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Home My WebLink About2003.0821.TCREM.Packeta 3 Off. 4 'PST 1910 that is is A NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, AUGUST 21, 2003 TIME: 6:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) 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 durine 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 day of the Council meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 1.) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03.A.7, for discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. (Specifically, the town hall lease and property). 2.) RETURN TO REGULAR SESSION E:\Clerk\AGENDAS\REGULAR\2003\web agenda\Regular Session 8-21-03.docPage 1 of 3 Last printed 8/20/2003 4:55 PM • CALL TO ORDER — Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Pastor Larry Finch, Four Peaks Community Church �" • ROLL CALL — Mayor Nichols RECOGNITION ITEM — Mayor Nichols Mayor Nichols will thank Beth Smith, John Nicola, Paul Chandler, Roadrunner Drywall, and Lorenzo Electric for their generous assistance with the Fountain Hills High School Video Room remodeling project. Consent Agenda: All items listed with an asterisk M 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 Counciimember or member of the public so requests. If a Councilmember or member of the public wishes todiscuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) CONSIDERATION of approving the meeting minutes of 8/7/03. *2.) Consideration of RESOLUTION 2003-50 amending the Town of Fountain Hills Financial Policies as adopted on May 1, 2003 to include the addition of the section entitled "Debt Policy". *3.) Consideration of the PRELIMINARY AND FINAL PLAT for "The Mountainside Villas", a four -unit condominium project located at 12642 Mountainside Dr., aka Lot 15A, Block 3, Plat 601-A, Case #S2003-10. *4.) Consideration of approving renewal of a technical services CONTRACT with Phoenix Highway Services, Inc. for traffic signal inspection, testing and maintenance services in the amount of $26, 340. *5.) Consideration of RESOLUTION 2003-49 declaring support for local governments serving citizens 24/7 and declaring October 20-26, 2003, "Arizona Cities and Towns Week". *6.) Consideration of CERTIFICATION of the Fountain Hills Court Collections to be submitted to the State Treasurer per A.R.S. § 12-116-04. *7.) Consideration of a FINAL PLAT, for property located at 13341 N. Manzanita aka N. West Phase II @ Sunridge Canyon Lot 30 and Tract D. A lot join project. Case Number S2003-09. *8.) Consideration of approving a CHANGE ORDER in the amount of $36,640 to the annual landscape contract with TruGreen Landcare. *9.) Consideration of a FINAL PLAT, for property located 16728 Bayfield Drive aka Plat 104, Block 10, Lot 3. Case Number S2003-08. *10.) Consideration of adopting RESOLUTION 2003-42 to ratify changes made at the August 7, 2003 meeting. 11.) Consideration of approving a ONE YEAR EXTENSION FOR THE PRELIMINARY PLAT "Sierra Madre Estates", a nine -lot single-family subdivision of an unplatted parcel of land located on the north side of Sierra Madre Drive, west of Golden Eagle Boulevard; Case #S2001-16. 12.) PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow the sale of alcoholic beverages located at 16948 E. Shea Boulevard, #104 (Rendendo's Pizzeria). Case Number SU2003-06. E:\Clerk\AGENDAS\REGULAR\2003\web agenda\Regular Session 8-21-03.docPage 2 of 3 Last printed 8/20/2003 4:55 PM 0, �kw 13.) Consideration of a request for a SPECIAL USE PERMIT to allow the sale of alcoholic beverages located at 16948 E. Shea Boulevard, #104 (Rendendo's Pizzeria). Case Number SU2003-06. 14.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Redendo's Pizza & Pasta located 1698 E. Shea Blvd. The application is for a new Class 12 (retail sales) license. 15.) Consideration of ORDINANCE 03-18 authorizing and directing the town manager or his or her authorized designee(s) to enforce the town ordinances; and declaring an emergency. 16.) Consideration of approving a request for a CUT/FILL WAIVER for Firerock Country Club Parcel I, Lot 5, aka 9145 N. Vista Verde Court, Case Number CFW2003-06. 17.) Consideration of approving the FINAL PLAT for the "Trevino Business Center" which is a 9-building office complex located at the NW corner of Trevino Drive and Saguaro Boulevard, aka 9700 Saguaro Boulevard, Case Number S2002-55. 18.) Consideration of the FINAL PLAT for Parcel 6 Eagles Nest, a 40 lot single family subdivision of 66.92 acres located in the northwest area of the Eagles Nest Final Plat, Case #S2002-45. 19.) Consideration of the FINAL PLAT for Parcel 7 at Eagles Nest, a 13 lot single family subdivision of 17.33 acres located in the north area of the Eagles Nest Final Plat, Case#S2002-18. 20.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 21.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. 22.) SUMMARY of Council requests reviewed by the Town Manager. 23.) ADJOURNMENT. DATED this 20t' of August, 2003: i,2, Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to 'make all public meetings accessible to persons with disabilities. Please call 837 2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\AGENDAS\REGULAR\2003\web agenda\Regular Session 8-21-03.docPage 3 of 3 Last printed 8/20/2003 4:55 PM o��TAIN �1 3 III' O Esc 1"q • at is A4 MEETING NOTICE THE FOUNTAIN HILLS TOWN COUNCIL Mayor Nichols Councilman Melendez Councilwoman Stevens Councilman Archambault Councilwoman Nicola Councilman Kavanagh Vice Mayor Ralphe WHEN: TUESDAY, AUGUST 26, 2003 through FRIDAY, AUGUST 29, 2003 TIME: BEGINNING at 8:00 A.M. WHERE: CAMELBACK INN 5402 E. LINCOLN DRIVE PARADISE VALLEY, AZ A majority of the Council members may attendance at the 2003 League of Cities and Annual Conference. No official action will be taken. DATED this 15'h day of August 2003. By: Bevelyn J. B#nder,A'own Clerk be in Towns The Town of Fountain Hills endeavors to make all public meetings accessible to persons wits disabilities. Please call 837-2003 (voice) or 1-800-367-8939 JDD) 48 hours prior to the meeting tc request a reasonable accommodation to participate in this meeting. MEETING NOTICE THE FOUNTAIN HILLS TOWN COUNCIL Mayor Nichols Councilman Melendez Councilwoman Stevens Councilman Archambault Councilwoman Nicola Councilman Kavanagh Vice Mayor Ralphe WHEN: WEDNESDAY, AUGUST 27, 2003 WHERE: QUILTED BEAR RESTAURANT 6316 N. SCOTTSDALE DRIVE Scottsdale, AZ A majority of the Council members may be in attendance. No official action will be taken. DATED this 15"' day of August 2003. By: Bevelyn J. Bendy`, 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. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 8/21/03 Contact Person: Bender Requesting Action:® Tvne of Document Needine ADAroval (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 Council Prioritv (Check Appropriate 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 APPROVING THE MEETING MINUTES of August 7, 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 August 7, 2003. Type(s) of Presentation: none Signatures of Submitting Staff: Departme�Hea T I ri Manager / Designee l Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form "rr- Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 8/21/2003 Contact Person: Julie Ghetti 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: Council Prioritv-(Check Appropriate 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 AgendaWording: Consideration of Resolution 2003-50 amending the Town of Fountain Hills Financial Policies as adopted on May 1, 2003 to include the addition of the section entitled "Debt Policy". Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Establishing sound financial policies and principles contributes to sound financial management and contributes to the credibility and confidence of the government. As an integral component of the Town's five year forecast the debt policy will set forth the parameters for financing capital projects and provide guidance to decision makers regarding the timing and purposes for which debt may be issued. The debt policy will be incorporated into the Town's adopted Financial Policies. List All Attachments as Follows: Resolution 2003-50, interoffice memorandum Type(s) of Presentation: none Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet6-5.doc RESOLUTION NO. 2003-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES BY INCLUDING A SECTION RELATING TO THE TOWN'S DEBT POLICY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted written financial policies for the Town of Fountain Hills (the "Town") on May 1, 2003 (the "Financial Policies"); and WHEREAS, the Town Council reserved within the Financial Policies a section relating to a debt policy to be adopted by the Town Council at a later date; and WHEREAS, the Town Council desires to amend the Financial Policies to incorporate the Town's debt policy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the "Town of Fountain Hills Financial Policies" is hereby amended to include the debt policy attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Town Manager is hereby authorized and directed to take all steps necessary to ensure that the Town of Fountain Hills Financial Policies are amended and that the debt policy is implemented and applied to the Town's financial management. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 21, ,T 3 FOR THE TOW / F FOUNTAIN DILLS: ATTESTED TO: i J. Ni ols, Ma Bevelyn J. Be#er, XLwn Clerk REVIEWED Tim G. Pickering, Town Manager 9196.001\..\ Debt.Policy.res.doc 8.14-03-1 APPROVED AS TO FORM: 0,/". - AA^" Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 FROM: Julie Ghetti, Acco nting Supervisor Through: Timothy G. Ickering, Town RE: Resolution 2003-50 Amending Town Manager Financial Policies If adopted, the attached Resolution 2003-50 will amend the Town of Fountain Hills Financial Policies as adopted in May, 2003 to include a new section entitled "Debt Policy". The debt policy section is intended to provide guidance to the Council and staff in setting forth the parameters for issuing and managing debt, particularly as it relates to the five year capital improvement program. The resolution is not an indication that the Town intends to issue any debt in the near future, rather it is a continuation of the Town of Fountain Hills' commitment to maintaining a sound debt position and credit quality protection. The proposed debt policy was drafted with the assistance of several surrounding municipalities `kw (Scottsdale, Avondale, Paradise Valley and Avondale) as well as the Government Finance Officers Association (GFOA). A summary of the policy follows: • The overall debt management policy is to ensure that financial resources are adequate in any economic situation so that the Town's ability to pay the debt when due is not at risk. • Current operating costs and short-term capital projects will be funded through current resources; long term debt will be reserved for capital items with a useful life of ten (10) years or more. • The policy promotes a philosophy of "pay-as-you-go" for most capital items. • The policy requires that a five year capital spending plan be prepared during the annual budget process outlining the specific capital projects and funding sources. • The capital project appropriations must be approved by the Town Council and have a cost greater than $50,000. • If a capital project is financed with debt, the debt cannot exceed the life of the project or asset. • When debt financing is considered a debt capacity analysis will be prepared that shows that the additional debt will not negatively impact the Town's financial condition. • The process for issuing debt and obtaining Underwriters and Paying agents/registrars is based on competitive bids. • The Town will comply with all State and Federal laws regulating the issuance of debt. • The Town will seek to maintain and, if possible, improve the bond rating that is currently in effect. If approved the revised Financial Policies will be submitted to Moody's Investors Service for their review relative to the Town's Aa2 bond rating. Staff recommends approval of the Resolution 2003-50 amending the Town of Fountain Hills Financial Policies to include the section "Debt Policy". 1te4trth\JC aetfi\VVJ'i)A"t<11 NTERO FIC.E MEND GHE C'i'IA)v. • 0 DEBT POLICY The purpose of this debt policy is to provide for the preservation and enhancement of the Town's bond ratings, the maintenance of adequate debt service reserves, compliance with debt instrument covenants and provisions and required disclosures to investors, underwriters and rating agencies. The overall debt management policy of the Town of Fountain Hills is to ensure that financial resources are adequate in any general economic situation to not preclude the Town's ability to pay its debt when due. These policies are meant to supplement the legal framework of public debt laws provided by the Arizona Constitution, State Statutes, federal tax laws and the Town's current bond resolutions and covenants. The Arizona Constitution limits a city or town's bonded debt capacity (outstanding principal) to certain percentages of the Town's secondary assessed valuation by the type of project to be constructed. There is a limit of 20% of secondary assessed valuation for projects involving water, sewer, artificial lighting, parks, open space, and recreational facility improvements. There is a limit of 6% of secondary assessed valuation for any other general-purpose project. General 1. The Town will use current revenues to pay for short-term capital projects, repair and maintenance items and will reserve long-term debt for capital improvements with useful lives of ten (10) years or more. The Town will not use long-term debt to fund current governmental operations and will manage its cash in a fashion that will prevent any borrowing to meet working capital needs. However, exclusive reliance upon pay-as-you-go funds for capital improvements requires existing residents to pay for improvements that will benefit new residents who relocate to the area after the expenditure is made. Financing capital projects with debt provides for an "intergenerational equity", as the actual users of the capital asset pay for its cost over time, rather than one group of users paying in advance for the costs of the asset. Where there is a benefit to all future residents debt financing should be given consideration 2. To increase its reliance on current revenue to finance its capital improvements, and promote a "pay-as-you-go" philosophy, the Town will appropriate each year a percentage of current revenues to maintain a minimum 10% of average actual General Fund revenues for the preceding five fiscal years in the Designated Unreserved Fund. Capital Improvement Plan 1. As part of the budget process each year the Town will prepare a capital spending plan that provides a detailed summary of specific capital projects for the five fiscal years subsequent to the fiscal year presented. The plan will include the name of the project, project schedule, capital cost by fiscal year and a recommended specific funding source. The five year capital improvement plan will be developed within the constraints of the Town's ability to finance the plan. 2. The Town Manager and Department Directors will develop formal ranking criteria that will be used in the evaluation of all capital projects. The program ranking criteria will give greatest weight to those projects which protect the health and safety of its citizens. Pay-as-you-go project financing shall be given the highest priority. Capital improvements that must rely upon debt financing shall be accorded a lower priority and projects with a useful life of less than five years shall not be eligible for inclusion in bond issues. 3. Lease purchase financing shall only be undertaken when the project is considered essential to the efficient operation of the Town or to remove expenditures that would exceed the State imposed expenditure limitation. The Town Manager or designee shall determine that pay-as-you-go expenditures do not cause the state imposed expenditure limitation to be exceeded in any fiscal year. 4. All capital project requests will be accompanied by a description of the sources of funding to cover project costs. Where borrowing is recommended, a dedicated source of funds to cover debt service requirements must be identified. All capital project requests will be required to identify any impact the project may have on future operating costs of the Town. The Town will seek grants to finance capital improvements and will favor those projects which are likely to receive grant money. 5. All capital project appropriations and amendments to the capital improvement plan must be approved by the Town Council. 