysical Terminanon Faint at event j Ifthe event is to to eft place on City complete Section 6.— / ore�rcle, '" � Masi c �� sfi V�ls �//taws: /�a�` rcyc% ADe„� ono vent �� / �— i;s t JI/I en�tr F',ia.441il AIIS V(4 ga, Wd, 11411 ' 4f+l t1d4! Ganzos 1,'� JeW,, If the event involves sponcorshi or participation of a harity, provide the following. Attach an additional sheer if ZFi�anty Name �� y f l� y y / D iSTtc2Number 9 4? necessary. /1, .X� tl �X f Q IC T� ZL Chanty's Address WF Chan ty's Phone if different from above) Has this event ever been held at another location? Yes go No If Yes, please provide the following: Dates Locations) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes Imo- No 41 If Yes, please explain: Will there be an admission charge: _Yes No If Yes, how much? 1,0 ^ p?s Will there be an amplified entertainment? Yes No If Yes, what type? ,,��jj �iye, '{-)Q %� 5 Attach an additional sheet if p� Will there be live entertainment? F0 Yes No necessary. If Yes, complete the following: Ch,vs FA+ 'no 04Ke 54'466 all a e.�law�,e tt J ,5l,trVi`A111^S sa,ctaa n�� ✓nalurr� is A dill iGvlt twt, w414- A ;ChaeAsort S+,Te,. Attach an additional sheet if Will there be any novelty items sold? X Yes p No ✓ necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # �Kt:ider►iQ safe O 4 H 69"n + eD iS . Attach an additional sheet if Will there be any contracted concessionaires/caterers? ? o Yes No necessary. If Yes, please provide the following information: (Attach an additional sheet if necessary) --- -- Name of Concessionaire/Caterer Address Phone Items sold Tax ID # 1`S 1 Town of Fountain Hills Special Event ApplicaUoa_ Page 2 of 10 How close are the nearest residences tot the event. Attach an additional sheet if Will there be artists. ❑ es No necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID # What type o a vertist promotion will be done prior tot the event. ❑ Yes ❑ No Radio o Yes ❑ o If Yes, list stations: IV M Yes No It Yes, list stations: Newspaper Ads Yes ❑ o IfYes, list newspapers: i n. 7 tress Keieases jo res ❑ tvo it Yes, now many: AfyM t , 3-56 t f y-#r ti Flyers/Posters {1 Yes ci No If Yes, where distributed and attach any planned promotional materials. `d(6 bWs. ness es ^ on trya rlftrS Attach an additional sheet if List and describe the number of vehicles and/ or equipment which will be involved in the event necessary. .7 — H noYB(l!j CaQ d- m04D1't:y 6 -90 r 1392 14Y ei'1 Will there be animals involved? If yes, please explain. ❑ Yes x( No Section 3 Event Special Will the Event include any of the following: ci Yes ❑ No If Yes, be advised that event features may require an inspection Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies d Yes Ei No applicable and include a Note: If more than I tent or canopy is being used,a site plan must be provided. If Yes, please provide the following information: / site plan. Number of Tents/Canopies / — t0 f t Size(s) - s'X RC . 7lte. IQrst4+ni•t� Cd►tgPiCs Company // I g, Name h Z TG'/Z Z 4- Address 4l � /7212'0�jl Roi �( Contact 6 rC'-n-" - k ID Phone Number �� j -oZc%� 06,R 8 Open Flames or Cooking 5d es ci No If Yes, please provide the following information: Event features may Company Name: V V MZDlS Ca h+ 1114 d- G It l 1 i require inspection Address ("ll4mAwesf .fit^. Foanf4in 44h 42 (95Ay and/or special permits 11 � ''JJ +�8� from building, Contact A r + 6W ►%2Q It S Phone Number 'VA — 1// — engineering, fire, and/or health departments Fireworks es rik No If Yes, please provide the following information: Company Name: Phone Temporary Fencing/Structures Yes o �uIf es, please provide the following information: Company Name: Address Contact—-h!5� n Phone Number (06 v2 ' / 4 _ .0 J &' 60—')- -IQ 3:33 Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event must be adequately served by utilities and IL sanitary facilities Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event. First Aid Locations w Yes o If Yes, please provide the following information: Contact r. g` kf'yrl 1 2- K306 Phone Number — "1 ✓ ©�� Port -a- o aste Control PO es ❑ o If Yes, please provide the following information: The site of the event must be adequately served by utilities and sanitaryfacilities. Company Name CQro)1S Con S Contact Q PO' KeQ l in � Phone Number Y& W— ]W Electrical rvice nera ors X Yes ❑ o If Yes, please provide the following i ormanon: Company Name Address Phone Number Carnival/Amusement es o Yes [A o If Yes, please provide the following information: Company Name: Phone Lighting/Spottights W es n No If Yes, contact the Community Development Department asja specialpermit is required. Provide thefollowing, information: �J AOIe 1 tt11h4t, i?q Company Name: Address Contact Phone Number Signs/Banners 0 es Ei No If Yes, contact the Community Development Department as a special permit is required. Provide the following information Company Name: Si¢nane shall not be posted earlier than two weeks Address prior to the first day of the event and must be removed Contact Phone Number within 48 hours following the event conclusion. Inflatables 90 Yes o No If Yes, contact the Community Development Department as a special permit is required. Provide the following information. pp or a 1 r ,parna4ion 414b�, "42 lied t�f beer bt Town of Fountain Ills Spec%l Event Application po-t aQua Lo.� �� ot7irY�rl��.l-j�n� �2��A� _ _ L _ Page 4 of 10 Other — Description ot any o r acnvmes at the event. M Section 4 Streets/Traffic Complete those areas, which are applicable, and include on a site plan showing all requests. Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): City Streets ❑ Yes % No If Yes, provide the following Street From/To Street Dates Time(s): Sidewalks es 9 No es, prove e following: Sidewalk From/To Sidewalk Date(s) Time(sl City Alleys ❑ es oIf Yes, provide the following: Alley From/To Alley Date(s) Time(s) Public Parking Lots ❑ es Iq o es, provide following: (If parking is to be on private property, written permission of the property owner must be included with the application.) Parking Lot Date(s) Time(s) own ng t-o -ways ci Yes R No If Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used? o Yes v No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone Will any Town Electric or Water hookups be used? Ei Yes pg No If Yes, provide the location If additional locations Electric Location Service Needed (in amps are requested, please Electric anon Service Needed (in amps attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed Pager (i f applicable) e one it applicable) Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 Section 6 Event Security Will the event be using private security? PO Yes No If Yes, please provide the following: (Must be completed) ltA Security Company: -VO(U 7Qe1d- (in 14rotJ (11 A c Phone Contact Person Phone (if different than above) Number of personnel contracted or: Scheduled ours personnel will at the event: Willa event requesting the services of the PountainHills MarshasTs L partment. ❑ Yes ❑ No If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person Phone Number of personnel contracted or: Scheduled ours personnel will at the event: o schedule Deputy Marshals, please call icers must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes Y1 No If Yes, please provide the following: Services /� (Please complete items, which are applicable.) Rural Metro Contact Person Phone Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must he scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? Yes ❑ No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s) of alcohol: bier wt,rte, 'e- ji jaor Will tf�lco o so s ❑ No Will the alcohol be given away? ❑ Yes J9 No Will event attendees be permitted to bring their own alcohol? Cl Yes A No s alcohol included in the a hnssion price to the event. ❑ Yes A No This applies to charitable, religious, fraternal or political groups only. you answered r es to any of the aoove, a copy of State of Arizona Application) Special vent Uquor Ucense(attach copy of State of Arizona Application) —If—ap—pTng for a Special Event liquor license, the following must be provided: 601A S C041't`4 I („(;�I 4Z� 53� �(c .� � ® Zhartty��s or 6rgamzatio s Name 501(c)3 Number letter from the charity or organization agreeing to participate as agent or special event liquor license is requirean must accompany the original event application. Name of Contact at Charity or Organization Phone i (-)tlrt 's C�gc�� I �4 r I On -Site gent Responsible for Uquor s the event within of a church or school property me. es p No What contro s will used to keep attendees under t ageot2l om o tauung alcohol at event. Sri ��uanr�s elt^ ka«�i � 401ys t,nd �..�. � ►�c 5 site plan showing locations of alcohol service areas, type and height of fencing, and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be id e tified. rtiecks 4+ +itkc+ (XI e (,yrisis i�a,u�ec cr s}�m d� u� �i�k Amd om �r- D, c.hac s atso at ,xin!- 0- .svlk�_ . ill more man 50% of the gross revenues derived from the event be clenveafrom alorahol saes. ❑ Yes o Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area r / A Time �� y Area �f i 75me Number of Units Description of the units (motorized, animals, floats, and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. ,c I Town of Fountain Hills Special Event Application Page 7 of 10 Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION $ /00, 0' For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL $ Town of Fountain Hills Special Event Application Page 9 of 10 V4ft► L� Section 12 Certification (Must be completed) I hereby certify that the statements made in this application are true and complete to the best of m% knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, count}, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Bills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event applied for. _ Section 13 aC) Fees Receipt Application Fee Received / Check# / 01 3 Date Received: FOR USE BY STAFF ONLY Estimate of Event Costs Collected: Section 14 Permit # Issueded APPROVAL DENIAL (FOR USE BY STAFF ONLY) Check# StaH Signature Date Received: Permit Number Issued for the Date(s) X Approved at the 9— tP , 20OZ Town Council Meeting. ❑ Denied at the , 20_ Town Council Meeting. Staff Signarure Date Town of Fountain Hills Special Event Application Page 10 of 10 Section 12 Certification (Must be completed) I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event applied for. ;J� Y^.ZD-D t Section 13 aO Fees Receipt Application Fee Received 1*/06 Check# O0 J Date Received: FOR USE BY STAFF ONLY Estimate of Event Costs Collected: Check# Date Received: Staff Signature Town of Fountain Hills Special Event Application Page 10 of 10 II t Y ML. TO'd SS:ST TOOZ 6Z 6nd 1Sd�Ad00 Bender, Bev From: Drake, Jesse Ient: Friday, August 24, 2001 2:14 PM ro: Bender, Bev Subject: Tin Pan Alley Special Event Application Dear Bev, There appear to be only two issues that need to be resolved for the Community Development Department in regard to the Special Event Permit Application for Tin Pan Alley: 1. The stage should be re -oriented to face away from residential units. 2. Inflatables or balloons shall not be designed to depict or display any product not legally available to all residents of the Town. This restriction would prohibit any balloon or inflatable advertising any alcohol related product. Thank you for all of your help with this application. Sincerely, Jesse Drake Senior Long Range Planner Town of Fountain Hills 16836 E. Palisades Blvd. Building C PO Box 17958 Fountain Hills, AZ 85269 '0-816-5191 direct line *41.180-837-1404 facsimile jdrake@fh.az.gov Bender, Bev From: Winters, Mike (� ;ent: Tuesday, August 28, 2001 2:31 PM o: Bender, Bev Subject: Tin Pan Alley Special Event Bev, I spoke with the organizers of this event, and I really do not have any problems with what is presented. The only real issue is a tent permit, which the organizers promised me that a permit would be requested by Phoenix Tents. Other than that, we discussed extinguishers, security, firest aid, etc. I feel satisfied that all applicable fire safety criteria will be met, and is subject to an on -site inspection on the morning of the event. Mike Winters Rural/Metro Fire Dept. 1 I INSURED TIN PAN ALLEY CHARITABLE FUND, INC. PO BOX 6040 SCOTTSDALE, AZ 85261 COMPANY A EMC INSURANCE COMPANY COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY I DATE (MMFDDT/YY) IVE PDA EY(MM/DDT/YY)N LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2 0 0 0 0 0 0 B X COMMERCIAL GENERAL LIABILITY 1 W 9 3 5 9 8 01 �12/07/00 12 / 0 7/ 01 PRODUCTS - COMP/OP AGG $ 2 0 0 0 O O CLAIMS MADE ❑X OCCUR PERSONAL & ADV INJURY $ 10 0 0 0 O OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 0 0 0 O O FIRE DAMAGE (Any one fire) $ 5 0 0 O MED EXP (Any one person) $ 50001 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT 1 $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE 1 $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TOWN OF FOUNTAIN HILLS IS ADDITIONAL INSURED WITH RESPECT TO SPECIAL EVENT BEING HELD ON 10/14/01. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TOWN OF FOUNTAIN HILLS 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OFFICE OF THE TOWN CLERK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 17958 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH9 FOUNTAIN HILLS, AZ 85268 RIZED REPRESENTATIVE . 1 nA COPYFAST Fax:8606848 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date! AN I i M TIN PAN ALLEY CHARITABLE FUND INC 8649 E ROYAL PALM RD STE 218 SCOTTSDALE, AZ 85256 Dear Applicant: Aug 27 2001 15:45 P.02 DEPARTMENT OF THE TREASURY Employer Identification Number: 86-0870421 DLN: 17053076826001 Contact Person: JEFFREY D SPROUL ID# 31182 Contact Telephone Number: (877) 829-5500 Our Letter Dated: November of 1997 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents arc also rcquixed to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to'comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO/CG) _ COPYFAST Fax=8606848 Aug 27 2001 15:45 P.03 -2- TIN PAN ALLEY CHARITABLE FUND INC Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, t ve Director, Exempt Organizations ILetter 1050 (DO/CG) COPYFAST Aug 27 2001 15:44 P.01 . r. �- TI, N AN 'ALL Y tRARI.TABLE. F ' ND,INC. ATT: Bev Bender Town of Fountain Hills Per your request: P.O. Box 6040 • Scottsdale, AZ 85261 Following is a list of the organizations we have supported thus far * Christmas House 33_j p . 1-1tj�, 'b t (9oa - a S4 -7A4 q Located in Phoenix. Provides music education for underpriveleged children. Also provides them with a place to do homework after school. ® * Family Life Skills Center of Arizona C Based in Phoenix. Provides counseling for families in crisis (i.e., programs for men who abuse their families). Other organizations are being considered, funds permitting (i.e. Thomas J Pappas School, providing K - 12 education for homeless children). The organizations we support are also 501(c)(3). - 1 - 4 0 s 9 6 6 8 7 MEMORANDUM ,August 31, 2001 TO: Town of Fountain Hills FROM: Board of Directors * Plate 202 Property O ners .Association RE: Tin Pan Alley request Our Property Owners' Association has no objection to the charity event proposed by Tin Pan Alley charitable fund provided that they receive the necessary approvals from the Town of Fountain Hills, provide necessary insurance coverage for the event and not allow parking on individually owned lots. We have no objection to the use of the Association's parking lots. ZOO/ZOOQj ONI AL'ivau AMA NIVIN1101 SCVL LCS OSV Xdd LOST IHd TOOZ/TC/80 08/31/2001 FRI 12:48 FAX 480 837 7435 FOUNTAIN VIEW REALTY INC Z 003/006 r[ .P . LEY •. . : • ' P.O. Box 6040 • Scottsdale, AZ 85261 CHARITABLE -FOND, INC. Dear Business Neighbors of Gonzo's Cantina & Grill, On October 14, 2001 Gonzo's & the Tin Pan Alley Charitable Fund plan to engage in a charity fundraising event called the Tin Pan Alley Charity Ride & Music Fest_ The final destination of the event will be at Gonzo's. We would like to use a portion of the parking lot for the planned Music Fest and the remainder for parking for attendees of the event. The event will take place on a Sunday when most businesses are closed and do not need use of the area. We are currently processing all necessary city per- mits in order to comply with municipal regulations. The Tin Pan Alley Charitable Fund is a non-profit charitable organization '11ftr dedicated to improving our community by helping the disadvantaged, especially children. It is I.R.S. designated tax exempt and also registered with the state of Arizona. A brochure about the organization is included with this letter. It is our hope that you will support our charitable cause by allowing us to use the common area as described. Respecfull To utrino, Tin Pan Alley Charitable Fund 11 4 0 5 9 6 6 8 7 !R V 900/VOO(j 0NI AlIV3H AMA NIV.LN110d S£6L L£8 08T XV3 SV:ZT Idd TOOZ/T£/80 . CU- -a(1) C 4-'N U) a)a)c(1)00 Cl) (D - o a) — , p (10 U N -a 0) c13 o t, 4- ~ r(pMR3L — aa))a) cu 0Ua)c�C Q 3. 'p0� a)� u)US iC+'a)00 d c0 �, o -8 E3:Ea tcS �� y-'= c O�,Q—cLSO = C QZ o3 Morn E`- 03 a Ica >-U>, O a MO) `goo a)a Via) >0�� E U _ O 0 OV� CCY) E' U� �- �.� �� O O N� (� S O N �CUa)o 0o a�� >`- No��E �Uca Ow�(n -o.�o a) W �acn a) a�� aNN�)M OYa)O.c�Qc acaO - a•-- c- QL Cs)CUuc �� O� �O��C QcnQ>W a)L a) OO1-a)0 0 oo� Q$cn __.c.- U p �Qoo �E�cQa-C:ME o >>'x Z U — C �. u) U) .P O _o a) tf ` ui ` C a) W ca`)aic 0 a oa ) 0 V aim W QC: 0M O +;O7j,E>, O OM>. 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E: r` A Vft Memo To: Cassie Hansen, Administration Director From: Steve Gendler, Marshal/.� vJ Date: 8/30/2001 Re: Special Event Liquor Request — Tin Pan Alley The purpose of this memorandum is to endorse the attached special event liquor permit submitted Mr. Anthony Putrino, President of "Tin Pan Alley Charitable Fund " for an event on Sunday, October 141h. It is my understanding that this will be considered by the Council at their meeting on September 6cn Background: The event, planned for the parking lot at Gonzo's Cantina and Grill, would be a charity fundraiser permitted as an exception to the Arizona revised Statutes, Title 4. The application was submitted on behalf of "Tin Pan Alley Charitable Fund", an organization holding IRS tax-exempt number 86-0870421. Investigation: According to the state liquor department, this event will fall under the provisions of ARS 4-203.02 which permits the licensee, Gonzo's Cantina, to suspend their license for the duration of a charitable event on ten occasions per calendar year. The Marshals Department records show that Gonzo's has a valid class 12 (#12074656) in place at 17149 Amhurst Drive. Further, the Marshals Department records indicate that this will be the first such special event request for this location in calendar year 2001. A background check on the applicant, as well as inquiries to the IRS indicates nothing that would preclude approval of the application. Findings: In reviewing the plans submitted in conjunction with a special event request, I am satisfied that provisions have been made to ensure controlled access to areas serving alcohol. The parking lot will be fenced off with entrance through a gate on Amhurst Drive. According to Mr. Putrino (the applicant) and Arthur Gonzales (the license holder), they intend to employ both private security and Sheriffs personnel for control purposes. These provisions comply with the requirements of AIRS 4-203. Recommendation: Based on the application meeting all legal requirement for a charitable event, the existence of a valid class 12 license for the premises, and the fact that this will not exceed the ten special event days authorized for a location per year, I recommend approval by the Council at their September 6th meeting. �c J4�llra k �- ARIZONA DEPARTMENT OF LIQUOR %ENSESED CONTROL CEIV 800 W Washington 5th Floor AUG 2 7 2001 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 FOUNTAIN HILLS (520) 628-6595 TOWN OLERK APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will e charged for all dishonored checks (A.R.S. 44-6852) FLE+'ASE 1NOTE: THIS DODUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT / LIC# 1. Name of Organization: It An /4/1ev GhQ/'r faj1 e- fund l nc . 2. Non-Profit/I.R.S. Tax Exempt Number: 170530 76y.&oo l 3. The organization is a: (check one box only) ® Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? le ru d ra l S i 5. Location of the event: /_7f `lq E AihoPi- . r. . 6utriQi i 4Z /It'yi,c aw s -7(o j Address of physical location (Not P.O. Box) City County v zip Chairperson of the Organization named in Ou/estion #1. (Sign fature required in section #18) 6. Applicant: % r n /fan - 4/1e„ C-Nari fa b k FqnA%�nG Last First Middle__ Date of Birth 7. Applicant's Mailing Address: Q ('no —S co-'SdQ 1t -Az- J0, Y,,?6 1 Street City State zip 8. Phone Numbers: (4) Ply - 3yo 0 (yf8) S96- 6 7Y % ( ) Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 am on Sunday) A Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date Day of Week Hours from A.M./P.M. To A.M./P.M. t.;c 0106 05nW9 *Disabled inividuals requiring special accommodations, please call the Department. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ® NO (attach explanation if Yes) 11. This organization has been issued a special event license for c;,% days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name to t--utd (Attach additional sheet if necessary) Address Percentage S,Ajklt)i�Z��b( t00% 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) -,3- # Police ',A, Fencing -&— # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? YES ❑ NO (ATTACH COPY OF AGREEMENT) �-�►�� 2oS C A.J��JA �, C��'• �� (4 go)� �tlo'3 8va Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS Sv,,CTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, Ate+bony t1 earino , declare that I am an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. (S' ) (Title/Position) (Daze) (Phone #) aFPCIAL SEAL KIMBERLY N. McNEAL (_ZD NOTARY PUBLIC •ARIZONA MARICOPA COUNTY My Corrm Expires July 30, 2002 My Commission expires on: µ �-7/3o%2 State of AA__ zon '1 County of /%%Cvt % r't�ea__ The foregoing instrument was acknowledged before me this 1Y ao- - day of au a Dy l Day 9f Month Month Year (Signature Of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, AwAn 4 M fRp+pi wD , declare that I am the APPLICANT filing this application as (Print fun ame) as listed in Question 6. I have read the application and the contents and all statements are true, convect and complete. ll�^, State of County of rJ Get x c c gam-. X The foregoing instrument was acknowledged before me this My aFMIAL SEAL KIMBERLY N. McNEAL NOTARY PUBLIC • ARIZONA MARICOPA COUNTY My Comm. Expires July 30, 2002 > (Date) day of 0-lu . C3 no 1 Day of Month 44111t Year (Signature(6f NOTARY PUBLIC) You must obtain local government approval. City or Countv MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. %A rr' j'�10)n ur Xure mmend this s alevent application on rn (Govement Offs ' ) ff behalf of �i0t.� n A to r LA_(City, Town or County) lof OFFIC ) (Daze) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Tide) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. �56G NT s .7 SPECIAL EVENT LIQUOR LICENSE AGREEMENT Gonzo's Cantina & Grill agrees to suspend it's liquor license in order to allow proceeds from the sale of alcoholic beverages to go to the Tin Pan Alley Charitable Fund on October 14, 2001 from 1 1:00 AM to 9:00 PM during the music festival portion of the Tin Pan Alley Charity Ride & Music Fest located at 17149 E Amhurst Dr, Fountain Hills, Arizona. Art Gonzales Gonzo's Cantina & G ill 17149 E Amhurst Dr Fountain Hills, AZ. 85268 Anthony M. Putrino Tin P Alley Charitable Fund . 0. 6040 Scottsdale, AZ. 85261 Date: 8/20/01 Date: 8/20/01 - 1 - letc I / /.) - -2-of p ��D, INSURANCE BINDER DATE (MM/DD/YY) 09/27/01 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE,REVEFISE SIDE OF THIS FORM. PRODUCER ONE PHC No, o Ext : 6 0 2 - 3 7 5 - 5 2 0 0 COMPANY (� �- ,�. INDER # SKANCO /J""`�� 000415 Duthwest Bondin & Insurance g EFFECTIVE DATE TIME EXPIRATION DATE I TIME I X AM X 12:01AM 13041 N. 35th Ave. Suite C-10 10/14/01 12:01 PM 10/15/01 NOON Phoenix, AZ 85029 X THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: DB 1 0 14 0 1MR CODE: 20707 SUB CODE: AGENCY CUSTOMER ID: 02985 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) LIQUOR LIABILITY POLICY INSURED TIN PAN ALLEY CHARITABLE FOR EVENT TO BE HELD AT FUND, INC. GONZO'S CATINA & GRILL ON 10/14/01 PO BOX 6040� ISCOTTSDALE AZ 85261 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCT!BLE COINS °: AMOUNT PERTY CAUSES OF LOSS BASIC BROAD ❑ SPEC P GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR OWNER'S & CONTRACTOR'S PROT LIQUOR LIAB . RETRO DATE FOR CLAIMS MADE: GENERAL AGGREGATE $ 2, 000, O O X PRODUCTS - COMP/OP AGG $ 2 , 000, O O PERSONAL & ADV INJURY $ EXCLUDE EACH OCCURRENCE $ 1, 000, O O X FIRE DAMAGE (Any one fire) $ EXCLUDE MED EXP (Any one person) $ EXCLUDE AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE UMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY 13 UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF -INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE - EACH EMPLOYEE $ DISEASE - POLICY LIMIT $ SPECIAL SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIO CONDITOTHER IONS/ PLEASE REFER TO POLICY FORM FOR ADDITIONAL INFO. COVERAGES FEES $ 1214.3 TAXES $ ESTIMATED TOTAL PREMIUM $ 1214.36 NAME & ADDRESS TOWN OF FOUNTAIN HILLS 16836 E. PALLISADES FOUNTAIN HILLS, AZ 85268 MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED PLOAN# AUTHORIZEO REPRESENTATIVE ACORD 75-S (1/97) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE 0 ACORD CORPORATION 1993 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75-S (1/97) TI N PAN ALLEY WITABLE I ] P.O. Box 6040 Scottsdale, AZ 85261 FUND,INC. ATT: Bev Bender Enclosed you will find a copy of the certificate of insurance for $2,000,000 liquor liability insurance naming the Town of Fountain Hills as additional insured. This should satisfy our insurance require- ments. I will be in further contact with Rural Metro to ensure that their requirements are also met. Thank You! Tony Putrino 8 0 9 6 6 8 7 - 1 - ARIZONA DEPARTMENT OF REVENUE BINGO SECTION ENDORSEMENT BY LOCAL GOVERNING BODY FOR OFFICIAL USE ONLY To be completed by the local governing body and returned to the Bingo Section pursuant to ARS § 5-404.A New Application ❑ Change of Location Date: From: — _ -� b W �2_ C'n � i I - (local governing body) Address; (c ai � i aA d &, HEcKr4��% � f� i � � Phone: ' -o r 0�'-;P-00a // �00 / 1. This is to certify that on C�' t , Ifs- . a hearing was conducted pursuant to ARS Title 5 Chapter 4, on the implication for a bingo license by the following applicant: ❑ Application for a bingo license location transfer. 2. Name of Applicant: S -e IV % C'e-S t-0 u /U�/�' /L / rr / / a • z 3. Location/Address whereganes are to be conducted: /6 7 h i wdly/S 1�P� V five` Y 4. Days and times of games: Monday, 1 3 AN /PMFriday, AM.PM Tuesday, AM/PM Saturday, AM/PM Wednesday, AM/PM Sunday, AM/PM Thursday, AM/PM 5. Background investigations: ❑ have ❑ have not been conducted on all individuals listed in the bingo licenseappliation. 6. Recommend application be: ['Approved ❑ Disapproved 7. Specific reasons for disapproval are hereby listed pursuant to ARS § 5-404.1 Must be signed by a deleg t t ority of the local go_ ing body S aattu�re AA?e9 /*C- MEMORANDUM TO: Honorable Mayor and Town Council THROUGH: Bill Farrell, Town Attorney/Acting Town Manager FROM: Julie Ghetti, Supervisor, Accounting RE: Proposed IGA with Maricopa County IWW*less Systems DATE: September 6, 2001 Attached for your consideration is an Intergovernmental Agreement between Maricopa County and the Town of Fountain Hills for use of the Motorola SmartZone® radio system. This IGA replaces an agreement between the County and the Town that was approved by the Council on September 5, 1996. The original agreement was entered into to enable the Town to have shared access to the Maricopa Regional Network (MRN), which was a single site 800 MHz trunked radio system located on Thompson Peak. The MRN system, which is being dissolved, was the repeater that provided radio communications for the Marshal, Engineering, Building Safety, Parks & Recreation, Streets and Public Works Departments staff. The dissolution of the MRN system also resulted in the Motorola radios that the Town owned becoming obsolete. The Town was faced with having to purchase all new radios for all the departments. However, cellular phone technology has evolved with a single unit that incorporates portable radio communications with the cellular telephone and pager capability. Therefore, all departments with the exception of the Marshal Department have replaced their radios with the new cell phone/radio system. The SmartZone® system is secure and will allow inter -agency communication with MCSO, DPS, City of Scottsdale, etc. that is critical for the Marshal Department as the Law Enforcement Agency for the Town. New radios will need to be purchased over the next three years to replace the old MRN units that are being phased out. The new radios will also be compatible with the SmartZone® system that the other agencies are using. Staff recommends approval of the Intergovernmental Agreement with Maricopa County for Telecommunications Wireless Systems. Nancy Bozich Director August 13, 2001 Julie A. Ghetti Accounting Supervisor Town of Fountain Hills 16836 E. Palisades Blvd Fountain Hills, AZ 85269 Ms. Ghetti: MARICOPA COUNTY TELECOMMUNICATIONS WIRELESS SYSTEMS Enclosed for your inspection are three originals of the Intergovernmental Agreement between Maricopa County and Town of Fountain Hills for use of the Motorola SmartZone radio system. If the Agreement meets with your approval, please obtain authorized signatures on pages one and two of each document and return all three originals to me as soon as possible. After I've received the three signed Agreements, I will draft an agenda item for the Maricopa County Board of Supervisors and route it through proper channels for all necessary County signatures. The item will then be added to the Board's agenda for consideration later this summer at one if its formal meetings. I will notify you when the date has been set. Please feel free to contact me with any questions or concerns. Since ly, Charles C. Brotherton Wireless Systems Manager Charles C. Brotherton, Manager • 3324 W. Gibson Lane • Phoenix, Arizona 85009 • (602) 506-4751 • FAX (602) 506-4753 j*.:.:. `.... .,.. $ ..v...,.. Maricopa County Agreement Number Effective Date / / INTERGOVERNMENTAL AGREEMENT Between MARICOPA COUNTY And TOWN OF FOUNTAIN HILLS This agreement is between Maricopa County, a political subdivision of the State of Arizona ("County") and the Town of Fountain Hills ("Town"). The County and Town have authority to enter into this agreement pursuant to Arizona Revised Statutes ARS § 11-952 et seq. and Fountain Hills Town Code section 2-1-2. The purpose of this Agreement is to allow the Town of Fountain Hills to become a user of the Maricopa County SmartZone® Infrastructure System ("SmartZone(D") and to allow Maricopa County to provide maintenance services for the Town's owned radio fleet. Maricopa County will provide the Town maintenance of the Town's owned radio fleet and other associated communications equipment as detailed within this agreement. The County recovers its costs for SmartZone® access and equipment maintenance through billing at the prevailing rates for time and materials. This document, including Agreement Terms, Purpose of the Agreement, and modifications approved herewith, shall constitute the entire agreement between the parties and shall supercede any other agreement or understanding, oral or written. IN WITNESS WHEREOF, the parties hereto aggree to carry out the terms of this Agreement. MARICOPA COUNTY TOWN OF FOUNTAIN HILLS,, AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE: TYPED NAME: Jan Brewer TYPED NAME: J` h a ro r• iil o r o� v�. TITLE: CHAIRMAN OF THE BOARD OF SUPERVISORS TITLE: m a r- DATE: IJ DATE: ATTEST: Clerk of the Board � -1 MARICOPA COUNTY AGREEMENT NO The foregoing Agreement has been submitted to the Maricopa County Attorney for review and approval. The undersigned attorney has determined that said agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Dated this day of 12001 Attorney The foregoing Agreement has been submitted to the attorney for Town of Fountain Hills. The undersigned Attorney has determined that said agreement is in the proper form and is within the powers and authority granted under the laws of the State of Arizona. Dated this (-P day of a &A , 2001 B A orney 2 AGREEMENT TERMS AND CONDITIONS 1. Definitions and Notes. 1.1 "Agreement" means this written document between Maricopa County and Town of Fountain Hills. 1.2 "County" means Maricopa County. 1.3 "Town" means Town of Fountain Hills. 1.4 "Shall" means mandatory. 1.5 "SmartZone® Infrastructure System" and "SmartZone®" refer to the Maricopa County wide -area 800 MHz communication network. SmartZone® is a registered trademark of Motorola. 1.6 "Fiscal Year" means the period from July I" through June 30"'. 1.7 "Dead spot" means an area within Maricopa County where radio coverage is not available. A dead spot may be caused by distance from, or hilly terrain that blocks signal to or from, a SmartZone® transmit/receive site. Dead spots may occur inside buildings, tunnels, and indoor parking garages. Electronic interference and excessive foliage may also cause dead spots. 1.8 Anything stated in the singular includes the plural. 