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2003.0918.TCRM.Packet
�'TAIN a o. b that is NOTICE OF 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, SEPTEMBER 18, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a sneaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER AND ROLL CALL — Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Pastor Holmes with Fountain Hills Presbyterian Church E:\Clerk\AGENDAS\REGULAR\2003\web agenda\Regular Session 9-18-03.doc Page 1 of 3 Last printed 9/15/2003 3:21 PM • MAYOR'S REPORT — Presentation by Fountain Hills High School Government teacher Stan Ziefert regarding the convention being held in Fountain Hills for 1,300 students the first part of February 2004. Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Council member or member of the public so requests. If a Council member or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. *1.) CONSIDERATION of approving the MEETING MINUTES of 9/3/03 and 9/4/03. *2.) CONSIDERATION of RESOLUTION 2003-53 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly and southerly property lines of Lot 37, Block 2, Plat 428 (15202 N. Shagbark Court) as recorded in Book 155 of Maps, Page 19, Records of Maricopa County, Arizona, EA03-12-Colwell/Adams. *3.) CONSIDERATION of a PRELIMINARY/FINAL PLAT for Lin Lane Condominiums, a two - unit project located at 16407 E. Desert Sage aka Lot 5, Block 2, Plat 206. Case Number S2003- II. *4.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce for the Annual Great Fair scheduled for February 27, 28 and 29, 2004 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The event will require the closure of Saguaro from El Lago to Parkview, Parkview from Saguaro to La Montana, La Montana from Parkview to El Lago and Avenue of the Fountains from Saguaro to La Montana. The streets will be closed at 5:00 a.m. on Thursday, February 26 and re -opened at 6:00 a.m. on Monday, March 1, 2004. (With stipulations). *5.) CONSIDERATION of approving the first amendment to the LEASE/MANAGEMENT AGREEMENT between the Town of Fountain Hills and the Fountain Hills Community Theater. *6.) CONSIDERATION of approving a "CLOSING AGREEMENT" with CoxCom pertaining to a pending lawsuit filed by CoxCom against the State of Arizona and the Town of Fountain Hills in reference to disputed transaction privilege tax assessments for the period of July 1, 1994 through September 20, 1998. REGULAR AGENDA 7.) CONSIDERATION of a CUT AND FILL WAIVER to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka, Final Plat Shadow Canyon at Sunridge Canyon Lot I IA. Case Number CRW2003-05. 8.) PUBLIC HEARING for a SPECIAL USE PERMIT to allow the dispensing and on site consumption of alcoholic beverages located at 14825 Shea Blvd., #107 (Charmian). Case Number SU2003-08. E:\Clerk\AGENDAS\REGULAR\2003\web agenda\Regular Session 9-18-03.doc Page 2 of 3 Last printed 9/15/2003 3:21 PM 9.) CONSIDERATION of a SPECIAL USE PERMIT to allow the dispensing and on site consumption of alcoholic beverages located at 14825 Shea Blvd., #107 (Charmian). Case Number SU2003-08. 10.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Charmian located at 14825 E. Shea Blvd., #107. The application is for a Class 12 license. 11.) CONSIDERATION of the FINAL PLAT for Eagles Nest Parcel 10, a 32-lot single family subdivision of 54.43 acres of land located in the central area of the Eagles Nest Final Plat, Case #S2002-38. 12.) CONSIDERATION of the FINAL PLAT for the "The Summit at Crestview", a 68 unit multi- family condominium subdivision of 56.65 acres of land located at the Northwest corner of Shea and Palisades Boulevards, Case #S2001-08. 13.) PRESENTATION AND DISCUSSION of a FIVE-YEAR FINANCIAL PLAN. 14.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 15.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. 16.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 17.) ADJOURNMENT. Z� DATED this 15"' day of September, 2003 9,7 czlvl�� Bevelyr�l 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 9-18-03.doc Page 3 of 3 Last printed 9/15/2003 3:21 PM A.A.S.C. Leader Ship "All Aboard" Convention Schedule (subject to change) Thursday February 12th, 2004 Location: Fountain Dills High School 5:OOpm — 6:45- ✓ Registration/ Buses arrive ✓ Icebreakers/ Trading items ✓ Bouncy games & entertainment ✓ Advisor hospitality open ✓ Light treats for students ✓ Hall of Vendors is open 7:OOpm — 7:30- Convention Opening ✓ Welcoming for host school ✓ National Anthem ✓ Introduction to Board Members ✓ Conference overview 7:30pm — 8:30- General Session #1 ✓ Motivational Speaker # 1 Donna Hartley 8:30pm — 10:30- Opening Night Entertainment ✓ Talent Show (information forthcoming) Friday February 13th, 2004 Location: Fort McDowell Adventures 7:30am — 9:00am- ✓ Late Registration @ Ft. McDowell Registration ✓ Socialization/ D playing 9:OOam — 12:OOpm- General Session #2 ✓ Welcome ✓ A.A.S.C. Business ✓ Election Speeches ✓ A.A.S.C. Bid Candidates ✓ Motivational Speaker #2 Phil Doucette 12:00pm — 12:30pm- Break ✓ Delegates go to Fountain Park ✓ Advisors go to the Community Center 12:30pm — 2:00pm- Lunch ✓ Eat at the park ✓ DJ 2:00pm - 2:30pm Go to school ✓ Get into workshop groups 2:30pm — 3 :15pm Workshop Session # 1 3:30pm — 4:15pm Workshop Session #2 4:15pm — 6:30pm- Head back to hotels/ prepare for dinner Location: School 6:30pm — 8:00pm- Dinner ✓ Banquet ✓ Voting for candidates 8:00pm — 8:45pm- Entertainment ✓ TBA 8:45pm — 9:00pm- Travel to Community Center 9:00pm — 12:00am- Dance ✓ Dance for delegates ✓ Separate advisor entertainment ✓ Group Pictures Saturday February 14"', 2004 Location: Fountain Hills High School 7:30am — 8:45am Continental Breakfast ✓ DJ's Bagels 9:00am — 10:00am General Session #3 ✓ Motivational Speaker #3 Leon Quart 10:00am — ??????? Closing Ceremony ✓ A.A.S.C. Preview/ Candidates/ Election Results ✓ General Business ✓ Special Guests ✓ Awards/ Council Recognition ✓ Closure Dress Up Days Thursday, February 121h, 2004 Theme: Pirates of the Caribbean Dress up like Pirates and Sailors Ideas ✓ Eye patches ✓ Peg legs ✓ Beards ✓ Parrots (not live) Friday Morning, February 131h, 2004 Theme: Mardi Gras Time for a big party deck out in crazy costumes as the ship heads to New Orleans Ideas ✓ Beads ✓ Masks Friday Night, February 131h, 2004 Theme: Masquerade Ball (dance) Time for the ship's grand ball Ideas ✓ Formal Dresses ✓ Tuxedos ✓ Anything formal Saturday Morning, February 14th, 2004 Theme: Spirit Port The ship has landed back at home port, its time to school your school spirit. Show how much spirit your school has. Awards ✓ Delegation with best overall costume — Thursday night ✓ Delegation with best overall costume- Friday morning ✓ Delegation with most school spirit ✓ Delegation that traveled the farthest ✓ Most spirited and active advisor ✓ Delegation that gives the most box tops ✓ Delegation with the best trading item Hotels Here is the list of hotels that was sent in our first mailing. These hotels have blocked rooms for us under the heading of. "Fountain Hills HS 2004 AASC State Convention." Many offer complimentary continental breakfasts and all offer reduced room rates. Comfort Inn 480.837.5343 17105 E. Shea Blvd Fountain Hills, AZ 85268 48 rooms @ $129 per night call ASAP La Quinta 480.837 4284 ask for Roxanne 8888 Shea Blvd. Scottsdale, AZ 85260 50 rooms @ $99 per night Hampton Inn 480.837.4284 ask for Roxanne 10101 N. Scottsdale Rd Scottsdale, AZ 85253 50 Rooms @ $109 per night/ held until January 12th Courtyard Marriot 480.860.4000 ask for Robin 13444 Shea Blvd Scottsdale, AZ 85259 60 rooms @ $129 per night/ held until December 12th Marriot- Scottsdale Townplace Suites 480.551.1100 ask for Julie 10740 90th Street Scottsdale, AZ 85260 42 rooms @ $89 per night /held until December 12th Comfort Inn 480.4284 ask for Roxanne 7350 E. Gold Dust Ave. Scottsdale, AZ 85265 50 rooms @$104 per night/ held until January 12th Hotels (con't) This is a list of additional hotels in our vicinity that we have not spoken to about our convention. If you choose to stay at one of these hotels, it is up to you to make your own arrangements and pricing deals. Thanks you! AmeriSuites 7300 3` Ave. Scottsdale, AZ 85251 480-423-9944 Chaparral Suites Hotel 5001 Scottsdale Rd. Scottsdale, AZ 85250 480-949-1414 Best Western Papago Inn 7017 McDowell Rd. Scottsdale, AZ 85257 480-947-7335 Holiday Inn Hotel and Suites 7515 Butherus Dr. Scottsdale, AZ 85260 480-951-4000 Holiday Inn 3131 Scottsdale Rd. 480-675-7665 Holiday Inn Sunspree 7001 Indian Bend Rd. 480-991-2400 Resort Suites 7677 Princess Blvd. 480-585-1234 Fairfield Inn 13440 Scottsdale Rd. 480-483-0042 Keynote Speakers 2004 Donna Hartley Survivor of a DC-10 plane crash... She proved one woman could walk through fire and deliver a message powerful enough to impact millions of lives! A former Miss. Hawaii with over 100 appearances on television, and cancer survivor, her style is dynamic, impelling and passionate. She hosted her successful television show "Get What You Want" and is the author of "Fire Up Your Life", an inspirational true story. A member of the National Speakers Association, the founder and owner of Hartley International was featured on NBC, ABC, PBS, he Learning Channel, in New Woman Magazine, The New York Times, and is a popular author in the best selling Chocolate series. A master of weaving a story and a catalyst, she inspires positive transformation. Donna Hartley approaches your changing world with vision, straight talk, and strategies Phil Doucette At the age of twenty-eight Phil Doucette, (Philly D), is among North America's youngest and most inspiring speakers. He builds each power program using three common elements such as education, entertainment, and inspiration. Beyond this his programs are linked with the common idea that to make something happen in your life, for your life, you have to be apart of the journey. Philly D uses humor, audience participation, and powerful personal experiences that look at creation decisive personal change. As one client put it, "He has the ability to affect those not easily affected. He shares a part of his heart and soul; this allows him to make a connection with anyone and everyone." Leon Quan Since 1989, Leon Quan has brought a life -changing message to thousands of teenagers nation-wide. He saw a way to use an unfortunate situation his family endured to convey a message of hope, anti -virus, and good decision -making. Not only is Leon Quan overwhelmingly popular in the public school system, he is nationally recognized by the Gang Resistance Education and Training (GREAT) Program and is heavily sought out by such organizations as HOBY, the Boys and Girls Clubs of America, and the March of Dimes. Leon's goal: to unlock and unleash the potential that lies within all young people. He is a member of the HOBY Arizona Board. Arizona Association of Student Councils State Convention 2004 — Hosted by Fountain Hills High School REGISTRATION FORM General Information When: Thursday, February 12', 2004 through Saturday, February 14`h, 2004 Where: Fountain Hills High School, 16100 Palisades Blvd. Fountain Hills, AZ 85268 Cost: $65 per person if paid before 12/12/03 . If paid after 12/12/03 cost is $75 per person Who: Attendance is open to all schools that are A.A.S.C. member schools who have paid 2003-2004 dues. Each school attending can bring up to 10 student delegates. No additional students will be allowed, except for those officially running for the A.A.S.C. executive board. School bidding to host the 2004-2005 convention may bring two (2) extra students. In addition if your school is teaching a workshop your are allowed one (1) extra student. Section 1: School Information School Name: School District: School Mailing Address: School Phone Number: Fax Number: School Type: (Ex. Public, Private, Charter, K-12, 9-12, ect. Section B: Student Council Information Student Council Advisor Name: # of years as advisor as of 03-04: Student Council Advisor E-mail: Student Council Phone # (if different from above): Student Council President Name: Section C: Convention Registration and Pavment Information Registration Fee is $65 per person if paid before 12/12/03, after 12/12/03 cost is $75 per person Please make payments in the form of a check only Number of delegates attending X 65.00= Number of advisors attending X 65. 00= Total amount enclosed= *Send payment and registration to: A.A.S.C. C/O Dan Dodge 1516 E. Palmcroft Tempe, AZ 85282 Do not send information to host school School Information To make the registration easier for everyone, we ask that you please fill out this information and send it back to Fountain Hills High School for our records. Please feel free to email your information, if it is easier to do so! Thank you! (Sziefert(@fhusd.or) School Name: School Colors: School Mascot: School Mailing Address: Fax Number: Number of Student/ Advisors Attending: Advisor E-mail Please send the above information to: Fountain Hills High School C/O FHHS STUGO 16100 Palisades Blvd. Fountain Hills, AZ 85268 *If you have any questions, contact FHHS STUGO at (480) 664-5522 Workshops This year we will be reintroducing workshops. They will all be held Friday after lunch in two sessions; the first from 2:30pm — 3:15pm and the second from 3:30pm — 4:15pm. After lunch we will break into groups according to your colored lanyards. The workshops will be a way to exchange ideas on Student Council actives such as spirit ideas, pep assemblies, dances, and many others. More information will be proved for you as we approach the convention as to where (what class rooms) the workshops will. be held. *If you have any questions or are interested in putting on a workshop please contact Fountain Hills High School at 480.664.5500 and ask for Stan Ziefert. A.A.S.C. Convention Clarity Education and knowledge are keys to unlocking an individual's potential. Some people are less fortunate than others; therefore, we must help them out. John Pappas School, an Arizona school for the homeless, is in need. We have decided to come to its aid. The Thomas J. Pappas School was founded in 1989. In its early existence, only eight children attended. The school was held at a homeless shelter. Soon it became obvious that there were going to be more children, and that the campus needed to move to another location. It is now known as Pappas Junior High and Senior High School. An easy way to provide an immense amount of help is to participate in Box Tops for Education, sponsored by General Mills. Box Tops for Education has donated over $90 million to our nation's schools since 1996. The Pappas School deserves our help in seeking some of that financial support. Involve your student governments by organizing a box -top clipping project. It will be a simple way of raising funds for a worthy cause. