No preview available
HomeMy WebLinkAbout2003.0515.TCRM.PacketLIM NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Arehambault Vice Mayor Susan Ralphe WHEN: THURSDAY, MAY 159 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Speakers' names will be announced by the Town Clerk. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Individual speakers will have three minutes from the time they are recognized. If representing a specific group or more than three minutes are needed, contact the Town Clerk prior to the beginning of this meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER Ob ROLL CALF ]VMayor`Beydldi • PLEDGE TO THE i+"G - MayorBeydler • INVOCATION - BIs "p^Dean ter `, , �S u • RECOGNITION ITEMS/PROCLAMATIONS: Presentation of a Certificate of Recognition to Tiffany Coll for her achievement of being undefeated in "girls singles" tennis for the fourth straight year. The Mayor will read a proclamation for Memorial Day. F: AGENDAS\REGULAR\2003\Regular Session 5-15-03.doc Page 1 of 3 Last printed 5/13/2003 10:25 AM \. In 0 EST. AGENDA ITEMS TIME 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 '' IN *1.) CONSIDERATION of approving the meeting minutes of 4/3/03, 4/8/03, and 5/1/03. *2.) Consideration of the LIQUOR LICENSE APPLICATION for Chilmark Grill located at 13014 N. Saguaro Blvd. The application is for a new Class #12 license. *3.) Consideration of the LIQUOR LICENSE APPLICATION for Fountain Hills Express located at 11829 N. Saguaro Blvd. The application is for a new Class #10 license. *4.) Consideration of the LIQUOR LICENSE APPLICATION for Nick Morgan's Sports Grill located at 16737 E. Parkview. The application is for a transfer of a Class #6 bar license. *5.) Consideration of a request to ABANDON THE FINAL PLAT of Coyote Run, which is a replat of lots 12 & 13, Block 3, Final Plat 603-A Amended, and revert back to lot 12 & 13, Block 3, Final Plat 603-A Amended, Case #S2003-04. *6.) Consideration of a request to EXTEND THE SPECIAL USE PERMIT and the PRELIMINARY PLAT approval for The Villas Del Cielo Condominium project for one year, located on lots 2, 3, and 4 of Town Center II Final Plat Case #SU2002- 02. *7.) Consideration of RESOLUTION 2003-28 abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement over a portion of Tract "C" of Firerock Parcel M-2 Final Plat as recorded in Book 550 of Maps, Page 9, Records of Maricopa County, Arizona Case HPEA2003-01. 6:35 pm 8.) REPORT from the Town Attorney on the status of the Gibson lawsuit. 6:45 pm 9.) REVIEW AND CONSIDERATION OF ADOPTION of the tentative budget for the Town of Fountain Hills for the 2003-2004 fiscal year and setting the final budget adoption meeting of June 5, 2003. All aspects of revenues and expenditures will be discussed and considered. 8:30 pm 10.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 8:35 pm 11.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. FAAGENDAS\REGULAR\2003\Regu1ar Session 5-15-03.doc Page 2 of 3 Last printed 5/13/2003 10:25 AM 8:40 pm 12.) SUMMARY of Council requests reviewed by the Town Manager. 8:45 pm 13.) ADJOURNMENT. DATED this 9th day of May, 2003 Z4;Aj"l " Bevelyn J. Ber, T n Clerk eLI 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. F:\AGENDAS\REGULAR\2003\Regular Session 5-15-03.doc Page 3 of 3 Last printed 5/13/2003 10:25 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 5/15/03 Contact Person: Bender Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft meeting minutes Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat Council Priority (Check Appropriate Areas): ❑ Public Fitness ❑ Library Services ❑ Education ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wording: Consideration of APPROVING THE MEETING MINUTES of April 3ra and 8"', May 1, 2003. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve minutes for archival purposes. List All Attachments as Follows: Draft minutes from April 3rd and 8th, May 1, 2003. Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 1, 2003 Mayor Beydler reconvened the Regular Session at 6:37 p.m. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Susan Ralphe, Councilmembers Rick Melendez, Leesa Stevens, Kathleen Nicola, Michael Archambault, and John Kavanagh. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Public Works Director Tom Ward, Senior Planner Dana Burkhart, Planner Denise Ruhling, Accounting Supervisor Julie Ghetti and Bevelyn Bender, Town Clerk, were also present. Invocation - A moment of silence was observed in honor and memory of U.S. Troops in Iraq. During a review of the Consent Agenda items, #3 (Consideration of Approving the Meeting Minutes of April 3rd and 8, 2003) and #5 (Consideration of the Liquor License Application for Nick Morgan's Sports Grill located at 16737 E. Parkview) were pulled for discussion purposes. AGENDA ITEM #4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION FOR DANIEL'S PLACE LOCATED AT 16726 E. EL PUEBLO. THE APPLICATION WAS FOR A NEW CLASS #12 RESTAURANT LICENSE. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2003-15 ABANDONING WHATEVER RIGHT TITLE OR INTEREST THE TOWN HAD IN CERTAIN UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF LOT 9,_BLOCK 2, PLAT 505C (16440 N. KIM DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. EA 2003-02. THOMAS & LYN MOSER. `"' AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2003-18 APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN AND ADOT FOR CONSTRUCTION OF THE SHEA BLVD. BIKE LANES. AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING A DONATED CANNON FROM THE DEPARTMENT OF THE ARMY ON BEHALF OF AMERICAN LEGION POST #58 AND THE VETERANS OF FOREIGN WARS POST #7507 FOR THE VETERANS' MEMORIAL IN FOUNTAIN PARK. AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 03-11 GRANTING A PARKING AND ACCESS EASEMENT TO THE BOYS AND GIRLS CLUB OF SCOTTSDALE, INC., LOCATED AT THE NORTHEAST CORNER OF CALAVERAS AVENUE AND DEL CAMBRE AVENUE. Councilman Archambault MOVED to approve the consent agenda as read (Items 4, 6, 7, 8 and 9) and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Ralphe Aye Mayor Beydler Aye Councilman Melendez Aye Councilwoman Nicola Aye Councilwoman Stevens Aye Councilman Archambault Aye Councilman Kavanagh Aye The motion CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 3RD AND 8TH, 2003. EABBenderr\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 1 of 30 5/16/2003 Councilman Archambault stated that the minutes were found to be incomplete. Town Manager Tim Pickering added that following a review of the minutes, he concurred that there were sections of discussion missing regarding the law enforcement issue. He stated that in order to clarify the minutes and provide the most accurate information, he had requested that the minutes be pulled and tabled to the next meeting so that additions and clarifications could occur. Councilwoman Stevens MOVED to continue consideration of approving the meeting minutes of April 3rd and 8th, 2003 to the next regular meeting of the Council to be held on May 15th and Vice Mayor Ralphe SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #5 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION FOR NICK MORGAN'S SPORTS GRILL LOCATED AT 16737 E. PARKVIEW. THE APPLICATION WAS FOR A TRANSFER OF A CLASS #6 BAR LICENSE. Mayor Beydler stated that the reason he requested that this agenda item be pulled and discussed was because he would like to understand exactly who the applicant was and determine whether they were the owners of the liquor license. He asked whether anyone was present at the meeting representing the applicant and if so, asked them to come forward at this time. No one came forward to speak on behalf of the applicant. The Mayor noted that the Council was contacted by a number of individuals in the community who had questioned whether the individual who was selling or transferring this liquor license to the new entity was actually the owner of that liquor license. He noted that other issues might be involved, such as a "sale in process" of the facility and asked whether the Council had or would create a potential liability for the Town if some of those answers were not clarified. Town Attorney Andrew McGuire responded that he believed that the Council should continue this item to their next regular meeting if they had any questions at all regarding the license. He added that Staff would pursue this matter with the applicant and provide the Council with the information they required prior to the date of the next meeting. Mayor Beydler asked Mr. McGuire what type of background research was conducted as part of the license approval process. Mr. Pickering noted that an extensive background search on the applicant was conducted through the Marshals Department. He added that he believed the Mayor was talking about a review of the person who actually held the liquor license and noted that a review was not conducted on that person. He added that it would be prudent for the Town to take the time and pose the additional questions that had surfaced in order to ensure that everyone was comfortable with the matter. Mayor Beydler agreed and said that although everything might be fine and in order, the Council wanted to ensure that everything was "up front" and clear. Mayor Beydler MOVED to continue consideration of the Liquor License Application for Nick Morgan's Sports Grill to the next regular meeting of the Council to be held on May 15th and Councilman Archambault SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #10 - CONSIDERATION OF APPROVING A SETTLEMENT REGARDING THE GIBSON LAWSUIT. Councilwoman Nicola declared a potential conflict of interest regarding this agenda item and said that she would not participate in the discussion or vote on it at this time. She left the dais while discussion of this agenda item occurred. Mayor Beydler stated that before the Council could discuss the particulars of any agenda item, a motion must be made and requested that one be brought forward at this time. Councilman Archambault MOVED to approve a settlement regarding the Gibson lawsuit. MOTION DIED FOR LACK OF A SECOND. Councilwoman Stevens MOVED to continue SECOND. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc this agenda item. MOTION DIED FOR LACK OF A Page 2 of 30 5/16/2003 Mayor Beydler asked Mr. McGuire how to proceed. Mr. McGuire stated that without a motion to discuss he was at a loss. He stated that the one thing that the Council has never had was a lack of a motion. He suggested that any other contemplated motions be posed at this time. He stated this item was up to the Council's discretion. Councilman Melendez MOVED to discuss this agenda item. In response to a request for clarification from the Mayor relative to making a motion to discuss prior to a motion to approve, Mr. McGuire stated that typically a motion to approve for purposes of discussion or a motion to deny for purposes of discussion was put out on the floor first. Councilman Archambault MOVED to continue this agenda item. MOTION DIED FOR LACK OF A SECOND. Councilwoman Stevens MOVED to approve agenda item #10 for the purpose of allowing discussion to occur and Councilman Melendez SECONDED the motion. Mayor Beydler stated that he would defer to the Town Attorney since the Council was discussing a settlement of a lawsuit where the Town was at risk and stressed the importance of exercising discretion and following Counsel's advice. Mr. McGuire addressed the members of the Council relative to this agenda item and cautioned the Council to remember that although public discussion of the settlement would take place, the issue had not yet been settled and dismissal had not been entered, and therefore a public record should not be created that could jeopardize the settlement agreement in its current format. Councilman Archambault called for the question. Councilman Kavanagh raised a point of order and noted that citizens were in attendances that wish to speak on this agenda item and should be given the opportunity to do so. He added that he did not believe that one person could call the question and exclude public comment. Mr. McGuire stated that he did not know whether calling the question before discussion would take precedence over the original motion and requested that a short recess be declared so that research into this issue could take place. Councilman Archambault observed that it had been demonstrated at several Council meetings that debate had been stopped by the question being called. Mr. McGuire thought that was correct but he was not certain of the precedence of the moment. Mayor Beydler declared a brief recess at 6:50 p.m. and the meeting reconvened at 6:55 p.m. He asked for Mr. McGuire's determination of the question. Mr. McGuire stated the opinion that the issue required a two-thirds vote of the quorum (five of the seven Councilmembers) in order to end debate and call the question. The Mayor clarified that the Council must now vote on Councilman Archambault's motion to call the question and noted that five members would have to vote in support of the motion in order to limit the debate. Mr. McGuire concurred with the Mayor's summation. A roll call vote was taken with the following results: Councilman Melendez Nay Councilman Kavanagh Nay Councilwoman Stevens Nay Councilman Archambault Aye Mayor Beydler Nay Vice Mayor Ralphe Nay The motion FAILED by majority vote (5 Nays, 1 Aye, 1 Abstention). Mayor Beydler stated that the original motion to approve the settlement was now back on the floor and said that prior to voting on this, members of the audience who wished to speak should come forward at this time. Bob Prather, 15312 E. Sierra Madre EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 3 of 30 5/16/2003 Mr. Prather commented that given the unknown nature of moving forward with this matter, the Town could be faced with much higher legal fees/costs than they were facing now. He noted that members of the public were not aware of the proposed settlement amount and said that if it was reasonable, his suggestion was that they cut their losses, settle the claim, and move forward without delay. Phil Gaziano, 14946 E. Sierra Madre Drive Mr. Gaziano stated he was speaking this evening as a private citizen. He noted that the issue was not one of money, but rather one of honor, ethics, and truth. He said that when elected official inappropriately used their office to do something against a private citizen, a wrongdoing took place. He added that even if the remarks that were made were true, if that person was a private individual and he or she and their families suffered because of the inappropriate action, then the entire community suffered as well. He stated the opinion that anyone who would do this type of thing did not have the right to sit on the dais as a member of the Council. He also stated that if the remarks turned out to be false, then that person at the very least should resign. Mr. Gaziano said that he would like to see the costs reimbursed. He added that if an elected official made a bad judgment call for good reason and for the public good that was understandable, but emphasized that elected officials did not have the right to go against people as people. He stated the elected officials also had a fiduciary responsibility to the public. He said that he would like to know how this situation happened, how the information was obtained, and whether rules were broken and inappropriate actions taken as part of this process. Bob Scametti 14623 N. Glenpoint Drive Mr. Scarpetti commented that when a person chose to run for public office he or she also chose to be in the public eye and should be aware that all actions and decisions would be out in the open for all to see. He said that the citizens of Fountain Hills had the right to know whether any of their elected officials were involved in actions that could harm or embarrass the Town of Fountain Hills. He added that if such actions had taken place, those elected officials should be held accountable. He noted that the Gibson lawsuit that the Town was attempting to settle, involving Councilwoman Nicola, did not involve the Town writing an e-mail about three Rural Metro firemen, it involved alleged comments in an e-mail made by Councilwoman Nicola about three Rural Metro firemen. He stated the opinion that Councilwoman Nicola's actions were irresponsible and said that he realized that she was covered under the Town's insurance pool and that the Town pays the first $10,000 and the deductible. He asked why the Town, that had had nothing to do with this incident, should be placed in the position of paying for something that Councilwoman Nicola caused on her own. He added that the money, if they should settle, should come from Councilwoman Nicola and no one else. He commented that irresponsible behavior on the part of elected officials should not be tolerated and would cause responsible people in the Town to take responsible action. Beverly Kinsey, 17120 E. Fairway Court Ms. Kinsey thanked the members of the Council who voted in support of removing this item from the Consent Agenda. She said that she understood the issue to be that Councilwoman Nicola e-mailed a slanderous message about some of the firefighters. She stated that she viewed this as a personal action and saw no reason that the Town's insurance should pay any part of a settlement. She added that this action was not a part of Councilwoman Nicola's responsibilities or official duties. She said that, as a taxpayer, she believed that the public should be advised of the potential costs to the Town in both deductible limits and in extra legal fees. She questioned whether the Town was listed as a defendant in this lawsuit. If not, the Town insurance should not be applicable. Janice Abramson, 15411 N. Tepic Lane Ms. Abramson said she did not know the truth about this lawsuit and questioned whether there were many people who actually did know all of the particulars. She expressed the opinion that the Town had other important issues to address and stated that she would hate to see an inordinate amount of time and effort spent on a lawsuit that they could make "go away" for what was probably a reasonable settlement. Sharon Hutcheson, 1027 E. Tumbleweed Ms. Hutcheson noted that never before in the history of Fountain Hills had the Town had to pay for the actions of a Councilperson. She said that at one time an insurance claim was paid for Councilmember O'Brien who started a suit with the Board of Adjustment. She reported that he was reimbursed because the Town had decided EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 4 of 30 5/16/2003 to take on that suit. She commented on the fact that actions had consequences and stressed the importance of taking responsibility for our actions. She added that this also applied to everyone, including elected officials. She stated the opinion that it was very difficult for the public to accept the fact that this travesty could be in the line of duty and said it clearly was not. She commented that she would like to see Councilwoman Nicola accept responsibility for her actions, apologize, spare taxpayers the costs of her mistake, and move on. Grace Jakubs 16440 N. Aspen Drive Ms. Jakubs stated that for the last six months, the citizens of Fountain Hills had witnessed tremendous cuts in the number of employees and the recent budget cuts had involved every single department and program in the Town. She said that despite this fact, tonight they were hearing about a matter involving a $10,000 settlement that the citizens knew nothing about. She added that she realized that the funds would come out of risk insurance but questioned whether this was the type of legacy the Council wanted to leave behind. She discussed position and salary cuts that had taken place and said that they were now considering paying out $10,000. She asked why an individual who was being sued as an individual was allowed to use Town insurance to pay for a settlement. She requested that the Council vote in opposition to allowing Town insurance to be used for this purpose. Mayor Beydler thanked the citizens for their input. Councilman Kavanagh commented on the fact that lengthy discussions regarding this matter would not take place this evening as a result of advice that was been rendered by the Town Attorney. He said that even though the lawsuit was against Councilwoman Nicola and the Town was not named in the action, the attorneys had some concerns regarding peripheral involvement on the part of the Town. He said that for this reason the details of the case would not be reviewed in depth at this time and the members of the Council would exercise restraint in making their comments as directed by the Town Attorney. Councilman Kavanagh added that because he concurred with many of the statements made by the citizens this evening, he would not vote in support of the motion to settle. Vice Mayor Ralphe stated that she had listened very carefully to the attorneys who told the Council that whatever they discuss publicly about a legal matter could possibly be used against them if the case were to proceed or be settled. She had asked one of the attorneys whether Councilwoman Nicola was acting in an official Councilmember capacity or on her own and stated that it was her understanding that it was done in an official capacity. She added the opinion that it might be helpful to be aware of this fact. She noted that because she really didn't know what she could or couldn't say, remarks would be limited but added that the case was an unfortunate one and no one would come out a winner. She commented on the fact that the attorneys had advised that in order to pursue the case, taxpayer dollars would need to be spent. She added that she would love the opportunity to express her opinion as to the appropriateness or inappropriateness of Councilwoman Nicola's actions but unfortunately those remarks could not be presented at this time. She indicated her intention to follow the advice of the attorneys and said she would vote in support of settling the claim and not incurring additional financial losses for the Town. She noted that her vote was a very "unhappy" one. The question was called and a roll call vote was taken with the following results: Vice Mayor Ralphe Aye Councilman Kavanagh Nay Councilman Archambault Aye Councilwoman Stevens Nay Councilmember Melendez Nay Mayor Beydler Nay The motion FAILED by majority vote (4 Nays, 2 Ayes, 1 Abstention). Councilwoman Stevens MOVED that this agenda item be continued for two weeks (to the May 15, 2003 Regular Council meeting). She commented that she could not support the agreement as presented, but was still hopeful that an agreement could and would be reached. She spoke in support of continuing this issue for another couple of weeks to provide additional time to think about what had been said both privately and publicly and attempt to arrive at the best possible solution for everyone involved. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 5 of 30 5/16/2003 Mayor Beydler SECONDED the motion. The motion CARRIED BY MAJORITY VOTE (4 TO 2 with Councilmembers Archambault and Melendez voting Nay and Councilwoman Nicola abstaining.) With action on this item completed, Councilwoman Nicola resumed her seat at the dais. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2003-17 DECLARING SUPPORT FOR THE EFFORTS OF THE UNITED STATES GOVERNMENT AND COALITION FORCES AND THE FUTURE OF THE IRAOI GOVERNMENT. Mayor Beydler read Resolution No 2003-17, supporting the efforts of the United States Government and coalition forces and the future of the Iraqi government into the official record of the meeting. He stated that citizens had been calling and asking the Council what the community was doing to express its support for the armed forces in Iraq and what we were trying to do to help the people in that country. He commented that with assistance from Staff, as well as members of the community, the Resolution was crafted and said that it was his honor to be a part of adopting this Resolution. Councilman Kavanagh MOVED to adopt Resolution 2003-17 declaring support for the efforts of the United States Government and Coalition Forces and the future of the Iraqi government, and Councilman Melendez SECONDED the motion. Councilwoman Nicola said that she was a little surprised to see this item on the agenda and asked how it came about and whether other cities were adopting similar resolutions. Mayor Beydler advised that before the war took place, many city and town councils across the country voted to express their support for the President's policy, while still others voted not to. He said that when the war was in full stride, citizens, various people from within the community, and members of different groups approached him as to what the Town of Fountain Hills was doing/saying to show support for our troops. They questioned whether we believed this to be a just cause and noted that we were part of the "world community" and therefore effort was expended to bring forth a resolution that reflected our basic values based on similar actions that had occurred within many other communities. He noted that it was crafted by Staff. Peter Bordow, 14416 N. Silverado Drive Mr. Bordow congratulated the Council on the resolution and noted that many people all around the country were raising their voices and expressing their feelings. He emphasized the importance of standing unified in situations such as this. He commented on the Iraqi people and their long-time suffering and said that he would like to propose a community project for the Town of Fountain Hills to show support for the free people of Iraq. He said it was all about the rights of human beings to be free in this world. He asked that the Town of Fountain Hills declare its support for the Iraqi community and take a stand and be responsible for an orphanage or a hospital where they could declare that they were making a difference in those peoples' lives. He stated that he had made contact with several organizations, including the Iraqi Foundation. He reiterated his congratulations to the Council for developing the resolution and urged the Town of Fountain Hills to join him and participate in a community project. Mayor Beydler thanked Mr. Bordow for his comments. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #12 - CONSIDERATION OF THE TOWN OF FOUNTAIN HILLS ENTERING INTO THE "PARTNERSHIPS MEMORANDUM OF UNDERSTANDING" WHICH SUPPORTS THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE ARIZONA TRAIL. Mayor Beydler said that as Mayor, he served as a member of the Advisory Council for the Arizona Trail Association. He said he would like the Council to consider supporting the development, operation and maintenance of the Arizona trail and noted that no financial obligations were involved. He reported that the organization was building a trail that would be approximately 6 feet wide and would run 790 miles, from Utah to the Mexican border. He noted that the trail would run along the base of Four Peaks and was already 90% completed. He discussed the organization's intent to create a trail similar in nature to the Appalachian Trail and commented on the exceptional recreational opportunities, including hiking, biking, and horseback riding that EABBendeADocuments\Current Minutes 2003\Regular 5-01-03.doc Page 6 of 30 5/16/2003 would be associated with the trail. He requested that the Council vote in support of entering into the Partnerships Memorandum of Understanding. Mayor Beydler MOVED to enter into the Partnerships Memorandum of Understanding supporting the development, operation and maintenance of the Arizona Trail. Vice Mayor Ralphe commented on the positive impacts of the Trail on various communities and noted that the Town of Fountain Hills would be located closer to the Trail than any of the other surrounding communities in the metro area. She said that it would serve as a wonderful complement to the trail that was being built in Fountain Hills' mountain preserve and stated the opinion that both sets of trails would put Fountain Hills on the map as a destination to the outdoors. Mayor Beydler commented that Keno Hawker, the Mayor of Mesa, picked up five miles of the Arizona Trail to maintain on an annual basis and noted that the cost was $100 a mile. He said that he would match Mayor Hawker mile for mile if this item passed this evening so that he was doing his part to maintain this valuable amenity too. Councilwoman Nicola indicated her intention to assist with covering the maintenance costs for the five miles of trail. In response to a question from Councilwoman Stevens, the Mayor said both physical and/or monetary contributions would be greatly appreciated. Councilwoman Stevens stated that she would like to obtain additional information and added that an opportunity might exist to open this up to the community and get our citizens involved as part of a planned "community day" event. Mayor Beydler expressed excitement relative to this prospect and noted that the Executive Director had wanted to hold one of the organization's board meetings right here in Fountain Hills. He said that once this item was passed, he would encourage them to visit the Town to help coordinate a trail hike for anyone who would like to participate. Roy Kinsey, 17120 E. Fairway Court Mr. Kinsey commented that he supported and encouraged the Council to approve this matter. He noted that the Arizona Trail was a "project in progress" and a wonderful idea. He suggested that the Town's administration develop some mechanisms to provide the necessary "follow through," (such as through Parks & Recreation). The Mayor said that he asked Mr. Kinsey to provide "hands on assistance" and added that all types of help would be needed to ensure the ongoing success of this wonderful venture. Vice Mayor Ralphe SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #13 - PRESENTATION BY THE MAYOR'S YOUTH COUNCIL OFFICERS, A "YEAR IN REVIEW." Parks & Recreational Coordinator Corey Hromek discussed his intent to provide a brief overview of this agenda item and introduced the three 2002-03 Mayor's Youth Council Officers, Pavan Manhas, Jason Becklund, and Kristen Anderson. He reported that across the Country, teenagers volunteered a total of 2.4 billion hours annually, worth approximately $34.3 billion to the United States' economy. He noted that statistics proved that volunteers were more likely to do well in school, graduate, and vote. He added that volunteers were also 50% less likely to use drugs, alcohol, cigarettes, or engage in other destructive behavior. Mr. Hromek reported that he received a total of 108 applications from students who were interested in joining the Mayor's Youth Council this year, the highest number of applications ever received. He noted that service to the community was a major component of the program and noted that the current group completed almost 1500 hours of service, representing a total savings of $7,725 for the community. He added that in 2002-03 the organization participated in 20 different activities and projects, working with Town Staff as well as members of the business community. EABBenderr\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 7 of 30 5/16/2003 Ms. Anderson, Secretary of the Mayor's Youth Council, briefly outlined the duties she carried out in that capacity, including helping to plan the agendas and coordinating/introducing guest speakers. She discussed the students' desire to improve the community and outlined a number of various projects and events the group participated in throughout the year. Mr. Jason Becklund, Vice Chair of the Council, discussed a number of projects that took place during the course of the year, including distributing ribbons and poppies in remembrance of September 1lth. He added that the students also helped out at the Community Center and adopted/cleaned a drive in the Town of Fountain Hills. He commented on the group's assistance with the Oktoberfest event and the Turkey Trot. He discussed a trip they took to the Maricopa County Medical Center where the members made tree decorations with the children that were later sold at Safeway with the money raised used to buy toys and equipment for the Center's rec room. Pavan Manhas, Chairman of the Mayor's Youth Council, noted that the youths strived to constantly improve themselves and discussed group goals such as maintaining attendance levels and establishing relationships with other Councils. He noted that for the last two years, a member of the Mayor's Youth Council had served as a member of the Parks and Recreation Commission. Additional discussion ensued relative to goals, achievements and successes of the members of this group. Mr. Hromek congratulated the youths and all of the members on their efforts and said that their leadership helped guide the Mayor's Youth Council to its most successful year ever. Mayor Beydler presented plaques to Pavan, Jason and Kristen in recognition of their outstanding contributions to the Town of Fountain Hills. Councilmember Melendez said that before his term in office expires, he would like to work on putting together a group of youths who would become involved in government. He congratulated the youths on the active roles they played in the community. AGENDA ITEM #14 - CONSIDERATION OF ACCEPTING A DONATION OF ARTWORK FROM THE FOUNTAIN HILLS ARTS COUNCIL AND THE FOUNTAIN HILLS PUBLIC ART COMMITTEE. Accounting Supervisor Julie Ghetti addressed the Council and stated that Dr. Paul Kolwaite, representing the Fountain Hills Arts Council and the Fountain Hills Public Art Committee, wished to donate another sculpture piece to the Town of Fountain Hills. Dr. Kolwaite commented on the fact that the Town of Fountain Hills was becoming known as an art community and said that part of the reason for that was the selection of fine sculptures the Town had received at no cost to the Town. He noted that two of the art contributors were the Sunridge Foundation and the Fountain Hills Civic Association and he thanked both of those organizations for their hard work and generous donations. Dr. Kolwaite advised that the current piece of artwork was a sculpture entitled "The Enduring Family" and had been created by artist J.K. Laing. He advised that funding for the art would be provided through both of the generous organizations he had previously listed. Councilmember Archambault commented on the beauty of the sculpture and thanked Dr. Kolwaite, the Sunridge Foundation and the Fountain Hills Civic Association for their efforts and generous contributions to the Town of Fountain Hills. Councilwoman Nicola MOVED to accept a donation of artwork from the Fountain Hills Arts Council and the Fountain Hills Public Arts Committee, and Councilman Archambault SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 2003-14 ADOPTING A FUND �. BALANCE POLICY. Town Manager Tim Pickering stated that Accounting Supervisor Julie Ghetti had prepared the proposed fund balance policy that was currently before the Council for review and consideration. