HomeMy WebLinkAbout2002.0801.TCREM.Packet�TAIN �l
o �
3 0.
4
frc 19
that is A�
NOTICE OF REGULAR AND EXECUTIVE
SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Jon Beydler
Councilman Rick Melendez Councilman Mike Archambault
Vice Mayor Leesa Fraverd Councilman John Kavanagh
Councilwoman Kathy Nicola Councilwoman Susan Ralphe
WHEN: THURSDAY, AUGUST 1, 2002 (REVISED 7/31/02 — SEE BELOW)
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 8115191
1t is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to
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.
CALL TO ORDER AND ROLL CALL — Mayor Beydler
1.) Pursuant to A.R.S. §38431.03.A.1., AND A.R.S. §38431.03.A.4, AND A.R.S. §38431.03.A.7, VOTE TO GO INTO
EXECUTIVE SESSION FOR: Discussion or consideration of employment, assignment, appointment, promotion,
demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body,
except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion
or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such
personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee
to determine whether such discussion or consideration should occur at a public meeting. (The Council will discuss the
proposed contract for the new town manager.); AND 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 Hoffman/Robinson/Knapp vs. Town, et al.; AND Discussions or consultations
with designated representatives of the public body in order to consider its position and instruct its representatives
regarding negotiations for the purchase, sale or lease of real property, specifically the terms of the lease for Town Hall
office space.
2.) RETURN TO REGULAR SESSION
Town of Fountain Hills Page 1 of 3 Last printed 07/31/02 3:32 PM
CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler
INVOCATION — Pastor David Iverson, Fountain Hills Assembly of God
ROLL CALL
Consent Agenda:
All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of June 24, 25, 27, 28, and July 2, 5, 11, 16 and
19, 2002.
*2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Myles Mooney for the Alamo Saloon
located at 11807 North Saguaro Boulevard. The application is for a transfer of the existing Class 6 Bar License to
the new owner.
*3.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Kenneth Bowman
for the American Legion Post 58 located at 16837 East Parkview Avenue. The license will be used for a fund
raising event scheduled for Saturday, August 17, 2002 from 9:00 a.m. to 10:00 p.m.
*4.) Consideration of APPROVING A TECHNICAL SERVICES CONTRACT with Phoenix Highway Services,
Inc. for traffic signal inspection, testing and maintenance services in the amount of $26,340.
*5.) Consideration of APPROVING THE RENEWAL OF THE ANNUAL ASPHALT AND CONCRETE
CONTRACTS with Markham Contracting.
*6.) Consideration of APPROVING THE RENEWAL OF THE ANNUAL WASH MANAGEMENT
CONTRACT with Five Star Landscaping.
7.) Discussion and POSSIBLE ACTION REGARDING THE TOWN'S ROLE in a September I Ith remembrance
ceremony.
8.) PRESENTATION by Mr. Raphael Bear, General Manager of the Fort McDowell Yavapai Nation, on the benefits
of Proposition 202 — "The 17-Tribe Indian Self Reliance Initiative".
9.) DISCUSSION AND POSSIBLE ACTION REGARDING THE EMPLOYMENT AGREEMENT for the
position of town manager of the Town of Fountain Hills.
10.) Consideration of AUTHORIZING THE VICE MAYOR to sign the contract for fire protection and emergency
services with Rural Metro approved at the June 6, 2002 Town Council meeting per the Fountain Hills Town Code
Section 2-2-6.
11.) PUBLIC HEARING to receive public comments on a request for a Special Use Permit to allow a detached guest
house with RV garage at 15855 E. Firerock Country Club Drive, aka Final Plat Firerock Country Club Parcel D,
Lot 39, Case Number SU2002-04.
12.) Consideration of a SPECIAL USE PERMIT to allow a detached guesthouse with RV garage at 15855 E.
Firerock Country Club Drive, aka Final Plat Firerock Country Club Parcel D, Lot 39, Case Number SU2002-04.
13.) Consideration of the PRELIMINARY PLAT for the 19-lot, 6-tract, 30.007±acre Palatial Estates subdivision,
located north of Shea Boulevard and west of Fountain Hills Boulevard, Case Number S2000-052.
14.) UPDATE regarding the printing of the Compass publication, with possible direction to staff on implementing cost
reduction measures.
Town of Fountain Hills Page 2 of 3 Last printed 07/31/02 3:32 PM
15.) PUBLIC HEARING on RESOLUTION 2002-31, adopting the tentative budget as the 2002-2003 fiscal year
budget for the Town of Fountain Hills.
16.) Consideration of adopting RESOLUTION 2002-31, adopting the tentative budget as the 2002-2003 fiscal year
budget for the Town of Fountain Hills.
17.) Consideration of AWARDING THE BID for fifteen self-contained breathing apparatus to United Fire in the amount
of $51,551.16. This purchase was approved in the budget and will be reimbursed with FEMA grant funds.
18.) Discussion of AN ETHICS POLICY for the Town of Fountain Hills with possible direction to staff to draft a
document for Council consideration.
19.) 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
Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters
raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Council members may respond to criticism, ak staff to review a matt or sk that a matter be put on a future agenda.
DATED this 3 Vt day of July,
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.
Changes to the 7/26/02 edition of the agenda for the 8/1/02 council meeting include the following:
1. Discussion of council members' personal liability was moved to the 8/15/02 at the request of Councilman
Melendez.
2. Discussion of revisions to the proposed contract for the town manager position was added to the Executive
Session. This item was continued at the Special Council meeting on 7/29/02 for discussion in Executive Session
as well as possible action at the public meeting.
3. A new agenda item #9 was added allowing discussion and possible action on an employment agreement for town
manager per the continuance noted above.
THIS AGENDA POSTED:
Wednesday, July 31, 2002
Town of Fountain Hills Page 3 of 3 Last printed 07/31/02 3:32 PM
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL 1
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRA N
Date: 7/26/2002
Re: AGENDA ITEM #2 — ALAMO SALOON LIQUOR LICENSE
AGENDA ITEM #2 — ALAMO SALOON LIQUOR LICENSE APPLICATION
Mr. Myles Mooney has submitted a liquor license application for the Alamo Saloon located at
11807 North Saguaro Boulevard. The application is a request to transfer the existing Class 6 Bar
license to the new owners of the establishment, Myles Mooney and Gary Dutton. Marshal Tate
has performed his background investigation and has forwarded a favorable recommendation
based on compliance with statutory requirements. The building has been posted for the
statutory twenty -day period and no written arguments have been received at Town Hall. Based
on statutory compliance, staff recommends approval.
Page 1 of 1 August 1, 2002 Agenda Item Last printed 7/26/2002 12:10 PM
7/26/2002
FOUNTAIN HILLS MARSHALS MEMORANDUM
To: Bev Bender, Executive Asst. to Town Clerk
From: Todd Tate, Interim Town Marshal
Date: 07-11-02
Subject: Liquor License Application — Alamo Saloon
The purpose of this memorandum is to endorse the attached application for a class 6 liquor license at
the Alamo Saloon. The application, submitted by Mr. Miles Mooney, requests transfer of an
existing class 6 license from Shawna Worden of Fountain Hills. This matter is scheduled for
Council review at the August Is` meeting.
A class 6 license allows on premise sale of liquor. The license specifically prohibits sales within
300' of a church or school and leaves the question of proliferation of liquor "establishments" up to
the local jurisdiction. A review indicates no churches or schools in the area and predominately
restaurants with class 12 licenses in the immediate vicinity.
According to ARS 4-2-202A pertaining to liquor license applications, an applicant cannot have a
criminal record and must be a resident of the state. Our background investigation revealed no wants
or warrants on Mr. Mooney as the applicant. It also shows that he is an Arizona resident holding a
valid state drivers license, #00080955.
The facility itself is located at 11807 N. Saguaro and in February of this year a site inspection was
conducted by the state liquor investigator for Fountain Hills with no violations regarding title 4.
Further, there have been covert inspections with no violations being found. A valid class 6 license
(#06070542) is in place at the location. The Alamo Saloon also has a town business license (#4163),
valid through November of 2002 in effect at the facility.
I am recommending approval by the Council at their August Is` meeting. This recommendation
is based on several factors including: compliance with all provisions of title 4; the fact that a
valid class 6 license is in effect following previous approvals by the Council; that the application
for a class 6 license is consistent with the liquor sales currently being conducted on the premises;
that there are no churches or schools within 300'; that the applicant has no outstanding wants or
warrants; and that a valid Fountain Hills business license is in effect for the facility.
Todd Tate
Interim Town Marshal
MEMORANDUM
TO: Interim Town Marshal Todd Tate
FROM: Bev Bender, Executive Asst. to the Town Clerk
DATE: June 21, 2002
SUBJECT: Alamo Saloon — New Liquor License
Please review the attached application and provide your staff report. The liquor notice
was posted today, June 21, 2002. A new business license application was given to the
new owner, Mr. Myles Mooney. He was informed that he must apply for a new business
license, as the previous owner's license was not transferable.
This matter has been scheduled for Council consideration at the 8-1-02 Council meeting.
If you have any questions, please contact me at 816-5115.
•
. ARI.ZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 n Tucson AZ 85701-1352
(602) 542-5141 no.. �'i''�C' (520) 628-6595
APPLICATION FOR LIQUOR LICpp
E J U N 2 0 2002
TYPE OR PRINT WITH BLACK INK FounrrAJN HILLS
Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders,
Officers, or Managers actively inV olveT"e 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.
p cc s E- (e . -11 , p l
SECTION 1 This application is for a: G yl � ptoO -7O, j
It
SECTION 2 Type of ownerssmp: `7-t I - d
14 INTERIM PERMIT Complete Section 5
❑ J.T.W.R.O.S. Complete Section 6
❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17
❑ INDIVIDUAL Complete Section 6
19 PERSON TRANSFER (Bars & Liquor Stores ONLY)
❑ PARTNERSHIP Complete Section 6
Complete Sections 2, 3, 4, 11, 13, 15, 16, 17
ZL CORPORATION Complete Section 7.
❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY)
❑ LIMITED LIABILITY CO. Complete Section 7
Complete Sections 2, 3, 4, 12, 13, 15, 16, 17
❑ CLUB Complete Section 8
❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE
❑ GOVERNMENT Complete Section 10
Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required)
❑ TRUST Complete Section 6
❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17
❑ OTHER Explain
SECTION 3 Type of license and fees:
LICENSE #:
1. Type of License: Ste$ (� 2. Total fees attached: $
APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE.
it A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
SECTION 4 Applicant: (All applicants must complete this section)
Mr.
1. Applicant/Agent's Name: Ms.
(Insert one name ONLY to appear on license) , Last
2. Corp. /Partnership/L. L. C.: UrSERjT \jEPCr-
(Exactly as it appears on Articles of Inc. or Articles of Org.)
3. Business Name: f3-Jj2AW � jC0,6I
p!' (EzacF*A,it appears on the exterior of premises)
4. Business Address 1. /1-61 VC%
Middle
(Do not use PO Box N e ),,, City COUNTY
/,t�
5. Business Phone ( 0�7 j'�} �$d - 7 j 7 ���%%� Residence Phone: (L
6. Is the business located within the incorporated limits of the above city or town? DYES ❑NO
7. Mailing Address: %Co S. 40/)6n2Ot* -C 67- n dP.,Vj
City State Zip
8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY)
Accepted by: At
Fees: "10 o /
Application Interim Permit
DEPARTMENT USE ONLY
Date: & // D v,
Agent Change Club
Lic.# 10L070cl,�
yam- $ 'aW"-4,
F. Prints TOTAL
PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WArmG PERIOD.
YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE.
LIC 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027.
SECTION 5 Interim Permit:
1. If you intend to operate business while your application is pending you wi f..Ci Interim Permit pursuant to A.R.S. 4-203.01.
2. There MUST be a valid license of the same type you are applying for currently issued to the location.
3. Enter the license number currently at the location. 0 (eoj w j
4. Is the license currently in use? 19 YES ❑ NO If no, how long has it been out of use?
ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION.
A ('dP , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER,
(Print frill name)
PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. OFFICIAL SEAL
LAUREN MERRETT
State of Notary P�plicMTY St PAN Arizona
The fore ro WtrLh1Y&ffWfy0t1kTb01MgWbfbre me this
(Signature)
Pp —day of Ialyy _.
Day of Month Month Year
My commission expires on:451
(Signature of tOTARY PUBLIC)
SECTION 6 Individual or Partnership Owners:
EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH 4
1. Individual:
Last First Middle % Owned Residence Address City State Zip
q
Partnership Name: (Only the first partner listed will appear on license)
General -Limited Last First Middle % Owned Residence Address
Citv State Zin
❑ ❑
❑ ❑
q
(ATTACH ADDITIONAL SHEET IF NECESSARY)
2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO
2
Bill of SaleDLLC
FN CONSIDERATION OF THE SUM OF: ZOO
1JUN ►► '►p 2-3I
****Three Hundred Fifty Six Thousand and***********************00/100DOLLARS
lawful currency of the United States of America, and other valuable consideration, receipt of
which is hereby acknowledged, the SELLER:
J & S Concepts, LLC, an Arizona Liability Company
hereby grants, bargains, sells and transfers unto the BUYER:
Desert Viper, Inc., an Arizona Corporation
and his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the
following described personal property, goods or chattels:
That certain business known as, The Alamo Saloon, presently located at, 11807 N. Saguaro Blvd.,
Fountain Hills, Arizona 85268, including all right, title and interest in the business tradename,
tradestyle, goodwill, leasehold interest and improvements, inventory, a covenant not to compete,
liquor license # 06070452 and that certain equipment per the attached Exhibit "A", which exhibit is
incorporated herein by reference.
This bill of sale is conditional on and subject to the liens, terms and conditions imposed by that
certain promissory note and chattel security agreement by and between the buyer and seller entered
into this same date.
Subject to a secured interest held by New Visions, LLC.
FURTHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and
hereby certifies, under oath, that he, she or they have good right to sell the same as aforesaid, and
that the above described property is free and clear of all claims, liens and other encumbrances
whatsoever, EXCEPT, as specified herein. Seller further agrees to warrant and defend same
against the lawful claims and demands of all persons whomsoever.
DATED THIS I Ith day of June, 2002.
J & S Concepts, LLC, an Arizona Limited
Liability Company
I -IL
A
Shawna Wev e n
STATE OF ARIZONA ) ACKNOWLEDGMENT
COUNTY OF MARICOPA
Arlennwledoed before me on this (/ day of, 2002, by Shawna Worden, Member
signing on behalf of the limited liability compa.
N T' Y PUBLIC
E#22-9637
OFFICIAL SEAL
E
ROLE LYNN THOMACKRY PUBLIC -STATE OF ARIZONAMARICOPA COUNTY
omm. Expires July 4, 2004
01
Zooz juv
M
O
A
I
H
M
M
R
Dall
JUN.
0
E
SECTION 7 Corporation/Limited Liability Co.:
EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD.
CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8.
❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copyl'es of Org. and Operation Agreement.
1. Name of Colporation/L.L.C.: rzg�;56 ;E:7— Ys-P,6z � (f ,
(Exactly as it appears on Articles of Inc. or Articles ' n
2. Date Incorporated/Organized: .:5 ;;2 L Z State where Incorporated/Organized: ?/
3. AZ Corporation Commission File No.: 10_:b3C6_-O Date authorized to do business in AZ:
4. AZ L.L.C. File No: Date authorized to do business in AZ:
5. Is Corp./L.L.C. non-profit? ❑ YES QKNO If yes, give IRS tax exempt number:
6. List all directors/officers in Corporation/L.L.C.:
Last First Middle
Residence Address
(ATTACH ADDITIONAL SHEET IF NECESSARY)
7. List stockholders or controlling members owning 10% or more:
Last First Middle % Owned Rrsifiennp Aririrrss
rity .Ctata Tin
r
s
(Al-1'ACH ADU111UNAL SHE I' lF NECESSARY)
8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent
entity. Attach additional sheets as necessary in order to disclose real people. N I
SECTION 8 Club Applicants: I
EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD.
1. Name of Club: Date Chartered:
(Exactly as it appears on Club Charter) (Attach a copy of Club Charter)
2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number:
3. List officer and directors:
Last First Middle Title Residence Address City State Zip
(ATTACH ADDITIONAL SHEET IF NECESSARY)
3
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
2. Assignee's Name:
3. License Type:
Last First pp�� Middle
License Number: atiLbate of Last Renewal:
4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THI MI)� jj6p PROBATE DISTRIBUTION INSTRUMENT, OR
DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQi7i51� ILI9MNS TO THE ASSIGNEE TO THIS
APPLICATION. G' 31,
SECTION 10 Government: (for cities, towns, or counties only)
1. Person to administer this license:
2. Assignee's Name:
Last
Last
First
First
Middle
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).
1. Current Licensee's Name: )C ej- eta _Sho I)KA, LEF Entity: R(76 t-�C
(Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.)
2. Corporation/L.L.C. Name:
(Exactly as it appears on license)
3. Current Business Name: (: lk f- y1 U Spfl cnA
(Exactly as it appears on license)
4. Current Business Address: -CA-Q 1 64-)
5. License Type: �)W e,(, (I (-p License Number: Last Renewal Date:
6. Current Mailing Address (other than business):
7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? E9 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, 'SOj QSLO Q- �o �� Ea , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER,
(Print full name) OFFICIAL SEAL
STOCKHOLDER or LICENSEE of the stated license. I have read this section and the conte i statehNARE0&frRflEUTect and complete.
Notary Public - State of Arizona
State of My CMAR �'A UNgn
The fore }� t I. , f�ore� me
(Signature of CURRENT LICENSEE) _Iay of �J/i� a o�C;(�X
„ Day of Month Month Year
My commission expires on: ��3,LL 1;0 �3
(Signature 9rf NOTARY PUBLIC)
SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY)
PLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY TOUS
urrent Business Name and Address:
(Exactly as it appears on license)
2. New Business Name and Address:
(Do not use PO Box Number)
3. License Type:
4. What date do you plan to move?
License Number:
SECTION 13 Questions for all in -state applicants:
1. Distance to nearest school: .;�c ft.
(Regardless of distance)
2. Distance to nearest church: I Jb ft.
(Regardless of distance)
Oam the: IRC LESSEE ❑ SUBLESSEE
Last Renewal Date:
What date do you plan to open?
Name/Address of school: 6ay- Lk�Cl (,,twrh vj, S6hcol
Name/Address of church: �G�urJ [f � S Ur7 f(f,%
[3OWNER ❑ PURCHASER (of premises)
4. If the premises is leased give lessors name and address:i� fiy$� At�k,TNS
4a. Monthly rental/lease rate $ ,� What is the remaining length of the lease?
mrxa� the
4b. What is the penalty if the lease is not fulfilled? $ ' or other
(give details - attach additional sheet if necessary)
5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ -6 —
yrs.- mos.
Does any one creditor represent more than 10% of that sum? ❑ YES ANO If yes, list below. Total must equal 100%.
Last First Middle % Owed Residence Address City State Zip
(ATTACH 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?
�WD_oes
YES ;.NO If yes, attach 'explanation.
any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES Z NO
s 9. Is the premises currently licensed with a liquor license? ,K YES ❑ NO If yes, give license number and licensee's name:
License # O (o(?'704•S o2 (Exactly as it appears on license) Name Iwn n Sq laps -- 5�,i,�n tep— U_yxA6 J
5
SECTION 14 Restaurant, or Hotel -Motel Applicants:
1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name:
l cense #:
Last First Middle
2. If the answer to Question 1 is YES, you may qualify for an Inte t 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 Operation Plan (Form LIC0114) provided by the Department of Liquor.
4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ 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:
9 Entrances/Exits ;!S Liquor storage areas
❑ Drive-in windows Z 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.
DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. (pC)0() SQ F�1_
/pT-T
YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES,
ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM.
0
SECTION 16 . Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE.
List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location.
M
IN
0. r'
oil
8. SA
. ul 1' 'J;� n
9.
10.
11.
12.
13.
14.
15.
(ATTACH ADDITIONAL SHEET IF NECESSARY)
A = Your business name and identify cross streets.
SECTION 17 Signature Block:
I, M IeS ej,SC)tj _ffi(.ZbLigy, declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this
(Print name of APPLICANT/AGENT listed in Section 4 Question 1)
application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not
being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or
corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the
owners, partners, members, officers, directors or stockholders listed have been convicte ofony m e A
}
X
(Si ture)
My commission expires on: �f A2 `.b o
State of
The
LAUREN MERRETT
S iflfi,Sf - state of Arizona
me this
day of� ,
Day of Month Month Year
(Signature of OTARY PUBLIC)
IN
SAMPLE
GEOGRAPHICAL DATA
In the area adjacent to the map provided below indicats'' ur proposed locati
and the exact names of all churches, schools, a alcohobeverage outlets
within a 1/2 mile radius of your proposed locat Q av
(See example below)
A = Applicant Series 12
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
09 St. Anthonys Church
10 St. Anthonys School
11 Burbank Middle School
12 First United Baptist Church
13
14
15
A.R.S. Section 4-207.A reads as follows: L� Mi.