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 9/18/03 Contact Person: Tom Ward Requesting Action:® Tvoe 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 RESOLUTION 2003-53 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 37, Block 2, Plat 428 (15202 N. Shagbark Court) as recorded in Book 155 of Maps, Page 19, Records of Maricopa County, Arizona. EA03-12 - Colwell/Adams. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on August 6, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Siiinatures of Submitting Staff: //;/. �' e � �(/' 0 ��/ / De artme Hea 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 8, 2003 FR: Art Candelaria, Civil Enginee N11 RE: Easement Abandonment 03-12 Randy Harrel, Town Engineer 15202 N. Shagbark Court Reviewed: Tom W ,k Dector of Public Works Plat 428-2-37 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the westerly and southerly property lines of Lot 37, Block 2, Plat 428, (15202 N. Shagbark Court) as shown in Exhibit "A". The property owners of Lot 37 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 37 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-53. Eric: Resolution Exhibit C: James & Concetta Schneider Albert Gibas & Barbara Underwood Ewald Koehne Trust \\earth\BBrannon\Abandonraent Letters and Resolutions\EA03-12 - 428-2-37.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 428 BLOCK 2 LOT 37 I I I ! LOT 31 1 i 1 1 1 1 I i 1 i I 1 1 1 I 1 LOT 30 ! W ! co 0� !o LOT 28 / f E LOT 27 SCALE: 1 "=40' ---O�TE: 08-08-03 RAD. q 4'4 111.42 BLOCK 2 LOT 37 ABANDON 10' P.U.E & D.E. LOT 36 LOT J8 N 16545 RANDY L ' °+� HARREL RESOLUTION 2003-53 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY AND SOUTHERLY LOT LINES OF LOT 37, BLOCK 2, OF PLAT 428, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly and southerly property lines of Plat 428, Block 2, Lot 37, Fountain Hills, as recorded in book 155 of maps, page 19 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 37 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-53, 428-2-37 EA03-12.doc IR PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 18, 2003. i FOR THE TOWN F OUNTAIN HILLS: ATTESTED TO: J. Nich s, Ma Bevelyn J. B de , Town Clerk i REVIEW BY: APPROVED AS TO FORM: f t f a Tim G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Resolution 2003-53, 428-2-37 EA03-12.doc 2 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:® Regular:❑ Meeting Date: 09/18/03 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 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 preliminary plat/final plat for Lin Lane Condominiums, a two -unit project located at 16407 E. Desert Sage aka Lot 5, Block 2, Plat 206. Case Number S2003-11. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for approval of the Preliminary/Final Plat "Lin Lane 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. List All Attachments as Follows: Application, Floor Plan, Final Plat. Type(s) of Presentation: Signatures of Submitting Staff: 6wl D partment Head Y /4 '0 3 Town Manager /Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor and Town Council DT: September 18, 2003 FR: Denise Ruhling, Planner RE: Preliminary/Final Plat for the "Lin Lane Villas". Case # S2003-11 LOCATION: 16407 Desert Sage Drive aka Plat 206, Block 2, Lot 5. REQUEST: Consider the Preliminary/Final Plat for "Lin Lane Villas", a 2-unit condominium project. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Linda A. Gordon Linda A. Gordon "R-2" Developed and occupied 11,700 sq. ft. or .27 acres SURROUNDING LAND USES AND ZONING: NORTH: SOUTH: EAST: WEST: SUMMARY: Duplex; zoned "R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" This request is for approval of the Preliminary/Final Plat "Lin Lane 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 applicant is requesting approval of a two (2)-unit condominium project (built in 1986) in a R-2 zoning district. The two -unit complex is currently under the sole ownership of Linda Gordon. Lot coverage is 24%; allowed lot coverage is 50%. Project density is 5,850 square feet per dwelling unit; required density is 4,000 square feet per dwelling unit. Unit A has 1,056 square feet of living area plus 234 square feet of garage. Unit B has 1,056 square feet of living area plus 230 square feet of garage. Each unit accommodates parking with a one car garage and tandem parking. Trash pick up is individual. Lin Lane Villas S2003-11 EVALUATION: The application conforms to the TOFH zoning ordinance requirements for limited multi -family housing with the exception of parking, which falls under the legal non -conforming status. The Planning & Zoning Commission reviewed this application at their September 11, 2003 meeting and voted unanimously to recommend approval. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of S2003-11; Preliminary/Final Plat "Lin Lane Villas Condominiums". Page 2 of 2 TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT n Y,+ l )iiiI-) Date Filed! f l . c Fee Paid �yao Accept B P Condomini m Name C as Condominium Address y� r .� IA.* Legal Description of Lot/Parcel Being Plattd Plat d Block Lot(s) Parcel Size 7&4 o dt Number of Units Number ofrracts OF AAFA C Zoning General Plan Land Use Designatio '� Rom• I)AnQity :• n__ w ___. • j rC C'c,� �c,. Applicant Day Phone • o� o --23- 535 5,yl-9v v- sd Address City ST Zip 6rc d od� D/L SD Owner Day Phone Address City ST Zip Attachments (Please list) &e-1 r,t �i Pl^ ? x; /er,,ow- 4ralt-e �.� G .�u r ✓t S/ Signature of Owner 1 HERBY AUTHORIZE (Please Print) Date .11i LE THIS APPLICATION. v L5 Subscribed and sworn before me this day of 19 Notary Public My Commission Expires I Fee Schedule Attached TFH Case Number 5�0� - I I I, I I I I I I fill 69{1i ° I / R / A / � s / a MN K^I II I li I II I II I u I n i II I II I II I II I II I II I .A •a � m r i I :yWL Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Consent:® Regulars❑ Meeting Date: 9/18/03 Contact Person: Bender Requesting Action: El Type of Document Needing Aporoval (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 CouncilPrioritv-(Check AiDmonriate 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 Rezular Agenda Wording: CONSIDERATION of approving the MEETING MINUTES of 9/3/03 and 9/4/03. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Backsround Information: Approve draft Town Council meeting minutes for archival purposes. List All Attachments as Follows: Draft meeting minutes T-ype(s) of Presentation: none Simatures of Submittina Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[:] Meeting Date: 9/18/03 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 Anoromiate 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 Wordings Consideration of the special event request submitted by the Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, February 27, 28 and 29 from 10:00 a.m. to 5:00 p.m on Friday and Saturday and 8:00 a.m. to 5:00 p.m.. The event will require the closure of Saguaro from El Lago to Parkview, Parkview from Saguaro to La Montana, La Montana from Parkview to El Lago and Avenue of the Fountains from Saguaro to La Montana. With stipulations. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To approve the special event request. Thy request is grandfathered event (has occurred for more than ten consecutive years in the community) and per Article 8-3 automatically appears on the event calendar. Application process and Council approval required. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: De artment Head 17Vo `© 3 Town ffanager Budget Review (if item not budgeted or exceeds budget amount) fir.. TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: September 9, 2003 FR: Tom Ward, DJxectpr of Public Works RE: Great Fair Special Event Request v,,,' The Chamber of Commerce has submitted their request for the Annual Great Fair. This year's event will be held on February 27, 28 and 29, 2004 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The usual street closures will be required: Saguaro from El Lago to Parkview, Parkview from Saguaro to La Montana, La Montana from Parkview to El Lago and Avenue of the Fountains from Saguaro to La Montana. The streets will be closed at 5:00 p.m. on Thursday, February 26, and re -opened at 6:00 a.m. on Monday, March 1. The Sheriff's Office will be working closely with the Chamber, Rural Metro, and local merchants to insure that all aspects of traffic control, security, and public safety are addressed. The Chamber has obtained permission from various organizations to use their property for event parking and a signage plan is on file. A certificate of insurance will be on file prior to the event. The application indicates that beer and wine will be included with the event. The Chamber no longer obtains a special event liquor license. The Veterans of Foreign Wars has applied and Council approved their application on September 4, 2003. This application was received on August 6th and complies with the major event provision for 90- day submittal. The Special Events Committee recommends approval, with the following stipulations: • The Chamber is responsible for 100 % of damages to Fountain Park as a result of carnival equipment. • Every effort must be made by carnival personnel to protect fluids from carnival attractions leaking onto turf. • All hot air balloon support vehicles must vacate Fountain Park no later than 12:00 p.m. on the final day of the Fair. cc: Sharon Morgan EASpecial Events\Great Fair.doc Special Event Permit Application Date of Application: Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator P.O. Box 17958. 16S36 E. Palisades Fountain Hills. AZ 8526S Phone: 480-837-'003 Fax: 480-S 37-3145 Permit Application #: Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a -johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE. Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- fnve (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) G Section 2 Application ame o vv%nt Information I V ,r • (Must be completed) anon o vent/ eet A ss Any changes shall be event is on private property provide: Owner's name one submitted to the Clerk's office prior to the end of the 1st day ystca tarttng omt o event of the event. CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: iuon romt of event I E1J Ale fl, f/to taLe ctlge on ztv rrgpert,. �o7 t71 � L` 11i�' cl 4Lt4t=)_. natot w 1A_ sn to set up for event. if e event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet if Chanty s Name (c)_ . umber necessary. Chanty s Address Chanty s Phone a (if different trom above) Has this event ever been held at another location? ❑ Yes #No If Yes, please provide the following: Date(s) Location(s) 195" ffl94 Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes o If Yes. please explain: Will there be an admission charge: Yes No If Yes, how much? Will there be an amplified entertainment? _ Yes 0`lizn�oc— If Yes, what type? N Attach an additional sheet if Will there be live entertainment? Yes No necessary. If Yes, complete the following: Group Performance Location Scheduled Time Tax ID # Attach an additional sheet if Will there be any novelty items sold? p Yes No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # Attach an additional sheet if Will there be any contracted concessionaires/caterers? ? es Ei No necessary. If Yes, please provide the following information: (Attach an ad itional sheet if necessary) Name of Concessionaire/Caterer Address Phone Items sold Tax ID # I Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences tot the event. Attach an additional sheet if Will there be artists. es El No necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID x What type of advertising/promotion will one prior tot the event. 11 Yes p o Radio iff Yes o If Yes, list stations: IV NJ Yes ❑ o It It es. list stations: Newspaper Ads Yes o it Yes. hst newspapers: LJ /t Press Releases es o It yes, ow many: Flyers/Posters Yes No If Yes. where distributed and attach any planned promotional materials. Pe" Vim— Anticipated y Attendance: Anticipated PeakAttendance. Attach an additional sheet if Lt and describe the number of vehicles and/ or equipment which will be involved in the event QAr necessary. Will there be animals involved'. If yes, please explain. p Yes �o Section 3 Event Special Will the Event include any of the [onowing: � Yes � No I[ Yes, be advised that event features may require an inspection Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies V Yes No applicable and include a Note: If more than I tent or canopy is being used. a site plan must be provided If Yes, please provide the following information: site plan. Number ofTents/Canopies V,+A 1 size(s) Company Name / �r% ���� 1 �� ✓ ��r Address_ ! ! '^� � Phone Number 9 r 3� Contact / _ Open es or Cooking Wes o No es, please provide the followinj information: Event features may Company Name: require inspection Address and/or special permits ` from building, Contact Phone Number engineering, fire, and/or health departments Fireworks Ei Yes No If Yes, please provide the following information: Company Name: Phone Number Temporary Fencing/Structures Yes No If Yes, please provide the following information: Company Phone Number. Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event must be adequately served by utilities and sanitary facilities Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event_ Sienaee shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. Town of Fountain Hills First Aid Locations es No If I es. please provide M—e o owing information: ormaon: Company Name:K.