6. The capital plan will include all equipment and facilities with a useful life of greater than ten years and a cost greater than $50,000. Debt financing shall not exceed the useful life of the infrastructure improvement or asset. Financing Alternatives 1. Financing alternatives are listed below but are not limited to: a) Grants b) Developer Contributions c) General Obligation Bond — requires voter approval, supported by an ad valorem (property) tax d) Revenue Bonds — repaid with revenue stream (HURF, revenue generated by project) e) Municipal Property Corporation Bonds — repaid with a dedicated revenue source f) CFD or Special District Bonds — supported by an ad valorem property tax g) Capital Leases — repaid within operating budget h) Commercial Paper (CP) or Bond Anticipation Notes (BAN) with terms less than two years 2. Town Debt Service costs (GO, Revenue Bonds, MPC, Leases) shall not exceed 20% of the Town's operating revenue in order to control fixed costs and ensure expenditure flexibility. Improvement District (ID), Community Facility District (CFD) and Special District debt service is not included in this calculation because it is paid by district property owners and is not an. obligation of the general citizenry. Separate criteria have been established and included within the Town's CFD policy. 3. In accordance with requirements of the State of Arizona Constitution, total bonded debt will not exceed the 20% limitation and 6% limitation of the total secondary assessed valuation of taxable property in the Town. 4. The Town shall comply with all U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. 5. Where applicable, the Town will structure General Obligation bond issues to create level debt service payments over the life of the issue. The goal will be to strive for a debt repayment schedule to be no more than fifteen (15) years; at no time will the debt exceed twenty-five (25) years. 6. Refunding bonds will be measured against a standard of the net present value debt service savings exceeding 3% of the debt service amount of the bonds being refunded, or if savings exceed $750,000, or for the purposes of modifying restrictive covenants or to modify the existing debt structure to the benefit of the Town. Refinancings undertaken for other reasons should proceed only when the advantages have been clearly shown in a cost/benefit analysis of the transaction. 7. The Town will seek to maintain and, if possible, improve the current bond rating in order to minimize borrowing costs and preserve access to credit. 8. An analysis showing how a new issue combined with current debt impacts the Town's debt capacity and conformance with Town debt policies will accompany every future bond issue proposal. The debt capacity analysis should reflect a positive trend and include: a) percent of debt outstanding as a percent of the legal debt limit b) measures of the tax and revenue base c) evaluation of trends relating to expenditures and fund balance d) debt service as a percentage of assessed valuation e) measures of debt burden on the community f) tax-exempt market factors affecting interest costs g) debt ratios 9. Municipal Property Corporation and contractual debt, which is non-voter approved, will be utilized only when a dedicated revenue source (e.g. excise taxes) can be identified to pay debt service expenses. The project to be financed will generate net positive revenues (i.e., the additional revenues generated by the project will be greater than the debt service requirements). 10. The Town's privilege tax to debt service goal will be a ratio of at least 3.5:1 to ensure the Town's ability to pay for long term debt from this elastic revenue source. Issuance of Obligations 1. The Town shall select the Underwriter and the Paying agent/registrar for each debt issuance based on competitive bid. The underwriter must be a firm domiciled in Arizona with an office in the Phoenix area and a record of prior working relationships. 2. The request for proposals process will be designed to select the service providers that offer the Town the best combination of expertise and price. The Town is not required to select the firm offering the lowest price, but a report must be prepared by the Town Manager providing justification to the Town Council for a recommendation when other than the lowest bidder is chosen. The review of all proposals submitted shall be the responsibility of the Town Manager. 3. The Town of Fountain Hills will use competitive sales as the primary means of selling new General Obligation or revenue bonds that are repaid through ad valorem (property) taxes. Negotiated sales will be permitted for all other debt issues when it is expected to result in a lower true interest cost than would a competitive sale of that same date and structure or there is evidence of volatile market conditions, complex security features, or another overriding factor. 4. The Town Manager or designee and Town Attorney will coordinate their activities to ensure that all securities are issued in the most efficient and cost- effective manner and in compliance with the Town's governing statutes and regulations. The Manager and the Town Attorney shall consult and jointly select the bond counsel for a bond issue. The Town Attorney will review all documents related to the issuance of securities by the jurisdiction. 5. The Town will seek a rating on all new issues which are being sold in the public market if economically feasible. 6. The Town will report on an annual basis all financial information and/or notices of material events to the rating agencies and Nationally -Recognized Municipal Securities Information Repositories (NRMSIR'.$). The annual report will include but not be limited to the Town's annual Comprehensive Annual Financial Report (CAFR). 7. The Town will require any institution or individual investing monies as an agent for the Town to do so in a manner consistent and in compliance with the Town's adopted Investment Policy. 8. The Town will provide detailed draw schedules for any project to be funded with borrowed monies. The Town will invest the proceeds or direct a trustee to invest the proceeds of all borrowings in a manner that will ensure the availability of funds as described in the draw schedules. 9. The Town acknowledges the responsibilities of the underwriting community and pledges to make all reasonable efforts to assist underwriters in their efforts to comply with SEC Rule 15c2-12 and MSRB Rule G-36. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:® Regular:❑ Meeting Date: 8/21/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvpe of Document Needing Anuroval (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 Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the Preliminary and Final Plat for "The Mountainside Villas", a four -unit condominium project, located at 12642 Mountainside Dr., aka Lot 15A, Block 3, Final Plat 601-A; Case #S2003-10. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for preliminary and final plat approval for "The Mountainside Villas", a four -unit condominium project, located at 12642 Mountainside Dr., aka Lot 15A, Block 3, Final Plat 601-A; Case #S2003-10. This building is existing and has a certificate of occupancy. List All Attachments as Follows: Staff Report; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: Depa tment Head Town Ma er / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF MEMO TO: The Honorable Mayor & Town Council DT: August 12, 2003 FR: Dana Burkhardt, Senior Planner RE: Case # S2003-10; Preliminary and Final Plat "The Mountainside Villas" LOCATION: 12642 Mountainside Dr., aka Lot 15A, Block 3, Final Plat 601-A. REQUEST: Consider the Preliminary and Final Plat for "The Mountainside Villas", a four -unit condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: David Vidalin APPLICANT: David Vidalin EXISTING ZONING: "R-3" EXISTING CONDITION: Developed LOT SIZE: 25,000 square feet (.57 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "R-3" SOUTH: Town -owned wash parcel; zoned "R-3" EAST: Vacant lot; zoned "R1-6" WEST: Duplex; zoned "R-3" SUMMARY: This request is for approval of the Preliminary and Final Plat "The Mountainside Villas" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, David Vidalin, has chosen to convert a four -unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 2,243 square feet and a minimum livable area of 1,793 square feet. The property was developed under building permit #2000-1051, and received a final certificate of occupancy on March 5, 2003. RECOMMENDATION: The Planning and Zoning Commission and Staff recommend approval of S2003-10; Preliminary and Final Plat "The Mountainside Villas". 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Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting, Date: 8/21/03 Contact Person: Tom Ward Requesting Action:® Tvpe of Document Needing Anaroval (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 ADDrooriate 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: Consideration of approving renewal of a technical services contract with Phoenix Highway Services, Inc. for traffic signal inspection, testing and maintenance services in the amount of $26,340. Staff Recommendation: Approve Fiscal Impact:. Yes 126,340 Purpose of Item and Background Information: To maintain proper operation of 10 traffic signalized intersections. Signals are inspected quarterly and electrically tested biannually. Contract provides emergency on - call service by licensed technicians. Funding for this work is contained in the Road Repair/Maintenance line item of the Street Department budget. Per Section 3-3-10 of the Town Code, normal bidding procedures do not apply to these licensed professional and technical services. However, Section 3-3-5, D, Council approval is required since the contract amount exceeds $20,000. List All Attachments as Follows: Staff memo, 3 original renewal agreements Type(s) of Presentation: None Signatures of Submitting Staff: A �fA- 11 � De artment Hea Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) \\earth\bbrannon\agenda\agenda cover sheet - phx hwy services renewal contract.doc Traffic Signal Contract 2003.doc Chron 088 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: August 14, 2003 FR: Thomas L. W , Director of Public Works RE: Renewal of technical services contract with Phoenix Highway Services for traffic signal inspection, testing and maintenance services Fountain Hills currently has 10 traffic -signalized intersections. To maintain their proper operation and minimize the liability for the Town, the traffic signals are inspected quarterly, and electrically tested biannually. Additionally, contract provisions need to be in place to provide emergency on -call service availability by licensed technician(s) (IMSA Level III) familiar with our traffic signals. This technical services contract provides for these services by Phoenix Highway Services, Inc., who currently holds our traffic signal services contract, and with whom staff has continued to be satisfied. Since we have contracted with Phoenix Highway Services, Inc., our down time at all traffic signals has been reduced to less than 2%. Their documentation, response time, and ability to act in an emergency have always been more than sufficient. This contract is for $26,340 annually, with an option for annual renewal. The contractor has not requested an increase for the 2003-04 fiscal year. Funding for this work and other routinely contracted work is contained in the budgeted "Road Repair/Maintenance" line item of the Street Department budget. Per Section 3-3-10 of the Town Code, normal bidding procedures do not apply to these licensed professional and technical services. However, per Section 3-3-5,13, Council approval is required, since this annual contract exceeds $20,000. At the request of the Town Manager, staff contacted five other agencies, requesting a proposal for this work. Of the five contacted, only one bid was received in the amount of $58,876. After receiving only one other proposal, staff contacted the remaining contractors but they declined to submit a proposal. Staff recommends approval of the attached traffic signal services renewal contract with Phoenix Highway Services, Inc. Po att. cc: Tony Marchese 2202 West Lone Cactus Dr. #4 Pkim-z ��'�,'w,Phoenix, AZ 85027 50 Phone:623-434-0509 �'K/ Fax: 623-434-0511 Town of Fountain Hills July 1, 2003 Tony Marchese 16836 E. Palisades Fountain Hills, AZ 85269 RE: Renewal of Traffic Signal Maintenance Contract 2003 Phoenix Highway Services has been proud to provide Traffic Signal Services for the Town of Fountain Hills under the Traffic Signal Maintenance Contract 2002, from July 1, 2002 to June 30, 2003. Phoenix Highway Services in agreement with the Town of Fountain Hills would like to continue this contract for the period of one year from July 1, 2003 to June 30, 2004 with the option to renew this contract. Contract renewal shall be within thirty days of contract expiration. Phoenix Highway Services would like to propose to continue the annual contract price of $Twenty-six thousand three hundred and forty dollars and zero cents ($26,340.00) or $Two thousand one hundred and ninety-five dollars and zero cents to be billed monthly ($2,195.00). Additional labor rates would remain the same, hourly work rate $125.00 per hour, additional overtime work rate $150.00 per hour. Phoenix Highway Services would like to thank the Town of Fountain Hills for using our services and wish to continue providing the Town of Fountain Hills with Traffic Signal Maintenance Services. Sincerley, John L. Brannan For Phoenix Highway Services, Inc. John L. Brannan, Service Manager Effective Date:.,,,i\ PHS: Initial --A FQfTown of F9untah Hills End Date:jv _-._ Fountain Hills Initial �> 2202 West Lone Cactus Dr. #4 ;V"'x qSew_/ow•Fax: ,Kw/�Ai�A `!/�'W Phox, 027 8511 Phone:623-434-0509 V 6 34 Fax: 623-434-0511 Town of Fountain Hills Tony Marchese 16836 E. Palisades Fountain Hills, AZ 85269 July 1, 2003 RE: Renewal of Traffic Signal Maintenance Contract 2003 Phoenix Highway Services has been proud to provide Traffic Signal Services for the Town of Fountain Hills under the Traffic Signal Maintenance Contract 2002, from July 1, 2002 to June 30, 2003. Phoenix Highway Services in agreement with the Town of Fountain Hills would like to continue this contract for the period of one year from July 1, 2003 to June 30, 2004 with the option to renew this contract. Contract renewal shall be within thirty days of contract expiration. Phoenix Highway Services would like to propose to continue the annual contract price of $Twenty-six thousand three hundred and forty dollars and zero cents ($26,340.00) or $Two thousand one hundred and ninety-five dollars and zero cents to be billed monthly ($2,195.00). Additional labor rates would remain the same, hourly work rate $125.00 per hour, additional overtime work rate $150.00 per hour. Phoenix Highway Services would like to thank the Town of Fountain Hills for using our services and wish to continue providing the Town of Fountain Hills with Traffic Signal Maintenance Services. Sincerley, John L. Brannan For Phoenix Highway Services, Inc. John L. Brannan, Service Manager 6 Effective Date:JQq� n-� PHS: Initial f End Date: ^�oo*I-k Fountain Hills Initial=""T 2202 West Lone Cactus Dr., ;;4 Phoenix, AZ 85027 Phone: 623.434.0509 Fax: 623.434.0511 07/01 /02 Tony Marchese Town of Fountain Hills 16836 E. Palisades Fountain Hills, AZ 85269 Re: Quarterly Inspection of Traffic Signal and Related Equipment, Biannual Traffic Signal Equipment Testing and 24-hour On Call Emergency Service Dear Tony, Phoenix Highway Services, Inc. would like to continue providing professional services described as Quarterly Inspection, Biannual Testing and On -Call Emergency Service for the Town of Fountain Hills and would like to submit the following proposal: Traffic Signal Intersections: Work is to be performed at the following ten intersections. 1) Eagle Mountain & Shea 2), Palisades & Shea 3) Fountain !-fills & Shea 4) Saguaro & Shea 5) Grande & Saguaro 6) Saguaro & Palisades 7) Fountain Hills & Palisades 8) Avenue of the Fountains & Palisades 9) Technology Drive & Shea 10) Centerlane & Shea Traffic Signal Biannual Test: Scope of Work Provide biannual testing and report deficiencies to the Town of Fountain Hills as detailed below. 1) Test Conflict Monitors for NEMA compliance 2) Test Controllers to include timing and operation 3) Test Emergency Vehicle Preemption 4) Test Load Switches for leakage of current output 5) Visual inspection of all traffic signal heads and pedestrian signal heads 6) Test detectors and loops for shorts to ground and sensitivity Traffic Signal Quarterly Inspection: Scope of Work Provide quarterly inspections of traffic signals and related electrical and electronic traffic control equipment, maintain records and report deficiencies to the Town of Fountain Hills as detailed below. 1) Provide on -site visual inspection 2) Maintain a log of all inspections and tests performed by Phoenix Highway Services, Inc. 3) Maintain a log of all work performed by Fountain Hills personnel or contractors hired by Fountain Hills reported to Phoenix Highway Services, Inc. 24-Hour On -Call Service: Scope of Work 1) Provide 24-hour on call service availability. 2) Respond to Emergency calls within four hours. 