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(l) through twelve(12). or within three hundred(300) horizontal
feet of a fenced recreational area adjacent to such school building.
i
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor
Phoenix AZ 85007-2934 4D
(602) 542-5141 QUESTIONNAIRE
r ��Q
400 W Congress #150
Tucson AZ 85701-1352 \
(520) 628-6595
`tention all Local Governing Bodies: Social Security and Birthdatef r ation is Confidential. This information may be given to
al law enforcement agencies for the purpose of background checkD 1 ut must be blocked to be unreadable prior to posting
or any public view.
Rea Car ful this instpu ent is a s ant. T e r rint with black ink
An extensiye�inye$tigption of your baN round ryi e �utte F� or i9i co�rtpelete answers.could result
m criminal prosecution an tie eru or subsequent revo tiary o a c 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 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 #
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
1. Check
appropriate
box—,
O& Oda Vs10'Z
( If the location is currently licensed)
caner ❑Partner ❑Stockholder ❑Member fficer ❑ Agent ❑ Manager(Only)
❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25)
Licensee or A ent must complete # 25 for a Mana er Licensee or Agent must complete # 25
2. Name: mco�1.E \ L LS A P /SD A/ Date of Birth:
Last �— —% First Middle (This Will Not Become a art of Pubfic ecords)
3 . Social Security Number: Drivers License #: () f)O 9)6 7 5 State: R Z
(This Will Not Become a Part Rblic: Records)
4. Place of Birth: nZI Pit Q n NT �A�fk� �} Height: 5 ,' g X Weight:2 Q 5 Eyes: -)DAair:
City State Country (not county)
5. Marital Status ❑ Single aMarriedFl Divorced ❑ Widowed Residence (Home) Phone: ( �30) q) -7
6. Name of Current or Most Recent Spouse: ALI) J �Yi Qt e_ 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? If Arizona, date of residency: 9 c
8 Telephone number to contact you during business pours for any questions regarding this document. ( 4 9 S - D `31
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:
11. Licensed Premises Address:
ACA'D
Street Address (Do not use PO Box #)
Premises Phone: ()�
City County
Zip
12. List your employment or type of business daring the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st.
FROM
Month/Ye az
TO
Month/Year
DESCRIBE POSITION
OR BUSINESS
EMPLOYER'S NAME OR NAME OF BUSINESS
(Give street address, city, state & zip)q�Ce
9
CURRENT
(Z
j22ArJ6
'Tevr►P� A'� $Sa
ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q
13. Indicate your residence address for the last five (5) years:
FROM
Month/Year
I TO
Month/Year
Rent or
Own
RESIDENCE Street Address
If rented, attach additional sheet giving name, address and phone number of landlord
CityState
zip
L
CURRENT
7� S Lam• �'� / R�
,�oo
1 f7—
A Z
S n
GI
3 bZ
WZ
` q
1a 2
0 Loll al
30/LJ S�/a�,�n,� S-I-
��l3,P2t
RZ
V53
1-2"/
�v�SJ �
LIC
1 e individuals requiring special accommodations please c
checked the Manager box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating . I j YES L-JNO
the licensed premises ? If you answered YES, how many hrs/day?_ " _, answer #14a below. If NO, skip to #15.
14a. Have you attended a Department approved Liquor Law Training Coma; within the last 5 years? (Must provide proof) ❑ YES 'Z NO
If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation o06X Law or
ordinance (regardless of the disposition even if dismissed or expunged)? For traffic vi ons inc 1
those that were alcohol and/or drug related.
16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had Se7tterae
suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposiiiox%
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
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 rejected, denied, revoked, suspended or
fined 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
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?
IN��
❑ YES J'10
❑ YES m NO
0 ES ❑ 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
Section
lftffpTattended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑1`T
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, KL4 g 1V�1�� Y DEA e-: / , hereby declare that I am the APPLICANT filing this questionnaire.
b (Print full name of Applicant)
I have read this questionnaire and the contents and all statements are true, correct and com I a OFFICIAL SEAL
LAUREN MERRETT
' Notar rub1�^ _ date of Adzona
State of �, '� ; O'RZ?�4 (io� n
I The forego' elt9Y kBmrj%3eplg24 kft a me this
/} (Signature of Applicant) rd-
day of
Dav of Month Month Year
My commission expires on: 04-, L /t
Day of Month Month Year (Signature of NO ARY 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 First
Hereby authorize the applicant to act as manager for the named liquor license.
State of County of
The foregoing instrument was acknowledged before me this
X day of
(Signature of LICENSEE/AGENT) Day of Month Month Year
My commission expires on:
Day of Month Month Year (Signature of NOTARY PUBLIC)
N
AN 3 �
ir:� �? c, 0
E
04-C
/ p 231
0
•
z
m
m
CA
;z
m
O
C
M7.
DL,t,,.c
..100Z JUN
zoo2 juv ,
E
V 10 v
v M V
v N V
v 0 v
V u V
VOOV
v tL V
vav
%O LLJ V
O V v
%o V z
O,- V o
V v cn
�-- v J
O v W
v z
00 v
O� O cn
O %O w
NO O J
N so >-
N O E
Ln x v
%o v
oo�>-
¢ r- w
W 00 z
O o
¢ ul) E
A 2. �/
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 0 Tucson AZ 85701-1352
(602) 542-5141 QUESTIIDN14AIRE (520) 628-6595
tention all Local Governing Bodies: Social Securit and Birthdate Information is Confidential. This information may be gN� n to
al law enforcement agencies for the purpose of bao hecks only but must be blocked to be unreadable prior to posting
or an XbligQev& - ,
Read Cargfully , this inst in ent is a sw. do :u ent. ' T pe gr print with black ink
An extensiye mye$tt tion of ypur �a k ro nd sy1ilfge conJucted. FalW or upco plete answers could result
m criminal and tge Kenai or subsequent revocation of a �icense 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 #
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
1. Check
appropriate
box—,
D�7����a
( If the location is currently licensed)
%Owner ❑Partner ❑Stockholder ❑ Member WOfficer ❑ Agent ❑ Manager(Only)
❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25)
Licensee or Agent must complete # 25 for a Manager Licensee or A ent must complete # 25
2. Name: Dy T l e r► 1 r y 0 0-1 e- Date of Birth:
Last I First Middle (This Will Not Become a Part of Public Records)
3 . Social Security Number: 1.1!rt
Drivers License #: i3 I % .2. -7 State: %4 �
('Phis W' Not Become of Public Records)
4 . Place of Birth: 6CLrAene , C 4 lV 5A Height: 6- Weight: 2- 00 Eyes: f42 L Hair: 8 f-13
City State Country (not county)
5. Marital Status ❑ Single ❑ Married ® Divorced ❑ Widowed Residence (Home) Phone: ('180) 73 q z - ..7S'
6. Name of Current or Most Recent Spouse: b �r t-- ) r\ 1\C�ecea- L S ,in /e55a4Ae 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? A 2 If Arizona, date of residency: 7
8 Telephone number to contact you during business hours for any questions regarding this document. (6 02) 717 Q q O O
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: 6�-j(p(--� SRI (`gyp psi Premises Phone: ( V )Pr )
N
11. Licensed Premises Address: M! i f7 tJ ►��� / raD (�� ii�rn aJ r�;.J i �l/� S MY-�Prry na4
Street Address (Do not use PO Box #)
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
Month/Year
DESCRIBE POSITION
OR BUSINESS
EMPLOYER'S NAOR NAME OF BUSINESS
ME
(Give street address, city, state & zip)
q j2vQ'
CURRENT
(/Yll.en.�/o'/�t�
�SD6 C. ned�f1,eI Ct, Aghey, 4:2 S sz3G
y
uc a l So-Fa-� c✓
S egrSOrt .NC S aflr!1 - ✓c0. ldwc S ^j-
-7—S
B 7 U v e ve A 2 S"z /b
ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q
13. Indicate your residence address for the last five (5) years:
FROM
Month/Year
TO
Month/Year
Rent or
Own
RESIDENCE Street Address
If rented, attach additional sheet giving name, address and phone number of landlord
City
State
zip
CURRENT
q S-v Ri. f, c 1 cQ C i I -I I c z S 3
/ le
.9 z
3-fZ 36
q7
Z-99
/Sz3
g�'ha--
2
Sz
L1C 0101 10/2001 Disabled individuals requiring special accommodations please call (602) 542-9027
[f you checked the Manager box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating X YES FINO
the licensed premises ? If you answered YES, how many hrs/day? Y , answer #14a below. If NO, skip to #15.
14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) .9 YES ❑ NO
If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
15. Have you EVER been detained, cited, arrested, indicted or summoned into cou 1olation of ANY law or NrYES El NO
ordinance (regardless of the disposition even if dismissed or expunged)? ,For tra ra ons, include only
those that were alcohol and/or drug related.
16. Have you EVER been convicted, ned posted bond been ordered to deposit bail fm ' ot0d, sentence YES ❑ NO
suspended, placed on probation or parole for violation of ANY law or ordinance (regardless oftfie disposition
even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drujz related.
17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES ONO
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 ;QNO
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 judgment against you in a civil action, the subject of which ❑ YES X NO
invol resentation 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 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
�,�� 1�1411U�.,Vl Vli\.L1V11
�ave youattended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑>`'�
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, 6�cL r y D eJ e— b U -i-te n— hereby declare thi tionnaire.
(Print full name of Applicant) LAUREN MERRETT'
I have read this questionnaire and the contents and all statements are true, correct and compl Notary Public State of Arizona
MARICOPA COUNTY
003
State of Z MY es t 2 2
X The foregoing instrument was acknowledged before me this
(Signature of Applicant)
day of
Day of Month oath Year
My commission expires on: (90 Z)��C�O 5
Day of Month Month Year (Signature of TARY 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, int Licensee/Agent's Namel7
Last Middle First
Hereby authorize the applicant to act as manager for the named liquor license.
State of County of
X
(Signature of LICENSEE/AGENT)
The foregoing instrument was acknowledged before me thi.
day of
Day of Month Month Year
My commission expires on:
Day of Month Month Year
(Signature of NOTARY PUBLIC)
r j ���tl_,� 9S— LDS ���-in•-et� ��lavSL
or
s 4 v ..., re � L,-f �.fa S r f I e aS-c�zl cL r' cur► ��
a & i O c �a, r�'1 1551 ��-. U -e ' j , L /� . ?ODD ` YN ! 1 P
� �
Ito) q.< &- n4;y- ih &�ivfi 1 176
Ari 41 lets LvI+4,d+ w Ac-enSL
E
2.1 IX lids bu ^ p
o T c-, I L d %Z d I. L a,- & d un . L II- q I J -co-, 4-, (.
100 JOIN P ,4
El I
July 26, 2002
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL G
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO
Date: 7/26/2002
Re: AGENDA ITEM #3 — AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE
AGENDA ITEM #3 — AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE
Kenneth Bowman has submitted a special event liquor license application for the American
Legion, located at 16837 East Parkview. The purpose of the event, scheduled for Saturday,
August 17, 2002 from 9:00 a.m. to 10:00 p.m., is to raise funds for Legion charities. This
request is consistent with previously approved requests. There have been no violations or
incidents at previous events and the Legion hopes their responsible management of the
premises will support their request. The area of operation remains unchanged and includes
their fenced patio area. Security personnel will be provided to insure that all alcohol is kept
within the event area. Marshal Tate has performed his investigation and forwards a favorable
recommendation based on statutory compliance. (Please see enclosed memo from Todd.)
Staff recommends appro vaL
Agenda Item 8/1/02 Page 1 of 1 Last printed 7/26/2002 12:57 PM 7/26/2002
Memo
To: Bev Bender, Executive Asst. to Town Clerk
From: Todd Tate, Interim Town Marshal:
Date: 7/15/2002
Re: Special Event Liquor Licenses — American Legion
The purpose of this memorandum is to endorse the attached special event liquor
license application submitted by the American Legion Post of Fountain Hills. It is my
understanding that this issue will go before the Town Council at their meeting on
August 1 sc
I am recommending approval based on the following factors:
1. The American Legion Post has a valid class 14 (club license) in place at 16837
Parkview. According to the state liquor department, organizations with a class 14
license are permitted up to 10 days per year in which they are eligible for a special
event license allowing public liquor sales. At all other times, the class 14 allows
sales to members and guests only. A review of the record indicates that this will be
the forth such request for the calendar year and will bring their total to 4 of the 10
days they are allowed for special events in 2002.
2. During the time frames specified on the permits, the American Legion in effect
suspends their class 14 license and replaces it by the special event permit for
those hours specified. The American Legion officials apparently understand that
since they have included a written statement foregoing their class 14 license during
the special event period.
3. In previous investigations, we have found that the American Legion has met all the
legal requirements under the Arizona Revised Statutes for both a liquor license
and temporary permit. This included covert monitoring by state liquor agents and
overt monitoring by the Marshals Department to ensure compliance with provisions
of the special event license. Nothing has been found which would prohibit granting
of this permit.
Based on the factors outlined above, I recommend approval by the Council on
August 1 st.
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor _ 400 W Congress #150
Phoenix AZ 85007-2934 Tucson AZ 85701-1352
(W (602) 542-5141 � ., (520) 628-6595
APPLICATION FOR SPECIAL EVENT LICENSE
Fee = $25.00 per day, for 1-10 day events only
A service fee of $25.00 will be charged for all dishonored checks (A R S 44-6852)
PLEASE NOTE: THIS DOCUMENT MIDST BE FULLY COMPLETED OR IT Wn,L RF. RF nTRwn
DEPT USE ONLY
**APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC#
1. Name of Organization:
2. Non-Profit/I.R.S. Tax Exempt Number. Flo 6 O
3. The organization is a: (check one box only)
Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years)
❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee
❑ Religious
4. What is the purpose of this event? F V A/D �, A (SE P tFo /Z 1-6'6t e,✓ C,q A 0 r I l FS
5. Location of the event: /,6 X ? 7 M R ( ( U l E (A) d LIE �(�✓ f (� {.L t 'em A Q l C P a
Address of physical location (Not P.O. Box) City County zip
CIPlicant must be a member of the qualifying organization and authorized by an Officer, Director or
Chairperson of the Organization named in Question #1 _. (Signature required in section #18)
6. Applicant: D W M At/ KEA14Z FIR R � '% ,3d
Last First Middle D6 of Bfnh-
7. Applicant's Mailing Address: (It IS'
O R O G R A N Ot rjN, k�S Z T5
Street City State Zip
8. Phone Numbers: i4 &) S 3% — 4 04) 8' 37 - 5-tM 0M) 3 2 - w �-
Site Owner # Applicant's Business it Applicant's Home #
9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday)
Date Day ofWeekHours from A.M./P.M.
Day 1: 1 4 �}-- Jc� Pl / % l9• M
Day . 2:
Day
3:
Day
4:
Day
5:
Day
6:
Day
7:
(, Day
8:
Day
9:
Day
10:
Lic 0106 1112000
To A.M./P.M.
is /.IA4
*Disabled inhiduals requiring special accommodations, please call (602) 542-9027.
10. Has the applicant been convicted of a felony in the past five ye s, or had a liquor license revoked?
❑ YES NO (attach explanation if yes)
11. This organization has been issued a special event license for 3 �h ys this year, including this event
(not to exceed 10 days per year).
12. Is the organization using the services of a promoter or other person_to manage the event? ❑ YES NO
If yes, attach a copy of the agreement.
13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds.
THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic
Beverage Sales.
Name Address Percentage
�V J6�3� E.�Af��Cy��w'41/6 /'061 54
(Attach additional sheet if necessary)
14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have
any questions regarding the law or this application, please. contact the Arizona State Department of Liquor
Licenses and Control for assistance.
NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
. , . "NONALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES."
15. What security and,dontrol measures will you take to prevent violations of state liquor laws at this event?
(List type and number of security/police personnel and type of fencing or control barriers if applicable)
# Police ❑ Fencing
# Security personnel ❑ Barriers
16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in which the special event license will be in use?] YES ❑ NO
(ATTACH COPY OF AGREEMENT)
f��Ef� is AA/ 1.:)56IdAl P10 ( ro) r37 -.595r
Name of Business Phone Number
17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous
liquors under the provisions of your license. The following page it to be used to prepare a diagram of
your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or
other control measures and security positions.
K
W�
AMERICAN LEGION
S POST #58
FOUNTAIN HILLS, ARIZONA
�t6837 E PQRKVIEW-AVE
480 '837. 5958
85268
Arizonl}ti,'Dept-. of Liquor Licenses..
The American Leplon Post 53 agrees to-iasptmc t��sir
Liquor License. 14 for the period�1/__
7
Richard Lct PentA
Club Mar.
THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF 1
ORGANIZATION NAMED IN QUESTION #1
18. I, 11 ILC. N 9 R D L (� �E� l d�- , declare that I am Offic /Director/Chair erson appointing the
(Print full name)
applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor
License.
X
(Signature) _
[NVAMO19'a
An
now 10 M18 • Wd LON
H13NN3X
gvas'1VIJL"0
mj
My Commission expires on:
(Date)
(Title/Position) I (Date) (Phone #)
State of e i Z County of 8,-¢.2 i Co 00,9�
The f regoing instrument was acknowledged before me this
�% 1�
day of� 0 �.
Day of nth onth Year
(Signature O OTARY PUBLIC)
THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6
19. I, _( E,V,✓ C B D wM t9, ✓ , declare that I am the APPLICANT filing this application as
(Print full name)
as 1' ted in Question 6. I have read the application and the contents and all statements are true, correct and
c plete.
State of Ad County of /GO
X The foregoing instrument was acknowledged before me t1ts
(Signature)
OFFICIAL SEAL
HARRIET KOSMITISy of
NotaryPublic •State of Arizona Day of M nth Mo Year
MARICOPA COUNTY
( *My Comm. expires Apr. 22, 2008
try commission expires on. ---
(Date) (Signature of NOTARY PUBLIC)
You must obtain local government approval. City or County MUST recommend event & complete item
#20. The local city or county jurisdiction may require additional applications to be completed and
additional licensing fees before approval may be granted.
LOCAL GOVERNING BODY APPROVAL SECTION
20. I, o � m akio Y- , hereby reco:
(Government O icial) (Title
behalf of _ 1 Owy` C.,A ntj
(City, Town or County) (Signalure of
Ii t
Department Comment Section:
(Employee) (Date)
-C ❑ APPROVED ❑ DISAPPROVED BY:
this special event application on
S—I—D)...
(Date)
(Title) (Date)
SPECIAL EVENT LICENSED PREMISES DIAGRAM
(This diagram must be completed ,"ith this application)
Special Event Diagram: (Show dimensions servingareas and label t e ole c
yp n losure and security positions)
NOTE: Show nearest cross streets, highway, or road if location doesn't have an address.
NT
r.
i
i
_.._ DISPLAY 1 F
�JJ
G
Hot!MOo W.
E
oFr✓ Icy � � � O O
( ...............
eAl- 0
�r
S Ec J� f -1
i
� T
Traffic Signal Contraadoc Page 1 of I Chron
TAIN
that is
Town of FOUNTAIN HILLS
Public Works Department
Engineering Division
TO: Honorable Mayor and Council
FROM: Randy L. Harrel { _ 4
THROUGH: Tom W
DATE: July 8, 2002
MEMORANDUM
RE: Technical Services Contract with Phoenix Highway Services, Inc.
Traffic signal inspection, testing and maintenance services
Fountain Hills currently has 10 traffic -signalized intersections. To maintain their proper operation,
the traffic signals need to be inspected quarterly, and electrically tested biannually. Additionally,
contract provisions need to be in place to provide emergency on -call service availability by licensed
technician(s) (IMSA Level II) familiar with our traffic signals. This technical services contract
provides for these services by Phoenix Highway Services, Inc., who currently holds our traffic
signal services contract, and with whom staff has continued to be satisfied.
The contract is for $26,340 annually, with an option for annual renewal. Funding for this work and
other routinely contracted work is contained in the budgeted "Road Repair/Maintenance" line item
of the Street Department budget.
Per Section 3-3-10 of the Town Code, normal bidding procedures do not apply to these licensed
professional and technical services. However, per Section 3-3-5,D, Council approval is required,
since this annual contract exceeds $20,000.
Staff recommends approval of the attached traffic signal services contract with Phoenix Highway
Services, Inc.
at
cc: Tony Marchese
Bill Farrell
2002 Annual Asphalt and Concrete Contract Renewal.doc
Chron
O��y`tAIN
a
�• @sr: 1989
�that
Town of FOUNTAIN HILLS
Public Works Department
MEMORANDUM
TO: Honorable Mayor & Council
FROM: Thomas L. Ward, Director of Pu W
o-A, DATE: July 10, 002
RE: Annual Asphalt and Concrete Contracts Renewal
The Town has both an existing annual asphalt and concrete contract with Markham Contracting.
These contracts are for a one-year period with an option to renew for up to two additional one-year
periods, with prices adjusted for inflation each year.
