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2002.0418.TCREM.Packet
o 3 bo `fat is 4a NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Rick Melendez Councilwoman Hutcheson Councilwoman Fraverd Vice Mayor Kavanagh Councilwoman Ralphe WHEN: THURSDAY, APRIL 18, 2002 TIME: 5:00 P.M. (the Council will meet in executive session from 5:00 to 6:30 p.m. at which time the regular session will begin) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the ollowing 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. 1.) Pursuant to A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECiTTIVE SESSION for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (specifically regarding the three suits: Knapp, Hoffman & Robinson vs. the Town of Fountain Hills et al). 2.) RETURN TO REGULAR SESSION CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan INVOCATION — Pastor Don Lawrence, Christ's Church of Fountain Hills ROLL CALL MAYOR'S REPORT: .t he Mayor will introduce and recognize Accounting Supervisor Julie Ghetti for receiving the Certificate of Achievement of Excellence in Financial Accounting for the fifth year in a row. Town of Fountain Hills Page 1 of 2 Last printed 04/17/02 2:37 PM 3.) Consideration of APPROVING THE MEETING MINUTES of April 4 and 8, 2002. 4.) Consideration of ORDINANCE 02-04 amending the Town Code Chapter 12 Traffic, by amending Article 12-5 Motorized Skateboards, Section 12-5-4 Prohibited Operations, to add Subsection G, and amending Section 12-5-7 Required Safety Equipment, Subsection A. 5.) FINAL REPORT AND RECOMMENDATIONS by Councilwoman Fraverd and Interim Community Development Director Jesse Drake on the progress of the Developer Advisory Committee. 6.) PUBLIC HEARING on ORDINANCE 02-05, amending Chapter 7, Section 7.03.B.8 of The Zoning Ordinance for the Town of Fountain Hills to modify the requirements for the aisle requirements for parking spaces for persons with disabilities. 7.) Consideration of ORDINANCE 02-05, amending Chapter 7, Section 7.03.B.8 of The Zoning Ordinance for the Town of Fountain Hills to modify the requirements for the aisle requirements for parking spaces for persons with disabilities. 8.) Consideration of a CUT WAIVER for "Firerock Parcel C", a 23,132± acre, 116 unit multiple -family project proposed to be located south of Shea Boulevard and southwest of the Firerock Country Club Maintenance Facility drive, Case Number CFW2001-09. 9.) Consideration of a PRELIMINARY AND FINAL PLAT for "Firerock Parcel C", a 23,132± acre, 116 unit multiple -family project proposed to be located south of Shea Boulevard and southwest of the Firerock Country Club Maintenance Facility drive, Case Number S2001-032. 10.) CALL TO THE PUBLIC AND ADJOURNMENT. 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 )uncil. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters ■ ised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusio 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 agencja. DATED this 17th day of April, 2002 (__-AJJL-�— 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 2 of 2 Last printed 04/17/02 2:37 PM Memo To: The Honorable Mayor and Council From: Steve GendIer, P VbK Safety Director Through: Roy Pederson t g Town Manager Date: 3/18/2002 Re: Motorized Skateboards Executive Summary: In response to inquiries from members of the Council as well as your request for alternatives to address motorized skateboard complaints, the Marshals Department is recommending that operation be restricted to daylight hours only. Problem: A growing problem with motorized skateboards disrupting neighborhood peace and tranquility in the Fontana area has exposed a gap in article 12-5 of the town code relating to noise generated by these vehicles. Since the beginning of the year, the Marshals Department has responded to 22 complaints regarding motorized skateboards and taken action in 17 instances for various violations of the existing town code. However, the specific problem is noise generated by these vehicles which is disturbing the neighborhood at all hours of the day and night. Attempts to address the problem: While disruptive noise can be addressed partially under the existing ordinance using provisions that prohibit modifications (which subsequently increase power and the resulting noise), there is nothing specific in the ordinance to address the noise problem. Alternatives: The Marshals Department worked closely with the Town's Attorney's Office in developing alternatives. It was determined that, with the exception of licensing and registration, the Council has the authority to regulate and even ban motorized skateboards in our community under ARS 28-627d. One alternative, setting noise standards, was examined when the original ordinance was adapted in 1998. That was rejected however as impractical due to the difficulty in setting decibel standards and finding a method to uniformly take measurements. Two other alternatives remain; prohibiting motorized skateboards on public streets in Fountain Hills or restricting their operating hours. Recommendation: In trying to strike a balance between the right to own and operate these vehicles and maintaining tranquility during normally peaceful evening hours, the Marshals Department is recommending a restriction on operation of motorized skateboards to daylight hours only. This option has the advantage of potentially solving the majority of the existing problem while maintaining a balance between the rights and privileges of our residents as well as increasing safety and leaving the Council with an option of banning these vehicles if deemed necessary in the future. Implementation: Implementing this recommendation would be simply a matter of adding a provision "G" to ordinance 12-5-4 prohibiting operation between sunset and sunrise. A proposed sample is attached for review. The Marshals Department would continue its efforts to work with residents in achieving voluntary compliance with both the existing and proposed ordinance as well as taking enforcement action on repeat offenders when violations occur. Respectfully Submitted, �J Steve Gendler Public Safety Director 0 Page 2 ORDINANCE 02-04 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 12 TRAFFIC, BY AMENDING ARTICLE 12-5 MOTORIZED SKATEBOARDS, SECTION 12-5-4 PROHIBITED OPERATION, TO ADD SUBSECTION G, AND AMENDING SECTION 12-5-7 REQUIRED SAFETY EQUIPMENT, SUBSECTION A. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section I That the Town code of the Town of Fountain Hills, Chapter 12, Traffic, is hereby amended by the addition to Article 12-5 Motorized Skateboards, Section 12-54 Prohibited Operation, subsection G as set forth in Section 2 hereof, and the amendment of 12-5-7 Required Safety Equipment, Subsection A. (New text is shown as rouble-„aderlinerl and text to be deleted is shown as crossed out.) Section 2. Section 12-5-4 Prohibited Operation No person shall operate a motorized skateboard: G. At any time between, and cnnrica_ Section 12-5-7 Required Safety Equipment A. No person shall operate a motorized skateboard without a head- lamp emitting a Beam and a red rear reflector any other time when there is no sufficient light to render clearly discernible persons or vehicles on the roadway. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 4t' day of April, 2002. FOR THE TOWN OF FQUNTAIN HILLS: ATTESTED TO: L Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Acting Town Manager Wil iam E. Farrell, Town Attorney DAC Council Update 4-18-02.doc o��'TAIN �l 0 7� N. _ o that is ADO TO: Honorable Mayor and Council Town of FOUNTAIN HILLS Developer Advisory Committee MEMORANDUM FROM: Councilwoman Fraverd and Jesse Drake DATE: April 11, 2002 RE: Developer Advisory Committee Update The Developer Advisory Committee was formed by the Council to be primarily responsible for identifying the areas within the application process and the areas within the text of the zoning ordinance and subdivision ordinance which seem to cause the most bottlenecks in time and confusion in understanding. The committee consists of: ■ Councilwoman Leesa Fraverd ■ Jesse Drake, Interim Director of Community Development ■ Jim Leubner, Senior Civil Engineer ■ Scott LaGreca, Chief Fire Marshal and four members of the Fountain Hills Contractor's Association: ■ Dave Montgomery, Civil Engineer ■ Scott Page, Builder ■ Gordon Pittsenbarger, Builder ■ Ken Kreuter, Builder The initial meeting of the committee was held January 8, 2002, followed by five additional meetings. The Committee has been discussing the Town's planning process and several developer concerns regarding the zoning ordinance. At each meeting a number of issues were discussed, some which met with quick resolution, while others have entailed a continuing discussion for which consensus has not yet been determined. The goals of both the development community and the Town staff are the same: to facilitate efficient, safe and appropriate design and development. The opportunity for the developers and staff to participate in a joint solution that identifies the difficulties and smoothes the process has been valuable to both. The committee anticipates that text amendments and ordinance revisions will follow. FINAL REPORT OF THE DEVELOPER ADVISORY COMMITTEE PROPOSED ORDINANCE TEXT AMENDMANTS From Councilwoman Leesa Fraverd From January until our last meeting in March, the committee has reviewed nine possible text amendments. The proposed schedule for four of the amendments is as follows: 1. ADA — provides for less restrictive requirements for ADA parking Initiated by P&Z on 3114, recommendation on 4111, Council agenda April 18 2. RET WALLS — raising height allowed for retaining walls under certain conditions. On P&Z agenda for initiation on 3/14, recommendation on 4/25, Council agenda on May 2 3. GUEST HOUSES — changing requirements for guesthouses under certain conditions On P&Z agenda for initiation on 3/28, recommendation on 4/25, Council agenda on May 2 4. ACCESSORY BUILDINGS — changing location and height requirements for accessory buildings. On P&Z agenda for initiation for 4/11, recommendation 5/9, Council agenda on ,%W May 16 The above four amendments would be voted on by this Council if all are initiated by P&Z per the above schedule. The Committee has asked that I bring three additional amendments to the new Council at the June 20th meeting for direction and discussion. Two other amendments are also in the works, but at this time the date is uncertain for possible initiation. DAC Final Report 4-18.doc Town of Fountain Hills Memorandum DATE: April 18, 2002 TO: The Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Jesse Drake, Interim Director of Community Development _�I> SUBJECT: Consideration of Ordinance 02-05 amending Chapter 7, Section 7.03.B.8 of The Zoning Ordinance for the Town of Fountain Hills to modify the requirements for the aisle requirements for parking spaces for persons with disabilities. This request is for approval of Ordinance 02-05 amending the aisle requirements for parking spaces for persons with disabilities in Chapter 7, Section 7.03.B.8, of The Zoning Ordinance for the Town of Fountain Hills. The requested change would modify the requirement for a five-foot aisle on the right side of each parking space for persons with disabilities, to allow a five-foot aisle to be placed either on the right side of a parking space for persons with disabilities, or to allow a five-foot aisle to be shared between two parking spaces persons with disabilities. This modification request is in full compliance with the Americans with Disabilities Act (ADA) regulations. 40 Below is the proposed amendment to Chapter 7, Section 7.03.B.8, of The Zoning Ordinance for the Town of Fountain Hills: (deleted text has strikethfoug and added text is double underlined): :4 CHAPTER 7 PARKING AND LOADING REQUIREMENTS 7.03 Design and Location of Parking Spaces. B. All Uses Except as Provided Above. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space or shared between two (2)parking spaces for persons with disabilities. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground in addition to blue wheelchair logo being painted on the parking space itself. E:\Drake fi1es\Reports-2002\Text amend -ADA-TC.doc 3 Edge of curb Disabled Disabled 19, Parking person person stall space parking parking depth 9' x 19' space pace 11 x 19 11' x 19' Aisle 5' x 19' on right side or between two spaces for Persons with Disabilities RECOMMENDATION: The Planning and Zoning Commission recommended approval of the proposed Ordinance 02-05 amendment on April 11, 2002, and staff recommends approval of the amendment to modify the aisle requirements for parking spaces for persons with disabilities in Chapter 7, Section 7.03.B.8, of The Zoning Ordinance for the Town of Fountain Hills. E:\Drake fi les\Re ports -2002\Text amend -ADA-TC.doc LJ Edge of curb i Disabled Disabled 19, Parking person person parking stall space parking depth 9' x 19' space space j 11' x 19' 11' x 19' ,3 Aisle 5' x 19' 1 on right side or between two spaces for Persons with Disabilities RECOMMENDATION: The Planning and Zoning Commission recommended approval of the proposed Ordinance 02-05 amendment on April 11, 2002, and staff recommends approval of the amendment to modify the aisle requirements for parking spaces for persons with disabilities in Chapter 7, Section 7.03.B.8, of The Zoning Ordinance for the Town of Fountain Hills. E:\Drake files\Reports-2002\Text amend-ADA-TC.doc 3 -/-D 3 TOWN OF FOUNTAIN HILLS ® ORDINANCE 2002-05 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE AISLE REQUIREMENTS FOR PARKING SPACES FOR PERSONS WITH DISABILITIES IN CHAPTER 7, SECTION 7.03.B.8, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18. 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the' Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow for a modification of the requirements for parking spaces for persons with disabilities, and such modifications are in conformance with the Federal Americans with Cr Disabilities Act, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 7, Section 7.03.B.8 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on March 27, April 3, and April 10, 2002, and; WHEREAS, Public hearings were advertised in the March 27, April 3, and April 10, 2002 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on April 11, 2002 and by the Fountain Hills Town Council on April 18, 2002. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills, Chapter 7, Section 7.03.B.8, of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double -underlined: Ordinance 2002-05 Page I of 3 19, . stall depth • 7.03 Design and Location of Parking Spaces. B. All Uses Except as Provided Above. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space or shared between two (2) parking spaces for persons with disabilities. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground in addition to blue wheelchair logo being painted on the parking space itself. Edge of curb Disabled Parking person space parking 9' x 19' space 11' x 19' i Disabled person parking space 11' x 19' Aisle 5' x 19' 1 on right side or between two spaces for Persons with Disabilities Ordinance 2002-05 Page 2 of 3 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this day of , 20_. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Director of Administration/Town Clerk APPROVED AS TO FORM: Roy Pederson, Acting Town Manager William E. Farrell, Town Attorney Ordinance 2002-05 Page 3 of 3 April 18, 2002 Statement to be read before the Town Council: For: Mary L. Murphy 15307 E. Palomino Blvd., Fountain Hills Interim Community Development Director Jesse Drake has attested that the proposed changes are in accordance with the Americans with Disabilities Act of 1990. I believe that these changes are not in compliance and have sent a copy to Ellen Katz, Civil Rights Division, Assistant Attorney General to Janet Napolitano, Attorney General, State of Arizona. I further bring to your attention the State of Arizona's notice to the Town of Fountain Hills that the community center is not in compliance with the Americans with Disabilities law, and that there are four other State of Arizona, Civil Rights Division, Americans with Disabilities notices to entities within the Town of Fountain Hills. All actions are brought by the State of Arizona. I am requesting that no action be taken until a response is received from the Civil Rights Division. TOWN of FOUNTAIN HILLS �� } � �• 'PST 0? CommunityDevelopment Department artment bat]sA, " MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Dana Burkhardt, Senior Planner By Jesse Drake, Interim Director of Community Development JP SUBJECT: Case # CFW2001-09 & S2001-32; Cut/Fill Waiver request and "Preliminary Plat for Firerock Parcel C", a 116 unit multi -family condominium subdivision. DATE: April 18, 2002 This is a cut and fill waiver request, and a request for preliminary plat approval, for a 116-unit multi -family subdivision located at the southwest corner of Shea Boulevard and the Firerock maintenance facility access road. Please see the attached staff report for details regarding this request. The Project Manager, Mr. Burkhardt, will be unable to attend this meeting. Jesse Drake, Interim Community Development Director, will be managing this case for the 4/18/02 meeting. If you have any questions, please contact Mrs. Drake at (480) 816-5191. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING REPORT AND STAFF REPORT April 18, 2002 CASE NO.: S2001-032 & CFW 2001-09 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: South side of Shea Blvd. and southwest of Fire Rock Country Club Maintenance Facility Drive, a portion of the Fire Rock Country Club Master Plat; aka Firerock Parcel "C". REQUEST: Consideration of the preliminary plat and a cut/fill waiver for "FireRock Parcel C" multiple family project, a 23.132 acre, 116 unit condominium subdivision. DESCRIPTION: OWNER: Firerock L.L.C. APPLICANT: Craig Waddell, Sydney Developments, LLC EXISTING ZONING: "M-1 PUD" PARCEL SIZE: 23.13 acres SURROUNDING LAND USES AND ZONING: NORTH: Shea Blvd. R.O.W. and single-family residences; zoned "R1-35" SOUTH: Fire Rock Country Club Golf Course, Fairway # 12; zoned "OSR-2" EAST: Effluent Water Storage, Damn #27-1; zoned "OSR-2" WEST: Fire Rock Country Club Golf Course, Fairway # 11; zoned "OSR-2" This request by Craig Waddell, is for approval of the Preliminary Plat and a cut and fill waiver for "Firerock Parcel C" a 116 unit multiple -family condominium subdivision. This project is proposed along the south side of Shea Boulevard, with access taken from the existing Firerock Maintenance Facility access road. The access road will be fully improved as part of the site improvements for this project. The applicant proposes a single access point off the maintenance road that currently intersects with Shea Boulevard. The interior street system consists of a long, looped private roadway serving 88 dwelling units, with an additional looped cul-de-sac road serving 27 units on the north side of the main loop road. An emergency vehicle access road is provided at the northwest corner of the property that will link Shea Boulevard to the cul-de-sac loop. All but one building are located on either of these two looped roads. Building one takes access from the entry road. M The preliminary plat includes a 5' sidewalk on the east side of the maintenance roadway that provides a connection to future Shea Boulevard sidewalk. The sidewalk system within the interior of the project is located on one side of the hillside local street system of this project. The individual condominium units range in size from 1,846 to 3,000 square feet in area. Each will contain a two -car garage and covered patio or balcony. The building heights vary from two and three stories that step down the hillside at the maximum 30-foot height above natural grade. This project includes two amenity areas. Each amenity area includes a swimming pool, hot tub, and ramada. The required amenity parking spaces are located adjacent to the pool areas. Two additional parking spaces are located adjacent to the central mailbox south of building #31, and seven more parking spaces are placedto the mailbox located north of building #49. The cut/fill waiver request is for a number of isolated cuts in excess of ten feet. The majority of the cuts are needed to accommodate the lower level dwelling units. The maximum depth of this waiver is a 20.8-foot cut under building #36. The topography of the property for Parcel "C" is steeply sloping hillside with areas of moderate to severe slopes. Slopes of 10-20% and 20-30% are common throughout the proposed subdivision. This terrain is very challenging to design for the large units that are planned for this site. Staff has found this preliminary plat request in substantial conformance with the Zoning and Subdivision Ordinances with the exception that the maximum number of units on a cul-de- sac built to hillside local roadway standards is 15 units, therefore, this proposal exceeds the limit by twelve units. The secondary emergency access point to .this cul-de-sac from Shea Boulevard mitigates safety concerns for the 27 units. Roadway Analysis: The proposed roadway design is in substantial conformance with the Subdivision Ordinance for the maximum cul-de-sac length and the hillside local road standard width. The cul-de-sac roadway is approximately 950 feet long. Sidewalk Design_ The 5' sidewalks as shown meets the requirement established in the Firerock Area Specific Plan. Parking Requirements: This project is required to provide 232 parking spaces for each unit, and 24 spaces for the amenity areas, for a total of 256 spaces required. The majority of the dwelling units provide room for tandem parking within each unit's driveway. The amenity area parking spaces have been divided between the amenities and also the central mailbox locations. Staff believes the proposed distribution of parking is acceptable. Building Heigh The applicant has designed all but one unit in conformance with the maximum 30' building height, as measured from natural grade. The exception is building #35, which is approximately 2.5 feet above the maximum 30-foot height limit. Staff is requesting that Council stipulate that all structures remain in conformance with the 30 foot height restriction. Errant Golf Balls: Staff has surveyed and analyzed the unit locations and their exposure to the adjacent tee boxes and fairways. The buildings located along the tee box and fairway #11 (buildings 10 through 17) have some chance of being hit by errant golf shots. On a physical survey of the site, several golf balls were found in the area where these units would be located. It is not known over what time period the balls were placed in those locations, or how often other golf balls could have been removed from those locations. Buildings one and two, located along Hole #12, are within 150 to 200 yards of the forward -most tee boxes of that hole. These two units have the highest probability of being struck by errant golf balls. Hole #12 is a par three, approximately 180 yards in length. Staff suggests that the developer orient these units to reduce the exposure of the patios and outdoor areas of these units, and provide adequate landscaping to offer additional protection. The Planning and Zoning Commission stipulated that the developer provide a note on the final plat, acknowledging that these units may be exposed to errant golf shots. Cut Waiver Request: The cut/fill waiver request identifies several sites for building pads, and two primary hilltop locations, in excess of 10 feet. The most noticeable cut will be on the crest of the formation located at the northwest corner of the property. This is the cul-de-sac loop area, approximately 135 feet south of the eastbound Shea Boulevard edge of pavement. The second area is located along the eastern slope, around buildings 46, 48, and 49. This cut will not be as noticeable from the Shea Boulevard right away. All but seven buildings propose cuts greater than 10'. The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. Parcel "C" was designated for 136 multi -family dwelling units in the Firerock Country Club Area Specific Plan. The Area Specific Plan identifies a single access location from the existing maintenance facility road, as this preliminary plat shows. Staff has found this land use and request for subdivision to be in conformance with the Fire Rock Country Club Area Specific Plan. The Planning & Zoning Commission met on April 11, 2002 to review this application and had reservations about the excessive number of units on a cul-de-sac and the high number of cuts and fills areas requested. After a long discussion the Commission voted 4 to 2 to recommended approval. Staff recommends approval of the cut/fill waiver and the "Preliminary Plat of Firerock Parcel C", with the following stipulations: 1) Provide a letter from Firerock LLC permitting the amount of disturbance proposed for this project. Provide a disturbance analysis showing all exempted areas with the grant of disturbance letter. 