2. Duration of Agreement, Effective Date. This agreement shall be effective upon approval by the County Board of Supervisors and Town of Fountain Hills Town Council. This agreement is for five (5) years with an automatic renewal at the end of every fifth year unless otherwise terminated by either party. Renewal procedures and procedures to cancel this agreement are identified in Section 12; section 13 defines mediation/dispute clauses which are also effective for the duration of this agreement. k3. Explanation of this Agreement: History, Transition to SmartZoncO and MRN Dissolution Historically, Town of Fountain Hills and other communities have aligned their wireless communications needs with Maricopa County for shared access to the Maricopa Regional Network (MRN), a single site 800 MHz trunked radio system located on Thompson Peak in the McDowell Mountains. The MRN employs radio frequencies allotted to Maricopa County and City of Scottsdale, licensed under Maricopa County. Maricopa County has constructed and is operating a new Motorola SmartZone® multi -site 800 MHz trunking system that provides County -wide coverage. As part of City of Scottsdale's migration to SmartZone®, frequencies currently assigned to the MRN will be integrated into the SmartZoneg and the MRN will be dissolved. 3.1 Agreement Summary This Agreement allows Town of Fountain Hills to migrate from the MRN to the SmartZone®. The migration is initially estimated at approximately 50 user units. This Agreement allows Maricopa County to provide maintenance services for the Town's radio fleet. Both use of the County's SmartZone® Infrastructure System and maintenance of the Town's radio fleet will be billed at the end of each quarter (Mar 31", Jun 30"', Sep 30"', Dec 31") by the County to the Town on a determined rate, established by the County, that will be set annually and multiplied by the number of user units on the system determined on the first working week day of each calendar quarter (Jan 2, Apr 1, Jul 1, Oct 1). Services included in the Basic Monthly Charge per radio are defined in Schedule A. Other services not included in the monthly charge per radio are also defined in Schedule A. The County, a non-profit organization, utilizes the following process for establishing the annual fee structure for the Basic Monthly Charge for each radio. Both the County's Wireless Systems capital budget and the Wireless Systems operating budget are defined no later than March I't of each year. Both budgets are combined and then divided by the total number of radios that are negotiated for usage for the upcoming Fiscal Year. This figure becomes the Basic Monthly Charge per radio. All costs are evenly distributed among all users and limits or caps on fee schedule increases are not available to any user. However, charges are limited due to the fact that the County is a non-profit organization. County budgets are public record and available to the Town on request. The funds received by the County are retained to offset Wireless Systems operations and maintenance services and improvements to the network. COUNTY RESPONSIBILITIES 3.2 Access to SmartZone® Infrastructure System. The County agrees to allow the Town use of the SmartZone® Infrastructure System. The County shall perform a one-time initial set-up for each radio in the Town's current fleet to allow those radios to utilize the SmartZone® Infrastructure System. No other person or agency is authorized to perform the radio set-up other than a member of the Maricopa County Wireless Systems Division. The County shall not bill the Town the usual one-time fee of $45 for initial set-up of the existing fleet. For radios added to the Town's fleet after migration to SmartZone®, the County shall perform a one-time initial set-up and bill the Town the one-time set-up fee of $45 per radio. The County shall tailor the programming of radios to the specific needs of the Town as coordinated between the County and the Town. 3.3 Maintenance and Repair of the SmartZone® Infrastructure System. The County is responsible for maintaining communications activity within the SmartZone® Infrastructure System. The County agrees by and through its Wireless Systems Division to perform such radio maintenance and programming 24 hours/day and 7 days/week to the SmartZone® Infrastructure System for radio equipment used by the Town. The County shall provide to the Town a list of all "on call" personnel at the County for radio equipment maintenance. 3.4 Additional Equipment and Maintenance (non-SmartZone® Infrastructure System). The County Wireless System Division Manager is authorized to approve all equipment for use by the Town to access the SmartZone® Infrastructure System. The County may perform maintenance and repair for non-SmartZone® radio equipment when the County is available. The County shall not stock any special parts for non-SmartZone® radio equipment. 3.5 Proof the SmartZone® Infrastructure System is properly maintained. The County agrees to provide the Town biannually a copy of all maintenance logs for the SmartZone® Infrastructure System. The logs will be mailed to Town of Fountain Hills, 16836 E. Palisade Blvd., PO Box 17958, Fountain Hills, AZ 85269, after cut-off periods ending June 301' and December 3 I't of each year. 3.6 Pricing for Services. The County Wireless Systems Manager is authorized to act on behalf of the County in establishing cost estimates and time schedules when necessary. The County Wireless Systems Manager shall notify the Town in writing of any price increase for labor costs prior to the increase. 3.7 County Response for Services. The County shall respond to requests for radio set-up, repair, and maintenance services from the Town using the same time frame and schedules as for other departments. Upon request from the Town, the County may supply other communications services, such as engineering, licensing, etc., wherever possible. Any maintenance services or functions performed by the County shall be completed at the times and circumstances that do not interfere with the performance of regular County or Town operations. 3.8 Town's financial responsibility. Services described in this agreement shall not be performed unless the Town has previously appropriated funds to cover the costs. 3.9 No stocking of special parts. The County shall not stock any special parts for the Town's equipment other than parts common to County equipment. 3.10 Equipment Failure. If the Town's communication system experiences a partial or a full system communication failure, and if the County is aware of the failure, it shall contact the Town to coordinate resolution of the error or failure. A dead spot does not constitute a system failure. While the County can help locate, identify and eliminate dead spots, resolution of communication problems related to dead spots is outside the scope of this agreement. 3.11 Indemnification The Town, its officers and employees shall assume no liability for the negligence of any County employee, or for any defective or dangerous condition of communications equipment belonging to the County as a result of the work authorized to be performed. The County shall hold the Town and its employees harmless from, and shall defend the Town and its employees against, any claim for damages resulting therefrom. The Town and its employees shall be deemed to assume no liability for the negligence of any County officer or employee for any act or failure to act by the County under this agreement. The County shall hold the Town and its employees harmless from and shall defend them against any claim for damages resulting therefrom. TOWN RESPONSIBILITIES 3.12 Town must purchase and maintain specific equipment. The Town agrees to purchase the appropriate equipment for the use of the SmartZone® Infrastructure System. The Town agrees to have only an authorized member of the County Wireless System group program the radios and equipment used to access the SmartZone® Infrastructure System. The Town agrees to maintain all equipment that accesses the SmartZone® Infrastructure System to ensure equipment is operating properly at all times. 3.13 Equipment Failure Procedure. The Town will ensure compliance with the following procedure whenever a partial or full system failure occurs on any communications equipment accessing the SmartZone® Infrastructure System: The Town will ensure its owned radio equipment is fully operational and verify that its equipment did not cause or contribute to the failure. If the Town's owned radio equipment contributed to the failure, the Town will correct the error or failure. Upon completion of either the verification or the correction, the Town will notify the County of the results. 3.14 Indemnification. The County, its officers and employees shall assume no liability for the negligence of any Town volunteer, officer, or employee, or for any defective or dangerous condition of communications equipment belonging to the Town as a result of the work authorized to be performed. The Town shall hold County members, officers, and employees harmless from and shall defend them against any claim for damages resulting therefrom. The County, its members, officers, and employees shall be deemed to assume no liability for the negligence of any Town volunteer, officer, or employee, or for any act or failure to act by the Town under this agreement. The Town shall hold the County, its members, officers, and employees harmless from and shall defend them against any claim for damages resulting therefrom. 4. Licensing. The Town agrees to comply with any applicable licensing requirements dictated by the Federal Communications Commission. 5. Amount of Agreement, Payment, invoicing Procedures. Services shall be performed at the prevailing rates for time and materials. The County will invoice on a monthly basis for services performed in the prior month. The Town shall make prompt payment. If there is an increase in the cost of labor for radio maintenance, the County shall notify the Town of this change prior to the increase. 6. County Obligations: Nothing in this agreement is intended to relieve or relinquish or delegate any obligation or responsibility imposed upon the County by law. 7. Procedure to Amend the Agreement. This agreement may be amended only in writing with the approval of the County Board of Supervisors and the authorized representative of the Town. 8. Renewal Procedure, Termination. This agreement shall be for a period of five (5) years commencing on the effective date of this agreement, and is automatically renewed for another five years unless either party submits a written notice of termination at least one full calendar year prior to termination unless otherwise agreed by both parties. 9. Access to Information. Subject to statutory confidentiality requirements and public records law, the Town and the County shall have full, complete and equal access to data and information prepared under this agreement on a no -charge basis. Both parties shall protect any confidential records from disclosure to the greatest extent allowed by law. 10. Assignment. Neither party may assign any rights hereunder without the express written prior consent of the other party. 11. Severability. The provisions of this agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the agreement. If any provision of this agreement is found invalid, the remainder of the agreement shall remain in effect without the invalid provision or application. 12. Applicable Law. The law of Arizona and federal law where applicable apply to this agreement. 13. Record Retention and Audit. Pursuant to ARS § 35-214 and 35-215, Maricopa County and the Town shall retain all data, books and other records ("records") relating to this Agreement for a period of five (5) years after completion of the agreement. All records shall be subject to inspection and audit by Maricopa County at reasonable times. Upon request, the Town shall produce the original of any or all such records. Pursuant to ARS § 35-214, at any time during the term of this agreement and five years thereafter, the Town shall be subject to audit by Maricopa County to the extent that the books and records relate to the performance of the agreement. 14. Cancellation for Conflict of Interest. Pursuant to ARS § 38-511, the County or Town may cancel this agreement at any time, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the agreement on behalf of the County or Town is or becomes an employee of or a consultant to any party to this agreement with respect to the subject matter of the agreement. The cancellation shall be effective when the County or Town receives written notice of cancellation unless the notice specifies a later time. The County may, by written notice to the Town, immediately terminate this agreement if the County determines that employment or a gratuity was offered or given by the Town or any agent or representative of the Town to any officer or employee of the County for the purpose of influencing the securing of the agreement, 7 11 0 an amendment of the agreement, or favorable treatment concerning the agreement. This influence includes the making of any determination or decision regarding agreement performance. 15. Non -Discrimination. The County and Town agree to comply with Executive Order 75-5, the Americans with Disabilities Act, and any other applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. 16. Authority. This agreement shall not be construed to imply authority to perform any tasks or accept any responsibility not expressly set forth herein. This agreement shall be strictly constructed against the creation of a duty or responsibility unless the intention to do so is clearly and unambiguously set forth herein. This agreement shall not be modified or extended except by written instrument adopted in accordance with the requirements for adopting a new agreement. 8 Schedule A: Telecommunication Services & Fee Structure* ITEM TELECOMMUNICATION SERVICES PREVAILING COUNTY FEE Structure* 1 BASIC SERVICES: $25.46/radio/Month for FY01-02 Radio Elements: Not included in this BASIC SERVICE fee are the following: • Mobile/portable repair/maintenance — 80% work in two (2) full • Pick up and delivery of radios working days or less with stocked parts. This does not include transit time. • Initial radio set-up and programming • Monthly reporting and invoicing • Exchange of radio from vehicle to vehicle. • Limited telephone interconnects, 500 min./mo./radio — max. Repeaters (not considered a radio). (access rights subject to need and availability)*** • Page alert • On -going programming • Implementation of'owner requested' factory upgrades Infrastructure Elements: Not included in the COUNTY INFRASTRUCTURE ELEMENTS • Licensing maintenance, liaison engineering are the following: • System expansion • Additional site(s), if required (to include land, building, towers, and associated equipment) • System Maintenance, diagnostics and testing • On -going monitoring agreements • Utilities • Site rent 2 INITIAL RADIO SET-UP SERVICE: $45.00/radio (one time set up fee).** The COUNTY will provide the programming necessary to reprogram any radios for the mutually agreed upon ID's and the talk groups. Programming will be done at the COUNTY Wireless Systems Office, 3324 W. Gibson, Phoenix AZ and will be performed during COUNTY business hours (M-F 7:30AM - 4:OOPM) 3. ACTIVE EQUIPMENT (E.G. RADIO, SIRENS) (EACH) $45.00 /hour at prevailing rate** The COUNTY will provide services for establishment/changeout of active equipment at a rate of 4 hours for first item and 1 hour per follow-on item(s) as identified at that time. (e.g. 3 radios and 1 siren: equates to 7 chargeable hours) 4 PICK UP AND DELIVERY OF RADIOS Service not provided by the COUNTY. Recommend Yd party courier contract. 5 ON -SITE MAINTENANCE AGREEMENT OFF -SITE RADIO & NON -RADIO TIME AND MATERIALS Standard maintenance of system and preventive maintenance and testing The TOWN and the COUNTY agree circumstances arise where on - procedures are required to maintain the operability ofthe network. site maintenance cannot be performed at the wireless systems During the period the radio(s)/equipment are under warranty, the division and where radio and non -radio repairs are required, e.g., in - COUNTY may opt to provide repair s (whenever possible and building repeater repair or radio repair in heavy equipment beneficial) , in lieu of sending the radio(s)/equipment to depot (bulldozers). Both the TOWN and the COUNTY agree to work (maintenance repair facility) which incur both a more lengthy turn together to minimize the process and cost such that both parties around time for repair and mailing fees. benefit equally at the prevailing hourly rate and cost of materials. 6 DEAD SPOTS The TOWN and the COUNTY will make reasonable efforts to identify and eliminate dead spots. Dead spot occurrences developed after determining sound operability shall be addressed jointly, for validation and whenever possible, resolution by both the TOWN and the COUNTY and coordinated with other agencies, as required. *Fee Structure: is subject to review and shall be established annually by the COUNTY. Billing for radio quantities shall be determined the first working day of the beginning of each quarter (Jan 2, Apr 1, July 1, Oct 1) based upon additions/deletions. **Prevailing Rate/one time set up fee is determined by the COUNTY each Fiscal Year (FY). The 2001-2002 rate for the COUNTY Wireless Systems services is $45.00 per hour. ***Upon attaining the 500 min. telephone interconnect limit, the system automatically denies user access for the duration of the calendar month. SRC Agreement Letter 8-22-01.doc Page 1 of 1 Chron 195 4 la 4 ANT. 1909 oaf is Town of FOUNTAIN HILLS Engineering Department TO: Honorable Mayor and Council FROM: Randy L. Harrel � I 0) THROUGH: Bill Farrell IJ DATE: August 31, 2001 MEMORANDUM RE: SunRidge Canyon Proposed Letter of Agreement Regarding median/frontage landscape maintenance transfer The SunRidge Canyon Community Association (SRCCA) has proposed a "swap" of landscaped median and frontage areas per their previous discussions with staff, and formalized in Marianne Wiggishoff s attached letter of August 9, 2001. If approved, the Town will maintain the applicable Palisades Blvd frontages and medians and the Community Association will maintain the SunRdge Drive and Desert Canyon Drive medians and frontages; and all transfers will occur simultaneously in September 2001. This agreement will reduce the overall area of Town landscape maintenance from 13.7 acres to 12.2 acres. It will save SunRidge a major cost in separating the median irrigation from the frontage irrigation system along Palisades Blvd. The Town will maintain the areas most important to the Town (Palisades Blvd) and SunRidge will maintain the areas most closely affecting SunRidge (Desert Canyon and*Sunridge Drive). The Town retains the right to turn over portions of the frontage landscaping to other developers as opportunities present themselves, and to shut-off the water to mature frontage landscaping. Both the Town and SunRidge are currently using the same contractor for landscape maintenance, so the transition should be seamless. Staff believes that the attached Agreement Letter benefits both the Town and SunRidge, and recommends approval of the proposed landscape area "swap", with the stipulations contained in that agreement letter. bb att. cc: Tom Ward David Stepanek Marianne Wiggishoff SRC landscape Maintenance 8-21-01.doc Page] of4 Chron 194 Town of FOUNTAIN HILLS a 4 �• Esr.t%9 • that is Ar►"" August 21, 2001 SunRidge Canyon Community Association C/o Capital Consultants Management Corp. 7975 N. Hayden Road, Suite D-105 Scottsdale, AZ 85258 Attn: Marianne Wiggishoff Re: SunRidge Canyon Proposed Letter of Agreement SunRidge Canyon Median/Frontage Maintenance Item #7 of 11-28-00 meeting) Dear Ms. Wiggishoff: Engineering Department The SunRidge Canyon Community Association (SRCCA) has proposed a "swap" of median and frontage area maintenance responsibilities per our previous discussions, and formalized in Marianne Wiggishoffs attached letter of August 9, 2001. Upon approval, the Town will maintain the applicable Palisades Blvd frontages and medians and the Community Association will maintain the Sunridge Drive and Desert Canyon Drive medians and frontages; and all (W transfers will occur simultaneously. Staff and the SunRidge CA believe it can be a win -win situation for everyone. Background: The SunRidge Canyon developer constructed landscaped medians and frontages on various streets. Town policy (and formalized in the attached excerpt from the SunRidge Canyon Area Specific Plan) is to accept landscaped medians for maintenance on arterial and major collector streets after a 5-year initial developer maintenance period. The Town does not normally accept maintenance of landscaping on the roadway frontages. Based on that policy, the following areas would be eligible for turnover to the Town (after appropriate inspections and corrections have been made) on the following designated dates: Former Eligible Location Area (Ac.) Turnover Date Notes Medians * Palisades Blvd (Shea to Lost Hills) 5.5 June 2002 Sunridge Drive (Palisades Blvd to south of Delgado 2.7 December 2000 Palisades to Desert Drive) Canyon Drive 1 June 2005 Desert Canyon to south of Delgado Drive Desert Canyon Drive (Golden Eagle Blvd to 4.5 December 2000 Sunridge Drive) Other medians (on local streets) within SunRidge Not calculated Not eligible Canyon Master Plat Frontages Palisades Blvd (Shea to Lost Hills Drive, as occurs) Est. 6.7 Not eligible Total Eligible: 13.7 Ac. Total Ineligible 6.7 + Ac. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-Ol.doc Page 2 of 4 Chron 194 * Note: SunRidge Canyon LLC turned over the responsibility for the landscaping maintenance of these areas to the SunRidge Canyon Community Association in January 2001. SunRidge Canyon Proposal The SunRidge Canyon Community Association has proposed to modify the areas of responsibility, as follows: Location Area (Ac.) Proposed Turnover Date Notes PROPOSED TOWN RESPONSIBILITY Medians Palisades Blvd (Shea Blvd to Lost Hills Drive) 5.5 September 2001 Turnover advanced 9 months Frontages Palisades Blvd (Shea Blvd to Lost Hills Drive,) as occurs Est. 6.7 September 2001 New responsibility Total — Town 12.2 Ac. PROPOSED SUNRIDGE CANYON RESPONSIBILITY Medians Sunridge Drive (Palisades to Delgado) 3.7 None Desert Canyon (Golden Eagle to Sunridge Drive) 4.5 None Other medians and frontages (undermined; within SunRidge Canyon Master Plat) Undetermedin None Total — SunRidge Canyon 8.2 + Ac. SunRidge Canyon's proposal is based on these facts: Difficult irri atg ion split -out The existing irrigation system within the above areas typically connects both the median and frontage areas together. This was done by the SunRidge LLC primarily to avoid the major expense of parallel irrigation mains. The Town, in accordance with past precedents set in Firerock Ridge and elsewhere, has only accepted for its maintenance, separately metered median areas. This avoids potential issues with HOA's (and CA's) regarding maintenance limits, water payment split -out, and watering cycle length and duration. ■ Perceived value to the Town and SunRidge Median landscaping on Palisades Blvd, an arterial roadway carrying about 10,000 vpd, and the western gateway to most of the Town, has a significant value to the Town. Median landscaping on Desert Canyon and Sunridge Drive, collector roadways carrying about 2,000 vpd, mainly has value to SunRidge Canyon residents. TOWN ACCEPTANCE CONDITIONS Town staff is agreeable to this change of responsibility areas. The following conditions should apply to this agreement: ■ Maintenance Level: SunRidge Canyon will maintain their medians to at least a comparable level to those maintained by the Town. (We anticipate that because of their closeness, your CA's maintenance level should equal the good maintenance level that the Town normally provides, anyway.) ■ Landscape Easement Rights: SunRidge LLC (or the SunRidge Canyon Community Association) will grant appropriate easements at no cost, for any irrigated landscape areas outside of the right-of-way. ■ Other Easement Right: The extent of the intersection sight easements needed in Parcel H, Tracts A and B (at Sunridge Drive, Sunflower Drive, and/or Golden Eagle Blvd) should be delineated since their extent can only be calculated from the diagram on the Parcel H plat. Additional sidewalk easements are probably also needed in Tract 3 of the Master Plat, where the sidewalk meanders outside of the right-of-way; and some storm drain easements may be needed. The Town will prepare all necessary easement documents and maps for CA/LLC signature and will then record them. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-0Ldoc Page 3 of Chron 194 ■ Subrogation: The Town may, at its option, split out and subrogate areas of responsibility to other entities (except, of course, to the SunRidge Canyon Community Association or LLC). We believe that the closest owners and those most directly affected by an amenity will take the best care of their amenity. Although the Town almost certainly will continue to maintain the Palisades medians, we will seek to have the Palisades Blvd frontage landscaping and irrigation south of SunRidge Canyon turned over and maintained by the frontage property owners as opportunities present themselves. ■ Frontage water shutoff: The Town may, at its option, reduce or eliminate watering of some or all of the Palisades Blvd frontage landscaping. After frontage landscaping is well established, we may be able to reduce or eliminate its watering (except perhaps in drought periods). This allows a more natural desert appearance, blending with the adjacent Sonoran Desert. If this proposed letter of agreement is acceptable to the SunRidge Canyon Community Association and the SunRidge Canyon LLC, please indicate by signing below. This proposed agreement will also require Town Council approval. Staff recommends its approval by the Town Council. Yours very truLl 19, G� Randy L. Harrel, P.E., S. Town Engineer bb att. Request letter of 8-9-01 from SRCCA SunRidge Canyon Area Specific Plan, page 2-10 (adopted by Council on 5-19-94) cc: Bill Farrell Tom Ward Jeff Valder Quinn Johnson 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-01.doc Page 1 of 4 Cluon 194 0; � a b ' 4Ct7A • that is August 21, 2001 SunRidge Canyon Community Association C/o Capital Consultants Management Corp. 7975 N. Hayden Road, Suite D-105 Scottsdale, AZ 85258 Attn: Marianne Wiggishoff Town of FOUNTAIN HILLS Engineering Department Re: SunRidge Canyon Proposed Letter of Agreement SunRidge Canyon Median/Frontage Maintenance Item #7 of 11-28-00 meeting) Dear Ms. Wiggishoff: The SunRidge Canyon Community Association (SRCCA) has proposed a "swap" of median and frontage area maintenance responsibilities per our previous discussions, and formalized in Marianne Wiggishoff s attached letter of August 9, 2001. Upon approval, the Town will maintain the applicable Palisades Blvd frontages and medians and the Community Association will maintain the Sunridge Drive and Desert Canyon Drive medians and frontages; and all transfers will occur simultaneously. Staff and the SunRidge CA believe it can be a win -win situation for everyone. Background: The SunRidge Canyon developer constructed landscaped medians and frontages on various streets. Town policy (and formalized in the attached excerpt from the SunRidge Canyon Area Specific Plan) is to accept landscaped medians for maintenance on arterial and major collector streets after a 5-year initial developer maintenance period. The Town does not normally accept maintenance of landscaping on the roadway frontages. Based on that policy, the following areas would be eligible for turnover to the Town (after appropriate inspections and corrections have been made) on the following designated dates: Former Eligible Location Area (Ac.) Turnover Date Notes Medians * Palisades Blvd (Shea to Lost Hills) 5.5 June 2002 Sunridge Drive (Palisades Blvd to south of Delgado 2.7 December 2000 Palisades to Desert Drive) Canyon Drive 1 June 2005 Desert Canyon to south of Delgado Drive Desert Canyon Drive (Golden Eagle Blvd to 4.5 December 2000 Sunridge Drive) Other medians (on local streets) within SunRidge Not calculated Not eligible Canyon Master Plat Frontages * Palisades Blvd (Shea to Lost Hills Drive, as occurs) Est. 6.7 Not eligible Total Eligible: 13.7 Ac. Total Ineligible 6.7 + Ac. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-01.doc Page 2 of 4 Cluon 194 * Note: SunRidge Canyon LLC turned over the responsibility for the landscaping maintenance of these areas to the SunRidge Canyon Community Association in January 2001. SunRidge Canyon Proposal The SunRidge Canyon Community Association has proposed to modify the areas of responsibility, as follows: Location Area (Ac.) Proposed Turnover Date Notes PROPOSED TOWN RESPONSIBILITY Medians Palisades Blvd (Shea Blvd to Lost Hills Drive) 5.5 September 2001 Turnover advanced 9 months Frontages Palisades Blvd (Shea Blvd to Lost Hills Drive,) as occurs Est. 6.7 September 2001 New responsibility Total — Town 12.2 Ac. PROPOSED SUNRIDGE CANYON RESPONSIBILITY Medians Sunridge Drive (Palisades to Delgado) 3.7 None Desert Canyon (Golden Eagle to Sunridge Drive) 4.5 None Other medians and frontages (undermined; within SunRidge Canyon Master Plat) Undetermined None Total — SunRidge Canyon 8.2 + Ac. SunRidge Canyon's proposal is based on these facts: Difficult irrigation split -out The existing irrigation system within the above areas typically connects both the median and frontage areas together. This was done by the SunRidge LLC primarily to avoid the major expense of parallel irrigation mains. The Town, in accordance with past precedents set in Firerock Ridge and elsewhere, has only accepted for its maintenance, separately metered median areas. This avoids potential issues with HOA's (and CA's) regarding maintenance limits, water payment split -out, and watering cycle length and duration. ■ Perceived value to the Town and SunRidee Median landscaping on Palisades Blvd, an arterial roadway carrying about 10,000 vpd, and the western gateway to most of the Town, has a significant value to the Town. Median landscaping on Desert Canyon and Sunridge Drive, collector roadways carrying about 2,000 vpd, mainly has value to SunRidge Canyon residents. TOWN ACCEPTANCE CONDITIONS Town staff is agreeable to this change of responsibility areas. The following conditions should apply to this agreement: ■ Maintenance Level: SunRidge Canyon will maintain their medians to at least a comparable level to those maintained by the Town. (We anticipate that because of their closeness, your CA's maintenance level should equal the good maintenance level that the Town normally provides, anyway.) ■ Landscape Easement Rights: SunRidge LLC (or the SunRidge Canyon Community Association) will grant appropriate easements at no cost, for any irrigated landscape areas outside of the right-of-way. • Other Easement Right: The extent of the intersection sight easements needed in Parcel H, Tracts A and B (at Sunridge Drive, Sunflower Drive, and/or Golden Eagle Blvd) should be delineated since their extent can only be calculated from the diagram on the Parcel H plat. Additional sidewalk easements are probably also needed in Tract 3 of the Master Plat, where the sidewalk meanders outside of the right-of-way; and some storm drain easements may be needed. The Town will prepare all necessary easement documents and maps for CA/LLC signature and will then record them. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC landscape Maintenance 8-21-0I .doc Page 3 of 4 Chron 194 ■ Subrogation: The Town may, at its option, split out and subrogate areas of responsibility to other entities (except, of course, to the SunRidge Canyon Community Association or LLC). We believe that the closest owners and those (W most directly affected by an amenity will take the best care of their amenity. Although the Town almost certainly will continue to maintain the Palisades medians, we will seek to have the Palisades Blvd frontage landscaping and irrigation south of SunRidge Canyon turned over and maintained by the frontage property owners as opportunities present themselves. ■ Frontage water shutoff: The Town may, at its option, reduce or eliminate watering of some or all of the Palisades Blvd frontage landscaping. After frontage landscaping is well established, we may be able to reduce or eliminate its watering (except perhaps in drought periods). This allows a more natural desert appearance, blending with the adjacent Sonoran Desert. If this proposed letter of agreement is acceptable to the SunRidge Canyon Community Association and the SunRidge Canyon LLC, please indicate by signing below. This proposed agreement will also require Town Council approval. Staff recommends its approval by the Town Council. Yours very trul , Randy L. Hanel, P.E., L.S. Town Engineer bb att. Request letter of 8-9-01 from SRCCA SunRidge Canyon Area Specific Plan, page 2-10 (adopted by Council on 5-19-94) cc: Bill Farrell Tom Ward Jeff Valder Quinn Johnson 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-0Ldoc Page 4 of 4 Chron 194 ACCEPTED: SunRidge Canyon Community Association By: Title: ACCEPTED: SunRidge Canyon LLC By: Title: APPROVED: FOR TIE TOWN OF FOUNTAIN HILLS Sharon Morgan, REVIEWED BY: William E. Farrell, Acting Town Manager Attest: Attest: Attest: LI'C't— '-�6 LL Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: i liam.E. Farrell, Town Attorney 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SUNRIDGE C A N Y O N COMMUNITY ASSOCIATION August 9, 2001 Honorable Mayor and Common Council Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85268 Honorable Mayor and Council Members, On behalf of the Board of Directors of the SunRidge Canyon Community Association, I write to request your help in resolving a matter regarding maintenance responsibility for Palisades Boulevard. I am certain Randy will give you the excruciating detail, but here's a thumbnail sketch of the homeowners' association's understanding of the matter. Background As part of the Town's original agreement with the SunRidge Canyon LLC, SunRidge would build Palisades Boulevard and maintain the landscaping until 2002. The LLC would be responsible for maintenance of the interior medians in SunRidge until January 1, 2001 at which time the responsibility would pass to the Town. At the end of last year, just before the developer turned over the Association to homeowner control, there was discussion about the Association keeping maintenance responsibility for the interior medians of SunRidge and, in exchange, the Town taking over responsibility for Palisades early. For various reasons, resolution of this matter has been slow in coming. As matters currently stand, the Association continues to pay for maintenance of the medians on Desert Canyon Drive and SunRidge Drive within the SunRidge Canyon neighborhood even though turn -over was scheduled for the beginning of this year. The Association would consider continuing this responsibility. However, the Association also pays for the maintenance of Palisades from Golden Eagle to Shea Boulevard at a cost of $3,150 per month not including water. While this arrangement made sense when the developer was in control of the HOA, it no longer makes sense when the homeowners are in control. The residents of SunRidge Canyon are paying for the maintenance of a major arterial truck route in and out of the community. c/o Capital Consultants Management Corp. - 7975 North Hayden Road -Suite D-105 -Scottsdale, AZ 85258 -Phone (480) 921-7500 / Fax (480) 921-7564 Action Requested The SunRidge Canyon Community Association asks that you approve a resolution relieving it of the responsibility for Palisades Boulevard, including the frontage along the western sidewalk from Golden Eagle to Sunridge Drive. In exchange, the Association would continue to maintain the medians along Desert Canyon Drive and Sunridge Drive within SunRidge Canyon. Why Should You do This? The Town should take over responsibility for Palisades Boulevard because it is a major arterial roadway of community -wide interest. The take-over is scheduled to happen soon anyway. The medians will go eventually to the Town and most frontages along Palisades to Shea, currently paid for by SunRidge Canyon Community Association, will be taken over gradually by developments taking access from Palisades. Therefore, except for the medians, the Town's involvement will end in any event some time in the near future. The Town should take over responsibility for the frontage area from Golden Eagle to Sunridge Drive because it is a very good deal for the Town. Though this area is technically part of SunRidge Canyon and traditionally would be cared for by SunRidge Canyon Community Association (the abutting HOA), the irrigation lines are configured such that it is extremely difficult to separate the water service between the medians and the frontage. The proposal is for the Town to take over the frontage section and in exchange, lose the responsibility for the medians all along Sunridge Drive and Desert Canyon Drive, a vastly larger area to maintain. The homeowners of SunRidge Canyon would be most grateful for your favorable consideration of this matter. Sincerely, CAPITAL CONSULTANTS MANAGEMENT CORPORATION Agent for SunRidge Canyon Community Association Marianne Wiggishoff Community Association Manager CC: BOD, Park (CCMC), Farrell, Harrel (TFH) 11 Sunridge Canvon Area Specific Plan • Landscaped Medians: Raised, and or -semi -arid landscaped medians are desirable and encouraged. The Town shall assume maintenance responsibility for center medians on arterial and major collector roadways, when requested by the developer, after an initial 5-year developer maintenance period. Center medians on minor collectors and smaller roadways, and for all lot or tract frontages ("parkways"), shall be the responsibility of the developer or Homeowner's Association, under permit from the Town. The major roadway categories proposed within the Sunridge Canyon community will consist of the following roadways: Roadway Categorx • Major Collector • Minor Collector • Local Roadway* • Hillside Roadway* Rig ht-of-Way Pavement 70-80 feet 52 feet 60 feet 40 feet 50 feet 32 feet 40 feet 26 feet * May potentially become private roads 2.22 Non -Vehicular Circulation • Sidewalks: MCO shall provide sidewalks along streets in accordance with the Town's Sidewalk Policy/Plan, and as stipulated in Preliminary Plan approvals. • Bike I Pedestrian Pathway System: tem: MCO shall provide a coordinated system of off-street concrete or asphalt paved bike/pedestrian paths. 2-10 t. Memo To: The Honorable Mayor and Town Council From: Peter B Putterman, I/T Administrator Date: 8/30/2001 Re: Agenda Item # 8 — Donation of old Cell Phones This past spring, a joint effort of the Governor's Office, the Arizona Association of Chiefs of Police, Motorola, AIITeI Communications, Swift Transportation and the Arizona Foundation for Women was launched to collect unused cell phones to be distributed to victims of domestic violence. Swift Transportation is transporting the collected equipment to Motorola facilities for refurbishing. The phones will then be activated on airtime donated by AIITeI Communications and made available to various agencies to provide emergency communications for victims of domestic violence. When introduced, the goal of the program was to collect 5000 units to meet the needs here in Arizona. The program was an outstanding success, quickly exceeding that goal. Since that time, the program has expanded to a multi -state project and all equipment donated will be collected and utilized. The equipment that staff is proposing to contribute, consists of older technology telephones that would otherwise be disposed of as miscellaneous surplus electronics at a future Town Property Disposal auction. Its probable value at such a sale is negligible, probably generating a minimal bid as "junk". Staff feels that the potential for good created by this donation far outweighs the "scrap" value to the Town and seeks approval to dispose of this property in this manner. Attachments: Newspaper Clippings Inventory a o ƒ § \:\ f % o j59 may%\ ooc \ � @ § @ �q \ # @ @ » & y -) \\ o/$±ow\0c3A/(D'TLO / //2 7//EƒI\I<®&7cZLO<m oe>�G t±moo/\%/�©C:)U) > / / 3 / \ \ / e ± ± e \ / O O O C r eECl) Cl) e««UUwocwoec«e�oce3 \\////Qgmq/////ƒ%$$%/%0 # << 0 S <co\/ 7 I2< gIr Cl) //\// 0 0 0 0 0 0 0 0 o R/ z z � / / / ƒ $ / ƒ / ƒ / / C / 4 > 4 0 //\\/ƒ\/\\ et222EEECO&EEEEE±000e_ %&wmUUoSOO&0000OO2±I±Im k % _ \ 2 -0 -0 0 n / \ 8 X CL / » 17 « 7 b k / k / k _ � e � $ \p®8® \ # \ \ g a\% °\ G°CD- // o� \ G p 3 0 5 0 0° % ®� °» a k/ k a» k k k= o m U Co ? / _ = o a \ I \ 0 a a 0 0 0 0 0 / / 0 / / § § ° ®3 / / \ ° / o % o e= o c c m o e 2 G 2 3 0 0 3 o c< E c a E/ a a a$ $ 4 a o>« ® E e /0) C)0-k/kk)0k0-0- �� /ƒ �� \ / f f \ \ $ \ \ n 0 0\\ 6 g 0 0 0 0 2 0 0 0 0 0 0///// 3\ /f 9.n =.9.9 g g 2 n 0 0 0 0 0 9= U o 0 o g x// » 7 2 f» n o= g I m m � m u s@@@@°± x x 0 0 0 0 0 0 0 = _ = o = _ _ _ _ _ _ a ± ± zzzzz000zO0OOOOE2222>%�t CQ L Fountain Hills Public Safety Director Steve Gendler deposits a cell phone in a collection box at DPS headquarters. The Mar- shal's Department is collecting donated phones for domestic violence victims. Used cell phones collected for domestic violence victims The Town Marshal's Depart- ment is participating along with numerous other agencies and sponsors in a cell phone dona- tion program to help victims of domestic violence. Fountain Hills Director of Public Safety Steve.Gendler said 5,000 phones is the goal of the drive that includes the Gover- nor's Office, the Arizona Asso- ciation of Chiefs of Police, Mo- torola, ALLTEL Communica- tions as well as other police and fire departments. The Arizona Foundation for Women and Swift Transporta- tion are also participating �n the program. Gendler said ALLTEL is do- nating airtime and Swift is han- dling the packaging and trans- portation. Motorola is refurbish- ing the donated phones. "Putting a wireless phone in the hands of a domestic violence victim can actually make the difference between life and death," Gendler said. As part of the program's kick- off on Oct. 30 various agencies brought donated phones to the Arizona Department of Public Safety headquarters in Phoenix. n„ Na}knlf of the Town of Foun- That was the highest total for any agency on the initial collec- tion. The donation program is scheduled to run through April and those wishing to contribute a used cell phone can take them to the Marshal's Department anytime 24 hours a day. Donors will receive a receipt for tax purposes as well as the satisfac- tion of knowing they have done something significant in the campaign against domestic vio- lence, Gendler said. placed at the Fountain Hills 1 Marshal's Department dispatch. office for anyone interested in i participating. of the This program is - pa governor's domestic violence awareness initiative and will benefit potential victims who will have the cellular contact with local for emergency law enforcement agencies. The refurbished telephones will be reprogrammed for direct access to law enforcement and will help protect potential vic- tims and families. Phones donations for IInformation is available by calling the Marshal's Depart- viCtinls of abuse went at 837-8800. The Arizona Association Chiefs of Police, along with Mo- torola' the Wireless Foundation, and several police organizations, has established a program to ac- cept donations of used cellular telephones, which tovictims l of refur- bished and given domestic violence. A collection box has been I ], 0 Donated cell phones help domestic violence victims The Town Marshal's Depart- ment is participating along with numerous other agencies and sponsors in a cell phone dona- tion program to help victims of domestic violence. Fountain Hills Director of Public Safety Steve Gendler said 5,000 phones is the goal of the drive that includes the Gover- nor's Office, the Arizona Asso- ciation of Chiefs of Police, Mo- torola, ALLTEL Communica- tions as well as other police and fire departments. The Arizona Foundation for Women and Swift Transporta- tion are also participating in the program. "Putting a wireless phone in the hands of a domestic violence victim can actually make the difference between Iife and death," Gendler said. The donation program is scheduled to run through April and those wishing to contribute a used cell phone can take them to the Marshal's Department anytime 24 hours a day. Donors will . receive a receipt for tax purposes as well as the satisfac- tion of knowing they have done something significant in the campaign against domestic vio- lence, Gendler said. To: Mayor Morgan and Town Council Throw: William Farrell, Acting Town Man From: Bryan Hughes, Deputy Director of Date: 9/5/2001 Re: Agenda Item #9 — Facility Fee Schedule & Facility Fee Waiver Policy Correction bottom of the Facility Fee Schedule, it is noted that "All rental fees include Arizona State The note should state, "All rentals are subject to applicable Arizona sales taxes", meaning that will be charged in addition to the fee. being made in an effort to be consistant for all rentals in Town, whether at the new ;enter or at any one of the Town's parks. for any misunderstanding and thank you for your support. Memorandum To: Mayor Morgan and Town Counci Through: William E. Farrell, Acting Town From: Bryan Hughes, Deputy Director c Date: August 31, 2001 Re: Parks & Recreation Facility Fee Schedule & Facility Fee waiver Policy Research Last fall Staff began researching facility fees structures of parks and recreation departments throughout the State of Arizona. Cities that were researched include Scottsdale, Tucson, Queen Creek, Surprise, Flagstaff, Peoria, Tempe, Mesa, Gilbert, Chandler, and Phoenix. The current fee schedule was adopted by both the Commission and Town Council in 1997 and has not undergone a review to -date. The primary focus of the research was to determine whether the Town of Fountain Hills Parks and Recreation Department's current fee schedule was comparable to that of other cities and towns. After reviewing the research, the Staff found that the current fee schedule requires no revisions and should remain in effect and subject to another review in two years. The secondary focus of the research was to review how other cities and towns collaborated to provide facilities to local independent youth organizations. Currently, the Town of Fountain Hills Parks and Recreation Department provides facilities and services to local youth sports organizations, such as Fountain Hills Little League, Fountain Hills Soccer Club, Fountain Hills Pop Warner Football and Cheerleading, and Fountain Hills Lacrosse Club. Although we provide these facilities and services at no charge to the organizations, there is not a formal agreement in place to do so. Staff found that most cities and towns do not charge local youth sports organizations for facilities and services. Additionally, these towns and cities do not have a formal agreement waiving facility and services fees. The City of Scottsdale was the only municipality that had a formal policy concerning youth sports organization's facility usage. Staff used the City of Scottsdale's Facility Fee Waiver Policy and Application to create a document suitable for Fountain Hills Parks and Recreation. This Policy allows for facility fee waivers for youth organizations that serve a population primarily under the age of 17 years old and also for organizations holding fundraisers or charitable events at Town Facilities. Additionally, the Department's existing Facility Fee Waiver Policy for fundraisers and/or charitable events, which states that non-profit organizations can request facility fee waivers up to three times per year for fundraising activities, has been incorporated into this new policy. Recommended Action by Council At its February 12t' meeting, the Parks and Recreation Commission approved of the Facility Fee Schedule and Facility Fee Waiver Policy. Staff recommends that the Town Council approve both the Facility Fee Schedule and Facility Fee Waiver Policy as presented. In addition to formalizing a policy that has administratively worked well since 1997, the Council's approval of these items will also assist the Department in its overall goal of receiving agency accreditation. PARKS AND RECREATION FACILITY FEE SCHEDULE CATEGORY I: Town Sponsored or Affiliated • Activities and programs sponsored by the Town of Fountain Hills. • Co -sponsored events conducted in cooperation with outside individuals, organizations or agencies and approved by the Town. • Meetings conducted by the Town Council or any appointed Town Board or Commission. No Charge CATEGORY II: Resident/Non-Profit • Any individuals, group, club, agency or privately owned business where no profit will be realized, i.e. weddings, receptions, organizational meetings, company picnics, etc. • All government agencies not specified under Category I, including county, state, and federal agencies. • Religious or political use. Up to 2 hours 2-4 hours Over 4 hours Facility Small Ramada $10 $15 $25 Large Ramada $30 $45 $75 Meeting Rooms $12 $18 $30 Multi -purpose Fields $20 $30 $50 -ountain Park (see note below) $90 $135 $200 "111" Concession $3 $4.50 $7.50 Tennis Courts (90 minute reservation) $4 (day) $6 (night) CATEGORY III: Non-Resident/Commercial • A request by an individual or an organization whose primary intent is to conduct business or an activity for economic profit, whether or not income is realized directly or immediately. • An event managed by or administered by a promoter (i.e., concert, competition activity, etc.) Up to 2 hours 2-4 hours Over 4 hours Facility Small Ramada $20 $35 $50 Large Ramada $60 $90 $150 Meeting Rooms $24 $36 $60 Multi -purpose Fields $40 $60 $100 Fountain Park (see note below) $180 $270 $400 Concession $6 $9 $15 Tennis Courts (90 minute reservation) $8 (day) $12 (night) F "untain Park is divided into quarter sections: The fee listed above is per section, reserved for approved activities. Individuals may reserve multiple park sections fo r.. Facilitiy Fee Schedule.doc Revised August 30, 2001 Service Athletic Field -lights Athletic Field -prep & bases Easel, paper and markers Large screen (8' x 10') Television and VCR Overhead projector Slide projector EZ-Up tents Stage Alcohol permit with park reservation � Fountain operation Park personnel labor Definition of Terms PARKS AND RECREATION RENTAL EXTRA FEES SCHEDULE Residential/ Non -Resident/ Non -Profit Commercial $10 per hour $10 per hour $25 each $25 each $10 $15 $10 $20 $25 $40 $10 $15 $10 $15 $10 each $15 each $250 $375 $10 for 50 drinking adults $10 for 50 drinking adults $100 for each half hour $150 for each half hour $25 per hour $25 per hour Non-profit. Refers to any person, group or organization, recognized as non-profit in character under laws of the State of Arizona, or who is eligible for non-profit status as defined by the Internal Revenue Service Code, or both, or whose purpose is clearly of a non-profit nature. Proof of non-profit status or intent document must be forwarded to Fountain Hills Parks and Recreation Staff on or before the due date for payment. Proof of residency. Proof of residency may be asked for to determine program eligibility and/or applicable fee. (See also 'resident', below). Residency for a facility request is established when all of the following conditions are satisfied: 1. A Fountain Hills resident initiates the reservation request. 2. The check for payment has the address of the person responsible for initiating the request. 3. Driver's license verification if payment is in cash. Resident. Residency status for Fountain Hills is met by maintaining a residence, or owning property or a business within the corporate boundaries of the Town of Fountain Hills. Facilitiy Fee Schedule.doc Revised August 30, 2001 TOWN OF FOUNTAIN HILLS a' PARKS AND RECREATION DEPARTMENT o 4 \EctuM "p4 46at is As" FACILITY FEE WAIVER POLICY Section 1. Philosophy Fountain Hills Parks and Recreation believes in the importance of providing services that improve the quality of life for its citizens by responding to the leisure desires of all segments of our community. Cooperation with other public, private, and commercial entities for the delivery of recreational services is important in meeting our community leisure needs. Providing suitable facilities to assist special interest groups that provide service is an important strategy to achieve goals set forth within Parks & Recreation's mission statement. By virtue of their intrinsic value to the community by providing recreational opportunities and, because they lack facilities of their own, various organizations are granted the opportunity to receive assistance. Eligible organizations are not charged for facility usage for their particular activity or event or for any utility costs associated with these facilities. Accommodations for organizational business such as meetings and participant registration are provided at no fee when available. Section 2. Purpose The purpose of this policy is to outline the procedures by which organizations request services from the Town of Fountain Hills Parks & Recreation Department. Allocation of Town controlled facilities, payment of utility costs associated with sport field lighting, Ramadas, meeting rooms, are defined. The services provided to youth organizations and the obligations of those groups that receive services from the Town of Fountain Hills Parks & Recreation Department are described. Section 3. Eligibility Youth Organizations Any youth group or organization that provides services which include Fountain Hills residents, provide services targeted toward youngsters 17 years of age or under, is eligible for non-profit status as defined by the Internal Revenue code, and can demonstrate benefits to the citizens of Fountain Hills, is eligible to apply for services. Charitable Event or Fundraiser All fundraising activities scheduled at park facilities shall be subject to a rental charge according to the appropriate fee schedule in effect. If a bonafide non-profit charitable group is attempting to raise funds for a community project in which all proceeds go into that project, the group may be eligible for three facility fee waivers per year. Updated: August 30, 2001 Page 1 of 3 All applicants seeking Town services (see Section 5) or other benefits under this Policy shall agree to comply with any and all insurance and indemnification requirements deemed necessary by the Town of Fountain Hills Loss Control Manager. Applicable insurance requirements will be provided to applicant upon request. Section 4. Responsibilities of Organizations All information requested on the application form must be filled out completely and additional information included with the application. This information is vital for Staff to provide important information to the public, make responsible decisions on facility allocation and improvement projects, settle conflicts, and also help justify future budget requests for facility improvements and additions. Youth organizations will be required to re -apply on an annual basis. All other organizations requesting fee waivers must apply on an as -needed basis. Staff will be notified of any field or facility time not being utilized on a regular basis so time can be put back into the system for redistribution. Groups must monitor usage and turn in unused time on a regular basis throughout their season. Copies of all practice and game schedules and facility schedules will be given to Staff prior to the youth organization using facilities. Groups shall clean and maintain all field and facility areas assigned to them by picking up trash after day and evening use. The group shall have the responsibility to maintain control over the conduct of participants and %61 spectators while using assigned facilities. Section 5. Town Services The Town may provide the following services: • Waive all facility use fees associated with the organization's facilities needed for the group's particular use. • Waive facility use fees to accommodate organizational business such as meetings and participant registration. • Provide basic field maintenance of all Town owned park facilities, i.e., mowing, watering, infield dragging, fence repair, and removal of trash from cans. (Maintenance may vary from site to site.) • Coordinate special maintenance and other facility use needs. • Provide system maintenance and lamp replacement on fields and Ramadas that have Town installed lighting systems. Section 6. Procedure Applicant first meets with the appropriate Staff representative to determine eligibility or availability of facilities. Following this, the applicant will fill out the Facility Use Form Request and put together the required organizational information for the type of service requested. The applicant will then present the application form along with all requested information to the Director, who will approve requests for facilities and utility fee waiver if there are no other Updated: August 30, 2001 Page 2 of 3 L groups requesting the same facilities and the organization meets the eligibility requirements. If there is a conflict between requests, the Director will evaluate the information submitted by the applicants, and based on the general guidelines, will negotiate a use agreement(s). Section 7. Guidelines Facility allocation and fee waivers are based on the following criteria. • Groups and organizations serving Fountain Hills residents. • Tradition, i.e., what the group has used in the past. • Need, i.e., the number of youngsters served and/or number of games/practices scheduled. • Certification of staff or volunteers working with youth (for example, National Youth Sports Coaches Association certification). • Season dates as compared to traditional times the sport is played (March through July for baseball/softball and August through February for football/soccer). • League organizational structure, i.e., fees charged, age groups served, competitive or recreational, number of leagues and teams, number of games played, practice schedules, season dates and days games played on. • Compliance with Parks and Recreation Department procedures and meeting group responsibilities. The first priority will always be based on serving Fountain Hills residents. The remaining criterion is not in any particular order and will be used to evaluate each individual request. It is possible that a group may not receive all the facility space that it has requested due to other groups requesting the same times and space. The Director will try to find alternatives that would allow for the group to operate as it wants. It may be necessary for that group to alter the way in which it schedules activities that it is not accustomed, and/or possibly reduce the number of activities or events scheduled. It is the goal of the Staff to get the best possible use of all facilities under the jurisdiction of the Town and to serve as many of the requesting groups as possible. Section 8. Appeal Process Any group may appeal decisions made by the Director concerning facility allocation to the Town Manager. This must be done in writing no more than two weeks after being contacted by Staff and informed of what the facility allocation for the upcoming season will be. The appeal will be submitted to the Director's office and forwarded to the Town Manager for review. All groups that may be affected by an appeal will be notified and given an opportunity to make a presentation to the Town Manager. No permit will be issued until the Town Manager has ruled on the appeal. Updated: August 30, 2001 Page 3 of 3 1�7 TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPARTMENT FACILITY FEE WAIVER APPLICATION FORM Please sign and return this completely form along with any attachments to: Town of Fountain Hills, Parks & Recreation Department 16836 East Palisades Blvd., Building A Post Office Box 17958 Fountain Hills, AZ 85269 Application Date: Organization Name: Philosophy/Organization Mission Statement: Dues or Assessments: Section I: This Section must be filled out if request is associated with Youth Sports: From the last Season: Total Participants: _ Team: Season Start and End Dates: Number of Teams: Games Played by Each Basic Game/Practice Times and Days: (attach league game and practice schedules) List Leagues and the Age Group Served by Each League: Updated: 8/30/2001 Page 1 of 3 Describe Organization boundaries: (include map if available) Section II: This Section must be filled out for non-profit or charitable activities/events: Date of Event: Please describe the nature of the activity/event to be held including a description of any goods to be sold, raffled, etc. Include a detailed description of how the funds will be used and who they will benefit (100% of the funds must directly benefit a Fountain Hills organization or individual). Please list in detail the money paid for any expenses associated with the organization's activity/event. Updated: 8/30/2001 Page 2 of 3 Section III: This section must be addressed by all Applicants Please Attach Listings of the Following Information: 1. Organization officers with phone numbers. (Indicate who the public should contact for information on your group) 2. Any pertinent organizational information. (Incorporation papers, bylaws, charter, etc.) 3. Facility Use Request Form. (Indicate fields, times, and days) 4. Demonstrate non-profit status as defined by the Internal Revenue Service. 5. Certification of Insurance naming the Town of Fountain Hills as additional insured. Contact Person: Address: Office or Position: Application Submitted by: City: Phone number to be given out to the Public: Phone: Phone: Zip: I CERTIFY THAT THE STATEMENTS MADE WITHIN THIS APPLICATION ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I FURTHER UNDERSTAND THAT INCOMPLETE APPLICATIONS MAY NOT BE PROCESSED. Name and Title of Applicant (printed or typed) Date 4 Signature Updated: 8/30/2001 Page 3 of 3 Memorandum To: Mayor Morgan and Town Council Through: William Farrell, Acting Town Man, From: Bryan Hughes, Deputy Director of Date: August 31, 2001 Re: Revisions to Chapter 9 of the Town Code — Park Rules Research t fall, Staff began researching park rules at cities and towns throughout Arizona. The focus of this ,t� A ch was to compare park rules in order to revise the Fountain Hills Town Code by establishing ules for Town parks. t Town Code contains park rules for Golden Eagle Park and the Off -Leash Recreational c rt 'Desert Vista Neighborhood Park only. Desert Vista Neighborhood Park, Four Peaks ti hlgr d Park, and Fountain Park do not have rules that can be enforced by the Town's ` Staff resented the recommended changes to Chapter Nine ._......... --.: ;,,,.: .ai s partment. Earlier this month, P g P ....... tl • . of n Code — Parks and Recreation to the Parks and Recreation Commission for approval. The • sr; ism �ange present uniform park rules for all of the Town's parks while at the same time allowing for Vj ns to those rules at unique facilities, such as the Off -Leash Recreational Facility and the Park In addition to the park rules in the Town Code, rules specific to the Off -Leash Recreational Facility and the Skate Park will be posted at each facility. Although the specific rules are not included in the Town Code, the posted rules at the facilities are enforceable by law enforcement. This allows Staff to make revisions unique to each of these facilities without requiring Town Council approval each time a minor revision is required. Examples of the rules for each of these facilities are included for your review. After several revisions and review by both the Town Attorney and Risk Manager, Staff believes it has achieved the goal in creating park rules that are universal to all Town parks and enforceable by local law enforcement. Recommended Action by Town Council At its August 8`h meeting, the Parks and Recreation Commission approved the revisions as recommended by Staff. Therefore, Staff recommends approval of theses revisions to Chapter Nine of the Town Code. Passing the revision to Chapter 9 of the Town Code will assist the Marshals in enforcing park rules and provide a high standard of safety for all park patrons. 0 ORDINANCE 01-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 9, PARKS AND RECREATION, ARTICLE 9-1, PARKS AND RECREATION DEPARTMENT, ELIMINATING SECTION 9-1-3(G) RULES RELATING TO GOLDEN EAGLE PARK AND SECTION 9-1-3(H) RULES RELATING TO THE OFF -LEASH RECREATIONAL FACILITY; ELIMINATING SECTION 9-1-5 CONSUMPTION OF ALCOHOL AT GOLDEN EAGLE PARK; AND ADDING SECTION 9-4-1 PURPOSE AND INTENT, SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS, AND SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Powers and Duties of Director, Section 9-1-3 G and H are hereby amended to read as follows: G. T7. f 11 lei h ll apply to the nduet of per -sons .,t Golden Eagle D.,.L. v�nc-ivnv�r� �inuzi-cr�i�ir�-ro rrr ..�,...,....,. �. .,. �........,,. �,»b. . ».,�. eenvieted shall be ehar-ged with a petty offense. Subsequent eenviefieffs for- the viola ef these nales by the same paFty shall be treated as a elass ene fnisdemeaaer-. HG. Perform other duties as may be assigned by the town manager. 6. Dog handlefs using this faeility fflust eafr-y on theif pefsen, a standafd (6 feet) length lam. eenvieted shall be ehaFged with a petty effense. Subsequent eenvietions for- the viola ef these Fules by the safne pafty shall be treated as a Glass i fnisdeffleanef. Section 2. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Consumption of Alcohol at Golden Eagle Park, Section 9-1-5 A through C are hereby eliminated as follows: MI., .. SM. M. G. Violation of a „f this suet en shell upon eenvietieft, he a si efe,l ., elass , fflisdemeaneT.- Ordinance 01 -16 Page 2 of 5 Section 3. That the Town Code, Chapter 9, Parks and Recreation Department, is hereby amended by the addition of Article 9-4, Park Rules and Regulations, consisting of three sections numbered and titled as set forth below: ARTICLE 9-4 PARK RULES AND REGULATIONS 9-4-1 PURPOSE AND INTENT 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS SECTION 9-4-1 PURPOSE AND INTENT TOWN OWNED PARKS PROVIDE EXCELLENT RECREATIONAL OPPORTUNITIES AND ENCOURAGE ENHANCED QUALITY OF LIFE TO TOWN RESIDENTS. SUCH PARKS ARE MAINTAINED AND OPERATED WITH AN EMPHASIS ON SAFETY, CLEANLINESS, AND BEAUTY. THESE REGULATIONS ARE SPECIFICALLY INTENDED TO PROVIDE RULES AND REGULATIONS FOR EACH TOWN OWNED PARK AND IS ACCOMPLISHED AS FOLLOWS: SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS A. THE CONSUMPTION OF SPIRITUOUS LIQUOR AS DEFINED IN PARAGRAPH 31 OF A.R.S. §4-101 IS PROHIBITED IN TOWN OWNED PARKS UNLESS PURSUANT TO A VALID ARIZONA SPECIAL EVENTS LIQUOR LICENSE AND �.. THE EXPRESSED WRITTEN PERMISSION OF THE TOWN COUNCIL. B. THE CONSUMPTION OF BEER AND WINE ON THE PREMISES OF TOWN OWNED PARKS IS LIMITED AND RESTRICTED TO SPECIFIC PERMITTED AREAS. UPON RECEIPT OF A COMPLETED APPLICATION FORM AND PAYMENT OF THE PROPER FEE, THE DIRECTOR SHALL REVIEW THE APPLICATION AND ISSUE THE PERMIT PURSUANT TO PRINTED RULES AND REGULATIONS DEVELOPED BY THE DIRECTOR. C. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL, UPON CONVICTION, BE CONSIDERED A CLASS 1 MISDEMEANOR. SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS A. ALL PERSONS WHO USE TOWN OWNED PARKS SHALL OBEY THE FOLLOWING RULES WHILE ON PARK PROPERTY. 1. ALL PERSONS SHALL COMPLY WITH ALL FEDERAL, STATE, COUNTY, AND TOWN LAWS, RULES, AND REGULATIONS. 2. NO PETS ALLOWED EXCEPT ON LEASH. ANIMAL WASTE SHALL BE I*... REMOVED BY OWNER. ACTIVITIES WITHIN THE OFF -LEASH RECREATIONAL FACILITY ARE EXEMPT FROM THIS PROVISION. Ordinance 01 -16 Page 3 of 5 3. RULES FOR THE OFF -LEASH RECREATIONAL FACILITY SHALL BE SUBJECT TO THE SPECIFIC RULES OF THAT FACILITY. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE OFF -LEASH RECREATIONAL FACILITY. 4. NO PERSON SHALL OPERATE SKATEBOARDS, ROLLERBLADES, INLINE SKATES, BICYCLES OR ANY ROLLING (NONMOTORIZED) VEHICLE IN TOWN PARKS WHERE SUCH ACTIVITY IS SPECIFICALLY PROHIBITED BY APPROPRIATE POSTING OR IN AN UNSAFE MANNER SO AS TO INFRINGE UPON THE SAFETY OF THEMSELVES OR OTHER PARK USERS. ACTIVITIES WITHIN THE BOUNDED AREA OF THE SKATE PARK FACILITY ARE EXEMPT FROM THE PROVISION. 5. RULES FOR THE SKATE PARK FACILITY SHALL BE SUBJECT TO THE SPECIFIC RULES OF THAT FACILITY. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE SKATE PARK FACILITY. 