The second year of the contract will be completed in August 2002 and the third year is now up for
renewal. Staff has been satisfied with the contractor's performance and is in favor of renewing the
contract for a third year. The adjustment increase for FY 02-03 to the Annual Asphalt and Concrete
Contracts is based on the US Department of Labor --Consumer Price Index for all Urban
Consumers. The contractor has agreed to a 2.3% increase in his overall rate schedule. With the
present state of the economy, we do not believe we would obtain better prices or better schedule
performance by re -bidding this work.
Staff recommends renewal of the annual asphalt and concrete contracts with Markham
Contracting.
M
cc: Julie Ghetti
Chron 146 Addendum.doc
O��'tAl1V
o �
3 that is
is An""
Town of FOUNTAIN HILLS
TO: Honorable Mayor and Council
FROM: Thomas L. Ward, Director of i
DATE: August 1, 2002
Public Works Department
MEMORANDUM
RE: Addendum to consent agenda item #5
Renewal of the Annual Asphalt and Concrete Contracts
At the request of Councilwoman Nicola, staff is providing this additional information to clarify
staffs request for renewal of the annual asphalt and concrete contracts.
Due to our limited budget for 02-03, there is no line item dollar amount for asphalt and concrete
work. Staff believes it is important to have a contract in place in the event of an emergency where
we would need to perform asphalt or concrete work. We have contacted Markham Contracting and
they are well aware of our situation.
Staff recommends approval of the renewal of the asphalt and concrete contracts with Markham
Contracting.
",
2002 Wash Management Contract Renewal.doc
Chron
1104
3
that is
Town of FOUNTAIN HILLS
Public Works Department
TO: Honorable Mayor & Council
FROM: Thomas L. Ward, Director b
DATE: July 10, 2002
MEMORANDUM
RE: Annual Wash Management Contract Renewal
The Town has an existing wash cleanup annual contract with Five Star Landscaping.. This contract
is for a one-year period with an option to renew for up to four additional one-year periods, with
prices adjusted for inflation each year.
The third year will be completed in August 2002 and the fourth year is now up for renewal. Staff
has been satisfied with the contractor's performance and is in favor of renewing the contract for a
third year. The adjustment increase for FY 02-03 to the Annual Wash Management Contract is
based on the US Department of Labor --Consumer Price Index for All Urban Consumers. The
contractor has agreed to a 2.3% increase in his overall rate schedule. With the present state of the
economy, we do not believe we would obtain better prices or better schedule performance by re-
bidding this work.
Staff recommends renewal of the annual wash management contract with Five Star
Landscaping.
cc: David Stepanek
Julie Ghetti
Chron 145 Addendum.doc
AIN
3
y
that is
TO: Honorable Mayor and Council
FROM: Thomas L. Ward, Director of
DATE: August 1, 2002
Town of FOUNTAIN HILLS
Public Works Department
MEMORANDUM
RE: Addendum to consent agenda item #6
Renewal of the Annual Wash Management Contract
At the request of Councilwoman Nicola, staff is providing this additional information to clarify
staff s request for renewal of the annual wash management contract.
The line item budgeted amount under Dams/Wash Maintenance is $150,000. Of that amount,
$10,000 has been allocated for dam maintenance and $10,000 for spraying herbicides.
Under the existing contract, Five Star Landscaping's daily rate is $1107.31. If the renewal is
approved, the daily rate would increase by 2.3%--the new daily rate would then be $1132.78. This
daily rate includes 10 workers, a supervisor, chipper, trucks, chain saws and small hand tools. All
dump fees are also included in this rate.
The location of the work is shown on the Wash Management map in Appendix L of your budget
book.
Staff recommends approval of the renewal of the wash management contract with Five Star
Landscaping.
Ve
Suggested 9/11 Ceremony
MC ( Mayor)
Honor Guard
Chaplin (VFW)
Honor Guard
Legion Commander
Sid Apps/Recording
Honor Guard
MC (Mayor)
Military Rep
MC ( Mayor)
Fire Chief••
MC (Mayor)
Town Marshall• •
Mayor/Guest Speaker
Cassie Hansen/Recording
Chaplin (American Legion)
MC ( Mayor)
Initiates Ceremony
Marches into position
Opening Prayer
Present Arms
Leads audience in Pledge of
Allegiance
Sings/play National Anthem
Lowers Flag to 1/2 staff
accompanied by Taps
Introduces Military Rep
Comments on 1/2 staff ceremony and
Military 9/ 11 losses
Introduces Fire Chief
Comments on fire fighter losses
and conducts appropriate
remembrance ceremony
Introduces Town Marshall
Comments on Police losses and
conducts appropriate
remembrance ceremony
Appropriate Comments (< S Min)
Sings/Play Amazing Grace or
other appropriate song while
Honor Guard raises American &
State flag to full staff.
Closing Prayer
Closing Comments
** Fire Dept & Marshall's Dept will have equipment at ceremony
MEMORANDUM
TO: HONORABLE MAYOR BEYDLER AND
TOWN COUNCILMEMBERS
FROM: SUSAN STEIN, ASSISTAN lt�
DATE: JULY 26, 2002
RE: PROPOSITION 202
FORT MCDOWELL YAVAPAI NATION
On Thursday evening, Mr. Raphael Bear, General Manager to the Tribe, will speak on
behalf of the Tribe, in presenting the benefits of Proposition 202 — The 17-Tribe Indian
Self -Reliance Initiative. Fort McDowell Council members will also be in attendance.
Attached to this memo you will find the Proposition 202 fact sheet, analysis by
Legislative Council, arguments for and against the 3 propositions, explanation of how
gaming dollars are being used, and general questions and answers.
Should you have questions, Mr. Bear may be reached at 816-7149.
� -1
PROPOSITION 202
INDIAN GAMING PRESERVATION AND SELF-RELIANCE ACT
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 202 directs the Governor to enter into tribal gaming compacts
allowing Indian tribes to operate slot machines and card and table games on tribal land.
Tribes would contribute 1 % to 8% of "gross gaming revenue" (defined as the difference
between gaming wins and losses, before deducting costs and expenses) to the state to
fund programs for problem gambling, classroom size reduction, teacher salary increases,
dropout prevention, instructional improvement, trauma and emergency services, wildlife
conservation, tourism and local government programs benefiting the general public.
These distributions are outside the regular legislative process.
Arizona has entered into gaming compacts with 17 of the state's 21 Indian tribes.
These compacts permit the tribes to operate specific gaming activities, including slot
machines, that are, according to a federal court decision on appeal, illegal off of Indian
reservations. These compacts begin to expire in the summer of 2003.
Proposition 202 directs the Governor to enter into a new gaming compact with
each Indian tribe that requests it. All compacts must have the following provisions:
• Term - Remainder of the tribe's current compact plus 10 years. Will be renewed for
10 years (unless the state or tribe notify the other of cancellation due to substantial
noncompliance) plus an additional 3 years to provide an opportunity for negotiation
of a new compact.
• Facilities - Each tribe may operate 1 to 4 gaming facilities. The exact number that
each tribe may operate is set forth in Proposition 202.
• Games - Tribes may offer slot machines, blackjack, poker, wagering on horse and dog
races, lottery games, bingo and keno. Each tribe may operate 475 to 1400 slot
machines. Each tribe's allotment of slot machines is set forth in Proposition 202.
Each tribe may operate 75 to 100 gaming tables at each facility, depending on how
close the facility is to a heavily populated city. Tribes may offer no more than 2 keno
games at each facility. The number of slot machines and gaming tables allowed
increases every 5 years based on changes in the state's population.
• Transfer provisions - Tribes may transfer a portion or all of their slot machine
allotments to other tribes.
• Revenue - Each tribe must contribute 1% to 8% of the tribe's gross gaming revenue
to the state. 88% of each tribe's contribution will go to the Arizona Benefits Fund.
Monies in the fund are to be used for reimbursement of administrative and regulatory
expenses incurred by the Arizona Department of Gaming, to combat problem
gambling, for distribution to school districts for classroom size reduction, teacher
salary increases, dropout prevention programs and instructional improvement
programs, for distribution to hospitals to reimburse them for unrecovered costs for
trauma and emergency services, for wildlife conservation and for statewide tourism
promotion. 12% of each tribe's contribution will be distributed to cities, towns and
counties to provide government services that benefit the general public.
Disclosure - The director of the Arizona Department of Gaming will make an annual
report each year which includes the aggregate gross gaming revenue for all tribes, the
aggregate of all revenues deposited in the Arizona Benefits Fund and aggregate
amounts contributed by tribes to cities, towns and counties.
Re-gulation - All gaming activities must comply with technical standards set forth in
each compact. Tribes must maintain surveillance and security logs that are open to
inspection by the Arizona Department of Gaming. Tribes must license all gaming
employees, but the Arizona Department of Gaming may make a recommendation on
whether a person should be licensed. Tribes must maintain a list of persons barred
from gaming facilities because of their criminal history or associations. Gaming
employees who are not enrolled tribal members must also be certified by the state.
Manufacturers, distributors and suppliers of gaming devices must be both licensed by
the tribe and certified by the state. The Arizona Department of Gaming is authorized
to conduct an annual compact compliance review of each tribe's gaming operations
and facilities.
Results of Statewide Expansion of Gambling - If state law changes to allow anyone
other than Indian tribes to. offer slot machines or other gambling that is currently
prohibited off of reservations, tribal obligations to make contributions to the state are
reduced and the limits on slot machines, gaming facilities and gaming tables become
null and void.
2
PROPOSITION 200
TRIBAL -STATE GAMING COMPACT, SCHOLARSHIP AND ELDERLY CARE ACT OF 2002
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 200 directs the Governor to enter into tribal gaming compacts
allowing Indian tribes to operate slot machines and card and table games on tribal land.
Tribes would contribute 3% of "annual net income" (defined as the annual total amount
of money collected from Class III gaming, less any annual amounts paid out as prizes or
paid for prizes awarded and annual labor and other operating expenses and annual
interest expenses, depreciation and amortization) to the state to fund university,
community college and tribal college scholarships, programs benefiting senior citizens,
tribal education purposes and tribal elderly health care services. These distributions are
outside the regular legislative process.
Arizona has entered into gaming compacts with 17 of the state's 21 Indian tribes.
These compacts permit the tribes to operate specific gaming activities, including slot
machines, that are, according to a federal court decision on appeal, illegal off of Indian
reservations. These compacts begin to expire in the summer of 2003.
Proposition 200 directs the Governor to enter into a new gaming compact with
each Indian tribe that requests it. All compacts must have the following provisions:
• Term - 20 years. May be extended for an unlimited number of additional 20-year
terms at the request of the tribe.
• Facilities - Each tribe may operate 3 gaming facilities. The tribe and the Governor
may agree to authorize additional facilities.
• Games - Tribes may offer all forms of gambling legal under the Indian Gaming
Regulatory Act including slot machines, card and table games including blackjack,
poker, roulette, craps and baccarat, wagering on horse and dog races, lottery games,
bingo and keno. Each tribe may operate 1000 slot machines or the number of
machines that the tribe currently operates (whichever is greater) and may operate 20
gaming tables at each facility. Tribes may offer keno games at no more than 2
facilities unless the Governor and tribe agree on a greater number. The number of
slot machines allowed increases each year based on changes in the state's population.
• Transfer provisions - Tribes may transfer a portion or all of their slot machine
allotments to other tribes.
• Revenue - Each tribe must contribute 3% of the tribe's net income from gaming to the
Arizona College Scholarship and Elderly Care Fund. Monies are distributed to
universities, community colleges and tribal colleges for scholarships, to programs
throughout the state that benefit senior citizens and to Indian tribes to be used for
educational purposes and for elderly health care services. In addition, each tribe must
pay an annual fee of $500 per slot machine to the state to reimburse the state for
administrative costs incurred in relation to Indian gaming.
• Disclosure - Each tribe's contribution to the Arizona College Scholarship and Elderly
Care Fund is confidential, but the Arizona Department of Gaming may make public
Ask the aggregate contributions from all tribes. The Director of the Arizona Department
of Gaming also must annually disclose the amount of money collected from the tribes
as administrative costs.
Regulation - Gaming facility operators must keep surveillance logs that are open to
inspection by the Arizona Department of Gaming, but no other records are subject to
Department of Gaming inspection, including financial and accounting records. Tribes
must investigate reported compact or tribal gaming ordinance violations and require
gaming facility operators to correct violations. Tribes must notify the Arizona
Department of Gaming within 48 hours when a violation is reported. Tribes must
license gaming employees who are not enrolled tribal members. Tribes must also
license each manufacturer and supplier of gaming devices and each person providing
gaming goods and services in excess of $50,000 in any single month. The state must
certify nonenrolled tribal members who are involved in gaming or financial activities,
manufacturers and suppliers of gaming devices and persons providing gaming goods
and services in excess of $50,000 in any single month. The tribal gaming office is
authorized to conduct investigations of compact violations. The Department of
Gaming has access to tribal gaming office reports but is not authorized to conduct
independent investigations.
Results of Statewide Expansion of Gambling - If state law changes to allow anyone
other than Indian tribes to offer slot machines or card and table games for profit or if
the state imposes any additional assessments related to gaming on Indian tribes, the
tribes no longer have to make payments for regulatory costs or to the Arizona College
Scholarship and Elderly Care Fund and the limitations on slot machines and card and
table games become null and void.
2
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Town of Fountain Hills Town Council
FROM: Denise Ruhling, Planner
DATE: August 1, 2002
SUBJECT: Consideration of a Special Use Permit to allow a detached Guest House with RV
Garage. Case number SU2002-04.
This request by Luxor Homes is for consideration of a Special Use Permit to allow a Guest
House with attached RV Garage located at 15855 East Firerock Country Club Drive "lot 39
Firerock Parcel D". Please refer to the attached Staff report for additional details regarding this
request.
11
TOWN OF FOUNTAIN HILLS
STAFF REPORT
August 1, 2002
CASE NO: SU2002-04
LOCATION: 15855 East Firerock "Firerock Parcel D Lot 39".
REQUEST: This request is for approval of a Special Use Permit to allow a detached Guest
House with RV Garage in addition to the main residence with four -car garage.
PROJECT MANAGER: Denise Ruhling, Planner
DESCRIPTION:
APPLICANT: Luxor Homes Construction L.L.C.
OWNER: Dana and Julie Huth
EXISTING ZONING: "R1-35H"
EXISTING CONDITION: Vacant Residential
LOT SIZE: 47,283 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Residential under construction; zoned RI-35H
SOUTH: Residential vacant; zoned RI-35H
EAST: Residential exiting home; zoned R1-35H
WEST: Residential existing homes; zoned R1-35H
SUMMARY:
This is a request to allow the applicant to build a new residence with a detached guesthouse
including RV garage located 56 feet from the front and 10 feet from the side of the main residence.
The proposed guesthouse floor plan shows a total livable area of 719 square feet with a 170 sq ft
bedroom, 360 sq ft great room, wet bar and full bath facilities. The proposed attached RV garage is
an additional 783 square feet. Exterior design meets that of the main residence. The height of the
proposed guesthouse is 14 feet from ground elevation. Extending the main driveway to the rear of
the main residence accommodates driveway access. Proposed lot coverage is 15.9% with an
allowed coverage of 29%.
EVALUATION:
The R1-35H Single Family Residential District allows for low -density single-family land uses. As
such, the Town of Fountain Hills Zoning Ordinance identifies principal permitted uses in the Rl-
35H zoning district such as single-family dwellings, churches, schools, parks, playgrounds and
other community facilities.
The Town of Fountain Hills Zoning Ordinance contains the following definitions:
Guest House Case Number SU2002-04
Guest House is described as "Living or sleeping quarters within an accessory building for the sole
guests of such occupants or persons employed on the premises.
use of occupants of the premises,
The accessory building may be attached to or detached from the main building. Such quarters shall
not be rented, and/or otherwise used for income producing purposes".
Building, Accessory is described as "A building or structure that does not share a livable, enclosed
connection to the main building, and that is subordinate to, and the use of which is customarily
incidental to, that of the main building, structure, or use on the same lot or parcel".
As shown on the site plan the guesthouse is a separate accessory building located to the side and
rear of the main residence with private and separate access.
The attachment of the proposed RV garage to the proposed Guest House has triggered the need for
a Special Use Permit.
The Town of Fountain Hills Zoning Ordinance allows Guest Houses, attached or detached,
provided that:
a. Structure conforms to all minimum setback requirements. Conforms to Ordinance.
b. Attached Guest House may be located in front of the primary structure if the Guest
House is attached by a common wall. N/A — Detached.
C. Detached Guest House structure must be located no farther in front of the main
structure than t/2 the distance of any one side of the Guest House. Conforms to
Ordinance.
d. May not exceed thirty (30) percent of the square footage of the livable area of the
primary structure. Conforms to Ordinance.
C. Shall not exceed fifteen (15) feet in height. Conforms to Ordinance.
f. Shall not contain any of the flowing: attached garage, kitchen facilities (oven/stove).
Does not conform to Ordinance.
g. Must be connected to primary structure's utilizes, and shall not have 220 volt
electrical service to any part or common wall, with the exception of hardwired air
conditioning unit. Conforms to Ordinance.
h. May not be used for any commercial or non-residential uses.
i. May be appealed by Special Use Permit to Town Council.
As stated above the application does not conform to the ordinance due the attachment of the RV
Garage. However, as also stated above this attachment may be allowed through a Special Use
Permit.
RECOMMENDATION:
The Planning and Zoning Commission reviewed this request at their July 11, 2002, meeting.
Discussion was held among the commissioners regarding the application, a concern of over height
on the RV garage (it is at 19 feet instead of 15 feet) and a possible waiver needed for an over cut of
11 % instead of the allowed 10%. Final decision of the Commission was to recommend approval of
the Special Use Permit including a waiver to allow the 11% cut and 19-foot height, and staff
trecommends approval of the Special Use Permit SU2002-04, "Guest House".
Page 2 of 2
. 4-3--- 1-OF f-Witt—48®8371404 -'-03-._-----
PBA 1 /02
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT I
Fountain Hills, Arizona
Area Specific Plan or Change
General Plan Amendment
Plan of Development
Zoning Change
Variance
Preliminary Plat
Cut/F11 Waiver
—7
Special Use Permit
SU Comprehensive Sign Plan
NPE Change or Abandonment
NATURE OF THE REQUEST:
W'A —�Cv ' c ac f, k) c 1,, 11 L At/, C "` A& ci(,_
A (•.,tit- c,
PR03ECT NAME
Mrs. Appliicacnt l'A y w- -Home'. C o7 ' �c � l c �, LL L Day Phone 00 -3 3 O-- 6, 13 Z
Mr.
zip:: ( State: M5. AddreS ?
Mrs. Owner: ��' N Ain �1 c 1 r +1u pay Phone -c.!—
Mr. � b 3 W . D Rc� ►, Ltj
Ms. Address: _ City. CHAao��2 State: gl— Zip: Set
J`ePPff=tian & bC&W smbn&W by awwom odw mw the owns,- of die pv»peu W wWw CMUM&W60% Me ssaian below
mrest be mawledad, Q
SIGNATURE OF OWNER DATE — L /`'2-
I HEREBY AUTHORIZE L I Y-4; 2 - I L M L S C C� �% � � < < � � 1 � tom; " C_ TO FILE THIS APPUCATICNV .
Please Print
j§ day of - 7�_L �)f _
M J My Commission Expires 31�
Public
C=K - 01 3 q
FILING DATE: v FEE PAID: j ACCEPTED BY:
(See Fee S&edule) 1
Apaication
Pone 2 of 7
TOWN OF FOUNTAIN HILT
J U N 0 7 2002
COMMUNITY DUVELOPN;L. J
DEPARTMENT
PBA 1 /02
The Town of Fountain Hills
LEGAL DESCRIPIYON
V�;Zr.= N2 rx v_ Nac,E tr l) `i
Plat Name Block La
PROPERWADD 1� . 5 5 ��2E cC �c Q00 i ii ��.; ku.S
PARCEL SIZE (Acres) I- c { ASSESSOR PARCEL NUMBER (I (,- 1 l I s S I
NumBER OF UNITS PROPOSED J .t �p rs'f TRACTS
M aWMG ZONING —n " 3 5 H �- L! . PROPOSED ZONING —' ice' 0'
Appkxffion
Pone 3 of 7
. �j�luriib �. �y1�;�;�.•�1
c
C)
�—
�
Q ,
J
p
F
Q�rn
p
C�
Cal
N /
--
` Ic
I
� I
� 4- $ a ° �7 .N oc' ■ZZ: 8Y�a^3�_ $gip R�": ��=' R� �� R
•$ 'g :F '"d i - g"�
w7i a T .s a ex 1:3ln
4�^g�!lr
�-p
Is -
AFT GRADWG PLAN
OF: LOT 39 RREROCK PARCEL D
DATE 15855 EAST FIREROCK C.C. DRIVE
MAR 2002 FOUNTAIN HILLS, ARIZONA 9vaa
a—
RE
3 �
$ S 1
Z 3
' c =
x z
e:
•z�
`
"aRg bnNp 'Do
8
Oil �i'1N
i
ee
= VZ
F.3-
D
;T
{i.b
g °
.
mOA
PINNACLE
i1 ENGWEERING. INC.