2) Provide grading contours at two -foot intervals for all roads. The applicant shall also provide grading contours at two -foot intervals for all driveways in excess of a ten percent slope gradient. 3) Revise the retaining walls within the street side setback along the maintenance road not to exceed the 3.5-foot maximum wall height allowed within this setback. 4) Revise building #35 not to exceed the maximum 30 foot building height as measured from natural grade. 5) Prior to final plat approval, the applicant shall provide an analysis and narrative explaining the measures they have taken to protect the residents of buildings 1 & 2 from errant golf ball trajectory. Significant landscaping, including but not limited to, 48 inch box. trees of an approved species shall be provided on the landscape plan to provide additional protection for these units. Developer shall provide a note on the final plat that will state that these units may be exposed to. errant golf balls. 6) Submit complete landscape, irrigation, paving, striping, grading and drainage improvement plans prior to final plat approval. 7) Provide the following items with the final plat: ■ Geotechnical report ■ Revised drainage report ■ Traffic report - addendum letter 8) Shea Blvd improvements for the (maintenance building and Parcel C) road must be installed prior to certificate of occupancy. 9) Provide fire hydrants along Shea Blvd per Town Engineer's requirements. 10) Show 100-year floodplain limits. Add a drainage easement outside of floodplain line 20' wide. 11) Place/locate Buildings 12, 13, and 14 according to State Standard 5-96 ADWR. Place the buildings a distance (equal to the square root of the wash 100-year flow) from the top of bank or Qloo water surface elevation (whichever is more restrictive). 12) Provide Shea Blvd frontage slope easements per Town exhibit. 13) Provide and show limits of roadway slope easements along Shea Blvd and Parcel C access road. 14) Provide slope and drainage easements along the access road. 15) Widen the roadway entrance and gate areas to 20'. 16) Modify the road entrance to the minor collector road standard. 17) "T" type turnaround between Bldg 40 and Bldg 41 is required to be 16' wide, only shown as 12' wide. 18) The turnaround between building #40 and building #41 should be marked as "Fire Lane — No Parking" with signage or red curb per Ordinance. TnWty' OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT MW RELIMINAR-YPEAT APPLICATION•, Date Filed 1 Fee Paid �� Accepted Plat Name/Number / X Parcel Size Number of Tracts 2 Zoning General Plan Land Use Designation i"'I L'r1 Density Requested (Dwelling Units Per Acre) Applicant d, 1-pta c��,�dd�ci Day Phone SYDNE'y pe--I/EL� r'ir?�,�.tJ (.� C— -,. �� Address Z/ Z` �- �- rs Jr City ST Zip Owner Day Phone Y11L7 e_--r�c1�Z 4sc; Address City ST Zip l-55, Attachments (Please list) /,,ov I _•u r f° C! L L f�L„r�•� � �jL �h . /t T. f �ii.ls . C l 1.� L G�.c C-. �s�`t—zi.�l, % �.LJ Signature of Owner I HERBY AUTHORIZE (Please Print) Date f rI�-?cx c Lc B- I ILL^ A;9ceece TO FILE THIS APPLICATION. Lc.C_ Subscrib and sworn before/ me this day of i%Lin-�%Y1 1 G�1 ommi Notary Public BONNIE WEDO NOTARY PUBLIC,ARWO MARICOFlk COUNTY M Comm. E*kft ,Max 14, 2005 Seal TFH Case Number Fee Schedule Attached Z D f: 1} 2_ n A �,.:•:.... O O m L•�' D p� Z m x y "T1 O Ti C T •, r#��{?` - I'm j no D D Z rrn-- o m > to "cp=D m0 D Z m no r- D Z 0 o x p r O D N D N �1 i Z ;,•. N > Ci (.•' O <Z Dm Zz m C) m v O r� D ZD N ~ m :< _> m N p z O_ D D Z n er Kw - 8 71 sn C) i..fr - �.d y g' ?��SP�:� o� • C ♦ � OY� MH .. i m o_ rd UPI a N ruvas w.¢ �1 O c Z D 4� `4y Z 2 4% N P d m a D N �m 0 7 OR TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid C Accepted By Subdivision Name Subdivider/Developer (Owner or Rep. Name) (Firm Name) Address _ Day Phone �� l Z C:� f-, �' ¢z mac; r, - �� 4 � . / � G. c, City � ST Zip /� 2 Planner/Engineer i/'w—/ G CN (Planner/Engineer Name) (Firm Name) Address/ Day Phone fly /V /i%iZ J 1Y S .—c= 12 City ST Zip Parcel Size (in acres) � —Number(s) Number of_i-erts ) Affected Z3. 13 Proposed i��= Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet) 24 I l- �11 / [Please include the following (attach additional sheets): . A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum <<' If application is being filed by an agent of the owner, please complete the following shaded section. RBY Signature of Owner a ` HEAUTHORIZ Please Pnrn) Date ` O � s ,li TO FILE THIS APPLICATION'TzY Subscribed and sworn before me this da of IMif%n ires l''7`1' p �✓` Notary Public NoGtW ONA n.. l:omm,:l itp>fes dune N, 2�8" - Seal Fee: $300 TFH Case Number CUT AND FILL WAIVER APPLICATION NARRATIVE OF EXPLANATION PARCEL C, FIRE ROCK COUNTRY CLUB As shown on the attached waiver application, sixty-four of the units we are planning for Fire Rock Parcel C will require either excess cuts or excess fills that exceed the ten -foot limitation. The slope of the terrain on Parcel C is such that when our roads and driveways are designed within normal guidelines, we have little choice but to have the excess cut and fills for our living units. However, we have made an extraordinary effort to minimize the effects of this situation, and we believe we have created a plan that is very appealing. The excess cuts and fills that occur at these units are absorbed within the structure and should not create any negative visual impact. In fact, we have been able to stay within the thirty-foot height limit on all but one unit, and I think you will agree that even that one unit could be shown to meet the spirit of the height guideline. The design of the units was created to step down with the slope creating an architectural appeal that works in harmony with the land. The units have been laid out in a somewhat random pattern to breakup long runs of buildings and to take advantage of the views. This community design reduces the total number of units from the allowed 136 units down to 116 units allowing for a more open feeling. G:\FireRock\Parcel C\frcrostr-exhibit.dwg, 3/11/2002 4:52:15 PM, HP Laser4LIv pa VI it t �, /� .•ir_ : � /` J1 � J Nzi f' s !�/' " " l� r' ._ + � is • •p•�`,1 + r � ' '', 1 f ••Ji: `'�n/+ � i +�._ IJ � `'�' /r � rl 11 J, j — �/t,! I � `t ' •• +y ' 1 , ' iI �� I � '' y r ' t t � �I f r l l cr r + �i.�l •r 1, + II .tl, r, f ,I t,i � � , f- ::+ '++ i t,}; . • � yj� J +. 1 \r li • t 1 t ' f rr� r J o t i �'. ��.. j� ri i �I! Ir t i!• 1�1r ' l , � + , f- � '/. .• `/r yr. % �+Y', ' vr' ''ST Yr ; 5 y .. y•, •`�•. y ... , /' J,' ' t ,r . : t r• NX ij CL cn w. at C_r MEMORANDUM DATE April 3, 2002 TO: The Honorable Mayor and Town Council FROM: James B. Willers, Community Center Director THROUGH: Roy Pederson, Acting Town Manager SUBJECT: March Activity Report for the Fountain Hills Community Center. For Council's information, please find the March Activity Report for the Fountain Hills Community Center. The report details, by date, the different activities, attendance and fees collected for rent, miscellaneous charges, food commissions, and liquor sales. Amounts shown are those charged for the event and may not necessarily have been collected in total by the end of the month. March was not a bad month with over 170 activities, however it was a very good month with $13,000 in revenues, an increase of $ 1,500 over the previous month. Most of the increase was due to the Native American Art Show and Sale, which was an excellent commercial venture for us. It's good to see that type of business develop, especially with the positive comments from the vendors. We are going to try and capitalize on this success and attract other shows. I mentioned this to you before, but the wedding reception business is really good. Our goal is to make each one an exceptional experience for the bride and groom as positive word of mouth comments are worth their weight in "future rentals." The Friday noon music series, "Munch and Music" had its last performance to a great and enthusiastic crowd. I would like to see more of this in the Center as it really adds to the attraction of Fountain Hills. Kudos are due to Evelyn Breting and her outstanding group of volunteers who made all this happen as well as to Raymond Rees, our Operations Supervisor who was there for all the last minute changes and set-up requests. Appreciation also goes to Walt Franklin for his terrific job with the art displays. Again, it's another opportunity to enjoy being in Fountain Hills. In addition to the Monthly Report, you will find the Monthly Fee Usage Analysis. This report is done to note the revenues generated in each room compared to a Nft. potential rental of 40 hours per week per room. This information is used in our meetings with the Advisory Commission to discuss revenues per room and the percentage of potential use. Free space is noted with the monetary value of that free rent based upon the residential rate schedule. The total amounts match the figures from the Monthly Activity Report. March's summary is as follows: Activities — 171 with 36 being Parks and Rec functions, YTD 895 (211 — Parks); attendance — 8,737; YTD 41,224; space rent - $9,290 YTD $34,031; misc. fees - $430, YTD $2,439; food — $399, YTD $3,931; liquor - $2,907 YTD $30,035; total revenues-$13,001 YTD $70,411. C �J FOUNTAIN HILLS COMMUNITY CENTER 11%r- MONTHLY FEE USAGE ANALYSIS MARCH 2O02 ROOM — The specific room as identified. MAX RENT — I = Non-profit/Resident; II = Non-Resident/Commercial. Monthly rates are figured at Monday through Friday from 8 am to 5 pm. Meeting room rates are based upon three usages or 9 hours per day using 22 days per month. Ballroom usage is figured at one usage per day. BILLED — Amount of revenue received for each room during the month. Free denotes the number of uses multiplied by the non-profit rate when used by Town or Town sponsored events, Parks and Recreation or, in the case of the Conference Room, board meetings for regular tenants. YTD REVENUES received per room year to date. Free denotes revenues if there were charges at the non-profit rate. BILLED — Revenues generated monthly (or lost if free) compared to as a % of potential for each room by Category I, II or Free. ® ROOM MAX RENT I II Conf. Rm. 990 1320 Kids' 990 1320 Class 1 990 1320 Class 2 990 1320 Seminar 1 990 1320 Seminar 2 990 1320 Art 1 990 1320 Art 2 990 1320 Total 7920 10560 Ballrms 13200 19800 Total 21,120 30,360 BILLED YTD REVENUE % BILLED 1 II Free 1 II Free 1 II 225 160 13 @ 15 = 195 830 840 1110 28 12 75 0 0 405 0 0 8 0 185 685 16 @ 15 = 240 1070 1445 960 19 52 210 400 3 @ 15 = 45 1120 815 945 135 265 7 @ 15 = 105 540 805 615 45 0 16 @ 15 = 240 265 800 660 60 340 0@15 = 0 120 430 225 0 340 2 @ 15 = 30 0 420 30 935 2190 37/855 4350 5555 3690 3065 3100 11/1650 19511 4615 18150 4000 5290 48/4980 23861 10170 403/25170 21 14 5 6 0 30 20 0 26 26 Free 20 0 24 5 11 24 23 3 23 16 13 11 -� 0 0 0 0 0 0 0 0 0 00 O (n 0 0 (n go u-) 0 0 0 (n O cn 4 ui (O 0 0 0 0 0 0 0 (li EA 69 EA (n fA 69 (o 69 64 (o V (D v) EA r 63 64 T 69 64 69 63 r N r r (0 60;� 1- EA 63 69 6% N 63 r 00 69 69 69 691 69 60 61# 6q 69 69 6% 00 69 r O O 06 M IL :LO m O U) 00 I� 0 (o o rn rn o r 0 0 69 69 LL O U y� N O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CV 0 0 0 0 0 0 0 0 0 0 0 U) Sri 0 0 Sri 0 0 0 m 0 m m m m 0 0 0 0 0 0 0 LO 0 z 69 69 63 6-Z 63 613, 0 60 Eck O tt 69 O 69 EA 69 EA 69 69 69 69 613 r 69 69 69 vi l0 63 69 In 69 69 69 69 Efl 69 60)C W 69 � U oC (C� G W O to (� ('M (D O O (o r O 0 M 00 00 CV) 0 (o O CO N r m r N 0 w m m O r- r N m� r w CD CD N 0(D m N O Z co co � a O o Q w N a � >+ L z E E E E E O 0 N od O O O O o C\jm C\lm m m __ r CC i v N E T E E N E E E v N N E .- r U U N U Err M E M E E E( r) N Qi O E O E O o E O E O O L O E N N N O E O O E 0 O 0 O 0 O E c0 +r J O O O V) T m C p O 0` cn 0 (� 0 O 0 (!) 0 O 0 (A W c0 ,C m C o c0 ,C 0 o w w ca C 0 O y cC ,C RS C O O U) O o 0 (q cq d o o ,C .0- ro (UO � o � ca p N r ca ca cU6 (NO m cN6 .2, O 0) 0) O O ca o 0 0) o O o 0) �a � (_NC ca U mUJQ(nQmUUm0mUYU(n(nU(nmC)GU) (ncnmUmUUUUm(n >ca r r r r r c a CC C ' y U 0 C O U co 0000 O 2 i V i N 7 Q 0)r Cn U ct� U U U E� p> 0 >0O E E� C C O r •C y O m Q 0) (a a O (n z 0 0 O E E E E F p y a 0 0 0 w E W U cu (a O C o) C U E E E E F- 0 '0 N O p � W •N ,U C O U E 0, x.0 — 9 i 0 U 0 U 0 U 0 U N (D C 0 fa 0..0 -O .0 >' C «. ca m (a W Y C O Q1 >, r >, C O Q) L Cl) 0) > g 7 ¢ 7 W E E cq o N o E cn ._ (n m 7 m• U V `' a� > a 0 c0 C .0 L 0 o 0 m r o2f E E i E E F- o F- U o o Y ca Y ca Y ca Y ca F- >, 0 U 0) p) o a� U m O y E O) m m co m a c` a c`o (� y o x F- Q m U U _ LL_ U L O O L d 0 Ca .c .V -C •� CD •° Q Y co 3 �' C 0 O y V af0i a) r x C[ x a °o 'c Q>>>� 0 c 0oi 'cm n as c •� a co m -o rn o o Q- m ca g o a o o 0 o w o o o o? 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O O FQ- OItat O M h O Ln N O LA Ln O N N co cc O M Q O r O C� N h O fR N M 69 EA r Ln LD co co LG CC r O O O M M M Ln O U. CM M 69 w LO O n U N c N r00i TrO v �2 N N Vi 69 O O O H T at CM Z N h O cc w N M w fA LL U Cl)co N Z rn et N Q co N r 0 M �P Z W Q h N co co Z O F Q U O J OfC1CD Lc) T vy ti T (L M r N F- Z W W N J Q F- LLJ 0 W F- ~ Q = � � F- O aO Q Q = O 0 J W Q C 0 a 0 N O O N 14, ARIZONA DEPARTNIENT, QF' 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 CERTIFICATION OF C'C1'I K1TiD1R1_6O@VL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY. DOCUMENT IS COMPUTER 5CANNFn NCF nn oaiNT Vuru al Ary Ime ... . ....... ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION (o C) /,j5'%�1� Individual Name (Print) Individual Signature TYPE OF TRAINING COMPLETED L� ' BASIC �ON SALE Date raining Completed ❑ MANAGEMENT ❑ OFF SALE ❑ BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: h ze T��//4;;-jQ NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Robert Scalzi Compan or Individual Name 6626 E. Morntng Vista Lane Address Scottsdale, Az. 85262 480-563-7800 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). Robert Scalzi Trainer Name (Print) Traj90 Sig tur Date Trainer aive oric3inal of com leted form to trainee, Photocoov and maintain com feted document for vour records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-1 12(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licenseelagent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. Lic 1021 0111999 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 . (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting. 4-5-02 Date of Posting Removal: 5-2-02 Applicant Name: Martucci Iasi Robert First William Middle Business Address: 16872 E. Ave. of the- Fountains #104-105 Fountain Hills, AZ 85268 Street City Zip License #: 12075168 I hereby certify that pursuant to A.R.S. 9 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Cassie B. Hansen Town Clerk/Dir of Administrat;nn 480/837-2003 Print Name of City/County Official Tide Telephone # 11 Signanue �-3-OJ— Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other ' related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 UoO119 03n999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 400 W Congress #150 Tucson AZ 85701-1352 (602) 542-5141 OL (520) 628-6595 CERTIFICATION OF 'EDFALC&PL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY. DOCUMFNT IS CnmP1 nr'FR CcANIVPn T/DG r)O DOIAIT I- of w ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION Gj, A-14,"-_ �J(j CG i Individual Name (Pant) Individual Signature TYPE OF TRAINING COMPLETED - U ';L ❑ BASIC �ON SALE ate Training Completed ❑ MANAGEMENT ❑ OFF SALE BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: 1zi s��- 1;X1,414 a NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Robert Scalzi 662�fP&1oorrnItQn"�i iston Lane Address Scottsdale, Az. 85262 480-563-7800 City State Zip Phone Certify the above named individual has successfully completed the specified program(s). Robert Scalzi Trainer Name (Print) Trafner S(gilatdM Date Trainer give original of co pleted form to trainee, photocopV and maintain completed document for Vour records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The persons) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), ficenseetagent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. fir. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 0111%9 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTb1ENT,,PIF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #130 Phoenix AZ 85007-2934 Tucson AZ- 85701-1352 (602) 542-5141 - QUESTIONNAIRE (520) 628-6595 SOCIAL SECURITY AND BIRTHDATE 1OWMATION IS CONFIDENTIAL BY LAW AND CANNOT B EAD S. Wa THE PUBLIC Read Carefully , this -9 q r ,im An extensive investigation of y krti>nd'1t in criminal rosecu n Pf,11 deninl,,q ,,$ub TO BE COMPLETED BY EACH OWNER, AGENT, � 'OC 0 E'R d COMPLETING THIS FORM MUST SUBMIT AN " PL T MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENC A ] DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each tin erprint card submitted A service fee of $25.M will be charged for all dishonored checks (A.R.S. 44.6352) [ y print with black ink F e TER, omplete answers could result tolicense or permit. )Rli, OFFICER OR MANAGER. ALSO EACH PERSON W bE OBTAINED AT THE DEPT. FINGERPRINTING i,Sf. EOVED BY THE DEPARTMENT OF LIQUOR. THE Liquor License # If the location is currently licensed) 1. Check ❑Owner ❑Partner []Stockholder ❑Member ❑Ofilcer ❑ Agen ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—� Licensee or Agent must complete # 25 for a Nana er Licensee or A ent must tom lete # 25 2. Name: �-Cj d fr 0tyS(/fNz jj �%j/iW, /r Date of Birth: Last Fast Middle (Phis Will Not Become a Part of Public Reeords) 3 . Social Security Number: Drivers License #: State: ('This Will Not Become a Part of Public Records) 4 . Place of Birth: Height: Weight: Eyes: Hair: City state Country (not county) 5. Marital Status ❑ Single ❑ Married [].Divorced ❑ Widowed Residence (Home) Phone: ( ) 6. Name of Current or Most Recent Spouse: Date of Birth: rJ (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden C7. You are a bona fide resident of what state? If Arizona, date of residency: — 8 Telephone number to contact you during business hours for any questions regarding this document. ( ) 9. If you have been a resident.less than three (3) months, submit a copy of driver's license or voter registration card. a� 10. Name of Licensed Premises: Premises Phone: ( ) '4- 11. Licensed Premises Address: Street Address (Do not use PO Box k) City County 12. List our em to ment or a of business durinc, the ast five (5) ears if unem l d f h Y Zip .FROM Month/Year TO Month/Year DE5CRIDE POSITION OR BUSINESS o e aR o t e time, list those dates. List most recent 1st. EMPLOYER'S NAME OR NAN E OF BUS SS (Give street address, city, state & zip) 3 CURRENT C Job d Cry: Chi %^ %[l/// J-,4 i �l ,S 4 G1r/,y sT sc�, 16 ��.5._ � -�� ry,��. �. ✓/f�i ✓�,Y�. s- 3 y 3 �� � � _ CSCcLL /��l o__ _ _ ri\ ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION � 13. Indicate your residence address for the last five (5) cars: FROM Month/Year TO Month/Year RESIDENCE So-eet Address State Zio CURRENT �7�.1a /�7O 3%5/, ���x %�- /Cicy /JOCIY/X /�z• �SU 'y ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor r- 400 W Congress #150 Phoenix AZ 85007-2934 �' Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 ition all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to law enforcement agencies for the purpose tf ta[J�ound checks only but must be blocked to be unreadable prior to posting r any public view. Read Cargfully , tFt�rt�t,�}�,tile t is sw� document. Type Qr print with black ink An extenstye Inyetttton u �C of v41 onducted. Falsg or u cognplete answers could result m criminal prosecution an t ni• r Sequent revocation o a cerise or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted Liquor License # __ /;d 7'i',6 5`2 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box—, Owner ❑Partner ❑Stockholder ['Member ❑Officer ❑ Agent ❑ Manager(Only) Fj Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 fora Mana er Licensee or A ent must complete # 25 2. Name: L (= /)i C C /2 1 i evNS 1//) n -2!4 Date of Birth: /-2 -3 -3-3 Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number. Drivers License #: %� i3//�i'6 �°,i— State: Z Oplace (Phis Will Not Become a Part of Public Records) of Birth: L Yi p gh WeiHei t: -5 " / t: /.20 E es: Hair:/I o Weight: Y � City State Count not county) 5. Marital Status ❑ Single ❑ Married [ Divorced ❑ Residence (Home) Phone: (olO) ) 1/�- Q5-0 7 Name of Current or Most Recent Spouse: ,%/uo� C-, d Date of Birth: all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7 You are a bona fide resident of what state? Y �- (/j /t/ If Arizona, date of residency_: e!