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 8 of 30 5/16/2003 Ms. Ghetti said that the written formal financial policy represented the first step toward restoring fiscal credibility in both the local community as well as the financial community. She noted that the policies were prepared based on models provided by the Government Finance Officers Association (GFOA) and other cities that shared the same ratings as the Town of Fountain Hills. She added that written adopted policies were recommended by GFOA and noted that although the policies had been in effect in the Town, they had not been written down and formally adopted. She indicated that the intention tonight was to adopt Resolution 2003-14, establishing written financial policies for the Town of Fountain Hills, incorporating a formal fund balance policy. She explained that written policies also represented an important factor as far as the Town's bond rating and reported that Moody's Investors Services had penalized the Town because it did not have written formal policies in place. She added that the Moody's was watching the Town of Fountain Hills very closely to see what actions were taken in the future to remedy that situation. Ms. Ghetti added that another goal was to restore credibility in the community, both in the financial community as well as the local community, and said that the Town would adhere to the professional standards of government by adopting these policies, which would also assist in long-range planning efforts. She emphasized that the adoption of this resolution was the first step towards getting the Town's "financial house" in order. Ms. Ghetti read portions of the negative outlook issued by Moody's Investors Service. She noted that the goals of the financial policies would be for cash solvency, which meant the ability to pay the Town's bills; budgetary solvency, which meant the ability to balance the budget; long -run solvency, which was the ability to pay future costs; and hopefully the establishment of a "pay as you go" procedure so that the need to borrow money in the future was reduced, and service level solvency, which was the ability to provide the needed and desired services. Ms. Ghetti pointed out that the most important element of the financial policies was the fund balance and said this was the area that was most criticized by Moody's. She noted that the definition of fund balance was the cumulative difference of all revenues and expenditures. She added that the fund balance level wais related to the degree of uncertainty of resources and emphasized that the fund balance trend should be positive. She informed the Council that a positive fund balance trend was a sign of strong management and long-range planning. Ms. Ghetti referred to a chart depicting the Town's Fund Balance and Reserves (General Fund) in 1997 and 1998 and leading up until 1999-2000, when the Town was forced to "dip into" the fund balance reserves for the lake liner project and the community center project. She noted that the Town then got back on track to rise up again but a significant dip occurred in 2001 and this resulted in Moody's concerns. She reported that the structure of the proposed fund balance policy was threefold to provide flexibility and still meet the 30% desired level in fund balances. She pointed out that the Town of Fountain Hills had a.very good bond rating, Aa3, and said that therefore a higher expectation level exists. Ms. Ghetti reported that the three components of the policy included the undesignated unreserved funds, which was what was left over after expenditures were taken out of the revenues (also known as a "rainy day fund"), and said that it was designed to have 30 days' operating expenditures in place but said that by itself the 30 days was not a sufficient fund balance; the second component was the designated unreserved, which means that the funds were not appropriated but were set aside for future capital or infrastructure expenditures (beginning of a "pay as you go policy"); and the third component was the reserved portion, funds that were not available for appropriation. She noted that this would be the Town's absolute, bare minimum of reserves kept in the General Fund and combined with the other two components, and met the 30% requirement. She emphasized that the goal was to be at 30%. Ms. Ghetti said that, if approved, the undesignated unreserved funds would be $1,022,750; designated unreserved funds would be $1,230,675; reserved funds would be $2,461,350 for a total General Fund balance of $4,714,775. She added that Special Revenue Funds would be based on a replacement schedule (street and HURF funds) and debt service funds would be set aside to make a July 1 st debt service payment. She stated that capital project funds were development fee funds and would also be based on a schedule. She noted that those funds could not be carried longer than six years or they would have to be paid back. She also commented on financial planning and said that this set out the guidelines in the financial policy and directed that the Town Manager prepare an annual budget that was balanced with current expenditures being paid from current revenue; EABBende ADocumentsWurrent Minutes 2003\Regular 5-01-03.doc Page 9 of 30 5/16/2003 expenditure control, which said that purchases would be made in accordance with the Town Code, a section on revenues and collections that stated that the Town would seek a balanced and diversified stable revenue base for operations, and a user -free cost recovery that said at all times possible fees that were established would recover as much as possible the direct and indirect costs. Councilwoman Stevens complimented Staff on their report and asked what the current fund balance for this year would be. Mr. Pickering responded that Staff anticipated that the figure would be approximately $2.5 to $2.6 million at the end of this year and added that the policy sets out that within five years the Town would meet that goal. He emphasized the importance of beginning to put money aside. Ms. Stevens said that she thought that the Town Manager had previously asked for a 60-day "rainy day" operating cushion and noted that the proposal calls for 30 days. She asked for a clarification on this issue. Mr. Pickering stated that they were different, one was 30 days and one was 30% of the revenue. He added that the 30% of the revenue was actually a higher amount than the 60 days of expenditures. He reported that the policy was actually asking for more than the original request. Mr. Pickering read a portion from Moody's report and said that what Staff was attempting to do when they were going through the discussion was to get the Town to a minimum and was very happy that they were there. He added, however, that the financial community was saying "that's a minimum and that's nice, but it's low for your rating and you need to display that in your fund balance." He further explained that he previously stated that 60 days of expenditures represents the "bare bones" figure that the Town would want. He noted that the proposed policy exceeded that amount and required the Town to do more than just meet the minimum. Councilmember Archambault asked what the trigger mechanism would be that would cause the Town to dip into the 20% revenue. Mr. Pickering said that this would require Council action and added that according to the proposed policy, the goal was not to allow this to occur. He added, however, that under certain circumstances the Town could be forced to do that (such as lawsuits that had to be paid off, a catastrophe hitting the Town, or the loss of State -Shared revenues). Mr. Pickering said that he would really like to see more than 20% set aside. Additional discussion ensued relative to setting aside a trigger mechanism to fund back any monies that had to be taken and used in emergency situations, the fact that as part of the upcoming budget process, Staff had included setting aside a portion of sales tax funds to begin to increase the fund balance, undesignated unreserved funds and the fact that use of these funds would also be determined as part of the budget process, the importance of developing a "pay as you go" system, bonding alternatives for "big ticket" items, and the benefits of building up and maintaining fund balances. Mayor Beydler asked whether the Council, by adopting this proposal, was committing to a goal and legally binding themselves to meet certain expectations. He noted that if the sales tax went away because Proposition 400 was approved, and the Fire District came back, it appeared to him that they would have all "shuffled" along the same path of $2.6 to $3 million a year, but there would be no new growth in revenue. He asked where the growth would come from and what revenue sources would be in place to set aside funds when the Town was losing money every month. He added that some of the revenue sources would require voter approval and asked whether the Town would be faced with Staff cutbacks in order to meet the goals. Mr. Pickering commented that the question was a fair one and added that the proposal placed the onus on the Staff, and somewhat on the Council, to know that this was one of the Town's goals, a direction in which they wanted to head. He agreed that in order to succeed, cutbacks in operations might have to occur and noted that the Town would not be able to spend every dollar that it took in. He explained that the proposal would be part of the Town's overall financial plan to obtain stability and build a more solid foundation. He said that revenue would be available as a result of not spending those dollars on other items and directing those funds instead towards building the Town's base up and balancing the foundation before the monies were spent on other desirable items. He said that the revenues would come from the Town's existing revenue base and a "self-will goal" to build up the Town's revenue base. Mayor Beydler stated that in accordance with Mr. Pickering's comments, he would assume that the budget brought forward would be in line with this stated goal. Mr. Pickering responded that it would support this goal. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 10 of 30 5/16/2003 Councilman Kavanagh emphasized that the proposed policies and changes were driven by the negative comments contained in the recent Moody's report. He added that he also believed the report contained good news relative to the fact that the Town was able to maintain its Aa3 rating, an exceptional, stellar bond rating. He commented on the financial dilemmas the Town had faced, particularly in view of the fire tax that failed to pass as well as the current downturn in the economy, but said that despite those major fiscal problems, the fact that the Town responded by drastically cutting its budget, laying off people and identifying new revenue sources, Moody's had recognized that the Town had continued to make the tough decisions that needed to be made. He emphasized the importance of reading Moody's report and listening to what they were saying as far as the Town's future inability to retain its high rating if it continued to rely on a volatile sales tax to fund vital services. He added the opinion that Moody's was essentially saying that the Town should consider funding vital services through the implementation of a property tax and commented on the repercussions (specifically a decreased bond rating) that might occur if the Town did not follow Moody's advice. Mr. Pickering thanked Councilman Kavanagh for his comments and said that he made an excellent point. He stated that Moody's commended the Town for taking the steps that it had in order to maintain its financial solvency. He added that the organization told him that if the Council had not passed the temporary sales tax, Moody's would not have even met with the Town and their bond rating would already have been reduced. He added the opinion that the passage of fund balance policies and financial policies such as the ones being discussed tonight would help keep the Town on the right track and would further prove to Moody's that the Town intended to continue to improve and strengthen its financial condition. Councilwoman Stevens commented on the fact that this was a partnership and budget cuts were made in the beginning of the year. She stressed the importance of identifying new revenue sources in order to "add to the pot" and encouraged the members of the Council to become actively creative in this important area. Mayor Beydler concurred with Councilwoman Steven's comments. Councilman Melendez commented on the fact that he remembered when the Town had a 50% reserve and asked if he was correct in assuming that with the exception of the Highway User Revenue Funds, the funds were dependent totally on excise sales taxes (property taxes, development fees and transfers from the General Fund). He asked once the budgetary conditions of one or more of these funds were met, could the available surplus funds be transferred out to the General Fund. Mr. Pickering responded that the 3% represented the excise sales tax for paying off the debt for the mountains. He agreed that a difference existed between the cost of what the Town's bond payments were and what was brought in (more was brought in). He added that as far as the Town legally making those equal and putting the rest into the General Fund, that was possible but discussion had occurred relative to this and the Town Council had decided that they did not want to do that. The Council had wanted to keep putting money away for that purpose. He reiterated that legally the Town could place approximately $180,000 to $200,000 annually into the General Fund. Mr. Pickering also commented that development fees could not be placed in the General Fund and noted that there were restrictions placed upon the use of those funds, He added that if the funds were not used within a certain timeframe, they must go back to the developer that paid them and could only be used for capital items (police station, something park related, or the purchase of open space). Mr. Pickering also emphasized that fund accounting meant that each individual account must exist on its own like the General Fund, and fees such as development fees could not be co -mingled. Vice Mayor Ralphe commented on the .3% that was available for mountains and said that although it was possible that during a particular year more money was brought in than was needed, she questioned what would happen if sales tax went down the next year and they had taken out and used all of the excess monies that were available. She said it was possible that the Town could find itself having to "dip into" the General Fund and stressed the importance of avoiding this type of action and ensuring that a little bit of "cushion" was in place. Councilman Archambault said that this represented a contract with the community and would show the citizens of this Town that they could be frugal and put money away for a rainy day fund. He added that this moved the EABBendeADocumentACurrent Minutes 2003\Regular 5-01-03.doc Page 11 of 30 5/16/2003 Town one step closer to restoring public trust and indicated his support for the proposal. He also pointed out that on November 13th of last year he had come forward with several ideas relative to generating additional revenue and encouraged the Council to look into those ideas and hopefully move them along. Mayor Beydler stated that the Town Manager presented an interesting statistic that in the Town of Fountain Hills only 4% of the total available land was dedicated to the production of income or revenue (business) and said that this was generating 65% of the revenue upon which the Town existed (sales tax revenue and State Shared revenue). He added that what was said earlier about State Shared revenues was true. They hadn't reduced the rate because of the fact that sales in general were down and towns and cities across the State were losing hundreds of millions of dollars in this upcoming fiscal year budget because of their continued co- dependency on sales tax revenues as the primary engine for generating community revenue. Mayor Beydler stated the opinion that the issue of diversification was critical because the plan was only as good as the effort that was put forth to fund it and ensure its overall success. He said that he was aware of at least one proposal that would be coming forward relative to downtown development initiatives in the upcoming budget which would allow the Town to assume a more proactive role in assisting the business community in identifying suitable profiled uses for the Town to encourage more business development. He added that the Chamber's Tourism Council would bring forth some ideas to help move in that direction and stressed the importance of working in partnership with the business community. Councilman Archambault MOVED to adopt Resolution No. 2003-14, adopting a Fund Balance Policy, and Councilwoman Stevens SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 2003-11 DECLARING THE 2002 AMENDMENT TO THE TAX CODE A PUBLIC DOCUMENT. Julie Ghetti also addressed the Council relative to this agenda item and explained that the Town of Fountain Hills, when it enacted the local sales tax, adopted what was known as the Model City Tax Code, the purpose of which was to accomplish uniformity in tax reporting. She noted that all of the cities and towns in Arizona had adopted the Code. She added that there was a Tax Commission who met and made changes to the Model City Tax Code and then presented those changes to the cities and towns for adoption. She noted that typically most of the proposed changes were necessary in order to comply with State law and added that in this particular case just two definitional changes were being proposed as well as one additional change that specified when a city of town changed a tax rate, that they specify an effective date. She noted that the Town of Fountain Hills always complied with this requirement since there was a 60-day notification requirement for the Arizona Department of Revenue. She added that adoption of these changes would not result in any effects on the Town of Fountain Hills. Councilmember Stevens MOVED to adopt Resolution 2003-11 and Councilman Archambault SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 03-09 ADOPTING THE 2002 AMENDMENT TAX CODE BY REFERENCE. Councilman Kavanagh MOVED to adopt Ordinance No. 03-09 and Councilwoman Stevens SECONDED the motion. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #18 - CONSIDERATION OF A CUT AND FILL WAIVER TO PERMIT A 15.5-FOOT MAXIMUM CUT, LOCATED AT 14414 E. SHADOW CANYON DRIVE, AKA SHADOW CANYON AT SUNRIDGE FINAL PLAT, LOT 41. CASE NUMBER CFW2003-01. Senior Planner Dana Burkhardt explained that this agenda item related to a cut and fill waiver located in Shadow Canyon for one of the last lots in the west of the community. He highlighted a brief PowerPoint presentation and referred to a site plan and map showing the location of the cut. He noted that the request was for a 15.5 foot maximum cut. He explained that the property was bounded by open space to the north and had custom lots on either side. He noted that the request was for a 5.5 foot cut in excess of the ten foot maximum allowed in accordance with the Town of Fountain Hills Zoning Ordinance. He added that the portion of the proposed cut in excess of ten feet was the entire lower level garage area and a portion of the driveway in front of the garage. He EABBendeADocumentsWurrent Minutes 2003\Regular 5-01-03.doc Page 12 of 30 5/16/2003 noted that the proposed site plan showed approximately six or seven different elevations stepping up along the hillside and explained that basically the garage was sunken underneath the house. Mr. Burkhardt pointed out that the Architectural Review Committee had a 20-foot height maximum and said for that reason this house did not achieve a 24-foot height elevation from natural grade, where the Town allowed a 30-foot maximum height. He added that it essentially involved setting the house further down into the hill and having less of an impact on the site. He also referred to the two terraced retaining walls that would be landscaped to provide additional screening to the cut and noted the location of the driveway. He stated that the exterior portion of the cut might not be visible from the right-of-way and not visible at all from the adjacent properties. He explained that the members of the Commission believed that raising the elevation of the home would have a greater visual impact than the proposed design. Mr. Burkhardt noted that the Planning and Zoning Commission and Staff recommended approval of this cut and fill waiver. Councilman Archambault asked whether the height was under the 30-foot limit from the garage or driveway level. Mr. Burkhardt responded that from natural grade the height was at 24 feet. He said that the purpose of the natural grade was to place the house further down into the earth, to lower the grade, and said that the actual elevation was approximately 30 feet or barely above that. Vice Mayor Ralphe said that the Staff report stated that Staff had suggested that the applicant relocate the garage out from underneath the residence and, in doing that, avoid a cut and fill. She asked whether that remained a Staff preference. Mr. Burkhardt responded that one of the criteria they were using to review items such as this stated: "to review the measures applied by the designer to minimize the amount of cut and fill on the lot," and another was to "consider possible alternatives to the proposed plan. " He commented that Staff liked to discuss alternative options with the designer and believed that this design would be much better than bringing the garage forward and bringing the floor elevation of the garage up to meet the 10-foot maximum cut. He stated the opinion that this would just place the three -car garage main elevation on the frontage of the house in the main view from the roadway. He added that Staff was also attempting to push lot coverage with this design. He stated that he believes this option was preferable to doing a modification. Councilwoman Archambault MOVED to approve a cut and fill waiver and Councilman Kavanagh SECONDED the motion. Councilwoman Stevens indicated that she would not be able to support the motion and stated that when the Council "tweaked" the text amendment for this, she sat on an advisory committee that knew that the 10-foot fill would be a problem and that was why they added an additional 5%. She noted that this was meant for anomalies in the grades so that if someone had a high corner or a low corner, or a little hill in between, people did not have to come to the Council every time they were one foot, two feet or three feet off. She emphasized that it was in no way meant for something like this and stated the opinion that the Council was opening themselves up to requests from a lot of other applicants. She noted that 18% was just too much for her to consider. Councilwoman Stevens added that having indicated her unwillingness to support the motion, she did believe that the proposal represented a slightly better plan and added that she could support it if it weren't so large, only the garage and not the additional footage behind that. She urged the Council to look at this issue very seriously and said that she believed this was the first case to come forward since the Council amended the rules and cautioned against setting a precedent. She emphasized that 18% was a very large number and pushed the envelope just too much. She stressed the importance of designing homes in Fountain Hills to fit the sites. Councilwoman Nicola said that people lived in Fountain Hills because the community contained a lot of hills and thus the name. She added that she would vote in support of the request because she believed the proposal was attractive and represented a good use for the property. She added that she also believed in private property rights. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 13 of 30 5/16/2003 Councilman Kavanagh commented on the fact that a number of cut and fills had taken place where the disturbance was totally invisible and they had been allowed to proceed. He asked if they were to hold the applicant to the terms of the current ordinance versus allowing this, how would the look vary from one another, if at all. Mr. Burkhardt responded that a lot of options to modify the plan existed and there were many areas in which to make changes. He added the opinion that the applicant could probably answer the question better than he can. Councilman Kavanagh asked if this was a case where the excess cut and fill, for all intents and purposes, would be invisible or whether the applicant would be creating a lot more or some degree of disturbance. Mr. Burkhardt stated that the end result would be almost un-noticeable from the street. He added that, in accordance with the ordinance, he would suggest that they simply raise the entire house and said as ironic as it sounded, if they made the house more visible they would comply with the law. He explained that this was why in the past Staff had always supported buried cuts that weren't noticeable from the exterior. He added that fills were another story because you were obviously placing structure above grade and there was no way to avoid that. Vice Mayor Ralphe asked whether it was also true that the house could be built "to the land" to conform, either smaller or with a slightly different configuration to it. Mr. Burkhardt agreed that this would be another option. Councilwoman Stevens commented that if it was the direction of the Council that they were in support of any cuts that the homeowner or applicant could make invisible, then they needed to go back and take a look at their ordinance because right now there was a limit to it. She added that they needed to define their limit and their comfort level and said that although this could be looked at on an individual basis, ultimately all different percentages were going to be "pushed" and the Council therefore had to determine where "the line in the sand" really was. Thomas Bragg, the architect on this project, addressed the Council and referred to a site plan of the project. He noted that the lot was only so wide and was three times as deep. He noted that the property sat at the end of a cul-de-sac road up a 20-foot graded slope. He explained that this was the reasoning behind "pushing the house down into the hill a little bit" and leveling the driveway out. He noted that the lot rose almost 35 feet from one corner to the other. He said that they placed the garage at one level and came back a full depth of the garage and came up another story to make the house sit over the top of it. He noted that these were the two cuts and the retaining walls were used to get the driveway level to get to the garage door. He pointed out that you would never see any exposed rock or visible disturbance from the 14-foot cut. He also emphasized that all retaining wall and landscape finishes would blend into the surrounding desert. Mr. Bragg noted that the homeowner association's regulations were stricter than those of the Town of Fountain Hills and said that they had approved the proposal. He noted that the placement of the house on top of the garage and stepping it back up the lot allowed the homeowner to enjoy views and was aesthetically pleasing as well. In response to a question from Councilwoman Stevens, Mr. Bragg explained the layout of the garage, most of which "tucked under" the house. She commented that a 5% maximum allowance was in place. Councilman Kavanagh asked if the proposal were denied, what would the plan look like. Mr. Bragg responded that he would have to bring the garage up out of the lot and garage doors and concrete would then be in view. Councilman Melendez asked if the owner of the property was in attendance and Mr. Bragg responded that the owner's nephew, the builder, was present. He added that they had lived in the Town of Fountain Hills for several years. Mayor Beydler thanked Mr. Bragg for his input. Councilman Kavanagh commented that the current ordinance was working because in order to do what was being proposed in this case required special approval of the Council. He added that this means that the Council was required to review the case and determine whether extenuating circumstances existed that make granting an exception to the ordinance a reasonable thing to do. He added the opinion that this appeared to be a situation where denial of the waiver would result in the creation of a house that would blend less with the environment and be less environmentally friendly. He added that he didn't blame the authors of the laws. He believed that because of varying topography and buildings, it would be impossible to craft a law that took into account every conceivable situation. He added that denying this request would "sound nice" because the Council was EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 14 of 30 5/16/2003 protecting an existing law, but would have the ultimate result of allowing a project that would be environmentally unfriendly. Councilman Archambault MOVED to approve a cut and fill waiver to permit a 15.5-foot maximum cut and Councilman Kavanagh SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Ralphe Nay Mayor Beydler Aye Councilman Melendez Aye Councilwoman Nicola Aye Councilwoman Stevens Nay Councilman Archambault Aye Councilman Kavanagh Aye MOTION CARRIED BY MAJORITY VOTE (5 TO 2). AGENDA ITEM #19 - PUBLIC HEARING TO RECEIVE COMMENTS ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW PROPOSED DETACHED ACCESSORY GARAGE STRUCTURE TO ENCROACH WITHIN THE REQUIRED MINIMUM REAR AND STREET -SIDE YARD BUILDING SETBACK IN A "R-2" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 17219 E. RAND, AKA PLAT 201, BLOCK 6, LOT 6; CASE NUMBER SU2003-04. Mayor Beydler declared the public hearing open at 8:58 p.m. Mr. Burkhardt noted that this was the first request that had been received since the text amendments were made. He noted that the Council amended the ordinance to restrict large accessory buildings from being permitted into rear yard setbacks. He noted that prior to this amendment, the Zoning Ordinance permitted large accessory structures (over 120 square feet in size) to encroach into rear yard setbacks, a distance no greater than the minimum side yard setbacks and in this case, a 25 foot rear yard setback was required and the side yard was five feet, so essentially prior to the adoption of this ordinance this structure could have been built five feet away from the rear property line. Mr. Burkhardt noted that the Council voted to amend the regulations to restrict buildings going into the rear yard setbacks in order to avoid the potential of having two structures within ten feet of one another. He referred to a site plan and identified the location of the property. He stated that the proposed accessory structure was located adjacent to the rear of an existing duplex, approximately five feet from the lot's rear property line. He noted that the alley currently provided access to two multiple -family buildings that contained approximately ten dwelling units combined. He discussed the status of the alley and reported that it was currently "black topped" but was not a completely improved roadway. Mr. Burkhardt stated that the Special Use Permit request was to permit a garage structure to encroach within the required minimum street -side building setback. He added that the proposed garage access was from the alley adjacent to the rear of the property from a concrete driveway and said that the applicant was also proposing a 42-inch solid masonry fence along the rear and alley property lines to enclose the property. He also pointed out that the proposed building was designed to respect the minimum required five foot side yard building setback from the abutting property rear lot line, a 20-foot setback from the east alley side property line and a nine foot setback from the south alley side property line. He also noted that the proposed structure was approximately 1,728 square feet in area and approximately 11.5 feet tall at the highest point. Mr. Burkhardt informed the members of the Council that the owners of Lot 7, Joseph, Emma. and Shirley Fritzel, had protested this Special Use request at the public hearing. He noted that their primary concern was that if the request were approved, the garage would block the views from their homes and pool/patio area. He noted that the Planning and Zoning Commission and Staff have recommended denial of this Special Use request. He added that Staff requested that the Council direct Staff to prepare a Zoning Ordinance text amendment to prohibit large or small accessory structures by special use unless otherwise specified in the Zoning Ordinance. Councilwoman Stevens commented on the irregular configuration of the property and said that it almost appeared to be two lots. She asked if Mr. Burkhardt had any information relative to this issue. He referred to EABBender0ocuments\Current Minutes 2003\Regular 5-01-03.doc Page 15 of 30 5/16/2003 exhibits contained in the Council backup materials, specifically a memorandum from Andrew McGuire through Paul Nordin to the Mayor and Council. He pointed out that in that memo it stated that staff was proposing that the parcel be split into two tracts with the remainder reserved as public right-of-way. Town Attorney Andrew McGuire provided a brief explanation relative to this matter and stated that the property behind the two homes was a piece of town -owned property that was in the state of neglect. He said that the property owners asked for permission to enter the subject property for the purpose of removing debris and weeds in an effort to reduce fire danger and to maintain their views of the surrounding mountains. He explained that identified a larger, more long-term problem, that this wasn't an area the Town had any use for since a cul- de-sac bulb had been built down there and left this little "orphan" piece. He reported that a decision was made at the time to put this piece of property up for sale and divide it into two small parcels. He noted that neither parcel, either individually or together, could have been developed for a primary structure and therefore this action was useful only to the adjacent property owners who were approached relative to the proposed sale. He explained that property owners on one side were not as interested as property owners on the other who wanted the entire property and therefore instead of having two longer lots, there was one bidder and an "L" shaped lot belonging to him took up the space. Mayor Beydler said that he would now allow input from citizens in the audience. Lyle Aklestad, 17219 E. Rand Drive Mr. Aklestad, the owner of the property, addressed the Council relative to this agenda item. He stated the opinion that the case was unique and noted that the land had been for development and that was why it was purchased. He noted that both of the property owners at one time had the opportunity to buy the portion behind each lot. He commented on the fact that the coverage of the lot was well within the boundaries of the 50% coverage rule and added that after working on this proposal for the last year and a half, he had learned that by the time you go 50 feet from the curb in order to have an approach into the garage, you have to more or less come into where the driveway was now. He referred to a secondary proposal that he distributed to the members and said that if you look at that proposal everyone would be backing into the cul-de-sac. He stated the opinion that everything was designed much safer this way than it would be if they went according to the ordinance. He pointed out that if he built the home according to Town codes, it would be much higher, much more unsafe, and would include excess concrete. Mr. Aklestad noted that he had copies of letters from people living in the apartments and condominiums that have this access and reported that they were very much in favor of the building. He added that he was an antique car collector and had a museum at his other home. He said that he simply wanted to have a few cars at this location as well. He commented on the fact that there were no curbs on the cul-de-sac and stated the opinion that it needed to be developed and urged the Council to approve his request. Councilwoman Stevens asked whether Mr. Aklestad had provided the Council with copies of a new layout and he confirmed that he had but noted that the alternate layout showed how he could build the structure right now without going through this special permit process. Councilwoman Nicola posed a question to Staff relative to whether the Town had any plans to widen the alley to increase safety in the future. Mr. Burkhardt responded that he was not aware of any plans to widen the alley in the future. He noted that many multi -family projects take access through this alley but no improvements, other than routine maintenance and upkeep, were proposed. In response to a question from Councilwoman Nicola relative to the availability of block grants in order to enhance safety on this access road, Mr. McGuire stated that he was not sure which type of grant funding would be pursued to accomplish this goal but noted that Staff was constantly seeking Federal dollars for a variety of improvements. He stated the opinion, after visiting this area, that the roadway was a 24-foot piece of pavement, two full lanes of traffic, and noted that this was almost as wide as most of the Town's streets. Public Works Director Tom Ward commented that curbing was not placed on these types of alleys because they had an "inverted crown" and carried the water to the center of the street. He added that this was a very short cul-de-sac and no reason existed to place curbing in this location. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 16 of 30 5/16/2003 Mr. Burkhardt also pointed out that the fact that this was an alley in a rear lot line to a number of lots and said there were six-foot masonry walls right on those property lines as well as the alley line. He pointed out that Staff s position relative to developing on alleys if there was a request was to take access from that alley and it was treated as a front yard setback for that particular property. He noted that along the alley serious sight �w obstructions existed in some instances and this wasn't designed or planned to carry a lot of traffic. Councilwoman Nicola noted, however, that the alley was the only access to some of the buildings and Mr. Burkhardt agreed. Councilman Archambault referred to a diagram of the property, particularly the piece where a section was sold, and asked what the "triangular pie" down at the bottom was. Mr. Burkhardt responded that this was a turnaround for street and emergency vehicles. He noted that it "dead ends." Jack Bercel, 17220 Malta Drive Mr. Bercel referred to diagrams of the property and highlighted the location of his residence for the benefit of the Council. He explained that from his patio he looked right towards the cleaned up spot that kept looking better. He stated the opinion that the applicant was proposing the best use for the property and added that no public safety issues existed and the turnaround was more than adequate. He said that he was not opposed at all to this proposal and would look right at this structure. He added the opinion that the owner would extend his landscaping and further improve the overall aesthetics. He urged the Council to approve the request. He added that the project would improve the neighborhood as well. He also commented on the red "Big O Tires" sign across the highway and said that this posed more of a problem for the neighbors than the current proposed project. Councilman Kavanagh indicated his interest in reviewing the site plan and in learning how the applicant could in fact legally build at this location. Mr. Aklestad explained the details of the proposal to Councilman Kavanagh. Councilman Kavanagh said he did not understand how the applicant could build the garage on that site by moving it and asked whether he would in fact be moving into the five-foot setback. Mr. Aklestad responded that he wouldn't be moving it; he would be eliminating a portion of the garage. Councilman Archambault said he was curious, since a radius turnaround existed, what the 20-foot setback would look like if they were following the radius. Mr. Burkhardt responded that Staff had not measured that and he did not have those dimensions available at this time. He referred to a line on the plan that he believed was the pavement line. The Mayor asked if there were any additional citizens wishing to provide input at this time and there being none, the Mayor declared the public hearing closed at 9:20 p.m. AGENDA ITEM #20 — CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A PROPOSED DETACHED ACCESSORY GARAGE STRUCTURE TO ENCROACH WITHIN THE REQUIRED MINIMUM REAR AND STREET -SIDE YARD BUILDING SETBACK IN A "R-2" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 17219 E. RAND, AKA PLAT 201, BLOCK 6, LOT 6; CASE NUMBER SU2003-04. Councilwoman Nicola asked the applicant if his garage was built a little smaller whether or not he would still be able to utilize it. Mr. Aklestad responded that it would not be able to be utilized as well as he would like and added that the structure would have to be higher if it was smaller because of center wall support issues. He noted that he would only be able to store four antique cars and it would be harder to "look over" than the current design. Councilwoman Nicola commented on the fact that the Council had heard from two of the neighbors and a neighborhood association who were all in support and said that for this reason she would present the following motion for approval. Councilwoman Nicola MOVED to approve a Special Use Permit to allow a proposed detached accessory garage structure to encroach within the required minimum rear and street -side yard building setback in a "R-2" EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 17 of 30 5/16/2003 multi -family residential zoning district located at 17219 E. Rand, aka Plat 201, Block 6, Lot 6; Case Number SU2003-04 and Councilman Archambault SECONDED the motion. A roll call vote was taken with the following results: Councilman Melendez Nay Councilman Kavanagh Nay Councilwoman Nicola Aye Councilwoman Stevens Nay Councilman Archambault Aye Mayor Beydler Aye Vice Mayor Ralphe Nay The motion FAILED BY MAJORITY VOTE (4 TO 3). AGENDA ITEM #21 — CONSIDERATION OF A CUT AND FILL WAIVER TO PERMIT A 13-FOOT MAXIMUM CUT FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE LOCATED AT 10019 N. PALISADES BOULEVARD AKA. FIREROCK. LOT 12. CASE NUMBER CFW2003-02. Planner Denise Ruhling addressed the Council relative to this agenda item and noted that the request was for a cut and fill waiver. She added that in this instance they were looking at a cut and noted that the lot slopes greatly from the street downward. She noted that the residence was already under construction, the issuance of a building permit was approved, and an amendment was made which necessitated the cut and fill waiver. She noted that the cut that was being discussed was located in the driveway and was not part of the house and explained that they had pulled the retaining wall just a "tad" into the area and with the original permit, they were right at the ten -foot requirement. She noted that there was one area that was at 13-feet and said that the waiver was to permit a 13-foot maximum cut for the development of this home. She referred to the location of the cut and noted that it would be located between the proposed home and Palisades Boulevard, more specifically at a portion of the driveway and the southwest portion of the residence. She added that there was an additional cut in excess of the maximum allowed located in the main floor of the residence, which could be approved administratively. Ms. Ruhling informed the Council that the proposed cuts would not be visible from the adjacent right-of-way but would be evident to surrounding open space, golf course, and neighboring residence. She reported that the members of the Planning and Zoning Commission, who supported this proposal (3 to 2 vote), believed that the project being presented was aesthetically superior, reduced the number of retaining walls, and was a reasonable request. She added that Staff also recommended approval. Councilwoman Stevens asked what type of cuts were administratively approved in the house and Ms. Ruhling responded that one very small cut was approved. Councilman Kavanagh MOVED to approve a cut and fill waiver to permit and Councilwoman Nicola SECONDED the motion. Councilwoman Stevens commented on the fact that she voted against the previous two agenda items because the ordinances were just amended and she did not support waiving them. She stated the opinion that this application made sense, involved the driveway rather than the house, and indicated support for this request. She added that perhaps driveways were another area that should be looked at as far as this issue goes. Vice Mayor Ralphe asked how big an area the cut would encompass and was advised that it involved the very corner of the garage and was necessary to facilitate getting the driveway to work in view of the slope. Ms. Ruhling added that the cuts were really not that large and were long and skinny. The motion CARRIED BY MAJORITY VOTE (6 TO 1) with Vice Mayor Ralphe voting Nay. ,%W Mayor Beydler declared a brief recess at 9:30 p.m. and the meeting reconvened at 9:39 p.m. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 18 of 30 5/16/2003 AGENDA ITEM #22 — PUBLIC HEARING ON ORDINANCE 03-07 AMENDING CHAPTER 6 OF THE ZONING ORDINANCE (SIGN ORDINANCE). Mayor Beydler declared the public hearing open at 9:40 p.m. Town Manager Tim Pickering commented on the number of public sessions that had been held on this issue and noted that Planner Denise Ruhling would present an overview for the benefit of the Council and the audience. Ms. Ruhling advised that she had been working on the issue for the last ten months and said that Staff decided to undertake a complete "revamping" of the Sign Code because of the number of "holes" in the ordinance that they were experiencing. She added that a significant amount of information remained unchanged and noted that major changes included corner building total aggregate; neon; secondary entrance signage; and under canopy signs. She explained that these areas were identified and addressed as part of public meetings held with business owners and members of the community. She added that they then looked even further and came up with changes to awnings/canopy signs; banners; window decorations/painting, and A -Frame signs. She noted that in total seven "gimmes" were provided and one "take away," i.e. A -Frame signs were proposed to be prohibited after January 1, 2004. Ms. Ruhling stated that Staff s concerns regarding A -Frame signs included locations in the right-of-way, off - premise locations (other person's property), improper placement, misuse as directional versus advertising, no permit required, not required to be professionally made, loosetnot attached and left in the right-of-way after sunset. She explained that in accordance with current regulations, each business was allowed up to five A - Frame signs and pointed out that with more than 499 business located in commercial zoning districts, this could result in the display of over 2,495 A -Frame signs. She added that the were 744 home -based businesses in Town as well and said that if each of those businesses displayed five signs, the Town would be looking at an additional 3,720 signs, for a total of 6,215 A -Frame signs. Ms. Ruhling advised that the Planning and Zoning Commission reviewed this issue at a workshop and at a public hearing as well and recommended approval, by unanimous vote, with the change to allow A -Frame signs to remain until January 1, 2004, thereby allowing businesses adequate time to plan alternative advertising. She added that at the recent Town Council workshop, a concern was expressed that the original intention of the January 1, 2004, deadline was to allow a one-year phase out of the signs. She said that Staff suggested that the Council might want to change the deadline to reflect a date one year from adoption of the ordinance. She noted that additional concerns addressed at the workshop included enforcement as it pertained to banners and garage sale signage. She pointed out that Staff had made changes to both of those and said that slight changes had been made relative to banners and garage sale signs, which reflected a minimum size requirement. Ms. Ruhling commented that discussion also took place regarding enforcement and she performed additional research in this area and reported that from April, 2002, to March, 2003, 610 sign violations were processed. Of those violations, 30 were processed within the last month. She noted that this number was down from the number typically processed because of the pending changes to the Sign Ordinance. She reiterated that only one sign component was being removed and stated the opinion that the proposed changes were positive ones for the business community. She stated that Fountain Hills had been built on sign regulations and was successful because of those regulations. She added that without regulations, Fountain Hills would become a Mecca center for unlimited signage. She noted the significant amount of time and effort that had gone into this matter and added that Staff was seeking Council support of the proposed sign ordinance as presented. Councilman Archambault commented that approval of Staff s recommendations would eliminate the A -Frame signs and asked when the one-year grace period would begin. Ms. Ruhling advised that the proposed ordinance currently before the Council stated that the A -Frame signs would be eliminated as of January 1, 2004. She added that if the Council desired to change that to reflect one year from the date of passage of the ordinance, this too could be accomplished. Councilman Archambault noted that discussions took place during Work Study Sessions relative to waiving permit fees for monument signage in order to encourage this type of signage and asked whether she saw any drawbacks to the waiver. EABBender0ocumentACunent Minutes 2003\Regular 5-01-03.doc Page 19 of 30 5/16/2003 Ms. Ruhling stated that fees were not within her realm of responsibility and said that if the Council so desired, Staff could be directed to pursue this issue and report back with their findings. Councilman Archambault added that discussion also took place regarding different districts, such as the downtown area, and asked whether Staff had had an opportunity to focus on identifying different areas. Ms. Ruhling responded that she believed Public Works Director Tom Ward addressed some of this during the workshop and noted that Staff was definitely open to the idea of signage for different districts. She added that thought would have to be given as to how to proceed to achieve this goal. Councilman Archambault said that this might be an issue that Staff could report on at a future time. Councilman Melendez stated that he has had many small business owners ask him what was being done with respect to businesses located south of Shea to identify that they do exist, and asked whether any effort had been expended to let people know that the businesses were there. Ms. Ruhling said that she was not aware of any immediate solution to that problem and added that being south of a major arterial street was something that most people considered prior to purchasing their business locations. She stated that discussions had occurred relative to signage for districts stating for example "retail center" with arrows pointing to the vicinity that would be installed by the Town but added that they had not gone so far as to say that this was exactly what would take place in an effort to alleviate the problem. She noted that currently the Town's ordinance did not allow any type of signage on Shea Boulevard unless it was specifically on private property, fronted on Shea Boulevard, and met certain setback requirements. She said that there was no perfect answer to that question at this time but it was one of the issues that Staff would continue to look at as a community. She added that the businesses were going to have to expend effort to reach a joint solution/conclusion together in addition to working with the Town. Councilman Kavanagh commented that when Laser Drive was abandoned, a great deal of concern was expressed by the businesses located there relative to their lack of public access. He stated that although the Council did not vote on it, there was a certain amount of positive acceptance of the idea of a large entrance monument in the Target area that would list the individual stores and there was even talk about some land being donated for that purpose. He commented that in view of current fiscal restrictions, the Town was not in a position to pursue this at the current time but added that he hoped that one -day one or two significant sized attractive monument signs might be erected on Shea at the now sole entrance to the business area. Councilman Melendez commented that the issue he had with any type of ordinance was how effective the enforcement was going to be. He discussed previous reports that indicated there were over 150 sign violations and commented on the contents of the Staff Report that noted that there were 511 calls for service on sign violations and only three citations. He emphasized the importance of enforcing policies that were adopted by the Council, determining impacts on the community, and deciding exactly who should be in charge of the actual enforcement. Councilman Kavanagh stated the opinion that one proposed significant change to the Sign Ordinance was in the area of neon and said that many of the people who originally voiced support for neon signage stressed the importance of letting people know that they would be "open" neon signs, small with a true practical purpose, and would not be on all the time. He noted that the Town Attorney had since ruled that there could not be any restrictions placed on neon other than prohibiting beer signs. He added that the original limited scope of the neon signs had now broadened significantly. Town Attorney Andrew McGuire commented that the question that was posed was could a neon sign be limited to just say "open" or "closed" and said when talking about content -based regulations, it was important to take a very careful look at whether it was an appropriate time, place, and manner for such a restriction to take place. He stated the opinion that in this case, Staff did not feel that the content of the signs could be limited and the alternative option was to limit size. He agreed that this was one area where caution had been exercised. Councilman Archambault said that discussion briefly touched on corner buildings and signage and asked whether this ordinance would eliminate upper level signs. Ms. Ruhling responded that signs that were existing on second story buildings would be allowed to stay because they would be "grand fathered -in" but any new buildings would not be allowed to display signage on second stories. Councilman Archambault also commented on mobile signs and Ms. Ruhling indicated Staffs intention to look closer at this area and report their findings. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 20 of 30 5/16/2003 Councilman Archambault said that his trailer had a huge sign on it and as long as he was not parking it out on the street as a form of advertising, it was his understanding that he was in compliance with the ordinance. He asked for confirmation of this fact. Mr. McGuire responded that this question had generated significant interest lately mainly because it was a difficult regulation to write and indicated that Staff was seeking a good solution that represented a fair compromise that addressed abuses. Ms. Ruhling stated the opinion that trailers that were not purposely placed on lots to serve as additional advertising mechanisms were not considered violations. Mayor Beydler stated that he would now like to hear from any citizens who wished to speak regarding this agenda item. Town Clerk Bev Bender noted that Sharla Shore, the owner of Bodyworks, 16913 Enterprise Drive, had filled out a card indicating that she did not support the proposed changes to the Sign Code, specifically the elimination of A -Frame signs, but said that she did not wish to speak. Ms. Bender added that the following speaker, Sherry Sledge, had indicated that she would be speaking on behalf of six businesses, and requested that she be provided a total of five minutes in which to present her remarks. Sherry Sledge, 16913 Enterprise Drive Ms. Sledge, the owner of Bodyworks Center for Perfect Health, said that she chose to open her business in Fountain Hills so that she could serve the citizens of this community. She noted that over 300 people have signed in support of the benefits of allowing A -Frames signs to continue to be placed within the Town. She said that it was her understanding that realtors would still be able to utilize A -Frame signs and added that she was a real estate broker and at one point had 15 offices in California, all of which utilized A -Frame signs. She said that she considered that a business and she was still involved in a business, although it was no longer real estate, and questioned why she could use them if she was still doing real estate but couldn't use them because she was involved in a different type of business. She expressed the opinion that the proposed ordinance was discriminatory and commented on the extensive amount of advertising she did and the money she spent in an effort to attract customers. She reported that Planning and Zoning staff made a comment that instead of living in the "cheaper" area of Town, she should move to the area around the Fountain and spend more money on advertising. She said that she found this remark to be insulting and unwarranted. Ms. Sledge noted that she tracked where her business came from and reported that 15% of her business was the result of A -Frame signs and represented newly generated business. She commented on the negative effects that the elimination of those signs would have on her business and revenues. She noted that she had photographs of A -Frame signs displayed in Scottsdale as well as Paradise Valley, some with balloons attached, and indicated that the same should be allowed in Fountain Hills. She recommended that the Council consider issuing some type of sticker or permit for the signs and said that perhaps a group of business leaders could get together and perform the actual policing. She stressed the importance of providing the business community methods of retaining profitability and attracting customers. She said that she liked the basic sign ordinance but asked the Council to delay action on the A -Frame portion until a group of business owners could be formed to come up with alternatives and options that would benefit everyone. Louis Mirabella, 16524 Fairfax Drive Mr. Mirabella stated that he and his wife also owned a business in Fountain Hills, utilized A -Frame signs and believed they were beneficial to the business. He said that most of the people he had talked to were either indifferent about A -Frame signs or believed they were helpful. He added the opinion that a very small minority group was against the A -Frame signs. He commented on the fact that there was a tent sign law already on the books and suggested that this law be enforced and the elimination of A -Frame signs be abandoned. Vladimir Hulpach Mr. Vladimir Hulpach, representing the Fountain Hills Chamber of Commerce, discussed the Chambers' GI involvement in this issue and noted that they did not recommend banning the signs entirely, but rather suggested replacing A -Frames with directional signs. He suggested that the Council consider implementing an 18-month phase -out period for A -Frame signs and noted that the idea behind this was to provide the businesses with a sufficient amount of time. He also urged the businesses to become active in alternative methods of advertising EABBender0ocumentACurrent Minutes 2003\Regular 5-01-03.doc Page 21 of 30 5/16/2003 and indicated the Chamber's willingness to work with them to accomplish this goal and limit impacts on their businesses. Sal Ripoli, 16852 E. Parkview Avenue Mr. Ripoli stated that he was the owner of Mama's Italian Kitchen and stated that A -Frame signs had a very important value and had been proven to increase business volume. He stated the opinion that the A -Frame signs must be retained but agreed that this should be done in a professional and aesthetically pleasing manner. He suggested that the business owners be provided an opportunity to develop viable attractive options for consideration. He urged the Council to allow this issue to proceed in that manner rather than ban them throughout the Town of Fountain Hills. There were no additional citizens indicating their desire to speak at this time and the Mayor declared the public hearing closed at 10:15 p.m. AGENDA ITEM #23 — CONSIDERATION OF ORDINANCE 03-07 AMENDING CHAPTER 6 OF THE ZONING ORDINANCE (SIGN ORDINANCE). Mayor Beydler stated that he had asked the Mayor's Youth Council to conduct a baseline service for the Council and reported that last Saturday, April 26 h, between the hours of 10 a.m. and 12 p.m., they counted every single tent sign that was displayed in the Town of Fountain Hills. The Mayor reported that there were 235 total tent signs, 85 of them, representing 36%, were real estate related; 150 were non -real estate, however of those 150, 42 were garage sale or moving sale signs. He reported that in essence 45% or less than half of the tent signs were for non -real estate, garage sale or moving sale signs. He noted that the majority of all these signs were found in the blocks around the Town between Saguaro, Fountain Hills Boulevard, Palisades and El Lago. He agreed with Mr. Hulpach's comment that 90% of what was contained in the policy was extremely well thought out but a couple of "sore spots" remained, namely the tent signs. He urged everyone not to forget that 90% of the document was acceptable and commendable although some "fine tuning" remained to be done. The Mayor said that there was a reason why the business owners wanted to be seen, why they want those signs out there. , Businesses were not making enough money and they wanted to attract more customers. He discussed difficulties associated with letting people know that the businesses "are here," particularly in Fountain Hills. He recalled his personal signage experiences when he campaigned for office and said that his "take" was you didn't take away without giving back something of equal of more value than what people already had. He said that they had talked about business districts with some monument signage and had been told that Staff was looking into this but the Town was not ready to proceed in this direction yet. He stressed the importance of making this a priority and a reality. Mayor Beydler commented that he was informed by Staff that monument signs could cost upwards of $25,000 each and said that driving into Town today from Scottsdale he was listening to the radio and heard a discussion about the new name for the Squaw Peak Parkway. He noted that $2500 had been allocated to cover the entire cost of the revised sign package for that freeway. He stated that he had talked to many business owners in the community and they said, "Give us the district, the criteria and the rules of the game and we'll pay for the signs to give ourselves some identity." He emphasized that the owners wanted to have the opportunity to protect themselves and minimize impacts on their businesses. He reiterated that effort must be expended to give the business owners, who represented "the butter on the Town's bread" something equally as good or even better should a decision was made to take something away. Councilwoman Nicola MOVED to approve Ordinance No. 03-07 amending Chapter 6 of the Zoning Ordinance (Sign Ordinance) subject to the removal of provisions 6.08(2)(a) that stated "A -Frame signs would be prohibited in all zoning districts after January 1, 2004" and substituting that language with the following provision: "A - Frame signs shall be professionally made and shall be issued a permit from Building Safety/Community Development." Mayor Beydler SECONDED the motion. Councilman Melendez stated the opinion that small businesses really needed a "boost" and said that the customer base the businesses attributed as a result of the A -Frame signs was significant. He added that he also felt that the issue of sign pollution needed to be looked at and commented that he liked the idea of monument signs. He said that he had talked to some businesses about contributing to the cost of these types of signs and EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 22 of 30 5/16/2003 noted that he was aware of the fact that this represented a work in progress. He indicated that he would support Councilwoman Nicola's motion with the understanding that they continue to look into the issue of monument signs. �01 Councilwoman Nicola indicated her intention to offer an additional amendment to the motion. She stated that the code stated that there shall not be more than five A -Frame signs allowed at any one destination and said that she was not aware of any business that utilized more than three. She commented that she would like to AMEND her motion to change the maximum number of signs to three at one destination. Councilwoman Stevens SECONDED the amendment to the motion. Councilman Kavanagh indicated his intention to amend the amendment and stated the opinion that a major problem the Town was experiencing with A -Frame signs was that some people were abusing them. He said he had seen some stores with multiple A -Frame signs next to each other on major streets and added that he would like to amend the motion to state that any store (not real estate signs) located on a major streets (i.e. Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard and Avenue of the Fountains) shall be limited to one A -Frame sign. Town Attorney Andrew McGuire requested that if the Council wants to extract out A -Frame signs from the ordinance, that Ms. Ruhling be provided an opportunity to draft language relative to the A -Frame sign issue that would stand alone. He said that opportunity should be provided to discuss this further and determine the best possible manner in which to address this item. He said that in the meantime, the restrictions would be removed and A -Frame signs would continue to be allowed. He added that the first part of Councilwoman Nicola's motion that the prohibition on A -Frame signs be struck would be pulled out and brought back as a separate item to be addressed at a future meeting. The Mayor asked whether all of the other items discussed such as the number of signs and locations would also be addressed at a later time. Mr. McGuire said that this was correct. Mayor Beydler stated that they were now back to the main motion with the amendment to remove the tent sign verbiage from the document. Ms. Ruhling stated that the Council would not vote to prohibit the use of A -Frame signs as they were still not specifically allowed, but they were not prohibited and Staff would work on language and recommendations and present their recommendations as soon as possible regarding this issue. She added that there were communities with A -Frame regulations in place and she would research that area as well. Councilman Archambault asked for a clarification as to where they stood at this point. Mr. McGuire clarified that his suggestion was that they take out the prohibition against A -Frame signs after January 1, 2004, and then address that as a separate issue. Councilwoman Nicola restated her motion and stated that she MOVED to approve the new Sign Ordinance with the exception of 6.08(2)(a) stating that A -Frame signs would be prohibited in all zoning districts after January 1, 2004, and with the stipulation that similar language would be removed over other areas of the ordinance. Councilwoman Stevens SECONDED the motion. Vice Mayor Ralphe said that she supported this motion and added that she had come to this meeting with a strong sense that whatever occurred ought to be fair and equitable to all businesses. She added that she was troubled that some businesses would be moving towards no A -Frame signs while other businesses, realtors, would be allowed directional signs which look somewhat like A -Frame signs. She said that after listening to the business owners and hearing how much they need those signs, she realized that they needed support in this area. Vice Mayor Ralphe said she would also like to direct Staff to pursue Ms. Ruhling's suggestions relative to items that could be brought back, even to the point of broadening it to include monument signs, input from business owners, and other ideas that might improve signage and assist business owners in this area. Councilwoman Stevens agreed that signage rules for one group should apply to all groups and stressed the importance of across the board regulations and fairness to everyone, including realtors. She added that either EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 23 of 30 5/16/2003 they liked the look of the signs or they didn't, but said that uniformity and consistency was paramount and should also apply to garage sale signs. She said that those two A -Frame categories (realtors and garage sale signs) should also fall under this and said she would AMEND the motion to also remove those and direct Staff to come back with compatible ideas for those areas as well. She added that open house directional signs and garage sale signs also fell into the category of alternative ideas. Vice Mayor Ralphe SECONDED the amendment to the motion. Councilwoman Nicola commented that she agreed with many of the issues that had been discussed, such as the importance of having the signs professionally made, but said that her concern relative to permitting garage sale signs was that they belong to the Town anyway. They were loaned to people who were having garage sales. She added that realtors who held open houses in the Town did not always live in the Town and questioned how this area would be regulated. Councilwoman Stevens said that she did not believe they had decided upon a permitting process yet and added that she believed the intent was to open up this issue to any and all ideas and permitting was just one idea that would be explored. Mayor Beydler said that he understood that Councilwoman Nicola was requesting two categories and research be added to the overall discussion that was going to occur. The Mayor asked for a vote on the amendment. MOTION CARRIED UNANIMOUSLY (7 TO 0). Mayor Beydler directed Staff to research business enterprise districts thoroughly. He added that he would like to see marquee signage looked into as well and a policy recommended to the Council for their consideration regarding all of the issues associated with them. He said that he did not believe that long-term tent signs for successful retail businesses were going to be all that necessary if the Town eventually came to grips with beautiful monument signage that advertised the businesses' existence and provides a sense of identity. He also emphasized the importance of involving members of the business community in discussions relative to this issue. He added that he would like Staff to take this matter "to heart" and come back with a recommendation relative to whether business enterprise districts would work. Councilwoman Stevens agreed with the Mayor's comments and encouraged the members of the business community to bring forward their recommendations and ideas. Councilman Kavanagh MOVED to strike the permission to use neon and to retain the current ban on neon. Vice Mayor Ralphe SECONDED the motion. Councilman Kavanagh stated the opinion that the Council was wise to ban neon in the past and added that he believed the continued ban was consistent with the look that the Town was trying to project. He said that he did not believe stores had to use neon to "announce" that they were open and noted that the overwhelming majority of stores did not display "open" signs, and therefore this does not seem to represent a necessity. He also pointed out that they had discovered that the signs could not be restricted to open neon signs and said that these were the reasons for his motion. Councilman Archambault said that he could not support the amendment to ban neon and added that if the Council continued in this direction, they were going to "dismantle" all of the efforts that had gone into this important issue. He stated that he believed the proposal represented a well -crafted sign ordinance. Councilwoman Nicola read from the document for the benefit of the audience that neon was only allowed as follows: as part of a wall sign or for window signage with a maximum size of 4 square feet. She announced that she also would not support the proposed amendment to ban neon. Mayor Beydler noted that he would not vote in support of banning neon either and said that he liked the look. Councilman Melendez asked Councilman Kavanagh if his proposed amendment "grand fathered" the existing businesses with neon signage. Councilman Kavanagh responded that every existing business in Town with neon was in violation of the law and added that he was personally disappointed that zero enforcement had taken place. He said that all neon in Town, except for perhaps some of the very old stores that might have been EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 24 of 30 5/16/2003 "grand fathered" was illegal. He added that he believed that the amount of neon many of the stores were displaying was excessive as well and major violations existed. Mayor Beydler called for a vote on the amendment to ban neon. A roll call vote was taken with the following results: Councilwoman Nicola Nay Councilman Archambault Nay Councilman Kavanagh Aye Councilwoman Stevens Aye Mayor Beydler Nay Councilman Melendez Aye Vice Mayor Ralphe Aye MOTION CARRIED BY MAJORITY VOTE (4 TO 3). Councilman Kavanagh asked for a clarification on the time that banners would be permitted and said he believes a contradiction may exist. Mayor Beydler called for a point of information and requested that prior to moving on, Councilman Kavanagh clarified his neon motion, specifically what effect this would have on existing and future businesses that wished to use neon. Councilman Kavanagh clarified that any and all businesses that currently had legal neon would be allowed to keep neon until they go out of business or for as long as they remained in business. He added that all illegal neon must be removed and no new neon signage would be allowed. Mayor Beydler asked Councilman Kavanagh to define "illegal" neon and Councilman Kavanagh responded that this term referred to any neon that was put up since neon was banned, approximately two years ago, and/or any neon that was in excess of permitted neon for those that had neon in place prior to the ban. Councilman Kavanagh went back to his original question relative to banners and asked for a clarification on how often banners could be put up. Ms. Ruhling advised that the proposed ordinance contained the correct language, namely that the banners be allowed for grand openings, a change in business name or changes in ownership for up to 14 days. Councilman Kavanagh said that this was fine with him and thanked Ms. Ruhling for her clarification. Mayor Beydler called for the question and asked all those in favor of the policy as amended to vote at this time. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #24 — CONSIDERATION OF RESOLUTION 2003-20 AMENDING RESOLUTION 2003-02 ENDORSING THE FORMATION OF A NEW FIRE DISTRICT TO EXTEND THE EXPIRATION DATE TO APRIL 16, 2004. Town Attorney Andrew McGuire stated that he met with representatives of the Committee to Save Our Community earlier this week and they had discussed amendments to change the date in the original resolution and extend it to April 16, 2004. He added that he now understood that the request was for a date that represented more of a "floating number," namely one year from the time that they began to circulate petitions. He noted that the purpose of the original deadline Staff proposed had nothing to do with the one year, but rather dealt with the time that Staff would need in order to place an item on the ballot next May if there were no indications that the District would be formed and in the case that the property tax was defeated this month. Mr. McGuire stated that the question currently before the Council was whether they wanted to amend the Resolution and approve the "floating date." He said that Staff was seeking direction at this time. Councilman Archambault commented that he had performed extensive research on this issue and had talked to many people down at the County Supervisors' Office as well as Jill Kennedy with the County Attorney's Office. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 25 of 30 5/16/2003 He explained that the timeframe appeared to be a "moving target." He referred to a recent conversation he had with Ms. Kennedy and said it appeared the Town had "shot themselves in the foot" by placing restrictions on the County as a result of the December 31st date. He noted that three stipulations were put in place in the original resolution, namely: 1) the December 31st date; 2) the approval of the County at their hearing; and 3) the approval of the County after they counted all of the petitions that group turned in. He noted that it was "whichever came first." He stated that the County had already met the first requirement, so that one was already gone. He explained that inadvertently what they had done was set the County up to require that the petitions be turned in sometime during the early part of November in order for the County to have all of their work completed by December 31st. He said that the Town indicated that on December 31st it would pull its support for the resolution if they weren't that far along. Councilman Archambault stated that he had tried to get Ms. Kennedy to read the minutes of the January 16th meeting in an effort to give her a better understanding of their intentions at that time and noted that they were not looking to place a restriction on the County but rather for the Town to come back and look at how far along the citizen group that they were supporting had gotten. He added that if the Committee was far enough along, the Council obviously wanted to continue to provide them support. He stated that Ms. Kennedy concurred that the Council should probably eliminate all of those particular little items and just support the citizens' group moving forward to form a fire district. He said that he would like to change the resolution and offer the following motion. Councilman Archambault MOVED that the Council remove the December 31st date as well as the other stipulations that went along with the resolution and just keep it as an approval for the citizens' group to move forward to form a fire di8trict. Councilman Archambault added that he had also found out that no one had been able to find a specific deadline for forming fire districts. Councilwoman Nicola SECONDED the motion. Councilman Kavanagh asked what stipulations would be removed as a result of Councilman Archambault's motion and Mr. McGuire indicated Staffs intention to obtain a copy of the original motion and specifically to outlined the various items for the purpose of accuracy and clarification. Councilwoman Nicola asked Mr. McGuire if he was aware of the stipulations that were placed upon the Town at last month's Board of Supervisor's meeting. He responded that the only real stipulation that was outstanding from the Town's perspective was approval of the map and added that approval of the amended impact statement was not something that was going to come back to the Town that soon. Councilwoman Nicola asked Mr. McGuire whether the Council was "fragmenting" the procedure or addressing everything that needed to be addressed so that the Committee could move forward. Mr. McGuire stated the opinion that there were no impediments to moving forward at this time. Councilman Melendez stated that it was his understanding that the motion removed all of the specific timeframes and simply allowed the members of the group to form a fire district. Mr. McGuire concurred that this was correct. Vice Mayor Ralphe stressed the importance of citizen involvement and said that was why she voted in support of the citizens pursuing the formation of a fire district. She pointed out that she did not vote in favor of a fire district, but rather allowing the citizens to be active in the community and to pursue their goals. She commented on the fact that initiatives and referendums were governed by State law and contained specific time deadlines so that citizens would know when an answer relative to an issue would be forthcoming. She stated that she did not favor something that did not have a specific date attached and added that with citizen activism came a responsibility. She also commented on the Council's responsibility to the citizens of the Town relative to funding for fire services. She expressed the opinion that citizens had the right to know whether the Town was going to continue funding, if and when a fire district was formed. Mayor Beydler explained that when he attended the Board of Supervisor's meeting as a representative of the Town, it was made clear that the reason for this was not so much "policy driven" as it was "legally driven" and stated that the County, the State, and the Department of Justice were higher authorities than the Town of Fountain Hills. He added that Don Stapley and the Chairman of the Board of Supervisors asked the Town to EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 26 of 30 5/16/2003 comply with their timeline. He said that they did not want the Town to administratively be a "roadblock" as far as the process goes. Councilman Kavanagh asked if a resolution could be crafted that would provide the Committee the same one- year time frame that the County apparently wanted to grant them. He added that the one-year period would begin at the same time the County "started their clock." Mr. McGuire agreed that this could occur. Councilman Kavanagh MOVED to amend the motion to reflect that the only change enacted by the Council was to coincide the Town's one year period with the County's one year period. Councilman Melendez SECONDED the motion. Mr. McGuire commented that the issue from Staff's perspective had never been tied to the year time frame, but rather was election driven. He noted that a requirement existed that any property tax election must be on the May ballot and therefore the one year timeframe was necessary in the event this took place. He added that tying it to one year from when the County Board of Supervisors said to "go forth and get signatures" did not represent a problem from the resolution's technical perspective. Mayor Beydler indicated support for the amendment as proposed by Councilman Kavanagh. Hu.h�ry, Chairman of the Committee to Save Our Community Mr. Henry addressed the members of the Council and stated that he attended a hearing at the Senate approximately two months ago relative to the circulation of petitions and said that at the time Representative Quinlan from the House came over and talked about a Bill that he wanted to get passed that would change the length of time in which petitions could be signed. He said that he was there with a Councilwoman from Mesa and they had a long discussion. He pointed out that there was already a time limit on the books when looking in the ARS Statutes regarding petitions and reported that the time limit for initiatives by the public was one year. He added that they talked the Representative into withdrawing the Bill and explained that he wanted to cut the time back to eight months. Councilman Archambault indicated support for the amendment to the motion. Councilwoman Stevens stated the opinion that the Council needed to look at the finances and asked whether the property tax would be needed for an extra year. Mr. McGuire commented that under the method for notification of a new district or a new entity or a change in the boundaries of a taxing entity of any kind, the deadline for notification was the end of the year. He added that an extension provision allowed going into February but the need to have an entity to ask for the extension. He said that realistically they were looking at the end of this year as one benchmark and said if the district was not formed by then, that entity would not be collecting taxes in the next fiscal year and the Town would have to. He stated that it was an "end of the year benchmark" each year as you go around and the December deadline was key for the Town if there was going to be a ballot measure. Councilwoman Stevens asked whether a tax measure could be placed on the ballot of a November election. Mr. McGuire responded that property tax measures could only be placed on May election ballots. Councilman Archambault commented that he and Mr. McGuire discussed the fact that if the property tax did not pass this month, they could still run concurrently with the citizens collecting those petitions knowing they were still going to need the property tax next year and an attempt would be made then since an election would be taking place and the Town would not have to spend money to call a Special Election. He said it was his understanding that they could still continue to do that and use the same ballot language. Mr. McGuire agreed that it was possible to proceed in this manner and to run both measures and both processes at the same time. Councilman Kavanagh stated that if the residents rejected the property tax this time around, he could not see placing the issue on the ballot of another election. He said that after all the work that had gone into this issue, all of the layoffs and cutbacks that had occurred, if the citizens still aren't convinced of the critical need for the EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 27 of 30 5/16/2003 tax, then they would just have to live in a Town that was no longer the nice, up -scale community he dreamed of living in that contained great parks and other amenities. He also discussed the Moody's report and say it was a real "eye opener" in terms of what that organization expected from the Town. He noted that they clearly expected a long-term financial plan. He agreed with Councilwoman Ralphe's comment that to collect signatures on an open ended basis just did not work. Councilman Kavanagh stated the opinion that they needed to keep very close track of the progress of the petition drive because if the voters rejected the property tax, then the Town had placed all of the "eggs" in the "fire district basket." He said he did not believe that they would have any problem getting the 50% of the assessed valuation plus 1 but added that he did have real doubts about reaching 50% plus 1 registered voter and 50% plus 1 property owner. He requested that the members of the Committee to Save Our Community provide the Council with monthly counts on those two areas, the total number of registered voters and the total number of property owners. Mr. Henry stated the opinion that the request was a legitimate one and said that he would like the opportunity to talk to the rest of the group about it at their next meeting. He commented on the fact that the summer months were "dead" and so the Council would not get anything from the group to speak of during that time period. He reiterated that he would speak to the other members but stated the opinion that providing the requested information would not be a problem. In response to a request for input from the Mayor, Town Clerk Bev Bender advised that two speakers requested cards were submitted, from Rita Brown, a member of the Committee to Save our Community and Sandy Zinn. She said that Ms. Brown offered to speak if the Council had any questions for her and Ms. Zinn indicated support for the item. Mayor Beydler called for a vote on the amendment to the resolution as presented. MOTION CARRIED UNANIMOUSLY (7 TO 0). Councilman Archambault stated that the Council now had to vote on the main motion to remove the December 3 1 " date and the other restrictions. Councilman Kavanagh noted that the amendment was to undo that and just change the dates to coincide with the County's one-year period. Councilman Archambault said that in this case the Council had just "shot themselves in the foot again and cut off another six weeks." He commented on the fact that the idea was to run concurrent with the County but asked Mr. McGuire to identify what the last item in the resolution was and said it was "whatever came first." Mr. McGuire stated that there was a series of four things, the December 31st date which had now been amended to be one year from the date that Maricopa County Board of Supervisors authorized the Committee to circulate petitions for the formation of a fire district or to the date (if any) that the Board either denied the request or indicated that the petitions were insufficient. Councilman Archambault stated that what happens was the last item "or that the petitions were insufficient" would require them to turn those petitions in at least six weeks before that one year date so therefore you were not complying with the County. He said that was why he had wanted to remove it and because of that, the County was going to tell them that they had to turn in all of their petitions six weeks before the one-year date. He said that this was the information that Jill Kennedy had shared with him. Councilman Archambault said that he was attempting to clarify the issues and that was why he made the motion to begin with. In response to a request for input, Mr. Henry said that he was involved with circulating petitions a couple of years ago to reduce license fees in the State and said that the way he understood it, they had one calendar year and if you started on July 1, you had till July 1 of the following year. He said that after that time they validated the petitions and in this particular case, the group failed to obtain the necessary signatures. Discussion ensued relative to the fact that the proposed resolution contains the wording "whichever comes first" and the possibility that this language could cause a problem if it was not removed. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 28 of 30 5/16/2003 Mr. McGuire commented that if the County Board of Supervisors required six weeks lead time before their hearing and the petitions had to be turned in during that period, that was the County's own process not necessarily the actual petition circulation timeframe. He said that the County's process, because it was long and protracted, was affecting the resolution and said he was having a hard time getting past the concept that the �W signatures would be invalid after a year. Councilman Archambault said that he was told that the Town's resolution was affecting the County's actions because they restricted themselves with the resolution. He added that in doing so, they were also restricting the County and that was why he made a motion to just remove that language. He noted that the County was either going to validate the petitions or they weren't and at the end of the year there were either enough valid signatures or there weren't, so to say "whichever one comes first" cuts the timeframe down. Mr. McGuire stated the opinion that the point was if they were good for one year from the time they were allowed to circulate and they go for that full one year and if the County had its meeting six weeks later, it didn't matter. Additional discussion ensued relative to attempting to "uncomplicate" this issue and Jill Kennedy's interpretation of the resolution. Councilman Melendez requested that the Town Attorney meet with County Attorney Jill Kennedy in an effort to pursue and address this issue. He added that confusion existed and they were talking about different issues. He stressed the importance of getting this issue straightened out and clarified so that they could move ahead. He stated the opinion that both attorneys working together could achieve this goal. Councilwoman Nicola said that it was her understanding that they were asking that the expiration date be extended for one year from the date the County approved the circulation of the petitions. She added that the point Councilman Archambault was attempting to make was that we had that one year but then they had six weeks to get the issue back on their schedule. She asked if this was correct and was advised that it was not. Councilman Kavanagh suggested that the Council vote to pass the motion as presented and that Mr. McGuire be directed to contact County Attorney Jill Kennedy to discuss this matter in depth. He added that if "tweaking" �✓ were needed to prevent this six -week loss, it could be done at the next meeting without disrupting the process. He added that if the "tweaking" must be done before the next meeting, in order to keep the process rolling, a special meeting could be held for that purpose. Mr. McGuire requested that the Council provide him additional leeway and include in the motion language to the effect that if the matter required that the wording be "tweaked" to allow for the gap in the County's process, that Staff be directed to make that change prior to it being executed by the Mayor. He added that he and the Town Clerk could then move forward on this matter. Councilwoman Nicola MOVED and Councilmember Archambault SECONDED the proposed amendment to the motion as outlined above by Town Attorney Andrew McGuire. Councilwoman Nicola requested that all conversations with Jill Kennedy relative to this issue be documented in writing. Mr. McGuire said that he would put together a memo outlining the conclusions that were reached as a result of their conversation for review by the members of the Council. MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #25 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Discussion ensued relative to the extended length of the meeting. AGENDA ITEM #26 - SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. Mr. Pickering said that Staff was going to look at the settlement issue again and noted that a recommendation was received relative to A -Frame signs and monument signs. In addition, County Attorney Jill Kennedy would be contacted as directed. EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 29 of 30 5/16/2003 AGENDA ITEM #27 - CALL TO THE PUBLIC: There were no citizens wishing to speak at this time. AGENDA ITEM #28 - ADJOURNMENT Councilwoman Stevens MOVED that the Council adjourn and Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 11:19 p.m. TOWN OF FOUNTAIN HILLS I2 ATTEST AND PREPARED BY: Bevelyn J. B nder; Town Clerk CERTIFICATION I hereby certify that the foregoing minutes were a true and correct copy of the minutes of the Regular and Executive Session held b the Town Council of Fountain Hills on the 1st day of May 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of May 2003. Bevelyn B nde Town Clerk EABBender\Documents\Current Minutes 2003\Regular 5-01-03.doc Page 30 of 30 5/16/2003 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 5/15/03 Contact Person: Tom Ward Requesting Action:® Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDronriate`Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording Consideration of the liquor license application submitted by Dennis and Lora Van Wynsberghe for Chilmark Grill located at 13014 N. Saguaro Blvd.. The application is for a new Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo; Martinez memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: Dekartm6nt Head.... Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: April 18, 2003 Town Council FR: Tom Ward RE: Chilmark Grill Director of Publi or Liquor License Application I Dennis and Lora Van Wynsberghe are requesting Council approval of a new Class 12 liquor license for Chilmark Grill located at 13014 N. Saguaro Blvd. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents and have no outstanding wants or warrants. The applicants have applied for a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. Chilmark Grill Liquor License Application.doc Page 1 of I ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 400 W Congress #150 800 W Washington Sth Floor - Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520) 628-6595 (602) 542-5141 AFFIDAVIT OF POSTING Date of Posting: 4/17/03 Date of Posting Removal: 5/6/03 Applicant S. Name' Van Wynsberghe Dennis Last First Middle Business 13014 Saguaro Blvd. street License #: 12075482 Fountain Hills AZ 85268 City Zip I hereby certify that pursuant to A.R.S. S 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Print Name of City/County Official Town Clerk Title 480/837-2003 Telephone # 5/15/03 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 Irc0119 03/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION CITY/TOWN OF Fountain Hills STATE APPLICATION NO. 12075482 COUNTY OF Maricopa ARIZONA. CtTWTOWN/00btN NO. 108 ORDER NO At a regular meeting of the Fountain Hills Town Council of the GO/Town/County (Regular or ci) (Governing Body) of Maricopa held on the 15th day of May , 2003 the (Day of Month) (Month) (Year) Application of Dennis S. Van Wynsberghe for a license to sell spirituous liquors at the premises described in Application No. 12075482 License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Dennis S. Van Wynsberghe is hereby recommended for approval (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. i $'/TOWN/GOO CLERK DATED AT Fountain Hills This 15th day of May , 2003 (Day of month) (Month) (Year) * Disabled individuals requiring special accommodations please call the Department lic 1007 08/1997 TOWN OF FOUNTAIN HILLS `%NW MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 04/18/03 FR: Ken Martinez, Interim Town i'\ ''' Marshal RE: Liquor License — Chilmark / Van W nsber he The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the Chilmark Grill, located at 13014 Saguaro. BACKGROUND INVESTIGATION: This application is for an existing Class 12 liquor license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. A previous liquor license was in place for this establishment under the name of Nancy E Rymer. An inspection on 2/8/02 by the Arizona Department of Liquor Licenses & Control showed o violations. This license expired on 3/31/2003. The new license will be for the Lorden's LLC. Chilmark Grill. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. The attached diagram clearly shows that the majority the establishment will be devoted to service of food. In addition, the facility served as a restaurant under a previous owner who qualified for class 12 licenses. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. An inspection showed that there are no churches or public schools in the immediate area. This establishment is consistent with business interests adjacent to the downtown area. The applicants, Dennis and Lora Van Wynsberghe are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants. A search of the Town of Fountain Hills Business License database shows a business license #2864 for Chilmark Grill in the name of Paul Queen. There are no records showing the names of new owners. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, I recommend approval once a current business license has been secured showing the new owners. Kmartinez;KLM;\\earth\KMartine\My DocumentsU_IQUOR\Liquor Approval Memo-chilmark Grill.doc;Created on 4/18/2003 10:28 AM ARIZONA DEPARTMENT OF LIQUOR LICENSES & CUIv r t"�L 8t .. ;r ,'ashington 5th Floor _ 400 W Congress #150 Phoenix AZ 85007-2934 ?= Tucson AZ 85701-1352 (602) 542-5141 (520) 628- 01; APPLICATION FORDA4&R LICENSE TYPE OR PRINTA EL QQ� 1 Notice: Effective Nov. 1, 1997, All Owners, A ents, Partners, � ocl:holders, Officer ! s, or Manaers actively invgh��d�in the day to day operations of the business must attend a Department approved liquor law training course or proN ide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: INTERIM PERMIT Complete Section 5 NEW LICENSE Complete Sections,, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, I5, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, I5, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, I5, 16, 17 SECTION 3 Type of license and fees: SECTION 2 Type of ownership: AS}- ❑ J.T.W.R.O.S. Complete Section 6 oOW h ❑ INDIVIDUAL Complete Section 6 7-C s5--is-0 3 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain LICENSE #: 1. Type of License: 4 11� 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERIIIIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A serNice fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent's Name: Ms V (Insert one tame ONLY to appear on license) Last First Middle 2. Corp. /Partnership/L. L. C.: � , ]� Lo lb � � �Q o`Z %,se (Exactly as It appears on Articles of Inc. or Articles of Org.) Business Name: Business Addres, /� Business Phone: ( ) �1(j'' �j, o Residence Phone: (4bo) 9145- 50 150 P Is the business located within the incorporated limits��of;jthe above city or to�+vrn? X,gYEV ❑NO Mailing Address: A� t,- &0 I�•d� CAVC l•{� 4 A7- Cln' state Zip Enter the amount paid for a 06, 07, or 09 license: S (Price of License ONL1� Accepted b): Fees: Application Interim Permit DEPARTMEM J\7 USE ONLY Date: Agent Change Club Lic. 1r f Q-0-75' / �02 41 F. Prints TOTAL nv�raiL;v�, Ai'YUL-A 1IVIV,,, 7A}V;� AJTKU).U,1.A"rLL1 YU DAYS, AM-) UIKCUAISIANUES OF[EN RFSUL'r 11� A LONGER w:UIING 1'EIUOU. YOU ARE CAi-moNEI) kr;zmu)iNG rl_hNs FOR A GRAND OVE•N1NG, E7'C., IiEFOKE FINAL .MTROVAL ANIJ ISSUANCE OF ME LICENSE. L1C 01001112000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. CTION S Interim Permit:, If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. Fhere MUST be a valid license of the same type you are applying for currently issued to the location. Enter the license number currently at the location. Is the license currently in use? YES ❑ NO If no, how long has it been out of use? TACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. declare that.I am the CURRENT LICENSEE of the stated license and 'frill name) ttion 1 have read this application and the contents and all statements are true, correct and complete. State of County of The foregoing instrument.was acknowledgeZ�%efore me this (Signature)' day of CD Day of Month Month (� y. CD commission expires on: .y n (Signature of NOTARY PUBLIC) CTION 6 Individual or Partnership Owners: ;H PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Individual: First Middle % Otimed Residence Address City State Zin 'artnership Name: (Only the first.partner listed will appear on license) :rat -Limited Last First . ,Middle °% Owned Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) s any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO WP.-1-2003 09:59P FRON:k)PN WYh-1=BEPtaH' 480575SO58 TO:8369441 P:2f2 i` TION S Litrrirn Perrnit: you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. erc NIUSI' be a valid licemr, of the sane type you area pa�pplyy�ing for currently issued to the location, ter the license number currently at the location. IIW-44144 the license currently in Ilse? YES ❑ NO If no, how long has it been out of user .C�Hj �THE LICENSE CLU�RENTLY ISSCJZD AT 11iE LOCATION TO THIS APPLICAnON. declare that I am the CURRENT LICENSEE of the stated license and (I71rd rub n=c )a. l have read !his ap location the contents and all statements are true, cor-ect and complete. State of r ^2(IY'I _County OrArIA'/��/l�i The foiegeing instrument was aclmowledged befoie �e this ISig 2ttre)" day of GtvGL ► (% OFFICIAL EAt f Month Mon WN;Harry -6igt trunissionexpireson: iublic •• StajgL RICOPA COUNTYssion) x res March 9, 2006 CD' O "ION, 6 Individual or Partnership Oiimers: L,,ERSGN L=1,D vtUST SuzNU7 A COMPLETE.[) FORM "LIC0101", AN "APPLICANT" TITZ FLNGEURD"T CARD, AND S24 FEE FOR EACH CARD. ividu:al: • lAidac % Own:d Residewe Address 1ersltip NIELne. (Ohl)• the fist jz mer listed Hill ap?ear on license) -Wl ted Last rsst _ M;'4r11- _ ^L O-i R- iA -. AAA--. G JT Lj (AI iA(-hA.i)UJ:)UNA.L JjM-.tl 1F NECESS.IRI7 - per�ort. oGJct titan the above, going to share in the profJts/loss:s of the business? ❑ YES 0 NO SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBNUT A COMPLETED FORM "LIC0101", AN "APPLICANT" T2TE 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 copy of Articles of Org. and Operation Agreement, 1. Name of Corporation/.L.L.C.: UUM 6 L/IV-W .(Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: j Si State where lncorporated/Organized: 3. AZ Corporation Commission File No.: _�—INA43`3 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 NO If yes, give IRS tax exempt number: ti r 21 bbq 3q- 6. List all directors/officers in Corporation/L.L.C.: Last First 1..f;AA1. - s tA11Al,ri ALL111UNAL Jribbl 11- NbLLSSARi7 7. List stockholders or controlling members owning 10 % or more: Last Firit Viririt. bu,;,4-- - A. A---- '� tA11Al-tl ALU111U1VAL Jr=I Lt' NbLbJJAR Y) :3j_ 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure fir theazent entity. Attach additional sheets as necessary in order to disclose real people. F SECTION 8 Club Applicants: O EACH PERSON LISTED MUST SUBMTT A COMPLETED FORM "L1C0101", AN "APPLICANT" TYPE FINGERPR N'T CARD, AND E4 FEE FOR EACH CARD. Name of Club (Exactly as it appears on Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last pi-f /..f ;.i.it. T;,I. Date Chartered: I,-, j 1 .9l_f'1 paJUl11U1-3f1LC 1 lr" r: L.'.,LJJY,Y. r) J (Anacb a copy of Club Charter) tA11Al-tl ALU111U1VAL Jr=I Lt' NbLbJJAR Y) :3j_ 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure fir theazent entity. Attach additional sheets as necessary in order to disclose real people. F SECTION 8 Club Applicants: O EACH PERSON LISTED MUST SUBMTT A COMPLETED FORM "L1C0101", AN "APPLICANT" TYPE FINGERPR N'T CARD, AND E4 FEE FOR EACH CARD. Name of Club (Exactly as it appears on Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last pi-f /..f ;.i.it. T;,I. Date Chartered: I,-, j 1 .9l_f'1 paJUl11U1-3f1LC 1 lr" r: L.'