JSM
BAR wRd "M DWM
SOMM01E AM"K, En • NY Ms-M
,qr.-19
71
1w *
wpW !'A,7-F
T-1 L F
It
'A\JPP-S
O&Z mpa
oy
jWW 7
cl:
1
E
K
b
I
I
I
L
0
I is
21
121,
21
114
Ito
6
Et
cc
1110;
LL
Nr
. .........
ij,
(A
6� 0'
xj
1
is
L
*+
114
13
ri
LTJizj!
uA
W
F- I
q1
,
;
0
C)
R2211.1 T111i
•
fit
T `
' '
> li
W1
N1
ILI
• /Fi�RocK
July 8, 2002
Fountain Hills Planning and Zoning Commission
Town of Fountain Hills
PO Box 17958
Fountain Hills, Arizona 85268
Re: Leasing of Guesthouses in FireRock
Gentlemen and ladies,
Mr. Gary Haarer of Luxor Homes asked me to confirm the position of the FireRock Community
Association on the leasing of guesthouses that may be a feature of homes developed on the
FireRock Country Club property.
Plans for a single-family custom home on Lot 39 in Parcel D of FireRock were approved by the
FireRock Committee of Architecture on May 16, 2002. The plans included a guesthouse
combined with an RV garage, usually a tremendous problem to integrate from a design
standpoint. The combination was felt to work very successfully.
No concern was ever expressed by the Committee about the possible rental of the guesthouse.
Article IV, Section 2, Paragraph (m) of the CC&Rs of FireRock states that "If a Lot or Unit is
rented, only the entire Lot or Unit, together with the improvements thereon, may be rented, and
then only to a Single Family. Portions of Lots or Units may not be rented." We interpret this to
mean that the separate rental of guesthouses would not be permitted in FireRock and doing so
would subject the owner of record to sanction by the Association.
I hope that the community association's position has been clarified to your satisfaction. If you
have questions or comments, please do not hesitate to call me at 480-921-7500.
Sincerely,
CAPITAL CONSULTANTS MANAGEMENT CORPORATION
Agent for FireRock Community Association, Inc.
Marianne Wiggishoff
Community Association Manager
CC: BOD, Huth, Erwin -Fee (CCMC)
c/o Capital Consultants Management Corporation • 7975 North Hayden Road • Suite D-105 • Scottsdale, AZ 85258
Phone (480) 921-7500 / Fax (480) 921-7564
07/09/2002 11:22 4909217554 CCMC APIZOhNA PAGE 02/02
FIR.-ERCK
July 8, 2002
Fountain Hills Planning and Zoning Commission
Town of Fountain Hills
PO Box 17958
Fountain Hills, Arizona 85268
Re: Leasing of Guesthouses in FireRock
Gentlemen and ladies,
Mr. Gary Haarer of Luxor Homes asked me to confirm the position of the FireRock Comtlnuoity
Association on the leasing of guesthouses that may be a feature of homes developed on the
FireRock Country Club property.
Plans for a single-family custom home on Lot 39 in Parcel D of FireRock were approved by the
FireRock Committee of Architecture on May 16, 2002. The plans included a guesthouse
combined with an RV garage, usually a tremendous problem to integrate from a design
standpoint. The combination was felt to work very successfully.
No concern was ever expressed by the Committee about the possible rental of the guesthouse.
Article IV, Section 2, Paragraph (m) of the CC&Rs of FireRock states that "If a Lot or Unit is
rented, only the entire Lot or Unit, together with the improvements thereon, may be rented, and
then only to a Single Family. Portions of Lots or Units may not be rented." We interpret this to
mean that the separate rental of guesthouses would not be pennitted in FireRock and doing so
would subject the owner of record to sanction by the Association.
I hope that the community association's position has been clarified to your satisfaction. If you
have questions or comments, please do not hesitate to call me at 490-921-7500.
Sincerely,
CAPITAL CONSULTANTS MANAGEMENT CORPORATION
Agent for FireRock Community Association, Inc.
Marianne Wiggishoff
Community Association Manager
CC: BOD, Huth, Ervin -Fee (CCMC)
(W
c/o Capttal Consultants Management Corporation - 7975 North Hoyden Rood - Su7e D-105 - Scottsdale. AZ 85258
Phone (480) 921-7500 / Fax (480) 921-7564
"i
Chron
li N
�6. a �3
6off.' �t t5e1 �
that is A
TO: Denise Ruhlin
FROM: Randy Harrel
DATE: July 30, 2002
Town of FOUNTAIN HILLS
Engineering Department
MEMORANDUM
RE: RV Garage — SU2002-04; FireRock Parcel D, Lot 39
The Engineering Department has no concern regarding the proposed guest house at the above
location, nor in allowing a garage as a part of the guest house.
However, we have substantial issues with using this site and driveway as currently shown for
regular RV usage. Those issues are listed on the attached page. We would recommend adding a
stipulation to the Special Use Permit, as follows:
• Provide adequate public disclosure and site modifications acceptable to Town staff
regarding RV access and RV garage usage.
/jb
FreRock Parcel D, Lot 39; RV Garage SU2002-04.doc
Chron
� N
a I�j ? Town of FOUNTAIN HILLS
a s° Engineering Department
MPX40P A NTIT TM
`fat is AP"
July 30, 2002
RV Site Access and RV Garage Issues
SU2002-04; FireRock Parcel D, Lot 39
• The driveway has the Town's maximum normally allowable grade (for a passenger car design)
of 18% for over a 100' length. Can a large RV actually make it up the driveway?
• There are two sharp curves (20'-25' radii) on this steep driveway. Will a large RV drag its
bumper? Could it tip over on the curves?
• The driveway has little flattening approaching the sidewalk and street curb. Will it bottom out at
the street?
• The presence of a sidewalk and curb at the street curb may add additional "bottom -out"
locations.
• There is little flare -out at the street, requiring a very sharp turn.
• FireRock Country Club Drive — a collector roadway- lies at the end of the drive. The RV needs
to be able to pull out in a forward motion. The turnaround area in front of the garage is not
adequately sized for RV turnaround, and the cross -slope grade in the turnaround area is too steep
for that turnaround.
• If an RV were to back out, it would have to make a sharp 135" turn at the street to pull forward to
Fountain Hills Boulevard — the likely exit route.
• There is a retaining wall at the edge of the driveway on the outside of the sharp curve. Potential
scraping issue? Potential fall -off issue?
• There is a "trash pad" adjacent to the driveway at the street, which could block the sightline (if
large containers are used).
• The street drops off into a deep ravine opposite this driveway.
Possible mitigation measures for the above issues, which should be explored include:
➢ Larger, flatter turnaround area.
➢ Gentler transition at the street.
➢ Remove and replace the street curb and sidewalk with a driveway entrance section.
➢ Larger radii at the street curb.
➢ Move the retaining wall farther away from the driveway.
➢ Disclosure statement on the deed. _.
➢ Widen the short shoulder on the opposite side of the street.
➢ Lower the RV garage, and reduce the driveway grade.
➢ Others......??
/jb
46
TOWN of FOUNTAIN HILLS
a 4 Community Development Department
that is A
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Sintra Hoffman, Acting Town Manager
FROM: Dana Burkhardt, Senior Planner T�
SUBJECT: Case # S2000-052; Preliminary Plat for "Palatial Estates", a 19 lot, 6 tract
single family subdivision.
DATE: July 24, 2002
This request by Town Lake Enterprises & Palatial Development, is for approval of the preliminary
plat for "Palatial Estates", a 19 lot, 6 tract single family subdivision. This subdivision is proposed
for an unplatted parcel of land located along the north side of Shea Boulevard, east of Palisades
Boulevard and west of Fountain Hills Boulevard. Please refer to the attached Staff Report for
additional details regarding this request. If you have questions, I can be reached at (480) 816-5138.
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 & ZONING COMMISSION AND STAFF REPORT
August 1, 2002
CASE NO.:
PROJECT MANAGER:
LOCATION:
REQUEST:
DESCRIPTION:
OWNER:
S2000-052
Dana Burkhardt, Senior Planner
North side of Shea Blvd, east of Palisades Blvd, west of Fountain Hills
Blvd.
Consideration of the preliminary plat for "Palatial Estates", a 19 lot, 6
tract, single family residential subdivision.
Town Lake Enterprises & Palatial Development
APPLICANT: Jerry Fandytis
EXISTING ZONING: "R1-43" & "R1-8" Single Family Residential Zoning Districts
PARCEL SIZE: 30 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Chaparal City Water Company Parcels 11, 12, 13, and an unplatted MCO
Properties parcel; zoned "R1-8 & R143"
SOUTH: Shea Blvd; zoned "R1-43" & Firerock Country Club Golf Course; zoned "OSR-l"
EAST: Unsubdivided MCO property; zoned "R-3"
WEST: Westridge Village Parcel C; zoned "OSR"
This request, by Town Lake Enterprises & Palatial Development, is for approval of the preliminary plat
for "Palatial Estates", a 19 lot, 6 tract, single-family subdivision. This property is an unplatted parcel of
land, zoned "R143" and "R1-8" Single Family Residential Zoning Districts.
Access to the proposed subdivision is located on the north side of Shea Blvd., where the Chaparral City
Water Company Reservoir Site access road is currently located. The applicant proposes to improve the
existing access road and extend a cul-de-sac eastward to service the 19 lots. Improvements to the
Chaparral City Water Reservoir site, located north of Tract "C" and Lots 2, 3, and 4, will include fully
improved access, landscaping, and an eight foot concrete masonry screen wall with view obscuring gates
to visually separate the reservoir facility from the adjacent residences.
The applicant is requesting that access to the 19 lots be provided on a new cul-de-sac road, Palatial
Drive. The applicant is also proposing a new left turn pocket lane cut through the existing Shea Blvd.
landscape median for eastbound access to Palatial Drive from Shea Blvd. Westbound traffic would enter
the lots using a right turn -in from Palatial Drive. Traffic exiting Palatial Drive would have a right turn-
out only. Acceleration and deceleration lanes are provided for the right turn -in and right turn -out traffic
on Shea Blvd. A left turn out of Palatial Drive into the eastbound Shea Blvd. is not part of this request
and is not proposed due to safety considerations. The applicant has provided Staff with a revised traffic
study (Please find attached) addressing the concerns of the Planning & Zoning Commission and Staff
regarding the 55mph posted traffic speed, and the left turn -in pocket lane in the Shea Blvd. landscape
median.
The Palatial Drive right-of-way will be dedicated to the Town. The first 200' of the Palatial Drive right
of way, located north of Shea Blvd., will be developed as a modified limited collector road standard with
two 16' wide one-way lanes, separated by a 14' wide landscaped median. The remaining 1,405.71 lineal
feet of right-of-way will be developed to the hillside local road cul-de-sac street standard, which has a
26' street width. A five-foot concrete sidewalk will be located on the south and east side of Palatial
Drive, connecting to a 8' wide meandering sidewalk extending approximately 450' in length on the east
and west of the Palatial Drive entry.
Lots 1, 13, and 14 are located within an "R1-43" Single Family Residential Zoning District, and Lots 2
through 12, and Lots 15 through 19 are located within an "R1-8" Single Family Residential Zoning
District. In addition to the Lots, the applicant has proposed six tracts, described as follows:
TRACT AREA IN
SQUARE FEET
A
102,181
B
83,921
C
9,298
D
13,294
E
69,231
F
132,236
PURPOSE
Hillside Protection & Drainage Easement
Hillside Protection & 40' Waterline Easement
CCWC Access, Sewer & Perimeter Wall Easement
Hillside Protection & Perimeter Wall Easement
Hillside Protection & Drainage Easement
Hillside Protection Easement
Lots 1, 8, 9, 10, 11, 12 have a one -foot non -vehicular access easement and a no build easement along the
Shea Blvd. right-of-way frontage to restrict through lot development. Utility services will be provided to
each lot. The water main line will be located within the Palatial Drive right-of-way, with laterals to each
lot extending minimum two feet past the front lot lines. The main sewer line will be located in the
Palatial Drive right-of-way and within a sewer easement to service Lots 1, 2, and 3. A sewer pump will
be required for sewage service to Lot 1. The main sewer line extends between Lots 13 and 14 to connect
to the existing main line located off -site, on the MCO Property owned portion of Walnut Wash.
One existing fire hydrant is located on the east side of the Palatial Drive entrance in the Shea Blvd. right-
of-way. Four additional fire hydrants are proposed in the Palatial Drive right-of-way adjacent to Lots 1,
4, 8, and 14.
The owner has provided notes on the preliminary plat, which disclose the requirements for individual lot
sewage pumps, and the potential noise, odor, and any other potential nuisances of the Chaparral City
Water Company Facilities. The preliminary plat also notes the dedication of Palatial Drive right-of-way
to the Town of Fountain Hills, and the property ownership and maintenance responsibilities of the
homeowners association.
This preliminary plat provides the Town with approximately 803,275 square feet of Hillside Protection
Easements (H.P.E.). The Hillside Protection easement is located on all tracts of land within this
2
preliminary plat except Tract "C". H.P.E.'s are located on all lots with exception of Lots 2 through 5 and
Lots 15 through 19.
EVALUATION:
Conformance with the Zoning Ordinance:
Because the property is split zoned, each lot must meet the minimum Zoning Ordinance requirements for the
Zoning District in which it is located. The overall density proposed is .63 families per acre, which is less
dense than the maximum allowed by either the "R1-43" or "RI-8" Zoning Districts. The specific lot area
and right-of-way frontage for each lot is as follows:
LOT #
ZONING DISTRICT
LOT W IDTH
LOT AREA (sq. ft.)
DEVELOPABLE AREA (sq.ft.)
1
R1-43
300'
106,353
19,509
2
R 1-8
150,
36,803
31,150
3
R1-8
146'
22,381
22,381
4
R1-8
108'
14,995
14,995
5
R1-8
121'
15,485
15,485
6
R1-8
100,
37,366
37,366
7
R1-8
100,
37,706
37,706
8
R 1-8
100'
42,980
42,980
9
R1-8
80'
20,507
32,295
10
R1-8
82'
26,023
26,023
11
R1-8
85'
27,355
27,355
12
R1-8
300'
127,638
127,638
13
R 1-43
300'
93,536
93,536
14
R1-43
300'
116,457
116,457
15
R1-8
194'
19,260
19,260
16
R1-8
100,
17,739
17,739
17
R 1-8
100,
17,480
17,480
18
R 1-8
100,
17,175
17,175
19
R 1-8
100,
16,944
16,944
All lots in this preliminary plat meet the minimum zoning district requirements.
Conformance with the Subdivision Ordinance:
This preliminary plat request does not conform to the Subdivision Ordinance in four ways.
1) The "modified limited collector road section" differs from the limited collector road typical
established in Article III, Exhibit 6 of the Subdivision Ordinance in that the paved street widths
are reduced to 16 feet as measured from back of curb, rather than the 20 feet required. Staff does
not have safety concerns with this modified pavement width. The proposed configuration of the
entrance of Palatial Drive meets the required dimensions for the Fire Department and is a right
turn in and right turn out only.
2) The limited collector roadway gradient is in excess of the maximum 12% allowed, as established
in Article 305.B (d) of the Subdivision Ordinance. A portion of the limited collector roadway in
excess of 12% is located between the proposed 1775 grade contour and the 1795 proposed grade
contour shown on Sheet C5 of the "Grading, Drainage and Utility Plan". This area is in excess
of 12% for a distance of approximately 140 feet, but does not exceed 15% gradient at the
steepest point. In an effort to minimize disturbance and grading, staff is recommending that the
applicant use the existing Chaparral City Water Company access road alignment. Staff does not
have safety concerns with a gradient less than 15% at this location.
3) The lineal distance of separation for roadway areas that exceed the 12% gradient exceeds the
limit established in the Subdivision Ordinance. Article 305.13(e) of the Subdivision Ordinance,
which states:
"hillside -local streets may have portions of the roadway that exceed 12% gradient, but
less than 15% gradient for a distance no greater than 400 lineal feet, given that those
street grades and road sections between sections of streets exceeding 12%, regardless of
their length, shall not exceed 12% nor shall they he less than 400 feet in length"
(emphasis added).
The roadway section addressed in item #2, and the grading between the 1815 proposed grade
contour and the 1840 proposed grade contour (which is also in excess of 12%, but less than 15%)
are located approximately 190 lineal feet apart. Staff does not have safety concerns on this
roadway section.
4) The number of lots accessed from the Palatial Drive hillside -local cul-de-sac exceeds the
maximum allowed by the Subdivision Ordinance. Article 305.A(b) of the Subdivision Ordinance
which limit cul-de-sac streets built to hillside -local road standards to a maximum of 1,500 feet in
length, and a maximum of 15 lots or units. The applicant modified the Palatial Drive entrance
roadway to be developed to the modified local road standard, to establish conformance with the
maximum 1,500' length required by the Subdivision Ordinance, but the proposed plan exceeds
the maximum unit number by four.
An alternative proposal, which would continue the proposed Palatial Drive through to Fountain
Hills Boulevard would significantly increase the area disturbed by the proposed subdivision.
Staff does not have significant safety concerns with the four additional lots, and the limited
additional traffic generated by the CCWC water treatment plant.
The preliminary plat is consistent with the recommendations of the Traffic Study prepared by Kimley-Horn
and Associates, Inc., dated June 14, 2002, including the left turn median pocket lane. The Town Engineer,
Randy Harrel, opposes the proposed eastbound Shea Blvd median left turn lane, due to the accident
potential caused by the steep downhill roadway grade, the high roadway speed, and the potential for "sun -
in -the -eyes". Protected U-turns (on the green arrow) are currently allowed at the east approach to Palisades
Blvd., and will presumably be allowed at the west approach to Fountain Hills Blvd when the third
westbound through lane on Shea Blvd. is constructed at that location. (See Stipulation #13)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval the preliminary plat for "Palatial Estates",
Case #S2000-052 in a 3-2 vote, with stipulations. The opposing votes were primarily due to the
nonconformities of this preliminary plat with the Subdivision Ordinance, as discussed in this staff report.
4
The recommended stipulations are as follows:
1) Provide landscaping, irrigation, and the on/off-site improvement plans are to be approved by the
Town, prior to final plat approval.
2) Provide a notarized letter from the adjacent property owner to allow the construction of the
drainage structure and sewer line connection shown north of Lot 13.
3) Include the grading improvement plan for the common driveway to Lots 1 & 2 with the
subdivision improvements.
4) Provide a note on the plat which states: The Lot 2 driveway will require an emergency vehicle
turnaround at the base of the residence, to be reviewed at time of building permit.
5) Provide an 8' wide meandering sidewalk, approximately 450' long, located along the curbed
length of the westbound Shea Blvd. lane.
6) Landscape, irrigate, and maintain the curbed Shea Blvd. shoulder, and revegetate any slopes
disturbed by this project.
7) Extend the storm drain or rip rapped channel past the existing sanitary sewer in Walnut Wash.
Provide a drainage easement to the flow line of Walnut Wash. Use a manhole at any storm drain
pipe bends.
8) Provide a 2' minimum shoulder behind all curbs and sidewalks.
9) Post Shea Boulevard for 50 mph from Fountain Hills Boulevard to Palisades Boulevard if a
speed limit reduction is approved by Town Council.
10) Relocate the Shea Boulevard guardrail and embankment curb, and use a "GET" end section, west
of the entrance roadway.
11) Taper the curbs north of the entrance road medians at 30:1.
12) Extend the Shea Boulevard edge curb easterly about 60' to prevent drainage from eroding the
roadway pavement.
13) Town Council discretionary approval is needed to allow the eastbound -to -northbound left turn
lane crossing the Shea Boulevard median into this subdivision, as requested by the applicant. If
the left turn lane is allowed, revise the median curbs to preclude left turns onto Shea, replace the
existing median roll curb sections with vertical curb and gutter; and relocate median catch basin.
If the left turn lane is not allowed, modify the Shea Blvd/ Fountain Hills Blvd intersection to
allow a U-turn at that location.
EXHIBITS: A) June 27, 2002 Planning & Zoning Commission Meeting Minutes
B) Letter dated May 6, 2002, from Randy Harrel to Kimley-Horn & Associates, in
response to the Palatial Estates Traffic Report.
C) Revised Traffic Study dated June 14'', 2002, from Kimley-Horn & Associates
D) Revised Left Turn Pocket Design as requested by the Planning & Zoning
Commission and Staff.
E) Memorandum dated May 17, 2002 from Mark Zimmerman, Deputy Chief Fire
Marshal
F) Application and Preliminary Plat drawings
TOWN OF FOUNTAIN HILLS
MINUTES OF A REGULAR MEETING OF
THE PLANNING & ZONING COMMISSION
JUNE 27, 2002
A public meeting of the Fountain Hills Planning and Zoning Commission was convened
and called to order by Chairman Howes at 6:30 p.m. June 27, 2002, in the Town Hall
Council chambers located at 16834 E. Palisades Boulevard, Building B, Fountain Hills,
Arizona.
AGENDA ITEM #1 CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF
SILENT_ REFLECTION, AND ROLL CALL.