//1' al"'r' Phone Number Port -a- o aste Control Yes No if Ym please provide the following information: The site of��thee event must be adequatelysen-ed by utilities and sa�nitarY facilities. Company mW Na e A57' /'e �v� `r " - Address g,-V--O /9! Z" � f jf % �f Contact V 64,1 ��N N �� / Phone Number �0' — 0'7 Company iNo 11 r b. p1 'b�w�Y- ff�y��,r� �a,o Phone Number ��/ �j/� va usement Ride5 es yy��❑ o es, plea, / vv1 t Company Name Phone Number- r tmg/ po is es No If Yes, contact the Community Development Department as a special permit is required. Provo Signs/Banners es x No If Yes. contact the Community Development Department as a special permit is required. Provide the following information Company lnflatablesEl Yes No !f Yes. contact the Community Development Department as a special permit is required. Provide the following information. Phone Number Special Event Application Page 4 of 10 Other — Description or any DOW acuvtues at the even Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas, which are applicable, CityStreets09 Yes No If Yes, provide the following and include on a site street EST Q m Date s Time sl: plan showing all nRU (W1a requests. SAq V! E4J �Sd41'Fi'� mil. o�/T/4 :tv/1—� / kv5"&4edC-a F Wrd3 �� l Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. ses $ :,, Sidewalk From/To Sidewalk Date(s) Time(sl On Allevs es R7 No If Yes, provide the following: Alley Fromlro Alley Date(s) Time(s) Public Parking Lots 0 Yes No it Yes, provide the following: (If parking is to be on private property, written permission of the property owner must be included with the application.) Parking Lot Date(s) Time(s) own right-of-ways rl Y es o Section 5 Use of Town Facilities Will any Town Facilities be used? Yes h`h No Complete those areas, �]I which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. I-acility Person Contacted Phone If additional locations are requested, please attach a site plan showing additional locations and services needed. Will any Town Electric or Water hookups be used? AA Yes 0 No inj Responsible Person at the Event Responsible rson's Harm Address Horne Phone Responsible rson s Business Address Business Phone Pager (it applicable) Cell Phone # ( if applicable) Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 9 6EI5 /wl b its ► - `��� �s;;19 CD i E fIL :� Tq T �7 G f IF FW. Fr, '7 1 � � 1 1 1 Tq RENTAL AGREEMENT BETWEEN N. PLAT 208 COMMON AREA PARiONG LOTS AND FOUNTAIN HILLS CHAMBER OF COMMERCE WFIEREAS, the Fountain Hills Chamber of Commence wishes to enter into an agreement with the Plat 208 Property owners Association relative to renting their parking lots in the north area of Plat 208 on the north side of Avenue of the Fountains, and WHEREAS, the Plat 208 Property Owners Association wishes to enter into an Agreement with the Fountain Hills Chamber of Commerce NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The length of the Agreement will be two years (2) in duration, commencing with the Great Fair Art show in February of 2002 and ending with the Fountain Festival in November of 2003 (4 events) after which time it will be open for re -negotiation. 2. This Agreement is non -transferable and applies only to the Plat 208 Property Owners Association common area parking lots. If there is a sale or other disposition of the common area parking lots, this Agreement becomes null and void and any other Agreement will be negotiated between the Fountain Hills Cumber of Commerce and new owners. 3. This Agreement is predicated on the Fountain Hills Chamber of Commerce's ability to continue to sponsor and produce these events and the Plat 208 Property Owners Association's ability to rent these lots. 4. It is understood by all parties that in addition to rental costs, the Chamber expects to assume additional costs for such items as barricades, security and labor, to insure adequate parking for tenants and customers of Plat 208, and will continue to do so. 5. Based on the foregoing: A. The Fountain Hills Chamber of Commerce will pay to the Plat 208 Property Owners Association a sum of $3,000.00 per event during the first year only of this Agreement, ending with the Fountain Festival in 2002. In the second year, the fee for the common area parking lots will be $3,120.00 (4% increase) ending with the Fountain Festival in 2003. 6. The Fountain Hills Chamber of Commerce will continue to be responsible for any damage to the common area parking lots, including damage to curbs caused by fairgoers during both the Fountain Festival and Great Fair events. The Chamber will continue to use dirt ramps to minimize damage to curbs. Prior to each event a representative from the Chamber together with a representative of the Plat 208 Property owners will inspect the common parking areas to note existing damages. After the conclusion of the event, the same representatives will inspect the common parking areas to note any new damage caused by fairgoers. Dirt ramps will be removed and correction of damages will commence within 10 days after the date of the inspection. 7. The Fountain Hills Chamber of Commerce also agrees to coordinate the use of the common parking area lots by submitting the schematic plan to the Plat 208 Board of Directors at the same time that the plan is submitted to the Town of fountain Hills. 8. The Plat 208 Property Owners Association will allow the Fountain Hills Chamber of Commerce to utilize the rented lots without restriction as to parking during the time of this agreement (except as noted in Item 4 above). 9. Business owners will be allowed to display their services or products on their private property or common areas (excluding common area parking lots). The use of space will be for the business owner's use only and there will be no sub -letting by business owners to any other entity permitted. Any request by a business for use of common areas must be submitted to and approved by the Board of Directors of Plat 208 Property Owners Association. 10. This Agreement will be binding on current and future Fountain Hills Chamber of Commerce Boards of Directors and future Boards of Plat 208 Property Owners Association, for the te= of the Agreement. This Agreement can be terminated by either party 90 days from the date of a written notice stating the intent of tamunatmg the Agreement 11. This represents the total Agreement and nothing verbal or implied other than within this papa is recognized Any changes by either party will be in writing and added as an addendum. N. Plat 208 Property Owners Association Fountain Hills Chamber of Commerce 3875 N. 44tb Street Suite 102 P. O. Box 17598 Phoenix, AZ 85918 Fountain Hills, AZ 85269 Signed this day of , 2001 For the Fountain Hills Chamber of Commence Board of Directors Bruce Hansen, President Signed: day of , 2001 In witness thereof: Signed day of -2001 Frank S. Ferrara Steed day of 22001 Paul Perreault Signed day of ,2001 James Vodak Signed day of ,2001 Judi Yates For the N. Plat 208 Property Owners Association James Heasley, President Signed day of ,2001 In witness thereof: Signed day of ,2001 Vladimir Hulpa I Signed day of 2001 Dan Kaufman / Signed day of ,2001 Barbara Pederson V Signed day of ,2 001 ' 0 _ Gordon Pittsenbarger MCO Custom PROPERTIES July 10, 2003 Ms. Sharon Morgan Fountain Hills Chamber of Commerce P.O. Box 17958 Fountain Hills, AZ 85268 Dear Sharon: This is to confirm that MCO Properties will allow parking on approximately 11 acres identified as the Final Replat of Block 7, Plat 208 for the upcoming Fountain Festival of Arts & Crafts November 14 through November 16, 2003. In the event MCO closes on the sale of any lot within Block 7 on or before November 16, 2003, it is the responsibility of the Chamber to obtain authorization from the new owners. You will be required to provide the normal proof of liability insurance naming MCO Properties as the insured party. Sincerely, Greg Bielli President GB:*kr 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com JUL-16-2003 02:15 FROM:QILLAGE FEALTY aROUP 8472511495 T3:480 816 3242 r PAGE: 02 07/15/2003 08:08 480-016-3242 FOUTAT;J HILLS C [7f G Jaa y 15, 2003 TO. Mr. Sam Oambaeorta FROM: Sharon Morgan - Event Prc Fountain Hill$ Climber of RE: Lot I. Final Replat Block 2, Plat 208 last Via Fax: 847.251.1495 Mr. Gambacorta by way of this memo I Un requesting pmWision to Ube the above.nmttoned pueel of land for �tiata patkine for the Fountain Festival of A,tu and Crofts th3$ coming Nwamber 13 - 17, 2003. 1 have spoken to Mr. Mike Snodgmss about this and he told me be did not bt "eve that there would be any con$Mntcticm atutrd at that time. The Chamber of C inwwrce will provide you with ic"Met for that titan period and will make taure drat any litter UNVor trash will be elmed up aRet the Owsm. I Me Chambers onset art show the Oreat Fair i$ next year Febtwry 26 - March 1, 2004. If there i$ Ao coastntction 9tatted at this tinhe 1 w"o+t1d �epectively aek far t3te $ame Pam$ ivn. I will kcvp in acn$$gt with Mr. Snodgraia about construction. I thank you in advance for, hoptAtlly. your pertnia$iotr ft psAdng on Lot 1, Fbatl Replat Block plat 208• I cam be raaohod at 480-837-1654 if you have any que$tioas and my thx nutlsber roar yaw reply is 480.816r 3242. Penthisaion Aram "� 14 Operrmssiam denied ._ Date N Date Nrme t Fountain K9s Chamber of Con r rWC® • P.D. Ow 1 TaN 0 Fourdlikln HIP*, ArIzan$r 052W7 00 . (4GM W7-106a • FAX (480) 6.17.30" Z f i ffl l • - tZ. ! r; t O; 1 f-� i �: I F 1 Gay. i mt i i is t :TOE i ' c! ,! I co: I I : r' : SAGUARO___. - ----,37------- t: � J i• t . 1 I i0! t i i r C3 ; i iC: 'D I 1 i BOULEVARD 1 C. 77 1 j " o Cy m o z F School H►yh wool N 4 4-W4YSrop WAY STOP PACISaD Frc LIGHT - — — '< ti ES BL vD SUNFLOWER DR 5� •C L -v.c k. c Z CIO qw P 4 .ARKVIEW EL LAGO BLVD. a AVENV Z EOFTHEFOV z EL I AGO D NrA►NS Churclt - O 8CV 0 O THISTLE DRIVE Church _ 20 �=3 WAY 4 C9 STOP S -- -- V v FOUNTAIN ,.� HILLS �. INCA AVE. s E g1 Vim_. - �, ourSe, INDI pR. Golf C WELLS tit V STopY m 4z syEa Be46%� club �.ireRock C�unt►y I TRAFFIC Mountain LIGHTS Eagle GOIf Course �%*TAW aocO &-rVW7- 4�5mjo6n7 -' `� x x� z �• a u, KO p Q 4 �• LL N J Q E- J a w "� W S N > Q f. 3nlaa a3nla 3aa3n LL ~ O Q WLu p . N f Z > ail �1 0 zUJ Q ` !— 6, 0�m X UVJ 110 1INVINOW Vl X x —W X.0 0 3AING ABISa,M o: ui W CO =o~a :3 a F /C/ OF AVE�'�uE 3QNI IW 3 � m � ut N � X WIG SIIIH NIVINno:j w z Z f t� ""i-�� PI L Section 6 Event Security (Must be completed) Will the event be using private security? Ei Yes till No It Yes, please provide the following: Section 7 Emergency Medical Services (Please complete items, which are applicable.) Security Company: Phone Contact Person Phone (if different than above) Number ot personnel contracts or: Scheduled ours personnel will at the event. Will e even[ be requesung the services o n cv es ❑ No If Yes, please provide the following: l�J MC50 ontact Person Phone o schedule Deputy Marshals, s, please call - tcers must be scheduled a nummum of three weeks pnor to the event. -After reviewing the event application. the Town may require the use of deputies for the event if deputies are required. permittee must provide above information as an amendment to the application before an event permit will be issued. Will the event request Rural Metro's EMTs or paramedics?A Yes ❑ No Number of personnel contracted for. If Yes, please provide the following: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. 'After reviewing the event application. the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event?x Yes ❑ No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s) of alcohol: Will alcohol be so es ❑ No Will the alcohol be given away? ❑ Yes Y No Will event attendees be pernutted to bring their own alcohol? ❑ Yes WNo s alcohol included to the a rmsston price to the event. ❑ Yes p No This applies to charitable. religious, fraternal or political groups only. Lit/ Town of Fountain Hills Special Event Application Page 6 of 10 MARICOPA COUNTY SHERIFF'S OFFICE To: Fountain Hills Chamber of Commerce I From: Mr. Frank Ferrarro Subject: Anticipated security needs for Fair M. Sir, Memorandum SgtB. Roska # 878 Admin. Sergeant Date: July 31, 2003 Attached are various information sheets in regards to security needs for future fairs in town. I am projecting needs based on last February's event. This is an outline for now and changes can be made as needed. Included in this packet are: ➢ Map of area ➢ Expense sheet for anticipated man-hours ➢ Daily assignment roster for Deputies ➢ Copy of Sheriff's Office evaluation of last years event with recommendations for future fairs ➢ In addition to the listed paid deputy positions, a combination of approx 10-12 volunteer Posse from the Fountain Hills Posse and the Desert Foothills Posse will assist with traffic direction at the following intersections: o La Montana & Ave of the Fountains (post office) o La Montana & Parkview o El Lago & Verde River o La Montana & Palisades o Additional roving security If there is anything further that you need from me please call at 837-2047 Thank You 6X 5000-135 RIO-93 (MW97 v1.0 5/27/98) pq ddrEk Fa 47 _Y !'4' IS I-A�� r.Inr-r ruinw-r Q4119:T GI IPFRVISOR COSTS HOURLY RATE $35 -- $35 $40 HOURS(PER DAY) 7 12 7 TOTAL $ (PER DEP) $245 $420 $280 NO. OF DEPUTYS(PER DAY) 6 1 1 TOTAL $ FOR SHIFT $1,470 $420 $280 NO. OF DAYS/NIGHT 1 3 3 3 TOTAL $ SHIFT(ALL FAIR) $4,410 $1,260 $840 TOTAL SECURITY COST (ALL FAIR DAYS) $6,510 (approximate) above totals do not include "donations" made to various Posse volunteer organizations Doe�nore Ict�th�sfiof�lddingronl�norl�dePt�r(Sunday�on�r� � a. 19,.�..,...����.�.�.g.�-..=:� projected cost sheet for Great Fair-2@@12004 MARICOPA COUNTY SHERIFF'S OFFICE M Memorandum To: Fountain Hills Chamber of Commerce From: Sgt B Roska # 878 Subject: FOUNTAIN HILLS GREAT FAIR Date: July 31,2003 Man power needs— Schedule REVISED 7/31/03 SCHEDULE FOR THE GREAT FAIR Thursday Overnight Security - One Deputy FRIDAY, SUPERVISOR: Deputy Sgt -10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000 —1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. (1) Farmers Market (1000-1700 hrs.) 1. (1) OVERNIGHT SECURITY - Saguaro, Ave. of the Fountains and the Park — 6 pm to 6 am 1. SATURDAY SUPERVISOR: Deputy Sergeant -10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000 — 1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. (1) Farmers Market (1000-1700 hrs.) 1. (1) OVERNIGHT SECURITY - Saguaro, Ave. of the Fountains and the Park — 6 pm to 6 am 1. 