3) Labor will be charged at $125.00 per regular time hour and $150.00 per overtime hour plus applicable sales tax. Prices noted per hour, portal to portal with a one -hour minimum. Time will be charged in one -hour increments. Billing will be based on work completed. Terms shall be net 30 days. 4) Regular time hour will be based on technicians working no more than a 10-hour regular time day. Technicians have variable workdays to allow full coverage of the week. 5) Overtime hour will be charged when: More than 10 hours are worked in a day by the technician. After 40 hours have been worked by the technician in the weekly pay period. Work is required on the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. 6) Materials and expense purchased through Phoenix Highway Services will have a twenty-five percent mark-up, plus applicable sales taxes. (Expenses defined as travel lodging, rental equipment and miscellaneous.) 7) Phone support will have no charge the first 30 minutes and hourly thereafter based on the regular time hour of $125.00 per hour. Price and Billing Schedule: 1) Twelve month contract ($26,340.00) $Twenty-six thousand and three hundred and forty dollars and zero cents, plus applicable sales tax for a 12-month contract period. Contract to be billed at ($2,195.00) Two -thousand one hundred and ninety-five dollars and zero cents, per month. 2) Contract will have annual renewal option with a 5% cost increase, if needed and to be agreed by both parties. Intersections above and beyond the existing ten will be pro -rated based upon annual fee. 3) Phoenix Highway Services, Inc. shall submit a monthly bill to the Town of Fountain Hills based on the contract amount at the time of first scheduled testing and/or inspection. Fountain Hill Responsibility: 1) Report all work performed on traffic signal intersections by Fountain Hills personnel or contractors hired by Fountain hills for entry into the Phoenix Highway Services, Inc. log. 2) Provide Phoenix Highway Services access to all traffic signal cabinets. 3) Provide police personnel for traffic control during intersection work. 4) Pay in addition to the agreed amount for regular service; costs that may be incurred because of any action which results in the destruction of a signal pole, signal head, controller cabinet, or other subsequent construction initiated by the Town of Fountain Hills. Phoenix Highway Services, Inc. Shall Provide: 1) An I.M.S.A. Certified Traffic Signal Technician, not less than a Level II, who shall perform all inspections and make all reports. 2) All inspections will comply with the latest I.M.S.A. standards for traffic signal maintenance records. 3) A record of inspections performed and timing plans will be kept at the Phoenix Highway Services, Inc. office and is available for review by the Town of Fountain Hills, 4) Records of inspection and timing plans will be provided to any attorney on request, after receiving clearance from Town Street Superintendent and Town attorney. Guarantee: Phoenix Highway Services, Inc. guarantees the operation of those materials provided for the period of one year after project completion. Items specifically not guaranteed are expendables such as lamps and fuses, repair work, items damaged by conditions outside the control of Phoenix Highway Services, Inc. and materials provided by others. Duration of Agreement: This proposal commences on date agreed to by both parties and is subject for contract renewal Twelve months thereafter or time frame agreed upon. Liability: Phoenix Highway Services, Inc. shall not be liable for accident, injury, breakage, loss or damage to equipment of machinery, appliances or property connected therewith, unless negligent acts or omission or commission by Phoenix Highway Services' agents or employees causes such loss or damage. Further, Phoenix Highway Services, Inc. shall not be liable in any event for consequential damages, for obsolescence, nor for delays occasioned by conditions beyond its control. Insurance: Phoenix Highway Services, Inc. complies with all Workman's Compensation and Property Damage Liability Laws. A copy of insurance certificates will be sent upon request. The responsibility for insuring the Town of Fountain Hills rests solely with Fountain Hills. Any cancellation of this contract shall be in conformance with AIRS 38-511. This contract shall, where applicable, be in conformance with the Town of Fountain Hills code and applicable Arizona state law. In Witness Whereof: This agreement shall become effective as of the date noted by initials below, and continue for Twelve months or time frame agreed upon after the effective date. Termination of this agreement shall be made by giving the other party written notice of no less than 30 days prior to the effective date of termination. Insurance: Phoenix Highway Services, Inc. complies with all Workman's Compensation and Property Damage Liability Laws. A copy of insurance certificates will be sent upon request. The responsibility for insuring the Town of Fountain Hills rests solely with Fountain Hills. Any cancellation of this contract shall be in conformance with ARS 38-511. This contract shall, where applicable, be in conformance with the Town of Fountain Hills code and applicable Arizona state law. In Witness Whereof: This agreement shall become effective as of the date noted by initials below, and continue for Twelve months or time frame agreed upon after the effective date. Termination of this agreement shall be made by giving the other party written notice of no less than 30 days prior to the effective date of termination. For Phoenix Highway Services, Inc. John L. Brannan, Servi e Manage Effective Date: PHS: Initial For Town of Fountain Hills is i�t'�i J !rr'',Aellkw— f gvj End Date: v `/xr ,: a Fountain Hills Initial Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:[--] Meeting Date: 8/21/03 Contact Person: Tim Pickering Requesting Action:® Tvpe of Document Needing ADAroval (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 Annronriate 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: CONSIDERATION of Resolution 200349 declaring support for local governments serving citizens 24/7 and declaring October 20-26, 2003, "Arizona Cities and Towns Week". Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: Councilmember Nicola requested that this resolution be placed on the agenda for Council's support. The Town will participate in the annual Chamber's Business Showcase on October 20'h in conjunction with the League of Arizona Cities and Towns Week. List All Attachments as Follows: Resolution 2003-49 Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) \\earth\sstein\agenda cover sheet\agenda cover sheet masterdoc.doc RESOLUTION NO. 2003-49 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING SUPPORT FOR LOCAL GOVERNMENTS SERVING CITIZENS 24/7 AND DECLARING OCTOBER 20-26, 2003, "ARIZONA CITIES AND TOWNS WEEK." WHEREAS, the citizens of the Town of Fountain Hills (the "Town") rely on local government to experience a high quality of life in our community; and WHEREAS, local governments around the State of Arizona (the "State") work 24 hours a day, seven days a week to deliver fundamental public services such as fire, police and emergency medical services to create safe communities; and WHEREAS, the methods of funding these vital public services are not always clearly understood by citizens; and WHEREAS, it is one of the responsibilities of town officials to ensure that legislators, media and citizens understand their local government through open and frequent communication using various avenues and means; and WHEREAS, it is important to work to encourage this connection and inform citizens of the importance of state shared revenues in order to preserve the excellent delivery of services that our citizens have come to expect in our Town; and WHEREAS, through education and awareness, citizens, community leaders and Town Staff can work together to ensure that services provided by the Town remain exceptional elements of the quality of life of our community. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to declare its support of the efforts of local governments and declare the week of October 20-26, 2003 as "Arizona Cities and Towns Week." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town hereby declares its support of the efforts of local governments and joins with the League of Arizona Cities and Towns and fellow municipalities across the State in declaring October 20-26, 2003, "Arizona Cities and Towns Week." SECTION 2. That the Town hereby pledges to take part in an event during "Arizona Cities and Towns Week" in recognition of the superior services that cities and towns deliver statewide. SECTION 3. That Councilwoman Kathleen Nicola is hereby designated as the Town's official contact for this effort. 9196.00]\Resolutions\2003-49 Govt24-7.res.doc 8-14-03-1 I SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 21, 2003. FOR THE TOWN O FOUNTAIN HILLS: W. J. Ni REVIEWED BY: G l Tim G. Pi ering, To n Manager 9196.001\Resolutions\2003-49 Govt24-7.res.doc 8-14-03-1 4 ATTESTED TO: �' . APPROVED AS TO FORM: t -nam Andrew J. McGuire, Town Attorney Li Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: August 21, 2003 Submitting Department: Parks and Recreation and Public Works Contact Person: Mark Mayer Consent:® Regular:❑ Requesting Action:❑ Report Only:❑ Type 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 ❑ SpeciaUTemp Use Permit ® Other: Change Order Council Prioritv (Check Avorooriate 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 Approving a Change Order in the Amount of $36,640 to TruGreen LandCare for Overseeding Staff Recommendation: Approve Yes $36 640 Purpose of Item and Background Information: To provide the necessary overseeding component to the Town's Annul Landscaping Contract List All Attachments as Follows: Bid Tab Sheet and Change Order Type(s) of Presentation: Written Signatures of Submitting Staff: 4 Zyz /,Oss/ D partment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF PARKS AND RECREATION INTER OFFICE MEMO TO: Mayor and Town Council DT: August 12, 2003 Tim Pickering, Town Manager FR: Mark C. Mayer, Director RE: Consider Acceptance of a Change Parks and Recreation Department Order to TruGreen LandCare for Tom WT , Di rfctor of Public Works Overseeding 1011, n In June the ou cil approved staff's recommendations for the Town's Annual Landscaping Contract. TruGreen was awarded, based on their low bid, this contract. The Overseeding section of the contract was not approved at that time, due to the numbers being higher than what was budgeted by the Town for this expense. At that time staff recommended and the Council agreed, that this item be rebid. Rebidding took place with five firms submitting bids. A copy of the bid tab is attached. Because TruGreen LandCare already was awarded the contract for the other elements of the Annual Landscaping Contract, staff is recommending that a Change Order be issued to the contractor to simply add the Overseeding section to their existing contract in the amount of $36,640 A copy of the Change Order is also attached. • • TOWN OF FOUNTAIN HILLS `%W CHANGE ORDER Parks and Recreation Department 13oo1 N. La Montana Dr. Fountain Hills, AZ 85268 Phone: 48o-816-5152 Fax: 48o-837-4452 Contractor: TruGreen LandCare 4237 E. Forest Pleasant Place Cave Creek, AZ 85331 Phone: 480-595-9744 Fax: 480-595-9539 Contact: Randy Williams, Branch Mngr Date: August 1-1, 2003 Request No.: 2 Name of Project: Annual Landscape Contract. Bid #02-01 Bid Sections: I — Mowing & Landscape Maintenance III — Sprang and IV — Palm Tree Trimming Description of Proposed Change Order: Fall Over -seeding for Fiscal Year 2003-2004 for parks and Public Works properties. This work will replace the portion of the Annual Landscape Contact that was omitted when the Annual Landscape Contract was approved by the Council on July 1, 2003. Five bids were obtain to replace the fall over -seeding portion of the Annual Landscape Contract: TruGreen Landcare: $36,640 Sage Landscape Contractors: $42,324.22 The Groundskeeper: $61,548 Nye Tru Landscape: $67,731.25 Valley Crest Landscape: $100,134 Authorized Cost Change: $ R6,64o Change in Contract Time: o (Calendar Days) New Authorized Contract Total: $ 220,799.00 Summary of Change Orders: $ 173,359 (Contract Extension — Approved by the Council on June 1, 2003) $ 1o,800 (Change Order #1—Landscape Labor) $ ,16.64o (Change Order #2 — Fall Over -seeding) $ 220,799 Total Contract Recommended by: tn=4 _ `�.%=eN. Mark C. Mayer, D' Rec eation _ Approved by: Timothy`G. Pic eri g, Town Manager cc: Julie Ghetti, Accounting Supervisor N O .-2 O m U O O a O N C,3 a_ CY) L) N O N CU wn. �ll ctS J Co >- a f9 > U O 11 (Lf T W op p pp 0 0 0 O Q) 60 't L Q Q p 0 CO 0 O 'M 0 CO C() L - w Z z ro- - � Esc F»� CL ro 70 aD o Oo 00O0zz��rn 0 0 0 Oo O o 0 O > E!? 69 N N CO U) U)o V 0 00 0 0 0 0 O C C, ._ 0 Cl)N Crj N 0 (Dr CO 0 o O (Dm CO U)a Q r- CO r r N N N C' ) C\j O N 0)C1 r r �ZS U 60} 69 60 69 oll U N T CC CO CD p� CO CO � � 0')0 c0 U) . 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U Cn U CC) Cn C CO N - LL - a_ z >a_a_W a Za- p >=U O o 0 W W 0 Q W U O 00 O O 0 r � :O N :.o O C 0 00 n LO Cn V N N n c� rn O I� Cn ,V r-, r Cn fl Efl 69 Town of Fountain Hills Town Council Agenda Action Form 4r Meeting Type: Regular Meeting Meeting Date: 8/21/2003 Submitting Department: Admin Contact Person: Julie Ghetti Consent:® Regular:❑ Requesting Action:® Tvne of Document Needine 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: Certification of Revenues Council Priority (Check Aonronriate 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: Certification of baseline court collections for Fiscal Year 2002-03. Staff Recommendation: Approve Fiscal Impact: No $ `. Purpose of item and Background Information: Arizona Revised Statute 12-116.04 requires that on or before September 1, 2003 each Town Council shall certify to the State Treasurer of Arizona baseline court collections for each quarter of Fiscal Year 2002-2003. The baseline amounts for each quarter will be used as a comparison for each quarter of subsequent fiscal years; 75% of any increase in revenues will be remitted to the State General Fund for costs of increased state employee health insurance and retirement rates. List All Attachments as Follows: Memo from Accounting Supervisor, Arizona Revised Statute 12-116.04, Fountain Hills Municipal Court Quarterly Revenues for Fiscal Year 2002-2003, certification letter to State Treasurer (not included in packet). Type(s) of Presentation: none Signatures of Submitting Staff: oc - • u4 Depa ment ead Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet?-l.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Acc unting Supervisor RE: Certification of Court Collections, HB Administration 72533 V During the forty-sixth legislative session a statute was included in the FY03-04 budget bill that provided for "reverse revenue sharing" from the municipal courts to the State. The legislative intent was to reallocate to the state general fund 75% of any increase in court collections from Fiscal Year 2003-04 compared to Fiscal Year 2002-03. The statute requires that the Town Council certify to the State Treasurer's Office by September 1, 2003 the amount of "baseline court collections" collected during each quarter of Fiscal Year 2002-03. Attached please find the Fountain Hills Municipal Court's report of baseline court collections for the first through fourth quarter of last fiscal year. The revenues for each quarter will become the permanent baseline used in calculating the quarterly remittance of 75% of the increase to the State Treasurer. At the first Council meeting in October, and each quarter thereafter, the Fountain Hills Municipal Court will provide the Council a quarterly report showing the total court collections for the preceding quarter. This report will need to be certified by the Council; if the total revenues exceed the previously established baseline for the prior year quarter seventy-five percent of the amount above that baseline will be transmitted to the State Treasurers Office. \\eanh\JGhetti\WPDATA\INTEROFFICE MEMO TEMPLATE.doc8/152003323 PM H.B. 2533 1 ALLOCATED PURSUANT TO SECTION 41-2421, SUBSECTIONS B AND J are subject to 2 legislative appropriation. ANY STATE GENERAL FUND MONIES APPROPRIATED TO THE 3 FUND MAY BE SPENT WITHOUT FURTHER LEGISLATIVE APPROPRIATION. 4 G. On notice from the supreme court, the state treasurer shall invest 5 and divest monies in the fund as provided by section 35-313, and monies 6 earned from investment shall be credited to the fund. 7 Sec. 8. Title 12, chapter 1, article 1, Arizona Revised Statutes, is 8 amended by adding section 12-116.04, to read: 9 12-116.04. County and municipal judicial collections; baseline 10 limitation; transfer to state general fund; 11 definition 12 A. ON OR BEFORE SEPTEMBER 1, 2003, EACH COUNTY BOARD OF SUPERVISORS 13 AND EACH CITY OR TOWN COUNCIL SHALL CERTIFY TO THE STATE TREASURER BASELINE 14 COURT COLLECTIONS FOR EACH QUARTER OF FISCAL YEAR 2002-2003. 15 B. BEGINNING ON SEPTEMBER 15, 2003, AND ON A QUARTERLY BASIS 16 THEREAFTER, EACH COUNTY BOARD OF SUPERVISORS AND EACH CITY OR TOWN COUNCIL 17 SHALL CERTIFY TO THE STATE TREASURER THE AMOUNT COLLECTED ABOVE BASELINE 18 COURT COLLECTIONS WITHIN FIFTEEN DAYS AFTER THE END OF EACH QUARTER. IF THE 19 REPORTING COURT DETERMINES THAT THE TOTAL REVENUES EXCEED BASELINE 20 COLLECTIONS FOR THAT QUARTER, SEVENTY-FOUR PER CENT OF ANY AMOUNT ABOVE THE 21 BASELINE SHALL BE TRANSMITTED TO THE STATE TREASURER WITHIN FIFTEEN DAYS _ 22 AFTER THE END OF THE QUARTER. ANY MONIES RECEIVED FOR THE FOUR R—OF_ 23 ANY FISCAL YEAR SHALL BE CREDITED TO THAT QUARTER. 