� -J'fQ 8' Telephone number to contact you during business hours for any questions regarding this document. (t% V) '�-36 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. IN0 C 10. Name of Licensed Premises: \ ���/`/ L 1 fi L /-4 rr 41, Premises Phone: 9/?w 11. Licensed Premises Address: %Z 1%a d%/1e�;���/NS Street Address (Do not use PO Box #) City County Zip 1 . ist your'employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent s . FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EbIPLO USINESS a street adds , city,;. state &zip) Q CURRENT —- �S 1Go ATTA('H AT)nTTTnNAT_.QNFFT TP NFr FCCARV Pr)p FTTFIFR zprrTflN 4 4 01 �V-I 1 Indicate your residence address for the last five (5) years: OM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, addressphone number of landlord City State Zip CURRENT hand T v y A(L t 1 /'YO '/6) 1, L .� rrL= /�Cv A Fr :s 3 1 1 Disabled individuals re uidng s ial Comm honsle.,-- — � - MA 04'5 Sd //yA0 _ If you checked the Manager box on the front of this form skit) to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, e physically present and operating rKYES NO the licensed premises ? If you answered YES, how many hrs ��, answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Trainingwithin the last 5 years? (Must provide proof] Eg YES ❑ NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an e. license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES A ordinance (regardless of the disposition even if dismissed or expungeoL Fortraf{zc violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, flned, posted bond bee>fWde6EMte- o ' b '1 ' erisoned, had sentence ❑ YES 010 suspended, placed on probation or parole for violation of ANY law, or or inan' (V4ardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES XNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES ;(NO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or ned in this or any other state? 19, Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which ❑ YES XNO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other l� license in this or any other state? ❑YES NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details..', Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section ve yobattended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ❑Iv If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, C d /✓STD 41 Z 4 4 Z—FA6 Ic-,e �/ycE�l` , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. St f / / ate of ,AL �y 1�County of A&,U0 (C)0A- X �Bsfaz� e v M M ?� The foregoing instrument .was acknowledged before me this (Signature of Applicant) . day of ((� +� OFFICIAL SEAL Day of Moo Mont _Y�: SA 1 MARICOPA CODE Mont Month Year (Sign1t6weof NOTARY PUBLIC) IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name): Last Middle Hereby authorize the applicant to act as manager for the named liquor license. X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year First State of I County of The foregoing instrument was acknowledged before me do day of Day of Mont Mont Year (Signature of NOTARY PUBLIC) If you checked the Mananer box on the front of this form skin to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Of - r, will you -be physically present and operating the licensed premises ? If you answered YES, how m rs/day? answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law T within the last 5 years? (Must provide proof) If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an ex C)Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged . r kaf fc violations include only those that were alcohol and/or drug related. 16. Have you EVER been convicted flned, posted bond been kgWrdPa deyoskail,imprisoned, had sentence suspended, placed on probation or parole for violation of ANY law or &dAalnc rQgdless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug relatE 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iudgment against you in a civil action, the subject of which involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other l�uor license in this or any other state?. YES LJNO YES ❑ NO ig license. ES ❑ NO ❑ YES ❑ N07— - ❑ YES ID/NO ❑ YES M NO ❑ YES 0 ❑ YES INO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) WES [:]NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES Ig NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating t the operation or management of this business? ❑ YESi NO If "yes", attach a copy of such agreement 24. I, 'IT06Er 1 �' � /e- TUC C � , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. State of �/ z p///� County of /yj��('/(� C)/". The foregoing instrument was acknowledged before me this (Signature of Applicant) `�j day of d4ez Day of oath mouth Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT P G AMA ikawZP'LT Licensee or A ent Approval of Man KATHLEEN M. WALL Notary Public - State of Arizona 25. I, (Print Licensee/Agent's Name Last Middle My Comm. Expi!t '_ i�a•N,�6dl4IJHA'MN/i�NIII�.H�R/.6/d�l Hereby authorize the applicant to act as manager for the named liquor license. FI (Signature of LICENSEE/AGENT) State of County of The foregoing instrument was acknowledged before me this day of Day of Mouth Mouth Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) 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 011 F R T I (')N N A I R F (520) 628-6595 Attention all Local Governing Bodies: Social�rJJ'��YY and Birthdate Information is Confidential. This information may be give local law enforcement agencies for the purpotf�l�ckground checks only but must be blocked to be unreadable prior to posting or any public view. Read Carefully (�}� t� e s s docu ent. Type qr print with black ink An extensive inye�ttgah "3f ' b ro1rtft �e con�ucted. False or u cogglete answers could result m criminal prosecution an t e em or subsequent revocation o a c rise or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. / r� _There is a $24.00 processing fee for each fingerprint card submitted Liquor License # _1 �© / �p� 0 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check Owner ❑Partner ❑Stockholder Member ❑Officer ❑ Agent f Manager(Only) appropriate M Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box-00.. Licensee or A ent must complete # 25 for a Mana er / Licensee or A ent must complete # 25 2. Name: fJg4 uCC-1 ' / bC- � /G�lfl/,4 re, Date of Birth: ! 0— --Y7,37 Last First Middle CI'bis Will Not Become a Part of Public Records) 3 . Social Security Number. Drivers License #: /3 // 8'83ay;l- (This Will Not Become a Part of Public Records) GPlace of Birth: 2yX" C0__z l/'� Height: City V State Ount not county) 5. Marital Status � �ingle ❑ Married ❑Divorced ❑ Widowed State: 4L 5 f( Weight: /&"r Eyes: & Hair: /3-e- Residence (Home) Phone: (Go ) P- S.? - a 7/3 6. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? �j %�� oNi¢ If Arizona, date of residency: l Y 7J 8 Telephone number to contact you during business hours for any questions regarding this document. (4,ko ) Fl3 6 - F, F" 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: L. 1,4Z-1q ^e4 Premises Phone: k3 G - ?91" 11. Licensed Premises Address: 16 KZ_7 �U i✓ CIF 7 hc- U C' �`� �A/ n-S F0 �_4 j r. � //S 1*04a/ C,,151a ;?,5.) Gg Street Address (Do not use PO Box #) City County Zip 12 List your employment or type of business during the past five (5) years if unemployed part of the time list those dates List most recent 1st FROM Month/Year TO onth/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF SS (Give street address, city, state zip) (71- c�Urvl C/arJ/A//"i �cu//sdL�� wFi✓vt�Hz� Qd'� S,� f,.�� 7v � -5A.Y fir' �i� s� 73 iY� //SIL Ph ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years S3 2114; 3zN; S X21 70�3 FROM Month/Year TO -Rent Month/Year or Own RESIDENCE Street Address If rented, attach additibnal sheet giving name, address and phone number of landlord City State Zip 9 7S CURRENT Cl�"l 7_Y5_ 0 7 W- c y .-C'f•-SS S -T ,�� //1Z ,pcw, Fit, n1flT-TN7TM1 wwviuuais requiring special accommoaations please can (602) 542-9027 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W ConTess #150 • Phoenix AZ 85007-2934 D Tucson AZ. 85701-1352 (602) 542-5141 (520) 628-6595 7111117 ADD CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCU161ENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION /If10.%j/�.c U Li Individual Name (Pn6t) Individual Signature TYPE OF TRAINING COMPLETED .BASIC ,Q�ON SALE Date raining Competed ❑ MANAGEMENT ❑ OFF SALE ❑ BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Robert Scalzi Companv or Individual Name 6626 E. Morning Vista Lane Address Scottsdale, Az. 85262 480-563-7800 - City State Zip Phone Certify the above named individual has successfully completed the specified program(s). Robert Scalzi Trainer Name (Print) Traffier S?,lure/ Date Trainer qive on final of compled form to trainee hotoco and maintain completed document for Vour records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-1 12(G)(2)_ Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee(agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. 1 J LIC 1021 0111999 Disabled individuals requiring special accommodations please call (602) 542-9051 If you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or OfficerOda physically present and operating YES NO the licensed premises ? If you answered YES, how many hrsanswer #14a below. If NO, skip to #1514a. Have you attended a Department approved Liquor Law Traithin the last5 years?(Must provide proof) YES ❑ NO If the answer to # 14a is "NO", course must be completed nce of a new license or approval on an existing license. ,. Have you EVER been detained, cited, arrested, indicted or summoned into courtYk L-Cation of ANY law or ❑ YES .XNO ordinance (regardless of the disposition even if dismissed or expunged)? for Ira c violations include only those that were alcohol and/or drug related. 1 APR _ 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES 1XN0 suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES' NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YESNO had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER 17led suit or obtained a iudVnent against you in a civil action, the subject of which ❑ YES �(NO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES)I NO If any answer to Questions IS through 20 is "YES" YOU MUST attach a s_gned statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, till in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Section Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ONO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, /Ar--r- 9S M /n 6 Y- 0t-A , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. �_ State of County of 9WI � UM— X The foregoing instrument was acknowledged before me this OFFI(WIAL tureofA licant) -CHRISTINNA. M. FLYNN �� day of i/c L NOTARY PUBLIC-ARIZONA Day of M th Moan Year MARICOPA COUNTY '," M 15 D-� 4,4 S5 -AL Da of Month Month Year (Si1rmftA of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name)• Last Middle Hereby authorize the applicant to act as manager for the named liquor license. X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year State of First County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 850070 -2934 Tucson AZ 85701-1352 (602) 542-5141 n 111= Q TI n AI AI A 1 D G (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be give local law enforcement agencies for the purpose of background che�."+gs but must be blocked to be unreadable prior to posting or any pub i Kea¢ Uargfulty , tis inst u ent is a sw docu entt T� pr print with black ink An extensiye inye�ti tion oil ypur Marc =rottngn ct t co Mete answers could result m crumn prosecution an tWIe dens eq nt revocation o a he nse or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted G Liquor License # =7 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check QOwner [:]Partner ❑Stockholder Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—, Licensee or A ent must corn lete # 25 for a Manager Licensee or Agent mir;t romnletf, u 2.5 2. Name: /)I e r C, Last e Date of Birth: 3 — /e—,5"`d ile (This Will Not Become a Part of Public Records) 3 . Social Security Number: C7S-_ •ya —071 !!K Drivers License #: /3 '16 F 03 V State: /9 2- (This Will Not Become a Part of Public Records) -lace of Birth: Height: S Weight: Eyes:#f2e•c Hair: (3rlan City Stat�1, county) 5. Marital Status ❑Single ❑Married ivorcResidence (Home) Phone: O 6. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? If Arizona, date of residency: 9 9S Z /h'Ci First 8 Telephone number to contact you during business hours for any questions regarding this document. (00 ) .006 .-,3 (?OD � 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 1 10. Name of Licensed Premises: \ �t t`- Z-' Pq Ll ✓1 /"i4 �� Premises Phone: (�1TO �36- %eaa 11: icensed Premises Address: ����� vY0 - qt` Fo 7',v/,y 751,,,/ l Street Address (Do not use PO Box l) City County Zip 2 p i r S 1 List your employment or type of business during the past five (5) years if unemployed part of the time list those dates List FROM TO DESCRIBE POSITION 1.mos recen s . EWLO ' NAME OR NAME OF BUSINESS Montb/Year Month/Year OR BUSINESS (Give street address ci state & zi 0 / 6 / -NT��� Cat � � f� ` Sti � � U �Co 3 tV L� I h :3aLo cvE cLL ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q "^j(l� , ` 13. Indicate vour res., residency ndrlrace fnr th. 1—t fo /Gl 65,W3 FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented,, attach additional sheet giving name, address and of landlord City State Zi 9 CURRENT 7phone ennumber p jqq6, l99 �IV go10 - — -s,ca— 13 LIC I ,o ..yu.....s SI—C.— i=.Cube cull tOVLJ J4L-yuL/ 1.1Y FO 94-- 0 DLLC 1001 APR - 2 p_ 4+ o 0 ARIZONA DEPARTIvLENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #130 Phoenix AZ 85007-2934 Tucson AZ- 85701-1352 (602) 542-5141 QU ESTI®L6l RE (520) 628-6595 SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL �By LAW AND CANNOT BE DISS(='i�iflf RFP H UBLIC Read Carefully , this instrument is s r 42curnent. Type or print with black ink An extensive investigation of your backgro Il c F Ise or incomplete answers could result in criminal prosecution and the ,, as bse e e ti li e e or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, i 12EtC'O o' 0 ER, e R MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' FEtP a B ED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AG C f GE `IC DEPARTMENT DOES NOT PROVIDE THIS SERVICE. tY THE DEPARTMENT OF LIQUOR. THE There is a $24.00 processing fee for each fingerprint card submitted. 9por icense A service fee of j25.Qo will be charged for all dishonored checks (A.R.S. 44.6S52) J If the location is currently licensed) 1. Check ❑Otivner []Partner []Stockholder ❑Member ❑Ofticer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 Sc 24) Complete All Questions except # 14, 14a & 25) box—* Licensee or Agent must com lete a 25 for a Manager Licensee or A ent must complete # 25 2. Name: "LDate of Birth: Last First Middle (This Will Not Become a Part of Public Re(:ords) 3 . Social Security Number: Drivers License #: State: (This Will Not Become a Part of Public Records) 4 Place of Birth: Height: Weight: Eyes: Hair: City State COUntrY (not county) 5. Marital Status ❑ Single ❑ Married [].Divorced ❑ Widowed Residence (Home) Phone: ( ) 6. Name of Current or Most Recent Spouse:. (List all for last.5 years - Use additional sheet if necessary)Date of Birth: Last First Middle Maiden 7. You are a bona fide resident of what state? If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Premises Phone: 11. Licensed Premises Address: 12. List your em to ment or FROM TO MondVYear Month/Year 16°,c CURRENT - 9-0" I /0 Street Address (Do not use PO Box #) of business during the past five (5) years, if unem DESCRIBE POSITION OR BUSINESS /1fs { L71-L5 d, f /Y C1 c-f �ifarthAlie i City County Zip to ed part of the time, list those dates. List most recent 1st. ENIPLOYER'S NAME OR NANLE OF BUSINESS (Give street address, city, state & zip) oxs//`r o ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vnnr reciriPnr• „iti,— F- .�.- 1__. FROM Month/Year TO MondVYear RESIDENCE StzectAddress CUR -RE NT 4 5 - 1�75- 170':� 7- /yG� �- /yo 907t� /-� x& 741 _j-C4Z, I Y-5 ;!,6J ),ate Z� /52 42 g'S 3 ---� " —y,...,us Jt-- :,Lcommooauoas please call Veal Marsala with assorted vegetables....................................$8.95 Veal scaloppini sauteed in a marsala wine sauce with mushrooms served with assorted vegetables Linguini with fresh clams .................................................. $19.95 In your choice of red or white sauce DLL C Mussels and calamari fra diavola wit atti ......................... $19.95 Fresh mussels and calamari saut >� ed a�,sp� ra�atfst'rded on a bed of spaghetti Chicken Bocconcini with Fusilli al Pomodoro...........................$15.95 Strips of chicken sauteed in burgandy wine sauce with black olives, mushrooms, artichoke hearts and onions served with assorted vegetables Spaghetti Romantica with Shrimp...........................................$18.95 Shrimp sauteed in brandy served in a creamy tomato sauce with shallots served on a bed of spaghetti Red Snapper Mare Chiaro with Linguine .....................................................................................$18.95 Fresh filet of red snapper in a tangy white wine tomato sauce with red onions, shallots and capers served with linguine Veal Francese with Fusilli al Pomodoro................................$18.95 Veal scaloppine sauteed in a lemon butter sauce with mushrooms, capers and artichoke hearts served with assorted vegetables Chicken Al Momento with Spaghetti ..................................................................................$16.95 Strips of chicken sauteed in a fresh tomato sauce with bell peppers, onions, mushrooms black olives served on a bed of spaghetti Fettuccine Mare E Monti with Shrimp ...................................................................................$18.95 Fettuccine in a creamy cognac sauce with shrimp and wild mushroom Salmone Rosato with Mixed Vegetables ...................................................................................$19.95 Fresh Filet of salmon sauteed in a lemon butter piccata sauce with capers served with vegetables Linguine Del Marinaio.....................................................$22.95 Fresh clams, mussels, calamari and shrimp sauteed in a light tomato sauce served on bed of linguine Spaghetti Bolognese..........................................................$12.95 Spaghetti with our homemade meat sauce New York Steak with Sauteed Mixed Vegetables ...................................................................................$19.95 Topped with wild mushroom Barolo wine sauce Chicken Imperiale with Mixed Vegetables ............................... $17.95 Our Chef s creation! Lightly breaded breast of chicken stuffed with fresh crab meat, baby shrimp and topped with a light mushroom sauce sauteed mixed vegetables Appetizers Homemade Ravioli Alla Nina Or Gnocchi...............................$7.95 Ricotta cheese and spinach filled ravioli sauteed in a touch of cream topped with a fresh tomato sauce MozzarellaCaprese.................... ...L. C............................... $6.95 Fresh sliced homemade mozzarella with tomatoes, basil and olive oil Mussels Maranara..............20020. -..2...P. 4:...0 ....................... $10.95 Fresh mussels sauteed in your choice of a white wine garlic sauce or a tomato marinara sauce Escargot......................................................................... $7.95 Escargot in spinach garlic butter Antipasto for two.............................................................. $13.95 Ask your server for details Proscuitto E Melone...........................................................$9.95 Slices of cantaloupe topped with Italian proscuitto Carpaccio........................................................................ $8.95 Thinly sliced raw filet mignon topped with diced tomatoes, capers, basil, parmigiano and olive oil ShrimpScampi..................................................................$8.95 Shrimp sauteed in a delicate lemon butter sauce Oysters on a Half Shell % Dozen...........................................