5000-135 RIO-93 (MW97 v1.0 5/27/98) SUNDAY SUPERVISOR: Deputy Sgt. 10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000 —1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. Jim Jeselun # 1214 — p 602-223-8856 (1) 1. IMARtICOPA COUNTY SHERIFF'S OFFICE M. Memorandum To. >Mr. Timothy' Pickering From: Captain Scott Penrose The following is an overview of the activity related to the Great Fair. This report is a compilation of various opinions, remarks and reports from the deputies assigned to work the fair over the 3 days. The recommendations at the end of this report are meant to be points of discussion for future fair events. Which recommendation, if any, are acted upon are for the Town of Fountains Hills and The Fountain Hills Chamber of Commerce to determine. Attendance: ➢ Attendance figures were for the 3 day event was placed at approximately 160,000 attendees. ➢ Friday had the smallest of the crowds and Sunday had the largest. Sheriff Office Presence: ➢ Seven paid deputies were present each day. ➢ One supervisor and six deputies worked security during the day. ➢ One Deputy worked security overnight. ➢ The Sheriff Office Command post was present for all three days. ➢ Twelve volunteer Posse members from the Fountain Hills Posse (7) and Desert Foothills Posse (5) were used to augment the sworn deputies each day and assist in security and traffic control. ➢ Volunteer Posse members from the Sheriff's Mountain Rescue were present at a booth. ➢ Volunteer Posse members also provided free fingerprinting to any children attending the fair. ➢ Sheriff Arpaio attended the fair on Saturday and spoke with attendees. Criminal Activity: (non -traffic related) There were no criminal reports filed by any of the vendors at the fair. Also, no criminal reports were filed by any of the attendees at the event during the course of the 3 days. The Fountain Hills Marshal's Office also reported that no fair related incidents occurred that they had responded to over the 3 day period. Arrests: No arrests were made during the course of the 3 day fair that could be directly tied to any of the events taking place, vendors or any of the attendees at the fair. 5000-135 R10-93 (MM97 v1.0 5/27/98) Minor Incidents: (incidents not warranting a criminal report) ➢ There were no reports of any missing children during the 3 days of the fair. ➢ One dispute arose between a vendor and customer about the correct change due from a purchase made. The customer requested that deputies assist in resolving the dispute. A resolution was found that was mutually agreeable to both parties. ➢ A previously reported run away juvenile was located at the fair and returned to his parents. ➢ Only 3 medical calls were generated during the entire fair. Two were from injuries sustained from tripping on curbs, and one was a diabetic incident. On scene Rural Fire personnel handled these events. ➢ When Avenue of the Fountains was closed at 5:00 pm on Thursday to allow vendors to begin their set up process an unattended vehicle was still parked on the street. A registration check showed that the owner lived in Mesa and that the vehicle registration had expired 6 months ago. The car appeared to have broken down and had been parked there for several days. The car was towed in accordance with policy and state law. ➢ An area business on Saguaro had contracted with a vendor to set up a display tent on the retailers' property to sell wares. The vendor set his display up on Saguaro Blvd in the street in front of the business. It was discovered that this vendor did not have the proper permit/license to be in the street. When contacted by Sheriff's Deputies the vendor returned to the store front area maintained by the area retailer with whom he had contracted. Vehicle Accidents: The estimated amount if vehicle traffic is between 15,000 — 20,000 cars per day. ➢ Three private property (parking lot) hit & run reports were filed for the 3 days of the fair. ➢ Two surface street accidents were reported that could be related to the fair traffic movement. Both accidents were non -injury. Vehicle Movement: ➢ On Sunday there was a back up on westbound Shea Blvd at Palisades from cars leaving the fair and traveling back to Scottsdale. The back up went through the intersection of Fountain Hills Blvd. This was the only day that experienced any traffic backup related to the fair. Parking: ➢ Designated parking areas were few so drivers were improvising as the day went along. Many dirt lots, private lots and open space became instant parking lots. ➢ No reports of illegally parked cars on the roadway were received. ➢ A few area business owners noted difficulty in saving parking spots for their customers. Traffic Direction: ➢ The highest traffic volume for vehicle and Pedestrian traffic was at the intersections of Avenue of the Fountains and La Montana & Parkview & La Montana. ➢ 3 Posse members continually manned the intersection of Ave of the Fountains & La Montana The Fountain Hills Festival 2003 Estimated Costs Dav One Command Officer/Fire Marshal 9 hours @ $28.26 $254.34 Public Assist Unit 8 hours @ $15.21 $121.68 ALS Station and Crew (2) 8 hours @ $80.14 $641.12 Day One Total........ $1017.14 Day Two Command Officer/Fire Marshal 9 hours @ $28.26 $254.34 Public Assist Unit 8 hours @ $15.21 $121.68 ALS Station and Crew (2) 8 hours @ $80.14 $641.12 Day Two Total........ $1017.14 Dav Three Command Officer/Fire Marshal 9 hours @ $28.26 $254•34 Public Assist Unit 9 hours @ $15.21 $136.89 ALS Station and Crew (2) 9 hours @ $80.14 $721.26 Day Three Total........ $1112.49 Event Standby Estimated Total=$3,146.77 Cost structure is as indicated above, this is an estimate of projected costs for the Fountain Hills Chamber of Commerce 2003 Festival. In addition, if situations dictate, the chief and/or his designee have the right to summon additional units at the expressed rates and expense of the event sponsor. It is our intention that all events in the Town of Fountain Hills are safe and coordinated to the benefit of our guests. -7' Z-''3 Chief Mark Zim=ro Date Fountain Hills Fire Department As the representative of the Fountain Hills Chamber of Commerce, I agree to the conditions of this contract and the estimated cost structure. I hereby grant Rural/ etro of Fountain Hills the S Medical C tract for the 2003 Festival. ,y o� Sharon Morgan D to Fountain Hills Chamber of ommerce All _______________________-_.__-__- _.` SAGUARO vllll` -lid I L I if jl ____________________-----______. BOULEVARD 1 ;O; ' ' I 1 I � —� -I- Extension offrermsc (artach copy of State of Arizona Application) Special vent Liquor License (attach copy of State of Arizona pp canon) It applying fora Special Event Uquor license. the following must be provided: Chanty s or rganization s N ame (c)-i . umber letter trom the chanty or organization agreeing to parnnpate as the agen[ for the special event liquor license is required and must accompam the original event application. Name of Contact at Charity or Organization Phone On -Site Agent Responsible for Uquor Is dite event within o a church or school property me. ❑ Yes ❑ No What controls will used to keep attendees under the age of 21 trorn obtaining alcohol at the event. site plan showing locations of alcohol service areas. type and height of fencing. and security check areas must be provided and correspon to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more of the gross revenues denved trom the even[ be derivedm alcohol sales? ❑ Yes ❑ No Section 9 Parade Information (Please complete items, Assembly Area Time which are applicable.) Disassembly Area It= Number of Units Description of the units (motorized, animals, floats. and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance Requirements Section 11 Fees Note: Town of Fountain Hills A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund -after -the -Town expenditure -review - A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned. Special Event Application Page 8 of 10 Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION $ �y VC Eifii ffe--dffv&t Costs For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY Section 14 Administratively APPROVED or Administratively DENIED COUNCH. 191i]0riN 19 I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event Aee� �4 Application Fee Received: Check# Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected: Check# staff signature ❑ .20 ❑ ,20_ Date Recei Date Received: Staff Signamm Date Approved at the �`-, 2063 Town Council Meeting. ❑ Denied at the 20_ Town Council Meeting. Town of Fountain Hills Special Event Application Page 10 of 10 Town of FOUNTAIN HILLS Parks and Recreation Department t}� FACILITY USE REQUEST 16836 East Palisades Blvd., Bldg. "A" ' P.O. Box 17958 " Fountain Hills, AZ 85269 Telephone (480) 816-5152 Fay (40) Rt7_�2�7 Park or Facility Requested rvT,� A44 e Specific Location Requested s� �� 4WV� Use Date(s °? � �7 Hours (include set-up and take -down) M 7641 i / �!/ FROM TO �Q Eve t Planned No. Attending/, � Organization/Group Responsible Party / ;5�-/E'ewj Phone (ho ) S7'3�7— Phone (work) 73V— &' ddress �d . 13,6Y /�5�� City Zi p ,Will there be an admission fee, donations taken, tickets sold, or itepis orbservices sold? L �1'ES [:]NO If YES, explain f j b' /S /Jj Will there be any large equipment or animals brought into park premises (i.e. tables, stage, trailers, inflatable bouncy equipment, petting zoos, other)? � YES []NO If YES, explain � � (( Will vendors be used? (i.e. caterer, band, other) YES O Will alcohol be served or sold? []YES [7NO 7 If YES, explainz' OAG q I have read, understood, and agreed to abide by the Town of FOUNTAIN HILLS Park Rules outlined on the reserve side. Additionally, I understand the re erved area will be left clean and damage free once the reservation is completed. SIGNATURE OF RESPONSIBLE PARTY: Date: FOR OFFICE USE ONLY Rental Infnrrrnntinn Rental Number Alcohol Permit Number Certificate of Insurance Facility Fee Waiver Form Special Event Permit Rental Extras, Athletic Field Lights Athletic Field Prep & Bases Stage/Equipment Fountain Operation Park Labor Approved: Date: Parks & Recreation Staff For Office Use Date Received Rental Fees Amount Received Check No./Cash White — Office Binder Canary — Field Supervisor Binder Pink — Parks Operation Supervisor Gold - Customer f FOUNTAIN HILLS CHAMBER OF COMMERCE BANK ONE 16870 P.O. BOX 17598 FOUNTAIN HILLS, AZ 85268 FOUNTAIN HILLS, AZ 85269 91-2/1221 PH. (480) 837-1654 8/5/2003 PAY TO THE THE TOWN OF FOUNTAIN HILLS ORDER OF I ** ] 00.00 One Hundred and DOLLARS 8 THE TOWN OF FOUNTAIN HILLS P.O. BOX 17958 FOUNTAIN HILLS, AZ 85269 PERMIT FEE GREAT FAIR 2004 .q` ii°o LE8 70u- 1: L 2 2 L000 241: FOUNTAIN HILLS CHAMBER OF COMMERCE THE TOWN OF FOUNTAIN HILLS Bank One Checking PERMIT FEE GREAT FAIR 2004 0 20 Sill CU C 111" 8/5/2003 100.00 100.00 z Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 9/18/03 Contact Person: Tim Pickering Requesting Action:® Tvne of Document Needing Aunroval (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: Lease Agreement Council Priority (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 Alzenda Wording: CONSIDERATION of approving the first amendment to the LEASE/MANAGEMENT AGREEMENT between the Town of Fountain Hills and the Fountain Hills Community Theater. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: This amendment was created to amend the original lease/management agreement between the Town of Fountain Hills and the Fountain Hills Community Theater to include the "Old" Community Center as part of the leased premises therein. Please note that Exihibits A-D will be provided to you by the Town Attorney next week. This amendment runs through April 5, 2005, the end of the original lease, a copy of which is attached. List All Attachments as Follows: First Amendment to Lease Agreement, Copy of original Lease/Management Agreement Type(s) of Presentation: none Signatures of Submitting Staff: Department Head �•/© •03 Town M n ger / esignee Budget Review (if item not budgeted or exceeds budget amount) e:\agenda cover sheet\agenda cover sheet masterdoc.doc FIRST AMENDMENT TO LEASE/MANAGEMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS COMMUNITY THEATER THIS FIRST AMENDMENT TO LEASE/MANAGEMENT AGREEMENT (this "First Amendment') is made as of September 18, 2003, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Fountain Hills Community Theater, an Arizona non-profit corporation ("FHCT"). RECITALS A. The Town and FHCT entered into that certain Lease/Management Agreement dated April 6, 1995, relating to FHCT's use of certain Town -owned real property (the "Agreement"). B. Upon completion of construction of the new community center, the Town no longer needed to utilize the facility located at 11445 Saguaro Boulevard, as more particularly described in Exhibit C, attached hereto and incorporated herein by this reference (the "Old Community Center"). C. The Council of the Town of Fountain Hills approved the FHCT's use of the Old Community Center on November 1, 2001. D. The FHCT has made improvements to the Old Community Center to modify it for use consistent with the Agreement. E. The Town and FHCT desire to amend the Agreement to include the Old Community Center as part of the leased premises therein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. That Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following: "The Town hereby leases to FHCT and FHCT hereby accepts the lease from the Town of certain premises commonly known as (i) 17325 E. Rand Drive, Fountain Hills, Arizona, as more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Children's Theater"), including all buildings and fixtures located thereon, as more particularly described in Exhibit B, attached hereto and incorporated herein by reference and (ii) 11445 Saguaro Boulevard, Fountain Hills, Arizona, as more particularly described in Exhibit C, 9196.009\FHCr Lea .al.doc 8-29-03-1 attached hereto and incorporated herein by reference (the "Community Theater") including all buildings and fixtures located thereon as more particularly described in Exhibit D, attached hereto and incorporated herein by reference." 2. That the documents attached to this First Amendment as Exhibit C and Exhibit D be appended to the Agreement as if fully set forth therein. 3. That the Agreement and this First Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 4. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. EXECUTED as of the date first set forth above. TOWN OF FOUNTAIN HIL an Arizona FOUNTAIN HILLS COMMUNITY municipal corpgr, e ,o THEATER, an Arizona non-profit corporation By: By: V A L S�-G1 s)k W. J. i � ols fl Name: Title: ATTEST: Bevelyn J nd , Town Clerk STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) T is instrument was acknowledged before me this/O day of 2003, by , the ,4W.j�1.t_��, of the FOUNTAIN HILLS COMMUNITY THEATER, an Arizona non-profit corporation, on behalf of the corporation. OFFICIAL SEAL SUSAN GRIGGS Notary Public - State of Arizona MARICOPA COUNTY My comm. expires Jan, 28, zoos Notary Public in and/or the t to of Arizona My Commission Expires: 9196.009\FtiCTLea al.v2.doc 9-9-03-1 EXHIBIT A [Legal Description - Children's Theater] LEGAL DESCRIPTION CHILDREN'S THEATER That certain real property located at 17325 E. Rand Drive, Fountain Hills, Arizona, known as Lots 1 and 2, Block 5, Fountain Hills, Arizona, Final Plat No. 302, as recorded in Book 156 of Maps, Page 45, Records of Maricopa County, Arizona. EXHIBIT B [Personal Property Description - Children's Theater] 0 M PERSONAL PROPERTY DESCRIPTION CHILDREN'S THEATER Those premises located at 17325 E. Rand Drive, Fountain Hills, Arizona, including the building thereon, measuring 3,476 square feet, and any and all fixtures existing therein on or before April 6, 1995. EXHIBIT C ® [Legal description - Fountain Hills Community Theater] C' LEGAL DESCRIPTION FOUNTAIN HILLS COMMUNITY THEATER That certain real property located at 11445 Saguaro Boulevard, Fountain Hills, Arizona, known as Lots 1 and 2, Block 5, Fountain Hills, Arizona, Final Plat No. 302, as recorded in Book 156 of Maps, Page 45, Records of Maricopa County, Arizona. EXHIBIT D [Personal Property Description - Fountain Hills Community Theater] PERSONAL PROPERTY DETAIL FOUNTAIN HILLS COMMUNITY THEATER Those premises located at 11445 Saguaro Boulevard, Fountain Hills, Arizona, including the building thereon, measuring 3,144 square feet, and any and all fixtures existing therein on or before November 1, 2001. LEASE/MANAGEMENT AGREEMENT This agreement made and entered into this 6th day of April, 1995, by and between the Town of Fountain Hills, a municipal corporation of the State of Arizona, hereinafter known as "Town" and Fountain Hills Community Theater, Inc., an Arizona Non -Profit Corporation, hereinafter known as "Fountain Hills Community Theater" or "FHCT." NOW THEREFORE, the parties hereto agree as follows: 1. Town hereby leases to Fountain Hills Community Theater and Fountain Hills Community Theater hereby accepts the lease from the Town certain premises commonly known as 17325 East Rand Drive, Fountain Hills, Arizona and more particularly described on Exhibit A attached to this agreement and incorporated herein by reference. Premises as used herein shall include both the real property described in Exhibit A and all buildings and fixtures located upon the real property as described in Exhibit B. 2. The term of this agreement shall be 10 years and shall commence on the day and date first above written. One year prior to the expiration of the 10 years, the parties shall meet and during the 12 months immediately preceding the termination of this agreement shall negotiate and may enter into a renewal for an additional 10 year term provided that at the time of the renewal, neither party is in default of any of the terms and conditions of this agreement as it exists now or as it may be modified in the future. 3. The rent that the lessee shall pay to the lessor shall be the sum of ten dollars ($10.00) and said rent shall be due and payable annually in installments of one dollar ($1.00). The first installment of one dollar ($1.00) shall be paid at the time of the execution of this agreement and one dollar ($1.00) shall be due on the anniversary date for each of the next 9 years. 4. The premises and fixtures shall be used in connection with the Fountain Hills Community Theater activities, including but not limited to organizational activities, public cultural exhibitions and community events. The lessee shall not conduct or permit to be conducted any unlawful or hazardous activity upon the premises. The use of the premises by the lessee is and will continue to be subject to all applicable laws and regulations of the state avid the Town. The Town shall have the right to reasonable use of the premises without cost or obligation. The use of the building and equipment by the Town shall be in such a manner so as the purpose and intent of the agreement are not compromised. The Town shall not reserve the use of the building, unless it is in connection with specific events or specific scheduled programs. Should a dispute occur regarding the amount of use of the facility by the Town or its lack of availability by FHCT then the Town Manager and the President of FHCT shall meet and work together to resolve all disputes. 5. Lessee shall be responsible for scheduling public and private uses of the facilities and arranging for access to the facilities. Lessee may adopt reasonable rules and regulations with respect to such uses including reasonable fees for such use. Lessee in adopting such fees may exempt itself and other non for profit organizations from such fees and/or charges. Lessee understands and agrees that the leasing of the premises is an event for which tax may be applicable and Lessee is responsible for the collection and payment of said tax. 6. a. Lessor shall be responsible for major maintenance and repair of the premises. This may include, but shall not be limited to, all mechanical fixtures, including without limitation, water, heat and air conditioning. It is agreed that no fees for repairs, materials or work may be incurred on the lessor by the lessee without receiving prior written consent. b. Lessee shall be responsible for all minor and incidental maintenance and repair of the premises and its contents. This may include, but shall not be limited to interior painted surfaces, window glass, routine maintenance of plumbing and electrical fixtures. Should a dispute occur regarding which party shall be responsible for a repair made to the facility, then the Town Manager and the President of FHCT shall meet and work together to resolve all disputes. c. Lessee agrees that it will make no structural alterations or additions or expansions without having first obtained permission from the lessor and that all work thereon shall be performed in accordance with all applicable codes and building regula- tions. 7. Lessee shall at all times maintain general liability insurance in the amount of one million dollars ($1,000,000) with the Town listed as an additional insured. The insurance shall be placed with a company authorized to do business in the State of Arizona. The policy shall contain a provision that it will not be cancelled for any reason without 30 days notice to the Town of the intent of the insurance company to cancel the policy. Should fire or casualty destroy or impair the use of the structure or contents thereof, lessor and lessee acknowledge that all proceeds of insurance shall be used to rebuild or replace the structure or fixtures destroyed and that the parties shall work together to find funds if the proceeds of said insurance policy are not sufficient to completely replace or rebuild. In no event is it the intention of the parties to apply proceeds from any fire or casualty insurance claim toward anything other than replacement or rebuilding during the entire term of this agreement. Nothing herein shall prevent or constrain the lessee from requiring third persons or organizations authorized to use the facilities from obtaining the same or similar insurance. -2- 8. Lessee shall establish a policy for the use of spirituous liquors upon the premises but shall not be authorized to obtain a liquor license for the premises without the expressed written consent of the lessor. Use of the premises by organizations or individuals who have obtained a State of Arizona Special Events Liquor License shall also require adequate proof of liquor liability insurance, naming the lessor and the lessee as additional insureds. 9. Nothing contained in this leas+ lessee and/or any user of the premises from or town permits or approvals. management agreement shall exempt the obtaining any and all required state, county 10. Lessee shall maintain detailed financial records of all fees received for the use of the facilities and all expenditures made in the care and maintenance of the facilities and the payment of utilities. Lessor shall have the right to inspect those records during normal business hours with notice provided to lessee at least 72 hours in advance of the inspection. Lessor retains the right to have, at its own expense, an independent audit done of the records and the lessee shall cooperate by promptly furnishing all records and allowing access to all records in connection with the management of the premises. 11. Lessee shall not use nor permit uses upon the premises which could consti- tute waste on the premises, a public or private nuisance or any act which is unlawful in any manner. 12. Lessee shall be responsible for and pay all utilities including but not limited to water, gas, electric, and telephone and shall pay them in a timely manner. 13. Lessee shall be obligated and shall promptly pay any and all taxes and assessments levied against the lessee. 14. Lessee understands and agrees that none of the terms and conditions of this lease management agreement contemplate or imply the creation of an employer/ employee relation and that all employees, agents, contractors, subcontractors and volunteers of the lessee are independent contractors in terms of their relationship to the lessor Town. 15. Lessor and iossee agree and understand that each will indemnify and hold harmless the other from any claims or liabilities and expenses arising out of injury or death or damage to property that results in any way from the performance of this agree- ment or the acts or omissions of the other party and that this indemnification is in addition to the insurance requirements set forth herein. 16. Should either the lessor or lessee be in default in the performance of any of the obligations set forth herein, then the non -defaulting party may send notice to the -3- defaulting party, in writing, setting forth the condition of default and demanding that the default be cured within 90 days. Should the default not be cured within the 90 day period then the non -defaulting party may seek any remedy available in equity and/or law including but not limited to termination of this agreement. This default provision shall apply to the entire contract except the provisions regarding payment of insurance premiums and notice of cancellation. In the instance of all insurance required hereunder, the ability to cure shall be limited to 30 days and if the lessor is obligated to pay either a renewal or obtain additional insurance to replace cancelled insurance, the cost therein borne by the lessor shall become an immediate obligation of the lessee and shall be due and payable in full within 10 days of a receipt by the lessee of notice of payment by the lessor. 17. Lessor and lessee agree and acknowledge that in the event that this agreement terminates at the end of its full term, then the lessee will have no right to any compensation unless said compensation is specifically due to lessee at the termination. Should the agreement terminate for any reason prior to the end of the full term, then the parties shall meet and agree upon an amount of compensation, if any, due to the lessee or have its rights hereunder determined by a competent court of law. Should the premises or the contents thereof be partially or totally condemned for public purpose through the exercise of the power of eminent domain by anyone other than the lessor, the parties agree that the proceeds of the condemnation shall be divided in an equitable manner to be determined by agreement of the parties. 18. Failure of the lessor to insist upcn strict performance of the terms, condi- tions and covenants of this agreement shall not constitute or be construed as a waiver or relinquishment of the lessor's rights to thereafter enforce any such terms, conditions or covenants and that the same shall continue in full force and effect. 19. This agreement is not assignable by either party in whole or part without the expressed written consent of the other party. 20. Lessee understands, agrees and acknowledges that the term of this agree- ment is for 10 years but that the Town does not and cannot enter into an agreement that is constituted as debt for any period exceeding the current fiscal year of the Town. Any requirement by the Town that funds would be expended or obligations incurred in the nature of a debt must be approved in the annual operating budget of the Town as adopted by the Town Council according to law and any action by the lessee in any court of competent jurisdiction to require specific performance to pay any sums shall be barred by this agreement unless the sum was specifically authorized in the annual municipal operating budget. -4- 21. Whenever this agreement requires that notice be given to a party to the agreement, the notice shall be directed as follows: Lessor: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269 ATTENTION: Town Clerk Lessee: Fountain Hills Community Theater 17325 East Rand Drive Fountain Hills, Arizona 85268 ATTENTION: President 22. This agreement constitutes the entire agreement of the parties and can be modified but only in writing and approved in the same manner as this agreement was approved. In Witness whereof the parties have executed this agreement the day and date first above written. ATTEST: Cassie Hansen, Town Clerk TOWN OF FOUNTAIN HILLS a municipal corporation By: A� Jo rtutillo, Mayor FOUNTAIN HILLS COMMUNITY Theater, INC. By: Valerie Stasik, President -5- STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me by a person known to be the President of the Fountain Hills Community Theater, Inc. , OFFICIAL SEAL PETER B. PUTTERMAN N NOTARY PUBLIC—ARIZONA MARICOPA COUNTY • My comm. expires Dec. 31, 1996 p Notary Public My Commission Expires: Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 9-18-03 Submitting Department: Administation Contact Person: McGuire Consent:® Regular:❑ Requesting Action:❑ Tvne 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 Priority (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 approving a "CLOSING AGREEMENT" with CoxCom pertaining to a pending lawsuit filed by CoxCom against the State of Arizona and the Town of Fountain Hills in reference to disputed transaction privilege tax assessments for the period of July 1, 1994 through September 20, 1998. Staff Recommendation: Approve Fiscal Impact: Yes $750.00 (approximately) Purpose of Item and Background Information: The Town has been involved in a dispute with Cox regarding collection of sales tax with respect to cable guides and cable modems. Cox and the small number of cities involved in this dispute have reached an agreement, called the closing agreement, a copy of which is attached hereto for your reference. This agreement addresses only the issues involving the sale of cable guides and rental of cable modems and does not address any other disputes that Cox may be having with the Town and other Valley communities with respect to the collection of transaction privilege taxes in general. As you can see from the agreement, the amount of tax due was $1,027.84 with interest accumulated from the date due in the amount of $746.26. To that amount the Town levied an additional to $21,559.16 in penalties. The basic agreement is that Cox will (i) not continue to fight the municipalities over collection of this particular tax in exchange for the same municipalities waiving the penalties that each has assessed, (ii) prospectively begin paying such taxes by October 1, 2003 and (iii) pay the Town an amount equal to one-half the taxes and interest assessed. The Town Attorney was only recently informed that this agreement would need to be adopted prior to October 1, 2003, to avoid having to negotiate a further work -around agreement to accommodate the period from October 1 until such agreement would be passed and that is why it has been placed on the Spetember 18, 2003 Agenda. List All Attachments as Follows: Resolution 2003-62, agreement, and memo Type(s) of Presentation: None Signatures of Submitting Staff: Department H Town anager Budget Review (if item not budgeted or exceeds budget amount) 20401 North 29th Avenue Phoenix, AZ 85027 September 17, 2003 Andrew J. McGuire Jorden Bischoff McGuire & Rose, PLC 7272 East Indian School Road, Suite 205 Scottsdale, AZ 85251-0001 Dear Mr. McGuire: RECEIVED SEP 17 2003 Andrew J. McGuire, PC C Olt COMMUNICATIONS I have attached a CoxCom, Inc. executed settlement agreement for the Town of Fountain Hills for review and council action. If you have any questions, please continue to work directly with Nancy Pisaruk, Esq at Osborne Maledon, P.A. Her number is 602- 640-9341. Sincerely, I.