Chairman Howes called the meeting to order at 6:30 p.m. After the pledge to the flag
Chairman Howes called for a moment of silence. Present for the meeting were Chairman
Howes, Vice -Chairwoman Dragiewicz and Commissioners, Dennis Brown, Michael
Downes, and Bill O'Brien. Also present was Interim Director of Community
Development Jesse Drake, Senior Planner Dana Burkhardt, and Recording Secretary
Marilyn Grudier. Commissioners Rod Mooney and Jay Schlum had an excused absence.
AGENDA ITEM #2 CONSIDERATION OF COMMISSION MEETING MINUTES
FOR .TUNE 13, 2002.
Commissioner Downes made a MOTION to approve the minutes as amended. Vice -
Chairwoman Dragiewicz SECONDED and the MOTION carried unanimously.
AGENDA ITEM #3 CONSIDERATION OF A RECOMMENDATION TO TOWN
COUNCIL ON A PRELIMINARY PLAT FOR THE 19-LOT 30.006+ PALATIAL
ESTATES SUBDIVISION, LOCATED AT THE NORTHWEST INTERSECTION
OF SHEA BOULEVARD AND FOUNTAIN HILLS BOULEVARD, CASE
NUMBER S2000-52.
Vice -Chairwoman Dragiewicz asked Mr. Harrel if he opposed the left turn access from
Shea Boulevard into Palatial Drive and would he be comfortable with cars making a u-
turn eastbound on Shea Boulevard and Fountain Hills Boulevard. Mr. Harrel replied that
he had written an addition to stipulation #13 clarifying the left turn situation. He stated
that left turns was allowed on green arrow light only. He stated that there was still an
issue that if someone made a u-turn and another car was making a right turn on a green
arrow light, a potential accident could occur because there are only two lanes. He added
that it would be safer if there were three lanes and a bike lane. He also said that
additional pavement, stripping, and signs would be needed at the intersection.
Commissioner Downes asked who would pay for the pavement if put in. Mr. Harrel
replied that the applicant would.
F+
A4
Planning & Zoning Commission
Meeting Minutes of June 27, 2002 x"
Page 1 of 4 W
Chairman Howes stated that if the width on Shea Boulevard were barely wide enough
then it should be reviewed more closely. Mr. Harrel replied that it would be
accommodated in the design process.
Vice -Chairwoman Dragiewicz asked Mr. Harrel if he felt comfortable if cars made a u-
turn at Shea and Palisades Boulevard. Mr. Harrel replied that he did and added that there
was a left turn arrow, three lanes, and a bike lane. He added that even though cars would
be turning right out of Firerock C.C. Dr., there would be enough room.
Commissioner O'Brien asked Mr. Harrel what the criteria was for median cuts. Mr.
Harrel answered that there were no specific criteria and that it was a judgment call. He
added that Fry's had a left turn in because there was a traffic signal 500 feet from the
location. He added that the problem was not with the on coming traffic but getting hit
from behind when turning into the left turn lane.
Commissioner Downes asked if the land to the east of the subdivision was private or
town owned. Mr. Burkhardt replied that the town acquired a sliver of the wash along
Fountain Hills Boulevard. Commissioner Downes asked if the developer had made
changes from the previous stipulations. Mr. Burkhardt replied that some of the
stipulations had been done on the improvement plans.
Mr. Harrel stated that he had modified stipulation #9 (handed out to the Commissioners
that evening). Chairman Howes asked if the town posted the speed limits on Shea
Boulevard. Mr. Harrel answered yes.
Jerry Fandytis, 12004 N. Sundown, Scottsdale. Commissioner Downes asked if he
owned the land and why the stipulations from the last Planning & Zoning meeting had
not been modified. Mr. Fandytis replied that he had not been aware of the thirteen
stipulations until recently and most had been dealt with. He also said that MCO
Properties owned the sliver of land between his property and the roadway. He stated he
had not submitted the entrance landscape plans because he had not known how much
roadway the town wanted. Commissioner Downes asked if he agreed to all the
stipulations. Mr. Fandytis replied that he had a problem with the left lane situation. He
said he had re -hired Kindley-Horn to do another analysis of the speed limit and verify
safety concerns for the left lane. He stated that they had not seen any safety concerns
with the left lane issue. He also added that another stipulation was to provide an eight -
foot wide meandering sidewalk along the curb length along Shea Boulevard. He stated
that during the discussions between his attorneys and Mr. Farrell, he did not recall any
mention of a sidewalk. Commissioner Downes asked Mr. Fandytis why he had not
designed the project according to the zoning ordinance. Mr. Fandytis responded that the
property was very odd and they designed it the best as was possible. He added that they
had met with the town staff and had agreed on the design. Commissioner Downes stated
that there were three violations. He also stated that they could have designed the project
with 15 lots instead of 19. Mr. Fandytis explained that the project would no longer be
economically feasible and added that they needed to revamp the development cost for the
road leading to the water treatment plant and landscaping. Commissioner Downes stated
Planning & Zoning Commission
Meeting Minutes of June 27, 2002
Page 2 of 4
that there were many options that they could have done: lose four lots or widen Palatial
Drive to 50 feet, which would allow 25 lots in the cul-de-sac. Mr. Fandytis replied that
they would not have enough disturbable land for 25 lots. Mr. Fandytis said that the
option of widening the road had not been explained to him. Mr. Burkhardt added that the
wider width would require more grading and disturbance. Commissioner Downes stated
that if a developer found it difficult to develop on a piece of property because of the
Zoning Ordinance then an option would be a development agreement with the town. Mr.
Fandytis stated that they had felt "extorted" because he had been initially told he would
be able to have the 4 extra lots if he had a third lane paved '/z mile along Shea Boulevard.
He added that after 2 years of trying to get the project going he could no longer afford it.
He also felt he should not be responsible for the extra lane on Shea Boulevard. He stated
that the town had tax revenue to be gained from the project. Commissioner. Downes
stated that they should have had a development agreement set up with staff. He also
added that it sounded like it would be illegal for the Commission to approve the project
that violated the Zoning Ordinance.
Mr. Harrel stated that the meandering sidewalk was a requirement of the Subdivision
Ordinance. Regarding the original Shea Boulevard stipulations Mr. Farrell had not
thought that the stipulations were meant for proportionality so they had been modified.
Mrs. Drake added that the law states that the impact that the developer must pave must be
proportional to the impact that the developers putting on the land. The original
stipulation requested that the third lane be paved the whole length of the project and Mr.
Farrell had made a ruling that that would not be proportional to the impact.
Chairman Howes stated that Commissioner Downes made a comment regarding the
number of lots on a cul-de-sac exceeding the amount in the ordinance. He stated that
when projects were not part of a P.U.D or development agreement, the Commission
would look at the ordinance for the regulations. He stated that it should not be up the
Planning and Zoning Commission to approve the project when it had not complied with
the ordinance. He stated that it should be up to the Town Council to approve it since they
are the ones who made the agreements and laws.
Commissioner Downes made a MOTION to recommend to the Town Council denial of
the preliminary plat. The motion died with lack of a second.
Commissioner O'Brien made a MOTION to recommend to the Town Council approval
of the preliminary plat with the thirteen stipulations as modified. Vice -Chairwoman
SECONDED. The MOTION carried with 3 ayes and 2 nays. The MOTION carried.
The vote followed as:
Commissioner Brown - aye
Commissioner Downes - nay
Commissioner O'Brien - aye
Vice -Chairwoman Dragiewicz - aye
Chairman Howes — nay
Planning & Zoning Commission
Meeting Minutes of June 27, 2002
Page 3 of 4
Palatial Estates Traffic Report.doc
o
that is Arm
May 6, 2002
Kimley-Horn & Associates, Inc.
7600 N. 15`h Street, Suite 250
Phoenix, AZ 85020
Attn: Chuck Wright
Re: Palatial Estates Traffic Report
Your Fax of May 1, 2002
Left -In Accident Potential
Gentlemen:
Paee I of_'
U
Chron 081
Town of FOUNTAIN HILLS
Engineering Department
We have just received the first submittal of the above stipulated traffic report on May 1, 2002, and
are in the process of reviewing it. The following major issue was noted and still needs to be
addressed.
Please address the following accident concern regarding the proposed eastbound left turn from Shea
Boulevard onto the proposed Palatial Drive:
'Shea Boulevard is a high-speed principal arterial roadway currently carrying over
20, 000 vpd, a Road of Regional Significance, and the only arterial connection
between the Beeline Highway (SR 87) and the Pima Freeway (Loop 101) north of
Q McDowell Road. In the 7 miles from Frank Lloyd Wright Boulevard to Technolo;y
Drive, there are only 7 traffic signals (an average of over 1 mile between trafFc
signals). Traffic can really get rolling on this long length of open road.
('At the proposed Palatial Drive median cut going eastbound, Shea Boulevard has
dropped 140' below the sharp roadway crest curve (SDS=548') near Palisades
Boulevard, and has a steep approach downgrade of 6%.
The early morning sun will be right in the eyes of eastbound drivers.
Can you say with reasonable confidence that (considering the above factors) allowing the left turn
into Palatial Drive from eastbound Shea Boulevard will not create an excessive accident hazard
location, in particular due to eastbound rear -end collisions?
Please note that allowing access crossing the median (Left -In) should be considered a Town
Planning Commission and Town Council discretionary decision.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
=1
F*
w
Palatial Estates Traffic Repon.doc
Yours very truly, i
Randy L. Harrel, P.E., L.S.
Town Engineer
[77
att.
Cc: Dana Burkhardt
Jim Leubner
Jerry Fandytis
u
Page 2 of 2
Tom Ward
Art Candelaria
In
Chron
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
06,'14- 02 FRI 09: 44 FAX 602 944 5500 KIIILEY HORN & ASSOC, PHX Z002
• ��� Kimley•Horn
_ and Associates, Inc.
June 14, 2002
Mr. Jerry Fandytif
Palatial Developments
12004 North Sundown Drive
Scottsdale Arizona 85260
Re: Palatial Estates Auxiliary Lane Analysis
Dear Mr. Fandytif:
This letter has been updated to reflect the Town of Fountain Hills comments
dated May 6 and May 23, 2002. For informational purposes, calculations shown
herein have been completed for both 50- and 55-mph speed limits.
INTRODUCTION
This letter report documents a traffic analysis performed for a proposed
residential development, Palatial Estates, on the north side of the intersection of
Palatial Drive and Shea Boulevard in the Town of Fountain Hills, Arizona. The
specific objectives of this analysis are limited to:
■ To determine the left turn storage at the site entrance along eastbound Shea
Boulevard;
• To determine the length of a right -turn deceleration lane along westbound
Shea Boulevard; and,
■ To determine the need for and the length of an acceleration lane along
westbound Shea Boulevard.
a
Suite 250
7600 N, 15th Street
Phoenix, Arizona
85020
PROPOSED DEVELOPMENT
The proposed 19 dwelling unit residential development is located near the
northwest corner of the intersection of Palatial Drive/Shea Boulevard in the
Town of Fountain Hills, Arizona. The proposed development is limited to one
entrance, which intersects Shea Boulevard. The entrance will be restricted to
left -in, right -in, and right -out movements. Shea Boulevard and other arterial
streets will provide regional access. The layout of the site is illustrated in the
attached figure.
U
EXISTING CONDITIONS E"t
00
The existing roadway network within the study area includes Shea Boulevard and
00
Palatial Drive. The existing intersection lane use and traffic control is shown in TOWN OF FOUNTAI
the attached figure.
JUN 14 21 W
■ COMMUNITY DEVELOPMENT
S 7�0 oQ — g 2i OEPARTMFNT
06•'14•'02 FRI 09:44 FAX 602 944 .-300 KIMLEY HORN & ASSOC, PHX (0003
/ C Kimley-Horn
and Associates, Inc,
Mr. Jerry Fandytif, June 14, 2002, Page 2
Shea Boulevard is an east -west roadway with two lanes in each direction and a
21-foot wide median. The posted speed limit is 55 miles per hour between
Palisades Boulevard and Fountain Hills Boulevard. West of Palisades
Boulevard, the posted speed limit is 50 mph and east of Fountain Hills
Boulevard; the posted speed is 45 mph. It is anticipated that the speed limit will
be reduced to 50 mph at the time the improvements between Palisades Boulevard
and Fountain Hills Boulevard are completed. Shea Boulevard intersects with
Palatial Drive to form a T-intersection. A fourth leg is not anticipated at this time.
The geometric configuration of Shea Boulevard includes a substantial grade,
uphill from Fountain Hills Boulevard west past Palatial Drive. Field
observations indicate adequate intersection sight distance is provided at Palatial
Drive and Shea Boulevard.
The next intersection east of the proposed development is Fountain Hills
BoulevardlShea Boulevard, The intersection is signal controlled and does not
permit U-turns at the eastbound left turn approach.
Palatial Drive intersects the north side of Shea Boulevard as a right-in/right-out
access and is stop -controlled in the southbound direction. The roadway currently
ow provides access to the Chaparral City Water Company reservoir site.
TRIP GENERATION AND ASSIGNMENT
The Institute of Transportation Engineers' Trip Generation, 6r" Edition, was used
to obtain daily and peak -hour trip generation rates and inbound -outbound
percentages, which were then used to estimate the number of daily and peak hour
trips that can be attributed to the proposed development. The trip generation
characteristics of the site are summarized in Table 1.
E
Table 1 Project Trip Generation
ISingle-Fernliy Oetaohed 1 210 1 19 OV 1 225 1 0 1 17 1 23 1 15 1 9 1 24 1
Single-FPmlty Detaehea Housing (ITE 64h Edition)
Daily (ITE 210) Ln(T) = 0.520 x Ln(numbar of DUe) * 2.707 60% In 60% Out
AM Peek Hour (ITE 210) T - 0.700 x (numbe, of DU's) • 9.477 25 % In 75% out
PM Peak Hour ITE 210 Ln T • 0.901 x Ln number of p •0.527 "% In 36% Out
The proposed development is expected to generate 225 daily trips, with 23 trips
occurring in the AM peak hour and 24 trips occurring in the PM peak hour.
Trips were assigned to the roadway network on the basis of the likely travel
patterns to and from the site. The attached figure shows the results of the traffic
assignment.
06.14/02 FRI 09:45 FAX 602 944 5500 KIMLEY HORN & ASSOC, PHl Z 004
4W Kimley-Horn
and Associates, Inc.
Mr, Jury Fandytif, June 14, 2002, Pagc 3
AUXLARX LANE REQUIREMENTS FOR THE ACCESS POINT
Left -Turn Lune
The eastbound left turn at the intersection of Palatial Drive and Shea Boulevard
meets MCDOT requirements for a left -turn lane. Additionally, the next street
that intersects Shea Boulevard east of Palatial Drive is Fountain Hills Boulevard,
which is signal -controlled and does not permit U-turns on the eastbound
approach. Restricting Palatial Drive to right-in/right-out only will cause
residents traveling castbound to find a circuitous route to gain access to Palatial
Drive since no U-turns are allowed at Fountain Hills Boulevard.
The methodology ADOT uses to determine braking distance is based on the
assumption that a vehicle will have slowed a few miles per hour and that braking
will actually begin when the vehicle is fully into the turn lane. For instance, the
posted speed is 50 mph; the speed entering the taper is 40 mph; and the speed
when the vehicle begins braking is 38 mph. The storage length is based on the
braking distance plus the queue length. The queue length is the length required
to temporarily store turning traffic until the turning maneuver can be completed,
® and it is in addition to the braking distance.
The following table shows the acceleration lane and taper lengths based on
ADOT standards. The calculations include an adjustment (AASHTO conversion
factor) for a downhill grade between 5 percent and 6 percent.
)Eastbound
ADOT
Left Turn
50 mph
55 mph
Storage
191
222
Taper
90
140
Right -Turn Lane
Deceleration lanes are often recommended at driveways or intersections where
turning vehicles create delays or safety problems for other traffic movements.
The need for a deceleration lane at an intersection depends on the speed of traffic
on the road, the volume of traffic turning, and the through traffic volume in the
same lane as the turning traffic. The westbound right turn at Shea Boulevard and
Palatial Drive meets the criteria for a deceleration lane. ADOT standards were
used for the calculation of the deceleration lane length.
ADOT recommends calculating the deceleration length for a right turn using the
same method for calculating left turn deceleration length. For right turn lanes,
ADOT allows a 20-foot reduction in the storage length for a yield -condition,
right turn movement.
06.1442 FRI 09:45 FAX 602 944 5500
Kimley-Horn
and Associates, Inc,
KIMLEY HORN & AsSOC . PHX
Mr. ,Terry Fandytif, .Tune 14, 200Z, Pagc 4
The following table shows the deceleration lane and taper lengths based on
ADOT standards. The calculations include an adjustment (AASHTO conversion
factor) for an uphill grade between 3 percent and 4 percent.
Westbound ADOT
Right Turn 50 mph 55 mph
Storage 139 163
Taper 90 140
Acceleration ,Lane
The purpose of an acceleration lane is to provide traffic entering the traffic
stream time to accelerate to the speed of the traffic stream, and the uphill grade
will make it difficult for vehicles to get up to speed quickly. According to the
MCDOT Roadway Design Manual, acceleration lanes are required when it is
determined that any of the following factors apply. (Only the factors that apply
to the proposed site are listed.)
• An acceleration lane is required for any access, according to Figure 7.15
"Volume Warrants for Right Turn Acceleration Lanes, " when the Design
Hourly Volume (DHV) of right turns intersect at a point on or above the
curve for the posted speed.
■ MCDOT may required an acceleration lane for any access where a high
traffic volume on the roads and lack of gaps in traffic makes use of an
acceleration lane necessary for vehicles to enter the highway traffic flow
through the use of merging techniques.
■ An acceleration lane will be required where the DHV on the right turn
movement out of the access is greater than 15 vehicles, adjacent to roads
with speeds of 45 mph and above or when specified due to safety
considerations.
The intersection of Shea Boulevard and Palatial Drive exceeds the minimum
DHV by two (DHV equals 17 vehicles). In contrast, there will be no additional
access points along westbound Shea Boulevard between Fountain Hills
Boulevard and Palatial Drive, and the intersection of Fountain Hills Boulevard
and Shea Boulevard is signalized. Signalized intersections generate platoons (or
groups) of vehicles, which create gaps in the flow of traffic. It is expected that
these gaps will be frequent and allow ample time for a vehicle on Palatial Drive
to turn right onto westbound Shea Boulevard.
Due to the low volumes of vehicles anticipated to turn right onto Shea Boulevard
a frill acceleration lane is not recommended. It is recommended that the
intersection geometry on the northwest comer be widened by an additional four
feet to the north of the future third lane curb location to allow necks to turn right
onto westbound Shea Boulevard without infringing into the second westbound
through lane. The four -foot widening is recommended to be transitioned on a
15.1 taper and the curb radius equal to 30 feet as demonstrated on the attached
figure.
Z 005
06/14/02 FRI 09:46 FAX 602 944 5500 KIMLEY HORN & ASSOC. PHX 0 006
OP7= Kimley-Horn
6A..J= -.__... and Associates, Inc.
Mr, .retry Fandytif, June 14, 2002, Pagc 5
CONCLUSIONS AND RECOMMENDATIONS
It is expected that the posted speed limit on Shea Boulevard between Palisades
Boulevard and Fountain Hills Boulevard will be reduced from 55 mph to 50 mph
in the near future. The analysis provides recommendations for both 50-mph and
55-mph posted speed limits. The preceding analysis of the intersection of
Palatial Drive with Shea Boulevard provides a basis for the following
conclusions:
• An eastbound left turn lane is recommended due to the site access constraints
and the U-turn restriction at Fountain Hills Boulevard,
■ A deceleration lane is recommended for the westbound right turn.
• Widen the northwest corner of the intersection along Shea Boulevard four -
feet in lieu of an acceleration lane to allow trucks to turn right onto
westbound Shea Boulevard without infringing into the second westbound
through lane.
If you have any comments or questions, please call me at (602) 906-1334.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, rNC.
64_� 12. (-- -
Charles R. Wright, P.E.
Vice President
Attachments- Figure 1, Figure 2
K:1-Tpto%091648000-Palatial Eatatc-;\PEPQRTS1061302-Icttcr.doc
ft
06 14/0.' FRI 09:47 FAX 602 944 5500 KIMLEY HORN & ASSOC. PHX
zoos
(n Z --
-6-0
Q)
E
O
2
L
aniaa lullulud
O
0 co
GocotoPO
o
o
�
p c
J Q
O II�
G
U N
cn
3: J
05/25/2002 12:42 9528297806
HTPO
II ,II
-
I
(-
�r II
h1
IN 1
li `.11
III `J1
� � I
I
C\
N �
Q7
I
PAGE 02
W
�eAl /YFt�
j kl FOUNTAIN HILLS FIRE DEPARTMENT
FIRE PREVENTION
/ 16836 E Palisades. Bldg. C
Fountain Hills. AZ 85268
(480) 816-5139 (480) 837-1404 fax
FIRE DEPT.
Memorandum
To: Dana Burkhardt
From: Mark Zimmerman, DC/FM
•
Subject: S2000-052 Palatial Estates
Date: May 17, 2002
RE: Review of preliminary plat conformance issues
Upon review of the four items mentioned in the Conformance with the Subdivision
Ordinance, the Fire Department has no safety or response issues. The Fire Department
would like to add a stipulation that due to the 16' width of the entrance roadway that the
curbs on Shea Boulevard on the west bound entrance be rolled curbs. This would allow
the rear tires of the Engine or Ladder to ride up on the curb if needed to make the right
hand turn and miss the median curb. A square curb may be damaged and/or cause
damage to tires under the same circumstances.