.,LJJY,Y. r) J (Anacb a copy of Club Charter) ,CTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: Current Licensee's Name: ictly as it appears on license) Last First Middle Assignee's Name: Last First Middle License Type: License Number: Date of,Last Renewal: ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. ,CTION 10 Government: (for cities, towns,. or counties only) Person to administer this license: Last Assignee's Name First Middle Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH"PREABSES FROM WHICH SPIRITUOUS LIQUOR IS SERVED CTION 11 Person to Person Transfer: 1 estions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). Current Licensee's Name: ctly as it appears on license) Corporation/L.L.C. Name: Current Business Name Current Business Address License Type: Last (Exactly as it appears on license) (Exactly as it appears on license) License Number: :urrent Mailing Address (other than business): First Entity: (Indiv., Agent, etc.; 0 w 1 Zr Last Renewal Date: Piave all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, ind current license to this application. [ hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements nade in this section are true, correct and complete. declare that I am the CURRENT LICENSEE of the stated license I have read this (Print full name) ication and the contents and all statements are true, correct and complete. (SiPature of CURKEN7 LICENSEE) 'Ornmission expires on: State of Count`, of m The foreeoine instrument was aclmowledced before me this day of Day of Month Month Year (Sipmature of NOTARY PUBLIC) N SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE, li rrent Business Name and Address: acdy as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 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: (Regardless of distance) Distance to nearest church: )1 (Regardless of distance) Last Renewal Date: 'What date do you plan to open? Name/Address of school: 4 LL6 S 1 � V Name/Address of church:yN 3. : the: LESSEE ❑ SUBLESSEE ❑ OVdNER 4. If the premises is leased give lessors name and address: _ W19tAUA%Drs � 4pj ❑ PURCHASER (of premises) 1l W o r-- 4a. Monthly rentalilease rate $ �1 Z �� What. is the remaining length? of the lease. — I P mos. 4b. What is the penalty if the lease is not fulfilled? $ other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? Does any one creditor represent more than 10 % of that sum? X YES ❑ NO if yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address City State Zip • S Ga AT ADDITIONAL SHEET IF NECESSARY) 6. R'hat type of business will this license be used for? (BE SPECIMC) (��lOf 7 . Has a )i^ nse, or a transfer license for the premises on this application been denied by the state within the past one (1) year? n YESNO 1f yes, attach explanation. S. s any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES kNO 9. Is the premises currently licensed with a liquor license? 1'E5 ❑ NO If yes, Qive license number d li —1 1' censee's name: Ltct!me = �ZV�'4�(Exactly it appears on license) Name �� �• � c J CTION 14 Restaurant, or Hotel -Motel Applicants: Is ere a valid restaurant or hotel -motel liquor license at the proposed location? X YES ❑ NO If yes, give licensee's name: �AN and license #: 1- 4 04 Last First Middle If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section.5 of this application. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. Do you understand that 40% of your annual gross revenue must be from food sales? ►YES ❑ NO CTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) heck ALL boxes that apply to your licensed premises: Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows Under construction: estimated completion date Zestaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. I'he diagram below is the on]y area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or QDred. 7jive the square footage or outside dimensions of the licensed premises. )0 NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. KAW 1 1f :! c:Y1j U I\1UST NOTIFY THE D)�PA.RThIENT OF LIQUOR OF ANY CHANGES OF• BOT,rND.kR ES, FR_ANCES. EXITS, OR SERVICE M NDOtiA'S MADE AYrER SUBMISSION OF THIS DIAGRAI\1. SECTION 16 Geographical Data: A SAMPLE FOR THIS. SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'L,st below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 2. N 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identif} Bross streets. v _ -o SECTION 17 Signature Block: CD r CD�,�,,�` 0 I, r� . declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name ofAPPLICAN /AGENT lisle in1Section 4 Question]) 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 convicted of a felony in the past five (5) years. State of ftCi 7-)n I Countyof (Y)(t/lCo e6' X going instrument was acknowledged before me this (Sigiature OFFICIAL SEAL CINDY CAMPBELL NOTARY PUBLIC-ARIZONA day of Q l A9ARiCOPA COUN?Y�Da ` y f Month Month Year My Comm. X V ADC illy My commission expires on: C a 1- Z O-3 (Si Cure tIWT—KR Y PUBLIC) A 7 SAMPLE GEOGRAPHICAL DATA the area adjacent to the map provided below.indicates your proposed location .d the exact names of all churches, schools, and alcoholic beverage outlets thin a 1/2 mile radius of your.proposed location. -ee.example below) Applicant Series 12 Pink Elephants Series 06 Mama's Rest. Series 12 Corner Liquors Series..09 Joe's Groceries Series 10 :t Lions Club Series'14 Burgers R Us Series 07 Pizza Perfect Series 07 Billy Bobs Bar Series -0:6 St. Anthonys Church St. Anthonys School Burbank Middle School Mi. First United Baptist Church R.S..Section 4-207.A reads as follows: � Mi. No retailers license shall be issued for any premises which .are. at the time e license application is received by .the Director, within three hundred(300) rizontal feet of a church, within three hundred(300) horizontal feet of'a blic or private school building with kindergarten programs or any of ades one(1..) through twelve(12).. or within three hundred(300) horizontal et of a fenced recreational area adjacent to such school building. r1 u ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 x J (520) 628-6595 RESTAURANT OPERATION PLAN w LICENSE # 1. List by Make. Model and Canacity of vnnr Grill Oven VUACW i Ui�;M� � wtw Freezer Refrigerator r2:3nt- Veit) Sink Dish Washing Facilities 'tau I Food Preparation Counter (Dimensions) 12�►�l���c Other 2. Print the name of your restaurant: 1011A& 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises b. Bar area of your premises [ + S ] C. Total area of your premises 5. What of dinnerware and utensils are utilized within your restaurant? type T Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaur t seating - ? (If yes, what percentage of the public floor space does this area cover). Yes � % ❑ No 7. What percentage of your public premises is used primarily for restaurant dining?, (Does not include kitchen, bar, cocktail tables or game area.) to *Disabled individuals requiring special accommodations, please call the Department. Lic0l 14 0511999 8. Does your restaurant Contain any games or television? ❑ Yes No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) 0 10 Do you have live entertainment or dancing? ❑ Yes No (If yes, what type and how often?) Use space below or attach a list of employee positions and their duties to fully staff your business. o r fit Vy i/i�iJ�.{� , hereby declare that I am the APPLICANT't3iing this application. I have (Print full name) ca read theis application and the contents and all statements true, correct and complete. X/j I i sM'-XL� (Signature of APPLICANT) My commission expires on:: y ' 0 7- Z66 3 CD State of (i zo aCL County of (y) Pry-; Capes The foregoing instrument was acknowledged before me this . I_ day of A- 4 � boa . Day of Month Month Year (Si a NOTARY PUBLIC) oFFIc` � L iIEAL C10V �3::::':�BELL F0TARY ; '.:l.;:a-ARIZONA IIIMGG7.. r f iy -t7UNTY Apc 27, 2003 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 1, 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. ', A.R.S. 205.02.G. For the purpose of this section: N L 1. "Restaurant" means an establishment which derives at least forty per ent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and airitu Zs liquor on the licensed premises, regardless of whether the sales of spirituous liquor ainnade under a restaurant license issued pursuant to this section or under any othercense that has been issued for the premises pursuant to this article. I, (Arint Licensee/Agent's Name): Lw ti►lt��A,i* pmuls Last First Middle have read and fully understand all aspects of this statement. State of AYE ZO6 6 County of !I /] r/ GQ 2! t The foregoing instrument was acknowledged before me this (Signature of Liceng6e/Age My commission Expires on: ; % HQ(l 2ua 3 Day of Month Month Year 'L 2063 `�'�4 ,Uth Month Year sc " ',MIZQHA • r - •:7, 2003 ( ign e6of NOTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washingtiry ton 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read Carefully ,this inst urrient is a swore document. Type gr print with black ink An e.Ctensive mye.5tt tlon o your �iaG roundPwill be conducted. False or taco plete answers, could result to cruri n?prosecution and tWie enial or subsequent revocation of a liocerise 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 EPART)t NT OF THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. �n ^ OR. There is a $24.00 processing fee for each fingerprint card submitted Liquor License # d-V A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) E 161 � 3 q 70 ( If the location iscurrently licensed) 1. Check L&Owrier ❑Partner ❑Stockholder []Member❑Otiicer ❑ Agt appropriate Other (Complete Questions 1-20 & 24) box-10- Licensee or Ayent must complete l# 25 for a Manager 2. Name ❑ Manager(Ordy) 1plete All Questions e_rcept I# 14, 14a & 25) Licensee or Aaent mast rmmnl&4a @ IC AA- I`I Date of Birth: 10 1011 IV I Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: ���� �' -�t-� -` Drivers License #: �� ,2jState: 6jt jN,\6 (This Will Not Become a Part of Public Records) 4 . Place of Birth: Lj(` g, `[7�1L1�� ICJ � Height: ` Weight: Eyes: '&�L Hair: WL City r State Country (not county) 5. Marital Status ❑ Single'XMarried ❑ Divorced ❑ Widowed Residence (Home) Phone: (4ao s;u 16 N' j�, a L5. Name of Current or Most Recent Spouse: VW4V& '64E5 �F jl�lu, o j to of Birth: r (List all for last 5 years - Use additional sheet if necessary) Last First Middle a4tai�ee ..b 7. You are a bona fide resident of what state? aL ha'1 If Arizona, date of residen-,, CD _ 8 Telephone number to contact you during business hours for any questions regarding this document.) StO} 573 1 �5e6 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration cab, 10. Name of Licensed Premises: uI a , &jCAK� (I Q 1 Premises Phone: 11. Licensed Premises Address: I �� i l �✓ 1� r i� 3�y D —P", l�j-H 01.11 Crl(ilm)h jJz '6 Street Addre s o not use PO Box l) City County Zip 12. List your employment or type of business during the oast five (5) years_ if unemployed part of the time list rhnsn �i tr t ate* �. e . , .. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS ..SL. ENIPLOYER'S NAME OR NAiyID OF BUSINESS (Give street address, city, state & zip) CURRENT tn �`z�, 9�535 "I� } jyV n t t:: i `IS ti"t�yjx� 2 tLj ATTACH ADDITIONAL S SARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) vears- FROM Month/Year TO Month/YearOwn Rent or RESIDENCE Street Address If rented, attach additional sheet giving, name, address and phone number of landlord C icy State Zio ZJoj CURRENT U r l �U�k� 12`�1 1 C� � l �(l ` �53� 1��� tY �2�0 �b01 � '► .�- �l*x p7, �Sb LTTM� -7 Luaureu inuivruuau requuwp special accommoaatloas please call 1602) S42-MT) if you checked the t�lana er 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 YES ONO 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 Course within the last 5 years? (Must provide proof) ❑ YES �NO If the answer t6 f# 14a is "NO", course must be completed before issuance of a new License or approval on an existing licen`se0 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES (1� ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dneiZ related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence '91 YES ❑ NO suspended placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑YES, NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES NO 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 iudement against you in a civil action, the subject of which ❑ YES VINO fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES 4NO If any answer to 2uestions 15 through 20 is "YES" YOUMUST attach a si;ned statemen iving complete details. Please be sure to inchtde dates, a.aencies 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 bo:i�21-2�Qnd go to if 24 Manager Section n 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES C 0 If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAAn an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Tota5ebt 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,i��i l� Cj 1'� G )1�. j '�;�"� , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Apptic t) I have read this questionnaire and the contents and all statements are true, correct and complete. X of My commission expires on: L/ — a Day of Month Month Year State of P-Y i Z,�D (ACt County of _ (17CCY f CUPe` F Oing instrument.was acknowledged before me this A thday of p2+ ( Mouth Mauch Year of NOTARY FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Mana er 25. I, Print Licensee/Agent's Name) Last. Middle Hereby authorize the applicant to act as manager for the named liquor license. X (Signature of LICENSEE/AGEN,M My commission expires on: Day of Month Month Year First State of County of The foregoing instrument was acknowledged before me s day of Day of Month .Month Yam, (Signature of NOTARY PUBLIC) �� Ivy i t ' �I PST I✓ V �? rywlr� to Dlb (ti1 ir�� S � s Z 1 r 2U ��� Z� / , ?, e�5i 4-y 'DG� — 0 W 0 w 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 QUESTIONNAIRE (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read Car�fulLy , thhis inst ur�ent is a swotp document. Type qr print with black ink An eetensiye myeSti e tton of yqur �a karot!ndryIll be conducted. False or taco p ete answers, could result m crimin- prosecution an� t$e denial or subsequent revocation of a lcense or perrrut. TO BE COMPLETED BY EACH OWNER. AGENT, PARTNER, STOCKHOLDER (107. OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT- TYPE FEIGERPRINT 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 " �TMENT OFY E?U�. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. / lS There is a $24.00 processinF, fee for each tinperprint card submitted Liquor License # 9' A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 4-4.6852) I /� ��j r�/'/ (If the location is currently licensed) 1. Check U appropriate box—)O- 2. Name: t/d Last caner ❑Partner []Stockholder ❑Nlember ❑Otiicer ❑ Agent ❑ Nlanager(Only) Other (Complete Questions 1-20 & 24) Complete All Questions ercepl # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manaeer Licensee or Agent must complete # 25 irst TI 17/7 Middle Date of Birth: -5 ('Phis Will Not Become a Part of Public Records) 3 . Social Security Number: 1�'J 11— 06 50ZC E Drivers License #: State: Az (This Will Not Become a Part of He Records) U;n / 4. Place of Birth:.�fiGCFb uf�y�I I 5711 Height: S Weight: Eyes:6 (Hai r:4// pr It�LC City State Countr-y (not County) o 5. Marital Status ❑Single XMarried ❑Divorced ❑Widowed Reside n e (Home) Phone: p 60) S 1 S 5. Name of Current or Most Recent Spouse: ote ofM-th: (List all for, last 5 years - Use additional sheet if necessary) Llst First Middle Maiden 7. You area bona fide resident of what state? If Arizona, date of residetfcy: % q C, d co 8 Telephone number to contact you during business hours for any questions regarding this document. (fp 6 Z) -1,-3Q - Z,2i6 3 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: CGi i l Warr- An4V l jT ajfi r-1 ! I Premises Phone: (Lfeo) 11. Licensed Premises Address- " /, 0U 5� 5d-& &-Q elVd Ff %'I 1-! *11 S Street Address (Do not use Pt Box #) City County Zip 12. List your employment or type of b:sinc ss durum the oast five (5) vents. if uneinoloved oa L of the tune licr thrse H t— T i..I FROM Month/Year TO Mouth/Year DESCRIBE POSITION OR BUSINESS - - - -• - EMPLOYER'S NA YLE OR NAME OF BUSINESS V,Y , ? if':"? city, state & zip) .(.Give street address, 3I 1 CURRENT ,.�f�, j np���lit 1 (iCi �yj �r• ± eV1fC , � f rl -DP-5 Lr D S SCvt Z S ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Mouth/Year Rent or Own RESIDENCE Street Address rented, attach additional sheet address and hone number of landlord Citv State Zip t Ea I C URRE�IN,T /name, �U %/giving v '1 � (ZJ , i ` W �C C / �f t QL (JZ x 3 ,/ / L`�`F ZvV 60 V x 97 ?6-Z t , uuZuLcu wwviuuuu t cyu.lrme -')P"! u UkwUUU1W0 1Lions please C:lll tUUG) )4Y.-W/L If 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 YES NO 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 Course within the last 5 years? (Must provide proof) ❑ 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 court for violation of ANY law or ❑ YESi'!� ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru- related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES XNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES )<NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES �NO 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 fled suit or obtained a judgment against you in a civil action, the subject of which ❑ YES 0 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 axe other Ii uor license in this or any other state? ❑ YES XNO If any answer to QYyestions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.. 1 e 1, Q Please be sure to include dates, a,-encies involved and dispositions. 21. .J If you eked taManager box on the front of this form, till in #21-23 and 24, all others skip the following box (21-23) and go to a 24 C:3 Manager Section Have you attendedgDepartment approved Liquor Law Training Course within the last 5 years? (Must provide proof) DYES 40 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, L,GI4'6t kin V Vl/ IJ�, ���- hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of App cant) this questionnaire and the contents and all statements are true, correct and complete. / State of c' vnCounty of ,` Q\"'NCN( The foregoing instrument.was acknowledged before me this of p�� MATTHEW PHILIP PASQUINELLI NOTARY PUBLIC ARIZONA � day of �P (-AoD? MARICOPA l:?pUW,1;Y Day of Mmth J Month Year r ,,jrrA My Commis My commission expires on: l January Day of MontF--A4opoh.--Yeet FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A NIANAGER APPLICATION Licensee or Agent Approval of Manager 25.. I, (Print Licensee/Agent's 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 s M (Signature of LICENSEE/AGENT) day of Day of Month .Month My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) Yor OPERATING AGREEMENT OF LORDENS, LLC. 0 This Operating Agreement ismade and entered into the 6tn day of March, 2003 by LORDENS, LLC (" Company' ), _ CD o ARTICLE 1 > C7 Formation o 1.1 Formation. The parties to this Agreement have 5ormed the Company pursuant to the Arizona Limited Liability Company Act (the "Act") in accordance with the terms and conditions of this Agreement, effective upon the filing of Articles of Organization (the "Effective Date"). As required by law, the parties shall promptly execute all amendments to the Articles of Organization and all other documents that are needed to accomplish all filing, recording, publishingand an other acts necessary or Y Y appropriate of the Company under the Act. 1.2 Intent. It is the intent of the Members that the Company be operatedin a manner consistent with its treatment as a "partnership„ for a Federal and State Income Tax purposes. It is also the intent .of the Members that the Company not be operated or treated as a "partnership" for purposes of Section 303 of the Federal Bankruptcy Code. No Members shall take any action inconsistent with the express intent of the parties hereto as set forth herein. ARTICLE 2 General Provisions 2.1 Name. The name of the Company shall be LORDENS, LLC. or such other name as the Members from time to time shall select. 2.2 Principal Office and Place of Business. The principal office and place of business of the Company shall be located at 5447 East Ron Rico Road, Cave Creek, Arizona 85331, (Principal Office"), or such other place in Arizona as the Members from time 1 to time shall determine. 2.3 Company Purposes. The Company shall be formed for the purposes of restaurant operation and carrying on any business or activities relating thereto or arising therefrom. The Company may engage in other business of acquire other assets only upon the vote of the Members. 2.4 Term. The term of the Company shall commence on the filing of the Articles or Organization and shall continue until dissolved in accordance with Section 9.1 of this Agreement. 2.5 Agent for Service of Progress. The Agent for Service of Process for the Company shall be Dennis S. Van Wynsberghe or such other person as the Members shall appoint from time to time. ARTICLE 3 Capital Contributions/Loans 3.1 Initial Capital Contributions by the Members. Each person admitted to the Company as a Members shall be required to make Capital Contributions in the amount of five hundred dollars ($500.00) . 3.2 Additional Capital Contributions. Additional Capital Contributions shall be required in the discretion of the Members. All additional Capital Contributions shall be made pro rata in accordance with the Member's Participating Percentages. 3.3 Manager and Member Loans. If funds are needed by the Company, the Manager and/or Members may make loans to the Company in such amount as the Manager reasonably determines is needed by the Company. All Members and Manager loans shall be evidenced by a promissory note executed by the Manager on behalf of the Company and shall contain such terms and conditions as are commercially reasonable or as may be agreed to by the Members. w -o O o r r- D n 0 N 2 ARTICLE 4 Capital, Profits and Losses and Distribution 4.1 Capital and Income Accounts. On the books of the Company, each Member shall establish a capital and income account which shall be adjusted from time to time to reflect the Capital Contributions made by the Members, any distributions made from time to time to the Members, and the profits of losses of the Company attributable to each Member. If there is no balance in an individual income account, net losses shall be debited to the corresponding capital account. If the capital account of any Members shall have been depleted, in whole or in part, by the debiting of such losses, subsequent profits shall be credited to such member's capital account until such depletion shall have been eliminated and sell thereafter be credited to their income account. 4.2 Gains, Profits and Losses. All gains, profits, losses, deductions and credits of the Company shall be divided and shall be borne by each of the Members in the percentages set forth in Exhibit "A" attached hereto (Participating Percentage"). 4.3 Distribution of Profits. Distributions of Company profits, gains, income and funds in excess of those reasonably required to conduct the business of the Company ("Distributions"), if any, shall be made to the Members each quarter in proportion to the Member's Participating Percentages. The amount of the Distributions shall be determined by the unanimous consent of such Members. 4.4 Withdrawal of Capital Contributions. No members shall have any right to return or withdrawal of his initial Capital Contribution nor any subsequent Capital Contribution until the termination of the Company unless such withdrawal is approved by the Members. ti a w r' o r- c-) 0 3 ry ARTICLE 5 Management 5.1 Manager Managed. The Members agree that the management of the Company shall be vested in one Manager, and the Members appoint Dennis S. Van Wynsberghe Manager of the Compa ny. the foregoing and subject to the Members co se totrequiredby ding sections 5.2 and 5.3 hereof, the Manager shall have full, exclusive and complete power to manage and control the business and day to day affairs of the Company including the power to execute instruments and documents, the right to hire, fire and to determine the amount of compensation of employees and to take any other actions on behalf of the Company. Except as otherwise expressly provided in this Agreement, all decisions, consents, approvals and actions made by the Manager shall be binding upon The Company. 5.2 Action Requiring All Members, .anything to the contrary in Section5.l hereof, e no Notwithstanding Manager shall have the authority, right, power, or privilege to do or undertake any of the following acts without the consent of all Members: 5.2.1 Sell convey, assign, transfer g ,f otherwise dispose of any operating assets of the Company; e=ept in the normal course of business. CD 1 5.2.2 Incur any mortgage or other indebtedn s• 5.2.3 Admit a person as a new Member; 5.2.4 Make loans on behalf of the Com CD Company to Ply or cause a guaranty the obligations of others; N 5.2.5 Amend this Agreement; 5,.2.6 Enter into any agreement with a Members or an Affiliate (as herein defined) of any Members except as provided in Section 6.3 hereof; 5.2.7 Incur any obligation of indebtedness of the Company which requires the personal guaranty of the Members or any Affiliate of the Members; 5.2.8 Assign, transfer, Pledge, compromise or release any claim of the Company except for full payment thereof; 12 5.2.9 Take any action which this Agreement specifically requires to be agreed upon by the Members. 5.3 Reliance By Third Parties. A third party shall be entitled to rely on all action of the Manager and shall be entitled to deal with the Manager as if they were the sole party interested therein, both legally and beneficially. Every instrument purporting to be the action of the Company and executed by the Manager shall be conclusive evidence in favor of any person relying thereon or claiming thereunder that, at the time of delivery thereof, this Agreement was in full force and effect and that the execution and delivery of that instrument was duly authorized by such Manager and the Company. 5.4 Banking Resolutions. The Members are authorized to open all banking accounts as they deem necessary and to enter into any deposit agreements as required by the financial institution at which such accounts are opened. The Members further agree to such banking accounts. ti 0 5.5 g w Filin of Documents. The Manager shall filit or cause to be filed all certificates of documents as may be._.n appropriate for the formation continuation ecsary or 0 ' qualificion and operation of a limited liability company in the Sta e of Arizona, and any other state or jurisdiction in which the Com�Any may elect to do business. To the extent that it is determined to^'be necessary or appropriate, the Manager shall do those things and take those actions to maintain the Company as a Limited Liability Company under the laws of the State of Arizona and any other state or jurisdiction in which the Company may elect to do business. 5.6 Liability of the Managers. The Manager shall not be personally liable for failure of the Company to make distributions as set forth in this Agreement and shall not be liable, responsible, accountable in damages or otherwise to the Company or the Members for any act or omission performed or omitted by such Managers in connection with the Company or its business. Notwithstanding the foregoing, the Manager shall in all instances 5 remain liable for acts or omissions in breach of this Agreement or which constitute fraud, gross negligence, willful misconduct, breach of fiduciary duty. If the Manager acts or refrains from acting in reliance on the advice of counsel, he shall be deemed conclusively to have had a good faith belief with respect to such inaction or action. The Manager shall not be required, however to procure the advice of counsel to be entitled to benefit Section. of this 5.7 Compensation of Manager. 5.7.1 General. In consideration for serving as Manager of the Company, the Company shall pay the Manager a salary to be set each year. ARTICLE 6 Books, Records, Reports and Accounting 6.1 Records. The Manager shall keep or cause to be kept at the Principal Office of the Company or at the off,Se of the Company's Bookkeeper the following: (a) a current list 44ff the full name and last known business, residence or mailing address Pzeach Member; (b) a copy of the initial Articles of Organizat�pn d all amendments thereto; (c) copies of all written operating,agrg?ments and all amendments to the agreements, includingan operating agreements no longer in effect; ( y Pr�r written Company's federal, state and local income tax returns and repo the if any, for the three most recent P rts, s financial statements of the Company forthethree p any prepared most ent years; and (f) minutes of every meeting of Members as well asanywritten consents of Members or actions taken by Members without a meeting. Any such records maintained by the Company may be kept on or be in the form of any information storage device, provided that the records so kept are convertible to legible written form within a reasonable period of time. 6.2 Fiscal Year and Accounting. The Fiscal Year of the Company shall be the calendar year. All decisions as to other 0 accounting matters, except as specifically provided to the contrary �w herein, shall be made by the Members. 6.3 Preparation of Tax Returns. The Manager shall arrange for the preparation and timely filing of all returns of the Company for Federal and State Income Tax information reasonably required for Federal and State Income Tax reporting purposes. The classification, realization and recognition of income, gain, losses and deductions and other items, for Federal Income Tax purposes, shall be on that method of accounting as the Members shall determine. ARTICLE 7 Liquidation and Winding Up o w 7.1 Dissolution. The Company shall dissolve only u n:� 7.1.1 June 30, 2050; `-- © e-- 7.1.2 the Vote of the Members; n 7.1.3 the occurrence of any event whichZ5makes it unlawful for the business of the Company to be carried --=**on or for the Members to carry on that business in the Company. 7.2 Filing Upon Dissolution. As soon as Possible following the dissolution of the Company, the Manager of the Company shall execute and file a Notice of Winding Up with the Arizona Corporation Commission or such other agency as required by the Act. Upon the dissolution of the Company, the Company shall cease to carry on its business, except insofar as may be necessary for the winding up of its business, but its separate existence shall continue until the Articles of Termination have been filed with the Arizona Corporation Commission or such other agency as required by the Act or until a decree dissolving the Company has been entered by a court of competent jurisdiction. f] ARTICLE 8 Miscellaneous 8.1 Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of Arizona. All successors in interest, and affiliated or controlled persons or entities to that of the Members named herein hereby consent to jurisdiction under the laws of the State of Arizona. Such persons or entities hereby consent to service of process under. Rule 4 (e) (2) of the Arizona Rules of Civil Procedure. o 8.2 Pronouns and Plurals. All pronouns and anE va6ations thereof are deemed to refer to the masculine, femin�e, r7euter, singular or plural as the identity of the appropriate ersas may require. co 8.3 No Third Party Rights. This Agreement is tended to create enforceable rights between the parties hereto only, and creates no rights in, or obligations to, any other person whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. Dennis S. Van Wynsberghe LORDENS, LLC. ennis S. Van Wynsberghe, Managing Member E:3 Lora A. Van Wynsberghe Lora A. Van Wynsberg e, Membe Exhibit A LORDENS, LLC. Participating Percentage March 6, 2003 Members and Addresses Dennnis S. Van Wynsberghe 5447 East Ron Rico Road Cave Creek, Arizona 85331 Lora A. Van Wynsberghe 5447 East Ron Rico Road Cave Creek, Arizona 85331 Initial Capital Participating Contribution Percentaae J $500.00 500 $500.00 500 COMMISSIONERS MARC SPITZER - Chairman JIM IRVIN WILLIAM A MUNDELL JEFF HATCH -MILLER MIKE GLEASON March 8, 2003 ARIZONA CORPORATION COMMISSION DENNIS S VAN WYNSBERGHE 5447 E RON RICO ROAD CAVE CREEK, AZ 85331 RE: LORDENS, LLC File Number: L-1068043-3 We are pleased to notify you that your Articles of filed on March 6, 2003. BRIAN C. MCNEIL Executive Secretary JOANNE C. MACDONNELL Director, Corporations Division I— C 0 W a � Organization were You must publish a notice of the filing of your Articles Qi Organization OR alternatively, you may publish the Articles of organization in their entirety. The publication must be in a newspaper of genei'�l circulation in the county of the known place of business, in Arizona as filed with the Commission, for three (3) consecutive publications. For your convenience we have provided a Notice of Publication form. Please complete this form, in its entirety, and submit to the newspaper of your choice. An affidavit from the newspaper, evidencing such publication, must be delivered to the Commission for filing WITHIN NINETY (90) DAYS from the date of this letter. The Commission strongly recommends that you periodically check Commis- sion records regarding the corporation. The Commission web site www.cc.state.az.us/corp contains information specific to each Limited Liability Company of record and is a good general source of information. If you have any questions or need further information, please contact us at (602) 542-3135 in Phoenix, (520) 628-6560 in Tucson, or Toll Free (Arizona residents only) at 1-800-345-5819. Sincerely, TANYA THOMAS Examiner Corporations Division LL:13 Rev: 01/2003 1300 WEST WASHINGTON, PHOENIX, ARIZONA 85007-29291400 WEST CONGRESS STREET, TUCSON, ARIZONA 85701-1347 w .cc.etate-ez.ue - 802-542-3135 AZ. CORP. COMMISSION FILED MAR 0 6 2003 STATE OF ARIZONA / OFFICE OF THE TERM CORPORATION COMMISSION DATE- �`1 ( ���'T ARTICLES OF ORGANIZATION ` lvD Pursuant to A.R.S. 29-632 the undersigned states as follows: 1. The name of the limited liability company is; LORDENS, LLC. 2. The address of the registered office in Arizona is; 5447 East Ron Rico Road Cave Creek, Arizona 85331 and is located in the County of Maricopa, Arizona. o 3. The name and address of the statutory agent is: Dennis S. Van Wynsberghe CD 5447East Ran Rico Road Cave Creek, Arizona 85331 0 4. The latest date, if any, on which the limited liability must dissolve is: company June 1, 2050 5. Management of the limited liability company is reserved to the members. The names and addresses of each person who is a member are: Dennis S. Van Wynsberghe 5447 East Ron Rico Road Cave Creek, Arizona 85331 4nDes S. Van Wynsberghe, Managing Member Lora A. Van Wynsberghe 5447 East Ron Rico Road 4ember r k ri ,on 85331 f . van Wyns rghe, I, Dennis S. Van Wynsberghe, having been designated to act as Statutory Agent hereby consent to act in that capacity until removed or re- signation is submitted in accordance with the Arizona Revised Statutes. ARTICLE.LLC Dennis S. Van Wynsberghe el FIE CEIVED MAR 0 6 2003 �1� C�NA CORONS DIVIsisION C0��0� STATE OF ARIZONA OFFICE OF THE CORPORATION COMMISSION ARTICLES OF ORGANIZATION Pursuant to A.R.S. 29-632 the undersigned states as follows: 1. The name of the limited liability company is; LORDENS, LLC. 2. The address of the registered office in Arizona is; 5447 East Ron Rico Road Cave Creek, Arizona 85331 0 and is located in the County of Maricopa, Arizona. ' 3. The name and address of the statutory agent is: - o Dennis S. Van Wynsberghe n 5447 East Ran Rico Road Cave Creek, Arizona 85331 T 4. The latest date, if any, on which the limited liability company must dissolve is: June 1, 2050 5. Management of the limited liability company is reserved to the members. The names and addresses of each person who is a member are: Dennis S. Van Wynsberghe 5447 East Ron Rico Road Ca, e Creek, Arizona 85331 Managing Member Lora A. Van Wynsberghe 5447 East Ron Rico Road C ve C eek Ari ona 853 ora A. van W sber� Member I, Dennis S. Van Wynsberghe, having been designated to act as Statutory Agent hereby consent to act in that capacity until removed or re- signation is submitted in accordance with the Arizona Revised Statutes. A RTICLE.LLC Dennis S . Van Wynsberghe NOTICE (for publication) ARTICLES OF ORGANIZATION HAVE BEEN FILED IN THE OFFICE OF THE ARIZONA CORPORATION COMMISSION FOR Name: LORDENS, LLC L-1068043-3 i II The address of the registered office is: 0 w 0 The name and address of the Statutory Agent is: V-L(lyt�'o III (Please check A or B.) A. [ ] Management of the limited liability company is vested in a manager or managers. The names and addresses of each person who is a manager AND each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are: B • 0 Management of the limited liability company is reserved to the members. The names and addresses of each person who is a member are: LL:0001 Rev. 4/00 W 0X611 Z 1 VENOM .r 1A yNO (Please check appropriate box) ["member [manager )4 member [ ] manager CCI1 ML 5 3 I [ ] member [ ] manager [ ] member [ ] manager NEWSPAPERS ACCEPTABLE FOR PUBLISHING CORPORATE & LIMITED LIABILITY COMPANY FILINGS* *Qualifying newspapers must comply with A.R.S. §§ 10-140.34 & 39-201. A and B February 11,2003 THE S UNSIT �^ ER PEARCE, AZ 85625'' NAVAJO TIMES 520-826-3122 THE COPPER ERA WINDOW ROCK, AZ 86515 CLIFTON, AZ 85533 928-871-6641 TOMBSTONE TUMBLEWEED TOMBSTONE, AZ 85638 928-865-4237 APACHE COUNTY REPORTER 520457-3008 EASTERN ARIZONA COURIER EAGAR, AZ 85925 :'::;":"'> ::��"}}� ""'` = :>::: SAFFORD, AZ 85546 928-333-20331_ 928-428-2560 1-800-648-3921 SEDONA RED ROCK NEWS :;•:;;.:;•::•::,:.:;::.