-7 s Tony Setchel Controller CC: Nancy Pisaruk, Esq Osborne Maledon, P.A. CEI D SEP 17 2003 Andrew J. McGuire, PC CLOSING AGREEMENT The TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ("TOWN") and COXCOM, INC., a Delaware corporation doing business in Arizona ("TAXPAYER"), which holds Arizona transaction privilege tax license number 07-159547-R, enter into this Closing Agreement ("Agreement") for the purpose of settling TAXPAYER's liability under the transaction privilege tax assessment issued by the TOWN for transaction privilege tax, interest and penalties for the period July 1, 1994 through September 30, 1998, as amended (the "Assessment"; the foregoing period is the "Assessment Period"). In order to avoid the costs and risks of litigation, the parties have agreed to resolve the issues arising from the Assessment as outlined in this Agreement: 1. The Assessment delineates additional transaction privilege tax due collectively to the TOWN from TAXPAYER of One Thousand Twenty-seven Dollars and Eighty-four Cents ($1,027.84), plus interest collectively of Seven Hundred Forty-six Dollars and Twenty-six Cents ($746.26) calculated through September 30, 2003, and penalties collectively of Twenty-one Thousand Five Hundred Fifty-nine Dollars and Sixteen Cents ($21,559.16), for a total of Twenty-three Thousand Three Hundred Thirty-three Dollars and Twenty-six Cents ($23,333.26). 2. TAXPAYER agrees to pay one-half of the tax due under the Assessment and one- half of the accrued interest through the date of payment, in one lump sum payment of Eight Hundred Eighty-seven Dollars and Five Cents ($887.05) (such payment, plus any interest thereon, being referred to herein as the "Payment"), by delivery of a single check in that amount made payable to TOWN, and delivered to outside legal counsel for the TOWN, Larry Wulkan, not later than twenty (20) days after TAXPAYER is notified of execution of this Agreement by the Town, plus interest at Zero Dollars and Twenty-three Cents ($0.23) for each day after September 30, 2003, before TAXPAYER delivers the Payment to Larry Wulkan. 3. The TOWN agrees to accept the Payment in full satisfaction of TAXPAYER's liability under the Assessment for transaction privilege tax and interest for the Assessment Period and for accruing interest relating to the Assessment from October 1, 1998, through September 30, 2003. The TOWN specifically agrees to abate in full the penalties assessed. The TOWN further agrees in consideration of TAXPAYER's timely making the Payment that the Town will assess no transaction privilege tax, interest or penalties with respect to the period from October 1, 1998, through September 30, 2003 (the "Interim Period") on TAXPAYER's sales of cable television program guides ("Cable Guides") or on its sales and leases of computer cable modems ("Cable Modems"). 4. Prospectively, commencing October 1, 2003 (the "Commencement Date"), TAXPAYER agrees to report and pay all transaction privilege tax obligations on its sales of Cable Guides and on its sales and leases of Cable Modems, in accordance with the applicable provisions of the tax code of the TOWN and other applicable law as in effect from time to time, and subject to any offsets or credits to which TAXPAYER may be entitled under its specific license agreement with the TOWN. The TOWN understands and agrees that this agreement by TAXPAYER applies to and shall be implemented as to sales of Cable Guides and sales and leases of Cable Modems for which TAXPAYER issues bills to its customers, whether or not itemized, on and after the Commencement Date. 1 of 3 5. TAXPAYER's failure to make the Payment in full in a timely manner shall constitute a material breach of this Agreement, and upon such failure the TOWN shall be entitled, upon demand, to collect the full balance of the amounts due under the Assessment, together with interest at the statutory rate and penalties, and to assess TAXPAYER for transaction privilege tax, interest and penalties with respect to the Interim Period on TAXPAYER's sales of Cable Guides and its sales and leases of Cable Modems (subject to any offsets or credits to which TAXPAYER may be entitled under its specific license agreement with the TOWN). In addition, the TOWN may, at its option, seek any legal remedy available for collection of such amount, including but not limited to levy and foreclosure of TAXPAYER's real and personal property. 6. The TOWN'S failure to take any action to which it is entitled shall not constitute a waiver of any right to do so in the event of any subsequent breach. 7. Except as provided in paragraph 8, the parties to this Agreement hereby mutually release each other from any and all claims, damages, assessments, and causes of action relating in any way to the Assessment. With respect to the remittance of any transaction privilege tax on TAXPAYER's sales of Cable Guides or sales or leases of Cable Modems during the Interim Period, TAXPAYER also agrees: (i) to waive any right to refund, (ii) not to assign to another any right to any such refund that it may have or otherwise allow another to seek any such refund on its behalf, and (iii) not to commence any new litigation. The parties shall cause their attorneys to file a stipulation to dismiss the proceeding now pending before the Arizona Tax Court in Case No. TX2002-000370 insofar as it applies to the Assessment, but not as to any other party to that proceeding or as to so much of that proceeding as pertains to any transaction privilege, county excise tax, or privilege license tax assessed on behalf of the State of Arizona, any county thereof, and any Town or town that is not a signatory to this Agreement. The stipulation for dismissal shall provide that each party will bear its own attorneys fees and court costs. 8. The release in paragraph 7 shall not apply to, or affect in any way, TAXPAYER's pending requests for refunds for transaction privilege taxes assessed or paid under the telecommunications classifications of the applicable tax codes of the TOWN. In addition, nothing in this Agreement shall in any way affect or impair (i) TAXPAYER's ability to argue that it may recover refunds, establish the right to credits, and avoid assessment of taxes in the future, by reason of the Arizona Supreme Court's decision in People's Choice TV Corp. v. Tucson, 46 P.3d 412 (Ariz. 2002) ("People's Choice"), or (ii) the TOWN'S ability to argue that People's Choice does not entitle TAXPAYER to recover refunds or avoid the assessment of taxes in the future, or that any portion of the refund sought by the TAXPAYER is barred by any applicable limitation period or other affirmative defense. 9. This Agreement shall not imply any TOWN policy or TAXPAYER acceptance of or agreement to any Town policy, except as expressly stated herein, with respect to the taxability or nontaxability of any activity under any tax, including any transaction privilege or privilege license tax imposed by any other Town or town or by the State of Arizona. 2 of 3 10. To the fullest extent allowed by law, the parties shall treat this Agreement as confidential. Except for the purpose of enforcing the provisions of this Agreement, this Agreement shall not be admissible in any other proceeding for any other period with respect to any other matter, including without limitation any pending or future refund claim or administrative or judicial proceeding of any kind concerning State or municipal transaction privilege or privilege license taxes. 11. This Agreement is final and conclusive except upon a showing of fraud, malfeasance or misrepresentation of material fact by TAXPAYER as it relates to the Assessment. 12. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their predecessors and successors in interest and their assigns. 13. No provision of this Agreement shall be waived or modified except in writing signed by TAXPAYER and the TOWN. 14. This Agreement represents the entire understanding of the parties; there are no other agreements or representations other than those contained herein. We sign this Agreement as fully authorized representatives of the respective parties. DATED: q�1b\03 COXCOM, INC., a Delaware corporation LIM Its: 3 of 3 DATED: '7 —19 -Z�' TOWN OF FOUNTAIN HILLS, an Arizona municipal 96ioratioi 1.2 ATTEST: J. Ni �dJ, Town Clerk — JORDEN BISCHOFF MCGUIRE & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: September 15, 2003 SUBJECT: CoxCom, Inc. ("Cox") 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 As you know, the Town has been involved in a dispute with Cox regarding collection of sales tax with respect to cable guides and cable modems. Cox and the small number of cities involved in this dispute have reached an agreement, called the closing agreement, a copy of which is attached hereto for your reference. This agreement addresses only the issues involving the sale of cable guides and rental of cable modems and does not address any other disputes that Cox may be having with the Town and other Valley communities with respect to the collection of transaction privilege taxes in general. As you can see from the agreement, the amount of tax due was $1,027.84 with interest accumulated from the date due in the amount of $746.26. To that amount the Town levied an additional to $21,559.16 in penalties. The basic agreement is that Cox will (i) not continue to fight the municipalities over collection of this particular tax in exchange for the same municipalities waiving the penalties that each has assessed, (ii) prospectively begin paying such taxes by October 1, 2003 and (iii) pay the Town an amount equal to one-half the taxes and interest assessed. I apologize for the late hour of this submittal. However, I have only been recently informed that this agreement will need to be adopted prior to October 1, 2003, to avoid having to negotiate a further work -around agreement to accommodate the period from October 1 until such agreement would be passed. As always, I will be available to answer any questions that you might have. 9196.013\Coxcom Memo.91503.doc RESOLUTION NO. 2003-62 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A "CLOSING AGREEMENT" WITH COXCOM PERTAINING TO A PENDING LAWSUIT FILED BY COXCOM AGAINST THE STATE OF ARIZONA AND THE TOWN OF FOUNTAIN HILLS IN REFERENCE TO DISPUTED TRANSACTION PRIVILEGE TAX ASSESSMENTS FOR THE PERIOD OF JULY 1, 1994 THROUGH SEPTEMBER 20, 1998. WHEREAS, CoxCom Inc. ("CoxCom"), has filed a lawsuit against the Town of Fountain Hills (the "Town") to contest assessed transaction privilege taxes from July 1, 1994 through September 20, 1998 (the "Litigation"); and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") has determined that a compromise of the Litigation is in the best interest of Town; and WHEREAS, the Town Council has determined that the benefits of future uncontested tax revenue related to the sale of television guides and rentals of cable modems outweigh waived back taxes and penalties; and WHEREAS, the Town Council and CoxCom have determined that a settlement is in the best interest of all concerned. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the closing agreement between the Town and CoxCom (the "Closing Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to (i) take all steps necessary to cause the execution of the Closing Agreement and all exhibits thereto and (ii) make the necessary language changes to the Closing Agreement which do not alter its substantive or essential terms. [SIGNATURES ON FOLLOWING PAGE] 9196.00]\Resolutions\ 2003-62 CoxCom Closing res.Q.doc 9-15-03-1 1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, September 18, 2003. FOR THE TOWN , F FOUNTAIN HILLS: �Z, W. J. Nich s, Ma REVIEWED BY: C -- L' Tim . is ering, Town Manager 9196.001\Resolutions\ 2003-62 CoxCom Closing res.v2.doc 9-15-03-1 2 ATTESTED TO: APPROVED AS TO FORM: 0",- 1 - J� 1� A Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 9/18/03 Contact Person: Denise Ruhling, Planner Requesting Action:® TVDe of Document Needing Ammoval (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 and Fill Waiver 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 CUT AND FILL WAIVER to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka, Final Plat Shadow Canyon @ Sunridge Canyon Lot I IA. Case Number CFW2003-05. Staff Recommendation: Approve Fiscal Impact: No Purpose of ItemandBackground Information: This is a request by Jim Scheller for a 6' cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are to accommodate a basement cut, main floor cut, and driveway. The basement cut is directly under the structure; the main floor cut is partially below the structure and the driveway cut is open. Please refer to Staff Report for additional information. List All Attachments as Follows: Staff Report, Site Plan, Narrative. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: 4440CCO—g Dafartment Head ' TowAUager / Designee Budget Review (if item not budgeted or exceeds budget amount) n TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: September 18, 2003 FR: Denise Ruhling, Planner RE: 14520 N. Quartz Court. Case Number CFW2003-05 Consideration of a cut and fill waiver to permit 16 foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court. Case Number CFW2003-05. DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Jim Scheller Jim Scheller "RI-35H PUD" Vacant Residential Lot 137,538 square feet or 3.16 acres SURROUNDING LAND USES AND ZONING: NORTH: Vacant Residential; zoned "RI-35H PUD" SOUTH: Existing Residential; zoned "RI-35H PUD" EAST: Vacant Residential; zoned "RI-35H PUD" WEST: Open Space; zoned "OSR" SUMMARY: This is a request by Jim Scheller for a 6' cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are to accommodate a basement cut, main floor cut, and driveway. The basement cut is directly under the structure; the main floor cut is partially below the structure and the driveway cut is open. EVALUATION: In June of 2002 a lot split was granted to form lots 11 & 12 into lot I IA as seen on submittal. This was done, in part, to allow a larger buildable area on the site while maintaining a large non - disturbance area. Scheller Cut Waiver CFW2003-05 The allowed disturbable area for this lot is 24,000 square feet. The development as shown would result in 23,888 square feet of disturbed area. The disturbance area includes a 8,069 square foot single-family residence (includes garage and patio), a 986 square foot guesthouse, pool, play area and driveway. The maximum height of building on this lot is 24' as required by the Homeowners Association. The proposed development meets this requirement. This submittal indicates three cuts in excess of the 10' maximum allowed by the Zoning Ordinance. The cut breakdowns for square footage and depth are as follows: 10-11 ft 11-12 ft 12-13 ft 13-14 ft 14-15 ft 15-16 ft Total Area Cut A - Basement 131 102 76 64 63 249 685 Cut B - Main Floor 250 238 198 177 207 0 1070 Cut C - Driveway 74 171 169 81 3 0 498 455 511 443 322 273 249 2253 Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) Reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of way. 2) Review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) Consider possible alternatives to the proposed plan that would conform to the ten foot maximum cut or fill. The basement cut and main floor cut are not visible from adjacent rights -of -way or properties. However, the driveway cut is visible from Quartz Court. Even if this driveway was moved to a different location it would be necessary to cut for access and this cut would be visible from Quartz Court. Staff discussed alternatives to the submitted plan with the applicant, applicant's architect and applicant's engineer to minimize or eliminate the cut waiver. It was staff's suggestion that the applicant move the design to the north by 50 feet, thus eliminating the requirement for the waiver on the basement and main floor. However, this movement results in excessive disturbance (1,817 square feet over the allowed, see attachment marked Option 2), an over height issue (35 feet instead of 24), and makes the house more obtrusive on the lot, thus more viewable from the surrounding rights -of -way and properties. As noted in the applicant's narrative, a considerable amount of time has gone into designing a site that is pleasing to the applicant, as well as surrounding properties, which will also meet all the requirements of the Town of Fountain Hills and the Homeowners Association. Page 2 of 3 Scheller Cut Waiver CFW2003-05 The Planning & Zoning Commission reviewed this application at their September 11, 2003, meeting and voted unanimously to recommend approval. No public input was given. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of a cut waiver to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka Final Plat Shadow Canyon @ Sunridge Canyon Lot 11A. Case Number CFW2003-05. Page 3 of 3 0J� The Town of Fountain Hills PBA 1. Q? 1� DEVELOPMENT DEPARTMENT Case Ma alger: Only COMMUNITY DEVELO ao bo Fountain Hills, Arizona s APPLICATION'`.: Area Specific Plan or Change Preliminary Plat General Plan Amendment - Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: -r_L;+ %(- II U 1,. PROJECT NAME Mrs. Applicant: Mr. Day Phone Ms. Address: 3i AJ° s+ �o� City: f '"� State: Zip: S� Mrs Mr. Ms. Owner Address: 5 C4w 1 Day Phone City: State: Zip; If application is being submitted by someone other than Me owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of DATE TO FILE THIS APPLICATION. 20 Notary Public My Commission Expires r i ING DATE: . FEE PAID: } C AC �., (See Fee Schedule) _ J Application TOWN OF FOUNTAIN HILLS Page 2 of 7 J U N 0 6 2003 Case Number Vq 1 1) ry l PS.a " The Town of Fountain Hills LEGAL DESCRIPTION Plat Name -- Block Lot PROPERTY ADDRESS S Zb �, t -+h (�, ,«� t-- � j � -f - PARCEL SIZE (Acres)-- -, • Z S NUMBER OF UNITS PROPOSED EXISTING ZONING: 1 \ � -�55 H Application Page 3 of 7 ASSESSOR PARCEL NUMBER -Z - 06 9 TRACTS PROPOSED ZONING --_ Case Number <--SS—. fry,un O6I—. — u� �o �''l \vzi',zS•E A ♦ A y i \ \ \ ! / �t aw= ra�o A?iji 94 96/ ,p og % N Im��o�oe O Z caa�r O —3 e1 uawuoy"I MO TGOMEW �. .y - 16716 E. PARKVIEW AVE. SUITE 204 FOUNTAINHILLS, ARIIZO es�8eeee a —moil: dmontgomery10gwest.nat oraxtnuNc s jSHADOW SCHELLER RESIDENCE CANYON @ SUNRIDGE KSM ROM 4—zs-zooz DRM 7 CANYON LOT 11A QUARTZ COURT AS Norm SITE CLAN n.n crsoevno•. 0 Ll d F\;r.dp• aS. � I'a T'65� 5 �� J�J__• I g Yic \ \ 3 10 \ z ro ' '.ado. ileF a�- l�e�R i" SCHELLER RESIDENCE _ 4JN I L]LIML�Y -! —} --- Ci {' f 1 E ENGINEENMG A MANAGEMENT Ll C l -- J SF.:��C1N Av �. (` �. _('I'flriC I 1_ ki _./N Ij. r. A K 1' E - rL 0. o - CANYON U)T 1 + "aa_ _rE_ rO"Ij L a:zC... asaee �_ rr) Ie. (gee 83 8R P \ CUART—, COJR I _ I -an 0 0 0 0 N --- lc\117 0 T T T T— ,N U) -W O J o o (.0 r,.-- q* d' N . d' T T r NON LO 00 � N co O d' d' O O C0 CO I� r- C0 o6 coIT- 1.6 0 U cz O^ u d- ,,:1-0LO0 00'O O CO (.0 0) O tt- rl-_ 0') IN 0 o0 I.. r (:5 CY) LO d- LO i 0 Cz U 0 NM 00 i i i 0010 c C: C: cI U 0 .0 cz CO 00 TM 00 Cz U 0 cz m U 0 0 cz CM 00 IT— Q _ 0) m m W a a Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 9/18/03 Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® 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 Priority "(Check Annropriate 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: PUBLIC HEARING for, and CONSIDERATION of a SPECIAL USE PERMIT to allow the dispensing and on site consumption of alcoholic beverages located at 14825 Shea Blvd., #107 (Charmian). Case Number SU2003-08. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of a Special Use Permit that would allow alcoholic beverages to be dispensed and consumed on the premises of the future "Charmian" Restaurant and Wine Bar. The Planning and Zoning Commission will hold a public hearing and consider this request on September 11, 2003, after the production of the Town Council Packets. Staff recomends approval of this request, the Planning and Zoning Commission recomendation will be distributed to each Council Member no later than Monday, Sept. 15, 2003. List All Attachments as Follows: Staff Report; Application & Floor Plan Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D artment He .� r 4w Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS err. PLANNING & ZONING COMMISSION AND STAFF TOWN COUNCIL MEMO ,%W TO: The Honorable Mayor and Town Council DT: September 10, 2003 FR: Dana Burkhardt, Senior Planner ` RE: SU2003-08; Request for on -site alcohol beverage dispensing and consumption. LOCATION: Southeast corner of Eagle Mountain Parkway and Shea Blvd., Building `B", Suite #107 REQUEST: Consideration of a Special Use Permit that would allow alcohol beverage dispensing and consumption for "Charmian" restaurant. DESCRIPTION: APPLICANT: Charmian Godfrey OWNER: EM SHOPDEVCO LLC EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning District EXISTING CONDITION: Building shell has an approved final inspection UNIT SIZE: 1,180 square feet SURROUNDING LAND USES AND ZONING: NORTH: Shea Blvd and Crestview Subdivision; zoned "R1-43 & M-1" SOUTH: Open Space and Eagle Mountain Golf Course; zoned "OSR". EAST: Parking lot and Eagle Mountain G.C. Driving Range; zoned "OSR". WEST: Eagle Mountain Golf Course; zoned "OSR". SUMMARY: This request is for approval of a Special Use Permit that would allow alcoholic beverages to be dispensed and consumed on the premises of the future "Charmian" Restaurant and Wine Bar. Initially, the applicant requested an outdoor seating area and has since withdrawn that portion of this special use request. The alcoholic beverage sales and dispensing request is for Suite #107 only, as illustrated in the site plan attached. The proposed restaurant provides one room for dining, a storage and food preparation area, and a separate room for the wine bar facility. EVALUATION: Pursuant to Section 12.04(A) of the Town of Fountain Hills Zoning Ordinance, alcoholic beverage sales and dispensing are permitted in the "C-l" Neighborhood Commercial and ,,, Professional Zoning District with an approved Special Use Permit. In the "C-1" Zoning District, the hours of operation are allowed between 7 a.m. and 11 p.m., unless otherwise approved by separate special use permit. Staff has not received public input on this special use request. Staff does not foresee any adverse impacts of this special use request on the adjacent properties. The Planning and Zoning Commission will hold a public hearing and discuss this request on September 11, 2003, after the production of the town Council Packets. Staff recomends approval of this request, the Planning and Zoning Commission recomendation will be distributed to each Council Member no later than Monday, Sept. 15, 2003. RECOMMENDATION: The Staff recommends approval of SU2003-08, a special use request to permit alcoholic beverage sales and dispensing for Shops `B", Suite 107, with the following stipulation: 1) Outdoor seating is not a part of this request. Approval of this Special Use does not restrict the applicant's ability to request outdoor seating at a future time. The -Own of Fountain J Hills PBA 1'p2 COMMUNITY DEVELOPMENT DEPARTMENT For mUse Only Fountain Hills, Arizona I ar)a Case Manager. Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: PR03EC7 NAME APPLICATION'- Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment 14i(cq 14f �5 S#ro Mrs. Applicant:- i In t"h�� ` � � �1 (cc I. 11Y � Mr. y Phong r; Z" Z (l o "� y S-E �� �:� _ Ms. Address —� �� C � : 1 `> 0 may.-'i'L J '�j I State: I Z Zip:Z (�� Mrs. Owner: ��'��` l }1 i ,� ��� .I , Mr._ - Day Phon Ms.- Address: I L L y c J, City: Z , l � State. zip. If application is being submitted by someone other than the owner of die ro must be completed, p perty under coft derabon, the section below i SIGNATURE OF OWNER `"�"` ` �` - C' , DATE S I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this ----- day of 20 - Notary Public MY Commission Expires %S'eda FILING DATE: 5-C `` — FEE PAID; ACCEPTED BY: (See Fee Schedule) AQWcation Page 2 of 7 :-= Case Number = Specified Use CHARNHAN will be a very high end, exclusive one table restaurant featuring cutting edge cuisine, World class wine list, -and superior service. Attached will be its wine bar with a separate food menu featuring light, extremely approachable faze. The most extensive wine list of any wine bar in the Valley. The eatery will be the most sophisticated in Fountain Hills and among the best in the Southwest. The patio area will have up to five very attractive, costly "pub" style tables. No entertainment will be offered on the patio. t' SEP-05-2003 03:53 AM P.01 Cf->ARMIA1V DINING WON 298Z East Shea Btvd � Fbuntstn HNIs, AZ enlge tl:cc•u��c,��ruupta`nts•».cum ............................................................... September 4, 2003 Dear Dana, Per your request please allow this letter to serve as notice of our intention to withdrawal our patio seating request for Charmian at 14825 E Shea Blvd #107. Thank your for your continued assistance with this process. H I 37 20w3 FI, I*ftw )-476 .o-. I .0-,£ 0-,BI s� - N � CD a J U v I 0 I 0 N -.' (n o I a U C U i o> o rn o 0 I �o cq 1 m a I I N I J � I U I I U a I I� m I y ;, M / / � M i • � y ! OWN - a .ZL N Q m � mp2 o ' I Qom - FJ Woo b am o ^ 71 n Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 9/18/03 Contact Person: Tom Ward/Dana Burkhrdt Requesting Action:® TvneofDocument Needinn Annroval (Check all that at)tnl ❑ 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 Aaoronriate 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 Charmian located at 14825 E. Shea Blvd.. #107. 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 Maricopa County Sheriffs Office based on a 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, Sheriffs Office memo, application front page Type(s) of Presentation: Signatures of SubmittinjZ Staff: partment Heacr 71��4 9/D •v3 Tow a ager 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: September 3, 2003 FR: Tom Ward Director of Public W s RE: Charmian Liquor License Application FIN Charmian Godfrey is requesting Council approval of a new Class 12 liquor license for Charmian located at 14825 E. Shea Blvd., #107. 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 Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. The applicant has a Fountain Hills business license on file. Based on statutory compliance and a favorable recommendation from the Sheriff's Office, staff recommends approval. \\earth\BBrannon\Liquor Licenses\Staff Memos\Charrnian's Liquor License Application.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward DIRECTOR OF PUBLIC WORKS FOUNTAIN HILLS Subject: Liquor License — Charmian Memorandum From: Galen Reifschneider #960 ADMIN./COMMUNITY RELATIONS DEPUTY � Date: August 29, 2002 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Charmian located at 14825 East Shea Blvd. #107. 