The only other item would be to make all parties aware of the possibility of the need for
attic and/or patio protection on homes in this plat. That protection is required when
driveway slopes are between 12.1 % and 15% and longer than 200' and when driveway
slopes are between 15.1 % and 18%. Driveways over 200' in length also require a
turnaround area at the top so that the Engine or Ambulance does not have to back down a
long driveway to get back to the street.
W
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
?RELIMINi4RY�PL`AT_APPLICATIONI N -- t
Date Filed
Fee Paid}
``Y' ,?
oil .?�
Plat Name/Numbef
F04 i,
L FST,+TeZ
Parcel Size 1
Number of Lots
.
Nuinber of Tracts
O r ex
3
Zoning
General Plan Land Use Designation
Density Requeste
(Dwelling Units r Acre)
Applicant
A — 7Jdrcrr
lit
bZy
Xe r op,
•sti��b�.
Address
city
#1 AM t) I♦
t- J
i4wo
-,wrier %re r e y F4.4 � ri.t
IMJ/f /� 1�Ai ri�1 •- �[�it� t�at�•
Address Chy
"see
Attachments (Please list) ' •
Accepted By
- 913
Day Phone y�O
yy3 - ;r v s
ST Zip
Day Phone .clty
ST Zip
Z ".01G0
ignature of 0 ner 1 HERBY AUTHORIZE (Please Print) Date
7�7'7 Z-- — TO FILE THIS APPLICATION. e c 6 aG
Substciibed.fnd swom before me this day of
-� 19
Notary Public My Commission Expires
Schedule Attached
Seal
TFF Case Number
S CC) CU-�52 x
w
W
a
U)
W
J
J
Q i
LL
O
Q
Cj
�I
Z
rr
0—
. , •• • - . . t t !a rt r _ to It.
Q
Z
O
_N
Q
=
Z
-
Qo
U
-
Q
--
m
N
O
Z
O
Q
• ; fla r � �j�e
!1�
0
g
a
d
,7a
MEMORANDUM
TO: Ms. Sintra Hoffman, Interim Town Manager
FROM: Julie Ghetti, Supervisor, Accounting
RE: Final Budget Adoption
DATE: July 30, 2002
At the August 1, 2002 public meeting the Town Council will consider final adoption of the
Fiscal -Year 2002-2003 budget as tentatively adopted on July 2, 2002. State law stipulates that
after tentative adoption the fiscal budget may not be increased. The General Fund budget for
Fiscal -Year 2002-2003 is $15,077,612 including $1,004,793 carry -forward to 2003-2004. If the
Council wishes to reallocate expenditure line items within the General Fund they may do so as
long as the total budget does not exceed $15,077,612. If there are increases in some line items
without a corresponding decrease in other line items the fund balance will be reduced by that
amount.
During the tentative budget adoption the Council had informally requested that a minimum
reserve of $1,000,000 be established as a carry -forward amount for Fiscal -Year 2003-2004. If
there are changes made during the final budget adoption that would reduce this figure it would be
appropriate to request that the Council re-establish a new minimum reserve amount.
I am sorry that I will be unable to attend this Thursday's meeting and hope that I have answered
any questions that you or the Council may have.
(V
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRA eN
Date: 7/26/2002
Re: AGENDA ITEMS #14 AND #15 — RESOLUTION 2002-31 BUDGET ADOPTION
AGENDA ITEMS #14 AND #15 - PUBLIC HEARING AND ADOPTION OF RESOLUTION 2002-
31, ADOPTING THE 2002-2003 BUDGET
These two items begin the final phase of the budget process for fiscal year 2002-2003 that culminates
with the adoption of the tax levy. State law requires that the adoption of the property tax levy occur by
the third Monday in August. This requirement will be satisfied at the Council's regularly scheduled meeting
on Thursday, August 15 when the Council adopts the tax levy required to retire the secondary tax for the
voter -approved street paving project, the $1.4 million land preservation bond, the library/museum bond
and the $6 million mountain preservation bond.
Although there is no specific date set by law for the adoption of the final budget, state law does require a
period of at least seven days between the adoption of the budget and the tax levy. Adoption of the final
budget at the August 1 meeting satisfies this statutory timeline. The only other requirement is that the
tentative budget be published for two consecutive weeks prior to the final adoption. This requirement will
have been met prior to the August 1 meeting. A public hearing precedes the adoption of the budget,
which has been properly noticed according to state law. This is the last opportunity citizens have to
influence the budget until the next fiscal year. But since the approval of the tentative budget on July 2,
2002, individual line items can only be decreased prior to the budget's final adoption at the August 1
meeting. Although line items cannot be increased during the fiscal year, the town manager may transfer
appropriations between line items within any particular department.
Staff recommends approval of Resolution 2002-31.
1 of 1 August 1, 2001 Agenda Items Last printed 7/26/2002 12:55 PM
RESOLUTION NO.2002-31
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE
TENTATIVE BUDGET AS THE 2002-2003 FISCAL YEAR
BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona
Revised Statutes (A.R.S.), the Town Council of the Town of Fountain Hills did, on July 2, 2002, make an
estimate of the different amounts required to meet the public expenditures and expenses for the ensuing
year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by
taxation upon real and personal property of the Town of $1,206,350; and
WHEREAS, in accordance with said chapter of said title, and following due public notice, the
Council met on August 1, 2002, at which meeting any taxpayer was privileged to appear and be heard in
favor of or against any of the proposed expenditures and expenses or tax levies; and
WHEREAS, it appears that publication has been duly made as required by law, of said estimates
together with a notice that the Town Council would meet on August 1, 2002, at the meeting place of the
Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and
WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the
aggregate exceed that amount as computed in A.R.S. § 42-17051(A);
NOW, THEREFORE, BE IT RESOLVED, that the said estimates of revenues, expenditures
and expenses shown on the accompanying schedules as now increased, reduced or changed by and the
same are hereby adopted as the budget of the Town of Fountain Hills for the fiscal year 2002-2003.
PASSED AND ADOPTED this 1st day of August, 2002, by the Mayor and Town Council of
.._.:_ TT:,, -
Cassie B. Hansen, Director of Administration/Town Clerk
REV BY APPRO 15 AS TO FO
Ftra Hoffman, Ac ing Town Manager William E. Farrell, Town Attorney
To
From:
Through:
Date:
Subject:
FOUNTAIN HILLS FIRE DEPARTMENT
16426 E Palisades
Fountain Hills, AZ 85268
(480)837-9820 (480)837-6167 fax
The Honorable Mayor and Council
Scott La Greca
Fire Chief
Sintra Hoffman
Interim Town Manager
July 17, 2002
Grant Purchase Requisition
The purpose of this memorandum is to provide material for the August 1st meeting
agenda in regards to requisition # 26781 for "self contained breathing apparatus, in the
amount of $51,551,16.
Executive Summary:
On March 28, 2002, the Town through the Public Safety Director and the Fire Chief,
requested the Federal Emergency Management Agency to change grant # EMW-2001-
FG-09586, which had been awarded to the fire district, to the Town, and requested an
extension in order to successfully implement the grant. On May 21, 2002, a follow-up
letter was submitted to provide FEMA with further documentation in support of the grant
transfer. On June 12, 2002, I received approval of the transfer and extension.
Action Taken:
Bid specifications were prepared for self-contained breathing apparatus. Three quotes
were received and low bidder is recommended. Also note that this reimbursable
expenditure was accounted for in the Towns 2002/2003 budget.
Recommended Action:
It is recommended that Town Council approve attached requisition in order to meet the
imposed time limitation.
Sales Quote Number: 1256 UNITED FIRE 335N. FourthAvpnue
�. Tucron, A7. 85705
Life Safes► is SQious W ortc
Sales Quote Date:
Page: 1
5�11
To: Fmintain Hills Fire Dept.
16426 E. PALISADES BLVD.
FOUNTAIN HILLS, AZ 85268
SALES 000E
Phone No. 520-922.-M39
Fax No. $20-882.3991
Email, xales0)utec.corn
tlomepoga: www.unHedfire,nnt
L-6T/Ne, 73P,550001 LAWN-- 7g707 nMn
Ship
To: Fountain Hills Fire Uept.
Scott LaOreca
16426 E. PALISADES RI_VU.
Fountain Hills, AZ 85268
Customer ID FOU010
Ship Via
Terms Net 30 Days Salesperson David Crowley —
Item No. Description
Unit
quantity Unit Price
1 otal Price
MSA(3-UM1063-01C127-MMR, Black Rhino Hamess, 3000 Stealth
Each
15 3,194.00
47,910.00
Cylinder with Reversed Valve, Shoulder mount
Quickfill, Medium Ultra Elite Facepiece with
Nosecup and Speed -On Harness, Dragonfly
PASS Device and Redundant Alarm
Part#G-UM10630-1 C127-0
Amount Subject to
Amount Exempt
Subtotal:
47,910.00
Sales Tax
from Sales Tax
invoice C)iscount:
p.(►p
47,910.00
0.00
Sales Tax:
3,fi11. IR
Quote Firm for 30 Days Total g1,rr,1 1r,
6.27.02
Request for Pricing Information:
ro: Fountain Hills Fire Department
Attu: Scott LaCreca
16426 Palisades Blvd.
Fountain Hills, AZ. 85268
From: Greg Dial
MSA
12811 N. l e Place
Phoenix, AZ. 85022
Phone: 490.837.9920
Fax: 480.837.6167
Phone: 602.284.1846
Fax: 602.482.5141
Product: i1'1<SA Self C W01RCd Breathiat=_ AppMtus
Part No. G — UM10630 —1 C127 — 0 4, 355.00 each
MSA MMR SCDA with: x 1 �_
• Black Rhino Harness t
• 3000psi Stealth Cylinder with reverse valve t� c'
• '/4 '1'um MMR Regulator ��
• Shoulder Mounted Quick Fill Fitting
• Ultra Elite Facepiece with Nosecup and Speed on Ilead I Iamess---
• Dragonfly and Redundant ,Alarm
Plus applicable sales tax and freight charges.
Thank you,
Greg Dial
%►
612712()()2
E J SAFETY
5609 W. LATHAM ST. #102
PHOENIX, AZ 85043
(602}142-1885/FAX(602 42-1886
TO: Scott LaGreca
Fountain Hills Fire Department _
16426 Palisades Blvd.
Fountain Hills, AZ 85268
QUOTATION
FOB
SI PIPPING roIN I --
TERMS
NET 20 DAYS
SHIP VIA
BES f WAY
1 ea
G-UM1063G-1C127-0 Ultralite MMR Air ackwith Black Rhino
$ t,170.00
$4 170.00
Hamess 3000 si Stealth C tinder with
-
reversed valve uarter turn r ulator,
shoulder mounted Quick -Fill Ultra Elite
Facepiece with nosecup and S ed-On
�—
Harness, Dragonfly PASS with redundant
alarm
$4,170,0(
SUBTOTAL
_-_
TAX $337.77
TOTAL $4,507.77
4� c
Fountainhillsfire.xls
; 4i'AA3
AAWCr-WJAAL1kr_-WUL2EMfAJ
Arizonans For Fair Gaming
And Indian Self -Reliance
For more information about
Prop 202, please contact:
Arizonans for Fair Gaming
And Indian Self -Reliance
800-829-4133
www.azindiangaming.org
ABOUT PROPOSITION 202: THE 17-TRIBE INITIATIVE
Background
Since 1993, Indian gaming on tribal lands has been
providing jobs and funds for vitally needed services on many
Arizona Indian reservations. However, a legal technicality
in state law could force the shutdown of Arizona's Indian
casinos. Unless state law is clarified, either by the legisla-
ture or a vote of the people, the jobs and revenues from
Indian gaming could be lost.
For the past two and a half years, leaders of 17 tribal
governments and the Governor negotiated in good faith to
find a reasonable solution to the issue. Early in 2002 an
agreement was reached and put forth in the legislature for
approval. Despite efforts to work with the legislature, the
Key Provisions
process became lengthy and cumbersome.
That is why Prop 202 has been proposed for the
November 2002 ballot. It will authorize the continuation of
Indian gaming in Arizona and preserve and enhance the
benefits of gaming for all Arizonans.
Proposition 202 was filed by Arizonans for Fair Gaming
and Indian Self -Reliance, a coalition of more than 65,000
individuals, businesses and organizations throughout
Arizona. It is the only measure that is supported by
17 tribal governments representing more than 90% of
tribal members living on reservations in Arizona.
Prop 202 will:
• Continue limited and regulated gaming on Arizona tribal lands to provide jobs and generate vitally needed funding for
education, housing and healthcare and other governmental services;
• Provide for additional regulatory oversight by the Arizona Department of Gaming;
• Enable non -gaming tribes, located in remote areas of the state, to benefit from gaming revenue; and
• Share a portion of shared gaming revenues to the State of Arizona and local governments to support specified state and
local programs.
Regulation
Since 1993, the federal, state and tribal governments have strictly regulated Indian gaming in Arizona. To further
strengthen regulation, Prop 202 provides the state Department of Gaming with additional regulatory provisions.
Revenue Sharing
An estimate $83 million a year from Indian gaming will be contributed to the state and local communities. The breakdown of
these contributions is as follows:
• 12% of the total monies will be directed to city, town and county governments for government services benefiting the
general public, such as public safety and promotion of commerce and economic development
• An additional 9% of the total will fund the State's regulatory expenses.
The remainder of the monies will go to the Arizona Benefits Fiend. Of that fund:
• 56% will be directed to educational programs and needs;
• 28% will fund emergency services and trauma centers;
• 7% will go for wildlife and habitat conservation;
• 7% will help fund statewide tourism promotion; and
• 2% will be directed to educate, prevent and treat problem gambling.
In addition to provisions benefiting the state, under the Initiative, tribes that are too remote to have casinos will be able
to receive funds from gaming through transfer agreements with gaming tribes.
Paid for by Arizonans for Fair Gaming & Indian Self -Reliance — sponsored by Arizona Indian Gaming Association. Major funding
provided by Ak-Chin Indian Community, Gila River Indian Community, Salt River Pima-Maricopa Indian Community, Tohono
O'Odam Nation, and other Indian tribes in Arizona.
PROPOSITION 201
FAIR GAMING ACT
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 201 allows racetracks conducting live horse and dog racing to operate
slot machines and authorizes the Governor to enter into tribal gaming compacts allowing
Indian tribes to operate slot machines and card and table games on tribal land. Racetracks
would pay 40% of their "gross gaming revenue" (defined as the difference between
gaming wins and losses, before deducting costs and expenses) from the operation of slot
machines to the state to fund racing and agricultural programs, reading programs for
kindergarten through third grade students, programs to provide medical assistance in rural
areas and reduce the cost of prescription drugs for Medicare recipients, scholarships,
statewide tourism, programs for problem gambling, local government programs to
provide enhanced police, fire and emergency services, and to the state fund used for the
generaloperationof state government. Tribes that compact to conduct house -banked
blackjack or house -banked poker, or that elect to transfer unused slot machines would
contribute 8% of their "gross gaming revenue" to the state fund used for the general
operation of state government.
Arizona has entered into gaming compacts with 17 of the state's 21 Indian tribes.
These compacts permit the tribes to operate specific gaming activities, including slot
machines, that are, according to a federal court decision on appeal, illegal off of Indian
reservations. These compacts begin to expire in the summer of 2003.
State law currently allows wagering on horse and dog racing at facilities that have
state permits. State law does not presently allow horse and dog tracks to offer slot
machines.
Proposition 201 allows the operation of slot machines at racetracks and authorizes
the Governor to enter into new gaming compacts with Indian tribes as follows:
• Term
• Racetracks — Each racetrack permittee must have a license to conduct live horse
or dog racing before they may operate slot machines. The license is subject to
renewal every 3 years and is revocable at anytime for cause. In addition,
continued operation of slot machines will be subject to legislative review of the
Arizona Department of Racing and the Arizona Racing Commission. State
agencies undergo a complete review every 10 years and are subject to legislative
oversight between reviews.
• Gaming compacts - 10 years.
• Facilities
• Racetracks - Up to 10 racetracks statewide and up to 2 racetracks in a single
county could operate slot machines.
• Gaming compacts - Each tribe may operate 1 to 3 gaming facilities, depending on
tribal enrollment.
• Games
• Racetracks - A maximum of 6450 slot machines at racetracks statewide would be
allowed. The maximum number of slot machines at a single track would range
from 550 to 950, depending on how many live races the track offers. This amount
will increase every 5 years based on changes in the state's population.
• Gaming compacts - Tribes may offer slot machines, blackjack, poker, wagering
on horse and dog races, raffles and bingo. Each tribe may operate 600 to 2400
slot machines, depending on tribal enrollment. A maximum of 1000 slot
machines is allowed at a single facility. A tribe that elects expansion of terms
found in existing compacts may offer blackjack and poker at 50 to 75 tables per
facility, depending on how close the facility is to a heavily populated city.
Additionally, if the tribe elects expansion of terms found in existing compacts, the
tribe may contract with another tribe to operate that tribe's slot machines and pay
not less than 50% of the net win to the other tribe. The number of slot machines
allowed adjusts every 5 years based on changes in the state's population. The
Governor and each tribe may renegotiate the number of gaming tables allowed at
that time.
• Transfer provisions
• Racetracks - There are no provisions for racetracks to transfer their slot machine
allotments to other tracks.
• Gaming compacts - Tribes may transfer a portion or all of their slot machine
allotments to other tribes; a transferring tribe will receive not less than 50% of the
net win from the transferred slot machines.
• Revenue
• Racetracks - Tracks must pay 40% of their gross gaming revenue from the
operation of slot machines to the state. Monies would be distributed to numerous
racing and agricultural programs, to reading programs for kindergarten through
third grade students, to provide medical assistance in rural areas and reduce the
cost of prescription drugs for Medicare recipients, to provide scholarships, to
promote statewide tourism, to combat problem gambling, to cities to provide
enhanced police, fire and emergency services and to the state general fund.
• Gaming compacts - Tribes electing expansion of terms found in existing compacts
must contribute 8% of their gross gaming revenue to the state in return for the
exclusive right to operate house -banked card games such as blackjack and house -
banked poker games and to operate transferred slot machines from other tribes up
to the limit of 1000 slot machines per casino. Monies go to the state general fund.
Pursuant to current law, tribes will continue to pay their share of regulatory costs
incurred by the state.
• Disclosure
• Racetracks - Tracks must disclose gross gaming revenue from each racetrack and
each gaming activity. This information is open for public inspection at the
Arizona Department of Racing.
• Gaming compacts - Each tribe must disclose to the Arizona Department of
Gaming its gross gaming revenue for each facility and each gaming activity and
its contributions to the state. This information is open for public inspection.
2
• Regulation
• Racetracks - The Arizona Racing Commission must adopt rules setting forth
standards for inspecting slot machines and monitoring their use, surveillance,
record keeping and reporting requirements and standards for background
investigations and licensure of employees. The racetracks would continue to be
subject to annual audits.
• Gaming compacts - Compacts must establish standards for investigation, licensing
and certification of gaming employees and persons who provide gaming goods or
services by tribes and the state, must require minimum standards and operating
procedures for gaming, must authorize audits and inspections of gaming facilities
by the Arizona Department of Gaming and enforcement by the Department of
compact terms, must establish technical specifications and testing and inspection
procedures for slot machines and must establish surveillance requirements.
• Results of Statewide Expansion of Gambling - Any changes to state law to allow
expansion of gambling must be enacted by the voters.