6. PARK HOURS SHALL BE VISIBLY POSTED AT EACH PARK. 7. NO VEHICLES EXCEPT IN DESIGNATED AREAS AND ANY VEHICLES LEFT AFTER 11:00 P.M. WILL BE TOWED AT THE OWNER'S EXPENSE. 8. NO GOLFING OR PRACTICING OF GOLF ON GRASS AREAS. 9. NO OPEN FIRES OR OVERNIGHT CAMPING. 10. NO GLASS BEVERAGE CONTAINERS. 12. NO VENDING OR SALES WITHOUT WRITTEN AUTHORIZATION FROM THE TOWN. 13. GRAFFITI AND DESTRUCTION OF PROPERTY IS PROHIBITED. 14. GAS POWERED MODEL AIRPLANES AND INCENDIARY MODEL ROCKETS ARE PROHIBITED. 15. LAKES, FOUNTAINS, AND OTHER WATERWAYS SHALL NOT BE USED FOR SWIMMING, WADING, BATHING, FISHING, OR BOATING. 16. NO PERSON SHALL TETHER, LAUNCH OR LAND A HOT AIR BALLOON IN A TOWN PARK EXCEPT WITH THE PERMISSION OF AUTHORIZED TOWN STAFF AND A SPECIAL EVENT PERMIT. B. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE CONSIDERED A CLASS 1 MISDEMEANOR. Ordinance 01 -16 Page 4 of 5 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of September, 2001. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Sharon Morgan, Mayor REVIEWED AND APPROVED BY: Cassie B. Hansen, Director of Administration/Town Clerk William E. Farrell, Acting Town Manager/Town Attorney Ordinance 01 -16 Page 5 of 5 Fountain Hills Town Code 1�1 Chapter 9 PARKS AND RECREATION Articles: 9-1 PARKS AND RECREATION DEPARTMENT 9-2 PARKS AND RECREATION COMMISSION 9-3 WATERCOURSE PRESERVATION AND HABITAT ORDINANCE 9-4 PARK RULES AND REGULATIONS Page 1 of 10 Fountain Hills Town Code ,%W Article 9-1 PARKS AND RECREATION DEPARTMENT Sections: 9-1-1 Established 9-1-2 Appointment and Compensation of Director 9-1-3 Powers and Duties of Director 9-1-4 Employees and Equipment Section 9-1-1 Established There is hereby created the department of parks and recreation, a department of the town. It shall consist of the director of parks and recreation, who shall be the head of the department and all employees assigned thereto. All such employees shall perform their duties subject to the supervision of the director. The director of parks and recreation shall supervise the department in accordance with all applicable personnel ordinances and shall exercise such powers and perform such duties as are required by resolution, ordinances or directives from the council and town manager. Section 9-1-2 Appointment and Compensation of Director The position of director of parks and recreation is hereby declared as an appointive position, whose appointment and removal shall be up to the sole discretion of the town manager; compensation shall be determined in accordance with the established policies of the town. Section 9-1-3 Powers and Duties of Director The director of parks and recreation shall: A. Administer and operate existing recreation and park areas, facilities and programs and plans for the acquisition, development and operation of proposed facilities and programs in accordance with policies and procedures set by the council and town manager. B. Prepare an annual budget for presentation under the direction of the town manager. C. Inform the general public of the services and facilities being provided by the department of parks and recreation; address professional, civic and lay groups on recreational subjects; solicit suggestions from the general public on increasing the effectiveness of the recreation program; cooperate with governmental and voluntary organizations and agencies in solving of recreation problems and provide, upon request, assistance of a technical nature to community agencies and organizations on problems related to recreation and park facilities and programs. D. Assist community organizations in the promotion of recreational activities; conduct studies of local conditions and needs for recreation services facilities and assist with the recruitment and Page 2 of 10 Fountain Hills Town Code LIM training of professional recreation personnel and volunteer leaders. E. Upon request, advise the council and community organizations concerning the expenditure of public funds for recreation and parks, acquisitions, design and development of recreation facilities and areas. F. With the approval of the council, post such rules and regulations as deemed necessary for the conduct of persons in the parks and other recreation facilities under the director's jurisdiction and see that the proper ordinances are adopted authorizing said rules and regulations. G. The fellewing fules shall apply te the eenduet of per-sens at Golden Eagle Pafk! 1 . No pets allowed e*eept on leash. ') No . ehieles eY designated«t :« areas and a el.:eles left efte.. 11 -00 « .ill be t..._ ,. towed the ownef's expense 4. No open fifes or- evemight eamping. 5. No glass beverage eentainer-s. aaa w o f:..veafnis of unless s f:e..11y a the fe iz,l v. No ee:. 7No vending a ale... .:thout . ,.:tte« .,..the fiz t:e« UpUpon^ et:e« of , elation of . of the fines set fe.-th : thisb et:o« the « ..t t d en �. � ...,.�...,...,. any .,....., gun, shall be ehar-ged with a petty effense. Subsequent eenvietiens for- the vielatien ef these fuies by the same ,,..t..shall be treated a a etas a sde...-.eane.. HG. Perform other duties as may be assigned by the town manager. i. The fell..i .le shall apply to the nduet of per -sons at the lreentain HillsOff 7 L. 4. Gates n�mst be kept elesed at all times. 6. Dog handler-s using this f6eility ffmst eaFFy en their- per -soft, a stEmda+d (6 feet) length leash. Page 3 of 10 Fountain Hills Town Code 11 8. Any damage done te the pafk (e*. digging) ffmst be r-epair-ed by the dog hand! shall be ehafged with a petty effense. Subsequent eefivietiefts fef: the yieleAen of these Fule&-by the safne paFty shall be treated . ., Glass i f ..a......o,,ne (99-17, Amended, 04/01/1999) Section 9-1-4 Employees and Equipment Manpower and equipment necessary to satisfactorily perform the above functions, including the maintenance and improvement of facilities may be secured either by the hiring of new employees and the purchase or lease of equipment or by assignment of employees and equipment, either in whole or in part, from the staff or equipment assigned in the main to other departments of the town, all at the option of the town manager with the approval of the council if required. OWN * W, N -11. W Page 4 of 10 Fountain Hills Town Code Article 9-2 PARKS AND RECREATION COMMISSION Sections: 9-2-1 Established 9-2-2 Powers and Duties 9-2-3 Membership 9-2-4 Organization; Meetings 9-2-5 Compensation 9-2-6 Removal from Office; Filling of Vacancies 9-2-7 Ex-Officio Members Section 9-2-1 Established There shall be a parks and recreation commission for the town which shall consist of no more than nine members, one of whom shall be appointed from the membership of the Fountain Hills Mayor Youth Council. Section 9-2-2 Powers and Duties The parks and recreation commission shall have the powers and duties to: A. Act in advisory capacity to the council and town manager in all matters pertaining to parks and recreation. B. Consider provisions of the annual budget for park and recreation purposes during the process of the preparation of the budget and make recommendations with respect thereto to the parks and recreation director. C. Assist in the planning of a recreational program for the citizens of the town; promote and stimulate public interest therein. D. Advise the parks and recreation director with respect to the acceptance of money, personal property or real estate donated or offered to the town for park or recreational purposes. E. Perform such other duties not inconsistent with this chapter as may be requested by the council. Section 9-2-3 Membership Appointments to the parks and recreation commission shall be made by the council from among residents of the town. Adult appointees shall be registered voters within the town and eighteen years of age or older. Appointments shall be for a term of three years except for the term of at least one board member, who shall be a resident high school student, and have a one-year term beginning with the start of school. Members first appointed shall so classify themselves by agreement or lot so that each succeeding January Page 5 of 10 Fountain Hills Town Code 1, the terms of at least three members shall expire. Three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the appointing authority without the necessity of a hearing or notice and such action shall be final. (99-34 Ordinance, Amended, 12/02/1999, Three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the appointing authority without the necesssity of a hearing or notice and such action shall be final.) Section 9-2-4 Organization; Meetings A. As soon as practicable following the first day of January of each year, the commission shall organize by electing one of its members to serve as the presiding officer at the pleasure of the commission. The commission may appoint other officers (e.g. vice chairman, secretary, etc.) as may be required. B. The affirmative vote of a majority of the commission shall be necessary for it to take any action except to adjourn. Section 9-2-5 Compensation The members of the commission shall serve without compensation for their services as such but may receive reimbursement for necessary travel and other expenses incurred on official duty with appropriate prior authorization. Section 9-2-6 Removal from Office; Filling of Vacancies A. The council may remove any member of the parks and recreation commission from office at any time. B. Any vacancies in the parks and recreation commission, from whatever cause arising, shall be filled by appointment by the mayor and council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of said term. Section 9-2-7 Ex-Officio Members The mayor, with the consent of the council, may from time to time appoint ex-officio members to the commission. Such members shall serve at the pleasure of the mayor and council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. Page 6 of 10 Fountain Hills Town Code Article 9-3 WATERCOURSE PRESERVATION AND HABITAT ORDINANCE Sections: 9-3-1 Purpose and Intent 9-3-2 Definitions 9-3-3 Development of Washes 9-3-4 Voter Approval of Development 9-3-5 Restrictions on Transfer or Alienation 9-3-6 Modification, Amendment or Appeal 9-3-7 Severability Section 9-3-1 Purpose and Intent Washes owned by the town are valuable natural resources that contribute to the quality of life for the residents of the town. Such washes assist in natural groundwater recharge, support wildlife habitat and provide natural open space. The washes are an integral part of the town's unique Sonoran Desert heritage. The washes are our legacy to the citizens of the town. These regulations are specifically intended to accomplish the following: A. Maintain the natural state of any washes now owned by the town or to be acquired by whatever means by the town. B. Provide for natural groundwater recharge. C. Provide for wildlife corridors. D. Provide open space areas in a natural and unaltered desert environment. Section 9-3-2 Definitions A. "Development" means any human alteration to the natural state of the land including its vegetation, soil, geology or hydrology for any use except flood control, fire control and matters of public safety or emergency, or easement use or maintenance, or maintenance of any existing structure or fixture existing as of the twenty-eighth day of May, 1996. B. "Wash" means any natural watercourse as existing on land owned or to be owned by the town including the immediately adjacent banks of any such wash. Section 9-3-3 Development of Washes No development of any wash shall occur except by an affirmative vote of town electors in any general election held by the town. Page 7 of 10 Fountain Hills Town Code CI Section 9-3-4 Voter Approval of Development Any proposed development of any wash, submitted for voter approval, shall be submitted only after comprehensive studies including, but not limited to the following, have occurred and have been made available in their entirety to the public in at least three open meetings, preceded by at least seven days notice, and at least thirty days prior to any general election: A. A comprehensive inventory and study of, and impact on all vegetation, wildlife and existing recreational uses to be impacted by any proposed development. B. Comprehensive recommendations to mitigate any impact to vegetation, wildlife and existing recreational uses. C. All alternatives to such development. D. Review and analysis of capital costs of any proposed development, including projections of any maintenance expenses projected out at least five years. Section 9-3-5 Restrictions on Transfer or Alienation No sale, swap, trade, lease, transfer or other alienation of any town interest in any wash shall occur without affirmative approval of town electors voting in any town general election. Section 9-3-6 Modification, Amendment or Appeal This article shall not be amended, modified or repealed except by affirmative vote of the town electors voting in any general town election. Section 9-3-7 Severability Should any section of this article be determined to be void, unlawful or of no effect, the remaining sections shall continue to be fully applicable and shall be deemed to be in full force and effect. Page 8 of 10 Fountain Hills Town Code ARTICLE 9-4 PARK RULES AND REGULATIONS SECTIONS: 9-4-1 PURPOSE AND INTENT 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS SECTION 9-4-1 PURPOSE AND INTENT TOWN OWNED PARKS PROVIDE EXCELLENT RECREATIONAL OPPORTUNITIES AND ENCOURAGE ENHANCED QUALITY OF LIFE TO TOWN RESIDENTS. SUCH PARKS ARE MAINTAINED AND OPERATED WITH AN EMPHASIS ON SAFETY, CLEANLINESS, AND BEAUTY. THESE REGULATIONS ARE SPECIFICALLY INTENDED TO PROVIDE RULES AND REGULATIONS FOR EACH TOWN OWNED PARK AND IS ACCOMPLISHED AS FOLLOWS: SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS A. THE CONSUMPTION OF SPIRITUOUS LIQUOR AS DEFINED IN PARAGRAPH 31 OF A.R.S. §4-101 IS PROHIBITED IN TOWN OWNED PARKS UNLESS PURSUANT TO A VALID ARIZONA SPECIAL EVENTS LIQUOR LICENSE AND THE EXPRESSED WRITTEN PERMISSION OF THE TOWN COUNCIL. B. THE CONSUMPTION OF BEER AND WINE ON THE PREMISES OF TOWN OWNED PARKS IS LIMITED AND RESTRICTED TO SPECIFIC PERMITTED AREAS. UPON RECEIPT OF A COMPLETED APPLICATION FORM AND PAYMENT OF THE PROPER FEE, THE DIRECTOR SHALL REVIEW THE APPLICATION AND ISSUE THE PERMIT PURSUANT TO PRINTED RULES AND REGULATIONS DEVELOPED BY THE DIRECTOR. C. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL, UPON CONVICTION, BE CONSIDERED A CLASS 1 MISDEMEANOR. SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS A. ALL PERSONS WHO USE TOWN OWNED PARKS SHALL OBEY THE FOLLOWING RULES WHILE ON PARK PROPERTY. 1. ALL PERSONS SHALL COMPLY WITH ALL FEDERAL, STATE, COUNTY, AND TOWN LAWS, RULES, AND REGULATIONS. 2. NO PETS ALLOWED EXCEPT ON LEASH. ANIMAL WASTE SHALL BE REMOVED BY OWNER. ACTIVITIES WITHIN THE OFF -LEASH RECREATIONAL FACILITY ARE EXEMPT FROM THIS PROVISION. Page 9 of 10 Fountain Hills Town Code 3. RULES FOR THE OFF -LEASH RECREATIONAL FACILITY SHALL BE SUBJECT TO THE SPECIFIC RULES OF THAT FACILITY. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE OFF -LEASH RECREATIONAL FACILITY. 4. NO PERSON SHALL OPERATE SKATEBOARDS, ROLLERBLADES, INLINE SKATES, BICYCLES OR ANY ROLLING (NONMOTORIZED) VEHICLE IN TOWN PARKS WHERE SUCH ACTIVITY IS SPECIFICALLY PROHIBITED BY APPROPRIATE POSTING OR IN AN UNSAFE MANNER SO AS TO INFRINGE UPON THE SAFETY OF THEMSELVES OR OTHER PARK USERS. ACTIVITIES WITHIN THE BOUNDED AREA OF THE SKATE PARK FACILITY ARE EXEMPT FROM THE PROVISION. 5. RULES FOR THE SKATE PARK FACILITY SHALL BE SUBJECT TO THE SPECIFIC RULES OF THAT FACILITY. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE SKATE PARK FACILITY. 6. PARK HOURS SHALL BE VISIBLY POSTED AT EACH PARK. 7. NO VEHICLES EXCEPT IN DESIGNATED AREAS AND ANY VEHICLES LEFT AFTER 11:00 P.M. WILL BE TOWED AT THE OWNER'S EXPENSE. 8. NO GOLFING OR PRACTICING OF GOLF ON GRASS AREAS. 9. NO OPEN FIRES OR OVERNIGHT CAMPING. 10. NO GLASS BEVERAGE CONTAINERS. 11. NO FIREARMS OR WEAPONS. 12. NO VENDING OR SALES WITHOUT WRITTEN AUTHORIZATION FROM THE TOWN. 13. GRAFFITI AND DESTRUCTION OF PROPERTY IS PROHIBITED. 14. GAS POWERED MODEL AIRPLANES AND INCENDIARY MODEL ROCKETS ARE PROHIBITED. 15. LAKES, FOUNTAINS, AND OTHER WATERWAYS SHALL NOT BE USED FOR SWIMMING, WADING, BATHING, FISHING, OR BOATING. 16. NO PERSON SHALL TETHER, LAUNCH OR LAND A HOT AIR BALLOON IN A TOWN PARK EXCEPT WITH THE PERMISSION OF AUTHORIZED TOWN STAFF AND A SPECIAL EVENT PERMIT. B. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE CONSIDERED A CLASS 1 MISDEMEANOR. Page 10 of 10 RULES FOR DESERT VISTA NEIGHBORHOOD PARK, FOUNTAIN PARK, FOUR PEAKS NEIGHBORHOOD PARK, AND GOLDEN EAGLE PARK Park will be open from 6:00 a.m. to 11:00 p.m. Town of Fountain Hills "No Trespassing" Ordinance will be enforced after the park is closed. 1. All persons shall comply with all Federal, State, County, and Town laws, rules, and regulations. 2. Alcoholic beverages prohibited except with permit. 3. No pets allowed except on leash. Animal waste shall be removed by owner. 4. No person shall operate skateboards, rollerblades, inline skates, bicycles or any rolling (nonmotorzied) vehicle in Town parks where such activity is specifically prohibited by appropriate positing or in an unsafe manner so as to infringe upon the safety of themselves or other park users. 5. No vehicles except in designated areas and any vehicles left after 11:00 p.m. will be towed at the owner's expense. 6. No golfing or practicing of golf on grass arE 7. No open fires or overnight camping. 8. No glass beverage containers. 9. No firearms or weapons. 10. No vending or sales without written authorization from the Town. 11. Graffiti and destruction of property is prohibited. 12. Gas powered model airplanes and incendiary model rockets are prohibited. 13. Lakes, fountains, and other waterways shall not be used for swimming, wading, bathing, fishing or boating. 14. No person shall tether, launch or land a hot air balloon in a Town park except with the permission of authorized Town Staff and special event permit. Pursuant to Fountain Hills Ordinances Parks and Recreation 815-5124 RULES FOR THE OFF -LEASH RECREATIONAL FACILITY The Off -Leash Recreational Facility will be open from sunrise to sunset. Town of Fountain Hills "No Trespassing" Ordinance will be enforced after the park is closed. 1. Dogs may be off leash in the enclosed area. 2. Dogs shall wear a visible and current license. 3. Dog waste shall be removed and properly disl 4. Aggressive dog behavior is prohibited. 5. Gates shall be kept closed at all times. 6. Dog handlers shall be within the facility and supervise their dogs at all times. 7. Dog handlers using this facility shall carry on their person, a standard (6- foot) length leash. 8. Female dogs in heat are prohibited. 9. Any damage done to the park (ex: digging) must be repaired by the dog handlers. 10. Children 12 and under must be accompanied by an adult and children under the age of two are prohibited. 11. Dogs must be leashed until completely inside the enclosed area. 12. All dog handlers who fail to comply with these rules at the Off -Leash Recreational Facility may be asked to leave or be cited if appropriate. Pursuant to Fountain Hills Ordinances Parks and Recreation 815-5124 .o..o..�..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o. .o. .o. .7 RULES FOR THE SKATE PARK FACILITY The Skate Park Facility will be open from 7:00 a.m. to 9:30 p.m. Town of Fountain Hills "No Trespassing" Ordinance will be enforced after the park is closed. 1. The Skate Park is a skate at your own risk facility. This is a non - supervised facility designed for skateboarding and in -line skating only. 2. Bicycles, motorized vehicles, and other similar wheeled devices are prohibited. 3. Skateboarding and or skating is a "High Risk Activity". The Town .0. strongly recommends that persons using the Skate Park Facility wear a •p. helmet, kneepads, elbow pads, and wrist guards at all times. The Town .�• will not be responsible for injuries resulting from failure to use such .0• protective devices. 4. Inspect the surface before you ride them. Remove all trash, debris and `Y objects that may prevent a smooth safe ride. Report any damage to skate park surface to the town of fountain hills parks and recreation department immediately at 480-816-5124. •a• .o. .p• 5. Skating at the Skate Park Facility is prohibited when equipment surfaces •�• are wet, during rainstorms, or during routine skate park maintenance. •�' 6. Graffiti at the skate park facility is illegal and will not be tolerated. Keep park surfaces clean as graffiti will close the park down for paint removal. 7. This park has been designed for all skill Levels. Be courteous to other people using the facility and all other park patrons. 8. No competitive or demonstration events are allowed at the Skate Park Facility. Pursuant to Fountain Hills Ordinances _7 , Parks and Recreation 815-5124 .o..o..�..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o..o•.o..o..o•.o..�.: TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner M� DATE: August 31, 2001 SUBJECT: Preliminary & Final Plat for " The AGW Ibsen Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off -site improvements or Improvement Plans needed for this plat. This plat is a request by George Williams, which would condominiumize two units located at 14223 N, Ibsen Dr., aka Lot 5, Block 15, Final Plat 104. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. 3 TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT SEPTEMBER 6, 2001 CASE NO: S2001-024 LOCATION: 14223 N. Ibsen Dr., aka Lot 5, Block 15, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for"The AGW Ibsen Condominiums", a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION LOT SIZE: George Williams George Williams "R-2" Constructed 12,800 square feet SURROUNDING LAND USES AND ZONING: NORTH: SOUTH: EAST: WEST: SUMMARY: Single-family; " R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" This request is for approval of the Preliminary and Final Plat for "The AGW Ibsen Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed, The owner, George Williams, has chosen to convert a two -unit residential complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,234 square feet and a minimum livable area of 1,233 square feet. Each unit will have a one -car carport. The property was built under building permit number 45404B. RECOMMENDATION: The Planning and Zoning Commission and staff recommend approval of S2001-024; Preliminary and Final Plat for "The AGW Ibsen Condominiums". qp� Ay,"e, r ora TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Condominium Name e �C Tii W ' s e ^ � Condominium Address .r6 11 Ar"'ve Legal'Description of Lot/Parcel Being Platted Plat Parcel Size J, Number of Tra s General Plan Land Use Designation /I Density Requeste (Dwelling Units Pe Acre) • "-doe-, lic Appnt Gv,' /'arKS Address Itle00 y l40,o�,� ' Owner O�• ✓c ,sy we a s Ap I C� Address Attachments (Please list) �%r-4,r i rive Signat a of Owner I HERBY AUTHORIZE (Please Print) �J r��TO FILE THIS APPLICATION FILE THIS APPLICATION Subscribed and sworn before me this day of My Commission Expires Notary Public Fee Schedule Attached ,OW Accepted By k L ;Numberff!rnits Lots oning P A 094.. Day Phone 10 34 City ST Zip Day Phone City ST Zip iAWZe tosiei� Date 7- ,19 TFH Case Number S ,-2S 1--Jq i r it ! = t= i ' •i Ili if I I ll R. r!!�t .'eel 51i M Ilil r :li. O I,,, 1,, �4l1 �Il�I e�llfll" Nil !li i Q CL � O ra. Z �a of O � < $ 1 il►_ U r P 0 �11H .r�f�y J 01 1 Jill r r- TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner DATE: August 31, 2001 SUBJECT: Preliminary & Final Plat for " The Delia Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off -site improvements or Improvement Plans needed for this plat. This plat is a request by Brian L. & Tammy M. Delia, which would condominiumize two units located at 17132 E. Salida Dr., aka Lot 9, Block 4, Final Plat 201. Please refer to the attached Planning and Zoning Commission and staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT SEPTEMBER 6, 2001 CASE NO: S2001-025 LOCATION: 17132 E. Salida Dr., aka Lot 9, Block 4, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for 'The Delia Condominii unit condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Brian L. & Tammy M. Delia Brian L. & Tammy M. Delia "R-2" Constructed 13,111 square feet SURROUNDING LAND USES AND ZONING: NORTH: SOUTH: EAST: WEST: SUMMARY: Multi -family; " R-3" Single-family; zoned "Rl-8" Duplex; zoned "R-2" Duplex; zoned "R-2" This request is for approval of the Preliminary and Final Plat "The Delia Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owners, Brian L. & Tammy M. Delia, have chosen to convert a two -unit residential complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,451 square feet, a minimum livable area of 1,453 square feet and a covered patio. Each unit will have a two -car garage. The property was built under building permit number 1989-1732. RECOMMENDATION: The Planning and Zoning Commission and staff recommend approval of S2001-025; Preliminary and Final Plat for "The Delia Condominiums'. r- I JUL-12-03 6e:0: PM Y Y 4wx� 2EE3P,.Kc 402Q36909b TOWN OF FOUNTAIN FALLS COMMUNITY DEVELOPMENT DEPARTMENT P.O] scc/:lc'OE :�s4 £666�N77C9 :E:61 tt)C7.cl*7r.: r it C CV ,� a. C) j.. � I�i�� ■� r , ■ it � ■ ■pp�. i i c') C"i, g cc: j Jill uj o 0 U i feO. ll 0�11 !Nr�■ d r t Ir , 'r I; i ! 1 1 J Z P J W 0 '0F E o. C EE AIN 1%r d Aer-' aD t m v fiR- JHi -� 1 1 1 .tt aw-J R } A H p ►�. ' 111, J M r-cam r r- MEMORANDUM TO: HONORABLE MAYOR MORGAN TOWN COUNCILMEMBERS CASSIE HANSEN FROM: WILLIAM E. FARRELL, ACTING TOWN MANAGER DATE: SEPTEMBER 5, 2001 RE: ADDED ITEM — CONSENT AGENDA CHANGE ORDER — SAGUARO BOULEVARD The Engineering Department met with me on Tuesday, September 41h, and described a project designed to ease some flooding concerns that periodically occur on Saguaro Boulevard. The attached visuals will show you exactly where the work is to be performed. We stand to receive slightly over $28,000 in grant funds to assist in this project. I have added this item to the consent agenda at this meeting so that preparations can begin immediately and not interfere with traditional park events in November and December. I have every assurance from Engineering that this can be completed prior to the November and December events, and I will hold Randy and Tom to that word. Bill Hazard Mitigation Projeadoc Page I of 2 Chron 197 0 ��TA1N w o � 44 Hs,: 190 �fhdf is ATE TO: Honorable Mayor and Council FROM: Randy Harrel THROUGH: Bill Farrel DATE: September 4, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM RE: Hazard Mitigation Drainage Project Saguaro Blvd @ Parkview and Stewart Vista "Change Order" Approval to Annual Concrete Contract The existing undersized drainage systems on Saguaro Blvd across from Fountain Park (at Parkview Avenue and at Stewart Vista Avenue) have been a problem after many intense rainstorms, as illustrated in the attached photo. We have Hazard Mitigation grant funding for a portion of this work from Arizona Department of Emergency Management (ADEM). ADEM has recently (on July 19, 2001) allowed the transfer of funding from two other projects into this project. Grant funding reimbursement will total $28,600. Staff intends to authorize this work under our Annual Concrete Contract and Annual Asphalt Contract —with additional work items as appropriate. Markham Contracting currently holds both contracts. The amount of proposed additional work items under our annual concrete contract exceeds the Town Manager's approval authority and therefore requires Council approval. Staff has reviewed Markham's quote for these additional work items and is comfortable that bidding this work as a separate project would not improve the overall project cost. (Bidding this project separately would also preclude utilizing the grant funding, and would either conflict substantially with more special events, or would further delay this project.) The full bid/quote tabulation spreadsheets and project drawings are available for Council's review upon request. The work areas are shown on the attached map. The project includes a total of eight very long catch basins, three manholes, 280' of connecting storm drain pipe (24" to 60" diameter), and asphalt/curb replacements. The work will require construction in Fountain Park of about 1/4 acre at Parkview Avenue, and only adjacent to the Saguaro Blvd right-of-way at Stewart Vista Avenue. (After this project, any Hazard Mitigation Project.doc Page 2 of 2 Chron 197 Park irrigation and turf areas damaged will be restored using a work order under our annual landscape contract. The work will be coordinated to be completed prior to the Great Fair in November (weather permitting), but if any delays should prevent that, the work area will be covered and secured during the Fair. No crossings of Saguaro Blvd are required, since an existing 60" pipe at each location is adequately sized and will remain. Curb lane and bike lane closures will be required to build this work, but no full street closures will be allowed. (Short duration half street closures may be allowed if and when necessary.) Project Cost Summary (Costs rounded to dollars) Contracted Unit Price Work Change Order Work Total Work Asphalt Contract $ 57,548 $ 7,628 $ 65,177 Concrete Contract $56,732 $48,577 $105,309 Total Project Cost $114,280 $56,206 $170,486 Grant Funding ($ 28,600) * Staff recommends approval of a change order to the Annual Concrete Contract to Markham Contracting in the amount of $48,577.20, for the Hazard Mitigation Drainage Project. .e Surf's up AThursday morning rain shower flooded this section of Saguaro Boulevard at Parkview Avenue. A total of .35 inches of rain was recorded in the storm. Another .20 inches fell on Friday night during a thunderstorm. Lightning from that storm forced cancellation of the second half of the local high school football game. See story on Page 2B. E Surf's up AThursday morning rain shower flooded this section of Saguaro Boulevard at Parkview Avenue. A total of .35 inches of rain was recorded in the storm. Another .20 inches fell on Friday night during a thunderstorm. Lightning from that storm forced cancellation of the second half of the local high school football game. See story on Page 2B. TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William Farrell, Town Attorney and Acting Town Manager FROM: Jesse Drake, Senior Long Range Planner Jp DATE: August 31, 2001 SUBJECT: Consideration of the Special Use Permit for " Fountain View Village". This request is for approval of a Special Use Permit for a Comprehensive Sign Plan for existing and future buildings at Fountain View Village, located at 16455 Avenue of the Fountains. Please refer to the attached Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT .. September 6, 2001 CASE NO: SU2001-11 LOCATION: 16455 Avenue of the Fountains, aka -Final Plat Fountain View Village. REQUEST: Consideration of a Special Use Permit, for a Comprehensive Sign Plan for existing and future buildings at Fountain View Village. PROJECT MANAGER: Jesse Drake, Senior Long Range Planner DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: Vital Signs Fountain View, L.L.C. "C-2" w/S.U.P. SU99-04. Partially built -out group vacant land remaining. 18.31 acres SURROUNDING LAND USES AND ZONING: home building complex, .some NORTH: Existing retail center, zoned "C-2" SOUTH: Existing multi -family (La Vida Buena) and vacant land, zoned "R-4" EAST: Existing multi -family (Thunder Ridge), zoned "C-2" w/S.U.P. SU97-03 WEST: Existing multi -family (Four Peaks Vistas) and vacant land, zoned "R-4" SUMMARY: This request is for approval of a Comprehensive Sign Plan for the Fountain View Village Senior Living Center complex. The proposal consists of: 1. Four 24-square foot freestanding monument signs, with the provision for one future 24- square foot freestanding monument sign for a future building. a. One at the northernmost entry on Avenue of the Fountains b. One at the corner of Avenue of the Fountains/Avenida Vida Buena c. One at each of the two entry driveways on Avenida Vida Buena d. One at the future building site at the northeast corner of Fountain Hills Boulevard/Avenida Vida Buena 2. Four directional signs, each two square feet in area, 3.5 feet tall a. One at each of the two entry driveways on Avenue of the Fountains b. One at each of the two entry driveways on Avenida Vida Buena 3. Building identification signs The monument signs will have external ground mounted illumination. The directional signs will be internally illuminated. Building identification signs will not be illuminated. EVALUATION: The Fountain View Village group home complex was originally permitted by Special Use Permit SU99-04. The 8/12/99 staff report states in part: "In discussions with staff prior to application of this special use, staff made the interpretation that the Skilled Nursing and Assisted Care portions of the request were commercial in nature.... Staff further interpreted that the Independent Care facility was more of a multi -family use...." No part of the original application contained any provision for signage. The zoning ordinance specifies that the signage for a non-residential building complex in a C-2 zoning district conform to the requirements of a Comprehensive Sign Plan (Section 6.07.13.2). As such the allowable signage would be limited to one freestanding sign of 24-square feet on each street frontage, and wall (building) mounted signage. Additionally, Section 6.06.C.3 restricts the approval of a Comprehensive Sign Plan to projects of at least forty (40) acres if there is a mixture of residential and non-residential development. Since the acreage is insufficient for a Comprehensive Sign Plan and the applicant and owners of the Fountain View Village Senior Living Center are requesting more than one freestanding sign per street frontage, the only method to accommodate the request is a Special Use Permit application. The proposed signage is low-key and in keeping with the design of the center. All monument signs will be placed onto split -face block architectural features. The corner monument sign will identify the project as a whole at the intersection, and will blend into the slope of the hill and incorporate landscaping above the block wall. The remaining monument signs will identify the individual building uses: Independent Living, Assisted Living and Skilled Nursing. The proposal includes one future matching monument sign for a future building at the remaining vacant portion of the site. Four illuminated directional signs are proposed placed at each of the complex entrances to assist with internal circulation at the project site. Approval of this Special Use Permit would limit future signage on the site. No other signage for commercial uses would be allowed. No neon or backlit signage would be permitted. No directory boards would be permitted. The signage for the future building on the vacant portion of the site would be identified and pre -approved, eliminating the need for future permits by the applicant. RECOMMENDATION: The Planning and Zoning Commission recommended approval of SU 2001-11, "Fountain View Village" on August 23, 2001 with one stipulation, and staff recommends approval of SU 2001- 11, "Fountain View Village" Comprehensive Sign Plan with the stipulation that: 1. The directional sign, located in the planter box at the main entrance into the complex from Avenue of the Fountains, shall be placed a minimum of eighteen (18) feet back (west) from the projected street curb line (face of curb) to the street -most portion of the sign. TOWN OF FOUNTAIN HILLS —�a COMMUNITY DEVELOPMENT DEPARTMENT „ ''a i, Date Flled Fee Paid Accepted By Type of Special Use Requested (Al� t!J1S fT Zoning Address of Subject Property Legal Description, Plat Block Lot(s) Applicant Day Phone V� �60J� a� ?l Co •�� AddressIJ li�S Z Zip s2,&8 Owner ay Phone G , Address city ST Zip S�naturs of Owner I HERBY AUTHORIZE (Please Print) Date I,T.7,$t v-t'w, ,(.i.d . Y, PAL /1,12,1 TO FILE THIS APPLICATION. Subscribed and sworn before me this r� LL —day of My Commis sl ire��'� Notary Publ NOTARY -State NebraaM 11 TERRI L TEFFT rh Comm. Ev. Apra S, 2W41 submittal Requirements (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 15 full size folded 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. 