$9.95 CalamariFritti.................................................................$7.95 Main Entrees All entrees served with fresh bread and choice of soup or house salad- You may substitute the house salad for a caesar salad for $4.95 Homemade Ravioli Alla Nina or Gnocchi...............................$13.95 Ricotta cheese and spinach filled ravioli sauteed in a touch of cream topped with a fresh tomato sauce PenneDella Casa............................................................$13.95 Penne pasta with artichoke hearts, mushrooms, escarole and sun dried tomatoes sauteed in garlic and olive oil topped with romano cheese. Add chicken for $1.00 or shrimp for $2.00 Homemade Lasangna Dei Sand ..........................................$13.95 Layered with ricotta cheese and ground sirloin topped with mozzarella cheese FettuccineAl Pesto.......................................................... $13.95 Fettuccine in a homemade pesto sauce with diced potatoes and broccoli TortelliniPanna Rosa ........................................................ $13.95 ortellini filled with meat sauteed in a creany tomato sauce with mushrooms,peas,leek,ham and a splash of brundy Chicken Fiorentina with assorted Vegetables...........................$7.95 Breast of Chicken topped with spinach and mozzarella cheese sauteed in a creamy cognac sauce served with assorted vegetables Chicken Bocconcim with assort4ggetables.............................$8.95 Strips of chicken sauteed in burgandy wine sauce with black olives, mushrooms, artichoke hearts and onions served with assorted vegetabIO02 APR - 2 P 4: 0 3 Spaghetti Romantica with Shrimp...........................................$8.95 Shrimp sauteed in brandy served in a creamy tomato sauce with shallots served on a bed of spaghetti Red Snapper Mare Chiaro with Linguine...................................$8.95 Fresh filet of red snapper in a tangy white wine tomato sauce with red onions, shallots and capers served with linguine Veal Francese with Assorted Vegetables...................................$8.95 Veal scaloppine sauteed in a lemon butter sauce with mushrooms, capers and artichoke hearts served with assorted vegetables Chicken Al Momento with Spaghetti........................................$7.95 Strips of chicken sauteed in a fresh tomato sauce with bell peppers, onions, mushrooms black olives served on a bed of spaghetti Fettuccine Mare E Monti with Shrimp.......................................$9.95 Fettuccine in a creamy cognac sauce with shrimp and wild mushrooms Salmone Rosato with Mixed Vegetables....................................$9.95 Fresh Filet of salmon sauteed in a lemon butter piccata sauce with capers served with vegetables Shrimp Scampi with Linguine................................................$8.95 Chicken Ceasar Salad..........................................................$6.95 E NINA L' ITALIANA DLLC "" APR •- 2LENIPA3 Homemade Ravioli Or Gnocchi-Pana Rosa Alla Nina...................$6.95 Ricotta cheese and spinach filled ravioli sauteed in a touch of cream topped with a fresh tomato sauce Penne Della Casa...............................................................$6.95 Penne pasta with artichoke hearts, mushrooms, escarole and sun dried tomatoes sauteed in garlic and olive oil topped with romano cheese. Add chicken for $1.00 or shrimp for $2.00 Homade Lasangna Del Santi..................................................$6.95 Layered with ricotta cheese and ground sirloin topped with mozzarella cheese Fettuccine Al Pesto.............................................................$6.95 Fettuccine in a homade pesto sauce with diced potatoes and broccoli Tortellini Panna Rosa..........................................................$6.95 Tortellini filled with meat sauteed in a creamy tomato sauce with mushrooms, peas, leeks, ham and a splash of brandy Linguini with fresh clams.....................................................$9.95 In your choice of red or white sauce Chicken Fiorentina with assorted vegetables..............................$7.95 Breast of Chicken topped with spinach and mozzarella cheese sauteed in a creamy cognac sauce served with assorted vegetables Veal Marsala with assorted vegetables.....................................$8.95 Veal scaloppini sauteed in a marsala wine sauce with mushrooms served with assorted vegetables Mussels and calamari fra diavola with spaghetti ..........................$9.95 Fresh mussels and calamari sauteed in a spicy tomato sauce served on a bed of spaghetti B UON GIORNO! ! IT,*k'V STYLE BREAKFAST ZOOZ APR -- 2 P 4: 0 2 Frittata Combination egg omlette or just egg whites served with $5.95 Fresh fruit Two egg special two eggs with bacon or ham white or rye toast r Two Crepes filled with cooked fresh fruit and pastry cream $5.95 $4.99 Healthy morning '/2 Grapefruit with two poached eggs served with hollandaise sauce $4.99 French toast served with Nina's famous seasoned Italian style potatoes served with ham or bacon $4.99 Breakfast Special eggs cheese ham or bacon served on a croissant $2.99 Breakfast Beverages Coffee & Tea included with above Memu Frappes All Flavors $3.75 Banana Mocha Chocolate Strawberry Pina Colada Cappuccino $3.25 Espresso $2.50 E _ . _. -8__ 1 10. I _ - ( Does your restaurant.Conta.., any games or television,2 (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) .Yes. No 1 — —.f _ Do you have live entertainment or dancing? } (If yes hat type andthow often?) 7001 APR 2 Re" Use space below or attach a list of employee positions and their duties to fully staff vn,,r hnc;no.o s ❑ No rr ,, ;s ❑ No ' your business. I !�v f W - IW,4 RTy c c hereby declare that I am the APPLICANT filing this application. I have (Print full name) read theis application and the contents and all statements true, correct and complete. 4 f� State of Ar/ �l,412- County of %�&2 X The foregoing instrument was acknowledged before me this (Signature of APPLICANT) day of OFFICIAL SEAL Day of Month Year =r� MARGIE PEREZ My commissi Arizona MARICOPA COUNTY igna of N AR UBLIC) My Comm. Expires Feb.14, 2006 . 1. ARIZONA DEPARTNIENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 RE Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 OILLC (520) 628-6595 - ni n RESTAURANT OPERATION PLAN LICENSE # List by Make, Model and Capacity of Your: Grill List by Make, Model and Capacity of your: Grill S'fi.4R rrvay.-7 X.g3y yYi' /Go,00u $outer B�,uD 8,9K£ 7-(f-790 2. Print the name of your restaurant: A/ nl / 6 z— _[719 /— //9ly q 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises b. Bar area of your premises [ +/ 7� C. Total area of your premises [ .2/ O 1 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (Jf yes, what percentage of the public floor space does this area cover). Pq Yes 34 % ❑ No 7. What percentage of your public premises is used primarily for restaurant drog ? (Does not include kitchen, bar, cocktail tables or game area.) % Lic0114 05/1999 *Disabled individuals requiring special accommodations, please call the Department. 12. 'Payroll Records A. Copies of all reports required by the, State and Federal Government B. Employee Log (A.R.S. 4-119) DLLC C. Employee time cards (actAQd, m2ntpj,tA6gn in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each Licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): -ru c c t A0 k5 k- Last First Middle have read and fully understand all aspects of this statement. State of Pal. ?n% A- County of k The foregoing instrument was acknowledged before me this X w day of , a - (Signature of Licensee/Agent) Day of Month Month Year sa OFFICIALSEAL My corn hiss on: MARGIE PFR m)tmfFtdilansbteotMftm�h Year (Signa re of OAR P LIC) MARICOPA COUNTY My Comm, Expires Feb.14, 2006 MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORD.1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ' 4Q0 W Congress #150 Phoenix AZ 85007-2934 D Tucson AZ 85701-1352 (602) 542-5141 L L C (520) 628-6595 HOTEL -'M(fTEIL AM&ESTAURA.NT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT 'WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary_. to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Joumals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) • B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 SAMPLE GEOGRAPHICAL DATA the area adjacent to the map provided,.,below indicates your proposed location an the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of UE b proposed location. (See example below) A = Applicant 1001 APR -2SERi4n0@2 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 i St. Anthonys Church 100St. Anthonys School 11 Burbank Middle School 1 12 First United Baptist Church 1 .13 1 14 1 15 � Mi. A.R.S. Section 4-207.A reads as follows: ;-I M i . N i '-� M i . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. 0 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF nHS PAGE. List below the exact names of all churches, schools, and spirituous liquor 'outlets within a one half mile radius of your proposed location. 2. 3. 10 11 12 13 SECTION 16 Geographical Data: A SAMPLE FOR THIS SIC mlIS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spies ontla4s Wi5 a one half mile radius of your proposed location. �i L G S t [ ( II 1. I MA&K /FILL 2. %T au,c f G/t/LL s fwt �5 L 4.v2.+A�>3 Qow L SFKtts e(. 5.fKlc'ara ��/t/�on/_Sfkr�s /y 6. -4LArno �4Loorl Sfcuts oL 7. S/L Jt it Sf/E/./ /'SC t Sjjt,6 01_ s. old NA lclA ��STsix, Es IL 9. S % gfhtfs rZ . 10. I1.��C'C7 /LUr{ /D 12.S4 SLKt t:> /o 13.Jtu+v1LE (?f,✓RfC,�cb�ro�t 14. 1s. (ATTACH ADI)mONAL SHEET r iF NEcEssARy) 15. A — our business name and identity cross sheets �) 0f 2 VOWS Q£ST (ATT,ACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. J SECTIO 6-17)ignature Block: NT declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Pri t name of APPLICANUAGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporate n, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, artners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. X ��,� J State of County of�(t�7 " ` '���� The i-oregoing instrument was acknowledged before me this (Signature) day of Day of Month'Month_ Year My commission 7 SECTION Restaurant, or Hotel -Motel Applicants: 1. Is the r aaf1t r taurant or hote 1 e at the ro d locati YES NO If yes, give licensee's name: �i/ C0 �/'�� p po��i� � r r ter_ and license #: / 1 U J /Y 6 7 Last First Middle 2. If the answer to Question 1 is YES, you may qualify for anInterirn o operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. _ 3. All restaurant applicants must complete a Restaurant Op9 t� 4 P#1;.(For,6LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be ffrom� 4SSQ'?' IQ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: ,1 u 7 Entrances/Exits 51 Liquor storage areas ki ❑ Drive-in windows ® Patio enclosures ❑ Service windows Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. '-5-3 y3_s,j r L• DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. 1 �rAy� A It YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. SECTIO 2 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPE ER A LOCATION TRAI3 FER IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: c2- VG US �r (Exactly as it appears on license) 2. New Business Name and Address: `N0- (Do not use PO Box Number) 1 R _ 2 P 31 59 3. License Type: o L' e Number: _ � 4 '% (o c�_� Last Renewal Date: a 4. What date do yo an to move? kplo .Z What date do you plan to open? /,7 p SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: y Vol /�) I / ft. Name/Address of school: rour-d t� i�`t �1'//G J (Regardless of distance) ES 2. Distance to nearest church:YA01 ft. Name/Address of church:r� OF fti Er!*/1/S (Regardless of distance) --��Lp� / S p h. rL Lety o 19Lud . 3. lam the: LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: 0bjmet 1yL DA,h vrr ����v VIS f 1g j0r'0jJff1-hCS 1 LC, %3�i+�( N•-Si4gvA2o 13[vcl�i� /ocJN�Aiiy 4a. Monthly rental/lease rate $ 7, 00 What is the remaining length of the lease? CIE _71-- �yrs. _ mos. 4b. What is the penalty if the lease is not fulfilled? $ a,q6 or other /00 c c'-4,, FEE (give details - attach additional sheet if necessary) /What is the total business indebtedness of the applicant for this license/location excluding lease? $ o p Pr ) c f - YrepresentIdGl4 Does anone creditor more than 10% of that sum. ❑YES ❑ NO If yes, list below. Total must equal 100% .► n . First Middle % Owed Residence Address City State A Fa to, / _ — L-��OFt �3 /-7 -7 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) A P-r 1z/jy,Pc2 CC O I 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES IN NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES P? NO Ds the premises currently licensed with a liquor license? �TYES ❑ NO If yes, give license number and licensee's name: License # / A I� (Exactly as it appears on license) Name �4S kwR 4 vn 0 5 SECTION 12 Location to Location Transfer: (Bars ,.nd Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. • 1. Current Business Name and Address: nL L r (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: 4. What date do you plan to move? SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: (Regardless of distance) 59 Last Renewal Date: What date do you plan to open? ft. Name/Address of school: 2. Distance to nearest church: ft. (Regardless of distance) 3. I am the: ❑ LESSEE ❑ SUBLESSEE 4. If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ 4b. What is the penalty if the lease is not fulfilled? $ What is the remaining length of the lease? yrs. or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/ ation excluding lease? $ Does any one creditor represent more than 10% of that sum? YES ❑ NO If yes, list below. Total must equal 100%. Last M-r XA;AAI- m - ----- UWjM /yiorfa �.C�� ��v�v l�tl JI LC GI G3d-O('�r�o (Al rActt ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this License be used for? (BE SPECIFIC) 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES ❑ NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES ❑ NO 9. Is the premises currently licensed with a liquor license? ❑ YES ❑ NO If yes, give license number and licensee's name: License # (Exactly as it appears on license) Name SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COP OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLNp1DJS�RIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. Hr z P 3. 5 9 SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2.. Assignee's Name: Last First Middle Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). I. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3urrent Business Name: (Exactly as it appears' on'$cense) 4. Current Business Address: 5. License Type: License Number: 6. Current Mailing Address (other than business): (Indiv., Agent, etc.) Last Renewal Date: 7. Have all creditors, lien holders, interest bolciers, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, , declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true, correct and complete. State of County of The foregoing instrument was acknowledged before me this (Signature of CURRENT LICENSEE) day of , Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH C* ❑ CORPORATION Complete questions 1 2 3 5 6 7 8 , L.L.C. Complete questions 1, 2, 4, 5, 6, 70k ch copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: I�V(R OL ( 4t C. (Exactly as it appears on Articl A-Irs qu`J. S 9 2. ate Incorporated/Organized: 3 0 2 State where Incorporated/Organized: r/ 7 AZ Corporation Commission File No.: _ Date authorized to do business in AZ: J4. AZ L.L.C. File No: L. /Q �'7 s-^ �/ Date authorized to do business in AZ: b0 Al 5. Is Corp./L.L.C. non-profit? OYES ❑NO If yes, give IRS tax exempt number: L/� .� ' 777 6 List all directors/officers in Corporation/L.L.C.: Last P;-t AA;"I- _lr:A.... n_____ A/y{��/ !_ - / ' � Gai r f U C- ! 1 � O C! C'. V � "�/ / // / /i Nj � c - _ _,_I_�__�__ l-.7 r.aN eV o_9 4 .� C his C©�s����,a "r�irY��� L(5 7q, 37,4 5`f ,�h �z �'3v3, Z M5 LlrrJA / "I C v o L O 19 ro c /b7�a � �� /G/e/a/,Oy` Z E�6 (ATTACH ADDITIONAL SHEET IF NECESSARY) ist stockholders or controlling members owning 10% or more: L st First Middl, Cr n.,,..A Do ;.7---- Aaa. InA 2%vc c i ?o b�rf 4J, ll1A- 33,s' 1 ' 41, C' Jf c�()_3 �oHS�gN14 74,/v n% Lc- -Ade g- 3�.. ,22-0 /Yo 3LN s %y qz �,3'o3;t- 3.3-0 ((,��7yo S.13 Ielcl,Qt %/ .X ;16,e kFII It Url HUIJI IWNAL Jtibbl Ir NbUkbJSAKY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTIONS Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter) - ----- '-.Iry Wale Gip ��. ara�aa l'1LllataviVllL JncGj AX- 1V Gl.LJJHK I) I Ell UMMAa,.. � �mrna a �NO7� a a � zz �o�dm d o aoa t �[o CD 00 r � w �] O tTj SECTION S Interim Permit: �,,,.you intend to operate business while your application is pending you will need an Interim Permit pursuant to A ° 4-203.01. 2. There MUST be a valid license of the same type you are applying for cTh�elztleissued to the location. 3. Enter the license number currently at the location. /*Q 4. Is the license currently in use? ❑ YES L NO If no, how long has it been out- if ? hyl A ATTACH LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION � / UEC c �,� , declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location . I ave read this application and the contents and all statements are true, correct and complete. / J State of d_kJ2r,,U¢ County of X �'l/ - '�� The foregoing instrument was acknowledged before me this (Signature) day of��� ll0 Day of Month —Month Year My commission expires on: /1713 (Signature of NOTARY PUBLIC) YNNMNJVMN1VNp�iW/VNN�I/JOIIYNJII/�I HLEEN M. WALL twy Public - State of Arimna SECTION 6 Individual or Partnership Owners: MARICOPA CO r My Comm. Expires �errgrvsw,erar�verwri+.,a�serv�rrsi EA H PERSON LISTED MUST A COMPLETED FORM "LIC0101", AN "APPLICANT" E FINGERPRINT CARD, AND $Z4 FEE FOR EACH CARD. 1. Individual: Last First Niddle % Owned /•Residence Address City State Zip 57AT04-9 f tm�i �h Partnership Name: (Only the first partner listed will appe on h nse) General -Limited Last First Middle 90 Owned Residence Address Ci Sta[ Z' -1 a e ❑ ° ❑ ❑ z %I (ATTACH ADDITIONAL SHEET IF NECESSARY) tw any person, other than e above, going to share in the profits/losses of the business? X YES ❑ NO 2 \\A.RIZONA DEPARTMENT OF LIQUOR D & CONTROL 800 W Washington 5th Floor APR 0 4 20n�400 W Congress #/150 Phoenix AZ 85007-2934 'iucson AZ 85701-1352 (602) 542-5141 o� CLEA NK (520) 628-6595 APPLICATIR V LfQUQAVENSE .--j�h TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents Partners Stockholders Officers or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. y S o N SECTION 1 This application is for a: *INTERIM PERMIT Complete Section 5 M NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 2 Type of ownership: --b,-, `r-zS'-o ❑ J.T.W.R.O.S. Complete Section 6S-1-oa- 13 INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 ® LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type,of license and fees:_ . LICENSE /f: 1. Type of License: YP 2. Total fees attached: $ APPLICATION FEE°AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section_ ) 1. Applicant/Agent's Name: Ms. R,4,<7-vc-c`.1 (Insert one name ONLY to appear on license) Last First Middle u. 2. Corp. /Partnership/L. L. C.: N/ 4oL I L L C (Exactly as it appears on Articles of Inc. or Articles of Org.) Business Name• b\v�� Business Address: IVINAZ L ` 17�41_ jr / kr-xacuy as it appears on me exterior of premises) �v<+svfgiy 11i1/S J 6 - � �'�. � icy 8;. 8 . /�ue-Nuc 0 F T�� Furl i r� .,t w_ lfl�Q/cP3-a6dP (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( yTo 5, 3b - C/�UU Residence Phone: ((vy;L a5 3 =- 07/3 6. Is the business located within the incorporated limits of the above city or town? ®YES ❑NO 7. Mailing Address: 6 9 7a Pu i The /0'ov,y llyv /eo City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) Accepted by: Fees: Application P- DEPARTMENT USE ONLY Date: Q /a Interim Permit Agent Change Club Lic. li F. Prints TOTAL uu a +crnv wvui lcL1 Iv uA r3, AI\L l.1Kl.UJyL3IA1Vl:EJ UY I"EN REJUL"r IN A LONGER WAITING PERIOD. YOU ARE CAunoNED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. 0 LIC 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. MEMORANDUM TO: Public Safety Director Steve Gendler FROM: Bev Bender, Exec. Assistant to the Town Clerk DATE: April 5, 2002 SUBJECT: Nina L'Italiana Liquor License Application Please review the attached application and provide your report. Please note that the business has not applied for their Fountain Hills business license. I called the restaurant this morning and spoke Shawn (manager) who indicated that they would be in to apply for their business license on Monday, April 8, 2002. cc: Judy Hertrich Town of Fountain Hills Memorandum • TO: Cassie Hansen FROM: Steve Gendler4a� DATE: April 8, 2002 SUBJECT: Liquor License Application — Nina L `Italiana ------------------------------------------------------------------ The purpose of this memorandum is to provide an endorsement of the attached liquor license application for "Nina L `Italiana", a restaurant located at 16872 Avenue of the Fountains. It is my understanding that the application is scheduled for consideration at the Council session on May 2nd. This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A site inspection at the facility, which is replacing the "Rendezvous Restaurant" at that location, clearly shows that over 60% of the establishment will be devoted to service of food. In addition, the facility has clearly been designed as a restaurant by the building developer. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection did show three class 6s, three class 10s, five class 12s, and one class 14 within one-half mile, this is typical of a developing downtown area and would have no effect on the license application. The applicant, Robert Martucci, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. While the new owners have not yet secured a Fountain Hills Business License, the town clerk's office advises that they have been notified and would be in compliance prior to the Council meeting. Based on compliance with Title 4 relating to the Class 12 liquor license, and the fact that the applicant is an Arizona resident with no wants or warrants, I recommend approval by the Council at the May 2nd meeting. April25, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 4/25/2002 {j Re: AGENDA ITEM #2 — NINA L'ITALIANA LIQUOR LICENSE Robert Martucci has submitted an application for a new Class 12 Restaurant license for Nina L'Italiana located at 16872 E. Avenue of the Fountains. Mr. Martucci is one of the new owners of the restaurant formerly known as Rendezvous. Although the establishment previously had a Class 12 liquor license, Mr. Martucci must apply for a new license. Marshal Gendler has performed his inspection and confirms that the premise satisfies the statutory requirements of a Class 12 license (please see attached memo from Steve). The premise has been posted for the 20-day statutory period and no written arguments have been received at Town Hall. They have obtained a Fountain Hills business license. Based on statutory compliance, ::staff recommends approval, jIL 1 i) Agenda Items 5/2/02 Page 1 of 1 Last printed 4/25/2002 5:11 PM 4/25/2002 Form 104 Revised 1 /84 (APPROVAL) MWTOWN OF Fountain Hills COUNTY OF Maricopa , ARIZONA ORDER NO. STATE APPLICATION NO. 12075168 CM -TOWN NO. o95 At a Regular meeting of the Town Council (Regular or SpkIeW (Governing Body) of the C4-Town of Fountain Hills held on the 2nd g02 , the Application of Robert W. Martucci day of May for a license to sell spirituous liquors, at the premises described in his Application No. 12075168 was considered, as provided by Title 4, A.R.S., as amended. !J IT IS THEREFORE ORDERED that the Application of Robert W. Martucci be, and the same is, hereby recommended for approval, a license to -sell spirituous liquors of the class, and in the manner, designated in his Application No. 12075168 by Series 12 IT IS FURTHER ORDERED that a Certified Copy of this Order be imme- diately transmitted to the Department of Liquor Licenses and Control, Phoenix, Az. DATED AT Fountain Hills, AZ M--TOWN CLERIVDir. of Administration this end day 0f Mai , k*2002 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 Date of Posting.. 4-5-02 Applicant Name: Martucci Last AFFIDAVIT OF POSTING Date of Posting Removal: 5-2-02 Robert William First Middle Business Address: 16872 E. Ave. of .the -Fountains #104-105 Fountain Hills, AZ 85268 Street City Zip License #: 12075168 I hereby certify that pursuant to A.R.S. S 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Cassie B. Hansen Town Clerk/Dir of Administration 480/837-2003 Print Name of City/County Official Tide Telephone # Signature ,S-3-off Date signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiting special accommodations please call (602) 542-9051 0 Uc0119 03n999 Form 104 Revised 1 /84 (APPROVAL) CTMTOWN OF Fountain Hills COUNTY OF Maricopa , ARIZONA ORDER NO. STATE APPLICATION NO. 12075168 UM -TOWN NO. 095 At a Regular meeting of the Town Council (Regular or SpvtYa1) (Governing Body) of the aim -Town of Fountain Hills held on the 2nd k02 , the Application of Robert W. Martucci day of May for a license to sell spirituous liquors, at the premises described in his Application No. 12075168 was considered, as provided by Title 4, A.R.S., as amended. IT IS THEREFORE ORDERED that the Application of Robert W. Martucci be, and the same is, hereby recommended for approval, a license to sell spirituous liquors of the class, and in the manner, designated in his Application No. 12075168 by Series 12 IT IS FURTHER ORDERED that a Certified Copy of this Order be imme- diately transmitted to the Department of Liquor Licenses and Control, Phoenix, Az. DATED AT Fountain Hills, AZ m-TO N CLERWDir. of Administration this end day of M3, , 2002 Chron 68 Town Attorney Bill Farrell has opined that it is appropriate to charge these expedited plan review costs to the bond fund. Costs to date and costs anticipated to complete the backbone infrastructure reviews are as follows: Month Man hours Cost Received November 2001 458.0 $33,864.00 February 4 December 2001 42.0 $ 2,297.50 February 4 January/February 2002 299.0 $23,689.26 March 29 Total to date: 799.0 $59,850.76 Estimated Future Invoices (per Willdan letter of 3-13-02) Estimated Work March -June 2002 $22,000.00 Additionally, MCO has stated that they intend to submit several barrages of the individual parcel plat infrastructure in the upcoming future months. Since they have not yet submitted most of these parcels, their phasing, timing, number of plan sheets, completeness, etc. makes estimation of how much review staff can complete in-house versus how much consultant review will be required, difficult to estimate at this time. To date we have been able to handle the 2 parcel plats and their improvement plans, which have currently been submitted, in-house. If consultant review of the individual parcel plats is determined to be needed, we will provide a separate memo at that time. Town Attorney Bill Farrell is available to discuss the need for and initial authorization of this work. CONCLUSION Therefore, staff recommends Council approval of the Willdan invoices to date (totaling $59,850.76), and authorization for future work of $22,000.00, for the review of the Eagle Ridge North (aka Sienna Canyon) and Eagle's Nest (aka North Peak) infrastructure submittals, for the current fiscal year. Bb/revised /jb cc: Bill Farrell Tom Ward Jim Leubner David Gue ERN -EN Expedited Plan Review Fees.doc Page 2 of 2 Chron 68 o�.ttTAIN o � 3 _ that Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Council FROM: Randy L. Harrel, Town Engineer THROUGH: Roy Pederson, Acting Town Manager DATE: April 26, 2002 RE: Eagle Ridge North/Eagle's Nest Expedited Plan Review Fee Payment Willdan Associates is providing expedited plan review services for the backbone infrastructure of the mountain plats (Eagle Ridge North and Eagle's Nest), in accordance with the Town's commitment in our Development Agreement with MCO. BACKGROUND Subsequent to the current year's budget preparation and presentation last spring, the Council reached a Settlement Agreement with MCO regarding the Eagle Ridge North and Eagle's Nest subdivision plats, and the Town's purchase of the Preserve Lands. Included in that agreement was the Town's commitment to expedite the plan reviews for these plats at no additional cost to the Developer. Prior to receiving the first parts of the improvement plans, Town Attorney (and at that time, Acting Town Manager) Bill Farrell directed that the Eagle Ridge North/Eagle's Nest plan review would be performed by Willdan Associates (who had also been heavily involved in the mountain plat negotiation process). The Engineering Department was in agreement with that decision; we do not have adequate in-house plan review staff to handle an expedited review of two projects of this magnitude, as required by the Development Agreement. To date, paving, water, sewer, grading, bridge, landscaping and irrigation plans —totaling over 200 drawing sheets —have been submitted, reviewed, and returned for correction and revisions at least one time. Staff and Willdan met with MCO on February 27-March 1 in expedited comment resolution sessions. The plan review is proceeding expeditiously, in accordance with the Settlement Agreement; and to date, we have avoided backlogging other development reviews (which includes the final plats and improvement plans for several of the individual Eagle Ridge North subdivisions. ERN -EN Expedited Plan Review Fees.doc Page I of 2 azo, Ela, a I a: I cl, C', wn Mo 00 0 wwo woo mmm 2 EN, Ela M, tb',' 0 ........... 00 nn r4clj Chu, nl) . ..... .. .... to jx, .. . ....... .. ........... 4N Nlo % Pao ........... WC • 01 035 9 91 33k, ral 0 rim a 035 91 33S ........... . .......... IN La Strada Villas LLP 16807 East Palisades Boulevard, Suite 101 Fountain Hills, Arizona 85268 March 15, 2002 Mr. Randy Harrel Town Engineer Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85268 Re: La Strada — Mountainside Drive Storm Drain Dear Randy: This letter is meant to memorialize our conversation of last Friday, March 8", regarding the subject improvements. As background, one of the stipulations of the La Strada project approval was the installation of additional storm drain piping at the adjacent dip crossing on Mountainside Drive. The installation was to be done by the developer with the Town contributing the sum of $14,500.00 to the effort. Our conversation concluded that it would be to the Town's benefit to reverse the roles in the earlier agreement, that is, that the developer would contribute $14,500.00 to the Town and the Town would make the improvements at a time of its choosing. If this letter accurately reflects your understanding of our discussion, please indicate so below and we forward the funds to the Town. Sincerely, K. Michael Snod ass Project Manager cc: Robert Bezemer Tom Ward Art Candelaria Agreed: Randy Harrel Town Engineer Chron 46 This culvert improvement is a relatively low priority for the Town for the following reasons: (The subject location) Criteria Town Culvert Priority Mountainside Dr/Arrow Wash Street Type Arterial Street Minor collector Vehicle Speed & High Low (25 mph) Volume Alternate Access None; impassable; or long detour Several, nearby, passable routes Flow Duration Long Short Existing Culverts None, or very small capacity 1 /3 of 100-year capacity Major Flood Problems House flooding, diversion of flow None expected (Except maybe some erosion) lib Attachments: • Stipulation modification request Letter from Michael Snodgrass requesting to modify dated 3/15/02. • Flood Plain Map Cc: William Farrell Tom Ward LaStrada Condominiums modification of plat stipulation.doc 2 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Chron 46 Town of FOUNTAIN HILLS a � � 3� ° 31 0 Engineering Department ► • - er:,9 `aat;s � MEMORANDUM TO: Honorable Mayor and Town Ce�ncil a , FROM: Randy L. Harrel, Town Engineer� o , J THROUGH: Roy Pederson, Interim Town Manager DATE: March 29, 2002 RE: La Strada Condominiums Modification of Plat Stipulation La Strada Villas LLP (care of: McCasland Premier Builders), through their designer (Mike Snodgrass of KMS Properties) has requested to modify a final plat stipulation for the La Strada Condominiums plat, as follows: Ori__ i�ipulation: The Town will pay $ 74, 500 for two HDPE drainage pipes appurtenances and associated street improvements at the existing low water crossing of Mountainside Drive and Sunflower Drive. Request to add to stipulation: Or, the Developer will pay $14,500 to the Town of Fountain Hills in lieu of construction of these culverts. (Their request letter is attached). The proposed culvert is a low Town priority to construct; staff would prefer to build other, higher priority culvert projects. In the final plat for La Strada Condominiums, (Tokpela Lot # 1, which is located on the east side of Mountainside Drive, at Sunflower Drive); the developer was required to construct two 42" additional diameter additional storm drain culverts crossing Mountainside Drive at Arrow Wash. The Town agreed to a 50% reimbursement amount totaling $14,500.00, in the plat stipulation. In a very major storm, the existing single, 42" culvert calculates as being unable to handle the design storm water flow. So, the water theoretically backs up and overtops Mountainside Drive, as shown in the attached flood plain map. However, to our knowledge, this overlapping has never actually occurred. Existing buildings are protected against this overlapping flow (and this project's buildings will likewise need to be so protected). LaStrada Condominiums modification of plat stipulation.doc 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Town of Fountain Hills Memorandum DATE: May 2, 2002 TO: The Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Jesse Drake, Interim Director of Community Development ..ib SUBJECT: Consideration of an Ordinance amending Chapter 5, Section 5.09.A.1 of The Zoning Ordinance for the Town of Fountain Hills to modify the requirements for the height of walls in the front yard setback that would allow retaining walls to be constructed to a maximum height of six (6) feet in the front yard setback if the lot topography slopes downward from the roadway and the height of the retaining wall does not exceed three and one-half (3'/z) feet above the extended grade of the finished roadway surface. This request is for an amendment to modify the height of retaining walls in front and side yard setbacks where the topography slopes downward from the roadway surface. Retaining walls would be allowed to a maximum height of six feet, with a restriction that no more than three and one-half feet extend above an imaginary line created by the horizontal extension of the roadway surface (graphic below). The amendment would serve to reduce the amount of disturbance required on some steeply sloping lots by eliminating one or more terraced walls. Below is the proposed Ordinance to Chapter 5, Section 5.09.A.1, of The Zoning Ordinance for the Town of Fountain Hills: (deleted text has stfikethfough and added text is double underlined): CHAPTER 5 GENERAL PROVISIONS 5.09 Walls and Fences. A. Height. 1. . Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Retaining walls that lie within the front or street side yard may be allowed to a maximum height of six (6) feet if all of the following three (3) criteria are met: 1. The retaining wall is on a slope gradient that is lower in elevation than the finished roadway surface. 2. The retaining wall does not exceed three and one-half (3'n feet above an imaginary line created by a horizontal extension of the roadway finished surface. \\earth\JDrake\Drake files\Reports-2002\Text amend -Retaining Walls-TC.doc Page 1 of 2 3. No vehicular sight lines are obstructed and road "clear zones" are established that are approved- b the Town Engineer and meet with an roved Traffic En ineedng Standards. retaining curb roadway curb fill wall Max 3.5 ft Max b above ff ------ - - - -- roadway total wall _ extended height ,front yard setback--, property line Fences or hedges which exceed the above heights may be built around schools and other public or quasi -public institutions when necessary for the safety or restraint of the occupants thereof, within (W Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided; no non -retaining wall or fence shall exceed six (6) feet in height. Retaining wall heights and non -retaining walls on top of retaining walls with less than fifty (50) percent openness, shall follow the standards in Section 5.1 LE. of this chapter, however in no case shall the non - retaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national, state or local standards. RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval, and staff recommends approval of this Ordinance to modify Chapter 5, Section 5.09.A.1 of The Zoning Ordinance for the Town of Fountain Hills with one change as follows: Change the word "are" at the end of the sentence in line three to "shall be". The change is shown below with the text to be deleted in grey, and the inserted text in italics: 3. No vehicular sight lines are obstructed and road "clear zones" are established that shall be approved by the Town Engineer and meet with approved Traffic Engineering Standards. \\earth\JDrake\Drake files\Reports-2002\Text amend -Retaining Walls-TC.doc Page 2 of 2 ,%W TOWN OF FOUNTAIN HILLS ORDINANCE 2002-06 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE HEIGHT LIMITATIONS FOR RETAINING WALLS IN THE FRONT YARD SETBACK IN CHAPTER 5, SECTION 5.09.A.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18. 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow for a modification of the requirements for the height of retaining walls in the front yard setback, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.09.A.1 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed `+•- text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on April 3, April 10 and April 17, 2002, and; WHEREAS, Public hearings were advertised in the April 3, April 10, and April 17, 2002 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on April 25, 2002 and by the Fountain Hills Town Council on May 2, 2002. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.09.A.1, of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double -underlined: Ordinance 2002-06 Page 1 of 3 5.09 Walls and Fences. A. Height. 1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Retaining walls that lie within the front or street side yard may be allowed to a maximum height of six (6) feet if all of the following three (3) criteria are met: 1. The retaining wall is on a slope gradient that is lower in elevation than the finished roadway surface. 2. The retaining wall does not exceed three and one-half Q 2) feet above an imaginary line created by a horizontal extension of the roadway finished surface. 3. No vehicular sight lines are obstructed and road "clear zones" are established that shall be approved by the Town Engineer and meet with approved Traffic Engineering Standards. retaining curb roadway curb fill wall Max 3.5 ff above Max 6 ff roadway total wall extended height !front yard setback P, property line Fences or hedges which exceed the above heights may be built around schools and other public or quasi -public institutions when necessary for the safety or restraint of the occupants thereof, within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided, no non -retaining wall or fence shall exceed six (6) feet in height. Retaining wall heights and non -retaining walls on top of retaining walls with less than fifty (50) percent openness, shall follow the standards in Section 5.1 LE. of this chapter, however in no case shall the non -retaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national, state or local standards. Ordinance 2002-06 Page 2 of 3 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this dncL day of 6,, 20 0�-- FOR THFaTOWN OF Sharon Morgan, Ma REVIEWED BY: UNTAIN HILLS ATTESTED TO: Roy P d rson, Acting Town Manager N%w Cassie B. Hansen, Director of Administration/Town Clerk APPROVED AS TO FORM: Cp 9LO- William E. Farrell, Town Attorney Ordinance 2002-06 Page 3 of 3 r Town of Fountain Hills Memorandum DATE: May 2, 2002 TO: The Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Jesse Drake, Interim Director of Community Development j D SUBJECT: Consideration of an Ordinance amending Chapter 10, Section 10.02.A and C of The Zoning Ordinance for the Town of Fountain Hills to change the requirements for a Guest House in Single -Family Zoning Districts. This request is for an amendment to the Zoning Ordinance to modify the requirements for a Guest House in Chapter 10 of The Zoning Ordinance for the Town of Fountain Hills. The modifications would allow a Guest House as a permitted use, eliminate the square footage lot requirement, revise the allowable location and clarify the allowable components in a Guest House. Chapter 10, Section10.02.C, would be eliminated. Below is the proposed Ordinance amendment to Chapter 10, Section 10.02.A and C of The Zoning Ordinance for the Town of Fountain Hills: (deleted text has striketlr-eugh and added text is double underlined): CHAPTER 10 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R143, R1-35, RI-35H, R1-18, R1-10, RI-10A, R1-8, R1-8A, RI-6, RI-6A 10.02 Permitted Uses A. In R-190, R143, R1-35, R1-35H, R1-18, R1-10, RI-10A, R1-8, R1-8A, RI-6, and R1-6A Zoning Districts, a building or premises shall be used only for the following purposes: One (1) single-family dwelling per lot of record. 2. Churches, including accessory columbaria provided that the building area of the columbaria shall not exceed ten (10) percent of the total building area of the church building(s). Public schools, kindergarten through the twelfth grade, and private schools with curricula substantially the same as customarily offered in public schools. 4. Public and private forests and wildlife reservations. \\earth\JDrake\Drake files\Reports-2002\Text Amendment -Guest House-TC.doc Page 1 of 4 *4 5. Utility Services, but not including offices, wastewater treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in this ordinance. 6. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices. 7. Golf courses including club houses located thereon, but not including miniature courses or practice driving tees operated for commercial purposes. 8. Libraries, museums, parks, playgrounds, and community buildings, provided such uses are conducted on a non-profit basis. 9. Home Occupations as prescribed in Section 5.14. 10. Home Day Care Center in an operator's residence, with no swimming pool, for five or less people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage, or other evidence of a day care center is permitted. One additional off-street parking space is required. 11. Accessory buildings and uses customarily incidental to the above uses. 12. Group Homes for the Handicapped and Elderly Care, provided that: a. No such home is located on a lot that is within one thousand - two hundred (1,200) feet, measured by a straight line in any direction of the exterior lot lines of another group home for the handicapped and elderly care; b. No such home contains more than ten (10) residents; C. Such home is licensed by the State of Arizona Department of Health Services. d. Such home is registered with, and administratively approved by the Community Development Director or designee, as to compliance with the standards of this Ordinance. 13. Guest Houses, attached or detached,�rovided that: a. Structure must conform to all minimum setback requirements. b. An attached Guest House maybelocated in front of the primary structure if the Guest House is attached by a common wall. C. A detached Guest House structure must be located no farther in front of the main structure than '/2 the distance of any one side of the Guest House. \\earth\JDrake\Drake files\Reports-2002\Text Amendment -Guest House-TC.doc Page 2 of 4 Maximum _ spacing =1/2 X Length of one side =, X d. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. e. Shall not exceed fifteen (15) feet in heieht. f. A detached Guest House shall not contain any of the followine• 1. An attached garage 2. Kitchen facilities (oven or stovel. 9. Must be connected to primary structure's utilities, and shall not have 220 volt electrical service to any part or common wall, with the exception of a hardwired air conditioning unit. h. May not be used for any commercial or non-residential uses. i. May be appealed by Special Use Permit to Town Council. 00 t \\earth\JDrake\Drake files\Reports-2002\Text Amendment -Guest House-TC.doc Page 3 of 4 0 4. Skal',be single stery. RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval, and staff recommends approval of this Ordinance to modify Chapter 10, Section 10.02.A and C of The Zoning Ordinance for the Town of Fountain Hills. \\earth\JDrake\Drake files\Reports-2002\Text Amendment -Guest House-TC.doc Page 4 of 4 TOWN OF FOUNTAIN HILLS ORDINANCE 2002-07 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE REQUIREMENTS FOR A GUEST HOUSE IN SINGLE-FAMILY ZONING DISTRICTS IN CHAPTER 10, SECTION 10.02.A and C OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18. 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow fcr a modification of the requirements for a Guest .House in Single -Family Zoning Districts, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 10, Section 10.02.A and C of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on April 3, April 10 and April 17, 2002, and; WHEREAS, Public hearings were advertised in the April 10, April 17, and April 24, 2002 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on April 25, 2002 and by the Fountain Hills Town Council on May 2, 2002. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills, Chapter 10, Section 10.02.A and C, of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double -underlined: Ordinance 2002-07 Page ] of 5 10.02 Permitted Uses A. In R-190, R1-43, R1-35, RI-35H, R1-18, R1-10, Rl-10A, R1-8, R1-8A, R1-6, and R1-6A Zoning Districts, a building or premises shall be used only for the following purposes: 1. One (1) single-family dwelling per lot of record. 2. Churches, including accessory columbaria provided that the building area of the columbaria shall not exceed ten (10) percent of the total building area of the church building(s). 3. Public schools, kindergarten through the twelfth grade, and private schools with curricula substantially the same as customarily offered in public schools. 4. Public and private forests and wildlife reservations. *4 5. Utility Services, but not including offices, wastewater treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in this ordinance. 6. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices. 7. Golf courses including club houses located thereon, but not including miniature courses or practice driving tees operated for commercial purposes. 8. Libraries, museums, parks, playgrounds, and community buildings, .provided such uses are conducted on a non-profit basis.. 9. Home Occupations as prescribed in Section 5.14. 10. Home Day Care Center in an operator's residence, with no swimming pool, for five or less people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage, or other evidence of a day care center is permitted. One additional off-street parking space is required. 11. Accessory buildings and uses customarily incidental to the above uses. 12. Group Homes for the Handicapped and Elderly Care, provided that: a. No such home is located on a lot that is within one thousand - two hundred (1,200) feet, measured by a straight line in any direction of the exterior lot lines of another group home for the handicapped and elderly care; Ordinance 2002-07 Page 2 of 5 b. No such home contains more than ten (10) residents; (� C. Such home is licensed by the State of Arizona Department of Health Services. d. Such home is registered with, and administratively approved by the Community Development Director or designee, as to compliance with the standards of this Ordinance. 13. Guest Houses. attached or detached provided that: a. Structure must conform to all minimum setback requirements b. An attached Guest House may be located in front of the primary structure if the Guest House is attached by a common wall C. A detached Guest House structure must be located no farther in front of the main structure than '/2the distance of any one side of the Guest House. d. May -not exceed thirty (30) percent of the square footaQe of the livable area of the primary structure. e. Shall not exceed fifteen (15) feet in height f. A detached Guest House shall not contain any of the following: 1. An attached garage 2. Kitchen facilities (oven or stove). 9. Must be connected to primary structure's utilities and shall not have 220 volt electrical service to any part or common wall, with the exception of a hardwired air conditioning unit h. May not be used for any commercial or non-residential uses i. May be appealed by Special Use Permit to Town Council Ordinance 2002-07 Page 3 of 5 Property Line Must remair Setback Line within all setbacks ----pop--' — — — — —! --- . Example m ' I Guest House Maximum • I I'' ' spacing =1/2 X ` Length of I one side = X • I Street ,.T11 Ordinance 2002-07 Page 4 of 5 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this�nt,,k day of , 20Q), FOR THE TOWN OF FOUNTAIN HILLS "SYaron Morgan, Mayor REVIEWED BY: Roy Pe do n, cting Town Manager ATTESTED TO: Cassie B. Hansen, Director of Administration/Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney Ordinance 2002-07 Page 5 of 5 Law Offices of William E. Farrell, P.L.L.C. Tel (480) 837-5750 William E. Farrell Building A. Fax (480) 837-5805 16838 E. Palisades Blvd. E-mail billfarrell(a)gwest.net Fountain Hills, AZ 85268 STAFF REPORT TO: Mayor and Council Acting Town Manager Town Clerk Community Development Director FROM: William E. Farrell Town Attorney DATE: May 2, 2002 r.. RE: AT&T Wireless Sites Staff has been through a series of meetings with representatives of AT&T regarding two possible sites for wireless towers and the necessary electrical and telephone apparatus to operate the same along with an easement for maintenance. The first site is on a parcel of property that has been conveyed to the Town by the Fountain Hills Unified School District and more commonly known as the Four Peaks site. It is hoped that Community Development might have some visuals to assist you in this presentation; however, at the time of writing this memorandum I had not been able to confirm that with Community Development. The issue at this site was primarily one of whether or not leasing the site to AT&T was a governmental purpose within the traditional meaning of that term. It was the opinion of the Town Attorney's office that a commercial lease for profit is not a governmental use and therefore an amendment would be required to the restrictions placed on the property when deeded to us by the School District. Z:\WPDATA\FH\AT&T-W irelessMEM.wpd STAFF REPORT Re: AT&T Wireless Sites May 2, 2002 Page 2 Assuming Community Development has no problems and I was unable to determine that from Community Development, as of the time of writing this staff report, then we have prepared an amendment to the deed restrictions which would respectfully request a Fountain Hills Unified School District to execute. We would also request that the Town Council authorize the execution of the first amendment to the restrictive covenants on the Four Peaks site. This will allow AT&T to go forward and prepare the lease and start the process of placing the wireless facility on the site. The second site presents more of a philosophical and legal problem than a practical problem. On June 15, 2000 the Town Council considered a request for a special use permit to allow a wireless communication facility to be placed at 16701 Laser Dr., aka Vans Storage along the east side of the lot which faces Technology Dr. That was known as case number SU2000-02. The item generated a great deal of discussion and ended with the Council giving tentative approval to the special use permit on the Van site; however, expressing a strong desire that if the Ridgeline site became available prior to a certain date that the Council would prefer AT&T to occupy the Ridgeline site. The site did not become available by the time limit; however, AT&T and the Community Development Department continued to work on the site and it appears from meetings that the Community Development Department continued to indicate to AT&T that the Ridgeline site would be made available shortly to the Town and therefore ultimately to AT&T. The Ridgeline site was ultimately deeded to the Town in July of 2001; however, the deed contained a restriction which limited the use of the property to natural open space and trails. A series of meetings continued in which an attempt was made to determine whether or not wireless facilities could be built on property so encumbered. It was the opinion of the law department that the language in the deed to the Town prohibited the wireless site. The property had come to the Town through the efforts of Barclay in connection with the Target project and Barclay has prepared and re -recorded an instrument indicating that a wireless communications facility would be acceptable. The issue however becomes one of whether or not the precedence wants to be set by the Council of allowing wireless communication facilities within what would be generally described as a hillside protection easement. Should the Council decide that it wants the wireless facility on the Ridgeline site it should so indicate that it understands that other folks with hillside protection easements may very well point to the decision and question why it was authorized here but would not be authorized on their private lots. Should the Council wish to return to the original Vans alternative, Staff understands that the landowner is still willing and that AT&T is still willing to use that site and that the special use permit could then be extended for the amount of time delayed by the Staff decisions and the gathering of the necessary documents. Z:\W PDATA\FH\AT&T- W irelessMEM.wpd C. STAFF REPORT Re: AT&T Wireless Sites May 2, 2002 Page 3 Again, it is hoped that the Community Development Department might have visuals that would assist you in understanding the issue and every attempt will be made to have that material available to you at the time of the Council meeting. The Town Attorney's office recommends approval of the amendment to the school site and offers no opinion on the Ridgeline site versus the Vans Storage site. Z:\WPDATA\FH\AT&T- W irelessMEM.wpd R4X When Recorded Return To: Town of Fountain Hills 16838 East Palisade Boulevard Fountain Hills, A7,85268 Attn: William Farrell (Tract A — Center Mitigation Area) FIRST AMENDMENT TO RESTRICTIONS For valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the restrictions set forth in the Special Warranty Deed ("Restrictions") between The Fountain Hills Unified School District No. 98, an Arizona political subdivision ("Grantor"), and the Town of Fountain Hills, an Arizona municipal corporation ("Grantee"), which Restrictions were recorded in the official records of Maricopa County Recorder 07/02/2001 as Document 2001-0592059, are herby amended as follows: A wireless telecommunications site may be located and operated on the Property. The Restrictions shall remain unchanged and in full force except as expressly modified by this First Amendment to Restrictions. Dated this day of , 2002. Dated this day of , 2002. The Town of Fountain Hills, The Fountain Hills Unified School District No. An Arizona municipal corporation 98, an Arizona political subdivision By: By: Its: Its: State of Arizona ) ) ss County of Maricopa ) The foregoing instrument was acknowledged before me this day of _, 2002, by , the of The Fountain Hills Unified School District No. 98, an Arizona political subdivision, on behalf of such school district. My commission expires: Notary Public ATTEST Clerk of the Board State of Arizona ) ) ss County of Maricopa ) The foregoing instrument was acknowledged before me this _ day of _, 2002, by , the of The Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town. My commission expires: Notary Public CHICAGO TITLE INSURANCE COMPANY Exh i bit 2 When Recorded Return To: Town of Fount ' ills 16836 East lisade Boulevard Fountai ills, Arizona 85268 Attn.: 'illiam Farrell (Tr t A — Center Mitigation Area) OFFICIAL RECORDS OF MARICOPA HELENU NTY RECORDER PURCELL 2001-0677671 07/27/2201 01'05 ISIDRO 1s OF 12 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY 1pb QUIT -CLAIM DEED and RESTRICTIONS For Ten Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BARCLAY HOLDINGS XVII, L.L.C. an Arizona limited liability company ("Grantor"), hereby quit -claims to the? -TOWN OF FOUNTAIN HILLS, ARIZONA, an Arizona municipal corporation,7eny and all right, title and interest of Grantor in and to the property described on Exhibit "A," attached hereto and by this reference (the "Property"). THE PROPERTY conveyed pursuant to this Deed is subject to, and Grantor hereby imposes upon the Property hereby conveyed certain covenants, conditions, restrictions, easements, servitudes and other provisions running with the land and binding title to the Property and all owners of any portion thereof or interest therein, whether or not referenced in any future deed or instrument as follows: 1. The Property will be restricted in its use as follows: (a) Undeveloped natural land; (b) Trails with the written approval of the Fountain Hills Town Council and Grantor; and (c) no other uses or structures, except those specifically allowed herein, are permitted. 2. Notwithstanding the foregoing, Grantor reserves the right to access the Property in order to create an acceptable desert landscaping and for any and all maintenance of the Property as deemed appropriate in Grantor's sole and absolute discretion. 3. All matters of record, including but not limited to the Operation and Easement Agreement recorded contemporaneously herewith for Four Peaks Plaza Shopping Center. EXEMPT pursuant to A.R.S. Section 11-I 134(A)(3). -1- 396151.02 20010677671 DATED this dog` day of July, 2001. BARCLAY HOLDINGS XVII, L.L.C., An Arizona limited liability company FV State of f�r i z oric. County of A_0.r t 4 The foregoing instrument was acknowledged before me this a0rO' day of July, 2001, by Scott Archer, the Manager of Barclay Holdings XVII, L.L.C., an Arizona limited liability company, on behalf of the limited liability company. (Seal and Expiration Date) KAROL D. NELSON Public Arizona ` Marlcopa County y Commission Exores Notary Public JKNotory March 1. 2003 -2- 396151.02 20010677671 EXHIBIT A kTract A FOUR PEAKS PLAZA, according to the plat of record in Book Vu of Maps, page Official Records of Maricopa County, Arizona. -A- -3- 396151.02 APR-03-2002 10:23 FROM GUST ROSENFELD TO 5271##016478410001948 P.03 When Recorded Return To: Town of Fountain Hills 16836 East Palisade Boulevard Fountain Hills, Arizona 85268 Attn.: William Farrell (Tract A -- Center Mitigation Area) SPACE ABOVE THIS uNK MR RSCORDER'S USE ONLY CORRECTIVE QUIT -CLAIM DEED and RESTRICTIONS This Corrective Quit -Claim Deed and Restrictions is made this - e day of 6r bra , 2002. 13ARCLAY HOLDINGS XNU L.L.C•, an Arizona limited liability company ("Grantor"), hereby quit -claims to the TOWN OF FOUNTAIN IIILLS, ARIZONA, an Arizona municipal corporation ("Gr-Antee"). Whereas Grantor previously recorded that certain Quit -Claim Deed and Restrictions dated July 20, 2001, and recorded on July 27, 2001, in instrument No. 2001-677671, Maricopa 4 County Records ("Prior Deed"); and Whereas tbis Corrective Quit -Claim Deed and Restrictions is being recorded solely to correct the use restrictions to which the real property referenced in the .Prior Deed is subject. Now, therefore, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby quit -claims to Grantee any and all right, title and interest of Qrazltor in and to iho property described on Eyhibit "A," attached hereto and by this reference incorporated herein (the "Property")_ THE 1;'ROPERTY conveyed pursuant to this Deed is subject to, and Grantor hereby imposes upon the Property hereby conveyed certain covenants, conditions, restrictions, easements, servitudes and other provisions nm ing with the land and binding title to the Property and all owners of any portion thereof or interest therein, whether or not referenced in any future deed or instrument as follows: 1, The Property will be restricted in its use as follows: (a) Undeveloped natural land; (b) Trails with the written approval of the Fountain Hills Town Council and Grantor; APR-03-2002 10:23 FROM GUST ROSENFELD TO 5271#016478#10001#48 P.04 (c) Wireless communications facilities as permitted by the Zoning Ordinance for the Town of Fountain Hills; provided, however, such use right in this clause (c) is specifically conditioned on Grantees pernutting Orantor, its successors and assigns the reciprocal right to wireless communications facilities on adjacent lands owned or occupied by Grantor, its identified successors and assigns; and (d) no other uses or structures, except those specifically allowed herein, are permitted. 2. Notwithstanding the foregoing, Grantor reserves the right to access the Property in order to create an acceptable desert landscaping and for any and all maintenance of the Property as deemed appropriate in O,rantor's sole and absolute disarction. 3. All matters of record, including but not limited to the Operation and Easement Agreement recorded contemporaneously herewith for Focu Peaks Flaw. Shopping Center. EXE..W, T pursuant to A.R.S. Section 11�1134(A)(3). DATED this teday of _v fir,_, 2002. BARCLAY HOLDXNGS XVIL L.L.C_, An Arizona limited 1101Wcoinpany : Manager State of A r; z OKa- County of ico The foregoing instrument was acknowledged before me this 19"' day of 2002, by Scott Archer, the Manager of Barclay Holdings XVII, :L.L.C., an Arizona limited liability company, on behalf of the limited liability company. (Seal and Expiration Date) KROL .NESON Noar�ry"jonW County 1xk.& F Notary Public -2- APR-03-2002 10:23 FROM GUST ROSENFELD TO 5271#016478#10001#48 P.05 t.11: Tract A, FOUR PEAKS PLAZA, according to the plat of record in Book 563 of Maps, page 39, Official Records of Muicopa County, Arizona. -3- TOTAL P.05 TOTAL P.05 Meeting of 2000-6-15 Regular and Executive Session MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 15, 2000 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. Present were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers John Wyman, Leesa Fraverd, John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Tom Irvine, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.4., AND A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES; AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY WITH REGARDS TO THE POSSIBLE ACQUISITION PARCELS IN THE MCDOWELL MOUNTAIN; RESPECTIVELY. Mayor Morgan called for a vote to go into Executive Session at 5:30 p.m. Vice Mayor Hutcheson MOVED that the Council recess the Regular Secession and convene the Executive Session and Councilman McNeill SECONDED the motion, which CARRIED unanimously. ITEM #2 — RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 6:25 p.m. ROLL CALL: - Following the pledge to the flag and the invocation by Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church, roll call was taken. The following members of the Fountain Hills Town Council were present: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers John Wyman, Leesa Fraverd, John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Tom Irvine, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF ,TUNE 1, 6 AND 13. 