3
Arizonans for Fair Gaming and Indian Self -Reliance
ARGUMENTS,"FOR"PROPOSITION 202=17„Tr>Ibe fnitiative
CATEGORY
HEADLINE
SIGNERS
Business
Local Small Business Owners
James Babbitt', Babbitt's Wholesale & Mercantile, Flagstaff
Owners,
Support Continued Indian
John Martinson, China Mist Co., Phoenix
Small
Gaming Under Prop 202
Ken Koehler' — Fast Signs on Central, Phoenix
Dan Ward, Kona Grill, Scottsdale
Larry Williams, Oasis Offset, Chandler
Business
Preservation of Indian Gaming
Dorothy Finley' — Finley Distributors (Tucson)
Leaders
is Vital to Local Economies
Dan Lewis" — Bank of America (Phoenix)
Steve Stallings', Vice President, Wells Fargo (Phoenix)
Eddie Basha*
Karl Eller`, CEO, Eller Media Company
Lavelle McCoy, President, McCoy Motors, Flagstaff
Prop 202 is good for Business
Annette Alvarez, Immediate Past President, National Association of
Women Business Owners
Community
Community Leaders Say YES
Susan Reiner`, World Affairs Council
Leaders
on Prop 202
Ray Clarke*, Tucson Urban League
Joyce Downey*, International Refugee Services
Economics
Proposition 202 Promotes the
Steve Cornell
Welfare of the Poorest Tribes
Education
Prop 202 Helps Prepare
Laurence Gishey`, Board Member, Coconino Community College
Students for College
Foundation and Past President of Dine College
Jack Jewett, Arizona Board of Regents
Teachers: YES on 202 is a
Roseann Dugnas-Gonzalez', Teacher, Tucson
Vote for Better Public Education
Sara Wilson*, Teacher, Tempe
Jan Snyder', Teacher, Scottsdale
Linda Gaumer", Teacher, Rio Rico
Superintendent of Arizona
Jaime Molera — Superintendent of Public Instruction
Schools Endorses YES on Prop
202
Environment
Proposition 202 Helps Arizona
Katrina Rogers — no title
Joe Carter, Commissioner, AZ Fish & Game Commission
Michael M. Golightly, AZ Fish & Game Commission
W. Hays Gilstrap, AZ Fish & Game Commission
Joe Melton, AZ Fish & Game Commission
Firefighters
Firefighters: YES on 202
Billy Shields, Fire Fighters Association
CATEGORY
HEADLINE
SIGNERS
Government,
YES on Prop 202 for Local
Michael Bluff*, Mayor. Clarkdale
Local
Communities
Ruben Jauregui*, Mayor, Cottonwood
Neil Giuliano*, Mayor, Tempe
Tom Sockwell*, County Supervisor, Mohave Countty
Lenore Stuart*, Supervisor, Yuma County
Jackie Baker*, Councilmember, Campe Verde
Mitchel Dickinson*, Councilmember, Camp Verde
John Kavanaugh, Fountain Hills Council
Lionel Ruiz, Pinal County Supervisor
Cruz Salas*, Supervisor, Gila County
Sharon Bronson*, Supervisor, Pima County
Richard Elias, Supervisor, Pima County
Mary Rose Wilcox*, Supervisor, Maricopa County
Joe Donaldson, Mayor, City of Flagstaff
Government
Janet Na olitano
Health Care
Funds from Prop 202 Support
John R. Rivers — Arizona Hospital & Healthcare Association
Life -Saving Emergency Care
Laurie Lange — Arizona Hospital & Healthcare Association
Arizona Nurses Support YES on
Cathleen Denny*, Sacaton
Prop 202
Hispanic
Hispanic Leaders Endorse YES
Ronnie Lopez
Annette Alvarez
on Prop 202
Jaime Molrea
Rep. Jim Sedillo
Rep. Carlos Avelar
Rep. John A. Loredo
Rep. Mark Clark
Arthur B. Othon
Malena Albo, Member, Coalition for Latino Political Action
John L. Ramos, Member, Coalition for Latino Political Action
Dr. Patrick Maloney, Maloney Chiropractic
Ray & Ernestina Arvisu
Rosa Cantor, President, Creative Human Resources Concepts, LLC
Rep. Richard Miranda
Rep. Pete Rios
Senator Ramon Valadez
Senator Virginia Yrun
Rep Albert Tom
Senator Joe Eddie Lopez
Senator Linda Aguirre
Law
Prop 202 Increases Funding for
Seymour Nealis — Ret. Police Chief Goodyear
Enforcement
Law Enforcement
Thomas Milldebrandt — Ret. Major
James Keyes — Watch Commander
Tony Estrada — Santa Cruz Sheriff
Sheriff Joe Arpaio Urges YES
Joe Arpaio, Sheriff, Maricopa County
on 202
Regulator
Proposition 202 is the Only
Grant Woods
Balanced Approach to Fair
Gaming in Arizona
CATEGORY
HEADLINE
SIGNERS
Arizona Gaming Director
Steve Hart, Director, AZ Department of Gaming
Supports YES on Prop 202
Sen. McCain
Senator McCain Endorses YES
Sen. John McCain'
on Proposition 202 the 17 Tribe
Indian Self -Reliance Initiative
Senior
Arizona Seniors Benefit from
Patricia Carus`, AZ Silver Hair Leg
Citizens
Indian Gaming Under Prop 202
Robert Morehouse, Delegate, AZ Silver Hair Leg
Patrick Lavin, AZ Silver Hair Le
Tourism
Tourism Alliance, representing
Roger Beadle —Yuma CVB
350,000 Arizona jobs, urges
and 10 Tourism Alliance Members
YES on Prop 202
Tourism Leaders, representing
10 tourism industry leaders
350,000 Arizona jobs, urges
YES on Prop 202
YES on Prop 202: Tourism and
Arizona American Indian Tourism Association
Culture
Rory Majenty — President
Joan Timeche — Member
Tandy Young — Treasurer
Faith Camarena — Member
Janelle Sixkiller — Member
Tia Marie Thompson Jones — Secretary
Belma B. Navakuku - Member
Hotel Association Urges YES on
'Steve Mussatto - AzHLA & officers
Prop 202
Jodi Harwood
Sherry Henry
Tribal
Proposition 202: The 17-Tribe
Carmen Bradley, Kaibab-Paiute
Leaders
Initiative is Needed So We May
Aaron Russell, Yavapai-Apache
Continue on the Path to Self -
Reliance
Dallas Massey, WMAT
Nora Helton, Fort Mojave
Vivain Burdette, Tonto Apache
Sherry Cordova, Cocopah Tribe
Governor Antone, Gila River
Terry Enos, Ak-Chin
Clinton Pattea, Fort McDowell
Ivan Makil, Salt River
Mike Jackson, Quechan
Louise Benson, Hualapai
Robert Valencia, Pasqua Yaqui
Edward Manuel, TO
Velas uez Sneezy, San Carlos Apache
The Navajo Nation Supports a
Edward T. Begay, Speaker, Navajo Nation Council
YES Vote on Proposition 202
Arizonans for Fair Gaming and Indian Self -Reliance
ARGUMEN ,S AgAI NST,�' PROPOSITION _202 17 Tribe Initiative
CATEGORY
HEADLINE
SIGNERS
Anti 202
Statement Against Prop 202
Ray Bernal, Chairman, Yes for Arizona
Anti 202
Prop 202 is not the Answer
Ann Eschin er, Former President, League of Women Voters
Anti 202
Argument against Prop 202
Paul Eckstein, Attorney, Brown & Bain
Anti 202
Statement Against Prop 202
Rose Ferber, Senior Citizen, Peoria
Anti 202
Tucson Restaurant Owner
Supports 200, opposes Prop 200
Bob McMahon, Owner, Metro Restaurants
Anti 202
No on 202
Lori Daniels, State Senator
Anti 202
Argument against Prop 202
Linda Rawles, Mesa
Anti 202
Statement Opposing Prop 202
John A. "Jack" LaSota, Former State Attorney General
Anti 202
No on 202
John Kyl, US Senator
John Shadegg, US Congressman
Jeff Flake, US Congressman
Anti 202
Argument against Prop 202
Gary McCaleb — Litigation Counsel, Center for Arizona Policy
Cathi Herrod — Policy Director, Center for Arizona Policy
Anti 202
Statement Opposing Prop 202
Ian McPherson, Phoenix
Arizonans for Fair Gaming and Indian Self -Reliance
ARGUMENTS"AGAINST' PROPOSIT(ON200b-'�CRIT;Sing,le�Tr�be,�lnitiative
CATEGORY
HEADLINE
SIGNED BY
Community
Prop 200 is a Losing Proposition
Donna Neill -Nailem
for Local Communities
Paul Barnes- N'hood Coalition of Phx
Deborah Jefferson, President Abel Acres Block Watch Association
Education
School Teachers Oppose Prop
Roseann Gonzalez', Teacher, Tucson
200, the CRIT Single Tribe
Sara Wilson*, Teacher, Tempe
Initiative
Jan Snyder', Teacher, Scottsdale
Linda Gaumer", Teacher, Rio Rico
Government,
Communities Urge NO Vote on
Ruben Jauregui- Cottonwood Mayor
Local
Prop 200
Jackie Baker — Camp Verde City Council
Law
Sheriff Joe Arpaio Urges NO on
Joe Arpaio, Sheriff, Maricopa County
Enforcement
Prop 200, NO on 201 and YES
on 202
Regulator
Prop 200 is a Flawed Initiative
Steve Hart
that Undermines Regulated,
Limited Gaming In Arizona
Senior
Senior Citizens Oppose the
Patricia Carus, Board Member, AZ Silver Haired Legislature
Citizens
CRIT Single Tribe Initiative
Patrick A. Lavin
Marge McClanahan, AZ Silver Hair Leg
Robert B. Morehouse, Delegate, AZ Silver Hair Legislature
Anti 200
No on 200
Lori Daniels — State Senator
Anti 200
No on 200
Beverly Soto
Anti 200
No on 200
Ann Caulkins
Anti 200
No on 200
Jason Taylor
Anti 200
Anti 200
Jon Kyl -- US Senator
John Shadegg — US Congressman
Jeff Flake — US Congressman
Anti 200
No on 200
Gary McCaleb — Litigation Counsel, Center for Arizona Policy
Cathi Herrod — Policy Director, Center for Arizona Policy
Anti 200
No on 200
Stephen Hart — Director, ADoG
Anti 200
Con Argument for Prop 200
Jane D. Hull — Governor of Arizona
Anti 200
Statement Opposing Prop 200
Ian McPherson --
Arizonans for Fair Gaming and Indian Self -Reliance
ARGUMENTS "FOR' PROPOSITION 200,nECRIT Single Tr�b (e n�tiatw�
CATEGORY
HEADLINE
SIGNERS
Pro 200
Ballot Argument in Favor of Prop 200
Ray Bernal —Chairman, Yes for Arizona
Dennis Patch —Tribal Councilmember, CRIT
Pro 200
Former Governor Raul Castro Supports
Raul Castro —Former Governor of Arizona
Prop 200
Pro 200
Pima Community College President
Robert Jensen —Pima Community College Chancellor
Supports Prop 200
Pro 200
Argument for Prop 200
Paul Eckstein —Attorney, Brown & Bain
Pro 200
Former President of State League of
Ann Eschinger-- Former President of State League of Women
Women Voters Expresses Support for
Voters
Prop 200
Pro 200
ASU Student Shows How Much
Vanessa Bucher—ASU Student
Scholarships Can Make a Difference:
Vote Yes on Proposition 200
Pro 200
Statement of Student Regent Meaker:
Matthew Meaker—U of A Student Regent
Proposition 200
Pro 200
Assisted Living Facility Shows Support for
Colleen Sweet —Executive Director, Scottsdale Village Square;
Prop 200's Positive Impact on Senior
President, Senior Management Resources
Care
Pro 200
Statement of Rose Ferber in support of
Rose Ferber —Senior Citizen, Peoria
Prop 200
Pro 200
Argument for Prop 200
Dennis Patch—CRIT Tribal Councilmember
Pro 200
Proposition 200 Benefits Seniors, All of
Andy Haber —Senior Citizen, Tucson
Arizona
Pro 200
Proposition 200 would greatly benefit
Lynne Davis —Administrator, Sierra Winds Lifecare Retirement
senior care
Community
Pro 200
CRIT Fire Department Supports 200
Terri L. Little —Fire Chief, CRIT
Pro 200
Argument for Prop 200
Rosario Hurtado—Ke ah Farms, Parker
Pro 200
Ballot Ar ument in Support of Prop 200
Herculano Casares—H&C Farms, Parker
Pro 200
Argument for Prop 200
Francisco Diaz — D&D Farms, Parker
Adrian Diaz — D&D Farms, Parker
Pro 200
Ecological Programs Specialist Urges a
Jon Villalobos — Ahakhav Tribal Preserve, CRIT
Yes on Prop 200
Pro 200
Ballot Argument in Favor of Prop 200
Rodney Glassman — Owner, Gateway Ice Center, Tucson
Pro 200
Navajo Expresses Support for Prop 200
James Peshiakai — Navajo Tribe Member
Pro 200
Preserving Indian Gaming, Supporting
Clarinda Vail — Tusayan, Arizona
Prop 200 will help Arizona's Tourism
Economy
Pro 200
In Re Proposition 200
S. Thomas Chandler — Former Resident of Parker
Pro 200
Initiative Provides New Educational
Sharon Jaeger -Ridenour — Teacher, Scottsdale
Opportunities for Arizona Students
Pro 200
Prop 200 - The Best Choice for Rural
Jerry McGuire — Parker Area Businessperson
Arizona
Pro 200
Native American Elder Witnesses
Gertrude Van Fleet — Mohave Tribe (CRIT)
Benefits of Indian Gamin
Pro 200
Rural Benefits from Indian Gaming,
Michael Vasquez — Williams City Councilmember
Proposition 200
Pro 200
Prop 200 will be a Long -Range Economic
Linda Bloxhas — Navajo Tribe (CRIT)
Boost for Rural Tribes
Pro 200
Prop 200 Good for Arizona's
David Goulet — Glendale City Councilmember
Communities
Pro 200
Bluewater Resort and Casino Boosts
Tourism Throughout La Paz County
Dempsey Holt — Marketing Director, Bluewater Resort &
Casino
Pro 200
Tucson Restaurant Owner opposes Prop
Bob McMahon — Metro Restaurants
202, supports 200
Pro 200
Argument FOR Prop 200
Bruce Friedemann —Candidate for State Representative,
District 28 Tucson
Arizonans for Fair Gaming and Indian Self -Reliance
ARGUMENTSAGAINST" PRO�OSITION�20Racetrack'Casino'Gambling P;ro�osition
CATEGORY
HEADLINE
SIGNED BY
Community
Community Groups Say NO to
Donna Neill*, Nailem
Prop 201 the Racetrack Casino
Paul Barnes', N'hood Coalition of Greater Phx
Gambling Proposition
Deborah Jefferson', Abel Acres HOA
Government
The Racetrack Casino Gambling
Elaine Richardson', State Senator, District 11 Tucson
Initiative is a Deceptive Attempt to
Shut Down Indian Gamin
Vote NO on Prop 201, The
Peggy Bilstein, Phoenix City Council
Racetracks Casino Gambling
Proposition
Hospitality
Tourism Leaders say NO to Prop
Kathy Dahnk — White Mountain Tourism Solutions
201
Noelle Dahnk — Nichols Gilstrap, Inc.
Bridget King — Arizona Republic
Denise Meridith — DMCI
Jeanne Westphal
Beth Daley
Frances Amin
Brenda S. Martz
Gina Frigo
Nancy Krause
Law
Law Enforcement Officials
Seymour Nealis*, Ret. Police Chief, Goodyear
Enforcement
Oppose Racetracks' Bid to Turn
Thomas Milldebrandt*, Retired
Arizona into Nevada
James Keyes', Watch Commander, Dpt of Public Safety
Tony Estrada', Sheriff, Santa Cruz County
Sheriff Joe Arpaio Urges NO on
Sheriff Joe Arpaio
Prop 200, No on 201 and YES on
202
Tribal, AIGA
Prop 201 Attempts to Kill Limited
Carmen Bradley, Kaibab-Paiute
Indian Gaming
Aaron Russell, Yavapai-Apache
Dallas Massey, WMAT
Nora Helton, Fort Mojave
Vivain Burdette, Tonto Apache
Sherry Cordova, Cocopah Tribe
Governor Antone, Gila River
Terry Enos, Ak-Chin
Clinton Pattea, Fort McDowell
Ivan Makil, Salt River
Louise Benson, Hualapai
Mike Jackson, Quechan
Robert Valencia, Pasqua Yaqui
Edward Manuel, TO
Velas uez Snee , San Carlos Apache
Anti 201
Attention Dog Lovers Vote No on
Stephanie Nichols -Young, Chair, Arizona Greyhound Protection
201
Alliance
Anti 201
Animal Defense League of
Stephanie Nichols -Young, Chair, Arizona Greyhound Protection
Arizona urges you to Vote NO on
Alliance
Prop 201
Karen Michael, Secretary, Arizona Greyhound Protection Alliance
Anti 201
Ballot Statement in Opposition to
Susan Wilson, Executive Director, Humane Society of Southern
The Fair Gaming Act
Arizona
Pat Hubbard, Assistant Executive Director, Humane Society of
Southern Arizona
Anti 201
Argument against Ballot Initiative
Dr. Larry Hawk, President/CEO, ASPCA
to Authorize Slot Machines at
Stephen Eudene, Senior VP/CFO, ASPCA
Greyhound Race Tracks
Anti 201
More Tracks mean More
Linda Kangas, Secretaryk, Arizona Greyhound Rescue
Homeless Dogs
Suzanne Waldenber, er, President, Arizona Greyhound Rescue
Anti 201
Humane Society of the United
Wayne Pacelle, Sr. VP, Communications & Government Affairs,
States Urges "No" on Racing
Humane Society of the U.S.
Initiative
Martha Armstrong, Sr. VP, Companion Animals and Equine
Protection, Humane Society of the U.S.
Anti 201
Susan Netboy, President, Greyhound Protection League
Barbara Eineichner, Treasurer, Greyhound Protection League
Anti 201
Slot Machines at Dog Tracks
Carey Theil, President, Grey2K USA
would Subsidize Animal Cruelty
Christine Dorchak, Vice President, Gre 2K USA
Anti 201
No on 201
John Kyl, US Senator
John Shadegg, US Congressman
Jeff Flake, US Congressman
Anti 201
Argument against Prop 201
Gary McCaleb — Litigation Counsel, Center for Arizona Policy
Cathi Herrod — Policy Director, Center for Arizona Policy
Anti 201
Argument against Prop 202
Cheryl Naumann, President/CEO, Arizona Humane Society
James Burgess, Chairman Elect, Arizona Humane Society Board of
Directors
Anti 201
Argument against Prop 201
Jamie Massey, Chairperson, Euthanasia Reduction
Anti 201
"Con" Argument for Prop 201
Jane Hull, Governor of Arizona
Anti 201
Statement Opposing Prop 201
Ian A. McPherson, Phoenix
Anti 201
Argument against Prop 201
Paul Eckstein, Attorney, Brown & Bain
Anti 201
Argument against measure 201
Scott MacPherson, Phoenix
Arizonans for Fair Gaming and Indian Self -Reliance
RGUMENTS" .OR' PROPOSITION 201Racetrack Casinp-Gambling'Propo! iW n
CATEGORY
HEADLINE
SIGNERS
Pro 201
Yes on 201
Dale Ray, Chairman, Coalition for Arizona
Pro 201
Yes on 201
Mitch Beatty, Police Officer, Tucson
Pro 201
Yes on 201
Luis Anderson, Chief, South Tucson Fire Department
Pro 201
Yes on 201
Dixie Zumwalt, Greenlee County Supervisor
Pro 201
Yes on 201
Cecil Bullock, Teacher, Tucson
Pro 201
Yes on 201
Jim Wall, Senior Citizen, Tucson
Pro 201
Yes on 201
Cory Kellogg, Farmer, Glendale
Pro 201
Yes on 201
Linda Parker, Phoenix
Pro 201
Yes on 201
Bill Greser, Yuma Greyhound Park
Pro 201
Yes on 201
Kevin Eikleberry, President, Arizona Horseman's Benevolent & Protective Association
Pro 201
Yes on 201
Roger Martens, Retired Police Officer, Apache Junction
Pro 201
Yes on 201
Edward Braun er, General Manager, Apache Greyhound Park
Pro 201
Yes on 201
Linda Parker, Phoenix
Pro 201
Yes on 201
Frank Covello, President, Arizona Thoroughbred Breeders Association
Pro 201
Yes on 201
W.S. Champlin, Chandler
Pro 201
Yes on 201
Ray Odom, Former President, Arizona Thoroughbred Breeders Association, Former
President, Arizona Horseman's Benevolent Association
Pro 201
Yes on 201
Tom Bartol, Race horse owner and trainer, Avondale
Pro 201
Yes on 201
W. Kip Keefer, Tucson
Pro 201
Yes on 201
J. Lloyd Yother, President, Arizona Quarter Racing Association
Pro 201
Yes on 201
Kenneth Todd, Chandler
Pro 201
Yes on 201
Denise Cham ne , Apache Junction
Pro 201
Yes on 201
Maral n Parker, Office Mana er, Santa Cruz County Fair & Rodeo Association
Pro 201
Yes on 201
Pam Patterson, Tucson
Pro 201
Yes on 201
Harold Silvestri, Scottsdale
Pro 201
Yes on 201
Lewis & Margaret Pehl, Chino Valle
Pro 201
Yes on 201
Douglas Barlow, Greenlee County Fair & Racing Director
Pro 201
Yes on 201
Mr. & Mrs. Eugene Southern, Phoenix
Pro 201
Yes on 201
MR. & Mrs. Gil Dye, Jr., Farm owners, Phoenix
Pro 201
Yes on 201
Joe Payne, Prescott Valle
Pro 201
Yes on 201
Kurt Kunz, Feed store owner, Phoenix
Pro 201
Yes on 201
Thomas Dack, Apache Junction
Pro 201
Yes on 201
Harold Hager, Member, Santa Cruz County Fair & Rodeo Association
Pro 201
Yes on 201
Gill Snyder, Morristown
Pro 201
Yes on 201
Mr. & Mrs. Robert Anderson, Senior Citizens, Tucson
Pro 201
Yes on 201
Reba Silvestri, Scottsdale
Arizonans For Fair Gaming
And Indian Self -Reliance
How Gaming Dollars are Being Used by Indian Tribes in Arizona
Overview
For 200 years, the fate of tribes hung almost
entirely with the federal government. In exchange
for ceding their land to the United States, American
Indians would receive health, welfare and educational
benefits from the government. Over the years, failed
government programs and a lack of commitment to
the tribes took their toll leaving Indian people with
remote and often barren lands with few ways to pro-
vide for their own.