1 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 neigh orhood and what ste s will be taken to avoid these Cass Number adverse acts. 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CL `;'+,ti` � J W= OL ''ems ••.y H 0 o- o o in °> C >z LU NL vw p w �g � n N Z W Z i � w Q WHO Q N cu i= opi r of jii ttzi. 02 i3Ft= iii� j°iou+ tt; "ooi? iz, °3 i3o�: iuti I2t�i4t0 W�� ttr0[ q? a �p Fall c°y F u O LL 0 Ng' z > Z <. • Z W i Z o N LL LU ,N zWaai W wo-j-D �<hN ^ " o • 11 0 U- n v m � z -p ad aar -a ar ar n X z 0 rA Y _u y _ u a� ad QQv Ov cnZi-- = �� Q v Q0 Q O n O LU J wm J�TTT E-TJ0 Fyy < %b <? tL N N � 4 ° --• (il r (LL .V U N .\b V/ LL I.-, t e Q z 0 w v Q Q Z J 4 V m D w J o o.. 0' � o r 0> z Q � Z >z I8 w 0 � o M W ry Z"Om N z z N uj z ° w U LU N000 z N Y ca a = z3i=i ;ao° ?oeri `u:n cc•oj ��, u Z O LL ' III o I;! w ccL W S; • Z WZ Z It 6 Z° �Nw �Wa(L W ulOUJUJ i )RM N Z 0 t TOWN OF FOUNTAIN HILLS 0 MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner DATE: August 31, 2001 SUBJECT: Cut and Fill Waiver request from Sunridge Canyon, I.LC, for an existing unpermitted fill condition that exceeds the maximum allowed 10' fill by approximately 10' at it's highest point; located along the east side of Sunridge Canyon Drive between Parcels I and K; CFW2001-01. On March 22, 2001, the Planning and Zoning Commission unanimously recommended approval of this request for a fill waiver with stipulations. On April 6, 2001, Town Council continued this fill waiver request with a 4-3 vote. The primary reason for the continuance was to allow Suncor and Town Staff time to complete the remaining subdivision improvement close-out items listed in the memorandum dated March 16, 2001 from Randy Harrel to Jeff Valder. Please refer to the attached memorandum from the Town Engineer, Randy Harrel, for details regarding this request. Town Council also requested additional information on the nature of the fill and its conformity to Town grading ordinances. The Zoning Ordinance allows unretained fill slopes up to a maximum of six feet above natural or subdivision finished grade. Any fill grading in excess of these amounts must be contained by retaining walls. The Zoning Ordinance also requires that the maximum fill slopes allowed cannot exceed 2:1. Compliance to these ordinances would require the applicant to provide a series of terraced retaining walls to contain all fills over six feet with 2:1 fill slopes between retaining walls. This is a substantial alteration to the existing fill and would require additional horizontal disturbance and removal of a large portion of the existing fill. The Planning and Zoning Commission recommend the Town Council approve this fill waiver with the following stipulations: 1) Provide a landscaping and irrigation plan conforming to the Subdivision Ordinance of the Town of Fountain Hills for "non -abutting" landscaping requirements, to be approved by the Town. 2) Provide a Registered Civil Engineer grading plan in conformance with all Town ordinances and guidelines for the entire fill area, to be approved by the Town prior to any further grading activity. 3) Conform to the bulleted stipulations listed in the Memorandum dated March 16, 2001, from Randy Harrel to Jeff Valder, regarding "SunRidge Canyon Closeout". Due to the progress staff has made with Suncor since the April 5, 2001 Town Council meeting, the above listed stipulations have been amended. See the attached memorandum from Randy Harrel dated August 31, 2001 for an updated list of staff recommended stipulations. If you should have any questions, I can be reached at 816-5138. SRC Parcel I Berm 8-31-01.doc Page 1 of 2 Chron 196 O��'rAIN A\ � - that is is A � TO: Jeff Valder FROM: Randy Harrel ' Ln REVIEWED: Bill Farrel rvv_ DATE: August 31, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM RE: SunRidge Canyon Closeout ■ Fill Waiver Request: At Parcel I Berm along Sunridge Drive ■ Request to Rescind Stipulation #7 of the Parcel I Rezoning (1997) SunRidge Canyon LLC has requested a fill waiver to allow an existing berm to remain along the east side of Sunridge Drive between the developed parts of Parcels I and K (between Staghorn Drive and Sundown Drive). (Technically, in order to accomplish SunRidge's intent, the Council also needs to rescind Stipulation #7 of the Parcel I Rezoning.) This request was approved unanimously by the Planning Commission on March 22, 2000, and was continued by the Council on April 5, 2001. SunRidge has previously landscaped the western (roadway) side of this berm, and has submitted their proposed landscape plan for the eastern (wash) side of the berm for the Council's information (copy attached). This area was intended to be several R1-10A lots in the SunRidge Master Plat, and was used as an earthwork stockpile area during construction; but it was converted to an open space area in the Parcel I rezoning (Case Z96-29). Adjacent residences have endorsed leaving this berm in place, as indicated on the attached letter. SunRidge has submitted several photographs (attached) showing that the berm is blending into the surrounding area. From Sunridge Drive the material appears as an earthen slope typically about 12' above the roadway. The material provides a visual barrier between the nearest lots in Parcel K (below) and in Parcel I (above) Sunridge Drive. SRC Parcel I Berm 8-31-01.doc Page 2 of 2 Chron 196 This existing fill is about 15' deep at its deepest point above the previously existing grade. Since it exceeds the allowed 10' maximum fill, those portions exceeding 10' of fill require a "fill" waiver from the Council. The berm exceeds the Subdivision Ordinance's maximum slope of 3:1 in several places, in addition to its excess fill height. However, the slopes appear visually to be relatively stable, and do not have substantial erosion. At this point in SunRidge's development, the berm would be a major disruption if it were actually removed. And, leaving the berm in place has visual barrier and noise barrier benefits to adjacent residences and to vehicles on Sunridge Drive. Staff recommends the following remaining stipulations: ■ Have the slope stability of the berm evaluated by a competent geotechnical engineer. Comply with his recommendations regarding any unstable areas. Stabilize any portions of the fill in excess of 2:1 slope along the drainage area. ■ Place trees and shrubs on the top and on the side slopes of the berm. Extend the drip watering system to provide watering for this vegetation. (Preliminary submittal attached.) ■ Remove the large rocks and boulders from the wash bottom. These may be placed at the edge of the channel bottom, and securely set in place. ■ SunRidge shall maintain subdivision bonds, totaling at least $50,000 for 1 year after substantial completion of the above work, for subdivisions which contributed to or utilized the material in this berm. The Town will require no separate bonding, provided that SunRidge maintains the above -required level of bonding. SunRidge shall provide written designation as to which bond they will maintain. Staff recommends rescinding Stipulation #7 of the 1997 Parcel I rezoning, which previously required that this fill material be removed. Staff recommends approval of the fill waiver and approval of the existing slope steepness, with the above stipulations, so that the fill can remain in place. M9 att. 12-12-00 letter from Quinn Johnson Streetscape Revegetation Plan Area Photos Resident concurrence letters cc: Quinn Johnson/SunCor Development Marianne Wiggishoff/Community Association Tom Ward D� SUNCOR December 12, 2000 Randy L. Harrel, P.E. Town of Fountain Hills 16836 East Palisades Boulevard P.O. Box 17598 Fountain Hills, Arizona 85269 Dear Randy: Hand Delivered Per our conversation, I request Town approval of the following improvements to the material berm located at SunRidge and Shadow Canyon Drives in Parcel I: • Clean wash bottom by removal of boulders in flow line of wash; • Stabilize toe of slope by placing boulders at catch point of slope using low impact equipment (i.e., crane); • Revegetate wash side of berm to match plant type and density of road side. Revegetation will include hand planting and installation of a temporary drip system. Residents that we have spoken with in homes adjacent to the berm strongly support its presence. I feel that these improvements will enhance the stability and aesthetics of the berm by avoiding additional significant disturbance to the site and nrotertino tba e"r-cessful reveaetatinn of the original disturbance that occurred during construction of Parcels 1 at, r. We appreciate being a part of the future of the Town of Fountain Hills. Kindest regards, Quinn Johnson P.E. Land Development Manager cc: Thomas Ward Jim Adair W Oct0. . ( V to 6'.. — OWW �W o gco CD IL NW W W a J 8 KI �Of ~ w W� ao 2 u- Q W oEfi Z z �Z w - - tltltltlyf � 33 Z $ 3D F-=Qw Z8� c 6 Q cl- W U ��dpJ <� 3 x �.+i C oaF W E yCy yGy l Y�I 7ff7n�� RW Ea y c' ® 0 0 { 0 0 * 0 jig err pp-�a�w.semnmoc^'c�'. _- pia :: � w4 X� cC �' �,: 'M ✓ i�.a+ y. _ Mt. .._ _._. _ ..,�_. _ �.. _�, - .-•a -` P� � � a r � � , /, fz s ' � : f � ,•n. �p r .:.r`� � 7�t� y �i�" tr u 24 i... ,Y f. �.M 1(,� ' Rl I► ..::fit. 1 I "' .`'.+� 1 �t; � r,,.`.fi �'��N` ,. t. � .s,«..,,.�4rrf4R•-��y m• .,'i Ion. r� 13 L Looking North on SunRidge Drive (Berm on right) Looking Northeast from SunRidge Drive over the Berm, towards Sundown Drive Looking South along SunRidge Drive showing sample plot location in relation to Berm 08/31/2001 13:07 4809217564 CCMC ARIZONA PAGE 02/02 MEMORANDUM To: Honorable Mayor and Common Council From: Marianne Wiggishof� Community Association Manager/CCMC CC: Randy Harrel, Tom 'Ward, Jeff Valder/ TofFH Date: August 31, 2001 Re: Sunridge Canyon Drive Berm On behalf of the Board of Directors of the SunRidge Canyon Community Association,) write to inform you of the Association's position regarding the berm at Sunridge Drive and Sundown Drive, an issue that will come before you on September 6. On July 26, 2001, at its regularly scheduled meeting, the Board of Directors heard a presentation by Quinn Johnson of SunCor about the proposed plan for the berm along Sunridge Drive. The Directors questioned Quinn about the amount of fill -dirt and possible requirement to reduce the size of the berm. Quinn also presented the landscaping plans. The Board voted unanimously in support of the landscape plan and urged that the landscaping be as natural as possible to blend into the surrounding natural areas and minimize maintenance costs to the Association, which will shortly inherit that responsibility. The Board also supported keeping the berm "as is" in terms of height (no reduction in size) because of the shelter the berm provides residents of the gated portion of Solitude. (A resident in attendance had stated that the berm provided shelter from noise and the lights of on -coming traffic on Sunridge Drive.) The Board of Directors respectfully asks that you take its position into consideration as you deliberate this case. Ell r� • F_S_UN(QRj February 5, 2001 Ms. Glenda Blanchard 14512 North Sagebrush Lane Fountain Hills, Arizona 85268 Dear Ms. Blanchard: b6, OF(/- COFy During the construction of SunRidge Drive and other nearby streets, an earthen berm was constructed adjacent to the roadway near the intersection of SunRidge and Shadow Canyon Drives. The Town of Fountain Hills requires that construction fills of 10 feet or more obtain Town Council approval. This berm exceeds 10 feet of fill. The roadside slope of the berm was planted with native vegetation several years ago which is successfully growing. However, the backside of the berm was not replanted at that time. We feel that the berm creates an attractive barrier for noise and lights for adjacent property. We are asking the Town Council to allow the berm to remain and the backside of the berm to be re -planted per the enclosed landscape plan. We also intend to relocate boulders from the flow line of the wash and place them at the toe of the slope. As a neighbor to this area, we are asking for your support. Please sign the attached letter and return it in the self-addressed stamped envelope by February 10, 2001. We intend to request Town Council approval of this proposal on February 15, 2001. If you have any questions, feel free to contact me at 602-686-3960. Thank you for your consideration. Kindest regards, Quinn Johnson Land Development Manager Attachments SunCor Development Company 7025 East Greenway Parkway • Suite 100 • Scottsdale, Arizona 85254 • Tel 480.998.7901 • Fax 480.315.8931 08/31/01 FRI 12:00 FAX 4804838483 GOLDEN HERITAGE HOMES 2 002 Reginald & Rosemary Fellhauer 14503 North Creosote Fountain Hills, Arizona 85268 Parcel K, Lot 12 Ms. Glenda Blanchard 14512 North Sagebrush Lane Fountain Hills, Arizona 85268 Parcel K, Lot 2 Jack & Maribeth Brown 14518 North Creosote Fountain Hills, Arizona 85268 Parcel K, Lot 7 Kathryn Peters 14511 North Sagebrush Lane Fountain Hills, Arizona 85268 Parcel K, Lot 38 Ronald & Judith Vachris 14517 North Creosote Fountain Hills, Arizona 85268 Parcel K, Lot 9 Thomas & Grace Baumgarten 14508 North Sagebrush Lane Fountain Hills, Arizona 85268 Parcel K, Lot 1 Victor & Doris Yates 14504 North Creosote Fountain Hills, Arizona 85268 Parcel K, Lot 4 February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. I (We) concur with the preservation and revegetation of the berm as proposed by SunRidge Canyon, L.L.C. ® Reginald and/or Rosemary Fellhauer Date February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. I (We) concur with the preservation and revegetation of the berm as proposed by SunRidge Canyon, L.L.C. Glenda Blanchard 6 A - '� - t) / Date February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. I (We) concur with the preservation and revegetation of the berm as proposed by SunRidge Canyon, L.L.C. -/- a/ Jack and/or aribeth Brown Date e February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. I (We) concur with the preservation and revegetation of the berm as proposed by SunRidge canyon, L.L.C. Ronald and/or Judith Vachris �11 � It SEB Z� 1 Date • February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. I (We) concur with the preservation and revegetation of the berm as proposed by SunRidge Canyon, L.L.C. Th mas and/or Grace Vaunigarten Date .7 February, 2001 Town of Fountain Hills Town Council 16836 East Palisades Fountain Hills, Arizona 85268 Dear Member: I have reviewed the SunRidge Drive Streetscape Revegetation Plan for the berm near the intersection of SunRidge and Shadow Canyon Drives. d I (We) concur with the preservation and revegetation of the berm as proposed by S ge Canyon, L.L.C. nd/or Do s Yates Date E, Town of Fountain Hills Memorandum DATE: August 31, 2001 TO: The Honorable Mayor and Common Council and the Fountain Hills Planning and Zoning Commission FROM: Jeffrey Valder, Director of Community Developme THROUGH: William E. Farrell, Acting Town Manager SUBJECT: Status memorandum regarding the Eagle Ridge North and Eagles Nest development applications. At the August 23, 2001 Planning and Zoning Commission meeting, the Commission continued their consideration of these two subdivision applications until the Commission's September 10, 2001 meeting. Staff confirmed to the Commission at that time that we would forward to the Commission any additional information and some revised graphical exhibits. That information is provided in this memorandum and the additional graphics are attached. Staff also suggested that, in order to facilitate the Town Council's review of these two developments, we provide the Council with copies of the staff reports and the graphical information already supplied to the Commission so that Councilmembers could begin reading about the developments and reviewing the various maps and graphics. Therefore, a copy of this memorandum and its attached graphics, as well as a copy of the staff reports and other information already provided to the Planning and Zoning Commission, is also being delivered to the Council. There will be an informational item relating to these development applications on the Town Council's September 6, 2001 meeting agenda. The main purpose of this memorandum is to review those stipulations where there has not been agreement, and to provide the Commission and Council with added explanations and/or some possible areas of compromise that could be included in the final Settlement Agreement. In the Community Development Department Stipulations section of the two staff reports, many of the stipulations are very similar, if not identical. All of the Community Development Department stipulations have been previously agreed to by MCO except for the following: Eagle Ridge North Stipulation No. 3 and Eagles Nest Stipulation No. 5: Background: Staff and MCO have agreed, based on the "gross" calculations submitted by MCO, that on average there can be 22,500 square feet of disturbance per lot. By using the "gross" methodology, the disturbance allowance and preservation requirement percentages are calculated on the entire property, and the disturbance caused by the roads, utility lines, water tanks, and any other subdivision improvements are not only are not subtracted from the eligible disturbance levels (as in the "net" methodology) for lot development, but through their exemption, the gross methodology pretends for calculation purposes that these disturbance activities do not occur. So the 22,500 square feet of disturbance per lot, using the gross methodology, is the maximum average amount of eligible disturbance per lot based on a methodology Planning and Zoning Commission / Town Council Memorandum Eagle Ridge North and Eagles Nest August 31, 2001 Page 2 of 5 where you assume that subdivision improvement disturbance, including road disturbance, does not occur or is "exempted." Issue: The issue (is a total combined area of approximately 1.98 acres) relating to this stipulation is that MCO believes that when a lot owner develops a driveway, and that driveway requires disturbance over an area of his or her lot that has already been disturbed by road construction, that that portion of the driveway disturbance should also be exempted. This additional disturbance exemption would be in addition to the (on average 22,500 square feet) per lot disturbance already agreed to with MCO. Not only is this additional (non -subdivision improvement related disturbance) proposed disturbance not exempted in the Settlement Agreement, but it would mean that the total amount of required preservation would be lowered by 1.98 acres by using the "gross" methodology requirement. Paragraph 5 ii of the Settlement Agreement states: With respect to the individual homeowner improvements on the lots to be developed, the disturbance amount will be an average of 21,000 square feet per lot, inclusive of construction disturbance buffers (but in no event more than 35,000 square feet on any individual lot) or the amount calculated per lot based on the retained MCO property using the "gross" method of calculation, whichever is greater. Individual lot disturbance amounts will be reflected on the final plats (on a per -lot basis). All disturbance amounts will be exhausted through the per -lot allocation on the final plats. There will be no residual disturbance allowance retained by MCO for on -or off -site additional disturbance. There will no transfer of hillside disturbance from Town -acquired lands. All subdivision improvements, including but not limited to all road, utility line and water line construction are exempt from inclusion in the gross disturbance calculation (i.e., with respect to subdivision infrastructure, all necessary disturbance will be permitted without disturbance penalty). MCO will use good faith efforts to avoid locating wet utilities within wash areas. Conclusion: The average of 22,500 square feet of disturbance per lot was derived as an approximate midpoint of two sets of slope analyses done for the property. MCO provided slope analyses using 10-foot topographic contour intervals and another analysis using 2-foot topographic contour intervals. The Town requires slope analyses to be based on nothing greater than 5-foot contour intervals, but such an analysis was not readily available. The average disturbance area per lot using the 10-foot interval was 22,872 square feet per lot, while the average disturbance area per lot using the 2-foot interval was 22,303 square feet per lot. Town staff and MCO agreed to the 22,500 square feet per lot, as a midpoint when, in fact, the true midpoint is 22,588 square feet. A possible compromise that the Commission and the Council may want to consider, that is acceptable to the Community Development Department, is provided below. Staff also suggests the following modifications to the disturbance buffer distances. The Community Development Department suggests that this stipulation be modified as follows, with new text shown as double -underlined and old text shown as Ems. Planning and Zoning Commission / Town Council Memorandum Eagle Ridge North and Eagles Nest August 31, 2001 Page 3 of 5 Prior to Final Plat approval, show on the Final Plats for Eagles Nest and Eagle Ridge North that each lot will be allocated an average disturbance for each lot totaling not more than 9,33-�7,500 9.374.020 square feet (415 Lots multiplied by 22,500 22.588 square feet). This disturbance allocation will include all disturbance necessary for the development of a lot, including driveways, utility lines, house construction, any other construction or grading and disturbance buffers of at least eight feet from any building, five feet from any retaining wall retainine fill er-fenee and three feet from the edge of any fill grading. The disturbance buffers for screen walls or fences and retaining walls where the wall is retaining a cut shall be three feet and the disturbance buffer from the edge of any -cut grade, where mechanized access is available from the toe of the slope, i one foot. These disturbance buffers are acceptable only as long as the disturbance lines are surveyed and staked by an Arizona -registered_ land surveyor and imbedded chain link fencing is installed and maintained throughout the construction process as now required by the Zoning Ordinance. This disturbance allocation will also include any areas needed to be disturbed even if those areas had been previously disturbed through .the subdivision construction process. If the developer constructs joint -use driveways during the subdivision improvement process, the disturbance for those driveways and underground utilities shall be included in each lot's disturbance allocation on the final plat. Prior to building permit approval, the lot owner will be required to dedicate to the Town a Hillside Protection Easement over all of a lot except for the area equal to the disturbance allocation for that lot as specified on the Final Plat. Eagle Ridge North Stipulation No. 5 and Eagles Nest Stipulation No. 6: A revised form of this stipulation has been agreed to by MCO. The revised stipulation is as follows, with new text shown as double -underlined and old text shown as gout. Please confirm that Lots 54, 170, (Lots 35, 104, 125, 128, 144, 199 in Eagles Nest) have 145 linear feet of lot width. Most if not all of these lots have a smaller frontage on a second street. Although No Build Easements (NBE) are shown on these smaller frontages, the front yard is the narrower of the two street frontages, so the lot width is calculated along these frontages. Platting a separate parcel of land in lieu of the NBE should solve this problem in most if not all of these occurrences. If platting the separate 40-foot wide parcel reduces the lot size to less than 43,560 square feet reduce the width of the parcel to maintain at least a lot size of 43,560 square feet. Eagle Ridge North Stipulation No. 6 and Eagles Nest Stipulation No. 7: The current stipulation (They are identical) is as follows: Prior to final plat approval submit and gain Town approval of documentation (such as in the form of conceptual site plans), that any lot having more than 35 feet of grade change within the building pad as submitted by the applicant, in addition to those lots identified in the Engineering Department's comments, are developable. All proposed lots must be buildable without the need of future variances. Show that a single-family house can be developed on each of these lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, that all disturbance (including disturbance for utilities and sewer laterals) is contained outside of proposed Hillside Protection Easements and in Planning and Zoning Commission / Town Council Memorandum Eagle Ridge North and Eagles Nest August 31, 2001 Page 4 of 5 conformance with all applicable subdivision and zoning ordinance regulations. If a lot cannot be shown as developable it will either be reconfigured so that it is developable or it shall be removed from the final plat. Background: Throughout the preliminary plat processing for these subdivisions, MCO has resisted complying with the requirement in the Subdivision Ordinance that all lots must be developable without the need for future variances or waivers. The way the Town has implemented that regulation is to require subdividers to provide conceptual site plans for those lots in a proposed subdivision showing that a house and driveway can be built without a variance or waiver. It is clear to Town staff that many of the lots in Eagles Nest and Eagle Ridge North will need variances and/or cut/fill waivers in order to develop a single-family house and a driveway. Staff also knows, through our experience in working with individual property owners and their architects, that these future lot owners will desire to develop one or two level houses when the topographical constraints of a lot might mandate houses with multiple levels, steps within the same level, and in a manner generally inconsistent with the type of floor plan that the property owner may want. In addition to providing the Town with an example of how a house and driveway could be developed on a particular challenging lot, Staff has sought conceptual site plans for these lots for several reasons: Through the preparation of the concept site plan, any problems with the lot (including driveway or general lot developability issues) will be identified before the lot is created, and the subdivider can redesign the plat to mitigate any problems that are identified or eliminate any lots that are undevelopable. This proved useful in one of the Firerock Country Club subdivisions where, after the Town identified that driveway access to one lot would be difficult, if not impossible, the subdivider modified the subdivision improvement plans and added a joint use driveway. Having concept site plans for questionable lots is beneficial for both the Town and the future lot owners because the concept site plans provide an excellent design example for the property owner's civil engineer and architect. Having concept site plans for questionable lots is beneficial for the Town in the event that a future lot owner applies for a variance or waiver. If a variance or a waiver is applied for, and a future Board of Adjustment or Town Council denies the variance or waiver, the concept site plan can be used to support such a denial because the concept site plan will provide an alternative method for the development of the lot without necessitating the variance or waiver. Lastly, the existence of the site plan may cause any seller of a lot to more accurately describe and disclose the challenges of developing on a lot to a potential lot purchaser. Conclusion: The Community Development Department believes that the developer's submittal of several conceptual site plans representing the typical types of constraints that exist in these two areas can serve to meet the requirements of thd-Subdivision Ordinance. The Department recommends the following modified stipulation: Planning and Zoning Commission / Town Council Memorandum Eagle Ridge North and Eagles Nest August 31, 2001 Page 5 of 5 Prior to final plat approval submit and gain Town approval of conceptual site plans for the lots listed below. All proposed lots must be buildable without the need. of -future variances. Show that a single-family house can be developed on each of ihes without a cut/fill waiver, with a driveway not exceeding 18% slope and conforming to all Fire District regulations, within the setbacks, that all disturbance (including disturbance for utilities and sewer laterals) is contained outside of proposed Hillside Protection Easements and in conformance with all applicable subdivision and zoning ordinance regulations. If a lot cannot be shown as developable it will either be reconfigured so that it is developable or it shall be removed from the final plat. These site plans will be held to be representative of any of the lots in Eagle Ridge North and Eagles Nest. A note on the final plats describing the challenges of development in these subdivisions and the existence of the concept site plans c udf site-plins for -- -- the following lots: 1. Eagle Ridge North Lot 11. (Uphill with a steep building pad location) 2. Eagle Ridge North Lot 148. (Downhill with a steep building pad location) 3. Eagles Nest Lot 80 (Major driveway concerns) 4. Eagles Nest Lot 114 (Major driveway concerns) 5. Eagles Nest Lot 190 (Major driveway concerns) Eagles Nest Stipulation No. 9: The current stipulation is as follows: It was the Town's understanding in the negotiating process that resulted in the Settlement Agreement, that in exchange for the elimination of the six -lot cul-de-sac northwest of the proposed trailhead location on Eagle Ridge North, that six lots were allowed to be added in two areas that, at that point in time in the negotiations, were not to be developed. The Town agreed to allowing the development of tbree lots adjacent to the water tank in Eagles Ridge North and three lots that would be higher that the 2,400-foot elevation at the end of Desert Springs Drive in Eagles Nest. There are four lots shown higher than 2,400 feet in this area. Eliminate one of these lots. The Community development Department understands that the Acting Town Manager, Bill Farrell, will address this stipulation. 3 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT AUGUST 17, 2001 CASE NO.: S1999-024, CFW 2001-05 LOCATION: The area of Fountain Hills known as Eagle Ridge North, located in the northwest corner of the Town, west of the Sunridge Canyon development, northwest of the Copperwynd development, and south of the Eagles Nest area of the Town REQUEST: Consideration of a Cut/Fill Waiver and a Preliminary Plat for the proposed Eagle Ridge North subdivision. DESCRIPTION: OWNER: MCO Properties Limited Partnership APPLICANT: MCO Properties Limited Partnership EXISTING ZONING: "R1-35", "R1-8" and "R1-6" PARCEL SIZE: 432.96 Acres PROPOSED NUMBER OF LOTS: 171 Lots and 20 Tracts SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills McDowell Mountain Preserve, zoned "R1-43", and an undeveloped area of land known as Eagles Nest, also predominantly zoned "R1-43." SOUTH: Undeveloped City of Scottsdale -owned lands in Fountain Hills, zoned "R143" and developing and undeveloped lands within the City of Scottsdale, zoning unknown. EAST: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills McDowell Mountain Preserve, zoned "R 1-43", and undeveloped and developed single-family lots located in the Sunridge Canyon development, zoned "Rl-35H PUD", "R1-10A", "RI-6A" and "OSR". WEST: Undeveloped City of Scottsdale -owned lands within and outside of Fountain Hills, zoned "R 1-43." INTRODUCTION MCO Properties Limited Partnership ("MCO") has modified their earlier preliminary plat application pursuant to a Settlement Agreement (See Attachment "A") that has been approved by the Fountain Hills Town Council. This agreement provides for the Town's acquisition of 354± acres of land in both the Eagles Nest and the Eagles Ridge North areas of the Town. The preliminary plat referred to in this report, plans dated August 10, 2001, does not include that portion of the 354 acres that had been a part of earlier preliminary plat submittals for Eagles Nest. The remainder of the staff report will review the proposed subdivision for conformance with The Fountain Hills General Plan, the provisions of the Settlement Agreement as well as Subdivision and Zoning Ordinance regulations. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 2 of 13 The proposed preliminary plat covers 432.96 acres of land that consists of one large piece of undeveloped, unsubdivided land currently zoned "R1-43," and a smaller portions at the southern end of the parcel are currently zoned "R1-8" and "R1-6". The subdivision is located in the northwestern corner of the Town of Fountain Hills and on lands that are a part of the southeastern slopes of the McDowell Mountains. The elevation of the Subdivision ranges from a low point of 2,020 feet above sea level at Tract "H" to 2,632 feet above sea level at Lot 101. Please see the attached 8'/z" x 11" and the I I" x 17" reductions of the proposed subdivision. In the Settlement Agreement the Town and MCO agreed that the Town Council would consider the preliminary plat at the Town Council's September 20, 2001 meeting. In order to provide two Planning and Zoning Commission meetings at which to consider the Commission's recommendation, and to provide two meetings for the Town Council to consider the preliminary plat, the following timeline has been established: Planning and Zoning Commission Meetings: August 23, 2001 and August 30, 2001. Town Council Meetings: September 6, 2001 and September 20, 2001 ANALYSIS OF THE PRELIMINARY PLAT This staff report includes the following Sections: 1. A review of the applicable policies and recommendations in the Fountain Hills General Plan (the General Plan), including applicable principles and guidelines. 2. A review of the design of the Preliminary Plat and its conformance with the Settlement Agreement, The Subdivision Ordinance of the Town of Fountain Hills (the "Subdivision Ordinance") and The Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"). Section 1: CONFORMANCE WITH THE FOUNTAIN HILLS GENERAL PLAN Section 302 of the Subdivision Ordinance states that "[e]very subdivision shall conform to the goals and objectives of the General Plan." The General Plan Future Land Use Plan Map assigns the Subdivision the following land use designations when the General Plan was adopted in May, 1993: "Single-Family/Very Low:" This land use designation includes a corresponding residential density range of .025-1 DU/AC (Dwelling Unit per Acre). This density range plans for residential development to occur in the range of between one dwelling unit per 40 acres and one dwelling unit per acre. This land use designation applies mainly to the Eagles Nest and Eagles Ridge North areas of the Town. The vast majority of the land in the Subdivision has been designated for "Single-FamilyNery Low" land uses. A small area currently platted in Plat 507-E is currently designated for "Single-Family/Medium" land uses. Staff Finding: The proposed density of the subdivision is consistent with The Fountain Hills General Plan because the subdivision is proposed for a density of .395 DU/AC (Dwelling Unit per Acre) where the Single-Family/Very Low land use designation for this land is .025-1 DU/AC. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 I%. Page 3 of 13 "Open Space:" The General Plan designates several linear areas throughout the Eagles Nest area as Open Space. These linear areas approximately follow the alignment of the larger natural washes on the property. Staff Finding: The proposed subdivision is consistent with The Fountain Hills General Plan regarding open space corridors because the natural washes on the property are being placed in separate open space tracts, with Hillside Protection Easements, except for those portions of those washes that intersect with a street. "Environmentally Sensitive Areas:" Section 44 "Planning Recommendations" of the General Plan, includes a subsection called "Environmentally Sensitive Development Guidelines." When determining whether a development having "Environmentally Sensitive Lands" is consistent with the General Plan, the development should be developed in a manner consistent with this language, as reprinted below: 1. Environmentally Sensitive Development Guidelines In order to respect the environmentally -sensitive nature of all lands within the Town of Fountain Hills as the Land Use Plan is implemented, careful consideration should be given to policies that will require generally a more sensitive treatment of the built environment for all land use zoning classifications. The policies could take the form of a new ordinance or revisions to existing ordinances in order to be properly and effectively implemented. General areas of environmental sensitivity occur throughout the Town, especially in the larger, unplatted and undeveloped areas. These lands should be further studied as it relates to the following issues. The general issues that should be addressed include: • Larger lot requirements on high slopes and highly sensitive lands. • Requirements for a percentage of natural areas to be left undeveloped based on the sensitivity of the land. • Residential color and materials which are compatible with the surrounding environment. • Lighting restrictions. • More restrictive grading and drainage requirements. • Refined building height calculations. • Further protection of natural vegetation. • More sensitive standards for roadways. • Protection of specific areas or natural landmarks. • Preservation of known wildlife habitats/corridors. • Preservation of washes and standards for wash crossings. • More restrictive standards for lot coverage and floor area ratio. Staff Finding: Through the application of the hillside disturbance language in the Settlement agreement, the proposed subdivision will be generally consistent with the General Plan's Environmentally Sensitive Development Guidelines because: • Larger lots and larger disturbance areas are and will be shown on the preliminary and final plats for the higher, more sensitive portions of the proposed subdivision. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 4 of 13 • On average 75% of every lot, in addition to all of the wash and open space parcels with the subdivision, will be preserved with a Hillside Protection Easement. • The color and materials of all retaining walls that will be developed as a part of the subdivision improvements will be a dark, earth -toned color to mitigate the visibility of these walls. In addition, the developer will, through deed restrictions, ensure that house colors and materials will be compatible with the surrounding environment. • There will be no street lights, and exterior house lighting will conform to the Town's lighting ordinances, and as those ordinance may be amended in the future. • Through the Town's acquisition of the 354± acres of land abutting this subdivision, and due to the future Hillside Protection Easement dedications on all of the 171 lots within the proposed subdivision, most of the significant landmarks will be preserved. • The known wildlife habitats/corridors in the area will be preserved by the preservation of the wash corridors and through the provision of bridges and walk-through con -arch type culverts. Section 2: CONFORMANCE WITH THE SETTLEMENT AGREEMENT AND THE SUBDIVISION AND ZONING ORDINANCES Introduction In October 1996 the Town adopted a new subdivision ordinance that included regulations that when applied to new subdivision development would implement the Environmentally Sensitive Development Guidelines in the General Plan. Since October 1996 the Town has benefited from more sensitively designed subdivisions as a result of the Hillside Disturbance and other regulations in the (new) subdivision ordinance, and has looked forward to the development of sensitively -designed subdivision(s) in Eagle Ridge North. As noted in the introduction to this report, the Subdivision is located in the northwestern corner of Fountain Hills. This area generally consists of extremely steep topography. Due to the fact that custom lots (the lots are referred to as "custom" because they will not be graded with the subdivision improvements) are proposed to be developed, Staffs technical review of this subdivision emphasized three main areas: the subdivision's conformance with the road construction, hillside disturbance and lot planning regulations of the subdivision and zoning ordinances. Road Construction Regulations. The Town Council should review the Town's road design regulations and determine if the designs of the roads within the subdivision are consistent with the Town's road design regulations, as modified in the Settlement Agreement. MCO proposes to provide a southerly vehicular access to the subdivision by extending Eagle Ridge Drive northwest of its current terminus near the Copperwynd development. Eagle Ridge Drive then forms the backbone road that continues to the northern portion of the property and terminates near a future trailhead within the land to be acquired by the Town. An emergency access road will be developed along the existing jeep trail alignment. This route will provide egress to property owners north to the Eagles Nest subdivision in the event a wildfire blocks southern exits through Eagle Ridge Drive and the Hidden Hills I1 subdivision in Scottsdale. Some secondary looping roads are Planning and Zoning Commission Report Eagle Ridge North, S 1999-024, CFW2001-05 August 17, 2001 Page 5 of 13 planned in order to facilitate the development of roads and cul-de-sacs to the highest, steepest and northwestern -most portions of the Subdivision. The development of roads that meet the Town's regulations is challenging in the subdivision due to the severe nature of the topography and MCO's desire to develop into some of the steep, environmentally sensitive portions of the property. MCO has applied for cut/fill waivers to allow grading in excess of ten (10) feet in depth/height to develop most of the roads in the Subdivision. As agreed to in the Settlement Agreement, MCO proposes to use 40-foot long bridge segments to cross washes at five locations and con - arch -type culverts at seven other locations, instead of using box culverts where roads cross washes. Hillside Disturbance Regulations. The Town Council should review the Town's hillside disturbance regulations and the Settlement Agreement and determine if the preliminary plat submittal is consistent with those regulations. The Settlement Agreement provided for an alternative method for calculating the required quantity and quality of hillside preservation. Staff and the developer have reviewed the updated slope analysis for both Eagles Nest and Eagles Ridge North, and have determined that each of the up to 415 lots will be entitled to an average of 22,500 square feet of land disturbance, or a total of 9,337,500 square feet of land disturbance for home development for the two subdivisions combined. There will be.a maximum of 35,000 square feet allocated for any one lot. The final plats for the subdivisions will note, for each lot, the maximum amount of hillside disturbance for that lot. Prior to building permit issuance for that lot, all of the lot, except for that amount of land as noted on the final plat for that lot, shall be included in a Hillside Protection Easement that is dedicated to the Town, including any on -lot lands that were disturbed through road construction. Lot Planning Regulations. The Town Council should also review the Town's lot planning regulations and determine if the preliminary plat submittal is consistent with those regulations. MCO has submitted a separate exhibit showing building envelopes for the proposed lots in the subdivision. The slope calculations submitted by MCO use those building envelopes as disturbance envelopes. Staff will assist the Council as you review this disturbance envelope map and the Council should determine if any of the proposed lots are undevelopable without future variances or waivers. If any lots are questionable, the developer should, as required in the subdivision ordinance, provide conceptual site plans for those lots or provide other assurances to the Town that all proposed lots can be developed without any variance or waiver and in a manner consistent with the Towns zoning and building regulations. Cut And Fill Waiver The developer has applied for a cut/fill waiver in order to develop the roads within the subdivision (Please see the attached cut/fill exhibit). The developer proposes 17 areas of cut grading in excess of ten feet and 24 areas of fill grading in excess of ten feet. The two deepest proposed cuts are a 19-foot cut for the development of Eagle Ridge Drive at Lot 58 and a 17-foot deep cut at the entry gate for Street "J". The two highest fills are a 29-foot high wash fill between Tracts "P" and "S" to develop Street "N", and a 22-foot high wash fill between Lot 170 and Tract "G" to develop Street "C". The Settlement Agreement states "Cut and Fill Waivers will be granted to permit construction of the roadway system as reflected on the attached map." At the time the Settlement Agreement was approved, the number and the depth/height of cuts/fills needed for the development of the roads was unknown. Staff recommends Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 6 of 13 that the developer seriously consider the development of bridges or extending the length of proposed bridges so that fills greater than 20 feet in height are avoided. Recommendation Staff recommends that the Planning and Zoning Commission recommend Town Council approval of the Cut/Fill Waiver and the preliminary plat for the Eagles Nest Subdivision, Case Numbers S1999-025 and CFW2001-05, with all of the following stipulations. The following stipulations represent the Staffs best effort to provide a list of stipulations for Planning and Zoning Commission consideration with a limited amount of time, so this list may be modified: Community Development Department Stipulations 1. Prior to preliminary plat approval, submit and gain approval of a cut/fill waiver for all of those areas of cut/fill grading in excess of ten feet as proposed on the preliminary plat grading plans. 2. Any preliminary plat approval is conditioned upon Town Council approval of a final Settlement Agreement that will allow the development of the proposed preliminary plat according to standards that deviate from the regulations found in The Subdivision Ordinance of the Town of Fountain Hills. This final Settlement Agreement shall be approved by the Town Council prior to final plat approval. 3. Prior to Final Plat approval, show on the Final Plats for Eagles Nest and Eagle Ridge North that each lot will be allocated an average disturbance for each lot totaling not more than 9,337,500 square feet (415 Lots multiplied by 22,500 square feet). This disturbance allocation will include all disturbance necessary for the development of a lot, including driveways, utility lines, house construction, any other construction or grading and disturbance buffers of at least eight feet from any building, five feet from any wall or fence and three feet from the edge of any grading. This disturbance allocation will also include any areas needed to be disturbed even if those areas had been previously disturbed through the subdivision construction process. If joint -use driveways are constructed by the developer during the subdivision improvement process, the disturbance for those driveways and underground utilities shall be included in each lot's disturbance allocation on the final plat. Prior to building permit approval, the lot owner will be required to dedicate to the Town a Hillside Protection Easement over all of a lot except for the area equal to the disturbance allocation for that lot as specified on the Final Plat. 4. Provide a 40-foot wide tract of land or a no -build easement along the street -side and/or the through property lines of lots 5 and 6 according to Section 308 (F) of The Subdivision Ordinance of the Town of Fountain Hills. 5. Please confirm that Lots 54, 170, have 145 linear feet of lot width. Most if not all of these lots have a smaller frontage on a second street. Although No Build Easements (NBE) are shown on these smaller frontages, the front yard is the narrower of the two street frontages, so the lot width is calculated along these frontages. Platting a separate parcel of land in lieu of the NBE should solve this problem in most if not all of these occurrences. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 7 of 13 6. Prior to final plat approval submit and gain Town approval of documentation (such as in the form of conceptual site plans), that any lot having more than 35 feet of grade change within the building pad as submitted by the applicant, in addition to those lots identified in the Engineering Department's comments, are developable. All proposed lots must be buildable without the need of future variances. Show that a single-family house can be developed on each of these lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, that all disturbance (including disturbance for utilities and sewer laterals) is contained outside of proposed Hillside Protection Easements and in conformance with all applicable subdivision and zoning ordinance regulations. If a lot cannot be shown as developable it will either be reconfigured so that it is developable or it shall be removed from the final plat. Revise the emergency access route on the jeep trail such that there is no added visible disturbance, so that there are no retaining walls or additional cut/fill grading. The Town will support a 16-foot wide unpaved, all-weather road, (with consideration to widths not less than 12 feet where necessary) with six vehicle turnouts. The development of drainage pipes at selected locations is allowable to ensure the all-weather nature of this roadway. Asphalt pavement will only be acceptable for extremely sloping portions of the access route. All other portions of this alignment shall have alternative all- weather surfacing. Any and all utilities that desire to place utility lines within the jeep trail corridor must locate their lines within areas directly beneath the existing roadway. Other than fire hydrants, no aboveground utility lines, boxes, or any other equipment is permitted. Underground vaults may be permitted at the discretion of the Town. 8. The water tank area is correctly shown as land that the Town will acquire. The Town will provide (to be shown on the final) the necessary easements to facilitate the construction and operation of the water tank. 9. Prior to final plat recordation submit and gain approval of a landscape plan for all disturbed areas of the property consistent with Article VI of The Subdivision Ordinance of the Town of Fountain Hills. Engineering Department Stipulations 10. Provide the following items with the Final Plat and Improvement Plan submittal: • Landscape plans • Signing and striping plans • Road Right -of -Way abandonment applications • VNAE abandonment application • Grant of easement applications • Final Soils Report • Final Drainage Report • Final Environmental Assessment • Provide special construction traffic haul routing controls and conditions for Golden Eagle Blvd, Sierra Madre Drive, and Sunridge Drive. (Preliminary requirements previously given.) • Water system calculations, water looping if necessary shall be within the subdivision boundary. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 8 of 13 11. Several driveways are shown going through retaining walls. Verify that they will really work. 12. Engineering Department staff intends to request to Council to allow side hill grading at 3:1 fill slopes on various downhill roadway slopes, in order to reduce guardrail and retaining walls (but not where it would create along, sliver fill) particularly along Golden Eagle Boulevard/Mountain Parkway. 13. Vehicular sight distance easements on many lots will be required. Relocate any proposed retaining walls outside of a vehicular sight easement. 14. Intersection sight distances and stopping sight distances have not been verified. Some additional grading may be required to meet these requirements. 15. Assure compliant lot access to those lots that have retaining walls along the frontage. TRAFFIC 16. At the intersection of Eagle Ridge Drive and Palisades: • Construct the conduit and pull boxes for a future traffic signal, across the north and south legs (and west leg where not currently available). • Provide a traffic signal easement at the southwest corner of the intersection. • Reconfigure the south leg of the Palisades median for a northbound to westbound left turn pocket onto Eagle Ridge Drive. 17. Eagle Ridge Drive should remain a local road section (instead of a hillside local road) to the trailhead cul-de-sac, due to the significant amount of bicycle traffic expected. 18. Eagle Ridge Drive should be a minor collector from Street S to Street I, since its 1510 VPD exceeds the stipulated 1000 VPD. 19. The design speed for the minor collector (Eagle Ridge Drive) should be 30 mph, instead of 25 mph. 20. Do to steep uphill grades, through traffic volume (on an undersized street by the normal Town Subdivision Standards), and side street volume, provide the following northwest bound turn pockets along Eagle Ridge Drive: • Right Turn at Street D. • Left Turn at Street K (extend the street median for at least one block to form this turn pocket). • Right Turn at Street I. • Left (U-turn) at lot 167. �11 Left (U-turn) at Street S. 21. of the above left turn pockets should be 12' wide (to back of curb), 60' in length and have a 15:1 taper for right turn lanes (and City of Scottsdale reverse curve for the left turn). 22. 8% is the maximum grade allowed for all cul-de-sac bulb areas. 23. All drainage flow paths less that I % require concrete valley gutters, MAG Std. Det. 240. 24. Vertical curves are required for grade changes greater than 1% on minor collectors and local streets. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 9 of 13 TYPICAL SECTIONS 25. Review whether a 6' sidewalk on only one side of the minor collector and minor collector with medians (instead of both sides as shown) is acceptable. 26. The shoulder area should be: • 2' behind all sidewalks. • 4' behind all curbs (hillside local). • 10' behind curb (minor collector, minor collector with median, and local -with bike lanes). �ote Shoulder slope should not exceed 10:1. 27. that substantially thicker pavement may be required in expansive clay areas. 28. On the cut retaining wall cross-section show: • Distance from right-of-way/street to the retaining wall. • Type of easement (eg. slope/retaining wall) and who it will be granted to (HOA, typically). • Extend the easement to 10' beyond the highest retaining wall. • Indicate that a pedestrian handrail is required at the top wall for all heights greater than 30", and within 30' of a building pad, water tank, pump station, driveway, topside sidewalk or trail, etc. 29. On the fill retaining wall cross-section, show: • Distance from right-of-way/street to the retaining wall. • Type of easement (e.g.: slope/retaining wall) and who it will be granted to (HOA typically). • The easement should extend 10' past the lowest retaining wall. • Pedestrian handrail is required at the upper wall (except at guardrail areas without a sidewalk.) ;how Show a guardrail at the street curb (indicate as "when required"). 30. typical sections (including utilities) of the Jeep Trail emergency access roadway/walk. This section should show: • 20' width (where available). • Remainder of the emergency access road to be 16 foot width with turnout areas provided every 150 feet. • Maximum slopes within 5' of the access roadway width. • Desirable slopes within 5' of the access roadway width. • Surfacing material to be established by the Town Engineer. • Cross -Slope (Varies). • Underground utilities (Surface structures and boxes not permitted). Label it as a "Restricted public utility easement", with Town control of its usage. C 9 Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 10 of 13 31. Add a typical plan detail for the "Gated Roadway Entrance" (also may be needed as a display exhibit). This detail should show: • Right-of-way widths. • Island minimum lengths, and widths. • Roadway width and 3 car minimum stacking distance. • Gate location. • Sidewalk configuration on the street and into the entrance. • Show common mailbox location. • Show call box location. • Cross -culvert and bridge minimum clear zone behind curb with and without a sidewalk. • The clear zone needs to be wide enough to allow a trucks to roll over the curb if needed to turn around. DRAINAGE 32. Provide drainage easements where needed and required. Drainage easements should be provided under the following conditions: • In mass graded areas where the developed drainage flow routes differ from the historic natural flow patterns. • Downstream from street outlets and street crossings. • Where washes or surface drainage carry more than a 100-year flow of 15 cfs. Where surface drainage courses carry less than 15 cfs, a note on the plat that there is lot -to -lot drainage is acceptable. • When washes or surface drainage courses carry more than 100 cfs, a separate drainage parcel rather than drainage easement should be considered. • Where very steep topography (erosion problems) or very flat channels (sediment deposition or flooding problems) are present, more restrictive requirement may be needed. %lvert Upstream from storm drain structure, where needed for riprap or slope. 33. sizing. Use a single larger pipe or box culvert where headroom is available to minimize self-cleaning and clogging potential. 34. Box culverts shall be a minimum 8' in height where possible in deep fill situations and for maintenance purposes. 35. All roadways should be designed to carry the 10-year runoff within curb -to -curb and the 100-year within street right -of way. 36. Show proposed graded channels, storm drain pipes and any future shared or common driveway culvert crossings. 37. Riprap culvert outfalls with high runoff velocity to prevent erosion. 38. Provided in the drainage report a drainage sub -area map and hydraulic calculations for all street crossings, major street flows for easement/parcel determination. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 11 of 13 ROADWAY 39. Show typical sections (including utilities) of the Jeep Trail emergency access roadway/walkway. This section should show: • 20' width (where available) • 12' width (with turn -out areas at ' spacing). • 2' minimal distance from the edge of pavement to the top of slope or toe of slope • Maximum slopes within 5' of the access roadway width. • Desirable slopes within 5' of access roadway width. • Surface materials. • Cross slope (varies). • Underground utilities (surface structures and boxes not permitted). Label it as a "Restricted Public Utility Easement", with the Town of Fountain Hills control of its usage. 40. Add a typical plan detail for a "Gated Roadway Entrance" onto Eagle Ridge Drive (also may be needed as a display exhibit). This detail should show: • Right-of-way widths. • Island minimum lengths, and widths. • Roadway width and 80' minimum stacking distance. • Gate location. • Sidewalk configuration on Eagle Ridge Drive and into the entrances. Will the sidewalk be gated? • Common Mailbox location. • Cross -culvert and bridge minimum clear zone behind curb with and without a sidewalk. • Call box location. • The clear zone needs to be wide enough to accommodate trucks. 41. Shoulder areas should be: • 2' behind all sidewalks. • 4' behind all curbs (hillside local). • 10' behind curb (minor collector, minor collector with median and local with bike lines). • Shoulder slope should not exceed 10:1 42. Vehicular sight easement (VSE) on many lots will be needed. Relocated any proposed retaining walls outside of the VSEs. 43. Verify on the Preliminary Plan all intersection sight distances and stopping sight distances. Additional grading may be needed to meet these requirements. 44. Add note or call out that the gate at the common boundary line between the Eagle Ridge North and Hidden Hills (Unit I) subdivisions is an "emergency access gate, for school busses, and upon closure of Shea Boulevard for emergency public ingress/egress". Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 12 of 13 DRIVEWAYS 45. Verify that Driveways shown going through retaining walls will work. 46. For common driveways: show drainage easements for culverts crossings drainage parcels, and smaller washes. 47. It is difficult to estimate driveway slopes. From our estimates ther are a number of driveways exceeding 18% slope. See attached Exhibit A. RETAINING WALLS 48. In Cut Sections show: • Distance from right-of-way to retaining wall. • Type of easement (eg. Slope/retaining wall) and who it will be granted to (HOA typically). • Extend the easement to 10' beyond the highest retaining wall. • Pedestrian handrail is required at the at the top wall for all height greater than 30", and within 30' of a building pad, water tank, pump station, driveway, topside sidewalk or trail, etc. 49. In Fill Sections show: • Distance from right-of-way to retaining wall. • Type of easement (eg. Slope/retaining wall) and who it will be granted to (HOA typically). • The easement should extend 10' past the lowest retaining wall. • Pedestrian handrail is required at the upper wall (except at guardrail areas without a sidewalk). • Show a guardrail at the street curb (indicate as "when required"). 50. Assure compliant lots access to those lots that have retaining walls along the frontage. WATER 51. Add note: Many water services will require an individual pressure regulator. The Town Building Safety Department tests for the need for a pressure regulator at the house during construction. If pressure exceeds 85 psi, a pressure regulator will be required. Some water services may require booster stations. C9 D1+ANW111 52. List or label lots with low building pads requiring injector pumps. 53. Manhole locations in the end of cul-de-sacs shall be adjusted to provide maximum 100' distance from the manhole to the right-of-way for service taps to lots. 54. Service taps should be located near the driveways or sewer tap locations to minimize disturbance area calculations. Planning and Zoning Commission Report Eagle Ridge North, S1999-024, CFW2001-05 August 17, 2001 Page 13 of 13 FIRE PROTECTION, per the Fountain Mlls/Rural Metro Fire Department 55. Add additional fire hydrants between lots: 13 &14. 56. Relocate fire hydrant away from retaining wall in Tract E place between lots 16 & 17. 57. Attic protection shall be required on lots 9, 10, 11, 14, 15, 16, 21, 29, 44, 45, 46, 48, 63, 64, 70, 72, 73, 74, 81, 96, 98, 121, 122, 129, 130, 131, 134, 135, 138, 149, 151, 157. 58. Attic protection may be required on lots to be determined on pre -Building permit application. Fire hydrants shall be required along the Jeep Trail water line. r O O M n LL W O >z Q W O O Y f O70 Y y ♦ t Oacmc � � m a a � m m = m U N \ \ 8 U o a c yN 3 0 • , f s t w CC C E L W W p m C U C O C C } C > � J W C s r > t 0 3 � a o\m a m a 3 v m ae .T b° 3 A > O N M v� 'O � co (>O a0 O� N O N N N M N V N LO N 10 N r, N W N J X W N z� z W On LL. 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In combining the two different source documents, we have also taken the liberty of segregating the comments into two separate categories, the first being the preliminary plat items and the second being the improvement plans items. The Willdan comments have the notation "(w)" in front of the comment. The Town Engineering Department's comments were reviewed at the August 3`d Technical Review Meeting and supplemental notes added (in brackets) on August 6d'. In cases, where the August 6d' comment indicated that the comment was satisfied or nullified, the item has been removed. PRELIMINARY PLAT All of the preliminary plat items listed below have been incorporated in the preliminary plat revisions dated August 10, 2001, unless otherwise noted General Comments: • Label all major washes. • Outline expansive clay areas, fault, or rockslide potential. • Indicate which streets are local and hillside local roadways on street cross-section typical. • (w) Eagle Ridge Drive shall be a minimum of a local street section to the trailhead cul-de-sac. • (w) Loop road Street D and I is over 6,000 feet in length (6,137'). We understood that this was not an issue, based on the comments at the Technical Review meeting. • Tract A on sheet 2 is shown as Tract G on sheet 3 • Show the City of Scottsdale boundaries, as well as Chaparral City Water Company and Fountain Hills Sanitary District boundaries. • A number of gates appear to be incorrectly shown at the first (long) median island on the side streets. • At Lot 108, realign the lot or the drainage course farther away from the building pad (outside the lot). • Show existing off -site sidewalks that Eagle Ridge north will match with. • Show sidewalk locations within the plat. [or provide a shaded or colored exhibit for review.] • (w) Lots 167, 168, 169 and 170 appear only to have access via U turns. • (w) Eagles Ridge North - Gated entries shall have the stacking capacity to accommodate a minimum of 3 cars prior to the gates and not backing up onto Eagle Ridge Drive. 16930 E. Palisades Bled. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ mmmcopropertiesxom • Engineering Department staff intends to request to Council to allow si&hill grading at 3:1 fill slopes on various downhill roadway slopes to reduce guardrail and retaining walls (but not where it would create a long, sliver fill) particularly along Eagle Ridge Drive. Drainage • Show with flow arrows for Qloo `s > 15 cfs) the existing natural direction of runoff on preliminary plat. Traffic Impact Report • At the Eagles Ridge Drive/Palisades intersection: • Construct the conduit and pull boxes for a future traffic signal, across the north and south legs (and west leg where not currently available). • Provide a traffic signal easement at the southwest corner of the intersection. • Reconfigure the south leg of the Palisades median for a northbound to westbound left turn pocket (onto Eagle Ridge Drive). • It is our understanding that the conduit and pull boxes were installed with the initial improvement of this intersection. If that is not the case, it seems to make sense to install them only if, and when, it is determined that a traffic signal is, in fact, warranted Note: These above stipulations were also attached to the April 2001 and July 2001, Town comments for the Eagle Ridge subdivision, which lies within the City of Scottsdale. MCO has not at this time agreed to these requirements for that work. [Put these items in the Development Agreement:] While these comments may have been in the Town's letter to Scottsdale, they are not stipulations that the City of Scottsdale attached to the approval of the Eagle Ridge East subdivision. We have, however, agreed to participate in an area -wide traffic study and in improvements recommended by the study on a percentage generation basis. • Extend MCO's (or SunRidge Canyon's if previously subrogated) obligation to pay 50% of the traffic signal costs if warranted prior to the extended date of December 2007. [Town will provide previous correspondence on this subject.] We do not agree with the extension of the SunRidge obligation referenced beyond the current October, 2003 date. Final Plat and Improvement Plans General Comments: • Provide a note or call out that the gate at the common boundary line between the Eagle Ridge North and Hidden Hills (Unit 1) subdivisions is for `emergency access" on street "C". [Emergency access gate, for school bus, and upon closure of Shea Boulevard for emergency public ingress/egress. Also for normal Hidden Hills usage?] • Provide a list of lots with low pads requiring injector pumps. [24 Lots are shown on plans. Follow-up: Please check Lots 8, 36, 42, 48, 54, 81, 82, 108, 110, 138, 139, 140, and 143 for need for ejector pump, easement, and/or additional disturbance.] • (w) Lots 9, 10, 12, 13, 34, 35, 121, 122, 131, 132, 151 & 152 - relocate manholes toward the ends of the cul-de-sacs to provide maximum 100' distance for service taps from those manholes to the right- of-ways. • (w) Lots 1 and 4, sewer taps should be located near the driveways or sewer tap installation will increase the disturbance area calculations for these lots. • (w) Sheet 10 of 12, the sewer line and manhole are extended beyond the driveway for lot 104. Is there a reason for these sewer lines? You may be able to take the last two manholes out and reduce the length of sewer. • Several driveways are shown going through retaining walls. Verify that they will really work. • We question whether the bridge, retaining walls, gates, and turn -around configuration is adequate at Lot 126 and 139. • Should there be paved access from Eagles Nest to the water booster station along the "Jeep Trail". [Yes. 22% grade for 300' lengths?] • Submit a preliminary water distribution system report, (none was submitted). [Ok to submit with Improvement Plans.] (w) A water study will be required to verify the adequacy of the entire system include volume, pressure and looping in your calculations. It appears more loops may be required do to the length of cul-de-sacs and dead end lines. • (w) Water lines should be extended out from under the paved surfaces with a blow off at the end of the line, after the last water service. • The Town is willing to own and maintain any of the common area tracts except those containing entry monumentation. [Except perhaps behind the gates.] • It appears you might need an additional 20' wide drainage easement within certain lots. Restudy ravines generating 15+ cfs runoff. Will there be a tract to convey runoffs from Tract C to the City of Scottsdale are in Hidden Hills? • Vehicular sight easements on many lots will be needed. Relocate any proposed retaining walls outside of a vehicular sight easement • (w) Verify stopping sight distance has been met on Street M in front of lot 126, and on Street N in front of lot 124. • The normal working pressure in the water distribution system should be approximately 4475 psi. If the pressure exceeds 85 psi, a pressure regulator is required. • Provide a list of the lots, which may require individual booster stations. • State that many services will require an individual pressure regulator. The Town Building Safety Department tests for the need for a pressure regulator at the house during constriction. If pressure exceeds 85 psi, a pressure regulator is required. • Intersection sight distances and sting [stopping] sight distances have not been verified. Some additional grading may be needed to meet these requirements • (w) It is difficult to estimate driveway slopes. From our estimates there are a number of driveways exceeding 18% slope. • (w) Per Fountain Hills Fire Department, hose lay is the extension of a hand held fire hose as it is extends from the fire hydrant along the roadway and driveway around the rear of the structure. If the hose lay is more than 200 feet from the hydrant to any portion of the exterior and the lot is over 12% slope, an Operational Platform will be required. Operational platforms are not indicated at this time. Disturbance calculations, hydrant spacing and water pressures may be affected by this at final improvement plans and building plan review. In our discussions with the District, the main concern for the homes with lengthy driveways is that a "platform" (a 20 foot by 30 foot all weather area with maximum 5% cross fall, ie the normal area in front of a three -car garage) be incorporated in the home design. Also, the District anticipates the requirement of attic sprinklers in some cases. • (w) The fire hydrant spacing will need to be adjusted to provide coverage to as many lots as possible or Operational Platforms will need to be added to the individual lots for adequate fire protection. See separate exhibit for identified hydrant concerns. Drainage Map (Culvert and Bridge Layout) • Additional culverts are anticipated to be needed at the roadway crossings adjacent to Lots 9, 14, 18, 39, 42, 70, 93 (east and south sides), 99, 101 (SE corner), 102, 143, 144, 145, 159, 162, 165, 166, Water Tank Road, and Jeep Trail (3 or more locations). Many of these culverts will likely be 18" diameter. • No flow is shown for the culverts at Lots 3, 170, and 171. We believe the size shown for these culverts is too small. • Additional longitude roadway storm drains (preferred) or parallel channels are anticipated to be needed in front of Lots 132-138 (as shown on preliminary plat), Lots 93-94, and Lots 115-121 (as shown on the preliminary plat). (The drainage report has not been reviewed). Drainage • Provide drainage easements where needed and required. Drainage easements should be provided under the following conditions: • In mass graded areas where the developed drainage flow routes differ from the historic natural flow patterns. • Downstream from street outlets and street crossings • Where washes or surface drainage carry more than a 100-year flow of 15 cfs. Where surface drainage courses carry less than 15cfs, a note on the plat that there is lot -to -lot drainage is acceptable. • When washes or surface drainage courses carry more than 100 cfs, a separate drainage parcel rather than drainage easement should be considered. • Where very steep topography (erosion problems) or very flat channels (sediment deposition or flooding problems) are present, more restrictive requirement may be needed • Upstream from storm drain structures where needed for riprap or slope. • In culvert sizing, use a single larger pipe or box culvert where headroom is available to minimize self cleaning and clogging potential. • There are several road cross -culverts shown with no drainage easement exiting from them. Several drainage easements should be extended and several need to be aligned to fit the topography. • Is there a tract to convey runoff from tract G through the City of Scottsdale incorporated area? If so, label it. • Size all driveway culverts crossing drainage easements, drainage parcels, and smaller washes. (This may JL be done with improvement plans.) [For common driveways only.] • All roadways should be designed to carry the 10-year runoff within curb -to -curb and the 100-year within street right-of-way. Improvement Plans (Except where modified by the settlement agreement. • 15% grade on roadway is the maximum allowed. • 8% is the maximum grade allowed for all cul-de-sac bulb areas. • All drainage flow paths less than 1 % require concrete valley gutters, MAG Std. Det. 240. • Vertical curves are required for grade changes greater than 1.0% on minor collectors and local streets. • Show proposed catch basins, curb openings and any outfall on plans to convey street runoff off the street and provide computations in the final drainage report reflecting proposals. • Size all driveway culverts crossing the drainage easements, drainage parcels, and roadway channels with the improvement plan submittal. • For all street road grades, comply with Town Subdivision Ordinance Section 30513-1 (A-E). • The following items need to be submitted with the final plat and improvement plan submittal: • Landscape plans • Signing and striping plans • Road right-of-way abandonment applications • VNAE abandonment applications • Grant of easement applications • Final soils report • Final drainage report • Final environmental assessment 0 Show proposed graded channels, storm drain piping, and any future driveway culvert crossings. • With the improvement plans, show all proposed catch basin locations and street outlet layouts. • Riprap culvert outfalls with high runoff velocity to prevent erosion. �r. • Size all driveway culverts crossing drainage easements, drainage parcels, and smaller washes. • All roadways should be designed to carry the 10-year runoff within curb -to -curb and the 100-year runoff within street right-of-way. • Provide a drainage sub -area map and hydraulic calculations for all street crossings, major street flows for easement/parcel determination. Traffic Impact Report • Construct additional signage and striping needed for Eagle Ridge Drive from Palisades Boulevard to the start of the proposed new roadway. We anticipate that this will include advance signage, Town directional signage, and other signage and striping. • In figure 3, Eagle Ridge Drive should also be a minor collector from Street S to Street I, since its 1510 vpd exceeds the stipulated 1000 vpd. This segment is a minor collector. • Eagle Ridge Drive should remain a local road (instead of a hillside local road) to the trailhead cul-de-sac, due to the significant amount of bicycle traffic expected. • The design speed for the minor collector (Eagle Ridge Drive) should be 30 mph, instead of 25 mph. [Post speed advisory plates, where needed.] The design speed for the minor collector is 30 mph, but posting at 25 mph may be desirable, • Because of the steep uphill grades, through traffic volume (on an undersized street by the normal Town subdivision standards), and side street volume, provide the following northwest bound turn pockets along Eagle Ridge Drive. • Right Turn at Street D. • Left turn at Street K (extend the street median for these one block to form this turn pocket). • Right turn, at street I. r. • Left (U-turn) at Lot 167. • Left (U-turn) at street S. All of the above three turn pockets should be 12' wide (to back of curb); 4-W [60' long], and have a 15:1 taper (for right turns, and City of Scottsdale reverse curve for the left turn). We really questioned the need for these turn pockets, but asked our traffic consultant to review the issue. Please seethe attached letter from Jim Renshaw. • Specific page -by -page minor comments are redlined in the Traffic Impact Report. Sheet 12 (Typical Sections) The criteria listed below is somewhat cffferent than the criteria agreed upon previously by the Town staff, Willdan and MCO, however, we will work with the Town staff to arrive at mutually agreeable criteria. • Review whether a 6' sidewalk on only one side of the minor collector and minor collector with medians (instead of both sides as shown) is acceptable. • The shoulder area should be: • 2' behind all sidewalks. • 4' behind all curbs (hillside local). • 10' behind curb (minor collector, minor collector with median, and local -with bike lanes). • Shoulder slope should not exceed 10:1. [Review with settlement agreement] • Note that substantially thicker pavement may be required in expansive clay areas (street N, M, K, and Eagle Ridge Drive. • Because of the bus and bike usage, carry the local roadway section to the trailhead cul-de-sac 32' instead of the local hills and roadway. • On the cut retaining wall cross-section show: • Distance from right-of-way to retaining wall. ® • Type of easement (eg. slope/retaining wall) and who it will be granted to (HOA typcally). • Extend the easement to 2-0� [10'] beyond the highest retaining wall. [Subject to review, typical] • Indicate that a pedestrian handrail is required at the top wall for all height greater than 30", and within 30' of a building pad, water tank, pump station, driveway, topside sidewalk or trail, etc. • On the fill retaining wall cross-section, show: • Distance from right-of-way to retaining wall. • Type of easement (e.g.: slope/retaining wall) and who it will be granted to (HOA typically). • The easement should extend 29' [10'] past the lowest retaining wall. • Pedestrian handrail is required at the upper wall (except at guardrail areas without a sidewalk.) • Show a guardrail at the street curb (indicate as "when required"). • Show typical sections (including utilties) of the Jeep Trail emergency access roadway/walk. This section should show: • 20' width (where available). • 12' width (with turn -out areas at ' spacing. • Maximum slopes within 5' of the access roadway width. • Desirable slopes within 5' of access roadway width. • Surfacing material - " of • Cross -Slope (Varies). • Underground utilities (Surface structures and boxes not permitted). Label it a s a "Restricted public utility easement", with Town control of its usage. • Add a typical plan detail for a "Gated Roadway Entrance" onto Eagle Ridge Drive (also may be needed as a display exhibit). This detail should show: • Right-of-way width — 68'? • Island minimum lengths, and widths. • Roadway width and 80' minimum stacking distance. • (The stacking distance has been minimized by having the turn lanes off of Eagle Ridge Drive at the 3 major volume turn-offs.) • Gate location. • Sidewalk configuration on Eagle Ridge Drive and into the entrance. Will the sidewalk be gated? • Common mailbox location? • Cross -culvert and bridge minimum clear zone behind curb with and without a sidewalk. What will bikes and deliveries do? Show the call box? • The clear zone needs to be wide enough to allow a truck (WB-____) to roll over the curb if needed to turn around (3-point turn?) Jeff, again, we want to thank you for your cooperation and assistance in the processing of these two plats. If you have any questions or comments, please feel free to give me a call at 836.0112. Sincerely, Greg Bielli Vice President CC: K. Michael Snodgrass G. William Larson Erik Eriksson Randy Harrell Susanna Strubel Jim Leubner Enda Melvin Jonathon Stansel 11 0 V) A "� a� msc+.= (=a) ocaw •.+v. +..r u.u.w .�••�� wou.o �.a oa •ws 'i«ws vKu.w mu .. w«•r 'ww•3 ��.�. a. �-.�,.. � o ,3 :.. m�� J.V"1d AHVNYM�F�d "'•y € � I � _ •oul `saleloossy pue "' �°•�° �] ° . 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As noted we are on record requiring a minimun 20 foot emergency access roadway connecting the two ;developments, per the 1994, 1997, and 2000 Uniform Fire Code. Note the 1994 Fire Code is :adopted as a Town Ordinance and enforced by Rural/Metro Fountain Hills Fire District. However in ;reviewing the 2000 Uniform Fire Code, which the State Fire Marshal is in the process of adopting with amendments, new language has been added in Appendix III-E to provide guidelines for :alternatives to be considered by the chief when determining fire department access for residential ;developments (PUD). :Under section 4.1 the 20 foot rule is again called for with the following exceptions, which the chief is ;authorized to modify the provisions of section 4.1: 1. All buildings in a PUD are completely protected with an approved automatic fire sprinkler system, or Not applicable Streets or roadways in a PUD are identified for one-way circulating traffic or pullouts every 150 feet on streets or roadways identified for two-way traffic; or Not applicable I realize that the 2000 UFC has not been adopted by the Town, Rural/Metro Fire Department, and the Fire District. I believe Article 1, UFC, Section 101.2 scope (see attached), supports the following modification of the UFC, Section 902.2.2.2.1 (20 foot unobstructed width): STATION #1 Phone: (480) 837-9820 FAX: (480) 837-6167 STATION #2 PHONE: (480) 83740804 Fountain Hills/Rural Metro Fire Department Technical review comments for Eagle Ridge North and Eagles Nest 20 foot width where available. Remainder of emergency access road to be 16 foot width with turnout areas provided every Surfacing material to be established by the Town Engineer. I will address the fire hydrant coverage / hose lay issues under a separate cover Dave Hansen, Fire District Chairman Glenn Brown, Fire District Chief William Farrell, Acting Town Manager / Town Attorney Randy Harrell, Town Engineer STATION #1 Phone: (480) 837-9820 FAX: (480) 837-6167 STATION #2 PHONE: (480) 837-0804 2^000 UNIFORM FIRE CODE 101 PART I GENERAL ARTICLE 1 -ADMINISTRATION SECTION 101 —GENERAL 101.1 Title. This code shall be known as the UNIFORM FIRE CODE, may be cited as such, and will be referred to herein as "this code." 101.2 Scope. This code prescribes regulations consistent with nationally recognized good practice for the safeguarding to a rea- sonable degree of life and property from the hazards of fire explo- sion, and dangerous conditions arising from the storage, handling and use of hazardous materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises and provisions to assist emergency response person- nel. The provisions of this code shall supplement any and all laws relating to firesafety and shall apply to all persons without restric- tion, unless specifically exempted. The provisions of this code do not apply to off -site transporta- tion of hazardous materials in accordance with DOT require- ments. 101.3 Subjects Not Specifically Regulated by this Code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regula- tions, ordinances or bylaws adopted by the jurisdiction, com- pliance with applicable standards of the National Fire Protection Association or other nationally recognized firesafety standards as are approved shall be deemed as prima facie evidence of com- pliance with the intent of this code. See also Section 9001.2. Nothing herein shall derogate from the power of the chief to de- termine compliance with codes or standards for those activities or installations within the chief's jurisdiction or responsibility. 101.4 Supplemental Rules and Regulations. The chief is au- thorized to render interpretations of this code and to make and en- force rules and supplemental regulations in order to carry out the application and intent of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and pur- pose of this code and shall be available to the public during normal business hours. 101.5 Liability. The chief and other individuals charged by the chief with the control or extinguishment of any fire, the enforce- ment of this code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not there- by be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties. Any suit brought against the chief or such individuals because of such act or omis- sion performed in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the en- forcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termina- tion of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the re- sponsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by rea- son of the inspections authorized by this code or any permits or certificates issued under this code. See also Section 103.3.2.1. 101.6 Conflicting Provisions. Where there is a conflict be- tween a general requirement and a specific requirement, the spe- cific requirement shall be applicable. 101.7 Severability. If any provision of this code or the applica- tion thereof to any person or circumstance is held invalid, the re- mainder of the code and the application of such provision to other persons or circumstances shall not be affected thereby. 101.8 References to Appendix. When this code references the appendix, the provisions in the appendix shall not apply unless specifically adopted. 101.9 Amendments. When reference is made to a portion of this code or other applicable laws or ordinances, the reference applies to all amendments and additions now or hereafter made. SECTION 102 — RETROACTIVE APPLICATION TO EXISTING CONDITIONS 102.1 Existing Conditions. The provisions of this code shall ap- ply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code, and to conditions which, in the opinion of the chief, constitute a distinct hazard to life or property. See also Appendices I -A and I-B. SECTION 103 — INSPECTION AND ENFORCEMENT 103.1 General. 103.1.1 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses at- tending the design, operation or use of a building or premises sub- ject to the inspection of the department, the chief is authorized to require the owner or the person in possession or control of the building or premises to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be pre- pared by a qualified engineer, specialist, laboratory or firesafety specialty organization acceptable to the chief and the owner and shall analyze the fire -safety properties of the design, operation or use of the building or premises and the facilities and appurte- nances situated thereon, to recommend necessary changes. The chief is authorized to require design submittals to bear the stamp of a professional engineer. 103.1.2 Alternate materials and methods. The chief is autho- rized to approve alternate materials or methods provided that the chief finds that the proposed design, use or operation satisfactorily complies with the intent of this code and that the method of work performed or operation is, for the purpose intended, at least equiv- alent to that prescribed in this code in quality, strength, effective- ness, fire resistance, durability and safety. Approvals under the authority herein contained shall be subject to the approval of the building official whenever the alternate material or method in- volves matters regulated by the Building Code. 1-1 2000 UNIFORM FIRE CODE APPENDICES III-E-VI-B M APPENDIX III-D FIRE DEPARTMENT ACCESS GUIDELINES (See UFC Section 902.1) SECTION 1 — GENERAL 1.1 Scope. The provisions of Article 9, Section 902.1, apply un- less specifically modified by this appendix. This appendix is in- tended to provide guidelines for alternatives to be considered by the chief when determining fire department access for residential developments of three or more dwelling units. Approved alterna- tives for fire department access include the needs of the local fire department and the following sections. 1.2 Definitions. For the purpose of Appendix III-E, the following term is defined: PUD, Planned Unit Development, or Planned Residential Unit Development, is a residential subdivision or partition of land re- sulting in three or more dwelling units, as approved and recorded in accordance with local planning and zoning regulations. SECTION 2 — MEANS OF ACCESS 2.1 Multiple Access Provisions. The chief is authorized to re- quire two means of access in accordance with Section 902.1 for a PUD having sites serving 25 or more dwelling units. 2.2 Access in Urban-wildland Interface Areas. For egress and access concerns in urban-wildland interface locations, the chief may be guided by the Urban- Wildland Interface Code'". 23 Access -control Devices. When required fire department ac- cess to a PUD is restricted by the installation of access -control de- vices, such devices shall be approved by the chief, provide adequate clear width for fire department apparatus and be main- tained operable at all times. SECTION 3 — PARKING 3.1 Parking. When motor vehicle parking is allowed on access roadways in a PUD, such parking shall not encroach into the fire department access roadway. When this provision is compromised, or restricted, the chief is authorized to require signage to indicate parking restrictions in accordance with Section 901.4. SECTION 4 — ROAD WIDTHS 4.1 ROAD WIDTHS. ACCESS ROADWAYS OR STREETS IN A PUD SHALL COMPLY WITH THE PROVISIONS OF ARTICLE 9, SECTION 902.1. FIRE DEPARTMENT ACCESS SHALL HAVE AN UNOBSTRUCTED WIDTH OF NOT LESS THAN 20 FEET (6096 MM). ROAD WIDTHS SHALL BE AS APPROVED BY THE CHIEF, OR AS FOLLOWS: 1. 20 feet (6096 mm) wide when parking is not allowed on either side of the roadway, 2. 30 feet (9144 mm) wide when parking is not allowed on only one side of the roadway, and 3. 40 feet (12 192 mm) wide when parking is not restricted. EXCEPTIONS: The chief is authorized to modify the provisions of Section 4.1 when: 1. All buildings in a PUD are completely protected with an approved automatic fire sprinkler system; or 2. Provisions are made for the emergency use of side -walks by such means as rolled, or mountable curbs capable of supporting the fire de- partment's apparatus; or 3. Streets or roadways in a PUD are identified for one-way circulat- ing flow of traffic or_pullouts are provided every 150 feet (45 720 mm) on streets or roadways identified or two-way tra u; or 4. A grid system for traffic flow is provided in a PUD and streets or roadways in the grid do not exceed 300 feet (91440 mm) in length but are accessible at each end from approved access roadways or streets. SECTION 5 — DEAD ENDS 5.1 Dead ends. Dead end fire department access roads shall be in accordance with UFC Section 902.2.2.4. For the purpose of fire apparatus maneuvering, the use of bulb or cul-de-sacs, hammer- heads, "Y"-heads, or other methods shall be subject to the capabil- ities of the fire apparatus, as approved by the chief. 5.2 Cul-de-sacs. Cul-de-sacs shall be maintained clear and unob- structed as required with Section 902.2.4.1 allowing a turning ra- dius that is consistent with the capabilities of the fire apparatus of the fire department, subject to approval by the chief. EXCEPTION: When alternate methods and means relating to the turning around of fire apparatus are provided, the provisions of this section may be modified by the chief. SECTION 6 — SPECIFICATIONS 6.1 Grades. The gradient for fire department access roadways or streets shall be in accordance with UFC Section 902.2.2.6. The maximum grade allowed is 12 percent. The gradient shall not ex- ceed the maximum approved. EXCEPTIONS: 1. The chief is authorized to allow increased steep- ness of grade, depending on the apparatus requirements of the fire de- partment, when every building in the PUD is provided with an approved automatic fire sprinkler system. 2. The chief may allow an increase of the maximum grade when oth- er approved fire protection measures are provided. 6.2 Angles of Approach and Departure. The angles of approach and departure for any means of access shall not exceed the design limitations of the fire apparatus of the fire department, subject to the approval of the chief. 63 Surface. Fire apparatus access roads shall be designed and maintained to ensure that all-weather driving capabilities are maintained in accordance with UFC Section 902.2.2.2. When re- quired by the chief, proposed alternate design criteria for an "all- weather -surface" fire department access road or street, bearing the stamp of a professional engineer shall be provided. 63.1 Drainage. When subject to run-off damage, the chief is au- thorized to require approved drainage. 6.4 Bridges and Culverts. When a bridge or culvert is required to be used as part of a fire apparatus access road, it shall be constructed .and maintained in accordance with UFC Section 902.2.2.5. When required by the chief, design submittals of such bridges and culverts bearing the stamp of a professional engineer shall be provided. 1-313 Fountain Hills/Rural Metro Fire Department To: Jeff Valder Director of Community Development From: Scott La Greca, Chief/Fountain Hills Rural Metro Subject: Eagles Nest/Eagles Ridge North Fire Hydrants and Private Drives Date: August 7, 2001 After reviewing your comments concerning the above stated subject, my comments are: Sheet 5 Add fire hydrants between lots: 189 & 190, 192 & 193, 112 & 113, 115 & 116, 107 & 108, and on lot 120. Sheet 6 What is the fire hydrant location on Cholula to serve the cul-de-sac with lot 244? Sheet 7 Add a fire hydrant at the end of cul-de-sac, lots 86 & 87 :The following lots identified as having possible driveway issues shall/may require operational ;platforms and attic protection; fire sprinklers ( Mod-13D ) or concealed space rules, which would be ;applicable to flat roof structures: Attic Protection Shall be Required Lots 5,51,52,56,58,59,60,63,64,65,66,67,69,72,79,80,81,82,91,92,101,105,113,114,115,120,123,124, 138,150,160,161,167,169,180,189,190,203,209,211,214,215,217,218,220,226,229,242. Attic Protection May be Required ( To be determined on pre -building permit application ) Lots 6,21,23,28,33,61,89,95,107,116,127,130,13 5,137,139,140,147,152,153,154,162,178,181,182,185, 186,188,192,196,197,198,199,200,216,222,227,235,236,237,238,239,240,241,244. Sheet 4 Add Fire Hydrant between lots 13 & 14 STATION #1 Phone: (480) 837-9820 FAX: (480) 837-6167 STATION #2 PHONE: (480) 837-0804 r-... 1Iem - 1 AA& Fountain Hills/Rural Metro Fire Department Valder Memo Technical review comments for Eagle Ridge North and Eagles Nest Page 2 of 2 Eagles Ridge_ North Cont. Sheet 5 Move fire hydrant away from retaining wall in Tract E place between lots 16 & 17. The following lots identified as having possible driveway issues shall/may require operational platforms and attic protection; fire sprinklers ( Mod- 13D ) or concealed space rules, which would be anolicable to flat roof structures: Protection Shall be Required 9,10,11,14,15,16,21,29,44,45,46,48,63,64,70,72,73,74,81,96,98,121,122,129,130,131,134,135,138, 149,151,157. Attic Protection May be Required ( To be determined on pre -building permit application ) Lots 12,18,21,24,27,34,35,36,40,49,52,53,55,60,62,68,69,78,79,86,90,112,113,127,137,140,141,145, 147,161,162,165,166,169. C: Dave Hansen, Fire District Chairman Glenn Brown, Fire District Chief William Farrell, Acting Town Manager / Town Attorney Randy Harrell, Town Engineer STATION #1 Phone: (480) 837-9820 FAX: (480) 837-6167 STATION #2 PHONE: (480) 837-0804 r -.. 1-1 eon . n uc INSTALLATION REQUIREMENTS 13-53 Figure 5-11.5.1 Positioning of sprinklers to avoid obstructions to dis- charge (ESFR sprinkler). Obstruction A 5-11.5.2* Isolated Obstructions Below the Elevation of Sprin- klers. Sprinklers shall be installed below isolated noncontinu- ous obstructions that restrict only one sprinkler and are located below the elevation of sprinklers such as light fixtures and unit heaters. Exception No. 1: Where the obstruction is 2 ft (0.6 m) or less in width and the sprinkler is located horizontally 1 ft (0.3 m) or greater from the nearest edge of the obstruction. Exception No. 2: Where sprinklers are positioned with respect to the bottom of obstructions in accordance with 5-11.5.1. Exception No. 3: If the obstruction is 2 in. (50.8 mm) or less in width and is located a minimum of 2 ft (0.6 m) below the elevation of the sprinkler deflector or is positioned a minimum of I ft (0.3 m) horizon- tally from the sprinkler. 5-11.5.3 Continuous Obstructions Below the Sprinklers. Sprinklers shall be arranged to comply with Table 5-11.5.1 for horizontal obstructions entirely below the elevation of sprinklers that restrict sprinkler discharge pattern for two or more adjacent sprinklers such as ducts, lights, pipes, and conveyors. Exception No. 1: If the obstruction is 2 in. (50.8 mm) or less in width and is located a minimum of 2 ft (0.6 m) below the elevation of the sprinkler deflector or is positioned a minimum of 1 ft (0.3 m) horizon- tally from the sprinkler. Exception No. 2: If the obstruction is 1 ft (0.3 m) or less in width and located a minimum of 1 ft (0.3 m) horizontally from the sprinkler. Exception No. 3: If the obstruction is 2 ft (0.6 m) or less in width and located a minimum of 2 ft (0.6 m) horizontally from the sprinkler. 5-11.5.3.1 Upright sprinklers shall be installed on sprigs arranged so that the deflector is a minimum of 7 in. (178 mm) above the top of the sprinkler pipe. 5-11.5.3.2 ESFR sprinklers shall be positioned it minimum of 1 It (0.3 m) horizontally from the nearest edge to any bottom chord of a bar joist or open truss. 5-11.5.3.3 Sprinklers installed under open gratings shall be of the intermediate level/rack storage type or otherwise shielded from the discharge of overhead sprinklers. 5-11.6 Clearance to Storage (Early Suppression Fast -Response Sprinklers). The clearance between the dellector and the top of storage shall be 36 in. (914 mm) or greater. 5-12 In -Rack Sprinklers. 5-12.1 System Size. The area protected by a single system of sprinklers in racks shall not exceed 40,000 ft2 (3716 m1) of floor area occupied by the racks, including aisles, regardless of the number of levels of in -rack sprinklers. 5-12.2 Type of In -Rack Sprinklers. Sprinklers in racks shall be ordinary temperature standard response classification with a nominal K-factor of 5.6 or 8.0, pendent or upright. Sprin- klers with intermediate- and high -temperature ratings shall be used near heat sources as required by 5-3.1.3. Excepition: Quick -response sprinklers shall be permitted to be installed in racks. 