2000. ITEM #2 - CONSIDERATION OF A PRELIMINARY REPLAT OF LOTS 1,11, AND 12, BLOCK 3, PLAT 102, A LOT JOIN OF THE THREE LOTS LOCATED AT THE NORTHWEST CORNER OF PALISADES BOULEVARD AND LA MONTANA DRIVE, CASE NUMBER S2000-004. ITEM #3 - CONSIDERATION OF A FINAL REPLAT OF LOT 34, BLOCK 2, PLAT 505A, A 3- Page 1 of 15 WAY LOT SPLIT LOCATED AT 15873 E. TEPEE DRIVE, CASE NUMBER S2000-007 ITEM #4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY RICHARD FLOYD FOR THE PARKVIEW TAP HOUSE LOCATED AT 16828 EAST PARKVIEW UNIT B AND C. THE APPLICATION IS FOR A CLASS 12 RESTAURANT LICENSE. ITEM #5 - CONSIDERATION OF THE RENEWAL OF THE ANNUAL MOWING AND LANDSCAPE CONTRACT FOR FISCAL YEAR 2000/2001. Vice Mayor Hutcheson MOVED to approve the Consent Agenda as read. Councilwoman Fraverd SECONDED the motion. A roll call vote was taken with the following results. Councilwoman Ralphe — aye Councilwoman Hutcheson - ave Councilman Wyman — aye Councilman Kavanagh - aye Councilman McNeill - aye Mayor Morgan - aye Councilwoman Fraverd - aye The motion CARRIED unanimously with a roll call vote. ITEM #6 - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE UNEXPIRED TERM OF FORMER PLANNING AND ZONING COMMISSIONER LEESA FRAVERD. Mayor Morgan MOVED to nominate Tom Fox to fill unexpired term of Former Planning and Zoning Commissioner Leesa Fraverd and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. ITEM #7 - CONSIDERATION OF RESOLUTION 2000-27,_APPROVING THE ISSUANCE AND SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA, MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATIVE TO SUCH SALE. THESE MUNICIPAL PROPERTY CORPORATION BONDS ARE FOR THE NEW COMMUNITY CENTER. Town Manager Paul Nordin called upon the Town's financial consultant, Bob Casillas, to address this item. He said staff was recommending $5.5 million and would finance the construction costs for the community center. He noted the $5.5 million not only took care of the building costs but also the estimated construction that was yet to take place, amenities, and issuance costs, etc. Mr. Casillas reviewed the information he distributed to the Council. He discussed the financing calendar that would be followed. He highlighted some of the activities that had taken place and future activities to close this transaction. He acknowledged that the MPC Board had met and gone through the information. It was their recommendation to bring the resolution to the Council for approval. He pointed out that a notice would be placed in the local paper offering the bonds to interested local residents. He expected to underwrite the bonds as of June 261h. He said that his office would extend an invitation to the Administration, Councilmembers, and MPC Board members to come to their office on June 26th to review the process and find out to whom the bonds were being sold. He anticipated closing the transactions on July 17`h and depositing monies with the trustee so that the Town could begin construction. Page 2 of 15 Mr. Casillas explained that at Councilman Wyman's request, the "not to exceed" figure appeared in documents prepared by Mr. Ruby's office, read not to exceed $5.5 million as that was the cap. He noted how the $5.5 figure had been determined. He said that there were some unknown variables in terms of the reserve fund. He acknowledged that it was unknown at this time whether or not the Town would qualify with one of the insurance companies for a surety policy in lieu of funding the reserve fund out of bond proceeds. In an effort to be prepared, he said they had increased the size of the bond issue in an effort to meet the federal tax law. The law stated that the reserve requirement would be 10% of the amount of bonds issued, roughly $500,000. Therefore, the size of the bond issue had been increased by $500,000 to allow for the possibility that the Town would not obtain the surety policy. He said they do anticipate the Town qualifying for the surety policy. They would be working with administrators to make the decision to pick the policy or whether to fund out of bond proceeds. He said this would give the Town the flexibility to go either way, not knowing at this time whether or not the Town qualified. He said they anticipated Moody's rating the Town as A2. He explained that with regards to the GO bonds the Town was rated Aa3 as those bonds were a property type of obligation and more secure than revenue bonds. He said that typically the revenue bonds might be rated a'/z grade lower than the GO bonds. Until they held further discussions with Moody's with feedback on the structure of the deal, the coverage rate, which shows excise tax as a source of repayment for the bonds, the Town was 19 times covered. This was based on the figures from the last fiscal year's excise taxes for the amount of debt that was being issued. Mr. Nordin said he had started to explore the value of segregating a portion of the undesignated reserve as the reserve account for the bond issue. If it proved to be of value, he said they would consider that option also. Mr. Casillas said that if the reserve fund was funded out of the bond proceeds, the Town would be able to invest the reserve fund at the rate of the bonds and earn interest. They then could use those monies to make any payments. He said the reserve fund was there just in case any unforeseen event happened. If the Town was not able to make a debt service payment, the reserve fund was there to make that payment. Hopefully, if those funds were not accessed for the next 20 years, the Town would basically use those monies in the reserve fund to make the last payment or potentially, because of the earnings growth, the last two payments. Councilman Wyman said the project budget was $4.6 million. The Town was putting out a bond for up to $5.5 million. He realized that if the amount was unnecessary, the entire sum would not have to be used, creating a $900,000 buffer, $74,000 a year in debt service for the period of the bond. He thanked staff and Mr. Casillas for providing the information. Mr. Casillas reiterated that the "not to exceed" figure was the $5.5 million and the bond run was expected to run $5.1 million, which included the reserve fund out of bond proceeds. Councilman Wyman asked for clarification on why the Mountain Bond had not been issued allowing the Town to earn the interest on that bond money. Mr. Casillas responded that when bonds are issued there must be a reasonable expectation that those bond proceeds would be expended within a three-year period of time. Councilman Wyman asked if the rules were the same for bonds issued through a municipal property corporation as they are for general obligation bonds serviced through property taxes. Mr. Casillas agreed that the rules were the same. Councilman McNeill asked for clarification that the interest earned on the reserve fund would not be subject to restriction. Mr. Casillas said the interest earned could be used for the project. Councilman Kavanagh asked what the cost of the surety policy would be and would the payment on that be included in the overall bond amount. Mr. Casillas distributed and reviewed the computed estimated fee costs when the last internal figures were run regarding the sources and uses. He explained that if the Town qualified for the surety policy and decided to take it, the premium paid to the insurance company would be roughly 2'/2% to 4% of the total reserve amount. He calculated it to be approximately a $25,000 premium going to the insurance company in lieu of funding the reserve fund out of the bond proceeds. Page 3 of 15 Councilman McNeill asked that if local residents showed interest, would bonds be set aside for them. Mr. Casillas confirmed that in the past they had given priority to orders that came in to their office from Fountain Hills. He hoped there would be local interest. Councilman Wyman MOVED to approve Resolution 2000-27 as presented and Vice Mayor Hutcheson SECONDED the motion, which CARRIED unanimously. ITEM #8 - PRESENTATION BY TOWN ATTORNEY BILL FARRELL ON CHANGES TO THE OPEN MEETING LAW IN THE STATE OF ARIZONA. Town Attorney Bill Farrell reviewed a handout presented to the Council noting all the changes made by the Legislature regarding the Open Meeting Law. He stated that the changes would become effective July 181h. He pointed out the text additions appeared in all caps while the text that was crossed out would be deleted. (See packet material for copy.) Councilwoman Fraverd inquired if the same information would be given to the commissions. Mr. Farrel] replied that the commissions held an advisory role and rarely held executive sessions. His focus was on the Council's compliance. Mr. Farrell noted that his office would develop a handbook for distribution to all public bodies. He acknowledged that the Town staff was in compliance already with their procedures in place. He pointed out there would be small changes in the agenda at the first August meeting. Mayor Morgan called for a 5-minute break at 7:27 p.m. Mayor Morgan reconvened the meeting at 7:32 p.m. ITEM #9 - UPDATE BY SENIOR CIVIL ENGINEER JIM LEUBNER ON LARGE PENDING ENGINEERING PROJECTS INCLUDING THE WIDENING OF SHEA BOULEVARD, THE GOLDEN EAGLE DAM IMPROVEMENTS AND THE LAKE LINER REPLACEMENT. Senior Engineer Jim Leubner reviewed there were three significant projects underway in the Town. He said he would review the Shea Boulevard Widening Project and the Golden Eagle Dam Improvements. Ryan Rhoades would review the Fountain Park Liner Project. Shea Boulevard Widening Mr. Leubner displayed a map of the project area. He pointed there were two sides to the project: the Palisades Blvd. side and the Beeline side. • He pointed out the section of Shea Boulevard from 144th St. to Palisades Blvd., as indicated on Exhibit #1, as to what the improvements would entail. He announced the notice to proceed on this portion of the project was anticipated to be July loth, the starting date to be July 1Ith, and a contract period of 150 days. He explained that the cost of this part of the project was $1.29 million of which the Town's portion would be $430, 000. • He displayed Exhibit #2 (Beeline segment) and explained the improvements to be constructed. He explained that the cost of this part of the project was $181,000 of which the Town's portion was $54, 000. Golden Eagle Park Dam • He described and reviewed the changes that were anticipated. He noted that Hunter Contracting was the contractor on this project. He pointed out that this company was also the contractor for the Shea Blvd. widening project. He said the project was started on June 5th. He stated they were on schedule Page 4 of 15 to complete the project in November and might finish in October. Mr. Nordin pointed out that staff wanted to give the Council a preview of the expenditures. Next week he would be asking the Council to consider the expenditure of matching funds in next year's fiscal budget. He explained that these projects had been planned for a long time and staff felt it was an appropriate expenditure for the Town. Staff would recommend to the Council that the projects continue. To facilitate the continuance, he would be asking for the Council's approval in next year's budget. Councilman Kavanagh asked what the dimensions of the box culvert were. Mr. Leubner stated the auxiliary box culvert was 4' H x 10' W. Councilman Kavanagh asked what the length was to be. Mr. Leubner estimated the length to be 90' — 100'. Councilman Kavanagh asked if there were any barriers that could be installed to keep the area from becoming a hangout. Mr. Leubner pointed out that issue had been discussed at the review process and it was determined the proposed trash racks would cause a plugging factor. He indicated the culvert must remain clear. Councilman Kavanagh questioned if the bleachers were obscured from view by the dam. Mr. Leubner believed portions of the bleachers would still be open to view. Councilman Kavanagh asked if the Golden Eagle Park parking lot would be periodically shut down due to this project. Mr. Leubner acknowledged that the parking lot area shut down earlier was considered to be the staging area for this project. He said the parking lot was off limits to the public until the project was completed. Councilman Kavanagh asked if the acceleration lane on Palisades Blvd. going towards Scottsdale would be lost in the Shea Widening project. Mr. Leubner responded he would have to look into that. Mr. Leubner introduced Ryan Rhoades from Black and Veatch. Mr. Nordin suggested that Mr. Rhoades give his update under agenda #10. ITEM #10 - CONSIDERATION OF AWARDING THE BID TO HUNTER CONTRACTING COMPANY IN THE AMOUNT OF $1,298,015.66 FOR THE FOUNTAIN LAKE LINER REHABILITATION PROJECT. Mr. Rhoades reviewed the status of the Lake Liner Replacement project. He explained that two bids had been received earlier in the day from Pine River and Hunter Contracting Company. He said these bidders had come from a prequalification that had taken place. The low bidder was Hunter Contracting in the amount of $1,298,015.66. He announced that the bids had come in lower than the engineer's estimate. He reviewed the current events: • Dam installed • Lake dewatering • Aquatic life removal continuing Black and Veatch recommended awarding the contract to Hunter Contracting Company in the amount of $1,298,015.66. He added that if the Council agreed with their recommendation and awarded the contract to Hunter Construction, Black and Veatch would issue the notice of award on June 20 and their firm would continue with the construction activities as follows: • June 23/install temporaryfence around the park • June 30/lake dewater/aquatic life removal • July 1 - August 15/sediment removal • August 15 — October 151geomembrane installation • October 15/substantial completion date • November 1/lake in operation • December 22/final completion Page 5 of 15 Mayor Morgan asked if the fencing would actually be down on December 22"d. Mr. Rhoades responded yes. Mayor Morgan explained that one of the Town's holiday traditions was the annual lighting of the luminaries so the Chamber of Commerce would need to know the final completion date. The planning of the lighting would need to begin in November. Mr. Rhoades said it would be within the Town's authority to remove the fence and open the park at any time during the project. He noted that the lake would not be full by December 22nd. Councilwoman Ralphe asked for reassurance about the workmanship warranty of the contractor. Mr. Rhoades said that under the contract, the contractor would provide a 15-year warranty. He said the material would be warranteed for a much longer period of time. Councilman Wyman MOVED to approve awarding the contract to Hunter Contracting Company as presented in the amount of $1,298,015.66 and Councilman Kavanagh SECONDED the motion. Bruce Hansen. Chairman of Sanitary District Board He cautioned that he did not feel the Town would be able to remove the fencing on December 22nd and that a more realistic date would be the first of February. He expressed that the Town would not want the public or animals walking on the new liner. The motion CARRIED unanimously. ITEM #11 - CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH MCO FOR THE TOWN CENTER II IMPROVEMENTS. Mr. Leubner reviewed that the memorandum of understanding was for the construction of El Lago, landscaping of medians, and associated costs for the Town Center I and H projects. He explained that recently staff had established a cost breakdown. He said that MCO would give the Town $90,000 credit for the future installation of the traffic signal at Avenue of the Fountains & Palisades and $30,372 credit for the medians along La Montana. He explained that both credits would be subtracted from the $220,000, which was the Town's commitment for the Town Center I and H projects in that area. He stated that staff and MCO were in agreement and staff recommended approval of the Memorandum of Understanding and payment to MCO. Councilwoman Fraverd MOVED to approve the memorandum of understanding with MCO as presented by staff and Councilman McNeill SECONDED the motion, which CARRIED unanimously. ITEM #12 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT FOR THE OPERATIONS. MAINTENANCE AND SCHEDULING OF SCHOOL AND TOWN FACILITIES. Mr. Nordin explained that this IGA represented a consolidation of three existing IGAs with the School District. He said no changes had been made in the three that the Council had previously adopted. He pointed out that this project had been worked on collaboratively with the School District for some time and had just recently been completed. He acknowledged that the Town Attorney had reviewed and approved the agreement. He said the consolidation of the three IGAs represented an excellent cooperative effort between the School District and the Town. He was pleased and proud of the relationship established with the School District and recommended approval. Councilman McNeill MOVED to approve the consolidation of three IGA into one IGA with the Fountain Hills School District as presented and Vice Mayor Hutcheson SECONDED the motion. Page 6 of 15 Councilman McNeill pointed out that having a cooperative relationship with the School District saved both the School District and the Town money. The motion which CARRIED unanimously. ITEM #13 - CONSIDERATION OF A TEMPORARY USE PERMIT RENEWAL FOR THE BEDLAM BED AND BREAKFAST LOCATED AT 15253 NORTH SKYLARK CIRCLE, TU2000-04. Senior Planner Geir Sverdrup reviewed the renewal request of the temporary use permit by Bedlam Bed and Breakfast. He pointed out that the applicant was asking for a five-year renewal but acknowledged that the Zoning Code permitted only a maximum of two years. He noted that there had not been any complaints submitted to their department regarding the operation of the Bed and Breakfast. He said staff had also consulted with the Marshals Department, inquiring if they had received any complaints. He had been informed that there were none filed with them. He said it appeared that the applicant had operated under the bounds of their previously issued temporary use permit. He pointed out that the Bed and Breakfast had been operated at various locations in Town over approximately a 10-year period. He said it had been the applicant who brought forward their renewal application. He felt that was unusual. He explained that usually it was the Town staff who had to prod the applicant to submit their application. Mr. Sverdrup acknowledged that they had not received any complaints from the public posting. He said staff had received one letter in full support of renewing the applicant's permit. He said staff was recommending the applicant be approved to operate Bedlam Bed and Breakfast for an additional two -years. Councilwoman Fraverd MOVED to approve the temporary use permit for two years as presented by staff and Councilwoman Ralphe SECONDED the motion. Councilwoman Fraverd asked why the applicant had applied for a five-year permit. Mr. Sverdrup responded that the request had come from his initial conversation with the applicant. He informed them that he would look into it. He found the specific wording in the Code, which restricted the permit for a two-year period. He said in further discussions with the applicant, they decided they were satisfied with the two-year permit. Mike Satori, resident He said that two years ago he had not been notified by mail of the application. He also said the public posting was not posted two years ago. He asked that the Council check out the procedure for public notification. The motion CARRIED unanimously. ITEM #14 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16701 LASER DRIVE, A.K.A. VAN'S STORAGE, ALONG THE EAST SIDE OF THE LOT WHICH FACES TECHNOLOGY DRIVE, CASE NUMBER SU2000-02. Mr. Sverdrup explained this was a reconsideration of the special use permit based upon the Town Attorney's concerns. He said staff had added stipulations, taking into account discussions with individual Councilmembers, area residents, and the applicant. One proposed stipulation did require that the applicant look into the "ridgeline site" located behind R.E. Monk's facility just south of the proposed Target. Other discussions held with other Councilmembers resulted in concern that the site be fully Page 7 of 15 investigated and the Town might not want to approve this site immediately. He advised those Councilmembers that delaying approval was possible, as this was strictly a discretionary permit. This permit would allow the Council to control the time frame and redirect the applicant to another location if the other site was found to be viable. He said that the Council could decide to put restrictions on the effective dates of the special use permit. Should the Council decide to deny the special use permit and the matter became litigious, there would be reasons for the denial. He said staff continued to recommend approval of the special use permit with the additional stipulations. The Planning and Zoning Commission did recommend approval of the site with stipulations. If the "ridgeline site" went to a digital saguaro, it was not co -locatable. Van's site did have the ability to be co -locatable, resulting in one less tower. He noted that there were now nine franchisees in Arizona with very few currently located in Fountain Hills. He pointed out that eventually Fountain Hills will see all nine franchisees coming in for some kind of cellular site. He felt this was the "tip of the iceberg". Representatives from the Tynan Group made their presentation. Ginnie Ann Sumner: Gave a brief overview of how cellular phones and their equipment work. She stressed that wireless services would only continue to grow, requiring more sites. She made three points: • Wireless network development is in direct response to customer demand. • One out of four Americans is using wireless technology. • Carriers have a legally mandated responsibility to provide service in Fountain Hills as they do throughout the State. Peter Drake: He reviewed the proposed project. He said their project had staff support as well as the unanimous support of the Planning and Zoning Commission. He pointed out that their proposed project site satisfied the eight conditions placed on wireless facilities by the Town's General Plan. He addressed the three aspects to the visual impact of the monopole. • Physical configuration of the actual pole and antennas • Appearance of the actual pole and antennas • Appearance of the pole and antennas from the surrounding property • Overall visual context in which the pole and antennas are located. He distributed and discussed the color simulations of the monopole at the proposed Van Storage site from various angles and distances. He emphasized that the monopole would not have adverse visual impact upon surrounding properties. Mr. Drake discussed the planning and construction problems of the two proposed alternative sites that had recently become a potential option. SRP metal junction pole Proposed Stealth Saguaro on the ridgeline site He stressed that to use one of the alternative sites would cost them one to two and one-half times more than to use the Van Storage site. He noted that the estimated time to put either of these alternative sites into service would be extended by an estimated one half -year, even on an accelerated basis. He concluded that from both a cost and planning standpoint, the Van Storage location was most desirable. Councilwoman Fraverd MOVED to approve the special use permit with stipulations as presented by staff and Councilman Wyman SECONDED the motion. Councilman Kavanagh asked which recommendation the Council was being asked to consider: the one with the time constraint or the total rejection. Director Valder responded that it was staffs recommendation for the Council to approve with the stipulations included in the staff report. He