24 C. THE STATE TREASURER SHALL DEPOSIT MONIES COLLECTED PURSUANT TO 25 SUBSECTION B IN THE STATE GENERAL FUND. 26 D. MONIES DEPOSITED IN THE STATE GENERAL FUND PURSUANT TO THIS SECTION 27 SHALL NOT EXCEED FORTY-FIVE MILLION DOLLARS. ANY MONIES RECEIVED EXCEEDING 28 FORTY-FIVE MILLION DOLLARS ABOVE BASELINE COURT COLLECTIONS SHALL BE 29 ALLOCATED AS OTHERWISE PROVIDED BY LAW. IF FORTY-FIVE MILLION DOLLARS IS 30 DEPOSITED IN THE STATE GENERAL FUND BEFORE THE END OF THE FISCAL YEAR, THE 31 STATE TREASURER SHALL NOTIFY EACH CITY OR TOWN COUNCIL AND COUNTY BOARD OF 32 SUPERVISORS TO NO LONGER TRANSMIT REVENUES PURSUANT TO SUBSECTION B. 33 E. IN ANY QUARTER IN A FISCAL YEAR, IF YEAR TO DATE REVENUES RECEIVED 34 BY THE STATE TREASURER EXCEED FORTY-FIVE MILLION DOLLARS FOR THAT FISCAL 35 YEAR, THE STATE TREASURER SHALL CONTINUE TO COLLECT MONIES FROM CITY OR TOWN 36 COUNCILS AND COUNTY BOARDS OF SUPERVISORS FOR THAT QUARTER. ONCE MONIES FOR 37 THAT QUARTER ARE COLLECTED, THE STATE TREASURER SHALL DETERMINE THE AMOUNT BY 38 WHICH YEAR TO DATE COLLECTIONS EXCEED FORTY-FIVE MILLION DOLLARS. ANY MONIES 39 COLLECTED BY THE STATE TREASURER ABOVE FORTY-FIVE MILLION DOLLARS IN A FISCAL 40 YEAR SHALL BE DISTRIBUTED ON A PROPORTIONATE BASIS TO CITY OR TOWN COUNCILS 41 AND TO COUNTY BOARDS OF SUPERVISORS THAT HAVE TRANSMITTED REVENUES PURSUANT 42 TO SUBSECTION B. THE AMOUNT REALLOCATED SHALL BE BASED ON THE AMOUNT 43 CONTRIBUTED BY EACH CITY AND COUNTY FOR THAT FISCAL YEAR. 44 F. FOR THE PURPOSES OF THIS SECTION, "BASELINE COURT COLLECTIONS" 45 MEANS THE AMOUNT COLLECTED IN FILING FEES, CLERK FEES, DIVERSION FEES, ADULT - 10 - H.B. 2533 1 AND JUVENILE PROBATION FEES, JUVENILE MONETARY ASSESSMENTS, FINES, PENALTIES,, 2 SURCHARGES, SANCTIONS AND FORFEITURES IN EACH MUNICIPAL COURT, JUSTICE COURT., 3 AND DIVISION OF THE SUPERIOR COURT IN FISCAL YEAR 2002-2003, BUT DOES NOTO 4 INCLUDE ANY MONIES COLLECTED BY THE COURTS FOR CLEAN ELECTIONS, CHILD 5 SUPPORT, RESTITUTION OR EXONERATED BONDS. _ 6 G. THE STATE TREASURER SHALL REPORT BY JANUARY 15, 2004 AND APRIL 15, 7 2004 ON THE AMOUNT OF COLLECTIONS PURSUANT TO SUBSECTIONS B AND C OF THIS 8 SECTION TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF 9 THE SENATE. THE COLLECTIONS DEPOSITED IN THE STATE GENERAL FUND PURSUANT TO 10 THIS SECTION ARE APPROPRIATED FOR COSTS OF IINCREASED STAIF--EMPLOYE.E._HEALT-H-_._ 11 INSURANCE AND RETIREMENT RATES IN FISCAL YEAR 2003-2004 AS PROVIDED IN 12 SUBSECTION H OF THIS SECTION. 13 H. BASED ON THE AMOUNTS REPORTED AND APPROPRIATED PURSUANT TO 14 SUBSECTION G OF THIS SECTION, THE JOINT LEGISLATIVE BUDGET COMMITTEE STAFF 15 SHALL DETERMINE AND THE DEPARTMENT OF ADMINISTRATION SHALL ALLOCATE TO EACH 16 AGENCY'S OR DEPARTMENT'S EMPLOYEE RELATED EXPENDITURES AN AMOUNT FOR COSTS OF 17 INCREASED STATE EMPLOYEE HEALTH INSURANCE AND RETIREMENT RATES. IN MAKING 18 ITS DETERMINATION, THE JOINT LEGISLATIVE BUDGET COMMITTEE STAFF SHALL 19 ALLOCATE THE FIRST TWENTY THREE MILLION DOLLARS FOR INCREASES IN STATE 20 EMPLOYEE HEALTH INSURANCE COSTS AND ANY REMAINING AMOUNT UP TO TWENTY ONE 21 MILLION DOLLARS FOR INCREASES IN STATE EMPLOYEE RETIREMENT COSTS. 22 Sec. 9. Section 13-901.02, Arizona Revised Statutes, is amended to 23 read: 24 13-901.02. Drug treatment and education fund 25 A. The drug treatment and education fund is established. The 26 administrative office of the supreme court shall administer the fund. 27 B. Fifty per cent of the monies depos;ed_in_the drug treatment and 28 education fund shall be distributed by the administrative office of the 29 Supreme court to the superior court probation departments to cover the costs 30 of placing persons in drug education and treatment programs administered by a 31 qualified agency or organization that provides such programs to persons who 32 abuse controlled substances. Such monies shall be allocated to superior 33 court probation departments according to a formula based on probation 34 caseload to be established by the administrative office of the supreme court. 35 C. Fifty per cent of the monies deposited in the drug treatment and 36 education fund shall be DEPOSITED IN THE STATE GENERAL FUND EXCEPT THAT THE 37 FIRST SIX HUNDRED FIFTY THOUSAND DOLLARS SHALL BE distributed to the Arizona 38 parents commission on drug education and prevention established by section 39 41-1604.17. 40 D. The administrative office of the supreme court shall cause to be 41 prepared at the end of each fiscal year after 1997 an accountability report 42 card that details the cost savings realized from the diversion of persons 43 from prisons to probation. A copy of the report shall be submitted to the 44 governor and the legislature, and a copy of the report shall be sent to each 45 public library in the state. The administrative office of the supreme court O M O W M r- r M O N t` � m � L d O N M O (D D) r,-,m M M 7 r,� N M n M (q i O N r- 0 T � CO CD M O0 r` OD O N � LO 00 M � CO ct N 3 It to LO (o N r- It M N � co r- (D 00 N Ln 4 N t 69 Ef3 VY ER EA (fl (f) U) 6a WR Hi (A (R U) d-T Efl (A 613 1 1 1 I 11 11 L O m N O n w r- O O O O N m M It I�P LO d O t` OD O N m o r- N M M M M (0 LO (.0 i O CO r O (6 (D O (n � 00 N N r` 1C (D O O � (D 00 O 0 (o CO CO (P) N � Ln N co N LO M O OO (j d' N 00 M C6 a L M co to Ga I Uj H} 1 69 K3 69 Gql Gq I H) 60 69 69 I E9 I 69 69 (a L o 00 M O CO O O N O M � 00 �t CO r- d O Ln r*,� O 'zt O O O (n O [-� r,� M N i O d' LO O O Ln O (n LO (O M r M !C o M N O O LO O O N d M (n M 0 = N M M (o N O (o (D co r- It co 0 r` N 6) M m L a N w 69 I w I 69 K-) I UY 1 69 1 69 69 I 69 d} I w w 1 (f} 1 to 69 UDI 69 L O CO O O CO M M m O m O It (o O O 0) d O O N O O M CM (D t` O O M N (D O) L- 0 (D O O O N LO N O r` r` O M O (0 00 M m N 00 LO Lr) N N (D CO M LO M CO It M (D N N 3 M N 00 O M N (D N r- N (D O M O d N 00 r N U U N Z 06 W LL co LL (n LL U M W W LL 0 U W C) M LL a C3 � U Q LL Q U) W W CO LL J LL � LL = U LL U = Lr 0- U N N N N N N N N N N N N N N N N N O 0 a cu :3 Li LL O : Z a O c (n w LL O E 0 .c \ j v Oww O O O r- c O) LL Q 0000 c. U c L0 W d LL O O O E c6 0O OCO c co u� O c ns c c U o (a oC o 2 > c w LL iL ii � 0 0 W 0 m - - °) c cn W c w U) c % is w o O o o LL U U _ ro Q)) ) in N M O LL U cm c vOi O (n LL LL F- L L O O O3 y M O D c w w p m Ir Lr z C3 m O c6 �; OC cc a Q O = L 2 Z O 2 O UO 7 D O U (� m 0== LL U C) �= m LL U (n J a LU 0 0 U > 0 0 0 0 0 O LO LO LO m LO LO LO LO LO LO LO LC) LO LO LO LO LO 00 0 00 00 00 0 00 o 00 00 Ln W 0 0 o O o O o 0 0 o 0 0 0 0 0 0 0 OC o CD 0 o O o 0 0 0 0 0 0 0 0 0 0 Aw Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:® Regular:[:] Meeting Date: 08/21/03 Contact Person: Denise Ruhling, Planner Requesting Action: El Type of Document Needing ADnroval (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 a final plat, for property located at 13341 N. Manzanita aka Parcel N West Phase II @ SunRidge Canyon Lot 30 and Tract D, a lot join project. Case Number S2003-09. Staff Recommendation: Approve Fiscal Impact: No Purpose of item and Background Information: This request is for approval of the Preliminary/Final Plat for a lot join project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The Sunridge Homeowners Association is requesting to join two vacant lots, creating one large lot. Lot 30 is 10,603.96 square feet, Tract "D" is 34,670.51 square feet. Both lots are directly adjacent to SunRidge Canyon Golf Course. Lot 30 is zoned RI-10A; however, the Homeowners Association does not feel that this lot is buildable and would like to join it to Tract "D" making additional open space. There are no improvements on Lot 30. List All Attachments as Follows: Application, Final Plat. Type(s) of Presentation: Signatures of Submitting Staff: . dA-.. �. - /, o/,, 4- - / gr"10C r-- 4 # D partment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: August 11, 2003 FR: Denise Ruhling, Planner RE: Replat Lot 30 and Tract "D" of Parcel N West Phase 2 at Sunridge Canyon. Case # S2003-09. LOCATION: Lot 30 and Tract "D" Parcel N West Phase 2, Sunridge Canyon (south side of Manzanita Lane). REQUEST: Consider the replat of a lot by joining it with a Tract. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: OWNER: SunRidge Canyon APPLICANT: Marianne Wiggishoff EXISTING ZONING: "R1-10A and OSR" EXISTING CONDITION: Vacant LOT SIZE: 10,603.96 square feet and 34,670.51 square feet SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "R1-10A" SOUTH: SunRidge Canyon Golf Course; zoned "OSR" EAST: Single-family residence; zoned "R1-10A" WEST: Single-family residence; zoned "R1-10A" SUMMARY: This request is for approval of the Preliminary/Final Plat for a lot join project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The SunRidge Homeowners Association is requesting to join two vacant lots, creating one large lot. Lot 30 is 10,603.96 square feet, Tract "D" is 34,670.51 square feet. Both lots are directly adjacent to SunRidge Canyon Golf Course. Lot 30 is zoned RI-10A; however, the Homeowners Association does not feel that this lot is buildable and would like to join it to Tract "D" making additional open space. There are no improvements on Lot 30. RECOMMENDATION: Staff recommends approval of S2003-09; Replat of Lot 30 and Tract "D" of Parcel N West Phase 2 at SunRidge Canyon. Rug 11 03 03:4Gp p. 2 Qnbou� b 3 1� 11 R b 3 A 9 Q �` y ` �`9� cc:.• ,arc r[ M.a,ccao...eo ` u - LL it a g �Z pp C �' 4,I e5'R�nw ■R ,�y_!�R '1 Z �- I 1�SM 17�. � N i q 3 3 �F6��Cpl::_ 1 IPPP 15 I• Z n ce 0 O h �g �r MIME--, V N4 p v7 < t }� u au F- f. Zl 1J C �W Q Q ee O d � ? otjq aQ = IAS CD ce - gel is 9� Y a mw! 15 wj �I a ash 30 =INN F ig pl"pr j ` Y -A '9 9 OPo � 3eba'a b C. fi��lip, ;e% I I i t 1§XX $ � ' $ f� w� r C� A�� 0 wga; � aea ea`a4, I W ash '� 291i ��g F t c iy 9 a E ti� is is ��a 3 E it;i � hN Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:® Regular:❑ Meeting Date: 08/21/03 Contact Person: Denise Ruhling, Planner Requesting Action:N TVDe of Document NeedinLy ADDroval (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 ADDroDriate 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 a final plat, for property located 16728 Bayfield Drive aka Plat 104, Block 10, Lot 3. Case Number S2003-08. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of the Preliminary/Final Plat "Sonoran Hideaway Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. List All Attachments as Follows: Application, Floor Plan, Final Plat. Type(s) of Presentation: Signatures of Submitting Staff: Dep rtment Head -ly�D 3 Town M4ifaiger / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: August 12, 2003 FR: Denise Ruhling, Planner !L RE: Preliminary/Final Plat for the "Sonoran Hideaway Condominiums". Case # S2003-08 LOCATION: 16728 Bayfield Drive aka Plat 104, Block 10, Lot 3. REQUEST: Consider the Preliminary/Final Plat for "Sonoran Hideaway Condominiums", a 2- unit condominium project. PROJECT MANAGER: DESCRIPTION: Denise Ruhling, Planner OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Paul L. Buttino Paul L. Buttino "R-2" Developed and occupied 10,994 sq. ft. or .25 acres SURROUNDING LAND USES AND ZONING: NORTH: Single-family Residence; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary/Final Plat "Sonoran Hideaway Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The applicant is requesting approval of a two (2)-unit condominium project (built in 1999) in a R-2 zoning district. The two -unit complex is currently under the sole ownership of Paul L. Buttino. Lot coverage is 28%; allowed lot coverage is 50%. Project density is 5,497 square feet per dwelling unit; required density is 4,000 square feet per dwelling unit. Unit A has 1045 square feet of living area plus 414 square feet of garage. Unit B has 1,210 square feet of living area plus 414 square feet of garage. Each unit accommodates parking with a two -car garage. Trash pick up is individual. Sonoran Hideaway Condominiums S2003-08 EVALUATION: The application conforms to the TOFH zoning ordinance requirements for limited multi -family housing; including, setbacks, lot coverage, open space, and parking. RECOMMENDATION: Staff recommends approval of 52003-08; Preliminary Plat "Sonoran Hideaway Condominiums". Page 2 of 2 l au•zsambi C%q Oo p aivu_a 8998-LE8 (L �b svel-LS8 C015" 402 31InS '3AV M3JA)oNVd '3 91L91 -J lwm35v"w v gmli3i MFl3agage ; A6-3\NU9 -NOW e�B�atia�'�4 Yi aC I-� Eo O A $a �a �m O r� V 1 $a� W i at 8 WlaNN i�wz 3 1 c4a >_ 0 lvne 4niulNcaNOO I 3nId Ol3I 2AVE 62L9T SV wba, E 10l Oi >130le b0i ldld AVMV3OIH NVMONOS ` F t WlEA E_u _ N OBb2'35' RR9S 00 BEARINO r��s baxo � a 9 e $� »t �, � din v? '� "' a ��sr ❑ '� ga P-y aYaW 1 a i Al 7b Y $ $� o �9�a kye 8 `� g3 fig? Yp 9i e fig 1;125 � 44 � � ,c � b�: ', 5. .. b'Y� i �$M i JAI 99 �vi yy ri�� e� ga3b� ��Y�✓�'a� �' b2 _ N C jig$ '�3�8 Y� i,.. �aaa� �a��Y �a �� ez 3�e5's•` N 65 di r1.` E�'8L-nEE as HUN m o `m N M CD '"aw Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Meeting Date: 8/21/03 Contact Person: McGuire Consent:® Regular:❑ Requesting Action: El 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: Council Priority (Check Appropriate Areas): Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ® Community Development ❑ Finance Regular Agenda Wording: * 13.) Consideration of adopting RESOLUTION 2003-42 to ratify changes made at the August 7, 2003 meeting. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The clarify council actions from the August 7, 2003 meeting with regard to the formation of the Ad Hoc State Land Committee. List All Attachments as Follows: memo and resolution Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town manager Budget Review (if item not budgeted or exceeds budget amount) JORDEN BISCHOFF •► MCGUIRE &ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor, Council and Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: August 19, 2003 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGUIRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com SUBJECT: Ad Hoc State Land Committee, Resolution No. 2003-42 After reviewing the minutes from the August 7, 2003, Council meeting, it is apparent �'`.► that, despite our best efforts, Resolution No. 2003-42 regarding the formation of the Ad Hoc State Land Committee (the "Resolution") was not properly passed in the form we all believed it to be. Accordingly, I have placed the Resolution on the consent agenda for the August 21, 2003, meeting to ensure that it is passed in the form you agreed to, at least in concept, at the August 7 meeting. 9196.001 \Council. mmo. stateland. doc 8-19-03 RESOLUTION NO. 2003-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FORMATION OF THE TOWN OF FOUNTAIN HILLS AD HOC COMMITTEE ON STATE LAND. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") recognizes the importance of preserving open space and developing parks and trails for recreation; and WHEREAS, the incorporated boundary of the Town of Fountain Hills (the "Town") is bordered by land owned by the State of Arizona; and WHEREAS, the Town Council desires to form an ad hoc committee to (i) work with the State Land Department toward preserving open space, realizing the ultimate development of the State trust land, assisting and assuring the most appropriate development of the State trust land, (ii) assess the benefits and burdens of annexation of State trust land, (iii) identify areas for the eventual development of parks and trails for recreation and (iv) provide the Town Council with a recommendation regarding the ultimate disposition thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town Council hereby approves the formation of the Town of Fountain Hills Ad Hoc Committee on State Land, to be appointed by the Mayor and the Town Manager, consisting of nine members representing the following organizations: McDowell Mountain Preservation Commission (2); McDowell Mountain Park Association (1); Fountain Hills Chamber of Commerce (1); Fountain Hills Unified School District (1); Local Contractors (1); Local Developers (1); Fountain Hills Sanitary District (1); and Fort McDowell Yavapai Nation (1). SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 7, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ZW, W. J. Nichols, Ma 8-19-03-1 Bevelyn J. Ben r, T n Clerk APP VED AS TO FORM: t ( t�l i - An w J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:® Regular:❑ Meeting Date: 8/12/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needing Anuroval (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 Anvromiate 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 approving a one year extension for the Preliminary Plat "Sierra Madre Estates", a nine -lot single-family subdivision of an unplatted parcel of land located on the north side of Sierra Madre Drive, west of Golden Eagle Boulevard; Case #S2001-16. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Robert Sternfels has requested a one-year extension of the preliminary plat approval for "Sierra Madre Estates". On August 15, 2002, the Town Council approved this preliminary plat with a 4-3 vote. Staff recommends Town Council approve this extension request. List All Attachments as Follows: Extention Request, dated July 23, 2003 Type(s) of Presentation: NA Signatures of Submitting Staff: a e , W11,4 D artment Head l� Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) LOUIS G.JEKEL ROBERT C. HOWARD, JR. RO r°T B. STERNFELS ° C,NE E. PESTICCI DIA I. RADER OF COUNSEL ROBERT E. THOMSON ° JAMES E. MERRIMAN °°° Also admitted in California ° Also admitted in Colorado and New York °°° Please reply to Fountain Hills office _ FOUNTAIN HILLS OFFICE Jekel, Howard & Sternfels, L.L.P. 16803 E. Palisades Boulevard Fountain Hills, Arizona 85268-3824 480 816-9985 fax 480 816-5342 SCOTTSDALE OFFICE Jekel & Howard. L.L.P. 8283 N. Hayden Road, Suite 100 Scottsdale, Arizona 85258-2455 480 948-7060 fax 480 951-0463 PINNACLE PEAK OFFICE & Howard, L.L.P. Pinnacle Peak Road, Suite D-230 Sc sdale. Arizona 85255-3622 480 948-7060 fax 480 951-0463 JEKEL, HOWARIY 'STERNFELS, L.L.P. Attorneys at Law TOWN OF FOUNTAIN HI__ Wednesday, July 23, 2003 3 U L 25 2003 Dana Burkhardt Senior Planner Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Re: Sierra Madre Estates. Case Number S2001-16 Dear Dana: The above preliminary map is about to expire on August 15, 2003. Please accept this letter as a formal request to extend the preliminary map for one year. My client assures me that the final map is near completion and should be filed soon. However, to insure that the preliminary map does not expire before then, an extension is necessary and hence requested. Although my clients have diligently pursued a final map, whatever delay there might have been may be attributed to litigation filed against my client by the North Heights Property Owner's Association (the "Association"). The Association claimed the exclusive right to an easement area that included a monument for signage purposes. The Town required that the monument be altered to provide an adequate line -of -site for vehicles exiting Princess Court. The Association attempted to halt the subdivision by refusing to per?nit the alteration of the monument to enable my clients to comply with the Town requirements. In the litigation, the court rejected the Association's claim to the easement and the monument and permitted my client to amend the monument to comply with the Town's requirement. I previously faxed to you a copy of the Court's Minute Order. I am pleased to enclose a filed -endorsed copy of the recent Order wherein the Court held (1) the easement is not the exclusive possession of the Association and (2) it is for landscaping purposes only, and not for the display of signage. Hence, there is no legal impediment to my clients' complying with the stipulations to the preliminary map and_therefore will finish the final map and submit it for approval. My clients therefore request an extension so that they can file the final map and obtain its approval forthwith. Sincerely, Robert B. Sternfels RBS/rts cc: Bo Rajkovski Butch Larson Rytan LLC Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 08/21/03 Contact Person: Denise Ruhling, Planner Requesting Action:® TVDe of Document Needing ADDroval (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 ADoronriate 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: Public Hearing to receive comments on a request for a Special Use Permit to allow the sale of alcoholic beverages located at 16948 E. Shea Boulevard #104 (Redendo's Pizzeria). Case Number SU2003-06. Consideration of approving the Special Use Permit to allow the sale of alcoholic beverages located at 16948 E. Shea Boulevard #104 (Redendo's Pizzeria). Case Number SU2003-06. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Per Section 12.04 alcoholic beverage sales and dispensing are subject to Special Use Permit in the C-1 zoning district. This request is for approval of a Special Use Permit to allow alcohol sales at Redendo's Pizzeria & Pasta, 16948 E. Shea Blvd. Suite 104. The proposed alcohol service will be restricted to indoor consumption only and is not proposed for take out. List All Attachments as Follows: Staff Report, applicant narrative, map. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: De rtment Head To anag / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING STAFF REPORT TO: Mayor and Town Council DT: August 11, 2003 FR: Denise Ruhling, Planner RE: Special Use Permit to allow Alcohol Sales at 16948 E. Shea Blvd. Suite 104. Case #SU2003-06 This request is for approval of a Special Use Permit to allow alcohol sales at Redendo's Pizzeria & Pasta, 16948 E. Shea Blvd. Suite 104. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: APPLICANT: Anthony P. Redendo OWNER: Gilligan Family Trust (property owner) EXISTING ZONING: "C-1" EXISTING CONDITION: Commercial LOT SIZE: 39,335 square feet (entire shopping center) SURROUNDING LAND USES AND ZONING: NORTH: Vacant Commercial; zoned C-1 and Existing Single Family Residences; zone R1-35 SOUTH: Existing Commercial; zoned C-2 EAST: Existing Commercial; zoned C-1 WEST: Existing Commercial; zoned C-1 SUMMARY: This is a request to allow the applicant to sell alcoholic beverages to be consumed on site. The existing restaurant is approximately 1,200 sq. ft. with a dining area of approximately 288 sq. ft. Current use of the site includes Subway, Circle K (with gas pumps), Redendo's Pizzeria and Senor Taco. The proposed alcohol service will be restricted to indoor consumption only and is not proposed for take out. EVALUATION: Per Section 12.04 alcoholic beverage sales and dispensing are subject to Special Use Permit in the C-1 zoning district. R Redendo's Pizzeria SU2003-06 This property is buffered from residential housing by existing or proposed commercial services. The nearest residence is located in Monterra Ranch Condominiums. Based upon the nature of the existing business as a restaurant, staff has no issue with the approval of alcohol sales in general. The Planning & Zoning Commission reviewed this application at Public Hearing, July 24, 2003 and voted unanimously to recommend approval. No public input was received by mail nor given at the public hearing. RECOMMENDATION: Staff recommends approval for a Special Use Permit to allow alcohol sales for "Redendo's Pizzeria and Pasta 16948 E. Shea Boulevard, Suite 104". Case Number SU2003-06. Page 2 of 2 Piz.r�� & Pastcz new- rMrA city rL%C= the fwac Special Use Permit 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. Redendo's is Fountain Hills newest pizzeria set in a back alley of New York City circa 1941. We are located at 16948 East Shea Blvd. #103 and #104. As a restaurant we have applied for a #12 RESTAURANT PERMIT with the state of Arizona. We are proposing to sell beer and wines to be consumed inside the premises. NEVER FOR TAKE-OUT, DELEVERY OR SIDEWALK/PATIO CONSUMPTION. e are also proposing expanding our seating capacity from 28 to 34 seats on the sidewalk patio. This wil still allow a generous amount of legal ADA access to the sidewalks (See attached photos } ,-�. r1io^ vte� 1rL� P\,cuV 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid the adverse impacts. As with any restaurant selling alcoholic beverages, responsible service is key in reducing the number of �Wverse effects on the community. As a Food and Beverage Instructor at Maricopa Community Colleges I have the expertise to fully train my staff in these safe practices. Inre ence to the expanded seating, We will have signs stating that "Alcoholic Beverages may not leave the remises or be consumed at the outdoor tables" 11 11 O&VA-znri0I3 CS M F7 c. lit iEt = \ t\ a 1i }IiS cc 2 0 IL 22 u 0 Ml Mims x W A ip ej■� !R ....... . .. 30 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/21/03 Submitting Department: Public Works Contact Person: Tom Ward Consent:lr--] Regular:❑ 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 AApropriate 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: Consideration of the liquor license application submitted by Redendo's Pizza & Pasta located at 16948 E. Shea Blvd. The application is for a Class 12 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 at that time 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: /uw/ D artment Head n Town Manager r Budget Review (if item not budgeted or exceeds budget amount) 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. 12075485 COUNTY OF Maricopa , ARIZONA. CITV/TOWN/CQ NO. #109 ORDER NO. At a Regular meeting of the (Regular or Special) Town Council (Governing Body) of the lS4/Town/056h of Fountain Hills held on the day of acv3 the (Day of Month) (Month) (Year) Application of Anthony Peter Redendo for a license to sell spirituous liquors at the premises described in Application No. 12075485 -License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Anthony Peter Redendo 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. 6W � (�'& 0TWTOWN/CGUNiTY CLERK DATED AT Fountain Hills This- c,�l day of D 3 (Day of month) (Month) (Year) lic 1007 08/7997 Disabled individuals requiring special accommodations please call the Department 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 ` Date of Posting: 04/18/03 Applicant Redendo Name: Last AFFIDAVIT OF POSTING Date of Posting Removal: 05/08/03 First Peter Middle Business 16948 East Shea Blvd. #104 Fountain Hills 85268 Address: Street city zip License #• 12075485 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. Bevelyn J. Bender Town Clerk Print Name of City/County official Title (480) 837-2003 Telephone # 8/a/A.3 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 Uc9119 03/1999 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 25, 2003 FR: Tom Ward Director of P li r s RE: Redendo's Pizza & Pasta Liquor License Application ni Anthony P. and Carolyn M. Redendo are requesting Council approval of a new Class 12 liquor license for Redendo's Pizza & Pasta located at 16948 E. Shea Blvd., #104. 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 and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Town Marshal at that time, staff recommends approval. 0 Redendo's Liquor License Application.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Tom Ward, Public Works Director DT: 04/25/03 FR: Ken Martinez, Interim Town Marshal RE: Liquor License — Redendo's The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Redendo's Pizzeria and Pasta located at 16948 E. Shea Boulevard #104. 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. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicants, Anthony P. Redendo and Carolyn M. Redendo are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for either party. Additionally, the business has a current town business license #5037 valid through 09-30-03. 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, and that there is a current Fountain Hills business license on file, I recommend approval. Kmartinez;KLM;\\earth\KMartine\My DocumentALIQUOR Licenses\Liquor Approval Memo-Redendo's.doe;Created on 4/25/2003 4:28 PM A RIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress 77 Phoenix AZ 85007-2934 �Ll}con AZ 85701-1352�� (602) 542-5141 O(il • ` L `'(520) 628-6595 - ~' APPLICATION FOR LIQUOR Ly&k El 1 P 3: 13 r , TYPE OR PRINT WITH BLACK INK r Not -ice: Effective Nov. 1, 1997, All Owners Agents, Partners Stockholders. Officers, or Mana.-ers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ IN"I BRIM 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 2 Type of ownership: 0 ❑ J.T.W.R.O.S. Complete Section 6 ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 Z .*,/� 3 ❑ CORPORATION Complete Section 7/Z//0 3 LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 1 aeg ss1 95 1. Type of License: St , ; e c, - � 2-- Re 5� , 2. Total fees attached: $ 1() 0. 0C3 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent's Name®.( - (Insert one name ONLY to appear on license) Last First Middle 2. Corp. /Partnership/L.L. C.: _ \�� eQQra p ` S L L-CI��Ss�� ,((Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: \ `C� �QN A 0 S �12, Q -1 1: �& 5 v� (6,; :`�- 76 72 (Exactly as it appears on the exterior of premises) AZ 4. Business Address: k lD C1 L4 a CASE- 5� � `VO -u 104 �r cv � G S2(oa (Do not use PO Box Number) City COUNTY Zip 5. Business. Phone: ( 4 %(3 ) $16 . i 3 5(o Residence Phone: ( 4Qp 83-7 , (c44 Z 6. Is the business located within the incorporated limits of the above city or town? AYES ❑NO 7. Mailing Address: 1 (yC1 y vd A` \014 701-1ti-c\: ,a 1A0\ S h Z 85Z(o� City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPART vMN T USE ONLY Accepted by:Qz Date: ') _O 3b �A �S Lic. # Fees: © $ Application Interim Permit Agent Change Club F. Prints TotAL D� �v vA 13, UFFEN RFSSULT IN A LONGER WArrrNG PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF TEL LICENSE. LIC 0100 1I/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you 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? 9 ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I> , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. (Signature) My commission expires on: State of County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year (Signature of NOTARY PUBLIC) c� SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC010111, AN "APPLICANT"' TYPE FINGERPRINT CARD, AND $24 nm FOR EACH CARD. - v n 1. Individual: w Last First Middle % Owned Residence Address '— City State Zip Partnership Name: (Only the first partner listed will appear on license) General -Limited - Last First MirUitr S n--q ❑ ❑ ❑ ❑ %n �. �� ♦�a..�a �a✓✓itavi\ra1. Jl1LL.L 1S' 1\LI.LJJl1iCS) Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $?A FEE FOR EACH CARD. ❑.,/ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. L L L �d L.L.C. Complete uestions 1, 2, 4, 5, 6, 7 and attach copy oPArticles of Org. and Operation Agreement. r 1. Name of Corporation/L.L.C.: -e JoN (3 1110 i (Exactly as it appears on Articles of Inc. or Articles of Or..) ' 2. Date Incorporated/Organized: io 1`1 02 State where Incorporated/Organized: 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: _10/2y 1U7? 4. AZ L.L.C. File No: L ` 1 b`5 0 1 c 1 -3 Date authorized to do business in AZ: 1 O )2_ 4 / O Z 5. Is C^rp./L.L.C. non-profit? ❑ YES IS'NO If yes,_give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First UiMlo T:.1.. 4�11 eN - - - MAN uty State Zip tQ a r A-h 'r q%Oq N• S�1^4-:Se CirC(2 LI(0 S A Z J L(o91 �. .. .. .�.a♦ r�✓uilavt�nL 0nL,j jr /V LI.CJJAKr) 7. List stockholders or controlling members owning 10% or more: First Middle % Owned Residence Address City State Zip 51 % I q� �q New S�„N, t.,. ►sn", A-Z 1R-e cue r► 0 Cyr, -a r, rh yq % �n i n 3r=r_1 tl- 1NbLtZSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle V o ;A>.... A AA---. (ATTACH ADDITIONAL SHEET IF N-ECESSAR n 3 52.4t SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last Last Firs[ Middle 3. License Type: License Number: Date of Last Renewal: 4. 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. 2. Assignee's Name: SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last Last First First Middle Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation/L.L.C. Name: Current Business Name: 4. Current Business Address: License Type Last First (Exactly as it appears on license) (Exactly as it appears on license) License Number: 6. Current Mailing Address (other than business): Middle Entity: (Indiv., Agent, etc.) Last Renewal Date: Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO PC 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. (Print full name) declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, 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 (Signature of CURRENT LICENSEE) My commission expires on: The foregoing instrument was acimowledged before me this day of Day of Month Month Year n (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) 1"LICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER uNT.LL IT IS APPROVED BY THE STATE. U L L C 1. Current Business Name and Address: (Exactly as it appears on license) t 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: SECTION 13 Questions for all in -state applicants: Last Renewal Date: What date do you plan to open? 1. Distance to nearest school: ft. Name/Address of school: (Regardless of distance) �-75 rn E-r!KA :N kA s AZ 2. Distance to nearest church: ft. Name/Address of church: (Regardless of distance) - SCOJ 9 va 3 lv8 F_01 -�i..1 N; %l.7 A Z 854% S 3. am the: LESSEE ❑ SUBLESSEE ❑ OwNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: l 1 At.1 �• �► t �l S K 1 N S,Q. Ie \ 022- S 6- SAdeN�9 hZ 4a. Monthly rental/lease rate $ a,What is the remaining length of the lease? 3yrs. c,0 mos. 4b. What is the penalty if the lease is not fulfilled? $ p Lj, 6 UO 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 Q / d 0 Q Does any one creditor represent more than 10% of that sum? El 'ITS L`J NO If yes, list below. Total must equal 100%. Last First M;,idla m- n...-a Armucnn Adaress City State Zip r uui i lun?t . Jritt i it- NtC ESSARY) What type of business will this license be used for? (BE SPECIFIC) Re.S4_sn%1k1-_�f4 Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? EYES ❑� If yes, attach explanation. Does any spirituous liquor manufacturer, wholesaler, or employee �ha ,,have any interest in your business? ❑YESZNO Is the premises currently licensed with a liquor license? El YES tt1 NO If yes, give license number and licensee's name: License #/ (Exactly as it appears on license) Name c SECTION 14 Restaurant, or Hotel -Motel Applicants: W. 