>:;.:::.:.;:;;>:::,>.::: WHITE MOUNTAIN INDEPENDENT SEDONA, AZ 86336 ............: . (APACHE EDITION) 928-282-7795 SPRINGERVILLE, AZ 85938 ARIZONA BUSINESS GAZETTE 928-333-4139 THE ARIZONA DAILY SUN PHOENIX, AZ 85001 ST. JOHNS, AZ 85936 FLAGSTAFF, AZ, 86002 602 444-7315 928-337-4662 $ 0 ........ 928-282-3206 NA' �� ::::::::..1..-.�...................... ARIZOA PITOL TIMES QII2) NAVAJO HOPI OBSERVER PHOENIC X, AZ 85007 FLAGSTAFF, AZ 86001 602-258-7626 SAN PEDRO VALLEY NEWS -SUN 928-226-9696 PEORIA TIMES BENSON, 85602-6407 520-586-3382 LAKE POWELL CHRONICLE GLENDALE, AZ 85301 82 PAGE, AZ 86040 623-842-6000 ARIZONA RANGE NEWS 928-645-8888 WILLCOX, AZ 85643 JEWISH NEWS 520-384-3571 WILLIAMS-GRAND CANYON NEWS PHOENIX, 85020 WILLIAMS, AZ 86046 THE SCOUT (HUACHUCHA) STAR 928-635-4426 602-870-9470 SIERRA VISTA, AZ 85603 GLENDALE STAR 520-458-3340 SOUTHERN UTAH NEWS KANAB, UTAH 84741 GLENDALE, AZ 85301 The Scout 435-644-2900 623-842-6000 1. The Paper `^";:>^?>:.>:<>': WICKENBURG SUN 2. The Scout? WICKENBURG, AZ 85258 :..:.:...:..:... 3. The Desert Airwave 928-684-5454 4. The Bisbee Spirit - THE PAYSON ROUNDUP & o 5. Tele Viewing ADVISOR o WEST VALLEY'gUSINESS (All the above are affiliated with the PAYSON, AZ LITCHFIELD Pg�;K, AZ 85340 Scout) 928-474-5251 623-535-8439 THE DAILY DISPATCH ARIZONA SILVER BELT DAILY NEWS §�N � DOUGLAS, AZ 85607 GLOBE, AZ 85501 SUN CITY, .4Z 85351 n 520-364-3424 928-425-7121 623-977-8351 D THE BISBEE OBSERVER THE MOCCASIN THE TRIBUNE BISBEE, AZ 85603 SAN CARLOS, AZ 85550 MESA, AZ 8521F 520-432-7254 928-425-2287 480-898-6826 N FIVE STAR PUBLISHING `:: GILA BEND SUN MOUNTAIN VIEW NEWS' GILA BEND, AZ 85337 SIERRA VISTA, AZ 85635 EASTERN ARIZONA COURIER 520-683-2393 520 458-3340 SAFFORD, AZ 85548 623-386-7495(Phcenix) BREWERY GULCH GAZETTE 928-428-2560 RECORD REPORTER BISBEE, AZ 85603 520-432-2244 ARIZONA (TUCSON) DAILY STAR PHOENIX, AZ 85;104 TUCSON, AZ 85725 602-417-9900 SIERRA VISTA DAILY HERALD 520-573-4224 ARIZONA INFORMANT BISBEE DAILY REVIEW WILD WEST NEWS PHOENIX, AZ 85034 SIERRA VISTA AZ 85635 520-458-9440 SOLOMON, AZ. 85551 602-257-9300 928-428-0098 If you have the responsibility of collecting, accounting for, and payinc, over payroll taxes withheld from the wages and salaries of corporate a employees, read on. A principal benefit of incorporation is limiting an owner's liability to the amount of his/her capital investment. This limited liability may not apply in all circumstances. w Section 6672 of the Internal Revenue Code states that the liaWilit or taxes withheld from the wages and salaries of corporate eml o eR may be assessed against the corporate officer(s) or eem to eey p y to be responsible for their collection and payment.) found liability of the responsible officer or employee The personal p oyee is not limited' -to the amount of capital investment. There are other civil and criminal penalties in the law regarding filing, paying, depositing of employment taxes. If you would like more information regarding this or any other federal tax issue, contact your local Internal Revenue Service office or call toll free, 1-800-829-1040. attnc0rp.wpd REV: 03/2001 �- ,r r-1_• .^a T A f'i A T Tr1­1 f—�% T r1 T-lk- S T 1 r"I i i ii �-i ii1 ii fi`,► 1 i1 LLL %,.J 1 \ 1 I- X 1 1 11 T 1L! }.J P.O. Bay, 2260, Phoenix. AZ 85002 6021258-7026 FAX 602/258-2504 rn,� rrhlianoticesrgaazcanitoltirnes.corn April 4, 2003 Attn: Dennis Van WVynsberghe RE: LORDENS, LLO w Tits to en is to f41#ova ia4 on your phdne inquiry Qn ffie eoove-refereneed-referetice. o r-- n Enclosed is copy of the Affidavit of Publication I will be fling wi the Arizona Corporation Commission on April. 7, 2003. Publication dates ::Jill be Aprig 1, 18 and 25, 2003. The, week of April 14, 2003 you should receive by mail, a datesstamped copy of the Affidavit of Publication, a tearsheet ad from the paper and your credit card receipt. If you have any further questions, please do not hesitate to contact me. Lega! Advertising Ulient Services and Scheduling Enclosure 1J. r7z_ 111cu).d 1_.)CKV1l.t -y 4duzD,(ndut)u Nu.1Y8 L&02 AFr-iDKVIT OF PUBLICATION to, Commission A RIZ N CAPITOL T ivs P.O. Box 2260 Phoenix, AZ 85002 Phone: (602) L58-7026 / Fax: (602) 2508-2504 STATE OF ARIZONA County of Mancopa 13 0 I. DIANA CREIOHTON;m auth4rized by the publisher as agent to make this affidavit_# publication. Under oath, I state that the following is true and correct. — t— The ARIZCNA CAPITOL TIDIES, is a newspaper which is published weznJy, is of general OrWation, and is in compliance with Arizona Revisers 95tatUte6. H 10-144.34 & 3q-2Q1.A & 8, ThP notice will be/is being published three (3) consecutive times in the newspaper listed above. DATES OF PUBLICATION; 11 April 11, 2003 2) Aprdl 18, 2003 3) April 25, 2003 THE NAME OF THE CORPORATION; LORDENS, LLC CORPORATE FILE NUMBER; L-106844-3 3 TYPE OF DOCUMENT: Nctic a for Publlcatlan of Articles of Organization FEW4PLE: Merger between party s and party b; name r hangs Fromito; foreign authcrtty with a fictitious name: articles of incorporation; application for authority, articles of organization; amendment etc.) ram\ 4 AUTHORIZED SIGNATURE: NOTARY SIGNATURE: UBBDRIgED AND S- W N TO BEFORE ME ON THE 4TH OF AP1. / = OFFICIAL SE -AL !(. MARIA OIHOMINA ! (t NOTARY PUBLIC , 3W gf Ardaii4 iviAi�ICO'r�, CC M'y Carttnl. Effective Date: Notice of Right to do Business under an Alternative Name (3-21 O LwFor = 2-87, 6-95 ti 0 March 21, 2003 Name and Address of Business Owner: LORDENS, LLC. 5447 E. Ron Rico Road Cave Creek, AZ 85331 Primary Name of Business: LORDENS, LLC. Ownership of Business: ❑ Sole a0prietorilliP ❑ Pawmhip ® Corpotahon O C7 f� Location of Business: — 13014 Saguaro Blvd. Fountain Hills, AZ 85268 Secondary Name of Business AB A. Name): CHILMARK AMERICAN GRILL ine above named business owner(s) hereby declares authority to do business by the above named Primary business and/or the above named secondary business name, including all rights and responsibilities for all receipts, debts and obligations incurred. If the above 1s a Corporate entity, owners recognize and acknowledge that all necessary recordings and filings with the SEC, the corporation itself, the stockholders and all other concerned partiesre=Cr owners intend for this name to be a matter of record. �" f�- Business ;;,D'! CUSELL P T U1Y FUUL1C•ARIZONA ennis S. Van Wynsberg e, ar6ging _, Member bra A. Van Signatures of Business Owners STATE OF f 7� r c1 Ad-6donmL • On this date. Won m4 s NOW, Public pQsonal COUNTY OF (n� ( G n i S- S. Vct n w n S b� r k E- A.J'i Date of c}_e�_�3 Lorc, Pr. van �vyns�he Acknowledgment (mown m nm or satxj , h vrovm m bs tbs peon erlwsa esme is subacn this -An=mt VW acknowledged that he acc w the soma bed m STATE OF Adcno 'k4—L - On this data before me, . NotwCOUNTY OFy A+ paaensIty •peeved: Date of ---] Acknowledgment bmown to me or satisfaamly proven m be tba this i+utrwnmt and �'on wt'oso e� is subscnbod to -- 'duww4ed�ed dut 1>. mcecvted the soma s Apc er e, Me e Signature of Notary public Notay Vlx�n Datc Signature of Notary Lc Rotary Expiration r1 R. IV Form $$-4 Application for Employer Identification Number [Rev December 2C01i (For use by employers, corporations, partnerships, trusts, estates, churches, I)e. t>,Yrmpnl "I rlle government agencies, Indian tribal entities, certain individuals, and others.) I/p,1VIIv :i nemaj Hrverue. s,•/•„Ce ► See separate instructions for each line. ► Keep a copy for your records. 1 Legal name of entity (or individual) for whom the EIN is being requested LORDENS, LLC. 2 Trade name of bu�ine5 f EIN OMB No 7545-0003 s II different from name on line 1) 3 Executor, trustee, "care of name N Dennis S. Van Wynsberghe v 4a Mailing address (room, apt., suite no. and street, or P.O. box) 5a Street address (if different) (Do not enter a P.O. box.► c 5447 East Ron Rico Road CL 4b City, state. and ZIP code Sb City, state, and ZIP code o Cave Creek, Arizona 85331 T6 County and state where principal business is located Maricopa, Arizona 7a Name of principal officer. general partner. grantor, owner, of trustor 7b SSN, ITIN, or EIN Dennis S. Van Wynsberghe 315-74-4434 8a Type of entity (check only one box) ❑ Sole proprietor (SSN) ❑ Partnership ❑ Corporation (enter form number to be filed) ► ❑ Personal service corp. ❑ Church or church -controlled organization ❑ Other nonprofit organization (specify) ► l Other (s ecif) ► ed Liabilit Con 8b If a corporation, name the state or foreign country State (if applicable) where incorporated 9 Reason for applying (check only one box) ® Started new business (specify type) ► 10 12 13 ❑ Hired employees (Check the box and see line 12.) ❑ Compliance with IRS withholding regulations ❑ Other (specify) ► , Date business started or acquired (month, day, year) ❑ Estate (SSN of decedent) ❑ Plan administrator (SSN) ❑ Trust (SSN of grantor) El National Guard ElState/local government ❑ Farmers' cooperative [I Federal government/military ❑ REMIC ElIndi IZibal governments/enterprises .Group Exemption Number (GEN) w I Foreign count Arizona ❑ Banking purpose (specify purpose) Ill - ❑Changed �-- type of organization (specify new tyRe) ► _rn ❑ Purchased going business ❑ Created a trust (specify type) ► ❑ Created a pension plan (specify type) Ili 11 Closing month of accounting year December • .. — ­ - wayc�- ur annuities were paid or will be paid (month, day, year). Note: If applicant is a withhold' agent enter date income will First be paid to nonresident alien. (month, day, year) . , ► Sept. 1 , 2003 Highest number of employees expected in the next 12 months. Note: If the app,,, ATT Other expect to have any employees during the period, enter 9 FT ;10 PT 14 Check one box that best describes the principal activity of your business. ❑ Construction Health care &social assistance ElWholesale-agenUbroker ❑ Rental & leasing . ❑ Transportation & warehousing ❑ Accommodation & food service ❑ Real estate ❑ Manufacturin El Wholesale -other ❑ Retail g ❑ Finance &insurance ® Other (specify)Restaurant 15 Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided. Restaurant operation 16a Has the applicant ever applied for an employer identification number for this or any other business? Note: If "Yes.'• please complete lines 16b and 16c. • ❑ Yes ® No 16b If you checked "Yes" an line 16a, give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above. Legal name ► Trade name ► 16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if known. Approximate date when filed tmo., day, year) City and state where Filed Previous EIN Complete this section only if you want to authorize the named individual to receive the entiry's EIN and answer questions about the completion of this form. Third Designee's name Part Designee s telephone number fmcluce area cocel Y Designee Address and ZIP code ( ) Designee's fax number (include area code) Under penal:res of penury. I decWre :ha: I have exaT�ed :ha appl cation. and :o he bes of „y knmvledge and belief is :rue, correct. and complete. ( , Applicants telephone number Gncluce area cote! Name antl title (type or print clearly) ► Dennis S. Van Wynsberghe, Managing Member ( 480) 595-5015 Applicant's fax number r lud Sn nature ► J Date 1- 3-5-03 nu e area code) '�� �' LZ "Z z ( � For Privacy Act and Paperwork Reduction Act Notice, see t5qarate instructions. Cat. No. 16055N Form $$-4 (Rev. 12.2001) ARIZONA CORPORATION COMMISSION CORPORATIONS DIVISION 1300 WEST WASHINGTON PHOENIX, ARIZONA 85007-2929 CUSTOMER SURVEY d a The Arizona Corporation Commission's Corporation Division is committed copwnually improving the services we provide. In an effort to improve our service, we resp ctfull sk you to take a moment to complete this questionnaire. o: Please mark the box that indicates your level of satisfaction with the services w�rovided. Mark N/A (Not Applicable) for any that does not apply to your contact with the Corporations Division. RATING SCALE Strongly Disagree Disagree Neither Agree nor Disagree Agree Strongly Agree Not Applicable 1 2 3 4 5 N/A 11 Overall, I was satisfied with my contact with the Corporations Division. 111213 41 5 N/A 2 1 The Corporations Division adequately answered my questions relating to the filing process. f5The he Corporations Division provided satisfactory instructions to complete the ppropriate forms. found the forms to be clear and easy to work with. Corporations Division treated me in a professional, courteous manner row hout the process. Comments\Concerns\Suggestions: Your Name (optional) Phone Number Thank you for taking the time to participate in this important survey. You can return this by mail to the address listed above or fax to (602) 364-1046 or you may bring it to any of the division's counter windows. ARIZONA CORPOILVIION CO�I'NIISSION Phoenix Address: 1300 West Washington CORPOR.\"I'I()NS DIVISION Phoenix, Arizona �t3007.2y2y Tucson Address: 41i0 Nest Coneress PROFIT Tucson. Arizona 85701-1 347 CERTIFICATE OF DISCLOSURE A.R.S. § 10-202.D LORDENS, LLC. A. Has any person serving either b election or a rp EXACT CORPORATE NAME Y appointment as officer, director, trustee, incorporator and persons controlling or holding over 100 of the issued and outstanding common shares or 10% of any other proprietary, beneficial or membership interest in the corporation: 1. Been convicted of a felony involving a transaction in securities. consumer fraud or antitrust in any state or federal jurisdiction within the seven-year period immediately preceding the execution of this Certificate? 2. Been convicted ofa felony, the essential elements of which consisted of fraud, misrepresentation, theft by false pretenses, or restraint of trade or monoly in any state or federal jurisdiction within the seven-year period immediately preceding the execution of this Certificate'? po 3. Been or are subject to an injunction, judgment, decree or permanent order of any state or federal court entered within the seven-year period immediately preceding the execution of this Certificate wherein such injunction, judgment, decree or permanent order: (a) Involved the violation of fraud or registration provisions of the securities laws of that jurisdiction?: or (b) Involved the violation of the consumer fraud laws of that jurisdiction?: or (c) Involved the violation of the antitrust or restraint of trade laws of that jurisdiction? Yes No X B. IF YES, the following information MUST be attached: I . Full name, prior name(s) and aliases, if used 6. Social Security number. 2. Full birth name. 7. The nature and description of each conviction orjudicial action, date 3. Present home address. and location, the court and public agency involved and file or cause 4. Prior addresses Ifor immediate preceding 7-year period). 5. Date and location of birth. number of case. ti 0 C. Has an p y person serving as an officer, director, trustee or incorporator of the corporation served in any such capacity or held oL controlled over 20°/ of the issued and outstanding common shares, or 20% of any other proprietary, beneficial or membership interest in any corporation wh 't has been placed in bankruptcy, receivership or had its charter revoked, or administratively orjudicially dissolved by any state or jurisdiction" _ Cj Yes No X 0 r 1F YOUR ANSWER TO THE ABOVE QUESTION IS "YES", YOU .MUST ATTACH THE FOLLOWING INFORIMAT& FOR EACH CORPORATION: 1. Name and address of the corporation. 3. State(s) in which the corporation. 2. Full name (including aliases) and address of each erson involved. p la) Was incorporated. (b) Has translieted business. 4. Dates of corporate operation. _ ?. Date and case number of Bankruptcy or date of revocation/administrative dissolution. D. The fiscal year end adopted by the corporation is December 31 Under penalties of law, the undersi,ned incorporator(s)/otiicer(s) declare(s) that I(we) have examined this Certificate, including any attachments, and to the best of my(our) knowledge and belief it is true, correct and complete, and hereby declare as ind' -ated above. THE IGNATU E(S) MUST BE DATED WITHIN THIRTY (3,?,) DAYS OF THE DELIVERY DATE. BY > 1` , .� Dennis S. Van W sb he PRINT NAME Yn g PR[ ' NAME Lora A. Van Wynsber TITLE Managing Member DATE 3-6-03 Member TITLE DATE 3-6-03 DOMESTIC CORPORATIONS: ALL INCORPORATORS MUST SIGN THE INITIAL CERTIFICATE OF DISCLOSURE. If within sixty days, any person becomes an officer, director, trustee or person controlling or holding over 101;, of the issued and outstanding shares or 1010 of any other proprietary, beneficial, or membership interest in the corporation and the person was not included in this disclosure, the corporation must file an AMENDED certificate sig one duly authorized officer of the corporation. ned by at least FOREIGN CORPORATIONS: MUST BE SIGNED BY AT LEAST ONE DULY AUTHORIZED OFFICER OF THE CORPORATION. CF: 0022 - Business Corporations Rev: 3100 03/04/2003 21:55 4807056450 QUEENAN PAGE 02 tri mlo M lk Kr4 P�V low pl� u u b 0 ZQU.2w 1 Z ��� �xMO V)ZU U. Al' a %,,#rll micktIlICK GRI zro mou CD !z— I v4 ;4v jI CHICKEN SANDWICH WITH CHEESE AND FRENCH FRIES HAMBURGER OR CHEESEBURGER * WITH FRENCH FRIES GRILLED TERIYAKI CHICKEN BREAST WITH FRENCH FRIES FETTUCCINE PASTA IN A BUTTER SAUCE L-: :.�S.�.r :. ,. �..:■i aii� i1 .071w�LT H r IRENCH FRIES ALL 6.95 c a W L� "A'"' 4 gh / �?�_ Qom_"',�_� # ®1eir ! 9 143 ONSS' NH. I ,S .+� ':�.'� err .ram ■�i «� i AS EXCERPTED FROM "SAVELIR " MAr.A71NF a or RE —^"EA` i S SC: 11 AI:D URICa"T RINK TO RED 1N CENTER. VERY JUICY. MEDIUM RARE —MEAT IS BRIGHT PINK 1N CENTER AND HAS 13EGUN TO TURN BROWN TOWARDS OUTER EDGES. FIRMER BUT STILL JUICY. EMIUM- 0.'iE.A.9 1� I limrri iim �sr i / G7�S >7UT BROWN 7V IY THF�vuvi-i AT OUTER Ctt tVi7e.5. TEXTURE IS FIRM. MEDIUM WELL MEAT IS UNIFORMLY BROWN THROUGHOUT.NO JUICE. WELL DONE- MEAT Is ovsrpc-' lcEn, Tni fH, c-uEwv-;-EXTL,IDE • consuming raw or undercooked meats, poultry, seafood shellfish or eggs may increase your chance of • Goo d- %orn ill„2ss. HOMEMADE SL`up uU .90C.JR HOMEMADE f1LL CREAM OF BAKED POTATO SOUP . 3.95 �\.• SHRIMP COCKTAIL _ S[J2yt3tj WITH COCKTAIL SAUCE, RUSSIAN DRESSING AND BLACK ]SEAN &CORN SALSA NEW ENGL:AND _8 95 STYLE CRABCAKES� ' CHINESE SPRING ROLLSWITH A GINGER SOY DRESSING -'6.95_ ' - DEEPFRIED MUSHROOMS WrTH AJ i► P%rvo 'RANCH DIPPING SAUCE. - ESCARGOT IN A GARLIC'BREAD NEST '6 ' . LAD CAESAft SA a GENEROUS PORTION OF ROMAIhIE WITH •' =j rt � f..r ,r .. ti fi' ONION ASAG10 CHEESE; DtCED'RIPE TOMATO $4 CROUTONS(TOSSED iN qIn. FLAVORFUL; CAESAR DRESSING ADD GRILLED CHICKEN 1 6:95 ADD.dRILL.E-ty"SHRImi pi GRILLED_CHICKEN SALAD SLICED GRILLED CHICKEN BREAST ON A BJrD OF GREENS w.ITFt,:+•', -TOMATO, ONION, CORN, BLACK BEANS, CROUTONS AND CHEb6O 'k CHEESE; 10.95 '.ORIENTAL 3A LAD- CHICKEN, ONIONS, ASAGIO CHEESE; TM OATO ,ORANGES SLICE5 AND WATERCHESTNUTS TOSSIN A' SWEET SOUR.GINGER SOY DRF,,:SSING./WD TOPPED WITH CRISWCHOW.. MEIN NOODLE$ ig�1 �.95 •t , . { 1 LUE CHEESE & WALNUT SALAD- Ml cso G 2EEN8TOPPED wrr -1 cRUMs1 _En-eLu>= CHEESE, ALNUTS, TOMATO AND CROUTONS (WE RECOMMEND, CHARDONNAY VINAIGRETTE WITH THIS�'EM) 10.95'_ ` • : •-;.- ;• -,. •: '. a -.• .. ' •t � ' c • GRILLED SALMON' SALAD --A GRILLED SALMON FILET -WITH HEARTS OF PAC.NI', TOMAONION•,"':. CUCUMBERS AND FRESH GRATED PARMESAN CHEESE 1.95 Gj r, ,i.' ' •, ;..HOUSE SALAD /4S$ORTMENT OF GREENS,-WrrH TOMATO, 'CUCUMSER, ONION, CROUTONS AIVD F.SH GRATED CHEESE s _ '3.95 / OR t.95 WITH ANY ENTREE DBF13$ING CHOICElg; RANCH; X OW FAT VANCn, CI&RDONl-jAY H1�iAI[�iiF1T'E, �L_�[JECIEIEEF.IE,. _, T>fiOUD ISLAND OR HONEY'1pO1VII►oERY MUBTABII:' ' FETTUCINE ALFREDO- FETTL)CINE NOODLES WITH SAUTItED •VEGET"LES t ` TOSSED -IN A DELICIOUS CREAM SAUCE -1.1 .95 - ADD CHICKEN' 13.95 , 'ADD,SHRIMP14'95:''.* SHRIMP SCAMPI FETTUCINE­AUTED SHRIMP &VEGETABLES IN A DELICIOUS' GARLIC BUTTER SAUCE" 16.95 ADCs' ]BAKED POT®TO 2.75 FRENCH FRI[E$ 2.75 SAUtEEID MUSHROOMS MASHED POTATOES 2.75 13L4D11Tt0NAL STUFFING 2. ' 5 " Mow TRY OUR EXTRAORDI1 ARV HOB► .EM.AI DE PF"Eulrt,.. FOR THOSE OVER TWELVE YEARS OLD'THERE 1S A 5.00 PLATE SHARING FEE, FOR YOUR CONVENIENCE 1 B% GRATUITY WILL BE ADDED TO ALL PARTIES OF'SIX•OR MORE AND TO PARTIES REQUESTING SEPARATE CHECKS F TRFFT & FROM THE Guilt � s DINNERS INCLUDE YOUR CHOICE OF BAKED POTATO OR FLAVORED MASHED POTATOES, VEGETABLE AND A BASKET OF FRESH BAKED BREAD GRILLED TERIYAKI CHICKEN BREAST -FIRE GRILLED BONELESS TERIYAKI CHICKEN BREAST MARINATED IN OUR OWN SOY, GINGER & CITRUS MARINADE 13.95 NANCY'S ROASTED ROSEMARY CHICKEN -- A HALF CHICKEN BASTED IN FRESH ROSEMARY AND GARLIC BUTTER, OVEN ROASTED TILL TENDER. 11.95 NEW ENGLAND STUFFED CHICKEN -BONELESS CHICKEN BREAST STUFFED WITH A TRADITIONAL NEW ENGLAND THANKSGIVING STYLE BREAD & CELERY STUFFING & TOPPED WITH A DELECTABLE BROWN SAUCE. 13.95 GRILLED ATLANTIC SALMON- A FILET IMPORTED FRESH FROM THE, EAST COAST AND HAND CUT BY OUR CHEF. TOPPED WITH YOUR CHOICE OF FRESH HERB BUTTER OR JALAPENO BUTTER. 16,95 GRILLED SEA BASS-- TOPPED WITH A LIGHT HERBAL BUTTER 18.95 BAKED ALASKAN COD- TOPPED WITH A 13RF-ADCRUMB HERB CRUST AND CLARIFIED BUTTER ( WHEN AVAILABLE) 16.95 KING CRAB LEGS- 1 LB.- STEAMED IN THEIR SHELLS FOR YOU TO CRACK YOURSELF, SERVED WITH CLARIFIED BUTTER. MARKET PRICE STEAMED WHOLE MAINE LOBSTER- GENUINE, FLOWN IN FRESH NEW ENGLAND EXPERIENCE! SERVED WHOLE FOR YOU TO CRACK, WE PROVIDE THE TOOLS. SERVED WITH CLARIFIED BUTTER MARKET PRICE LAZY MAN'S LOBSTER -MEAT FROM A 1 1 /4 LB. LOBSTER LIGHTLY SAUTEED IP4'" CLARIFIED BUTTER MARKET PRICE GRILLED TERIYAKI SHRIMP- TWO SKEWERS OF TERIYAKI MARINATED SHRIMP 16.Ft CD r- YOU MAX REQUEST KERB BUTTER OR JAI.ALPENO BUTTER ON JUST AS1Ki ADD TERIYAKI SHRIMP TO ANY ORDER FO".00 8 OZ. NEW YORK SIRLOIN STEAK* -BLACK ANGUS BEEF, HAND CUT BY OUJrCHEF AND GRILLED TO YOUR LIKING. 16.95 14 OZ. NEW YORK SIRLOIN*- A LARGER BLACK ANGUS CUT , GRILLED TO YOUR SPECIFICATIONS 19.95 FILET MIGNON* -WITH A MERLOT GLAZE. TENDER CHOICE CENTER CUT WITH A MERLOT WINE REDUCTION SAUCE. 19.95 GRILLED BABY RACK OF LAMB PERSILADE*-RACK OF LAMB FOR ONE WITH A DIJON HERB ENCRUSTED COATING 19.95 .URF & TURF co"Bol GRILLED TERIYAKI CHICKEN & SHRIMP 16.95 8 OZ. SIRLOIN STEAK & GRILLED SHRIMP * 19.95 GRILLED SALMON & SHRIMP 8 OZ. SIRLOIN & LOBSTER * 8 OZ. SIRLOIN & CRAB LEGS* 19.95 MARKET PRICE MARKET PRICE CHILMARK GRILL LUNCH MENU `%w APPETIZERS 3AKED POTATO SOUP 3.95 SOUP DU JOUR 3.95 'RIED MUSHROOMS 4.95 IUMBO SHRIMP COCKTAIL 8.95 4EW ENGLAND STYLE CRAB CAKES 7.95 :HINESE SRRINGROLLS WITH A GINGER SOY DIPPING SAUCE 6.95 : RIED POPCORN SHRIMP WITH TARTAR SAUCE 7.95' SALADS *CAESAR SALAD-- ROMAINE .TOSSED W/ ONION ,ASIAGO CHEESE, CAPERS, DICED RIPE., TOMATO AND CROUTONS IN A FLAVORFUL CAESAR DRESSING 6.95 ADD GRILLED CHICKEN 7.95 ADD GRILLED SHRIMP 9.95 3RILLED CHICKEN SALAD- GREENS TOPPED W/ GRILLED SLICED CHICKEN,"TOMATO, ONION, CORN, BLACK BEANS„ CROUTONS &CHEESE. 8.95 ORIENTAL SALAD- CHICKEN, SCALLIONS, ASIAGO CHEESE, TOMATO, CRISPY NOODLES, VATER CHESTNUTS, ORANGES AND GREENS TOSSED IN A GINGER SOY DRESSING 8.95 3RILLED SALMON SALAD ~ GRILLED SALMON. FILET, ON A BED OF GREENS W/ HEARTS OF 'ALM, TOMATO, ONIONS, CUCUMBERS & PARMESAN CHEESE 9,95 'BLUE CHEESE & WALNUT SALAD - MIXED GREENS W/ CRUMBLED BLUE CHEESE, VI NUTS, TOMATOES AND CROUTONS 71951 _ .. `FOOD SALAD -CRAB STYLE SEAFOOD SALAD ON MIXED GREENS WITH -TOMATO, .- . ;UCUMBERS & CROUTONS 7 95 `HOUSE SALAD - MIXED GREENS WITH TOMATO, CUCUMBER; ONION, CROUTONS AND 'ARMESAN' CHEESE 3.95 = `HOUSE SALAD & SOUP 6.95 DRESSING CHOICES; RANCH, LO-EAT RANCH, VINAIGRETTE, BLUE CH SE. • } OLD VENICE ITALIAN, HONEY MUSTARD & THOUSAND ISLAN . WRAPS1. s; THE RANCH WRAP -SLICED CHICKEN, LETTUCE, TOMATO, ONION. ASIAGO EE k RANCH DRESSING WRAPPED IN A TORTILLA. SERVED WITH FRENCH FRIES 7.95 0 ORIENTAL WRAP -CHICKEN, SCALLIONS, ASIAGO CHEESE, WATER CHESTNUTS, TOMATO, kND GREENS IN A SOY GINGER DRESSING WRAPPED IN A TORTILLA. SERVED W/ FRIES - 7.95 . 'BLT WRAP - BACON, LETTUCE, TOMATO, AND CHEDDAR CHEESE WITH MAYO WRAPPED IN A TORTILLA. SERVED WITH FRENCH FRIES 6.95 'SEAFOOD SALAD WRAP- CRAB STYLE SEAFOOD SALAD WITH MIXED GREENS WRAPPED N A TORTILLA AND SERVED WITH FRENCH FRIES., 7.95 'V-GETARIAN WRAP - CREAMY BOURSIN CHEESE, TOMATO, ONION, CUCUMBERS, MIXED ! DNS. SERVED WITH FRENCH FRIES FRIED SHRIMP WRAP-- FRIED POPCORN SHRIMP WITH LETTUCE, TOMATO & CHEESE IN A ::AESAR DRESSING, WRAPPED IN A TORTILLA.. SERVED WITH FRENCH FRIES 8.95 F BURGERS, SANDWICHES_ & MORE! �OVER } ' THESE ITEMS CAN BE PREPARED MORE QUICKLY FOR THOSE IN A HURRY.. 13014 SAGUARO BLVD. FOUNTAIN HILLS, AZ. 85268 (480) 836-81 08 Town of Fountain Hills Town Council Agenda Action Form Meeting Type Regular Meeting Suliittan Department Public Works Consent:® Regular Meeting Date:: 5/15/03 Contact person: Tom Ward Tvne of DocumentWNeeding ApAroval(Clieck•all that avnI ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Anuronriate,Areas) ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Qnlys❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Re:sular Akehda Wording: Consideration of the liquor license application submitted by Karen Elaine Najjar- Jaradi for Fountain Hills Express located at 11829 N. Saguaro Blvd.. The application is for a new Class 10 license. Approve No Purpose of Item and BackgroundInf ation: To obtain Council approval for a new Class 10 liquor license. A Class 10 license allows retail sales for beer and wine only in the original unbroken package, to be taken away and consumed off the premises. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows Ward memo; Martinez memo; application front page Consent Agenda Siknatures of Submittink Staff: De —" 0�/,Ze// I artmentt Head �l Z - o 3 Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: April 22, 2003 Town Council FR: Tom Ward RE: Fountain Hills Express Director of Public Work A o Liquor License Application Karen Elaine Najjar-Jaradi is requesting Council approval of a new Class 10 liquor license for Fountain Hills Express located at 11829 N. Saguaro Blvd. A Class 10 license allows retail sales for beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 10 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. Fountain Hills business license #6272 was issued to the applicant on April 18, 2003. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. Fountain Hills Express License Application.doc Page I of I TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 04/18/03 FR: Ken Martinez, Interim Town Marshal RE: Liquor License — Fountain Hills Express The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the Fountain Hills Express, located at 11829 N. Saguaro Boulevard. BACKGROUND INVESTIGATION: This application is for a Class 10 liquor license under the specifications of Arizona Statutes and Regulations. A Class 10 license allows retail sales for beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. The previous owner, Doha Inc. Yousif D. Doha agent, currently has a class 10 license 10073177 that expires on 12/31/2003. The current Application for Liquor License 10074529 under the business name Fountain Hills Express, agent Karen Elaine Najjar-Jaradi is pending approval by the Arizona Department of Liquor Licenses & Control. The applicant, Karen Elaine Najjar-Jaradi, is an Arizona resident under the provisions of ARS Title 28. I have verified that she has no outstanding wants or warrants. A search of the Town of Fountain Hills Business License database does show a business license #1696 for this location in the name of Yousif Doha. RECOMMENDATION Based on compliance with Title 4 relating to the Class 10 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, I recommend approval once the applicant has secured a Town of Fountain Hills business license. Kmartinez;KLM;\\earth\KMartine\My Documents\LIQUOR\Liquor Approval Memo -Fountain Hills Express.doc;Created on 4/18/2003 2:07 PM -ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 /0 % r i i r APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK 0 Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers or Mana-,ers actively involved Q6day 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. SECTION 1 This application is for a: .INTERIM PERMIT Complete Section 5 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: LICENSE #/: SECTION 2 Type of ownership: Ps 4- #-f 6 -03f)ow r\ 5-5-03 ❑ J.T.W.R.O.S. Complete Section 6 INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain 0 1. Type of License: to 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) I. Applicant/Agent's Name: tuts. (, � � 2 ` "Izw Aj� (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: (Exactly as it appears on the exterior of 4. Business Address: l l VO �� (�%� �� 17�1) G) I--nudw U K [1,; I l� �i %j� ✓� (Do not use PO Box Number) City COUNTY V Zip 5. Business Phone: 46b } - ,]9 3(D Residence Phone: () 41q - 6. Is the business located within the incorporated limits of the above city or town? YES ONO 7. Mailing Address: 8. Enter the amount paid for a 06, 07, or 09 license: $ Accepted by: Ir Fees:Application Interim Interim Permit City (Price of License ONLY) DEPARTMENT USE ONLY Date: 9 -qrj Agent Change Club Zip Lic. #t _ _I l _0'1 4 l F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROX] ATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 1112000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTIONS Interim Permit: If you intend to operate business while your application is pending you will need an 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. 4. Is the license currently in use? � YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, 11126 i= i"7 Q ohl g , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. 0 (Signature) My commission expires on: M� ci- Z State of County of _� toQ4- -- ----��,� - going instrument was acknowledged before me this OFFICIAL SEAL BA RBARA ELCO day of 4 dJ NOTARY PUBLIC- ARI of onth I Month Year MARICOPA COUN My Comm. Expires May , 006 (Signature of NOTARY PUBLIC) s 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 CARD. Individual Last Middle Owned Partnership Name: (Only the first partner listed will appear on license) Residence Address General -Limited last Firct M;A,11. 0L n.—A oo..:Ae....o A.iA_-- ❑ ❑ % \—> arz-- — i.v ,. JL1GL.i lf' 11 Gl.DJJHiC 1f Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES [*No 2 SECTION 7 Corporation/Limited Liability Co.: EA 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, S, 6, 7, 8. DLL D L.L.C. Complete questions 1, 2, 4, S, 6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of rporation/L.L.C.: 1003 APR ,q 10: 4 (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporate Organized: 3. AZ Corporation Co ssion File No.: 4. AZ L.L.C. File No: 5. Is Corp./L.L.C. non-profit• 6. List all directors/officers in Last First State where Incorporated/Organized: Date authorized to do business in AZ: Date authorized to do business in AZ: ❑ YES ❑NO If yes, give IRS tax exempt number: ,.L.C.: - Middle Title Residence Address (ATTAII, ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10 ) o ore: State - --- " - --- - - % %-ILY JmLC LI % ��. �n1lnl.n lwulllVlvllL Ji'iLG1 Si-Y\V Ll-LJJHICI) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and hector/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FlI l 1. Name of Club: Date (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 CARD, AND $24 FEE FOR EACH CARD. (Attach a copy of Club Charter) State SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licens e's Name: (Exactly as it appears on 'cease) Last First Middle 2. Assignee's Name Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO TH APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECRE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government. (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last Last SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LE 1. Current Licensee's Name: (Exactly as it appears on license) Last 2. Corporation/L.L.C. Name: 3. Current Business Name: 4. Current Business Address: First First (Bars and Liquor Stores ONLY). (Exactly as it appears on license) (Exactly as it appears on license) 5. License Type: License Number: 6. Current Mailing Address (other than business): First Middle Middle Middle Entity: (Indiv., Agent, etc.) Last Renewal Date: F 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES IN 8. Does the applicant intend to operate the business while this application is pending? El YES ❑ \andhs'elby omplete 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 declare that the statements made in this section are true, correct and complete. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB M�IBER, PARTNER, (Print full name) _ STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. State of County of X Ij The foregoing instrument was acknowledged before me this (Sipature of CURRENT LICENSEE) day of Day of Month Month Year My commission expires on: 4 (Sibmature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY3DL STATE. 1. urrent Business Name and Address: (Exactly as it appears on license) RPR I 0 A 10: 41 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License 4. What date do you plan Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: 't 1. Distance to nearest school: 3 ft. Name/Address of school: FoLL2 (Regardless of distance) o v Avg FT I 2. Distance to nearest church: ft. Name/Address of church: r71F4% + ' L (RL-aardless of distance) 'off IS s�-t�,.�,�� Ro t 3. 5n the: (1 LESSEE El SUBLESSEE ❑ OWNER ❑ mi PURCHASER (of preses)) t j��� 4. If the premises is leased give lessors name and address: i ran 1 4a. Monthly rental/lease rate $ - ( J . What is the remaining length of the lease? 95yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ Un , OD or other (give details - attach additional sheet if necessary) What is the total business indebtedness of the applicant for this license/location excluding lease? $ _ 1(,a a '� 1 60 Does anyone creditor represent more than 10% of that sum? IXYES ❑ NO If yes, list below. Total must equal 100%. Last Firct Miririlr K, r)--i Roc;riP.,ro Arirl— c._._ — ov IfLinm i,7 ��J �D i '^�"'s," : I S D e5 roui:) 041 Q H r S i:lz g (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) lc-il� Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? �., YES I, NO If yes, attach explanation. ISoes any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES 1�,NO Is the premises currently licensed with a liquor license? 14 YES ❑ NO If yes, give license number and licensee's name: License (Exactly as it appears on license) Namel 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES )(NO If yes, give licensee's name: and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 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) Check ALL boxes that apply to your licensed premises: .R Entrances/Exits 0 Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 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. `34Zti�� , 0 YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, E>aTS, OR SERVICE WINDOWS 1V1ADE AFTER SUBMISSION OF THIS DIAGRAM. 4z SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. gist below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. I. ti. SVPA) o ASptrc-�- w 2d� NT 3. 4. 5. 1,4 17i A77 6. '- heOrA 7. G7�SYC; kUs ly� nE ►�1RKlr 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: I, (` i� 1il� 1 L (I I'- J li ' `✓ , declare that: 1) I am the APPLICANT (Agent/Club Member/Partnee, 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 convicted of a felony in the past five (5) years. X •Suture) My commission expires on:C-14 0'c 7 State of �. County o The forego g instrument was acknowl ged beforAae this day of onth Month Year (Signature of NOTARY PUBLIC) NOTARY PUBLIC - ARIZONA MARICOPA COUNTY My Commission Expires May 31, 2006 77 O SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locati. and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (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: ' Mi. ;1 M.i . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. r 5 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor Phoenix AZ 85007-2934 0 (602) 542-5141 QUESTIONNAIRE SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFW BE DISSEMINATED TO THE PUBLIC instrument is a sworn document. 400 W Congress d150 Tucson AZ 85701-1352 (520) 628-6595 L BY LAW AND CANNOT Iaeltoj prmy-witu-bUick ink An extensive investigation of your background will be conducted. WAise "or in answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY 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 # 00 5Q—c, A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 2 (If the location is currently licensed) 1. Check Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—m*/ Licensee or A ent must complete b 25 for a Manager Licensee or A ent must complete # 25 2. Name: l jZ-%� I' � - Fz�� fM e- 1 l910If, Date of Birth: © �" I rT r77-. Last �( (,First Middle (This Will Not Become a Part of Public Records) .l� 7 Social Security Number: rl � " i 7� -All Drivers License # ('This Will Not Become a Part of Public Records) V 02) L0024 � State: P f2f ZON 0 4 . Place of Birth: �� 12Q �'i { C I i�G�1� � �� J Height: 5l + Weight: M Z Eyes.Bl2tJ4A)Hair: j3j n�9 City State Country (not county) 5. Marital Status ❑ Single ® Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (4_C)) q 19 _ 9417'7 Name of Current or Most Recent Spouse: R-Date of Birth:AN-P-LCv-9 all for last 5 years - Use additional sheet if necessary) Last First fiddle Maiden 7. You are a bona fide resident of what state? f Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. (AKQ 2-2 1 - ZI I z) 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 (may �� (SOS Premises Phone: ( ) �. _0 . 11. Licensed Premises Address: �S �� so q (AZO 01y �--) FtQalj A'R� I ' azi- (Fs4pp Street Address (Do not use FIO Box /) City County Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time. list those dates_ List most recent tet FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 67l O CURRENT 14112. U I e.� - c -e- IG P-z- 3� ClP�1 OS%Igtgg 0'712060 I,IKVfQ4,;zI2oNA- i0970f— t'crS07 QQ /' �2 3 tm l in i2t� 13U -cd Ord I I � 9ce 61 t L 12 CC��jwl, fit- ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: 0 FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet'vinY name, address and phone number of landlord City state zip 2�DD CURRENT (}(ht�y „� ���� l-Z J� �1 D��*q 63(zco� w' St k/a Nti 1 u57 U� �US/nU� G2ct Spa t 07 25z ��I94G� og)igq� a Z1-7> 10 -TOPM 11�ld m:l- ygu Ll 1 1 1 -001 Disabled individuals requiring special accommodations please call (W2) -542-9027 U 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 YES NO the licensed premises ? If you answered YES, how many hrs/day?_L5—, 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) ❑ YES 0( NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 'J 15. Have you EVER been detained, cited arrested, indicted or summoned into court for violation of ANY law or ❑ YES H NO ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined posted bond been ordered to deposit bail, imprisoned, had sentence ❑ YES Dr NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES IR NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES V9 NO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or ned in this or any other state? 19. Has anyone EVER fled suit or obtained a judizment against you in a civil action, the subject of which ❑ YES CZ NO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other li uor license in this or any other state? ❑ YES X NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section r.rl 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES []NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ 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, 4h T�-: Nigy 2' l {�12fj l� , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. WILLIAt1$tKt;eWB County of� NOTARY PUBLItTh6instrument was aclnowiedg6d before ignat (Sure of Applicant) ICOPA COUNTY 9 VV * My Commission E9pires� y of a©3 . May 31, y of Month Month Year My commission expires on: Q' G Day of Month Month Year (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, rint Licensee/Agent's Name Last Middle Hereby authorize the applicant to act as manager for the named liquor license. X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year First State of County of The foregoing instrument was acknowledged before me this day of , Day of Month Month (Signature of NOTARY PUBLIC) Year ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress ##150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 6 (520) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION I 4/9/03 Date Training Completed NAME OF THE LICENSEE But ame V TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE YES ❑ NO BASIC ❑ YES NO ON SALE YES ❑ NO MANAGEMENT YES [:]NO OFF SALE ❑ YES NO BOTH ❑ YES NO OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION ARIZONA ALCOHOL AWARENESS ASSOCIATION Company or Individual Name 4302 NORTH 21STSTREET STE. #B Address PHOENIX ARIZONA 85016 02-410-2111" City State Zip Phone 4.' I Certify ab e named individual has successfully completed the specified program). CD CD JERRY CRITES Trainer Name (Print) 4/9/03`� Trainer Signature Date J Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(GX2). Completion of the Liquor License Training Courses is required at the issuance of a license. T' -�rson(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following c ,$), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. LC 1021 10rz001 Disabled individuals requiring special accommodations please call (602) 542-9051 w w U � w � � O O w U O 4� x U O � r-+ �? N � CCW4400 a Wa� N o xAx i Ts A gv�c7 � Q to FC/)F cd O°O!2° ?�Aw--w 0 a� C',00 - o � N V1 C (U Q 00 A o AV :l: o- FC/) a¢�¢ o � N a0Q a00 0 .. 5.. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 - (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION CITY/TOWN OF Fountain Hills STATE APPLICATION NO. 10074529 COUNTY OF Maricopa ARIZONA. 0TWTOWN/W TVNO. 107 ORDER NO At a Regular meeting of the Fountain Hills Town Council of the)QftyjTown/County (Regular or Special) (Governing Body) Of Maricopa held on the 15th day of May the (Day of Month) (Month) (Year) Application of Karen Elaine Naj jar-Jaradi for a license to sell spirituous liquors at the premises described in Application No. 10074529 , License Class # 10 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Karen Elaine Naj jar-Jaradi is hereby recommended for approval (approval/(, RaWVygR a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. qj_fxY/TOWN/00UWYXCLERK I DATED AT Fountain Hills .'his 15th day of May 2003 (Day of month) (Month) (Year) ' iic 1007 08i1997 Disabled individuals requiring special accommodations please call the Department ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 - (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 4 / 16 / 03 Date of Posting Removal: 5 / 5 / 03 Applicant Name' Najjar-Jaradi Karen Elaine Last First Noddle I;L1S1IleSS Address: 11829 N. Saguaro Blvd. Fountain Hills, AZ 85268 Street City Zip License #: 10074529 I hereby certify that pursuant to A.R.S. 9 4-201, I posted notice in a conspicuous place on the premises „proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Ravalvn J Randar Print Name of City/County Official Town Clerk Tide 480/837-2003 Telephone # 5/15/03 Date signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 lic0119 0311999 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 5/15/03 Contact Person: Tom Ward Requesting Action:® TvDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas)t ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the liquor license application submitted by Christopher Noteboom for Nick Morgan's Sports Grill located at 16737 E. Parkview. The application is for a transfer of a Class 6 (bar) license. Staff Recommendation: Approve Fiscal Impact: No $— Purpose of Item and Background Information: To obtain Council approval for a transfer of a Class 6 (bar) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo; Martinez memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: D artment HeadZ/ Town -MG nager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: 05/02/03 FR: Ken Martinez, Interim Town i�L`°' Marshal RE: Liquor License — Nick Morgan's Sorts Grill On Thursday, May 01, 2003 I received a copy of a fax sent by Phyliss Kern. The subject of the fax were Al & Noreen Kurdzialek. Ms. Kern objected to the new business, Nick Morgan's Sports Grill that will be operating at 16737 E. Parkview a property owned by the Kurdzilek's. Her objection stems from delinquent taxes owed by the Kurdzilek's to Maricopa County. Arizona State Statute does allow for a revocation, rejection, suspension and a refusal to renew if the Licensed Business is delinquent for more than ninety days. I contacted Maria Maldonado a Special Investigator for the State of Arizona Department of Liquor License and Control and explained the situation. Ms. Maldonado stated that so long as Christopher Noteboom & Noteboom LLC. are not delinquent, there is not a problem. Kmartinez;KLM;E:\My Documents\L.IQUOR Licenses\Liquor Approval Memo Nick Morgan's Sports Grill May 2.doc;Created on 5/2/2003 1:23 PM TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: May 6, 2003 Town Council FR: Tom Ward RE: Nick Morgan's Sports Grill Director of Public Work 'OK" Liquor License Application Christopher Noteboom is requesting Council approval for a transfer of a Class 6 liquor license for Nick Morgan's Sports Grill located at 16737 E. Parkview. A Class 6 license is for bar use only. A Class 6 license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 6 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. The applicant have applied for and received a Fountain Hills business license. On May 1, 2003 staff received a fax sent by Phyllis Kern. Ms. Kern objected to Nick Morgan's Sports Grill located at 16737 E. Parkview, a property owned by by Al & Noreen Kurdzialek. Her objection stems from delinquent taxes owed by the Kurdzilek's to Maricopa County. The Marshals Office contacted the Department of Liquor License and Control and explained the situation. Maria Maldonado stated that so long as Christopher Noteboom & Noteboom LLC are not delinquent, there is not a problem. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. M• Nick Morgan's Sports Grill Liquor License Application.doc Page 1 of 1 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 AFFIDAVIT OF POSTING Date of Posting: 04/08/03 Date of Posting Removal: 04/28/03 Applicant Name: Noteboom Christopher K. Last First Middle Business License #: 16737 E. Parkview Street 06070466 Fountain Hills City 85268 zip I hereby certify that pursuant to A.R.S. S 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Town Clerk (480) 837-2003 x115 Print Name of City/County Official Tide Telephone # 05/Of/03 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 Gc0119 03/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION Fountain Hills COUNTY OF Maricopa STATE APPLICATION NO. #106 ARIZONA. VTV/TOWN/ Y NO. 06070466 ORDER NO. At a Regular meeting of the (Regular or $ge of Fountain Hills held on the Application of Christopher K. Noteboom Town Council of the G4/Town/G66h* (Governing Body) 1st day of 05 03 the (Day of Month) (Month) (Year) for a license to sell spirituous liquors at the premises described in Application No. 06070466 , License Class # 06 was considered as -provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Christopher K. Noteboom is hereby recommended for Approval (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT Fountain Hills This_J�L day of 05 03 (Day of month) (Month) (Year) lic 1007 0811997 1 CIT3'/TOWN/C0MTV CLERK ' Disabled individuals requiring special accommodations please call the Department Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting, Department:: Com. Dev. Consent.,® Regular:❑ Meeting Dated; 5/15/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:l® TVpe'of Document Needinz Approval (Check all that apply): ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Plat Abandonment Coun'cil:Friorit (Cheek A ' ro riate Areas): P ❑Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only.❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation RegularAgendaWordnj: Consideration of a request to ABANDON THE FINAL PLAT of Coyote Run, which is a replat of lots 12 & 13, Block 3, Final Plat 603-A Amended, and revert back to lot 12 & 13, Block 3, Final Plat 603-A Amended, Case #S2003-04. Approve Fiscallinpact: No Purpose of Item and Background fiformation This is a request from Michael Namie, to abandon the "Final Plat of Coyote Run", an existing one lot residential subdivision. On August 18, 1994, Town Council approved the "Final Plat of Coyote Run", which is an assembly of Lots 12 & 13, Block 3, Final Plat 603-A Amended. Michael Namie, the current property owner, wishes to abandon the current plat, and revert back to lots 12 & 13 to allow the construction of a single-family residence on each lot. List'E111 A taclnments-as Follows: Staff Report; Application and Written Request; Final Plat Coyote Run; Plat 603-A Amended, Sheet 3 of 3 NA Si>;natitres'of Submittiva'staff. D(Partment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Recorded �^ Book— Page — FEE: $200.00 + $5.00 per adjacent Property owner Case No.: EA 2003 —I Yr. No. DATE SUBMIT TED: FEE PAID: Note: This is an application fee and is non-refundable. TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT APPLICATION Property Owner Name: G*ntAc(k W( Address: ,QfD ��/riS1101�n avrrcr+�1 K1uS Phone: 931 _ Address of Subject Property: _ Legal Description: PLAT 144 BLOCK_ LOT'I9W—T L✓ Please provide the following: 1. Letter from each of the six utility companies (gas company, if applicable) indicating no objection to the abandonment. 2. A sample copy of your letter sent to the utility companies requesting the easement abandonment including a map highlighted indicating the easement proposed for abandonment. Be sure the utility companies understand that you are requesting FAS M NT ABANDONMENT, A. Chaparral City Water Company B. Cox Communications C. Fountain Hills Sanitary District D. Qwest E. Salt River Project F. Southwest Gas (if applicable) 'Note: Reverse side of this document contains the name and addresses of these utility companies. 3. Submit a list of all -adjacent property owners and arc,trate addresses. When the above items have been submitted, the Civil Engineer will review the abandonment of the easement relative to drainage. If then approved by the Town's Engineer, the necessary legal documents will be drafted and the application for easement abandonment will be placed on the next available Town Council agenda (approximately 6-8 weeks from submittal). If necessary a building permit can be issued upon approval of the abandonment by the Town Council. Recordation of legal documents will be executed by the Town. G:\Easement Abandonment Application Form 1-29-03.doc 217/03 0 TOWN OF FOUNTAIN HILLS PLANNING & ZONING TOWN COUNCIL MEMO TO: The Honorable Mayor Beydler and DT: May 8, 2003 Town Council FR: Dana Burkhardt, Senior Planner RE: Case S2003-04; Request to abandon the Final Plat of Coyote Run, a lot join of Final Plat 603-A Amended, Block 3, Lots 12 and 13. LOCATION: 15445 E. Sycamore Dr. aka Final Plat of Coyote Run. REQUEST: Consider the abandonment of "Final Plat of Coyote Run", a two -lot replat (lot join) of Final Plat 603-A Amended, Block 3, Lots 12 and 13. PROJECT MANAGER: DESCRIPTION: OWNER: Dana Burkhardt, Senior Planner Michael Namie APPLICANT: Michael Namie EXISTING ZONING: 64R1-35" EXISTING CONDITION: Undeveloped LOT SIZE: 104,936.69 square feet (2.41acres) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "R1-8" SOUTH: Open space tract; zoned "R143 PUD" EAST: Single -Family Residence; zoned "R1-35" WEST: Undeveloped lot; zoned "R1-35" SUMMARY: This is a request from Michael Namie, to abandon the "Final Plat of Coyote Run", an existing one lot residential subdivision. On August 18, 1994, Town Council approved the "Final Plat of Coyote Run", which is an assembly of Lots 12 & 13, Block 3, Final Plat 603-A Amended. The purpose of the lot join was to allow the property owners at that time greater flexibility to construct a single residence on the subject property. Michael Namie, the current property owner, wishes to abandon the current plat, and revert back to lots 12 & 13 to allow the construction of a single-family residence on each lot. EVALUATION: The Town has received very few requests, if any, to abandon re -platted properties. The approval of this request will abandon the existing one lot plat and revert to Lots 12 & 13, Block 3, Final Plat 603-A Amended. Lots 12 and 13 meet the minimum required lot size and dimensions of the "R1- 35" Zoning District in which they are located. If this request is approved, the development of lots 12 & 13 are required to be consistent with Section 5.11 "Land Disturbance Standards" of the Zoning Ordinance, which limits the area of disturbance to no more than four times the footprint of the structure(s) or 20% of the "hillside" (slopes over 15% gradient) and 100% of the non -"hillside" portions of the lot. Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded subdivision, by Town Council approval. Staff has reviewed the number of single-family lots that have been joined since the Towns incorporation to understand the potential for future requests for abandonment under similar circumstances. The Town has approved approximately 18 lot join requests for residential properties since incorporation. Approximately three of those lot join properties have not been developed and may apply for plat abandonment if the property owners wish to revert back to two residential lots. It is unlikely that the Town will have any plat abandonment requests for residential platted properties in the near future. Staff finds that Lots 12 and 13 meet the minimum zoning regulations and site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of S2003-04; the abandonment of the "Final Plat of Coyote Run". PBA 1/02 The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona APPLICATION N tq T Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment For Official Use Only Case Manager: NATURE OF THE REQUEST: A�tnc�o,-�n� en � � � r� c � � coe d � �h � , � ►�5 ► � t1 �,�,r �l CA e- �0�1 PROJECT NAME Mrs. v Mr. Ms. 7 MrMrs. Appi t-1 IV U(Y1 k Address:�'-1'��? '4�1 1�1 (�c�Jn ;�z� i n Z cA59- City: N 1 Owner• ` n ` 1A(L Day Phone((,-L�4b5— State: A -1- Zip: Day PhonetAtb) AState: ��--- Zir.• �S' If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed,. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of Notary Public My Commission Expires TO FILE THIS APPLICATION. FILING DATE: FEE PAID:`"2L oU ACCEPTED BY: (See Fee Schedule) 59&0 - C K # -n31 to — Cgst) Application Page 2 of I 1 \.arn\Ge.-nefoi AAWCoiion . PUdK f+eonng OOC i 20 TO*J OF FOUNTAIN HILLS FEB 19 2003 PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION (cm,)Ae ' \o` (W-A')i Plat Name Block Lot PROPERTY ADDRESS e ��{ C Gi r1�10�(� 1 {sv C_ �z� t41 PARCEL SIZE (Acres` a y ASSESSOR PARCEL NUMBER V—I (.LLAk_.:j 010 NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: �QS LA tAll �11A 1 PROPOSED ZONING ' ` - I Jf_ ee 1 Application Page 3 of 1 1 E \Forms\General Application - Public Heanng.doc TOWN OF FOUNTAIN HILI_F Town Council Town of Fountain Hills 16836 E. Palisades Blvd. P.O. Box 17958 Fountain Hills, AZ. 85269 March 13, 2003 Dear Town Council, F E B 19 2003 This letter serves an official request to abandon a recorded subdivision pursuant to article 208 of the Fountain Hills subdivision ordinance. Our lot is Plat 381- 33, Lot 1 and the legal description is Coyote Run MCR 381/33. Address is 15445 E. Sycamore Drive. The current lot size is approximately 2.4 acres. Basically, I would like to split the lot back into its original two pieces. Original addresses were 15445 and 15457 E. Sycamore Drive. I believe the original legal description would be lots 12 & 13, Block 3 Fountain Hills Arizona Plat No.603. In preparation for this request, I had a preliminary driveway study done by Montgomery Engineering & Management, L.L.C. The study shows that a driveway for each lot is feasible under the current city guidelines. I would greatly appreciate your assistance in this matter. Please let me know if there is anything else you need from me. Sincerely, �A §S C (' - Michael Namie �+ al00 en d %'g���a e m }a x tc�- lid � I aa,�• ode lti ;� bo aF? b #e -ISM �yeme•6s _•E�e •5 E as ■ y 8 W b t4 ht •f + + o I Q � rQ e V) of J - O gd = 1 A o z1 N � � ai b� 0 / \J z a • • ,+ p J � "� �.• scaskes •8n. e:�t � � 2 loi' 1 sc! y���y Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 5/15/03 Submitting Department: Com. Dev. Contact Person: Dana Burkhardt, Senior Planner Consent:® Regular:❑ Requesting Action:® Report Only:❑ Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ® Other: Preliminary Plat Extension Council Prioritv (Check ADDromiate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of a request to EXTEND THE SPECIAL USE PERMIT and preliminary plat approval for The Villas Del Cielo Condominium project for one year, Case #SU2002-02 & S2002-06. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: K. Michael Snodgrass has requested a one-year extension of the special use permit and preliminary plat approval for "The Villas Del Cielo Condominiums", a 77-unit multi- family condominium project, located on Lots 2, 3, and 4 of Town Center II Final Plat. On November 21st, 2002, the Town Council approved this special use permit and preliminary plat with a 7-0 vote. List All Attachments as Follows: Staff Report; Extention Request; Special Use Permit; Site & Streetscape Plan Type(s) of Presentation: NA Signatures of Submitting Staff: De artme Hea Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: May 8, 2003 Town Council FR: Dana Burkhardt, Senior Planner T`i;�, RE: SU2002-02 & S2002-06; Special Use Request and Preliminary Plat "Villas Del Cielo Condominiums", a 77-unit multi -family project This is a request by K. Michael Snodgrass, to extend the expiration period of the approved special use permit and preliminary plat for "Villas Del Cielo Condominiums". The special use permit and preliminary plat were approved unanimously by the Town Council on November 21, 2002. The applicant has not received a grading or building permit for the construction of this 77- unit multiple -family condominium complex within the six-month expiration period (May 21, 2002) of the special use permit. The applicant has submitted development plans to the Town for review and approval. Please refer to the attached letter from the applicant for further details on the nature of this extension request. This extension request proposes no changes from the original approved special use permit and preliminary plat. Staff recommends approval to extend this special use permit and preliminary plat for an additional one-year period. Attachments: • Extension Request Letter • Special Use Permit • Site & Streetscape Plan TOWN OF FOUNTAIN N!I_!.,- APR 3 0 2003 Villas del Cielo LLP 1%W 16807 East Palisades Boulevard, Suite 204 Fountain Hills, Arizona 85268 April 30,2003 Mr. Dana Burkhardt Senior Planner Planning & Zoning Department Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85268 Re: Villas del Cielo Special Use Permit Dear Dana: Please consider this letter a formal request to extend the expiration date of the subject Special Use Permit, for an additional twelve-month period, to May 22, 2004. Due to world events and national economic conditions, we have not yet commissioned the preparation of the final plat and improvement plans. We do anticipate being able to do so in the near future. Thank you in advance for your consideration in this matter. Sincerely, K. Michael Snodgrass Project Manager cc: Robert Bezemer Dave Montgomery 4? that is t December 4, 2002 K. Michael Snodgrass The Villas Del Cielo, LLP 16607 E. Palisades Suite #204 Fountain Hills, Arizona 85268 Town of FOUNTAIN HILLS Community Development Re: Approval of The Villas Villas Del Cielo Condominium Special Use Permit, Case Number 2002-02 and Preliminary Plat; Case Number S2002-06. Dear Mr. Snodgrass: In accordance with the Town of Fountain Hills Zoning Ordinance provisions for residential uses within the "C-2" Intermediate Commercial Zoning District, a special use permit can be issued with approval by Town Council. After the property was duly posted and public hearings were held, Town Council approved this special use request. Therefore, this letter is to serve as the; TOWN OF FOUNTAIN HILLS SPECIAL USE PERMIT for "The Villas Del Cielo Condominiums" to be located at Town Center II Final Plat, Lots 2, 3 & 4 As a special use, effective November 22.,2002, the "Town Center Crossing Condominiums" shall be subject to the site plan approved as part of this special use permit. A grading and building permit for the construction of this multiple -family project shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the special use permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the use permit should be reissued for an additional time period or be terminated. Use of the site must conform to the Town of Fountain Hills Zoning Ordinance and the approved site plan for this special use. This letter also is to inform you that on November 21, 2002, Town Council approved your request for the above referenced preliminary plat with the following stipulations: 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 1) Prior to construction of any signage, a comprehensive sign plan for this development shall be administratively approved. 2) Prior to recordation, provide a letter of acceptance for the water service plans from Chaparral City Water Company. 3) The applicant maintain conformance with the "M-3" Multiple -family Zoning District regulations. If a separate thirty-foot No Build, Landscape, Wall, Drainage, Access and Sidewalk Tract is provided along Avenida Vida Buena and El Lago Boulevard, the underlying "C-2" Intermediate Commercial Zoning District setbacks may be utilized adjacent to the separate Tracts. 4) The Town Council approve a sidewalk on only one side of the interior drive aisle. (Approved) 5) All improvement plans, such as landscaping, irrigation, grading and drainage plans along with a construction assurance bond and Final Drainage Report must be approved by the Town prior to final plat recordation. 6) The applicant shall receive conceptual site plan approval for the amenity area prior to Final Plat approval. If you have questions regarding these approvals, I can be reached by phone at (480) 816-5138. Sincerely, Dana Burkhardt Senior Planner 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 c777777 0 Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Com. Dev Consent:;® Regular:❑ Meeting Date:. 5/15/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Type of Document Needing Auuroval (Check all that ant)l ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority' (Check At)nronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular,A fift"Wording: Consideration of RESOLUTION 2003-28 abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement over a portion of Tract "C" of Firerock Parcel M-2 Final Plat as recorded in Book 550 of Maps, Page 9, Records of Maricopa County, Arizona Case HPEA2003-01. Approve No Pury Z os I e of Ytem Arid Background Information:This is a request by Firerock, LLC, to abandon approximately 722 square feet of Hillside Protection Easement (HPE) platted over Tract "C" of the Firerock Parcel M-2 Final Plat, to allow the construction of a sanitary sewer force -main utility line. Due to infrastructure design constraints, the applicant is requesting to relocate the required sanitary sewer force -main line along the northern edge of an existing drainage structure located in Tract "C". 10El Siinatures of Sulmittin Staffs Vpartment Head Town Manager / Designee Staff Report; Resolution 2003-28; Application and Written Request Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING TOWN COUNCIL MEMO TO: The Honorable Mayor Beydler and DT: May 6, 2003 Town Council FR: Dana Burkhardt, Senior Planner RE: Resolution 2003-28; Firerock Parcel M-2, Tract "C"; Case # BPEA2003-01 LOCATION: Final Plat Firerock Parcel M-2, Tract "C" REQUEST: To abandon approximately 722 square feet of hillside protection easement over a portion of Tract "C"of Firerock Parcel M-2 Final Plat, to allow the relocation of a sanitary sewer force main line to be constructed. PROJECT MANAGER: DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: Dana Burkhardt, Senior Planner MCO Firerock, LLC Ben Dutton "R1-18 PUD" EXISTING CONDITION: Drainage structure and undisturbed open space TRACT SIZE: 7,038 square feet (.16 acres) SURROUNDING LAND USES AND ZONING: NORTH: Open Space, Firerock Country Club Golf Course; zoned "OSR-5 PUD" SOUTH: Fireridge Trail (roadway); zoned "R1-18 PUD" EAST: Hole #4 Tee Box, Firerock Country Club Golf Course; zoned "OSR-5 PUD" WEST: Vacant residential lot; zoned "R1-18 PUD" SUMMARY: This is a request by Firerock, LLC, to abandon approximately 722 square feet of Hillside Protection Easement (HPE) platted over Tract "C" of the Firerock Parcel M-2 Final Plat, to allow the construction of a sanitary sewer force -main utility line. Due to infrastructure design constraints, the applicant is requesting to relocate the required sanitary sewer force -main line along the northern edge of an existing drainage structure located in Tract "C". Please see the attached letter from Ben Dutton, dated March 20, 2003, for further design details on the location of the proposed sewer line. The proposed sanitary sewer alignment is located in a portion of Tract "C", approximately ten feet f' north of an existing storm sewer and rip -rapped drainage structure, also located within Tract "C". �r Prior to staff administratively approving the proposed sanitary sewer alignment, the applicant is required to receive town Council approval to abandon that portion of the existing hillside protection easement over the proposed sanitary sewer location. EVALUATION: The existing HPE located over Tract "C" was platted with the Firerock Parcel M-2 Final Plat. Aside from open space, the platted use of Tract "C" is also for a drainage structure to convey storm water underneath Fireridge Trail. The property is privately owned by Firerock LLC, and not subject to the Town wash regulations of Section 9-3-3 of the Town Code. The HPE to be abandoned is approximately 722 square feet in area with a relatively flat slope, located below the elevation of Fireridge Trail. Firerock LLC has not sold any of the residential lots adjacent to this HPE, due to the ongoing construction of the infrastructure improvements required with the plat. The area proposed for disturbance is visible only from the traffic on this short section of Fireridge Trail, and not visible from any adjacent residential properties. Due to the small area proposed for disturbance and the re -vegetation of this area after construction, the impact will be relatively unnoticeable to the community. Per the Firerock Supplemental Development Agreement with the Town, MCO properties have agreed to convey 341.35 acres of HPE over the entire Firerock property. To date, approximately 22.193 acres are remaining to be disturbed under that agreement and the development is nearing completion. Firerock LLC has agreed to allocate the 722 square feet of disturbance out of the remaining 22.193 acres of remaining disturbance area. MCO properties have agreed to revegetate this area back to its natural state, after the sanitary sewer line is constructed. RECOMMENDATION: Staff recommends adoption of Resolution 2003-28, which abandons approximately 722 square feet of HPE in Tract "C" of Firerock Parcel M-2, with the following stipulations: 1) The applicant provides a letter granting the allocation of 722 square feet of hillside disturbance area to the Town pursuant to Article 3 of the "Supplemental Development Agreement". 