Today, Indian tribes in Arizona continue to have
tremendous needs. Faced with the magnitude of these
needs, tribal governments, like any government, must
find ways to provide for their people. Unlike city or
county governments, tribal councils must deliver serv-
ices without benefit of a tax base or shared revenues
from the State of Arizona. Because most tribal lands
reserved for Indian tribes are in remote locations,
most lands offered limited economic opportunity.
Today Indian tribes in Arizona still have tremen-
dous needs. The 1989 figures, which predate gaming
on Indian lands, provide a base line to track progress
in meeting these critical needs.
NEEDS
■ HOUSING
Homes on reservations are substandard, in disrepair,
overcrowded and in short supply. In 1989, U.S.
Census information revealed that in Arizona, 41% of
tribal members' homes lacked running water or bath-
rooms; 38% lacked kitchens; and nearly half the
homes were without telephone service.
■ EDUCATION
Nationwide, American Indians suffer a drop out rate
three -to -four times higher than the norm. In 1989, in
Arizona, an average of 57% of all tribal members
lacked a high school diploma compared to an Arizona
average of 21%. Only approximately 3% of tribal mem-
bers held a college degree, compared with an average
of 20% of Arizonans.
■ UNEMPLOYMENT
In 1989, Indians in Arizona reported an unemploy-
ment rate more than four times that of other resi-
dents. According to national census data, Native
Americans had the highest level of unemployment of
any racial or ethnic group surveyed, more than twice
the national unemployment rate.
■ POVERTY
In 1989 the Bureau of Indian Affairs reported that
30% of employed Native Americans in Indian Country
lived below the poverty line. In Arizona, 55% of the
Indian population lived at or below the poverty level
in 1989, compared to 16% of non -Indian residents.
More than half the population of American Indian
children lived in poverty in Arizona, compared to 18 %
of non -Indian children.
In 1989 tribal members in Arizona reported a per
capita income of $3,736 compared to the state aver-
age of $13,461 per person.
■ HEALTH CARE
According to 1998-1999 data from the U.S.
Department of Health and Human Services Office of
Public Health, Native American mothers are twice as
likely as any other group to be diabetic when they
give birth. Tribes also experience a much higher rate
of infant mortality than other ethnic or racial groups.
Compounding these problems, hospitals, clinics, dialy-
sis centers, skilled nursing staff, and health care pro-
grams are often non-existent on tribal lands.
■ INFRASTRUCTURE
Most roads, sewers and water systems on tribal lands
are out of date, unsafe and in dire need of replace-
ment. In Arizona, in 1989 nearly half the homes on
tribal lands lacked telephone service.
Arizonans For Far Gaming And Indian Self -Reliance
6/20/02
The Gila River Indian Community allocates nearly
$6 million annually for a scholarship program for
academically qualified community members to
accredited institutions and certificate programs. In
addition, the community provides annual assistance
to the six elementary and middle schools located on
the reservation.
The Ak-Chin Indian Community scholarship pro-
vides financial assistance to all enrolled Ak-Chin
Indian Community Tribal members to pursue careers
at higher education institutions of their choice. In
order to continue receiving financial assistance, stu-
dents must maintain a satisfactory academic stand-
ing. -Currently, a GED program has been established to
assist Tribal members to obtain their GED certificate.
On average, 30 - 40 Community members may seek
education assistance and apply for available support.
Annually, 17 - 21 members are funded and benefit
from the various programs.
The Tohono O'odham Community College is 100%
funded by the Nation's gaming revenues.
EMPLOYMENT
On reservations located near metropolitan areas casi-
nos provide employment for Indians and non -Indians.
Cliff Castle Casino, owned by the Yavapai-Apache
Nation, is the largest employer in the Verde Valley.
On remote reservations, gaming provides crucial
opportunities for employment. The number of tribal
employees working in rural Indian gaming can run as
high as 84%.
The Cocopah Tribe had an employment rate of 15%
before governmental gaming opened on their three
reservations. Since gaming, their employment rate
has soared to 85% to 90%. The tribe employs 200 peo-
ple in the casino and another 50 in regulatory func-
tions, the great majority of whom are non -tribal mem-
ber5. Gaming revenues also fund the tribe's
Manpower program which puts 40 people to work
who, because of their lack of education, would be
unemployable. Manpower employees are helping con-
struct many new tribal buildings including the Police
Department.
The Gila River Indian Community currently employs
in excess of 3,500 individuals throughout the commu-
nity government and business enterprises. The
unemployment rate today is approximately 15%, sig-
nificantly lower than the 40% of a decade ago.
With gaming revenues, Salt River Pima-Alla% icopa
Indian Community has cut its unemployment rate in
half to 15%.
The Tohono O'odham Nation is the 12th largest
employer in Southern Arizona according to an
Arizona Daily Star survey released in March, 2002.
The Pascua Yaqui Nation is the 25th largest employer
in Southern Arizona according to a Arizona Daily
Star survey.
GOVERNMENTAL SERVICES
The Pascua Yaqui Nation is building a new complex
to house the fire department along with other major
service departments.
Tohono O'odham Nation is building a $9 million clinic
to house dental, dialysis and ambulatory services;
With the opening of the Archie Hendricks Sr. Nursing
Facility, the Tohono O'odham Nation will care for 60
elders who will return to their land from Phoenix.
Gaming provides more than half the governmental
budget for the Tohono O'odham Nation. Casino rev-
enues at T.O. accounted for 100% of the $11.2 million
budget for the West side clinic, the entire $14 million
budget to construct and operate the Nation's first
nursing home, 100% of the fire protection and 66% of
the police budgets, and 100% of the $2.5 million kid-
ney dialysis center. Gaming dollars are also building
11 youth centers, established a $15 million small busi-
ness development fund for members, and support the
Nation's efforts to guard the border against the entry
of drugs and undocumented people between Arizona
and Sonora, Mexico. Gaming revenues have con-
tributed $50 million/year in programs and services;
$114 million in planned capital construction projects
through FY 2005; employs 2,350 members and non-
members, and purchases $30 million in goods/services
from 5,000 vendors.
Arizonans For Fair Gaming And Indian Self -Reliance
6/20/02 3
Construction has begun on the $1.2 million facility
and the station will begin broadcasting this summer
in a format that emphasizes Tohono O'odham lan-
guage, news, music and events.
The Gila River Indian Community is partnering with
the U.S. Federal Bureau of Reclamation to build the
first federal archeological repository of ancient
Hohokam artifacts and objects to be located on an
Indian reservation in the United States. Additional
funds will be allocated by the tribe to build a modern
living museum facility.
CHARITIES
All gaming tribes give generously to charities that
serve the non -Indian populations. Examples include
toy and food drives, Boys & Girls Clubs, local conven-
tion and visitors bureaus, the Juvenile Diabetes
Foundation, United Way, local cultural organizations,
health and medical organizations etc. The Gila River
Indian Community sent firemen and supplies to
ground zero following the September l lth attack.
CIVIC ISSUES
The Quechan Nation, near Yuma, presented the city
of Yuma and the county with a $196,000 check to com-
plete the restoration of the historic Ocean to Ocean
bridge.
The Yavapai-Apache Nation donated 2 generators to
Hualapai Tribe in 1999 for that tribe's dialysis
machines.
INVESTMENTS/ECONOMIC DIVERSIFICATION
An economic impact study by the Udall Center for
Studies in Public Policy at the University of Arizona
shows that the Pascua Yaqui Nation contributed more
than $103 million in goods and services in Southern
Arizona for 2001.
The Cocopah Tribe is now a majority stockholder in a
new bank, First Bank Yuma. In the 1980s, the
Cocopah Tribal Council was unable to pay its adminis-
trative staff. At that time, rather than lay off tribal
members, the Council had borrowed the money to
make salaries from a bank. The tribe recently invest-
ed in the Yuma bank because it wanted to be able to
give back to the larger community, not only care for
its own people.
With revenues from its gaming operations, the Salt
River Pima Maricopa Indian Community is able to
masterplan it's development corridor and expand it's
existing businesses such as Phoenix Cement and Salt
River Sand & Rock and launch Salt River Deveo
(Salt River Development Company).
The Ak-Chin Community is directing gaming funds
for planning future economic development.
The 7bhono O'odham Nation station, KOHN, serves
the entire Nation, as well as the Tucson, Gila Bend
and Casa Grande communities.
The White Mountain Apache Tribe runs a Trophy Elk
Hunt in fall that attracts hunters from all over the
world. Fishermen have 26 well -stocked mountain
lakes and 400 miles of trout streams. Revenues from
the Hon-dah casino support outdoor sports including
downhill and Nordic skiing in the winter, hiking,
canyoneering, horseback riding, mountain biking and
rafting in the summer.
The Salt River Pima-Maricopa Indian Community
used gaming revenues to purchase and expand its
own telephone company, Saddleback Communications.
For the first time, all residents and businesses
throughout the entire Community have telephone
service.
Arizonans For Fair Gaming And Indian Self -Reliance 6/20/02 5
Cir+Air%d4r, ♦ke% . .%
1 111U11 iVa i_AC,Vl VLVU 11 %i111 i.i i1U W I M,101 fiZVFV1 i. U11
Public Hearings on Arizona Indian Gaming:
Conducted in 1999 by the Arizona Department of Gaming
— Report published January 2000 —
lu 11 -.a 7- i t t'._ a httn•//-- am etatP av uc/re Ort }itrn)
tr uu repo I t avauavte Online at ----�• - • E,-•-•� --�• -- -� -
Executive Summary
In order to better understand public sentiment regarding the possible renegotiations of Indian Gaming
compacts, the Arizona Department of Gaming (the Department) conducted four public hearings between
November 30 and December 9, 1999. The hearings were held in Payson, Yuma, Phoenix, and Tucson. Over
1,200 people attended. In addition to the oral testimony received at these hearings, written comments were
received by the Department through December 16, 1999.
Public sentiment expressed at these hearings was positive overall. The citizens in the state, both Native
Americans and non -Native Americans, by and large support Indian gaming, and recognize its much -needed
_ contributions to economic development and the funding of tribal governments. Support for Indian gaming,
however, is not universal. Specifically, there are those who are morally opposed to gaming in all forms.
Conversely, ti ere are others 'e.g., dog and horse racetracks] who would like to see ganning spread off
reservation.
Summary of Major &Minor Themes
• Gaming should remain limited to reservations because of its importance in funding tribal government and
economic development.
0 Indian gaming is well regulated with tribal, state, and national oversight and regulation.
i Indian tribes with casinos have donated generously and broadly to local charities, schools, universities,
and organizations serving the needs of local communities. Significant contributions to education were
specifically noted (e.g., Ft. McDowell gives $1 million each year to the state's public universities).
• Gaming tubes have supported students and student athletes through tuition and scholarships, payment for
books, clothing and living expenses, stipends.
• Indian gaming employees are relatively well paid and receive generous benefits packages. This assists
employees and impacts their lives positively providing a foundation for personal growth and family stability.
Job opportunities extend to people previously unemployed or people on public, general assistance.
AN ANALYSIS OF THE ECONOMIC IMPACTS OF
INDIAN GAMING IN THE STATE OF ARIZONA
Stephen Cornell
Udall Center for Studies in Public Policy,
The University of Arizona
and
Jonathan B. Taylor
Udall Center for Studies in Public Policy,
The University of Arizona, and
Lexicon Inc.
June 2001
UDALL CENTER FOR STUDIES IN PUBLIC POLICY
The University of Arizona, 803 East First Street
Tucson, AZ 85719, Tel 520.884.4393 Fax 520.884.4702
A
GENERAL QUESTIONS & ANSWERS
Q: How did gaming on Indian lands get its start in the U.S.?
A: Historically, Indian gaming has always played a large role in the culture and traditions
of many tribes. Gaming on Indian lands for both non -Indians and Indians began in the
late 1970s and early 1980s when several tribes began operating commercial bingo and
poker games on their reservations. This occurred at the same time that state lotteries
were proliferating throughout the country.
In 1987 the U.S. Supreme Court ruled that state civil gaming regulations did not apply
to tribes conducting gaming on tribal reservation lands. The Indian Gaming
Regulatory Act (IGRA) was passed in 1988 and IGRA created the National Indian
Gaming Commission to regulate Indian Gaming.
Q: Why are Indian tribes able to have gaming on their .lands?
A: Indian tribes are governments, like city and state governments. As sovereign
authorities, tribes can decide what activities can take place on their lands. The United
States Supreme Court has upheld tribal sovereignty.
As governments, tribes must provide services cities, counties and states provide for
their citizens, but unlike municipal or state governments, tribal governments do not
have a tax base to support their efforts. Because most Indian tribes in Arizona are
located in remote areas, most tribes have few opportunities for economic
development. Without a tax base to provide revenues for services, tribes are left with
enormous needs. Gaming is the one economic development tool that has proven to be
working for tribes in Arizona and throughout the nation.
Q: Why should I support Indian gaming in Arizona?
A: Many times in the past, the federal and state government used their power to take
-away the lands, resources, rights and even lives of Arizona tribes. As a result, Indians
in Arizona were forced to live in a world of extreme poverty, welfare dependency and
despair for the last 100 years.
Since 1988, when federal law recognized the sovereign right of Indian tribes to have
gaming on reservation lands so they could work toward self-reliance, tribal gaming
facilities have provided jobs that take Indians off welfare, and revenues that have
allowed Arizona tribes to provide better education, housing and health care for their
members. In the last 10 years, federal funding for Indian programs has dropped
significantly. In many instances, Indian gaming revenues are being used to make up
this deficit.
Q: How are funds generated by Indian gaming used?
A: By law, Indian Gaming revenues may only be used for public purposes —to fund tribal
governments and operations; provide for general welfare of the Indian tribe and its
members; promote tribal economic development; donate to charitable causes or
organizations; or help fund operations of local government agencies. Revenue from
tribal governmental gamins is being used to build health clinics, improve roads,
construct and staff schools and provide essential social services that Indian people
have lacked for many years.
Q: Is Indian gaming working?
A: Indian gaming is the most effective economic development tool that tribes have ever
used. Tribal governmental gaming in Arizona supports more -than 14,000 jobs for
Indians and non -Indians, and generates more than $460 million in economic activity
annually for our state. Arizona Indian casinos also save taxpayers millions of dollars
each year by reducing welfare and unemployment payments.
Q: Are tribes getting rich on gaming?
A: By all statistical measures, American Indians are still among the poorest people in the
country. Two million American Indians live in America today. They belong to 557
federally recognized tribes. Despite the historic trust status with the U.S. government,
tribal governments struggle to provide health, education, housing and related
programs for their people.
Nationally, 38% of Indians, 6 to 11 years old, live below the poverty level, more than
twice the number of the average U.S. citizen. Sixteen percent of Indian males and 13
percent of Indian females 16 years and older are unemployed as compared to 6 percent
for average Americans. Very few Indian tribes are getting rich on gaming. Nationwide,
fewer than one-third of federally recognized tribes have gaming operations.
In Arizona, most gaming tribes are located in remote parts of the State where gaming
operations barely break even. These tribes see gaming as a source of employment for
their people who have few opportunities for jobs available to them. A very few tribes
that have a more urban location do run more successful gaming operations.
All of the 17 Arizona tribes with gaming compacts with the State of Arizona direct
revenues from gaming to provide for the health, welfare, education and well-being of
tribal members. In addition, Arizona gaming tribes, like other tribes are using
revenues from tribal governmental gaming to diversify their economies and build a
sound economic base for their people.
Q: Why do Indians get special treatment?
A: The government made promises to us when they took away our lands. Then they broke
those promises and gave us programs that didn't work. For 200 years, we've been
over -promised and under -delivered. After more than two centuries of neglect, tribes
have enormous needs. Gaming is the first dependable source of income that tribes
have had to start meeting those needs.
That's why the 17-Tribe Agreement, which is supported by 17 Tribal leaders
throughout the state, is so important. It continues limited and regulated gaming on
Indian lands so tribes can build economies, provide services for their people, and
move toward self-reliance.
Q: Why won't tribes disclose how much money they make at their casinos?
A: We meet the letter and intent of the law. By law we must have annual federal and
state independent audits. So, the numbers are known to both the state and the federal
government. And our tribal budgets are open to all our members. Under the 17-Tribe
Agreement, the aggregate amount tribes contribute to the state economy will also be
made public.
Q: What about the impacts of casinos on surrounding communities?
A: Indian casinos are good neighbors. Like other businesses, we bring jobs and
opportunities. In Tucson, the Tohono O'odham Nation, which had historically been a
poor tribe, is now the 130' largest employer. Cliff Castle Casino is the largest
employer in Yavapai County. The 17-Tribe Agreement keeps these jobs for all
Arizonans by continuing limited and regulated gaming on Indian lands.
Q: Do you believe an initiative is inevitable?
A: Right now, that's the legislature's call. We are confident the legislature will see the
wisdom in supporting this 17 Tribe Agreement. But, if not, we are equally confident
that the people of Arizona will support us. All the polls show that the public supports
gaming on Indian lands. The public knows that limited and regulated Indian gaming
is good for tribes. The 17-Tribe Agreement will continue gaming on Indian lands. It
is the only agreement that is supported by 17 tribal leaders throughout the State, from
the Grand Canyon to Mexico. The 17-Tribe Agreement ensures that Indian people
can continue to pull themselves out of poverty and move toward self-reliance.
TAX QUESTIONS & ANSWERS
Q: Why should we support you when tribes don't pay taxes?
A: Tribes are governments. Governments don't pay taxes; they collect taxes. Tribal
governments generate revenues through gaming in the same way that the state
generates revenues.through the lottery. These revenues from gaming have provided
the only dependable source of income tribes have ever had, and support basic
government programs like housing, health care, education and human services.
Q. What taxes are generated through gaming?
A: In 2000, Indian gaming contributed more than $28 million in federal and state payroll
taxes and an additional $40 million in state and local taxes. Taxes are collected on
purchases, profits and incomes that originate from casino vendors and employment.
COMPACT QUESTIONS & ANSWERS
Q: Doesn't your new agreement expand gaming?
A: The new 17-Tribe Agreement is all about limits. It limits the number of casinos in the
state, the number of machines, the types of games played and most importantly, it
limits gaming to Indian lands which is what nearly 70% of the voters want.
The 17-Tribe Agreement provides benefits for many more people. Tribes will be able
to help each other so all tribes can benefit from gaming revenues. Tribes will also
contribute money to the State. These are just a few highlights of the 17- Tribe
Agreement, which is, as you know, the only agreement that is supported by 17 leaders
of Indian tribes throughout Arizona.
Q: Why do you need such a long period of time in your compact?
A: When you are working to correct more than 200 years of neglect, 20 years isn't a long
time. Tribal needs are so great that time is needed to make a difference. Already,
some tribes are beginning to pull themselves out of poverty. But there is much more to
be done. Under the 17-Tribe Agreement, all tribes can benefit from gaming, even
those located on remote reservations where gaming isn't an option. That way all
tribes can benefit from gaming revenues and improve education, health, housing and
basic governmental services.
SOCIAL IMPACT QUESTIONS & ANSWERS
Q: Don't Indian casinos cause more gambling addiction?
A: We are concerned if anyone has an addictive problem. That's why tribes contribute
more than 90% of the funding for the Arizona Council on Compulsive Gambling.
Contributing money is just one way that tribes use gaming to better the lives of all
Arizonans. With the 17-Tribe Agreement, tribes can continue the good work.
Q: What about crime? Hasn't crime increased with Indian casinos?
A: It's been our experience that people come to casinos to have fun, not to cause trouble.
Safe places are important to us. Our customers are our neighbors. We want our
neighbors to be safe, just like we want our community members to be safe. That's
why one of the first things tribes do with gaming income is increase their police and
fire departments. (Tell about tribal experience)...
Q: What about corruption? With so much money changing hands, isn't more
regulation needed?
A: We have a lot of people looking over our shoulder... the federal government, state
government and tribal authorities. By law, gaming funds must go to support tribal
governmental programs, but even if this weren't required, tribes would be vigilant.
We need our gaming dollars fund our schools, health care clinics and Senior Citizen
programs. With gaming revenues, we build houses, staff our fire and police
departments, build roads and start new businesses. That's why the 17-Tribe
Agreement is so important. It allows gaming to continue on Indian lands so all tribes
can help each other and themselves.
Q: The tracks believe that everyone should have slots? Aren't you trying to protect
a monopoly?
A: The tracks want to turn their race tracks into casinos. The voters don't want this. In
every poll, the people of Arizona say they want gaming only on Indian lands. Voters
understand the difference between gaming that supports governmental services and
gaming that makes big bucks for mostly out-of-state owners. With the 17-Tribe
Agreement, tribal people will continue working to provide decent housing, better
schools, good health care, indoor plumbing, and telephones — services most
Americans take for granted.