said in Page 8 of 15 the event that the Council chose not to approve it, language was included in the report that should be cited in a motion for not approving. Councilman Kavanagh questioned if a stealth saguaro were to be permitted on the ridgeline, would the revegetation of the area regenerate within a year. Director Valder agreed vegetation should be restores within a short period of time. Councilman Kavanagh addressed the additional cost that would be involved for AT&T if they were required to relocate. He felt the consumers could bear the cost of ext work on AT&T's part. He noted that the biggest obstacles for the Town to get the antenna located in a stealth saguaro were the good faith commitment from AT&T to pursue this location and the Town's ability to monitor their pursuit of making a deal with MCO and the Barclay Group. He asked how realistic it was that AT&T could cut such a deal within reasonable time and asked if the Town could expedite the arrangement. Director Valder said he had posed the question to Carl Bommarito (MCO) who stated it would be possible. Councilman Kavanagh asked if the Town would benefit from the rental monies. Director Valder said the monies would be placed in the General Fund. Director Valder stated that the Council would need to be agreeable to construction in desert open space. He pointed out that the principle to which the Council had agreed when they adopted the regulations was that the Town wanted to use poles that were already in existence and not put up new poles. He explained it would be with whatever the Council felt more comfortable:, a new pole where there was neighborhood opposition or approve antenna construction activity in an area that would normally be undisturbed open space. Councilman Kavanagh said AT&T had made a compelling case with respect to the visibility of the pole to the homes in the area. Assuming that was not challenged by anyone, it was a very complete presentation. He said he was now convinced that there wasn't that much of a visibility problem with the homes. He felt, however, that there was an aesthetics problem and he would prefer to use stealth technology if possible. He felt that this time there was cause to deny the permit as the stealth saguaro on the ridgeline site was an alternative site that was a win -win for almost everyone. He noted that the only negative thing for AT&T was a slight increase in installation cost, which could be off set by their consumers. Mayor Morgan asked if the Target issue failed, what would be the Town's position. Community Development Director Valder reiterated that staffs recommendation was to approve the special use permit with the stipulation that if that site can't be used for the stealth saguaro tower, the Council would be approving the pole to be located at Van's Storage site. He said something had to be approved. He stated that the Town must give the applicant the ability to provide service to their customers. He reviewed that if the Council said no to one site, then the burden that shifted to the Council to tell the applicant where they can go. Mayor Morgan asked if there was a time limit when the Town would be getting in to trouble with the law. Community Director Valder said he would prefer the stealth site located on the ridgeline. If it can't be located on the ridgeline, then the Van's Storage site was the preferred site as there weren't any other alternatives. Mr. Farrell responded there was not a site -specific time limit but there was a federal time limit to each of the licensees who bid on the opportunity to provide this service. He explained licensees were given very stringent guidelines from the federal government to reach a certain degree of penetration into a geographic area. He suggested asking the applicant if the timeline from now until the September 12th election was viable. Mayor Morgan asked if additional time would be needed to complete the necessary steps to transfer the land once the election was over. Mr. Nordin responded that staff would work diligently, prior to assuming ownership, after a successful election, to access that property as soon as possible. He suggested the Town might not have to wait until the Town had title as there might be other mechanisms and would work with the landowners and Barclay to complete the process. Page 9 of 15 ,,` Vice Mayor Hutcheson simplified the issue as being approval of the site with the stipulation that if the ridgeline became available, the applicant would have until November 30 to look at the stealth saguaro option. She reiterated that by approving the special use permit with stipulations, the Council was approving two things: • If the ridgeline site became available for use by November 30, the Council would prefer AT&T locate on the ridgeline in a stealth saguaro. • If that were not possible, it would be located at the Van's Storage location. Councilman Wyman said he was impressed with the Tynan Group's presentation. He said there wasn't any incentive for AT&T to choose the stealth saguaro site. He was concerned that this pole was not the end of future poles. Councilwoman Ralphe asked if it was possible to clarify the wording to put the incentive in. The Council was favoring the stealth saguaro. If it weren't possible then it would be located at Van's. Director Valder responded that was the general intent of what he was trying to communicate in stipulation #1 in the staff report. He said if the Council wanted a fail-safe solid mechanism for having AT&T look at the ridgeline and investigate it to the satisfaction of the Council, he proposed the Council reject the special use permit. Then communicate to the applicant that the Council wanted to see the stealth saguaro located on the ridgeline. He said it would then be up to the applicant to convince the Council that it couldn't work. The Town would then sponsor the special use permit to locate the tower at the storage site. He said the stipulation was written in a reasonable manner and he expected them to thoroughly investigate the ridgeline site. He felt the ridgeline site might even expand AT&T's coverage. Councilman Kavanagh said he felt the Council favored the ridgeline site. If there wasn't any other place to put it, the Council realized that it would have to go to Van's. Given the fact that this option could work time wise, he asked if AT&T was denied and they decided to go to court, from a legal standpoint, would the Town lose. Mr. Farrell responded that on total denial there had not been enough cases to identify what type of a written record would suffice and he could not predict what would happen. He said the federal law did not favor local municipalities in the majority of those kinds of cases. Councilman Kavanagh asked for Mr. Farrell's legal opinion as to which option had the best chance of surviving legally. Mr. Farrell stated he felt comfortable with the way that staff had written their recommendation. Councilman McNeill asked if the Glenbrook site was an existing facility. Director Valder stated that pole had been put up prior to the Telecommunications Act of 1996 and the property belonged to US West. It had been approved as a monument. Councilman McNeill thanked the Tynan Group for their presentation and he felt the Van site was a viable site. He favored staffs suggestion. Councilwoman Ralphe asked if the language could be changed to put the responsibility on the Town to investigate the ridgeline site. Director Valder said he would not recommend that the Town be charged with investigating the workability of the site. He suggested that the Town could confirm the studies or reports received from AT&T if they were to conclude the site was not acceptable. The Town could retain a consultant to review their conclusion to see if it really was a poor location or not. Mr. Farrell said the alternative site was a piece of private property that was not being offered by the property owner for consideration. He said he felt uncomfortable under the land use context giving approval to anything in which the owner of the property had not made the application. He said the way the stipulation was written would allow the applicant to explore the option even though there had been some representation by MCO through Mr. Bommarito. No deal had been agreed upon and that piece of dirt was not under the Town's jurisdiction in the context of this application. Page 10 of 15 Councilwoman Fraverd asked if the Council did not approve the tower location at Van's with this applicant, would the Town have a problem if this location were approved for another applicant. Mr. Farrell said precedent was only a legal obligation and that a superior court judge was bound by the printed decisions of a higher court. He said the Council was not bound by precedent but acknowledged that precedents were powerful pieces of evidence in litigation. He said to say "no" to Applicant A and "yes" to Applicant B for the same location made it difficult. He stated Applicant A would ask, why not me. Councilwoman Fraverd stated her concern was that the Council was considering placement of a tower in the Hillside Protection Easement (HPE) and there might be nine carriers who were interested. She said the fake saguaros did not bother her but the disturbance to get to the location did. She would rather not see the land disturbed nine times, with each disturbance a revegetation that is never brought back to natural vegetation. She acknowledged that there wasn't any good site for this tower. She stated that the Planning and Zoning Commission had explored options with the applicant and had tried to find alternate sites. She explained that although it was worth exploring the stealth saguaro site, between the Planning and Zoning Commission and the Council the applicant had been charged numerous times to look at alternative sites. She felt the applicant had complied. She felt there had to be some trust on both sides and when the applicant said he would look at that site, she felt he would. But the Council would have to go to plan B if that site did not work. Peter Drake, Tynan Group He requested a motion from the Council that had a time limit because of the referendum. He asked that if the hilltop did not work from a legal standpoint or voter standpoint, The Tynan Group wanted the Council's conditional approval for the Van's site. He said that from a procedural standpoint, they felt the saguaro option would work. He wanted to know if the Town would approve the land disturbance and a revegetation effort. He wanted to know if they, the applicant, needed to come back to the Council for another round of approvals on the site if the ridgeline site proved to be legally viable. Alternatively, was the Council giving approval this evening for that site in the event it become legally available and a contract could be negotiated. He requested that the Council direct staff to abate the rent for the hilltop due to the increase in the cost to put the tower on the hilltop. He felt it was unjust to charge rent for that particular site. He suggested that they also had the option to come back with another application for a different site. Mr. Nordin summarized Councilwoman Ralphe's concern as wanting to ensure an appropriate and sincere due diligence was done on the hillside. With such investigation being reviewed both by staff and Council, this would allow proceeding with the approval this evening and give the Council the ability to address Councilwoman Ralphe's concern. As to the applicant's comment regarding rent abatement, he would not agree to that but would take it under advisement and report back to the Council at a later date if the stealth site became available. He reiterated that staff would not be excited about rent abatement. Firerock HOA President He thanked the Council for the depth of their discussion and for staffs comments. He stated that he still felt that locating the pole at Van's would adversely affect property values and the views of the mountains. If due diligence was done on the ridgeline and it was found not to work then the homeowners would be satisfied with the Council's efforts. Horace Allen, 15604 Cabrillo Drive He did not want to see a line of stealth saguaros on the ridgeline. He favored the Van's Storage site. Bob Tripp He did not want the pole located at the Van site. Gennie Ann Sumner 1#40.1 She stated, as the applicant, they had met the Town's requirements. She suggested that the staff rewrite Page 11 of 15 the ordinance so future applicants could understand where the Town Council wanted these sites. The motion CARRIED unanimously. ITEM #15 - PUBLIC HEARING ON ORDINANCE 00-09 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.13, TO REQUIRE A CERTIFICATE OF BUILDING PAD ELEVATION AND THE HORIZONTAL POSITIONING OF STEM WALLS AND FOUNDATION FORMS BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO POURING CONCRETE, CASE NUMBER Z2000-08. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:27 p.m. Planner Dana Burkhardt said that staff had problems with contractors not building the pad in the position as was approved on the site plan. He stated that the Planning and Zoning Commission unanimously recommended approval of the text amendment. He said staff also urged the Council to approve it. Mayor Morgan reconvened the regular session at 9:28 p.m. ITEM #16 - CONSIDERATION OF ORDINANCE 00-09 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5ALB, TO REQUIRE A CERTIFICATE OF BUILDING PAD ELEVATION AND THE HORIZONTAL POSITIONING OF STEM WALLS AND FOUNDATION FORMS BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO POURING CONCRETE, CASE NUMBER Z2000-08. Councilwoman Fraverd MOVED to approve the Ordinance 00-09 as presented by staff and Vice Mayor Hutcheson SECONDED the motion, which CARRIED unanimously. ITEM #17 - PUBLIC HEARING ON ORDINANCE 00-10 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.13, TO REQUIRE ALL DISTURBANCE LIMITS TO BE SURVEYED, STAKED, AND CERTIFIED BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY, CASE NUMBER Z2000-09. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:34 p.m. Planner Dana Burkhardt said it was a burden on staff to maintain the disturbance of boundary. Amending the ordinance to add this requirement would greatly aid staff. He noted that the Planning and Zoning Commission unanimously recommended approval as did staff. Councilman Kavanagh asked if the certificate of occupancy was issued once the house was completed. Mr. Burkhardt said that was correct. Mr. Burkhardt explained that the ordinance amendment would allow staff to enforce the Town's present ordinance. Director Valder stated that the staking by the surveyor would occur prior to any construction starting on the site. The staking would have to stay in place until the certificate of occupancy was issued. He explained that when staff checked the chain link fencing, staff did not have any way of knowing where the chain link fence should be without those stakes in place. Shelly Johnson, MCO Properties fir.► She stated they were opposed to any additional restrictions. Page 12 of 15 Councilman Wyman asked that if once a professional surveyor surveyed and staked the property, was it incumbent upon the Town's inspectors to know whether or not the fencing had been moved. He wanted to know if it was readily known if the stakes had not been moved. Mr. Valder said one of the problems now was that when the fence was put up and inspected there weren't any landmarks on the lot that would tell the inspectors if the chain link fence was in the right place. He noted that it was common for people to maximize the disturbance portion of their lot as required on their site plan. This was done so that there was no way for the Town's inspectors to know if the chain link fence was correctly placed without the lot staked. On enforcement problems, when the fence comes down or was moved, staff wanted to see the staking to confirm whether or not there was a problem. Mayor Morgan reconvened the regular session at 9:36 p.m. ITEM #18 - CONSIDERATION OF ORDINANCE 00-10 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.B, TO REQUIRE ALL DISTURBANCE LIMITS TO BE SURVEYED, STAKED, AND CERTIFIED BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY, CASE NUMBER Z2000-09. Councilman Wyman MOVED to approve the Ordinance 00-10 as presented by staff and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. ITEM #19 - PUBLIC HEARING ON ORDINANCE 00-11 TO AMEND SECTION 5.11 (B) OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO ALLOW THE DEVELOPMENT OF COLUMBARIA, INCLUDING ANY ACCOMPANYING FEATURES SUCH AS WALKWAYS, TO BE EXEMPTED FROM THE GRADING STANDARDS, BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z2000-06. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:36 p.m. Community Development Director Valder said that a couple of months ago the Council initiated this amendment to Chapter 5 of the Zoning Code that would exempt the disturbance for columbaria as an accessory use to a church by special use permit. Specifically he said staff was responding to a request by Shepherd of the Hills Lutheran Church to create columbaria on a portion of their property that was in a non -disturbance area on their land. He pointed out that the church had already maximized their disturbance limits for the site and they wanted to create the ability to apply for a permit to create columbaria. He said this amendment would only apply to churches and columbaria. He did not anticipate receiving any more applications other than that from Shepherd of the Hills Lutheran Church. He pointed out the Town could receive more applications if another church wanted to have one of these on their property. He stated that on May 215t' the Planning and Zoning Commission voted 6 — 1 to approve. Chairwoman Fraverd had cast the nay vote. He said staff recommended approval. Councilwoman Fraverd corrected Director Valder with regard to the Planning and Zoning vote on this item. She said it was 5 — 1 in favor of recommending approval as Commissioner Dragawickz had been absent that evening. Councilman Wyman reiterated that this item was to agree that such a special use process would be available but in no way approved it. He also commented that approval of this item did not approve Shepherd of the Hills Lutheran Church's application. Councilwoman Ralphe said she wanted to avoid a "foot in the door" situations. She commented this Page 13 of 15 might be called such an item. As this applied only to churches and there were limited numbers of churches in Fountain Hills so she did not consider this a "foot in the door" consideration. Arthur Beck, 16202 Glenbrook He said he and his wife lived in Fountain Hills by choice. He wanted the opportunity to extend that when the time comes as another place to enjoy. Mayor Morgan reconvened the regular session at 9:40 p.m. ITEM #20 - CONSIDERATION OF ORDINANCE 00-11 TO AMEND SECTION 5.11 (B) OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO ALLOW THE DEVELOPMENT OF COLUMBARIA, INCLUDING ANY ACCOMPANYING FEATURES SUCH AS WALKWAYS, TO BE EXEMPTED FROM THE GRADING STANDARDS, BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z2000-06 Councilman Wyman MOVED to approve the Ordinance 00-11 as presented by staff and Vice Mayor Hutcheson SECONDED the motion. Councilwoman Fraverd stated she was opposed to other disturbance in the HPE. The principle behind her decision to deny was that with proper planning any kind of disturbance should stay out of the HPE. The church that was bringing this forward was brand new and the planning had not been there. She acknowledged that there was another church in the planning process and felt that it would send a message to them saying that you don't have to stay within your disturbance and non -disturbance areas. It was her understanding that with Shepherd of the Hills Lutheran Church there were alternate locations and they would not have to go into a non -disturbance area. She felt this issue deserved another long hard look. She said she could not support this item. Councilman McNeill shared Councilwoman Fraverd's and Councilwoman Ralphe's concerns. He felt the Council was talking about a very limited circumstance here and columbaria, by the nature of the facility, indicated it would be sensitively designed and constructed. The language in the amendment required that for a special use permit to be issued there must be minimal alteration of the existing topography. He said it was something that the Council should support. Pastor Joel Bjerkestrand. 14735 Miramonte Way He responded to Councilman McNeill stating that it was Shepherd of the Hills Lutheran Church's intention to be very sensitive in the area. The proposed area was in a desert setting and they wanted it to remain a quiet desert garden setting area with the same or similar vegetation. The motion CARRIED on a vote of 6-1. Councilwoman Fraverd cast the nay vote. ITEM #21 - CALL TO THE PUBLIC. No one came forward. ITEM #22 - ADJOURNMENT. Councilman Kavanagh MOVED to adjourn the meeting. Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:45 p.m. Page 14 of 15 ATTEST: Cassie B. Hansen Director of Administration/Town Clerk TOWN OF FOUNTAIN HILLS Sharon Morgan, Mayor CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the 15th day of June 2000. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of July 2000. PREPARED BY: Cassie B. Hansen, Town Clerk Bev Bender, Executive Assistant Page 15 of 15 � � s l� € �' twow� irr•t n sw ,•.....e. •s-s n C 8� �sr a R ?a 6� Lp :i Q L ~ r iu ICY RA y¢ :€ss $6 6 Zip Y gs 1 ti � i6d 4r�a leg a � e o llE—d ZO/ZO d 90E-1 999ZZZSZ09 dnOMVNA1/1X3NVNAl—NOH 069:01 ZO—ZO—AYN Vl _J Q F- W Z J W V) O L� N O I Q LLJ W = ono ^moo W LwwJ f-- U W Z O V L- w L O 2 �, w Q Ul U "l O Q �- o O Z N � O O a O ct L. mile, —J o vi fil ix U U N �O Q O a OV W W CO W V Z W \O cr w J U J a ova U LJ y=j 0 fV W r LL) x U Z wW v 0 ►- (rFli w d i? 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