5-12.3 In -Rack Sprinkler Water Shields. 5-12.3.1t In -Rack Sprinkler Water Shields for Storage of Class I through IV Commodities. Water shields shall be pro- vided directly above in -rack sprinklers, or listed intermediate level/rack storage sprinklers shall be used where there is more than one level, if not shielded by horizontal barriers. 5-12.3.2 In -Rack Sprinkler Water Shields for Plastic Stor- age. Where in -rack sprinklers are not shielded by horizontal barriers, water shields shall be provided above the sprinklers or listed intermediate level/rack storage sprinklers shall be used. 5-12.4 Location, Position, and Spacing of In -Rack Sprin- klers. (See Section 7-4). 5-12.5 Obstructions to In -Rack Sprinkler Discharge. In -rack sprinklers shall not be required to meet the obstruction crite- ria and clearance from storage requirements of Section 5-5. 5-13 Special Situations. 5-13.1 Concealed Spaces. 5-13.1.1 * All concealed spaces enclosed wholly or partly by exposed combustible construction shall be protected by sprinklers. Exception No. ,.;,. Concealed spares formed by studs or joists with less than 6 in. (152 mm) between the inside or near edges of the studs or joists. (See Figure 5-6.4.1.4.) Exception No. a-Conceand spaces formed by barjoists with less than 6 in. (152 mm) between the roof or floor deck and ceiling. Exception No. 3,-. Concealed spaces formed by ceilings attached directly to or within 6 in. (152 mm) of wood joist construction. Exception No. 4: Concealed spares formed by ceilings attached di- rectly to the uno er ide of composite wood joist construction, provid- ed the joist channels are farestoppied into volumes each not exceeding 160 fta (4.53 in") using materials equivalent to the web construction. Exr.P tion No. 5: oncealed spaces entirely filled with noncombustible insulation. Exception No. 6: Concealed spaces within wood joist construction and composite w od joist construction having noncombustible insu- lation falling the space from the reiling up to the bottom edge of the joist of the roof or floor deck, provided that in composite wood joist construction the joist channels are fzrestopped into volumes each not exceeding 160 fps (4.53 ms) to the full depth of the joist with material equivalent to the rueb construction. Exception No. 7: Concealed spaces over isolated small rooms not ex- ceeding 55 fgt (4.6 M2) in area. 1999 Edition •13,54 INSTALLATION OF SPRINKLER SYSTEMS Exception No. 8: Where rigid materials are used and the exposed sur- faces have a JNl e spread rating of 25 or less and the materials have been demonstrated not to propagate fire in the fonn in which they are installed in the space. Exception No.,�9- Concealed spaces in which the exposed materials are constructed entirely of fire -retardant treated wood as defined by NFPA 703, Standard for Fire Retardant Impregnated Wood and Lire Retar- dant Coatings for Building Materials. Exception No. J,g Noncombustible concealed spaces having exposed combustible insulation where the heat content of the facing and sub- strate of the insulation material does not exceed 1000 Btu/f12 (11,356 kJ/m2). Exception No. 11 : Sprinklers shall not be required in the space below insulation that is laid directly on lop of or within the ceiling joists in an otherwise sprinklered attic. Exception No. 12: Pipe chases under 10 ft2 (0.93 m2) formed by studs or wood joists, provided that in multifloor buildings the chases are fir estopped at each floor using materials equivalent to the floor construct tion. Such pipe chases shall contain no sources of ignition, piping shall be noncombustible, and pipe penetrations at each floor shall be properly sealed. 5-13.1.2 Sprinklers in concealed spaces having no access for storage or other use shall be installed in accordance with the requirements for light hazard occupancy. 5-13.1.3 Where heat -producing devices such as furnaces or process equipment are located in the joist channels above a ceiling attached directly to the underside of composite wood joist construction that would not otherwise require sprinkler protection of the spaces, the joist channel containing the heat - producing devices shall be sprinklered by installing sprinklers in each joist channel, on each side, adjacent to the heat -pro- ducing device. 5-13.1.4 In concealed spaces having exposed combustible construction, or containing exposed combustibles, in local- ized areas, the combustibles shall be protected as follows: (a) If the exposed combustibles are in the vertical parti- tions or walls around all or a portion of the enclosure, a single row of sprinklers spaced not over 12 ft (3.7 m) apart nor more than 6 ft (1.8 m) from the inside of the partition shall be per- mitted to protect the surface. The first and last sprinklers in such a row shall not be over 5 ft (1.5 m) from the ends of the partitions. (b) If the exposed combustibles are in the horizontal plane, the area of the combustibles shall be permitted to be protected with sprinklers on a light hazard spacing. Additional sprinklers shall be installed no more than 6 ft (1.8 m) outside the outline of the area and not more than 12 ft (3.7 m) on center along the outline. When the outline returns to a wall or other obstruction, the last sprinkler shall not be more than 6 ft (1.8 m) from the wall or obstruction. 5-13.2 Vertical Shafts. 5-13.2.1 One sprinkler shall be installed at the top of shafts. Exception No. 1: Noncombustible or limited -combustible, nonaccessi- ble vertical duct shafts. Exception No. 2: Noncombustible or limited -combustible, nonaccessi- ble vertical electrical or mechanical shafts. 5-13.2.2* Where vertical shafts have combustible surfaces, one sprinkler shall be installed at each alternate floor level. Where a shaft having combustible surfaces is trapped, an addi- tional sprinkler shall be installed at the top of each trapped section. 5-13.2.3 Where accessible vertical shafts have noncombustible surfaces, one sprinkler shall be installed near the bottom. 5-13.3 Stairways. 5-13.3.1 Sprinklers shall be installed beneath all stairways of combustible construction. 5-13.3.2 In noncombustible stair shafts with noncombustible stairs, sprinklers shall be installed at the top of the shaft and under the first landing above the bottom of the shaft. Exception: Sprinklers shall be installed beneath landings or stairways where the area beneath is used for storage. 5-13.3.3* Sprinklers shall be installed in the stair shaft at each floor landing where two or more doors open from that land- ing into separate fire divisions. 5-13.4* Vertical Openings. Where moving stairways, stair- cases, or similar floor openings are unenclosed, the floor openings involved shall be protected by closely spaced sprin- klers in combination with draft stops. The draft stops shall be located immediately adjacent to the opening, shall be at least 18 in. (457 mm) deep, and shall be of noncombustible or limited -combustible material that will stay in place before and during sprinkler operation. Sprin- klers shall be spaced not more than 6 ft (1.8 m) apart and placed 6 in. to 12 in. (152 mm to 305 mm) from the draft stop on the side away from the opening. Where sprinklers are closer than 6 ft (1.8 m), cross baffles shall be provided in accordance with 5-6.3.4. Exception No. 1: Closely spaced sprinklers and draft stops are not re- quired around large openings such as those found in shopping malls, atrium buildings, and similar structures where all adjoining levels and spaces are protected by automatic sprinklers in accordance with this stan- dard and where the openings have all horizontal dimensions between op- posite edges of 20 fl (6 m) or greater and an area of 1000 fie (93 m2) or greater. Exception No. 2: Draft stops and closely spaced sprinklers are not re- quired for convenience openings within individual dwelling units that meet all of the following criteria: (a) Such openings shall connect a maximum of two adjacent sto- ries (pierce one floor only). (b)* Such openings shall be separated from unprotected vertical openings serving other floors by a barrier with afire resistance rating equal to that required for enclosure of floor openings by NFPA 1010, Life Safety CodA. (c) Such openings shall be separate from corridors. (d) Such openings shall not serve as a required means of egress, although they can serve as a required means of escape. 5-13.5* Building Service Chutes. Building service chutes (e.g., linen, rubbish) shall be protected internally by automatic sprinklers. A sprinkler shall be provided above the top service opening of the chute, above the lowest service opening, and above service openings at alternate levels in buildings over two stories in height. The room or area into which the chute dis- charges shall also be protected by automatic sprinklers. 5-13.6 Elevator Hoistways and Machine Rooms. 5-13.6.1 * Sidewall spray sprinklers shall be installed at the bot- tom of each elevator hoistway not more than 2 ft (0.61 m) ' above the floor of the pit. 1999 Edition TO: Jeff Valder FROM: Susanna R. Struble, P.E. DATE: August 16, 2001 RE: Eagles Nest PRELIMINARY PLAT REVIEW COMMENTS All Techincal Review comments shall be addressed. Provide the following items with the Final Plat and Improvement Plan submittal: • Landscape plans • Signing and striping plans • Road Right -of -Way abandonment applications • VNAE abandonment application • Grant of easement applications • Final Soils Report • Final Drainage Report • Final Environmental Assessment • Provide special construction traffic haul routing controls and conditions for Golden Eagle Blvd, Sierra Madre Drive, and Sunridge Drive. (Preliminary requirements previously given.) • Water system calculations, water looping if necessary shall be within the subdivision boundary. 2. Several driveways are shown going through retaining walls. Verify that they will really work. 3. It is difficult to estimate driveway slopes. From our estimates there are a number of driveways exceeding 18% slope. See attached Exhibit A. 4. Engineering Department staff intends to request to Council to allow side hill grading at 3:1 fill slopes on various downhill roadway slopes, in order to reduce guardrail and retaining walls (but not where it would create a long, sliver fill) particularly along Golden Eagle Blvd/Mountain Parkway. 4. Vehicular sight easements on many lots will be needed. Relocate any proposed retaining walls outside of a vehicular sight easement. 5. Intersection sight distances and stopping sight distances have not been verified. Some additional grading may be needed to meet these requirements. 6. Assure compliant lot access to those lots that have retaining walls along the frontage. 7. Indicate a water and access easement is needed to the water tank west of Desert Springs Drive. 8. Aboveground sewers or piers will not be allowed, we understand that Fountain Hills Sanitary District disapproves of above ground crossings. 9. Show the 100-year flood plain limits of the Cholula Wash downstream of Eagles Nest, (from the Plat 513/514 floodplain study is okay.) 10. For the Mountain Parkway/Sunridge Drive intersection: ■ Re -stripe Sunridge Drive for a left turn pocket onto Mountain Parkway. ■ Catch basins and Culverts will be required at the east end of Mountain Parkway before it intersects with Sunridge Drive. 11. The dedication for Mountain Parkway and other roads as needed should allow public pedestrian access, bicycle access, and public maintenance access (for the trailhead and trail). 12. Show Lot 27 of Plat 515-A. Will Lot 27 (non -Hillside Protection Easement area) be allowed access into this subdivision? By what document? 13. At Tract I, will the retaining walls and fill adjacent to the con arch along Mountain Parkway infringe excessively on the wash/floodplain? 14. The purpose of Tract Y is unclear? Provide a sidewalk/bikeway if this is the access to the park. 15. Label and show the public trails and sidewalk to the Park. 16. Fire hydrants shall be required along the Jeep Trail. 17. Meander the sidewalk away from the roadways (particularly on the minor collector roadways) into a sidewalk easement, wherever it will not create excessive additional cut or fill grading (indicating this by note on the detail sheet is okay for preliminary plat) 18. Provide a schematic plan of the gate areas, particularly for the Golden Eagle gate with the parking nearby. The trailhead parking area outside the gate is very small. Indicate and provide right-of- way/easement for future parking. We initially would recommend an area for ten additional spaces, off-street. 19. Assure compliant lots access to those lots that have retaining walls along the frontage. DRAINAGE 20. Provide drainage easements where needed and required. Drainage easements shall be provided under the following conditions: • In mass graded areas where the developed drainage flow routes differ from the historic natural flow patterns. • Downstream from street outlets and street crossings. • Where washes or surface drainage carry more than a 100-year flow of 15 cfs. Where surface drainage courses carry less than 15cfs, a note on the plat that there is lot -to -lot drainage is acceptable. • When washes or surface drainage courses carry more than 100 cfs, a separate drainage parcel rather than drainage easement should be considered. • Where very steep topography (erosion problems) or very flat channels (sediment deposition or flooding problems) are present, more restrictive requirement may be needed. • Upstream from storm drain structures where needed for riprap, slope protection or maintanence. 21. In culvert sizing, use a single larger pipe or box culvert where headroom is available to minimize self-cleaning and clogging potential. Use an 8'x 8' box culvert minimum (or 8' high Con -Arch structure) with a lightwell, where feasible, such as at Lot 14, 19, 82, 87, 92, 93, 144, 165, 172, and 236. This will reduce maintenance and provide a good wildlife and/or hiker crossing. 22. Size common or shared driveway culverts, construct with the street improvements. ROADWAY 23. All roadways should be designed to carry the 10-year runoff within curb -to -curb and the 100-year runoff within street right-of-way. 24. At the Sunridge Drive/Palisades intersection: • Construct the conduit and pull boxes for a future traffic signal. • Extend MCO's (or SunRidge Canyon's, if previously subrogated) obligation to pay 50% of the traffic signal costs if warranted prior to the extended date of December 2007, or 5-years past subdivision completion, whichever is later. (SunRidge Canyon has an obligation to pay 50% if warranted prior to approximately October 2003) 25. Because of the steep uphill grades, through traffic volume, side street volume, bike/pedestrian path/emergency vehicle usage, and maybe possible future public access, provide right-of-way and grading to accommodate a potential future right turn pocket at the westbound Trailhead turnoff (Red Sky Road ?) from Golden Eagle Blvd/Mountain Parkway. 27. Provide a left turn pocket westbound at the Golden Eagle gate onto Wildflower Lane. The above turn pockets should be 12' wide (to back of curb); 60' long, and have a 10:1 taper (for the right turn, and City of Scottsdale reverse curve for the left turn). 28. Construct additional signage and striping needed for Sunridge Drive and Golden Eagle Boulevard to the start of the proposed new roadways. We anticipate that this will include advance signage, Town directional signage, and other signage and striping. (Typical Sections) 29. Review whether a 6' sidewalk on only one side of the minor collector and minor collector with medians (instead of both sides as shown) is acceptable. 30. The shoulder area should be: • 2' behind all sidewalks. • 4' behind all curbs (hillside local). • 10' behind curb (minor collector, minor collector with median, and local -with bike lanes). • Shoulder slope should not exceed 10:1. 31. Note that substantially thicker pavement may be required in expansive clay areas. 32. On the cut retaining wall cross-section show: • Distance from right-of-way/street to the retaining wall. • Type of easement (eg. slope/retaining wall) and who it will be granted to (HOA, typically). • Extend the easement to 10' beyond the highest retaining wall. • Indicate that a pedestrian handrail is required at the top wall for all heights greater than 30" and within 30' of a building pad, water tank, pump station, driveway, topside sidewalk or trail, etc. 33. On the fill retaining wall cross-section, show: • Distance from right-of-way/street to the retaining wall. • Type of easement (e.g.: slope/retaining wall) and who it will be granted to (HOA typically). • The easement should extend 10' past the lowest retaining wall. • Pedestrian handrail is required at the upper wall (except at guardrail areas without a sidewalk.) • Show a guardrail at the street curb (indicate as "when required"). 34. Show typical sections (including utilities) of the Jeep Trail emergency access roadway/walk. This section should show: • 20' width (where available). • Remainder of the emergency access road to be 16 foot width with turnout areas provided every 150 feet. • Maximum slopes within 5' of the access roadway width. • Desirable slopes within 5' of the access roadway width. • Surfacing material to be established by the Town Engineer. • Cross -Slope (Varies). • Underground utilities (Surface structures and boxes not permitted). Label it as a "Restricted public utility easement", with Town control of its usage. 35. Add a typical plan detail for the "Gated Entrances" (also may be needed as a display exhibit). This detail should show: • Right-of-way widths. • Island minimum lengths, and widths. • Roadway width and 3 car minimum stacking distance. • Gate location. • Sidewalk configuration on the street and into the entrance. Will the sidewalk be gated? • Show common mailbox location. • Show call box location. • Cross -culvert and bridge minimum clear zone behind curb with and without a sidewalk. • What will bikes and deliveries do? • The clear zone needs to be wide enough to allow trucks to roll over the curb if needed to turn around. FIRE PROTECTION, per the Fountain I ills/Rural Metro Fire Department 36. Add additional fire hydrants between lots: 86 & 87, 107 & 108, 112 & 113, 115 & 116, 189 & 190, 192 & 193, on lot 120 and for lot 244. 37. Attic protection shall be required on lots 5, 51,52, 56, 58, 59, 60, 63, 64, 65, 66, 67, 69, 72, 79, 80, 81, 82, 91, 92, 101, 105, 113, 114, 115, 120, 123, 124, 138, 150, 160, 161, 167, 169, 180, 189, 190, 203, 209, 211, 214, 215, 217, 218, 220, 226, 229, 242. 38. Attic protection may be required on lots to be determined on pre -Building permit application. 0 4 4 NOTICE OF A MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL WHEN: THURSDAY, SEPTEMBER 6, 2001 TIME: 1:30 P.M. WHERE: TOWN HALL CONFERENCE ROOM 16836 EAST PALISADES BOULEVARD, BUILDING A Pursuant to A.R.S. 38-431.02, notice is hereby given to the Members of the Fountain Hills Town Council and to the general public that the Members of the Fountain Hills Town Council will hold a meeting open to the public on Thursday, September 6th , at 1:30 p.m. in the Town Hall Conference Room, located at 16836 E. Palisades Blvd., Building A, Fountain Hills, Arizona. 1.) ROLL CALL. 2.) Discussion of Town Policy for acceptance, placement, and maintenance of public art of all types. DATED this 5th day of September 2001. Susan M. Stein, Recording Secretary The Fountain Hills Town Council in cooperation with the Town of Fountain Hills endeavors to make all public Lneetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior the meeting to request a reasonable accommodation to participate in this meeting. Law Offices of William E. Farrell, P.L.L.C. Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrelIC&gwest.net TO: Mayor and Council Town Clerk FROM: William E. Farrell Acting Town Manag DATE: September 6, 2001 William E. Farrell MEMORANDUM RE: Special Work Study Session Art in the Public Place Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 As you are now all aware we are attempting to meet at 1:30 p.m. on Thursday to have a work study session on the issues of art in the public place. This is a work study session and no final action or collective decision will be made. The policies that come from this meeting will be discussed and ratified at a regular town council meeting. The advent of the Community Center and Library Museum together with the grounds adjacent thereto have caused an increased concern and a heighten interest in art in the public places. I am attaching three specific items for your consideration in the way of preparatory material. The first is Resolution 1997-43 which designated the Arts Council of the Fountain Hills Civic Association as the authorized agency of the Town on development and promotion of public arts within the Town of Fountain Hills. The second attachment is three unnumbered and undated pages with the Fountain Hills Art Council logo and the title Guidelines for Gifts, Loan and/or Bequests of Art work. I believe that this work is a recent effort of a subcommittee of the Arts Council. The third attachment is four pages of a fax received by Mr. Jim Willers from Mr. Franklin and represents the work of a separate subcommittee of the Fountain Hills Arts Council. The issues are somewhat diverse and I will attempt to provide a matrix prior to tomorrow's meeting that will assist us in the trying to keep the discussion focused on the significant policies that need to be either ratified or adopted by the Council at a future meeting. 4p/ne FOUNTAIN HILLS ARTS (OUNCIL GUIDELINES FOR GIFTS, LOANS AND/OR BEQUESTS OF ARTWORK Goals and Objectives These Guidelines are intended to govern offers to the Fountain Hills Arts Council on behalf of the Town of Fountain Hills of artworks that are not acquired through the public art process or other established acquisition procedures. The Guidelines outline the process for reviewing and evaluating proposed art gifts, loans and/or bequests, determining their acceptance or non -acceptance, monitoring the appropriate locations for possible installation, and evaluating their future maintenance and safety requirements. These Guidelines will help ensure that art accepted by the Town of Fountain Hills is of the highest quality, enhances the aesthetic character of the community's public spaces, contributes to the town's existing public art collection, and advances the public understanding of art without placing an undue burden on the Town for the artwork's maintenance, security or public safety. Immediately upon receipt of an offer, the Public Art Committee will provide the prospective donor with a copy of these Guidelines. The Review Process A. Eligible offers of artworks from artists, owners, businesses, organizations, individuals or other entities shall be submitted by the donor to the Public Art Committee of the Fountain Hills Arts Council for proper processing. B. Eligible offers shall include the following elements: 1. A Letter of Intention stating that the donor wishes to donate, loan and/or bequest an artwork to the Town and suggesting the artwork's placement on Town property. 2. A written description of the artwork, including a definition (i.e., painting, sculpture, fabric hanging, etc.); medium (metal, fabric, mixed media, etc.); the date created; the name and, if possible, a resume of the artist who created the artwork; its dimensions; physical condition, and any relevant background information about the artwork and the artist. 3. The name, address and phone number of the prospective donor. 4. Visual documentation of the artwork. (i.e., color photographs, 35 mm slides, videotapes, etc.) 5. Donor may be asked to provide additional documentation to verify originality and legal title to the work. C. As soon as possible thereafter, the Public Art Committee will schedule a review of the offer, notifying the prospective donor in writing of the date and time for the review. The prospective donor will have an opportunity to make a brief informational presentation to the Public Art Committee. D. Upon reviewing and examining the artwork and evaluating the proposed gift, loan and/or bequest according to the criteria detailed below, as soon as it is practicable, the Public Art Committee will make a recommendation to the Fountain Hills Arts Council's Board of Directors regarding acceptance or non -acceptance of the artwork. E. The Fountain Hills Arts Council will consider the recommendations of the Public Art Committee during a meeting of its Board of Directors, at which time, public comment can be heard. F. The Arts Council will forward its recommendation of acceptance to the Fountain Hills Town Council. G. In the event that the Arts Council decline an offer, the donor may appeal the decision to the Fountain Hills Town Council. H. The Town Council shall accept or decline the artwork for the Town. The Arts Council will formally notify the prospective donor of the Town Council's decision in writing. Ill. Criteria for Evaluating the Artwork Criteria for evaluating acceptance or non -acceptance of artwork are as follows: OO Artistic merit of the artwork OO The physical condition of the artwork OO History and provenance of the artwork OO Compatibility with the Town's public art program and collection OO Availability of an appropriate location on Town property CO Practical needs, such as available, adequate and appropriate storage space, and maintenance and installation requirements OO Liability considerations OO Issues of public safety IV. Additional Information A. Prospective donors should understand that artworks will not be accepted by the Town with attached conditions or restrictions, except in extraordi- nary circumstances which will be noted and approved by the Public Art Committee in advance of the acquisition. B. Neither the Public Art Committee nor the Town of Fountain Hills is obligated to accept bequested items which in its opinion would be inappropriate in the Towns public art collection. C. No object will be accepted for the Town's art collection if ownership is in question. D. Art objects will be accessioned only when they have been collected, ex- ported and imported in full compliance with the laws and regulations of the country or countries of origin, and with the laws and regulations of the Town of Fountain Hills, Maricopa County, the State of Arizona and the United States. E. Under no circumstances will individuals of the Arts Council, Public Art Committee or Town staff give appraisals of art objects. • 9.19/04/2001 16:54 4809377097 COP WALT FRANKLIN PAGE 01 WALT FRANKLIN 16937 E. NICKLAUS DR_ FOUNTAIN HILLS, AZ 85268 PHONE: 430-837-3814 FAX: 480-837-7097 09/04/2001 1 of 4 Jinn Willers TOM Re: Exhibit Plans- Policies — and our Meeting Wednesday 4:00 .Tim, I previously sent our currently approved and planned schedule for exhibit events. Will continue to communicate with you rc: these matters as additional detailsare confirmed. My committee membership is listed there too. Following, you will find A) A copy of the vision and mission statements for the Arts Council Programming Committee. This, of course, has little to do with you directly, but I hope it will help to give you a clear assessment of what our goals and intentions are with our assigned program. In addition, two more "Draft" documents. B) Community Center Art Exhibition Policy and Procedures, and C) an Artist/ Agent agreement to use for upcoming events. These two proposed documents obviously do directly affect you, the CC and perhaps the commission. While I am certain we will need further guidelines and documentation at sometime in the future, these two pages do cover issues we need to address as we firm up the rest of our schedule, starting with the November Invitational. Since your policies will necessarily be ours and conversely ours will be yours, we have proceeded with this draft of what we feel will meet our mutual needs for your review and hopefully adoption. These three documents and any related issues you see are the content for the meeting I requested for Wednesday at 4:00. I look fonvard to meeting with you then. Walt 09/04/2001 16:54 4809377097 CUP WALT FRANKLIN PAGE 02 WALT FRANKLIN 16937 E. NICKLAUS AR. FOUNTAIN HILLS, AZ 85268 PRONE: 480-837-3814 FAX: 480-837-7097 DRAFT 8/27/01 Fountain Hills Arts Council Programming Committee ® Vision: To provide a community environment that promotes the enhancement of daily living through exposure to and appreciation of a broad variety of cultural and educational experiences. Mission: To promote public appreciation and enjoyment of the arts through creative presentation. To support growth, development and exposure of our artistic Community. To serve and unite our community through artistic presentations that bring us together for endeavors of mutual enjoyment, education and enrichment. 09/04/2001 16:54 4BOE377097 CUP WALT FRANKLIN PAGE 03 WALT FRANKLIN 16937 E. NICKLAUS DR. FOUNTAIN PALLS, AZ 85268 PHONE: 480-837-3814 FAX: 480-837-7097 DRAFT 8/27/01 Fountain Hills Arts Council COMMUNITY CENTER ART EXHIBITION Policy and Procedures Definition: Public events conducted within Town owned facilities for the purpose of exposure to and mutual enjoyment of a variety of artistic endeavors and may include performance as well as material arts. These events would normally be free of any admission charge, but may also include some "admission fee" events under special circumstances. I) All presentations made at these facilities are required to be of suitable and acceptable community standards as judged and interpreted by the Fountain Hills Arts Council and/or its Programming Committee. All decisions made by the Arts Council and its committee in such matters are subject to appeal, to the Community Center Advisory Commission and/or to the Fountain Hills Town Council whose decisions shall prevail. 2) In any and all cases where admission fees are charged and/or sales of material art items are transacted, an appropriate payment to the Town for use of the public facility shall be included in the transaction amount. Such fees shall be determined according to the currently established "fees" policy and approved by the Facility Director prior to scheduling of an event. 3) The Arts Council and its Programming Committee shall coordinate and assist in supervision of all events falling under the above definition for continuity of purpose and community benefit. Scheduling for these events will be effected by application through the Arts Council and subject to confirmation by the Facility Director. All decisions regarding the use of the facility, its amenities, staff and hours of operation are subject to the Director's exclusive authority, permission and agreement. 09/04/2001 16:54 4808377097 CUP WALT FRANKLIN PAGE 04 WALT FRANKLIN 16937 E. NICKLAUS DR. FOUNTAIN HILLS, AZ 85268 PHONE: 480-837-3814 FAX: 480-837-7097 DRAFT 8/27/01 Community Center Art Exhibition 1, Artist/ Owner/ Agent Agreement ('_dame) (Address) (Phone) hereby confirm that I am the creating Artist, Owner, and/or authorized Agent for the works of art listed below which are being released to the Fountain Hills Arts Council for exhibit at the Fountain Hills Community Center. I understand and acknowledge that while the Arts Council and the Town of Fountain Hills will extend reasonable effort for the security and safe keeping of these works, neither the Arts Council nor the Town of Fountain Hills accepts any responsibility for such safe keeping, and that it is my responsibility to provide any insurance coverage or other protection as I deem appropriate. Along with the Title and size of each piece listed, I am including a sale price for any of the items being offered for sale. In the event that a sale is transacted, I understand that an Exhibit Charge in the amount of % of the sale price will be due and payable to the Town of Fountain Hills. Signed: Date: Receipt Acknowledged by Above articles returned to Owner/Agent (Date) by Received by Signature and Date: 14 RESOLUTION 1997-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE ARTS COUNCIL OF THE FOUNTAIN HILLS CIVIC ASSOCIATION AS THE AUTHORIZED AGENCY OF THE TOWN ON DEVELOPMENT AND PROMOTION OF PUBLIC ARTS WITHIN THE TOWN OF FOUNTAIN HILLS AND SETTING FORTH THEIR DUTIES AND RESPONSIBILITIES NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the promotion of public art in all forms within the T wn of Fountain Hills is of value to the Town and its residents and promotes and encourages the ublic health, safety and welfar of the Town. Section 2. That there already exists as an arm of the Fountain Hills Civic Association known as the Fountain Hills Arts Council and that Council is hereby designated by the Town as the official representative of the Town in all matters dealing with State and Federal art agencies to the extent that the matters relate to the promotion of public arts within the Town of Fountain Hills. Section 3. That the Arts Council is authorized and directed to make application for grants and participation in programs which will enhance and promote public art within the Town. Section 4. That the Arts Council may request from the Town Council that the Town participate in projects and in grant requests with contributions of either cash or kind and that said contributions must be approved by the Town Council. Section 5. That the Arts Council may accept contributions and donations on behalf of the Town and that said contributions or donations shall be accounted for annually to the Town. Section 6. That the Arts Council periodically report its progress and its plans to the Town Council at a regular or special meeting of the Town Council. Resolution 1997-43 Z\WPDATA\FH\RM1"743YM Page 1 of 2 PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 4th day of September, 1997. FOR THE TOWN OF FOUNTAIN HILLS: 4U�7 Jerry ' s, M or REVIEWED BY: APaul . ordin, Town Manager Z\WPDATA71i\RF3\I997-"1U S ATTESTED TO: C"'L'1-4 L',' Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: q � , /v William E. Farrell, Town Attorney Resolution 19974 Page 2 of 2