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? Y ' L NO If yes, give licensee's name: and license #: Last First Middle 2. If the answer to Question I 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. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? DYES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensedremises: Entrances/Exits 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. _o 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or'stbred. Give the square footage or outside dimensions of the licensed premises: k � � DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC.' _ 3a,4r uom S _ 7 0,11 i✓1�%� � 1 I �, �_1 1 J i � � I -- e ce k CY -�— YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 1. A A �P �� cAry — s� ries ►Z C�rC� � SCr:es 10 3. C waIclve�,n�, sc,�e'�. 10 4. 7C xA t a $�r-'- 1o..r 5. 6. 7. 8 _ M 9. M 10. U 11. 12. 13. r-, q 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. 1 0 E31FL.A P. ALDAMA Notary Public - Armono Mcnicopa County CornmExpires Sep 14, 2M4 I, / declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLIC IA ENT 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. State of -�l�24 (" County of/ X The foregoing instrument was acknowledged be ore me this � Signature) -..Ld day of -1 �— I� Day of Month Month Year My commission expires on: �� L( -Qq (Signature of NOTARY PUBLIC) SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locate 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 1-� Mi. 12 First United Baptist Church 13 14 A.R.S. Section 4-207.A reads as follows: '-� Mi . N 1 1.11 M i . Id- 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. P im 2 3 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floors 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # f"'/ I 7 O S 1. List km Make_ Mnriel Anrl ( nnnrity of ynnr EV v,\ c Au uS� e� �� zza 8 \re� 2 owe ►as 4 Freezer �'\1 SS2e aa„ap!^ cetvk;reN4--\ Refaerator o t� 0— 0 t,4 t t-C Ac'\ �C �; � � ,-S 2 Ytil` 51ZC 1 2 4►d d-ar' COHN� Sink 3 s;N�s Dish Washing Facilities 3- c o��Ar�w�ew� s'INti Food Preparation Counter (Dimensions) A Other Print the name of your restaurant: rA j d S 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 ( + p C. Total area of your premises ( Zoo 5. What type of dinnerware and utensils are utilized within your restaurant? EiI Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes what percentage of the public floor space does this area cover). ❑ Yes % Q" No 7. What percentage of your public premises is used primarily for restaurant d'vnba? (Does not include kitchen, bar, cocktail tables or game area.) b p % *Disabled individuals requiring special accommodations, please call the Department. U00114 05/1999 8. Does your restaurant Contain any games or television? ❑ Yes 3 No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) 9. Do you have live entertainment or dancing? ❑ Yes C1'No (If yes, what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. —i� z-z A, `13 Q,ke r-* iiLv.11�1v� e Ou / C o O k -,—(L,-, wa &\� f'— hereby declare that I am the APPLICANT filing this application. I have (Print Lill name) read theis application and the contents and all statements true, correct and complete. State ofJ4-- 74�County of Y� X 4 The foregoing instrument was acknowledged bef re me this (Signature of APPLICANT) day of _I'tV 6`1 L , aQ?�. (/ Day of Mouth f Month Year My commission expires on:: (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washinaton 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 `" Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 HOTEL -MOTE N RESTAURANT LICENSES RECORDS REQUIRED FO 'UDff OAF Sk�iS #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 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) ..,.•r9..,Financial Statements -Income Statements -Balance Sheets Ar At7 ,t W P_Qperal Ledger A.; Sales Journals/Monthly Sales Schedules ),l) 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, saleand delivery of food. A.R.S. 205.02.G. For the purpose of this section: ti a 0 1. "Restaurant" means an establishment which derives at least forty percc nt (4L%) of its gross revenue from the sale of food. — r-- r 2. "Gross revenue" means the revenue derived from all sales of food andTs�piri ous liquor on the licensed premises, regardless of whether the sales of spirituous I*or are made under a restaurant license issued pursuant to this section or under any oth73icense that has been issued for the premises pursuant to this article. 1, (print Licensee/Agent's Name): Re jzt l J C) AAA Last First d�1°c`� dy have read and fully understand all aspects of this statement. comm'2gms State of 'A f? i Zr0r16%— County of ((.`cif A The foregoing instrument was acknowledged before me this X day of Aaj 00 (Signature of Licensee/Agent) Day of Month Month Year My commission Expires on: a q- l c{- Q e /' - of ajw�,-n Day of Month Month Year (Signature of NOTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS o e-� � 0 C o = r6 o" d n o Ev � c � � � � n � • (� 7 � rRi A c V o n -- N Vf T —1 P1 1 `• oN EV a � ^ � , .T a p� < m e v � Lq oo• 5 ry c o o 0 o c O 0 w� S p � ('D � y c "C [D c 3 c CD � r-: O �p a (D hi � fo cC erE T C o •gyp A• N N � H C C S � ro Ev O O G r9 — -r ti w n� X w 3 m m ro = oo d m = C > > a a = o_ O O O_ O_ ? — O N O M N RO n n N = :D N N N W. C o ;. r) . o o z m 0 3 — N O 0 w m = u D f° N ,•Z� r ti w C p s N o C H a? n fD f1 n OC N w ., (D < (D w C n O' o 7 toO C. -„ (D cD COC J w C w ,y� �c O C < N w �• V7 O y _ (D (i .-3 fl a D d (D 0 v, 0 (D < C (D CD G O n _ C W (D = � �. o C ..p CC)rt H' C c �' o DfD ID (D H d (D o Co SU n 3 -{ r* 0 n x_ m o < (D M m < p O = �. 0 (D < w H O G'in' CL y T 7 (yDi O G S A) �. O w 's fD (D 7 r:� v ti r G -n S � fD a sv ` s m r � a � w B3 Z. to 6 Gn 7 ry GI CL n c o c 0 0 ` c ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor r-. bn -' 400 W Congress N150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 DUk-1AL 0t(-UKl I Y ANU BIRTHDATE INFORMATION J�) ONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED T&aPUBLIC rieaa t.aretuny , this instrument is a sworn document. Type or print with black ink An extensive investigation of your background wfflZQctWducWb. PIse-Jor f omplete 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 (10h 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 DEPARTMEIv-r OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 1 �o 9 sggs ( 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—*- Licensee or Agent must complete # 25 for a Manager Licensee or Agent must coin lete # 25 2, Name: AU Ays tu- �- '� Date of Birth: Last First IMiddle (This Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: Q i 4 IS 3'a 0 a State: AZ (This Wi➢ Noo t Become a Wr— blic Records) 4 . Place of Birth: t x W `f o'r ►.1e w yor k USA Height: &i Weight: 2a5 Eyes: bra Hair: Br City State Country (not county) 5. Marital Status ❑ Single [],"Married ❑ Divorced ❑ Widowed Residence (Home) Phone: t014(4 'dame of Current or Most Recent Spouse: 1Zea-2r4�0 CGwf,(nl o .-. Date of Birth: JW all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? A Z If Arizona, date of residency: / Z 8 Telephone number to contact you during business hours for any questions regarding this document. ( 4W ) S(0 1 _ 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: �c S Z 2 <I�� h ��^ S remises Phone: (t4 go ) 1(0 11. Licensed Premises Address: ITD q g qS St`� ��V� 0� NOUN a�,:N i�1�S K4,r,<cVAZ Street Address (Do not use PO Box #) City County Zip 12. List vour emnlnvmPnr nr hma 1-4- 'k- . . Ir..,, /CN . FROM Month/Year - TO Month/Year - --- -- - - -. 1----• - DESCRIBE POSITION OR BUSINESS -�y•��— Neu• — uic Lulic, u5t UIUSe Ua[eS. List most recent 1st. E.MPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 1 !J4' O L CURRENT (YEA w u �e U W Q tJ J 2 2 lCo Gy EA54- :S r31vc% IOt+ ro", ry 1 q'� - Q ! q F+me r-/ c,�`Z ��A4 tvc SL.ht ' o< C1 rcIC Q (c19 C�.rs+�Nk FACk��'A S-A- T►�aY►n4 S 1Z D ��X A-L AI-IALM ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION C 13. Indicate vour residence nr1r1recc fnr rhP lnct five !Cl -- L FROM Month/Year l�la TO Mondi/Year CURRENT Rent or Own I dw►i RESIDENCE Street Address If rented, attach additional sheet givinz name, address and Dhone number of landlord I I D3 Ct fL� Cia State Zip ae 0101 10/2001 Disabled m nidualc rPnn•r nu e 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? g , 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 ❑ YES 31NO ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or dniq related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned had sentence ❑ YES 1?rNO 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 ZNO 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 eNO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied revoked suspended or fined in this or any other state? 19. Has in a civil action, the subject of which ❑ YES dNO 20. Are you NOW or have you EVER held ownership, been a controlling person , been ffi ctor, or manager on any other liquor license in this or any other state? ❑YES 2f 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 cbecked 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 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 MN ss? El YES "yes", attach a copy of such a emen 24. I, i'7 ►�I �r `O E',Q Not Public - /k�ia �J"t hereby declare tha I PL cTp6li'D@tJ� quest nnaire (Print full narnk of Applicant) my Comm. Bcpires 14, 2OD4 I have read this questionnaire and the contents and all statements are true, correct and comet State of ��I y_Z1� County of V (C p X The foregoing instrument was acknowledged bef re me this (Signature of Ap t) My commission expires on: cI-/c/-01-/ Day of Month Month Year day of t L 00 Day of Month Month Year ,J21� �01 (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION 25. I, Print Licensee/Agent's Name Last Middle NAQ First Hereby authorize the applicant to act as manager for e named liquor license. State of A M I-01 6%- County of (/ I' v The foregoing instrument was acknowledged before me this X P -3 1)H day of fl i C .Z Oto ( NWOEMC Day of Month Month Year copo County c.pm .�6lpires spp 14.2DC)4 �iyyr My commission expires n. 'v}►+srs Day of Month Month Year (Signature of NOTARY PUBLIC) EsreARI,.�ONA xpi07114/2000 .(;-. Class D Sex M Eyes BRO Height 6-01 a DRIVER LICENSE Hair BR weight 225 ANTHONY P REDENDO Birthdate 9809 N SUNRISE CIRCLE FOUNTAIN HILLS AZ 85268 a , m YOU MUST REPORT A CHANGE OF ADDRESS WITHIN 10 DAYS jon License 814538025 Issue Date 07/14/1000 Class D Operator License Endorsements NONE Restrictions A Corrective Lenses a� 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 40L C (520) 628-6595 -_ IIi I P -. CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-0O NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK `],,A ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATInN I 1� —T b /3J 103 ate Training Loompleted �A NAh o 1, MEEWMAM • TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE YES ❑ NO YES ❑ NO ❑ YES NO BASIC MANAGEMENT BOTH IF JTRAINEE IS EMPLOYED BY A LICENSEE: 3 �ehNO 0 NAME OF THE LICENSEE BUSINFSC NAuG YES ❑ NO ON SALE YES NO OFF SALE ❑ YES NO OTHER - --' LIWuUK LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION ARIZONA ALCOHOL AWARENESS ASSOCIATION Company or Individual Name 4302 NORTH 215T STREET STE. #B Address PHOENIX ARIZONA 85016 602-410-2111 City State Zip Phone I Certi e a ve named individual has successfully Completed the specified program(s). ,4 JERRY CRITES Trainer Name (Print) 3r Trainer Signature Date 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. >erson(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following r(s), licenseelagent or managerts) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. LIC 1021 10r2Wi Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington �— gt 5th Floor �. 400 V4' Congress b150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE IJLLC (s2o)62s-s59s SOCIAL SECURITY AND BIRTH DATE INFORMATION in, CONFIDENTIAL BYLAW AND CANNOT BE DISSEMINATED TO T~}' 1i 01 8DCP 3: Read Carefully , this instrument is a sworn document. Type or print with black ink An extensive investigation of your background will be conducted. False or incomplete answers 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 MUSE 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 S24.00 processing fee for each linagerprint card submitted A service fee of s25.0o will be charged for all dishonored checks (A.R.S. 44.6852) 1. Check appropriate box-100- 2. Name: ❑Owner ❑ Other 1 Last Liquor License # 3c tockholder [Member []Officer ❑ Ab (Complete Questions 1-20 & 24) t must complete # 25 for a Manaper Ca v'o ((-� l"J rn First !W 7S(4 $5 ( If the location is currently licensed) ❑ Manager(Only) plete All Questions except # 14, 14a & 25) Licensee or Agent must complete a 25 Date of Birth: (This Will Not Become a ,W, 3 . Social Security Number: Drivers License #: State: A Z ('Phis W of Lt'Kecords) 4 , Place of Birth: _�Weight: $r\�dHeight: Hair: " City State Country (not county) 5. Marital Status ❑ Single [Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (y ) 9 3 -7 Name of Current or Most Recent Spouse: R e cG-N C 0 A!V-lk o, P Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7.. You are a bona fide resident of what state? A- Z If Arizona, date of residency: -( % 2 8 Telephone number to contact you during business hours for any questions regarding this document. ( y�o ) 5(01 _ 8 9 14 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Premises Phone: (�`u�' )��_ (o 11. Licensed Premises Address: i U 91/ o, 1, l -�,4 Street Address (Do not 12. List vour emnlnvment nr MTww of hneinPce ri—ina 4— nscr f t N i'J'j 111 IC 'AZ MA,, C, PO Box #) City F,I County Zip FROM Month/Year - TO Month/Year —1-1 DESCRIBE POS N am' ORBUSINESS ---r----; -�--eW • awe uwac "U:.%. LSE MOSt recent ISt. 2,tjl ME EMPLOYER'S NAOR NA11NIE OF BUSINESS ' (Give street address, city, state & zip) l �58 CURRENT PhoeNiX CaIIYcSC' $.-s';t": • '.:"' .y. uCt t .:::Y'Z OZ L-- 3 I o\ti vS AcJ �C,'Xi \ X L� ti/r13- .�—PrJ o� i ielsLher rnu1Ph`f Scd,oc } 1 Zry((I c `c X ,AZ t•'1'f[C N,JC ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vnnr recirlPncP aririrPec fnr the ]net five (5) ., arc L FFROM MontiOYM, TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip I CURRENTS C,- n K C, r 4 � -... 101010 r2001 can P in i.� •, c ron,,, o ,., �_ -- - __ log It 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 Li YES 0 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 ❑ , If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing licens 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES 2(NO 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, ffined, posted bond, beers ordered to deposit bail imprisoned had sentence ❑ YES (3' 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 ZNO 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 L('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 iudtnnent against you in a civil action, the subject of which ❑ YES O'NO _ , involved, fraud or mm&enresentatinn nfa husine.c.c nrnfnccinnnl — lim,nr l:,—W) y 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 H'NO If any answer to Questions 15 through 20 is "YES" YOU MUST attac as an _ed statement giving complete details. Please be sure to include dates, agencies involved and dicnnciHnnc 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 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, CAV-Z)I�rj (`oA i�UU - ,hereby declare that I am the APPLICANT filing this questionnaire. (Punt full name of Applicant) I have read this questionnaire and the c wtmn� c and complete. X r z., 13 A r. AlJa11pAA Sta o � Q i zone . County of�gy t` ceW FJ • e foregoing instrument was acknowledged before me this gLature of A ti t}, _ C=* me UP T4.�lbR day of 1 a) Day of Month Month Yew My commission expires on: 114 Q q J:�-) rJ% C/ C 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, Print Licensee/Agent's Name Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of `4 The foregoing instrument was acknowledged before me this X day of (Signanue of LICENSEE/AGENT) Day of Month Month Yew My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) AZ. CORP. COMMISSION i FILED DO NOT PUBLISH THIS SECTION ARTICLE l The company nAWR must wntain acre ending x-hictt tz limited liability company," "limited company," or the abbrm-ninons "LLC' or "LC". If you are the holder or assignee of a tradenamc or trademark attach Declaration of Tradenamc Holder form. ARTICLE 2 May be in care of the statutory agent. ARTICLE 3 The statutory agent must provide both a physical and mailing address. If statutory agent has P.O. Box, then thry must provide a physical description of thei! street address/location. The agent must sign the Articles or provide a consent to acceptance of appointn=L ARTICLES4. Complete this section only if you desire to select a date or occurrence when the company will dissolve. if perpetual duration is desired, lease this section blank. OCT 2 4 2002 ``ARTICLES OF ORGANIZATION Lr +L L C OF �• j0�b5191 • 1-5D3 APR 1 1 P 3= 14 (An Arizona Limited Liability Company) 1. Name. The name of the limited liability comparj is: pENan 6 't—tG nCht.6 2, gggjctered 4 lee. The address of the registered office in Arizona is: located In the County Of ''y "9 It f' "' 3, statil ent,. (in Arizona) The name and address of the statutory agent of the company is: / A-0 s— �N Y 00 ez C Ls6Nz r el a. ✓.A " e r 4,( 4. Dissolution�. The latest datc, if any, on which the limited liability company must dissolve Is S.a. Matlaccmcnt. [ j Management of the limited liability company is vested in a manager or managers. The dames and addresses of each person who is a manager ANQ each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are: U ARTICLE S.a. Check which management structure will be applicable. your coe ny. I 0 r^� d 0 N Management ofthe limited liability company is reserved to the members. The names and addresses of each person who is a member are: -17— LM A 54 member. manager:. 