2) The Applicant shall receive plan approval for the revised sanitary sewer alignment, prior to construction of the proposed sanitary sewer line. 3) The applicant shall provide final treatment of the disturbed area with in the sanitary sewer easement that incorporates landscaping and erosion control as required by the Subdivision Ordinance. EXHIBIT "A" Page 1 of 2 MAY 7, 2003 HILLSIDE PROTECTION EASEMENT JOB #02147 ABANDONMENT DESCRIPTION A PORTION OF LAND LOCATED IN SECTION 28, TOWNSHIP 3 NORTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT 'C' OF FIREROCK PARCEL M-2 PER BOOK 550 OF MAPS, PAGE 09 RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE NORTH 00 DEGREES 13 MINUTES 02 SECONDS WEST ALONG THE WEST LINE OF SAID TRACT'C', A DISTANCE OF 27.67 FEET TO THE POINT OF BEGINNING OF THE ABANDONMENT HEREIN DESCRIBED; THENCE SOUTH 89 DEGREES 46 MINUTES 58 SECONDS WEST DEPARTING SAID WEST LINE, A DISTANCE OF 14.22 FEET; THENCE SOUTH 44 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 39.13 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF FIRERIDGE TRAIL, THENCE SOUTH 89 DEGREES 46 MINUTES 58 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 10.87 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 02 SECONDS WEST DEPARTING SAID RIGHT OF WAY LINE, A DISTANCE OF 16.24 FEET, THENCE NORTH 79 DEGREES 43 MINUTES 33 SECONDS EAST, A DISTANCE OF 16.01 FEET; THENCE NORTH 44 DEGREES 46 MINUTES 58 SECONDS EAST, A DISTANCE OF 26.35 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 58 SECONDS EAST, A DISTANCE OF 18.36 FEET TO THE WEST LINE OF SAID TRACT'C', THENCE SOUTH 00 DEGREES 13 MINUTES 02 SECONDS EAST ALONG SAID WEST LINE OF TRACT'C', A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE ABANDONMENT HEREIN DESCRIBED. SAID AREA OF ABANDONMENT CONTAINS 722 SQ FT. 35833 JASON A. SEGNERI ;� \�aa�5-�•os EXHIBIT "A" Page 2 of 2 T N L4j J W w m O 00 OJ 00 N OJ of N Q Z Lr ,n ui O r7 0 N 0 pq Z O) O� O a a O p -� M 00 t 00 O O O V) V) (n Z Z Z Z V) Z Z TW J N J I J u7 J CD J N00 J J O) J J w O Q Z F- Q Lz I F- O w W cn I O m x < ui w w I v0 Z I I pw Y � w0 O Z 00 It �mv F-Z — cn �Zw 0�� of0mO OZ) O Ow wm w O m N O vva -� a Z — — —a � J uiO I —L �} L8 L9 m U (J Y N � i II W O��O I Q�W(� cr 0 w� O a Z w a-U ``Zc r J W Oo L4I JI Z N wQn (ifm I ILL QQ wl- Q I z 3 I n � w � o o_ U) `` z z z o" na W OfevN �2 O = 3 f� � M� w Zko W m J d V N w zz O WFOS O z U 3 OO W � IE a Sq�O Qz Q O o Om H Q w u O Z w SD_Q J, f O b s O ..o c > W 444LLL � f h Q o � CO Cc z lu cm A 6 Od16 m a Recorded Book FEE: $200.00 + $5.00 per adjacent Property owner Case No.: EA 2003 Page DATE SUBMITTED: � 'V*hu Yr. No. FEE PAID: Agoys Note: This is an application fee and is non-refundable. TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT APPLICATION Property Owner Name: ftQEf�(�{r Address: (CQ�IJ ptl(,t�snpK &VI) 1a-W_Xo tylas Phone: .-.. �fd '931 qdM Address of Subject Property: Legal Description: PLAT rBLOCK_ LOT 1 k_T- C. Please provide the following: Letter from each of the six utility companies (gas company, if applicable) indicating no objection to the abandonment. 2. A sample copy of your letter sent to the utility companies requesting the easement abandonment including a map highlighted indicating the easement proposed for abandonment. Be sure the utility companies understand that you are requesting EASFMFNT ABANDONMFNT. A. Chaparral City Water Company B. Cox Communications C. Fountain Hills Sanitary District D. Qwest E. Salt River Project F. Southwest Gas (if applicable) 'Note: Reverse side of this document contains the name and addresses of these utility companies. 3. Submit a list of all -adjacent property owners and accuratp addresses. When the above items have been submitted, the Civil Engineer will review the abandonment of the easement relative to drainage. If then approved by the Town's Engineer, the necessary legal documents will be drafted and the application for easement abandonment will be placed on the next available Town Council agenda (approximately 6-8 weeks from submittal). If necessary a building permit can be issued upon approval of the abandonment by the Town Council. Recordation of legal documents will be executed by the Town. G:\Easement Abandonment Application Form 1-28-03.doc 2/7/03 Thursday, March 20, 2003 Dana Burkhardt Town Of Fountain Hills 16836 E Palisades Blvd PO Box 17958 Fountain Hills, AZ 85269 Dear Dana, EASEMENT FOR SANITARY FORCE -MAIN AT FIREROCK We are constructing a sanitary pump station and force -main at the very South end of Fire Ridge Trail in FireRock Country Club, and have reached an impasse in design: In one location, we are unable construct the force main in Fire Ridge Trail per the design, because of conflicts with other existing utilities and storm drain facilities. We are therefore obliged to consider an alternative alignment for a short length of the force -main (approximately 300') outside of the pavement. In this particular location, Fire Ridge trail is bounded by the reservation to the South, and the golf course to the North. Due to the close proximity of the roadway to the reservation, there is insufficient room to construct the force -main to the South of Fire Ridge Trail, and we are therefore restricted to considering an alignment on the North side of the pavement. We intend to align the force -main in an existing PUE adjacent to the ROW for the most part, but cannot do so at the location of a triple-54" pipe culvert. Because of required clearance over the storm -drain pipes, and required depth of cover to the force -main, our only alternative is to align around this conflict, immediately to the North of the headwall. This is in a tract (tract "C"), and will not affect any single-family lots. While there is an HPE recorded over this tract, we should note that there is also an existing drainage easement recorded around the headwall in this location for riprap. We propose to record a sanitary sewer easement in the same location as the drainage easement, and construct the force -main on this alignment to avoid further impact to the tract/HPE. We understand that it will take an action of the Council to allow a sanitary sewer easement to be recorded in this location, and we respectfully request that this be agendized for consideration as soon as possible. I JF 4 16930 E P \Lh\DEZ, BLVD.- FOUNTAIN HILL" AZ 85268 PHONE '480' 837-9666 \ 303 • F1\. 480, 837-1677 BDUTTO\ 4 MCOP ROPERTIFS.COM FIR�Roc� A legal description is being prepared, and will be available on March 27"'. In the interim, please find attached exhibits showing vicinity, a sketch of the proposed easement, and an image of the location. Please do not hesitate to contact me should you have any questions. Sincerely, Ben Dutton Project Engineer 2 OF 4 16930 E PiLI�AD& BLbD.• FOUNTAIN HILLS. AZ 85268 PHONE.:480) 837-9666 Y 303 • FAR: (480; 837-1677 BDUTTONC MCOPROPERTIES.COM Flrz.ERocK• Vicinity Map ++ •mac � � � OBR-1 + 05R-1 Location - See detail below f 'OSR-4 SR-3 x^- ff 1 P \ wtw - SALT RVO ?MIAA/SRIFQPa rypIM1,CA1�YuNIT'! zro Proposed Easement Iv I Detail Of Proposal v —="u•�'E— -� -� III g �,I .l— '6I I i OF 4 16930 E PALISADE BLED.• FOU\T \i HILL:, AZ 85268 PHONE '4W 837-9666 \ 303 • FVL (480, 837-1677 BDUTTOKC MCOPKOPERTIES.COM RESOLUTION NO. 2003-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING ALL RIGHT, TITLE OR INTEREST IN A HILLSIDE PROTECTION EASEMENT OVER A PORTION OF TRACT "C" OF FIREROCK PARCEL M-2 FINAL PLAT. WHEREAS, the Town of Fountain Hills (the "Town") holds a hillside protection easement over Tract "C" of the Firerock Parcel M-2 Final Plat (the "HPE"); and WHEREAS, due to infrastructure design constraints, MCO Firerock, LLC, ("Firerock") has requested that the Town abandon ± .017 acres of the HPE so that it may be permitted to relocate the required sanitary sewer force main line along the northern edge of an existing drainage structure located in Tract "C"; and WHEREAS, pursuant to the Firerock Supplemental Development Agreement between Firerock and the Town (the "Agreement"), Firerock agreed to convey 341.35 acres in hillside protection easements over the entire Firerock Property, and 22.193 acres remain to be disturbed under the Agreement; and WHEREAS, Firerock has requested that the Town allocate ± .017 acres of disturbance out of the 22.193 acres of remaining disturbance area under the Agreement; and WHEREAS, the ± .017 acre area of the HPE proposed for disturbance is visible only from the Fireridge Trail and is not visible from any adjacent residential properties; and WHEREAS, the Town of Fountain Hills Town Council desires to abandon whatever right, title, or interest owned by Town in the HPE to allow for the relocation of a sanitary sewer force main line to be constructed thereon. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That whatever right, title, or interest owned by the Town in ± .017 acres of the HPE generally located over a portion of Tract "C" of Firerock Parcel M-2 Final Plat, more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby abandoned. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps. necessary to carry out the purpose of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 15, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: �w ,--/ -?;- Tim G. Pickering, Town Manager 9196.001\Res\2003-28 HPE aband.res.doc 5-8-03 Bevelyn J. Bender, Town Clerk APP OVED AS TO FORM: c An J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular;® Meeting Date: 5/15/03 Contact Person: Andrew McGuire Requesting Action:❑ Tvve of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: report Council Prioritv (Check ADDronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: REPORT from the town attorney on the status of the Gibson lawsuit. Staff Recommendation: FiscaItiapaett No Purpose of Item and Background Information: A letter from either Attorney John Doyle or Southwest Risk regarding the status of the Gibson lawsuit will be provided next week. Town Attorney will provide an oral report at the council meeting. No council action is needed. List All Attachments as Follows: none Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Town Manager / Designee eAagenda cover sheet\gibson lawsuit.doc Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Regular Meeting 5ubmittin -J) tra m nt Administration Meeting Date: 5/15/03 Contact Person: Pickering Consent.❑ Reguiptw® Requesting Action:® T ne # ik I?c unient l i edin t r al Gt h k all,.that anttll ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Budget Coi Aft ritot­C 6k Awrt briate Areal: Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Re&Mr Agenda Wafte: REVIEW AND CONSIDERATION OF ADOPTION of the tentative budget for the Town of Fountain Hills for the 2003-2004 fiscal year and setting the final budget adoption meeting of June 5, 2003. All aspects of revenues and expenditures will be discussed and considered. Approve Yes $18,665,838 Parpo e:ofltem Backgr Ond Information: At the May 15th council meeting, I will provide a presentation on the proposed $12.6M general fund budget and all -funds budget of $18.6M, which includes the general fund. Lid ? W At Ablints-a o o Council was provided with the proposed fiscal year 2003-2004 budget on May 7 b for their review and consideration. PowerPoint Department, Town Manager / Designee eAagenda cover sheet\budge tpresentaiton.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MANAGER MEMORANDUM TO: Honorable Mayor Beydler and DT: May 9, 2003 Town Council FR: Tim Pickering, Town Manager RE: Budget Presentation At the May 151h council meeting, I will give a power point presentation on the proposed $12.6M general fund budget and all -funds budget of $18.6M, which includes the general fund. In preparation for this presentation, please read the first thirteen pages, which give an overview of the Town's financial picture for fiscal year 2003-2004. During the power point presentation, I will concentrate on personnel issues, large contractual, and capital expenditures. I will also give an overview of the previous cuts that were made in November 2002 and how many will continue. Once the presentation is complete, staff and I will address your questions. Attached please find a memo from our accounting supervisor that outlines the budget adoption timetable. Staff is recommending adoption of the tentative budget on May 15, and to set a final budget adoption date of June 5, 2003, as time is required to input the entire budget into our accounting system before the beginning of the next fiscal year, July 1, 2003. Please note that the overall amount of $18,665,838 cannot be increased, only decreased, after the adoption. Individual line items can be adjusted up or down, but the overall maximum cannot be exceeded. Any changes to the budget, such as passage of the fire and EMS property tax or the final rating from the U. S. Justice Department, can be accommodated within the parameters of this budget. Staff and I have put in over 380 hours preparing revenue estimates, working in justification meetings, creating charts, writing documentation and estimating expenditures to provide this budget. I would be happy to answer any questions you may have prior to the May 15th meeting. Please contact me at your convenience. Stein/E:/Pickering/budgetpresentationmemo.doc/5903 TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Mr. Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting Supervisor Administration 1--l1.. l - . DT: May 6, 2003 RE: FY 2003-04 Public Notice and Adoption State law requires that onvor before the third Monday in July of each fiscal year the Town Council must adopt a tentative budget (Fountain Hills is scheduled to adopt the tentative budget on May 15, 2003). Once the tentative budget has been adopted the expenditures may not be increased with the final adoption, but may be reduced. The budget must be published once a week for at least two consecutive weeks following the adoption. The tentative budget must be fully itemized in conformance with forms provided by the Auditor General's Office (copies attached), specify the date of the final adoption and made available to the public in the library and Town offices. There is no specific date set by state law for adoption of the final budget; however, there is a deadline for adoption of the property tax levy — the third Monday in August. There must be at least seven days between adoption of the final budget and adoption of the tax levy which brings the final budget adoption date to the second Monday in August. The schedule for publications would be as follows: Tentative adoption First Publication deadline First Publication appears Second Publication deadline Second Publication appears Final Adoption Adopt Tax Levy Thursday, May 15, 2003 Friday, May 23, 2003 Wednesday, May 28, 2003 Friday, May 30, 2003 Wednesday, June 4, 2003 Thursday, June 5, 2003 T� , July/, 2003 If you have any questions I would be happy to answer them. cc: Town Council Attach: Auditor General Forms for Published Budget, FY 2003 � J ii 60 GL _ � J ^7 U U u _ _ a - L L v C- A U `v U Q H v Q C - U 3 c - X � u - c. G G O 0 0 3 r^. G cj � U > O C 7T O N c C � c � � � L Q � C o � 3 O u > N L N c O � o - N L � U c ] > � � C s 3 u 3 Vf C _ G O `414/ e pL oJ1i � 3 � F- o T :J C L N L � o N L !/: U c. c - � L X L u - Z 7 - J N � _ ¢ u 72 3 = c > U T _� - G y - X M - _ U 7 Y J _ r". x c 3 (5 °1 W0 O O) ` °p O W p¢ uj w m m t, r e o c m vuj if L7 O W N O N M m N : m N C N O Z ILO -+ 1r 7 W x N maw x LU N Q N N O N (n Z W 1D R O I O 1 z¢ M 0 g c ` $ LL=JS C ui of M N G F Q Q O N N m ¢ A^ O o o '^ e e W LL O m (o N O m e Z v N Q M ¢ O Z N N N c N W Z M PNf Z ^ N N C A O $ Ol l 10 n Q/ W z cn M Q C n tND W H V Z N Oi O1 N d Q o ^ Q1 Z N N Q C LL O ¢ N W w O o N O Ni fA IA O CL ccOCY o N N � N co N x O p o v v x w O O O N N N N y m c N J? ,N'. p N M H Z d N > Ri H ] h=- 1+- En QZ¢aw t0 °° ry m (n 1: Q (I H Q>. W x p N >= O Q$ M O M N t0 M C Z a F- y W r¢ H N N N N - m m Lu a O LL ELL LL N Z O a � (n H W ., Z W U W x 7 0 w O`o ¢a<wo v GI H j 00W N a R` O E O y ¢ u a N (n u c (,1 y p uj uj j -� N N O Ol n O/ N w N o c O w = E �+ 0i ¢pUuj O N ^ (9 LU Z Q¢ E J W Q- N E p Q Q W Z m LU Z O w - c y Z Z' ] O E CL N N a - x Of M O O C Q w C N d d W (A M OI 1D N O O. N U C .�. j h' Z o 07 n n co m o ci x d a N d F" z W UZao N N O o C Z d lu c N O lu CL x d m Q W X x x W H N D � w N c o c o N d d J a G �! � 1rL 0 p O¢ y W O W iV H W F m 0 Q f° of O m O N m C N 0 N N n N e w d D ` d a R u D E d in a d N O > p U p W o p C! W X Q mm M N N N m p O a Z D d D y j O O U N Q m x w X m Q m J Q W W N_ W ^' N d d d C Q 7 c W > V O 11 N � LL > ` C d C O u W 1n o H C LL w O D z c C W W w wu c E a` O C > C wc > ° d a y - > > > w a v h c " `a E z LL LL ¢ > N= C w N d W 7 a w d v d a W A N¢ p m c a C7 m 0 a w w H J 10- U 0 Q N M e vi �o n m ai 0 a E a L y y m n E d ' t d_g u A N a C > Y C C A p O C L ~ o > - d U O m C t Q ` W 4 t t = d T D C U d = a 2. a w ° ° q d n � a u a d w u w D t E d ; L O E ; o w w E G - G w , d - d + E = c t E d H Q u w D N � w A w D O W w m y u w N D d E > C w N O L N O O 0 d D a c c a j M r o g o M o D n ° n Q a C d ° d 01 C C n > cd E D t ; n 0 p Mn p N c c e 4 a E g d g C _ D g n� � ; E U. c° 5 d w r D V u O , N 0 to TOWN OF FOUNTAIN HILLS, ARIZONA Summary of Tax Levy and Tax Rate Information Fiscal Year 2002-03 1. Maximum allowable primary property tax levy. A.R.S. §42-17051 (A). 2. Amount received from primary property taxation in the 2001-02 fiscal year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S.§42-17102(A)(18). 3. Property tax levy amounts A. Primary property taxes B. Secondary property taxes C. Total property tax levy amounts 4. Property taxes collected' A. Primary property taxes (1) 2001-02levy (2) Prior years' levy (3) Total primary property taxes B. Secondary property taxes (1) 2001-02levy (2) Prior years' levy (3) Total secondary property taxes C. Total property taxes collected 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate (3) Total city/town tax rate B. Special assessment district tax rates 2001-02 2002-03 FISCAL YEAR FISCAL YEAR S 0 S 0 $ 0 S 0 $ 0 1,379,000 1,206,350 $ 1.379.000 S 1.206.350 S 0 S 0 S 1,516,700 $ 1,516,700 S 1.516.700 0.5600 0.5600 Secondary property tax rates - As of the date the proposed budget was prepared, the town was operating two (2) special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the town. 0.0000 0.4458 0.4458 'Includes actual property taxes collected as of the date the proposed budget was prepared plus estimated property tax collections for the remainder of the fiscal year. 5/02 SCHEDULE B TOWN OF FOUNTAIN HILLS, ARIZONA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2002-03 ESTIMATED ACTUAL ESTIMATED SOURCE OF REVENUES REVENUES REVENUES REVENUES 2001-02 2001-02' 2002-03 GENERAL FUND Local taxes Local Sales Tax $ Franchise Tax 4.500.000 $ 4.350,000 S 4.300.000 130,000 130.000 130.000 Licenses and permits Animal License Fees Business License Fees 23.600 23.600 Building Permit Fees 80.500 80.500 RezontneNanance Fees 1,600.000 1,000.000 Improvement Plan Review Fee I5.000 15.900 30,000 25.400 Intergovernmental State Sales Tax State Income Tax Vehicle License Tax Fire Insurance Premium Tax Charges for services Parks B Rec User Fees Encroachment Permit Fee Subdivision Fees Fines and forfeits Court Fines 10EF/CCEF Revenue Interest on investments Interest on Investments In -lieu property taxes Community Center Rental Fees Bar Sales/Commission Miscellaneous Leases Miscellaneous Total General Fund 1,617.000 1.578.000 2,110.200 ? 110. 000 630,000 650,000 0 0 187.300 188.000 90.000 181.700 15,000 35,000 312,700 280.000 6,000 8,850 350.000 175,000 20,700 70,000 0 40.000 36.600 36,600 12.000 240,640 $ 11.766.600 S 11,219.390 25.000 65,000 700.000 15,000 15.000 1.500.000 2,100,000 160,000 28.000 190.000 50,000 15,000 260,000 —_ 0 150.000 100.000 35.000 36.600 12.000 $ 10.386,600 •Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated revenues for the remainder of the fiscal year. 5/02 SCHEDULE C Page 1 of 4 .00, TOWN OF FOUNTAIN HILLS, ARIZONA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2002-03 SOURCE OF REVENUES SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway Users In Lieu Payments Interest Miscellaneous Total Highway User Revenue Fund Local Transportation Assistance Fund Local Transportation (LTAF) ESTIMATED REVENUES 2001-02 S 1,200.000 40.000 0 500 ACTUAL REVENUES 2001-02' $ 1,200,000 25.000 8.000 0 ESTIMATED REVENUES 2002-03 $ 1.310.000 20,000 2.000 0 $ 1,240.500 $ 1,233,000 $ 1,332,000 110,000 110,100 110.000 Total local Transportation Assistance Fund $ 110.000 $ 110,100 $ 110,000 Excise Tax Special Revenue $ Transfer from General Fund Total Excise Tax Special Revenue $ 0 $ 0 $ _ 0 Grants $ $ COPS Universal S175.656 Hentage S 175,656 liiw il AZ Commission on the Arts $237,300 $0 Gang Task Force (GETUM) 52.500 52 500 FEMA -Fire Department S45,800 $16,670 $0 $0 RPTA (Transit Grant) SO Miscellaneous Grants $65.000 $500.000 SO Total Grants $ 961.256 $ 259,826 S28.900 $0 S4,000 $0 $83.000 $75.000 5750.000 $ 940,900 Total Special Revenue Funds $ 2.311.756 $ 1.602.926 $ DEBT SERVICE FUNDS General Obligation Bonds $ Secondary_ Property Tax 51,379,000 $ Interest 51,516,700 $1.000 S 1.000 $ 1.380.000 S 1.517,700 HURF Street Paving Transfers $ $ Eagle Mountain CFD 136,650 136 .650 Cottonwoods Improvement Distract 361,650 1,136.650 4.650 4,529 S 502.800 S 1.277,679 $ 0 $ 0 Total Debt Service Funds 2,382,900 S 1.250,000 S2.650 $ 1.252.650 126,000 1.308,179 4.500 $ 1 d'2R A'70 $ 0 $ 1.882.800 $ 2.795.379 $ 2.691,329 'Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated revenues for the remainder of the fiscal year. 5/02 SCHEDULE C Page 2 of 4 FOUNTAINTOWN OF HILLS, Summary by Fu d Tyypeof Revenu sOtherr Thann Pro e Fiscal Year 2002-03 Property Taxes n SOURCE OF REVENUES CAPITAL PROJECTS FUNDS Marshal Department Development Fees Interest Total Marshal Department Street Department Development Fees Interest Total Street Department Parks & Recreation Development Fees Interest Total Pants & Recreation Department Open Space Development Fees Interest Total Open Space Developtment Genera) Government Development Fees Interest Total General Government Community Center MPC Land Preservation Library Museum ESTIMATED REVENUES 2001-02 $ 0 0 $ 0 0 0 $ 0 0 0 $ 0 0 $ 0 0 0 0 0 13.700,000 1.422.500 $ 15.122.500 Total Capital Projects Funds $_ 15.122,500 ACTUAL REVENUES 2001-02• 13,500 100 $ 13.600 165.000 1.000 $ 166,000 195.000 1.100 $ 196.100 200.000 1.200 $ 201,200 200,000 900 $ 200.900 362.500 13,826,973 1.530,431 $ 15.719.904 $ 16,497,704 ESTIMATED REVENUES 2002-03 8.160 350 $ 8.510 80.835 3,400 84.235 288.150 4.500 $ 292.650 320.790 47,000 $ 367.790 $ 118.830 4.200 $ 123.030 2.100.000 0 0 $ 2,100.000 $ 2,976.215 'Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated revenues for the remainder of the fiscal year. 5/02 SCHEDULE C Page 3 of 4 In TOWN OF FOUNTAIN HILLS, ARIZONA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2002-03 ESTIMATED ACTUAL ESTIMATED .00� SOURCE OF REVENUES REVENUES 2001-02 REVENUES REVENUES 2001-02' 2002-03 PERMANENT FUNDS $ 0 $ 0 $ 0 $ $ $ $ 0 $ 0 $ 0 $ 0 $ $ 0 0 Total Permanent Funds $ 0 $ 0 $ 0 ENTERPRISE FUNDS $ 0 $ $ 0 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Total Enterprise Funds $ 0 $ 0 $ 0 TOTAL ALL FUNDS $ 31,083,656 S 32.115.399 S 18.437.044 Includes actual revenues recognized on the modified accrual or accrual basis as of was prepared plus estimated revenues for the the date the proposed budget remainder of the fiscal year. 5/02 SCHEDULE C Page 4 of 4 TOWN OF FOUNTAIN HILLS, ARIZONA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2002-03 OTHER FINANCING INTERFUND 2002-03 TRANSFERS FUND GENERAL FUND <USES> SOURCES 2002-03 IN <OUT> Transfer from Mancopa County $ 1 070 OOp S S S Transfer from MPC ivt Y) Transter to Excise Tax Fund 1 000 000 Transfer from Development Fees 1 L075.000t 137.300 Total General Fund $ I o70 00o s S 1.137.300 S i1.075.000) SPECIAL REVENUE FUNDS Transfer from General Fund Local Sales Tax $ S S $ Transfer from Street Development Fees 1.075.000 245.845 Total Special Revenue Funds $ DEBT SERVICE FUNDS S $ 1.320.845 S Total Debt Service Funds $ $ CAPITAL PROJECTS FUNDS General Govemment Development Fees $ $ $ $ Municipal Propertv Corporation Street Department Development Fees (137.300) (1.000.000) Total Capital Projects Funds $ (245.845) PERMANENT FUNDS $ $ $ (1.383.145) Total Permanent Funds $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ TOTAL ALL FUNDS $ 1070000 ; S 2.458.145 S (2.458.145) 5102 SCHEDULE D TOWN OF FOUNTAIN HILLS, ARIZONA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2002-03 FUND/DEPARTMENT GENERALFUND Community Center Municipal Court Town CourcO Admrmstriton Information Technology Commumty Development Bwidurg Safetv Public Works Recreation Parks Marshal Department Fire DePartmcnt Conungencv Total eneral Fund SPECIAL REVENUE FUNDS Highway Users COPS Universal Heritage AZ Corttnussion on the Arts Gang Task Force (GETUM) FE.41A - Fire Department RPTA (Transit Grant) Excise Tax Special Revenue [and Preservation Downtown Development Miscellaneous Grants otal pecial evenue Funds �T SERVICE FUNDS ral Obligation Bonds Bond Payment - GO Bond Payment - lakeside Bond Payment - Lbrarv/Museum Bond Pavment - Mtn Preserve GO Special Districts/MPC Debt Service: Bond Payment - HURF Eagle Mountain CFD Bond Pavment - Cottonwoods 1D. Total Debt Service Funds CAPITAL PROJECTS FUNDS Marshal Department Development Fees Parks & Recreation Development Fees Open Space Development Fees Community Center MPC Lind Preservation L.Lbra v Sluseum Total Capital Projects Funds PERMANENT FUNDS Total Permanent Funds ENTERPRISE FUNDS Total Enterprise Funds TOTAL ALL FUNDS ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL 140 EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ BUDGETED EXPENSES APPROVED EXPENDITURES/ 2001-02 2001-02 EXPENSES EXPENSES 2001-02• 2002-03 $ 1.441,658 S S 1.239.850 S 660.704 330.650 104.660 324.256 327,470 3.854.100 91.160 62.160 30L.190 2.754.950 3.003.400 0 198. 900.00 184.555 609.050 337,250 409.510 1,546.940 516.700 501.700 746 L132.680 1.205.200 .940 2.128.770 738,758 742.850 2.676.390 900.435 830,620 0 '_.612.450 2 .658.380 50.000 0 2.361,270 300.000 50.000 $ 14,196.428 S 0 S 11,147.389 S 12.997,819 $ 1.933.287 $ $ 2.040.306 $ 1.691.006 175.656 175.656 28.900 1.237.300 2.500 0 45.800 2.500 4.000 0 16.231 0 0 0 83.000 65.000 75.000 0 0 472, 000 605.000 500.000 50.000 175.000 $ 3.894.543 $ 0 $ 0 750.0or j 2.821,993 S 3.411.9C 339.000 339.000 354.000 142.000 142.000 137.500 397.000 397,000 3 00 640.000 401.100 513.13.500 136.650 136.650 126,000 361.650 318.350 1.308.179 4.500 4.500 4.500 $ 2.020.8 00 S 0 $ 1.738,600 b 2.828.679 0 0 0 0 80.950 00 0 15.000 0 13,700.000 362.500 400.000 13.400.262 0 1.422.500 1.443.572 0 $ 15.122,500 S 0 $ 15.287,284 $ 415.000 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 35.234.271 S 0 S 30.995.266 $ 19,653.404 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was Ppe�ared plus estimated expenditures/ pexpenses for the remainder of the fiscal ar. SCHEDUEE E L� kT. b.Q � Ct ct PENN ct .� 4 A W ^� N 0 E� m 4-4 ^ � GCS to ct Q ct 4� ct 00 Z o ct � • 'ct U w C� i? 0 M 0 O N 03 te 2 ►� om PJ E H u a� — V5 F S1 a o � 1�1 d Z a Wr ppp� N CD W zul E _ i ZR t� FGNr � r7 .o i r COD 3 t � 00 �`+ w U � u ra Q F iG C Vi 1-4 V '-- C� i"'i U cd 97.' • cn is cn 60 cn N 4-04 cn CA CIS r.-(::�cn b o m CIS oEn w cn �--o .o r. ct ct H a, by 'd � r^ A Q O M O w �I 4., 00 110 14G N N �0 N r-+ O O 0 4� N l- "D M H a W) g It g N O� --z V) C� do '-+ 00 p to 8 00 00 M M Q E..� M N N �--i N� �--i 64 6R b4 b9 M b4 (f? b�4 is 6q Eii 164 64 g 4400 00 N M N 4G3 ¢A 8 Q O � � � M .......... g g g g g N w N [- � N � b�4 44 6F3 64 64 N 0 --� 00 M A M N n ,.,.� l6q b4 64 b4 6F3 b4 b4 Q � �bxx e c� . Lncn � s�ll�l����� cq �WV�009�IlaIn�2 .. ,4%W cd a a � 0J � k N 4 N 4.) bR N I.4 Ems-+ w ae � O N Pi y N y y w U a c0 F U cl U CO) cn U 4-- 4� >1 N y U N U •— N _ 4� D rAcn U v] ,% W bA M� F+i C� I --I O M O w A z w .� o o r, m o cv v-, a, v-, tn o 0 0 0 o M v c- o 6 vi M I: 7_ O O �D Oi o0 O O O N vj c0 •-+ r) 0'n CA 4 O Mm 'D r14 O N O O OMi O� O� S O O V O S OO Ln 0 0 0 0 0 O � O M Oo O N N N O oo v M h p v) �O O 00 O� v) N ^- v) v) v'i O 00 v) m O V') O N % N� 00 � � N N dam' en bA OO � N Gz. o� o oo wog �������5 00 N 000rN ON N- 6 W)� C v) OOOOO et --� O O N N O � W � W O p p OOM p O OS0000.n 80 CNO OV? O•--� O� O O Ol� ON to v O V v O OO�O 0-r �000 W) 0 tn ^O MM M O a N O Esi O 00 --� �O M O [� o 00 •--� O a� M [� [� M N � M V) Q` t` h kn Ol �O DO O N M h W) en r- M 00 M - 00 C, O_ t` vi v� M r-: 00 r-: � 06 N N In MM \0 o to - t` O M -� N w 01 00 00 e-1 w --� M N .�. N Q ~ 66 G7r -r et Soo l-- '. N h N �O N t� oo t- O N pp \O W) O �--� M I M N W �O �O In �--� O S N r to OQ \C O t S N �-+ V) a, N O kn Vq — N l- N a, l- �--� �O d' 00 ON [� O N Ooo�O N 00 r mrzz N 00 �cf [- O 44W N 06MN N In ;vivid �O N l- .--i -+ N 00 00 00 �O h ON 00 M M [ � N h N C >. tz W y :d W uuCa N v�wa.xuAQ4L aa a� '� o �' •" O p4Cnv>>L. - CQpqu F 0! 1 pprv.F dew "i"rz 2 wrr 9, {� A e N� o ., �j •' O O N oe a H 0 q0 e S QQ0 S sSo S QQe 5 44e S Qe S qq$ S N N N N N N N N M O O 4-J tj N �, t -1 S•-,, G� ~ O N cl —4 'CS N b�A O 45 N �_ N cl � 4 CA 0 coo o 4-4 o ° ° Cl 4 cn � ° � o N O N } U ° cn �} � N O V , 4coo o cd O s--4 O00 c�i� `n N O Cf)cn in . . . . . . . . . . . U N N i�03ct cn O � b o � ct � U cn O y bg p '�, 'b N O U cn c ° U O U V CIO �:s c� OU 00 C3 NCt 4-1 .� 4 c cn N cn C7 N -b U U Q U � � O � � M O U NO C/] C/1 O\ U w u ct N00 ct4-J U rA 64 b� 0 0000 �r U �4 W., •9 a w le 4-4 O 4-4b � O N bUA ct - -4-+ > � O C'n on t� � 0 p•, r, '0 M bb . c� 1:14 O N a O U.) Cl o 83 C3 U I I O 0 O •O ,7•+ w c� c� N �En Cd in 0 con 0 In U Q� .�� U.� C/)N-0-4 pqrq U0.� U w �r N N kn [- � O0 M C� M CD r O 0000 � O Mn M 00 (n O O O O O O O C oo -oo N M Cl O N Cr� O O� �1' 0000 0000 000 try m M in 000 v1 M W� N r4 N M bl4 ii4 r o-o�n000�no "D N tn-4 W)W) a\M \00000 rno OO OOO CCNO �,� N � N 00 u? O N O Nt Nt r O v1 M O N et M o0 o0 N 0o --� O cV in M M v i 00 W) N �p 00 [� M v i �n \.p p 00 `p t� [� \p �z O� 01 M M O --� M O\ M �O I- in kn N M N N N 00 ri n 1N4 big OknO OOO M00r-! S kn kn n O$OOnO N •-� W) �`? ONqpN00O [- 00 Z ON M le O M `� O� 00 N ;' N 00 I kn o0 m -� N N r•+ ^-� ri N 5F� M oo �O M N tn l- N ON 00 1-4 r- OMOS in -4 �Nto N 't 00 n ol NF- NN rNl CNN� -+ o0 N W) 00 -t M l- - 00 00 O o0 M en O N ~O 00 N M N ^� N � " � M •--� r-i .-. M zu- ^' to 00 O O M O O O 00 �O N N N 00 n 'n 'n N O M 1%0 O r N vi M 00 o0 �o o0 vi ? r- kn ? d r1 of �c to oo �,o V �0 M M O 1 O\ N .* M N N Ncc -� it b v� U o on •a � v a a� U w o qA �� 'S,o eoe 0. o ��' A � W a � b p ad' W� CQ o � :.� a� � A � � � � •- o .o � HHH� iA W w w wda�alarxaUiwz W—G O . �U-1 •� o � "C bOjp op ct pp u w �U U w.�� W� A z w 1 1 I 1 I I I I I I I I I I I t I O O � i I I I I I I i I I I I 1 I I t i 1 o N N I I I 11 I t i I 1 I I 1 I I I I I 1 1 I CD mCD I I I 1 I I 1 I I I I I I I 1 I 1 I I I i I I i I N N 1 I I I I I 1 I I I 1 1 i I I I 1 I I t 1 I N M O CDCD ^+ 1 1 I I I N N I I I I i I 1 I 1 I I I I I I I Al I I I 1 I I 1 1 I O CC I I I 1 I I 1 I I N I I I I I I 1 I I I I I 1 I I I I I O O I 1 I I I I 1 1 t I I I I I I I I I p O N N I I I I I I I I I c O CD i 1 i 1 Q, o O cz V 1 I 1 1 I 1 1 I I I 1 I I N /�y'� W I 1 I I 1 I 1 I I I I I I I I I I LL I I I I t I I i I I i I I 1 1 I 1QQO 1QQ IQQ IQQ IQQ QIQ QIQ QQ QV V Q� Q QV QV QV QV ,^Vr� QV 8 V �Opp �Vpp 69 6-3H3 69 60:j 69 69 69 64 SO N o~O M C� P N , O N 1�� N M N � 69 � 6�3 6"9 � 64 f,4 6q ioll Clf 8^tr) V1 V') o_�ppo_��}�pQ8^� V) OO �O p� y N n N h am, ��Mpp 2 G� N •�' 00 69 6R 64 fo.)- f14 64 � N 64 � � o S Co y Viz" W� • a 69 ioq o �' C,��n�pp��� •- M C) 64 N "I 000 V1 oNo O N n O- l � rw-, a 00 t om" V~1 O� ON 64 N � C� o9 �\DD O PC b4 6~9 6~4 H—Z �N+ d a W � a M g g 0 0 CN 0 00 0 0 Q l� N N N kn fir- cQM v 64 N �! — �D Es4 �O 4 M M 6R q 00 N FQ 6 64 �qU V •Q w t7 �+ V d .� cqs cc40. 'a� � � cd Q z� 6M4 pp1 69 �O d9 M 12 y y a�y P4 0 w ��b Q G co cg c� R2 a "O b 00 ima M �pHpp op gkg H 14 �9 �pppp O a R i (Opc�� ppO O �pDp �ppD�Q ��pO}• oO � Q A r h � •b .Q •� _Q M N •s O 14 A o, Cg Q b b b Q .-V v] u.� Q c7 SZ .Q .Q .Q .Q .Q a� c0 � � � W w CM CZ in �n Cn cn cn c g .-: (V c'•'i , v'i �G l� OG 01 o .~-� ����`��°��;C C N cV M N ct ►] .. z 04 z � O N 0POO � � N � W O � � V 0 h T�h � V-) r--q t O O OI 7t � OOO O00 Nt � O N O el \O N � OO tn tn all\ r INC kn .--I U C� Rj CMS r--I I�+�•1 MCt W U ;Z � Ct cncn ►� E02 I U 0i ,N I+ N 00 w o �, o U• 4 � . w ti � � as a a a U i Cw7 rig � M, Vd M O w 4 U U � O -d U O 0 kr) � Uct cd 1 = U O O N *C� � � M N U ~ `p N 4c. -u d' o 0 I 1Pa � w o M o O o o � N M O a � i 7 U � � Q N w a o o M o o N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ri d4 d4 iA ER iA ER � O � o 0 0 0 .o o U Con cn C., cn cn W) O O (= (= O O O O O W) d' O O O O1r) O O O Nt[ O O O O N W N V) O� tf 4 O O ,O � O o0 O 00 M It V7 r— O V) M M N N Q� 'rQ'S 64 64 bg 64 64 6S 64 6i4 bF} An C6 W Q75 QI O cn U Q U U � � •.� cn U U N o ff E� w w a� cn U C's m ub cn cn En ►c W U _z z w H z x a wa �a ..w C7 v� 00 O O V1 N ONO in u � w o W � O U '--� M a t!1 4-J v M Z O O O 00 Z N O O � -Eo} -Eo} -b} ZN O _y 8O N cd w ct � o ►_ ►0 Liq KA-1i 03 1� M O w N t; �D plat Lii Ytf�F Q) M \O E!3M O M (N� Q O • ..{ o U d o Q� M N N � O U _O E-2: 0 0 0 0 0 ff? Ef} ff3 ff3 r� T rp O � ct l cn O p • .-, DO -E� v oe W x a r aid s r Q O � O M b n w �- C� CL C 4-4 O ct r� T � O 4-4 i v r /t T ;CS L L S.t � rCL M,b 1i ►� 2 4� � O � (U Cat) o a u ct Ct Q U ct ►, E W cn a C7$ a 1 ct cc N ct V bjp Cl bb �o 00 � o •�•= as a CA a ,%W Pp T U "C� �-I--I M � Cc3 bA u U • O ," U M • CA �+ , cn p Cl) O c � c� A -" ►, N OV1 vl � O 8 O Ian Cl) N 000 0000 On N 7 NV) 6�4 Vf 69 � b Vf V) V) 8 g oOo 8 0 0 V) O O O O O to C 'r, O rMV1 6�4 � 7 Vf V3 64 [a O p 8 64 8 8 8 8 8 O pO 00 S b b J /� N M N O M 69 69 69 69 04 m 8 O O oo r oo �D Vl M [ - U V) V) V) V) V) � ,It 00 vl 000 O N Vr00 �o M 00 Vl W M oo 6.) 'o,a�+ i M V) V) M 7 N Q69 69 6R �o [� �c 8 �o 8 7 a, M O Cr a)S 64 64 Vf Vf Vf Vf Vf I� M I O N o0 0 l� 00 0o OMO Oro W Vl M M Vrl 0=0 �n O\ O6n (r1 64 Vi -. V3 69 ; 64 -.z In It rl- N 6q 64 6R V) Vi 69 69 7 vNi" O N O R) S S O 0 00 604 604 O O [— wn O O, N N M In \O �o �o [— W) 00 W) N n 00 w O V1 M w W)N 00 d' M Vq O �o 9 O 6M cN M �o l— W) h M N Vf N 00 N M V) Vi 64 Vf V) V1 V) N N 6e 64 64 V3 V) V) V) by o 82 0 0 0 0 O 00 0 0 00 8 Q 0 064 Ow)i O IC Qa,a, Vl GGP OON �pn� M b r M N v1 00 cM� pOOOp tN�pp l- O O O O oo N N ^rM 8 O \O Vi In N a r o0 A D M M V) O oo N M 69 69 64 64 64 64 N N 64 69 69 64 Vf V) Vi oq Qq M oo can vi r N �o N 6s GS oo O O V O N cp NIt oc w) oo �N�pp rl r �oN �o M.. d' " V1 � r O r "" O 000 o oNo N vN1 M l— oo O oo cf) 664 N O a0 N Vf N oqVi Vf 64 oq ' N V) Vi 64 64 EA, e" Vf 64 V) 69 O r M 00 Oo M �o M O N M M C, h 00 It V) O M Co O O oN 64 64 64 00 �o N It Wn o0 00 00 h N O M r- \O Vl M 'o r in h 10 h b M �o 00 V) 00 N �o �o M O [— .d (2+ 7 N 64 v M N V) Vi 64 cV 6. N 'Al oq Vf Vi V) Vi T G W .Q O �j 0 p } V -' 'O p ) o a o E C'4 ux 2 z ez bg > U u o U Q 0 0 0 > C] w w w A F F E C15), Q M N 00 0000 � N 69 M M 6v Vi G N cl� r 00 6N4 �j M .A2 cd Q M O w N as T � C'n w o � � CG MV�e,s. T--I� N a r - °. >G Q o 1W . N cn _y N t E-0 CA 0 o o o - 3 � b 4-4 O~ O r, O Q cd CA 3clC,3Cl ; x�° 64 uQ Hew w o �i 9 0 a� o c5i u CIS CIS o C 0 U O 01 M .............................................. • 00 N Q O M o~ U m N o \ � U M 4--I � 1O O v� c� j U U COO O u • '�'� ,-- ;•ram-! ^ 4-1 �-- '� �•- s- CSU 41 14. 4O 0 0 4°�J 24 u � 7d `° iA- c o 6q U o 0 o O 00 O N 00 O M m 00 `O N M -bq 6q w as M M O O N ►_ m O � con cn �cn COO U O O O O Qj cl �, • CA a� W 0 0 0 C O `O N N �bq -EIS cn U o QM w W ►0 0 i `+err► on �r--� 4-4 ct E N ►e ,%. ►- }r., i A z w w w w 3 0 04-4 o 0 COD b Ln A a cl 40, -4 U c -- to cl o -d L7 o a a COD �° � 24 u > O42 rA wCa ri) l P. ►e 2 w w w O '- CC3 U 4- j 4� O U m • O O C) w � O � ►� x x a ct C'n ct `-i--� ct N O v C/� r 1-14 E CA ct Ct O . � • bfJ O . ,—,ct ►� a O O ,- � a� S t- •-+ C) M oll In Q � N h � O M r- 69 69 �.s 69 6R 6R O O O W O,� cM M O M g S a- S O 69 00 69 ONO 69 O� 69 ^I O� 69 --� 69 N S S Vim] 6M9 - N M 6q OO 69 69 6R 64 .o 00en S � ( S a M bs r- --� � 6Fi CN •--� It M � 69 110 b9 69 b9 69 O O g S C o o v M It C� t` o0 O o0 ~ It609 � ON V] 69 69 ~ 69 16S ~ 603. Obi o�0 64 O O tn 69 kn I--i v O 64 i0q � N 64 W by 8 Pp4 Lp� W 0.p� Lp�l Gp�l O O phi O S O O 8 U O as u4 w 114 w w w w `%w m - o oo l— N O M I� 0 0 O O O O O 00 i O O O N M O N Z N O O M B V7 M It ItO OOO M \O cn ��-Eo� 69- -b's w C--i �-Goq � a a A-jbb OM O 00 ooc � U �"� OM N 'U b Z --+ kn N �+ �--� M M N M a 4) �� ,� 60- � � V cn cd O 00 O O N o •O Z O cn ct .-- ; Q aA a a ;�. o W aA U U' Q ° ,� ct 0ct o ° c Q z w z a �� ml:� � �� �� oo INC oc O O O O O O O O O O ►i M _A, ►e