9mcmbcr manager Address: olA IP.Vf 0. de d- Vj> Cl% stdcv Ar ---------------- ;4-V,.jfV V-10 'All member member manoger Addr"c AKMLE5.b. Depoxh-s wpm Y our EXECUTED this Pslow tb� rain", ISatur O pw lPfld Name Hrrc ?HONE' YAX "Accep taiced V Moo &jxrmt real not be cc dCSirta2Cdtoact'as Statutory of *c ..von AgentilcricbY Conscgt ti Wtv cc zona 'Y6&ft'uPdPMDC . - Out - consent to die:Signature o(sta. appoirkt6ent by caewtisg the consent etseq for mane info' Rm. Y2002 ..... . .... 3j. Or -resignation -is submitte&in N =-1-cti��c4r.1 ?, Z-Le 2. /,� , �-- P�N-4-vxp"l ` . t C&W80 ci °v O 9 N . Sc., e G ITAp- CA,-t?k4N m . llzcdeo dci `Jinni Y� 56 C "Z IN x IN LO M tiys c .tih ski 3,.icl-'* 1CM Fcx+w=c:,:v ►�.0 S A r, zoN n £' b2 (r % ,;;�es pn,J-�;eS l7Ay �aY ape rrC�iJtJ 6� Qet,�vvz nl�. M e-yv,be r- Rt a(>err s' b� �a/ pwC eery �Na� u vc1 Y%-oj A C.-% Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/21/03 Contact Person: Tom Ward 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: Council Prioritv (Check Appropriate 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: Consideration of Ordinance 03-18 approving a revision to Town Code Section 3-1-5 designating the Town manager or his designee as code enforcement manager. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: In the past, the Marshals Department was charged with enforcing all ordinances. Ordinance 03-18 clarifies the Town Manger's authority to enforce Town ordinances and makes it clear that his authorized designee will be the Code Enforcement Officers. These officers will have the power to issue citations for code violations. List All Attachments as Follows: Staff memo and Ordinance Type(s) of Presentation: None Signatures of Submitting Staff: D artment Head 6101--7 Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 FR: Tom Ward, SA of Public Works RE: Ordinance 03-18 In the past, the Marshals Department was charged with enforcing all ordinances. Ordinance 03- 18 clarifies the Town Manger's authority to enforce Town ordinances and makes it clear that his authorized designee will be the Code Enforcement Officers. These officers will have the power to issue citations for code violations. Staff recommends approval of Ordinance 03-18. EADept Corr\Tom Ward\Ordinance 03-18 Staff Memo.doc ORDINANCE NO. 03-18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING AND DIRECTING THE TOWN MANAGER OR HIS OR HER AUTHORIZED DESIGNEE(S) TO ENFORCE THE TOWN ORDINANCES; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") recognizes the importance of code enforcement to ensure the safety of Fountain Hills residents and to preserve the beauty of the Town of Fountain Hills (the "Town"); and WHEREAS, the Town ordinances were formerly enforced by the Town Marshal; and WHEREAS, the Town Council now contracts with the Maricopa County Sheriff's Office (the "MCSO") for law enforcement services; and WHEREAS, the MCSO contract does not include code enforcement, and there is currently no officer or body charged with enforcing the Town's ordinances; and WHEREAS, the Town Council has determined that is immediately necessary to appoint an officer or body charged with enforcement of the Town's ordinances to safeguard the Town's residents and beauty; and WHEREAS, the Town Council directed the Town Manager to take all steps necessary to set up ordinance enforcement operations through a civilian workforce; and WHEREAS, the intent of this Ordinance is to ensure that the civilian workforce has the ability to write citations to enforce the Town ordinances; and WHEREAS, Town personnel will change in the future, thus requiring that the Town Manager have flexibility to appoint designee(s) to enforce the Town ordinances; and WHEREAS, the Town Council desires to authorize and direct the Town Manager or his or her authorized designee(s) to enforce the Town's ordinances. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Town Manager or his or her authorized designee(s) is hereby authorized and directed to enforce the Town ordinances. SECTION 2. That the Town Manager or his or her authorized designee(s) may enforce the Town ordinances by issuing citations or summons and complaints to persons accused of violating said ordinances. 9196.001\03-18 Code euforce.ord.doc 8-14-03-1 SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. SECTION 4. That the immediate operation of this Ordinance is necessary so that the Town ordinances may be enforced to preserve the public's health and safety, and an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval by the Town Council as required by law, and it is hereby exempt from referendum provisions of the Constitution, the laws of the State of Arizona and the Fountain Hills Town Code. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 21, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichol, Mayo% REVIEW BY: i Tim /Pi'cke�fingg, Town Man 9196.001\03-18 Town Mushal.ord.doc 8-14-03-1 / APPROVED AS TO FORM: Andrew J. cGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/21/03 Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Report Only:❑ TVDe 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: Cut/Fill Waiver Council Priority (Check Annronriate 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 Agendawording: Consideration of approving a request for a CUT/FILL WAIVER for Firerock Country Club Parcel I, Lot 5, aka 9145 N. Vista Verde Court, Case Number CFW2003-06.. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On July 1, 2003, the Town Council failed CFW#2003-04 with a 4-3 vote. On July 18, 2003, Councilman Melendez requested the Council reconsider this cut and fill waiver. Parliamentary procedure allows for an agenda item to be reconsidered at the same meeting or during the next succeeding legislative day (August 7, 2003). Due to unforeseen circumstances, Staff was unable to bring the agenda item back for reconsideration at the August 7, 2003, Council meeting. Staff has processed this new application, which proposes no changes from the original cut and fill waiver request (CFW#2003-04) considered by Town Council on July 1, 2003. List All Attachments as Follows: Staff Report; Application & Exhibit Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: partment Head g '40 S Town franager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council : Au ust 13, 2003 FR: Dana Burkhardt, Senior Planner nRE:Case # CFW2003-06; Cut waiver request 9145 N. Vista Verde Ct. LOCATION: REQUEST: DESCRIPTION: 9145 N. Vista Verde Ct., aka Firerock Country Club Final Plat Parcel I, Lot 5. Consideration of a cut and fill waiver to permit a 23 foot maximum cut for the development of a single-family residence. OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Dave Miller Kevin Wright "RI-35H PUD" Vacant undisturbed lot 84,763 square feet SURROUNDING LAND USES AND ZONING: NORTH: Vacant Single -Family lot, zoned "RI-35H PUD" SOUTH: Vacant Single -Family lot, zoned "RI-35H PUD" EAST: Open Space Tract `B", zoned "R1-35H PUD" WEST: Vacant residential lot, zoned "RI-35H PUD" SUMMARY: On July 1, 2003, the Town Council failed CFW#2003-04 with a 4-3 vote. On July 18, 2003, Councilman Melendez requested the Council reconsider this cut and fill waiver. Parliamentary procedure allows for an agenda item to be reconsidered at the same meeting or during the next succeeding legislative day (August 7, 2003). Due to unforeseen circumstances, Staff was unable to bring the agenda item back for reconsideration at the August 7, 2003, Council meeting. The applicant of a denied cut and fill waiver request may reapply for the same or a substantially similar request without restriction. Staff has processed this new application, which proposes no changes from the original cut and fill waiver request (CFW#2003-04) considered by Town Council on July 1, 2003. This is a request by Ben Sheier, for a 13 foot cut in excess of the ten foot maximum allowed by the Town of Fountain Hills Zoning Ordinance. The majority of the proposed cut in excess of ten feet r is concealed beneath the footprint of the house, though a small portion is located at the exterior pool area, adjacent to "Covered Deck #1 and #2". The majority of the cut beyond ten feet is located in the basement level where the "Entertainment/Bar Area and the Basketball Court" are located, and would not be visible from the exterior of the building. The proposed house plan has a footprint of 13,323 square feet, of which 7,006 square feet, or 53% is in excess of ten feet. The exterior area of the house plan in excess of ten feet is approximately 800 square feet. EVALUATION: The applicant has submitted a request for construction under building permit #2003-390. Staff may administratively approve cuts or fills beyond the ten -foot maximum for areas under the footprint of the main structure given that the cut or fill does not exceed five percent of the main structure footprint. 5% of the proposed footprint of the home would allow approximately 666.15 square feet in area to exceed the ten foot maximum cut. This application proposes 53%, or 7,006 square feet of under roof area to exceed the maximum ten foot cut allowed. Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. 2) To review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) To consider possible alternatives to the proposed plan that would conform to the ten -foot maximum cut or fill. This property is located on a peak of the ridgeline that is the highest developable property in the Firerock Country Club development. The proposed home has approximately 16,314 square feet of livable area with an overall building footprint of 13,323 square feet. This home could be developed with the same visual impact on the surrounding area with or without this cut waiver. The area of cut in excess of ten feet located under the footprint of the building and is completely concealed by the building facade and the natural exterior grade. If the pool area beyond the ten - foot cut is raised to maintain a maximum of ten feet, this house could be constructed with the same visual impact as a house in conformance with the Zoning Ordinance. Approval of this request would essentially allow the property owner to have a buried, livable basement level in the home. If the exterior pool area were raised to maintain a ten -foot maximum cut, there would be no exterior evidence that this project has a cut greater than ten feet. On August 14, 2003, the Planning and Zoning Commission unanimously recommended the Town Council approve CFW#2003-06 with Staff's stipulation. Staff recommends approval of CFW#2003-06 with the stipulation that the exterior areas of the house plan maintain a maximum ten -foot cut. 08/12/03 TUE 12:49 FAX KEVIN WRIGHT Z 003 Now Tom of, • Fbwum ffR Aebw& pw d �c NATUM apTW WRI CHT 001 4ONKM484 P.lW Am ILM FAA tl vagary rw in ft" Kim PROMNAN-ME IftL ,r. 10 rt. o.,► ft PbL Aft SLOWUM s r� ► '.5 MOM how mum be at f I HE3tYtIf CAM �-'' �� Pk= ' TO FM TM AR'l.:G►yg=. boo ad mom b1ftr eye Mr . DAIM p= yob � I • i Le 3sCd Zf37lIW UAW! ez;ZI EBaz/zT/90 12:48 FAX KEVIN WRIGHT Q3 09:01 TOW" OF FTN HILLS Z 002 P. 05 PBA t /02 he Town of FounMin N111j; LEGAL DESCRIPTION Lod Plat Name 81adc PROPERTI(ADD qf US it) 5� � �f'� Lot PARCU SIZE (ACr�s` j . �1 y5 ASSESSOR PARCEL !NUMBER ` Z 1 NUMBER OF UNrM PROPOSED TRAM EXISTING ZONING: PROPOSED ZONING i Ar pion POOcdofII E \Farril6ertegr nFC'ir8�af . F�{yp �s'M9.dOC TOTAL, P.05 If ALLEN GON5ULTING ENGINEERS, INC. CIVIL ENGINEERING • LAND SURVEYING 2550 N. Thunderbird Circle, Ste. 132 Mesa, Arizona 85215 OFFICE:480-844-1666 FAX:480-830-8453 Email: aceCDallenconsultengr.com May 8, 2003 Town of Fountain Hills Community Development Department 16836 East Palisades Blvd, Bldg. C Fountain Hills, AZ 85268 Re: Miller Residence Fire Rock Lot 5 9145 North Vista Court The Miller Residence is located on Lot 5 of Fire Rock at 9145 North Vista Court. This lot has 50 feet difference in elevation across the lot. The owner is requesting a Cut/Fill Waiver to allow cuts greater than 10 feet. All cuts (10' or greater) are inside the house and will not be visible from other residences or the street. The owner has cut this house into the mountain in order to minimize exposed fill slopes. This will allow the house to be blended into the mountain and will have a lesser visible impact on the top of the ridgeline of this mountain. This house has been designed with multiple floor levels in order to minimize a disturbance, as per cross-section B-B, we have twenty-two (22) feet difference in elevation between floors on bottom level. The following chart shows the amounts of cut and fill area of this house and the enclosed map shows the actual areas on the house. AREA # DESCRIPTION AREA (S.F.) % HOUSE AREA 1 Cut 0'-2' 261 1.8% 2 Cut 0'-8' 1547 10.6% 3 Cut 0'-10' 850 5.8% 4 Cut 10'-16' 1392 9.6% 5 Cut 0'-10' 1939 13.4% 6 Cut 12'-20' 2507 17.3% 7 Cut 10'-23' 1715 11.8% 8 Cut 10'-16' 1392 9.6% 9 Cut 4'-10' 259 1.7% SUBTOTAL CUT 11,854 S.F. 81.7% 10 Fill 0'-6' 390 2.7% 11 Fill 0'-10' 12 Fill 0'-6' SUBTOTAL FILL TOTAL 2179 15.0% 77 0.6% 2,646 S.F. 18.3% 14,500 S.F. 100.00% This house is in 81.7% cut area and 18.3% fill area. Please contact me with any questions regarding this matter. Respectfully, Gregory L. 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V�vov / A-50S.� \ 7 �� U rr 10=23' \ Sep _ �UT0-10'; - 259 S.F.' - - - - -' — S,p \-------- /�� SOS S00 ----- - - - - -- _ /- -' _ - - -- _- - - - - - - - - - - -- --- - - - --- --` ��--_------------ - - - - -- - /�O,;i�;,�/%�/ii� _ 525 � ------------------- --------------------- ------------------ - _ _ R------`-------------- - - - - - - _ 530 - �- / _ - - ------------ -------------- 53 520 505 AWA IR Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 8/21/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvue of Document Needing Approval (Check all thata ❑ 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): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of approving the FINAL PLAT for the "Trevino Business Center" which is a 9-building office complex located at the NW corner of Trevino Drive and Saguaro Boulevard, aka, 9700 Saguaro Boulevard, Case Number S2002-55. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This final plat request is for a nine building, 28-unit professional office condominium project located on an unplatted parcel of land. On July 1, 2003, the Town Council approved the preliminary plat with stipulations. Staff, the developer, and the abutting commercial property owners have reached a mutually agreeable solution to the traffic improvements on Trevino Drive. See the attached report for further details. List All Attachments as Follows: Staff Report; Final Plat App. & Map Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: partm nt Head a "15- -O 3 Town anger / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS 'r- PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: August 15, 2003 FR: Dana Burkhardt, Senior Planner RE: Final plat for the "Trevino Business Center"; Case #S2002-55 LOCATION: The unplatted parcel of land located west of Saguaro Blvd., north of Trevino Dr., and east of Burkemo Dr. REQUEST: Consideration of a recommendation to Town Council on the final plat for "Trevino Business Center", a nine building, 34,408 square foot professional office complex. OWNER: GMCAR, LLC APPLICANT: Carl Bommarito EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning District PARCEL SIZE: 5.5 ac (239,433.39 sf) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residences; zoned "R1-35" ,,. SOUTH: Retail development; zoned "C-l" EAST: Multi -family development and vacant commercial lot; zoned "R-5 & C-1" WEST: Vacant single-family lot; zoned "R1-35" SUMMARY: This final plat request is for a nine building, 28-unit professional office condominium project located on an unplatted parcel of land. On June 19, 2003, the Town Council approved an Alternative Hillside Development Agreement with the developer of this project, and approved the preliminary plat on July 1, 2003. This project proposes two points of vehicle ingress/egress located on the north side of Trevino Drive. The eastern access point is the primary entrance to the site, and is designed with two one- way access aisles separated by a six foot wide raised median. The primary entrance is aligned for safety with the existing curb cut located on the south side of Trevino Drive. The interior drive aisles and parking areas meet the minimum dimensions and locations required by the Zoning Ordinance. The developer proposes to cover a majority of the parking spaces with metal parking canopies. This project requires a minimum of 138 on -site parking spaces and has provided 176 spaces, eight (8) of which are handicap accessible. The proposed development also provides three common trash enclosures and four common mailbox locations evenly distributed throughout the site. The development agreement includes provisions for the developer to provide a six-foot sidewalk along the Saguaro boulevard frontage, from Trevino Drive to Monterey Drive, in lieu of providing a sidewalk along Burkemo Drive. The purpose is to provide one complete section of sidewalk, rather than having a sidewalk dead-end at the property line along the Burkemo Drive frontage and the Saguaro Blvd. frontage. Staff believes the Saguaro Blvd. sidewalk is a priority over the Burkemo Drive due to the high volume of Traffic along Saguaro Blvd. The proposed development also provides a meandering sidewalk along Trevino Drive, with connections to the interior sidewalk system of the project. The development consists of nine (9), one-story office buildings, none of which exceed 18.5 feet in height as measured from finished grade. The site design provides a retaining and/or screen wall along the northern disturbance boundary, which allows the buildings to be placed lower than existing grade and also provides some site screening from the adjacent residences located up the hill. EVALUATION: Site Screen Wall: This development meets the provisions set forth in the Alternative Hillside Development Agreement and the Zoning and Subdivision Ordinances, with exception to the required eight -foot screen wall along and adjacent to the abutting residential properties. The applicant has been working diligently with the adjacent property owners to satisfy this criterion. The residential properties to the north generally have expansive views that would be blocked by an eight -foot screen wall along the property boundary. Staff believes that the existing natural buffer, the difference in grade between the properties, and the proposed retaining/screen walls will provide adequate buffering/screening from the adjacent residences. Staff has received correspondence from three of the seven adjacent property owners requesting a waiver from this requirement. Staff has mailed certified letters to all seven of the abutting residential property owners requesting input on the site screening requirement and notifying them that the Town has agreed to forego this requirement until the affected parties respond in writing or as of the completion of the one year site improvement warranty period, whichever comes first. The developer has agreed to provide any necessary screen measures the abutting residences may reasonably request. Trevino Drive Improvements: The Town Council approved the preliminary plat with a stipulation that the developer, the town staff, and the abutting commercial property owners reach a mutual agreement on the traffic improvements and the proposed widening of Trevino Drive. The widening of Trevino Drive, as presented to the Council with the preliminary plat, has been agreed to by the abutting commercial property owners given that the developer provide all necessary improvements to widen Trevino Drive, including; (1) provide a striped and signed clear zone to permit unobstructed left turn access into the eastern entrance of the commercial development located on the south side of Trevino Drive; and (2) permit the relocation of the existing "Senor Taco" sign onto the owners property. At this time, staff has a verbal commitment on McDonald's behalf to begin construction drawings for the left turn pocket lane from eastbound Shea Blvd. This should significantly reduce the traffic flows on Trevino Drive by bringing traffic into the retail development directly off of Shea Blvd. At this time, Staff has an agreement on the Traffic improvements with all affected parties as stipulated by Council. RECOMMENDATION: Staff recommends approval the final plat for the "Trevino Business Center"; Case Number 52002-55, with the following stipulations: 1) Prior to releasing the one-year off -site improvement warranty bond, the developer shall provide adequate site screening from the abutting residences in a manner satisfactory to the Zoning Administrator. 2) All improvement plans, such as landscaping, irrigation, grading, paving, utility and drainage plans along with a construction assurance bond and Final Drainage Report must be approved by the Town prior to final plat recordation. 3) The developer shall provide all necessary improvements to widen Trevino Drive, including; (1) provide a striped and signed clear zone to permit unobstructed left turn access into the eastern entrance of the commercial development located on the south side of Trevino Drive; and (2) the town shall permit the relocation of the existing "Senor Taco" sign onto the owners property. 4) Provide a 25-foot No Build Easement and a one -foot non -vehicular access easement along the Burkemo Drive property line. 5) Prior to final Plat approval, the Final Geotechnical Report and Final Traffic Study must be approved by the Town Engineer. 6) Prior to issuance of the first occupancy permit on this site, provide or participate in a turn lane improvement on Shea Blvd. or Saguaro Blvd. to relieve the Trevino/Saguaro noon congestion in a manner consistent with the options presented in the letter from Randy Harrell, dated July 24, 2003. J13TAIN B, b e� TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT !RELIMINARY PST APPLICATION};` Date Filed 1 Z- Fee Paid / ; �30 rJD Acce tef By Plat Name/Number ]�. M , ENO1<.41<4 Parcel Size 15,17L(_ROSS � 5 Number of Lots 1 Number of Tracts _ OQE Zoning I General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) /x t/ J Applicant CAAL:m Address P L vD, �c� o� �nrner CG (2-- — ( -02 MC 41z. 1- .L r C. Addr ss E! MA4I (= R City D F, H . 05 v- ��TT� � LE �, Su l-T�' City / 41�52071FS-ALe Attachments (Please list) ALLL Signa� re�of Ow r j 16'IERBY/AUTHOR IZE�(Please Print) �( Day Phone 8J37-`� 30 0 ST Zip g52� Day Phone ST Zip 852,'� Date TO FILE THIS APPLICATION. Subscribed and sworn before me this _ �� day of F .F<yQ� z My Commi Notary Public HARRIET KOSMITIS Notary Public . 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Dev Consent:❑ Regular:❑ Meeting Date: 8/21/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing ADUroval (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 Anvromiate 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 FINAL PLAT for Parcel 6 at Eagles Nest, a 40 lot single family subdivision of 66.92 acres located in the northwest corner of the Eagles Nest Final Plat, Case#S2002-45. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 6 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: De rtment Head Town MiCnagerDesignee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS lk*l.. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 FR: Dana Burkhardt, Senior Planner RE: S2002-45; Final Plat "Eagles Nest Parcel 6", a 40 lot, two -tract subdivision. LOCATION: The northwest corner of the Eagles Nest Master Plat, abutting the southern boundary of McDowell Mountain Regional Park. REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 6, a 40 lot, two -tract single- family residential subdivision. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land/former Saddle Club property PARCEL SIZE: 66.92 acres SURROUNDING LAND USES AND ZONING: NORTH: McDowell Mountain Regional Park; zoned "Open Space Recreation" SOUTH: Eagles Nest Parcel 5; zoned "R1-43" EAST: Eagles Nest Parcel 7 & 9; zoned "R1-43" WEST: Town of Fountain Hills Mountain Preserve; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Eagles Nest Parcel 6", a 40 lot, two -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 6, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Golden Eagle Blvd. The final plat provides 40 residential lots accessed from Mountain Parkway, Joshua Tree Drive, Desert Springs Drive, and Blooming Hills Drive. The maximum lot area proposed is 186,006 square feet, the minimum lot area is 43,562 square feet, and the average proposed disturbance area for each lot is approximately 24,217 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 6 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat, as compared with the approved preliminary plat, proposes one additional lot, noted as Lot 60 on the final plat map. By reconfiguring lots 60 and 61 of the preliminary plat, the developer is able to create the revised Lot 60, 61, and 62 as shown. The developer is aware of the development agreement restriction for a maximum of 415 lots, and agrees to not exceed this amount. Staff understands that the developer may request the removal of a lot from Parcel 10 of Eagles Nest, and develop a common amenity/entry area and public access tract in place of the lot. The developer is also aware that the approval of Eagles Nest Parcel 6, with the additional lot, in no way constitutes approval of a common amenity area tract for the "Mountain Plats". Other than the addition of one lot, this final plat conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. This parcel does not propose any joint use driveways to access the individual lots. RECOMMENDATION: Staff recommends approval of S2002-45; Final Plat of "Eagles Nest Parcel 6", with the following stipulations: 1) Prior to final plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the CCWC approved water service plans and the reservoir plans located on town owned property, for review and approval. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) Prior to final plat recordation, submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Prior to final plat recordation, provide a re -vegetation plan, which identifies all previously disturbed areas on this parcel and all proposed subdivision improvement disturbance, including proposed utility and drainage structure disturbance. 7) Prior to final plat recordation, provide the conceptual driveway locations and proposed building envelopes with the subdivision improvement plans for the purpose of locating utility stub outs to each lot to minimize the required disturbance for individual lot development; or provide a letter to the Town agreeing to permit the relocation of utilities, including sewer and water laterals, to accommodate individual lot development after the roadways are paved. 8) The Parcel 6 final plat shall include a public utility easement, drainage easement, slope, and landscape easement abutting the Red Sky Road tract. This may also be accomplished by recordation of a separate document. The Town of Fountain Hills PBA 1102 d b Tat is ATE COMMUNITY DEVELOPMENT DEPARTMENT I ForCaseOfficial ManagUse er: Only Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: APPLICATION > . ,� �1►9? FadbG�' 9�-AkifL 6' PROJECT NAME Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment Mrs. A p p I i ca n t ;ZeA N co Sopa-Y Day Phone Mr. Ms. Address: City: State: Zip: Mrs. Owner: _ Mr. Ms. Address: City: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWI:;E�' C ' DATE a`i3�°2 I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of FILING DATE: Notary Public My Commission Expires FEE PAID: (See Fee Schedule) TO FILE THIS APPLICATION. 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AX . b , �b`.'�I��\\06 `, F � Jn � I I I 3wa 1 I I 1p,I - aRI III I CCC"��a I I 8 I I III \ \ 8 I \ \ .,_------- \ I I N2 "ZO-ZZ6 (0011) 00LO-ZZ6 War) 09Z5; 0 zv `31vuslloos vl-7 3iins 3AI7i0 33HINIVU'3 OVEO ea �yaz '� 3nans HY' `� rei ivwl+il 1Vld 1VN1J 9 130UVd „m y 1 1S3N S31JV3 ow�o�o� I Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev. Consent:❑ Regular:❑ Meeting Date:. 8/21/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne. of Document Needing Approval (Check all that aiml ❑ 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): ❑ 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 FINAL PLAT for Parcel 7 at Eagles Nest, a 13 lot single family subdivision of 17.33 acres located in the north area of the Eagles Nest Final Plat, Case#S2002-18. Staff Recommendation: Approve Fiscal Impact: No I Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 7 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: partment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: August 14, 2003 FR: Dana Burkhardt, Senior Planner RE: S2002-18; Final Plat "Eagles Nest Parcel 7", a 13 lot, two -tract subdivision. LOCATION: The northern portion of the Eagles Nest Master Plat, abutting the southern boundary of McDowell Mountain Regional Park. REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 7, a 13 lot, two -tract single- family residential subdivision. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land/former Saddle Club property PARCEL SIZE: 13.69 acres SURROUNDING LAND USES AND ZONING: NORTH: McDowell Mountain Regional Park; zoned "Open Space Recreation" SOUTH: Eagles Nest Parcel 8; zoned "R1-43" EAST: Eagles Nest Parcel 8 & 9; zoned "R1-43" WEST: Eagles Nest Parcel 6; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Eagles Nest Parcel 7", a 13 lot, two tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 7, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Golden Eagle Blvd. The final plat provides 13 residential lots accessed from Red Sky Road, which is a 1,580 lineal foot hillside local road cul-de-sac. Red Sky Road also provides fully improved public pedestrian, bicycle, and maintenance vehicle access to the existing McDowell Mountain Regional Park trailway via Tract A-1, located between Lots 28 and 29. The maximum lot area proposed is 88,034 square feet, the minimum lot area is 43,561 square feet, and the average proposed disturbance area for each lot is approximately 20, 369 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 7 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the horizontal alignment of Red Sky Road. The preliminary plat provided a lineal cul-de-sac roadway, which has been slightly modified to incorporate a meander to follow the natural topography. This parcel does not propose any joint use driveways to access the individual lots. RECOMMENDATION: Staff recommends approval of S2002-18; Final Plat of "Eagles Nest Parcel 7", with the following stipulations: 1) Prior to final plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the approved water service plans for review. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) Prior to final plat recordation, submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Revise Lot 27 to provide 145' minimum lot width, which is currently shown at approximately 140.5 lineal feet. 6) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 7) Prior to final plat recordation, provide a re -vegetation plan, which identifies all previously disturbed areas on this parcel. Staff understands that the existing disturbed saddle club area may be utilized as a plant salvage yard and rock salvage plant. Submit a plan to the Town explaining the activity as discussed, for review. The Town will not permit any additional disturbance for this activity, unless the activity is otherwise exempt in accordance with the Settlement Agreement. 8) Prior to final plat recordation, provide complete landscape plans for all disturbed areas located on Tract Al. Also, show on the landscape plans all proposed subdivision improvement disturbance, including proposed utility disturbance, and provide a re - vegetation plan for those areas. 9) Provide a six-foot sidewalk (meander where topography permits) within a ten -foot wide sidewalk easement from Mountain Parkway/Golden Eagle Blvd. to Tract Al of Parcel 7. 10) Prior to final plat recordation, provide the conceptual driveway locations and proposed building envelopes with the subdivision improvement plans for the purpose of locating utility stub outs to each lot to minimize the required disturbance for individual lot development; or provide a letter to the Town agreeing to permit the relocation of utilities, including sewer and water laterals, to accommodate individual lot development after the roadways are paved. 11) Prior to demolition of any existing buildings, secure a demolition permit from the Building Safety Department. 12) The Parcel 6 final plat shall include a public utility easement, drainage easement, slope, and landscape easement abutting the Red Sky Road tract. This may also be accomplished by recordation of a separate document. 0" VOW TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT E_/v ,a L Date Filed Fee Paid ' = C, �— Plat Name/Number P�� S� •h �,vr Acceptedd By c.c.7 /�G rc s.n iiu� 11 % cl- --i��¢yz Parcel Size 5 Number of Tracts General Plan Land Use Designation 2.y /C��? Density Requested (Dwelling Units Per Acre) Applicant Address 02 Z =�5 Owner Address Attachments (Please list) 5_,5, = C Number of Lots Zoning Day Phone =_,164jeZ—�A, ST Zip 1S4ZZS Lz gS Day Phone City ST 7i,, Signature of Owner I HERBY AUTHORIZE (Please Print) =Date TO FILE THIS APPLICATION. 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