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 statues 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 applicant, Charmian Godfrey is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for this party. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 l Tucson AZ 85701-1352 (602) 542-5141 4 DL L V20) 628-6595 APPLICATION FOR LIQUOR AWE21 P 3: 01 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders Officers or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or proN ide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION I This application is for a: . PP o SECTION .. Type of ownership: ❑ INTERIM PERMIT Complete Section S ER ❑ J.T.W.R.O.S. Complete Section 6r� S�l�lJ3 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 aINDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, IS, 16, 17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, IS, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DNORCE DECREE Cl GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 T3'pe of license and fees: LICENSE #: 12. 1, Type of License: y - t4 4-- 2, Total fees attached: $ ) G 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) Mr. f 1. Applicant/Agent's Name: Ms. (insert one name ONLY to appear on license) 2. Corp. /Partnership/L. L. C.: (Exactly as it appears on Articles of Inc. or Articles of Org.) n Middle 3. Business Name: _ A { m o,n (Exactly as it appears on the exterior Apreses) J tl / 4. Business Address: 1 r� lam / f �/ .-l���j' �rj -2-(S1 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (.�U ) S 2 u - i 1 7_ 3 Residence Phone: 6. Is the business located within the incorporated limits oftheabove city or town? AYES ONO Mailing Address: J,Z S %12 e,y r]a�% Enter the amount paid for a 06, 07, or 09 license: $ Accepted by: r� Fees: ) O Application Interim Permit A,e,1G6 City state (Price of License ONL1� On, ' j Zcp Zip DEPARn,1EN7 USE ONLY/n �f u Date: �� Lic. # Agent Change Club F. Prints TOTAL t -1 "I-AIiUn'D l.hriLZ AJWKUT AV, lY.L1 7U 1)AYh, ANll t)t-FLN HE-SULT IN A U)NGEli Ii'Artilg(, 1't:{UOD. YOUARE CALrr10NE1) krcA u)1N(; PLANS FOR A CRNNU OVENLNG, E`T'C, BER)RE FINAL A1'I ROYAL AND ISSUANCE OF TIM LICUSSE. LIC 0100IIeuoo *Disabled individuals requirin- special accommodation, please call (602) 542-9027. CTION S Interim Permit: If you intend to operate business while your application is pending you jeQ an Inte ermit pursuant to A.R.S. 4-203.01. There MUST be a valid license of the same type you are applying for currently ' ed to the location. Enter the lic a number currently at the location. 1003 MAR P 3-- 0 1 . Is the license current y I YES ❑ NO If no, how to as it been out of use? TA THE LICENSE CURRENTLY ISSUED A ON TO THIS APPLICATION. ,declare that I am NT LICENSEE of the stated license and (Print full name) ttion ve read this pplicat n ontents and all statements are true, correct and complete. State of County o The foregoing instrument was acknowle d before me this (Si cure day of Day of Month Month Year cotnmtsslon xp es on: (Signature of NOTARY PUBLIC) MON 6 IndivRdual or Partnership Owners: :H PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Individual: K First Middle % Owned Residence Address City State Zip L=vahS P-:,A 'artnership Name: (Only the first partner listed will appear on license) !ral-Limited Last First MiAtil. M r)— l P ";'i'— A A.i— --�r J ❑ 0, s 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 COMTLETED FORM "LIC0101", AN "APPLICANT" nTE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, S, 6, 7, 8. DLL C ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement: 1.. Name of Corporation/L.L.C.: ZOO] MAR 2 I P 3- n I (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: 3. AZ Corporation Commission File No.: State where Incorporated/Organized: Date authorized to do business in AZ: 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ONO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: + uic nes,aeoce Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10 % or more: First Middle ro Owned Residence Address City State Frt % %a (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMITT A COMPLETED FORM "L1C0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: Date Chartered: (Auacb a copy of Club Charter) 3. List officer and directors: Lan First Middle Title Residence Address City State Zip (ATTACH ADDITIUN.=.L SHEET IF NECESSARY) ,CTION 9 Probate, Will Assignment or Divorce Decree of an existing, Bar or Liquor Store: Current Licensee's Name: ictly as it appears on license) Last First Middle Assignee's Name: Q� r Last License Type: License Number: + r%HN 2.1 Date of Last Renewal: ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROB2T]g PISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. %CTION 10 Government: (for cities, towns,. or counties only) Person to administer this license: First Assignee's Name Middle Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PRENIUSES FROM WMCH SPIRITUOUS LIQUOR IS SERVED -CTION 11 Person to Person Transfer: estions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). Current Licensee's Name: Entity: tctly as it appears on license) Last First Middle . (lndiv., Agent, etc.) Corporation/L.L.C. Name: (Exactly as it appears on license) Current Business Name: (Exactly as it appears on license) Current Business Address: _ License Type: License Number: Last Renewal Date: ;urrent Mailing Address (other than business): Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, 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 nade in this section are true, correct and complete. declare that I am the CURRENT LICENSEE of the stated license I have read this (Print full name) :cation and the contents and all statements are true, correct and complete. (Signature of CURRENT LICENSEE) c0mmtss)0n exnlres on: State of County of The foregoing instrument was aclmowledged before me this day of Day of Month Month Year (Sipiawre of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE, I. Trent Business Name and Address: ctiy as it appears on license) 1 2. New Business Name and Address: R 2P 3. 0! (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? 'What date do you plan to open? SECTION 13 Questions for all in -state applicants: Distance to nearest school: 170 ft. (Regardless of distance) Distance to nearest church: !� U (J U ft. (Regardless of distance) Name/Address of school: Name/Address of church: 3..� the: LESSEE ❑ SUBLESSEE ❑ OWNER 4. If the premises is leased give lessors name and address: �C✓n�c.,n�.11� Ci (� S( f1r�I I ❑ PURCHASER (of premises) VUn 'S , Z Sz �$ (� LLc IFsO 4a. Monthly reatal/lease rate What. is the remaining length of the lease? yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other �h.« , .� , t11,4 V„ ( (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10% of that sum? ❑ YES 9(.NO 1f yes, list below. Total must equal 100%. Last m i rlrll• 01 n-1 P.6Ann AM — (ATTACH ADDITIONAL SHEET IF NECESSARY) What type of business will this license be used for? (BE SPECIFIC) U � 5t_.\. � L \"> ; s� to Has a license, or a transfer license for the premises on this application been denied by the state within t] e past one (1) year? Ls ES�10 1f yes, attach explanation. any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES IZNO Is the premises currently licensed with a liquor license? ❑ YES 660 If yes', give license number and licensee's name: License n (Exactly as it appears on license) Name CTION 14 Restaurant, or Hotel -Motel Applicants: Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES &,'NO If yes, give licensee's name: and license Last First Middle ` If the answer to Question 1 is YES, you may qualify for an Interim Permit to AAW*U( ,Your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. f p 3- kh restaurant applicants must complete' a Restaurant Operation Plan (Form LIC0114) provided by the partment of Liquor. Do you understand that 40% of your annual gross revenue must be from food sales? ,YES ❑ NO CTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) heck ALL box,(e, s that apply to your licensed premises: Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows Under construction: estimated completion date P,estaurants and Hotel/AZotel applicants must explicitly depict kitchen equipment and dining facilities. the diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Jive the square footage or outside dimensions of the licensed premises. )0 NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. /G 1 �� I L r=+ rn tnj nx r Y Y � y ` KAAt h s� Lt1 C� U MUST NOTIFY THE DEPARTN'IENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, TI�-4NCES. EATS, OR SERVICE I1-INDOWS n24DE AFTER SUBMISSION OF THIS DIAGRAM?. 9 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'L,st below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. ZOO] MAC 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A Your business name and identif}, cross streets. SECTION 17 Signature Block: declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), malting this (Print name of APPLICANT/AGENT listed in Section 4 Question I) 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, fast, 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 own s, ers, mem rs, officers, dir ors or stockholders listed have been convicted of a felony in the past five (5) years. State of County of M&W� Lbori. X The foregoing instrument was acknowledged before me this (Signs e) i Day of Month � nth Year My commission expires on: W ARY PUBLIC) �t,:c KlM BIVIN3 Notary Public - Arizona res MAPACOPA COUNTY My ConurAssion2006 SAMPLE GEOGRAPHICAL DATA the area adjacent to the map provided below indicates your proposed location d the exact names of all churches, schools, d alcoholic beverage outlets thin a 1/2 mile radius of your.proposed loc�{�'. ee.example below) - 1003 MAR 21 P 3. ' - Applicant Series 12 0( Pink Elephants Series 06 Mama's Rest. Series 12 Corner Liquors Series 09 Joe's Groceries Series 10.- Lions Club Series 14 Burgers R Us Series 07 Pizza Perfect Series 07 Billy Bobs Bar Series 06 St. Anthonys Church St. Anthonys School Burbank Middle School Mi. First United Baptist Church R.S. Section 4-207.A reads as follows: No retailers license shall be issued for any premises which are at the time e license application is received by the Director, within three hundred(300) rizontal feet of a church, within three hundred(300) horizontal feet of a blic or private school building with kindergarten programs or any of ades one through twelve (12). or within three 'hundred (300) horizontal et of a fenced recreational area adjacent to such school building. �itr# - oiklu9 Ysafc�! zeiiyx3 noiaakmmoo YM 800.3 ,V TBUGUA 6W 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 Zoo, MAR a t r, RESTAURANT OPERATION PLAN LICENSE # 1. List by Make_ Model and Canaciry of vnur FA 3. C! 5 31 Grill �' • I � .S n, s rc Oven O ve Freezer Refrigerator 1 ', Sunk Dish Washing Facilities can r f Food Preparation Counter (Dimensions) c1-,� b ►� !' e..T � , t! C,r !ovi Other 0 �p..�t/ Print the name of your restaurant: ( h r^ r M , G Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). List the seating capacity for: a. Restaurant area of your premises [ y C G ] b. Bar area of your premises C. Total area of your premises [ C L ] What type of dinnerware and utensils are utilized within your restaurant? S Reusable ❑ Disposable 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 3 y % ❑ No c "VVIn MIX t 7. What p centage, ofdj "tibii;,premises is used primarily for restaurant dining? (Does nQt include'klftc*,:'bar,'cocktail tables or game area.) q *Disabled individuals requiring special accommodations, please call the Department. Uc O114 05/1999 8. Does your restaurant Contain any games or television? ❑ Yes eNo (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) Q / 9. Do you have live entertainment or dancing? ❑ Yes �d 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. Went Qvl(Sek- w,nL -Se(Vt(t> — C—vr,k seyv; i-L t K n ✓. C e hereby declare that I am the APPLICANT filing this application. I have (Print full name) read is cation and the couten and all statements true, correct and complete. State of County of -na , u*, X The foregoing instrument was acknowledged before me this (Signature of AP ICANT) , .1J My commission expires on: �I i� m 114 • day of A Month (Signature of NOTARY PUBLIC) 10M SIVINS Notary Public -Arizona MARICOPA COUNTY My Commission Expires ' AUGUST 7, 2006 CHARMIAN • EAGLE MOUNTAIN SOUPS TORTILLA $4.50 (S) A SOUTHWEST TRADITION WITH A CAVE TWIST. WILD MUSHROOM $4.75 PORTABELLA, SHIITAKE, OYSTER MUSHROOMS IN A LIGHT CURRIED BROTH WITH ANGEL HAIR PASTA CHILLED BED BELL PEPPER $3.95 ROASTED RED BELL PEPPERS, FRESH TOMATO, SEASONINGS AND A TOUCH OF CREAM SANDWICHES • POUND CREATIONS YOUR OWN CREATIONI $6.75 CHOOSE ANY OR ALL OF THE FOLLOWING: ROASTED TURKEY, BAKED MAX, BOAST BEEF, AND SALAMI_ PEPPER JACK, CHEDDAR, AMERICAN, SWISS, BLED, PROVOLONE. MAYO, BASIL MAYO, PEPPERCIIITI, JALAPENO, HABERNERO, RED ! WHITE ONION, MUSHROOMS, TOMATO, PICKLES, SPROUTS, CUCUMBER, ICEBERG LETTUCE, ROMAIWE LETTUCE, SU"BIED TOMATOES, HOT PEPPER JELLY, ROASTED BELL PEPPER, HORSERADISH MUSTARD, GREY POUPON, JALAPENO MUSTARD, DRESSINGS CAJUN TURKEY $7.50 OVEN ROASTED TURKEY BREAST, ANDOUILLE SAUSAGE, CARAMELIZED RED ONION, OVEN DRIED TOMATOES, REMOULADE SAUCE ON SOFT FRENCH BREAD. CAJUN CHICKEN SALAD $5.95 (S) CHICKEN BREAST SAUT$ED IN CAJUN SPICES AND TOSSED IN A LIGHT DRESSING. SERVED ON FRENCH BREAD WITH PEPPER JACK. ASIAN FLANK STEAK $7_25 LEAN FLANK STEAK MARINATED IN A SOY -ROSEMARY MIXTURE WITH GARLIC AND SPICES. OFFERED ON FRENCH BREAD WITH HOUSE -MADE HORSERADISH SAUCE. SHRIMP PO'BOY $7.75 FRESH SHRIMP TOSSED WITH OUR NEW ORLEANS STYLE REMOULADE SAUCE. SERVED ON FRESH FRENCH BREAD WITH VINE RIPE TOMATOES AND LETTUCE SALADS OTHER ITEMS CHEESE TRAY $12 IMPORTED AND DOMESTIC CHEESE, SEASONAL FRUIT, WARM BREAD, SPICED MUSTARD STUFFED PORTABELLA $6.95 PORTABELLA STUFFED WITH SAUT$ED ARTICHOKE AND ROMA TOMATO WITH GORGONZOLA WILD MUSHROOM PENNE $7.75 PENNE TOSSED IN A WILD MUSHROOM CREAM SAUCE WITH SPINACH AND PARMESAN WELCOME TO CHARMIAN. WE ARE DELIGHTED THAT YOU HAVE CHOSEN TO BE HERE ANH LOOK FORWARD TO REGULARLY EXCEEDING YOUR EXPECTATIONS. ALL OF OUR ITEMS ARE PREPARED FRESH AND TO ORDER EVERY TIl[E. ALL CREATIONS CAN BE MADE FIERY HOT UPON REQUEST. -PLEASE LET US KNOW OF ANY SPECIAL REQUESTS OR NEEDS. WE WILL BE HAPPY TO ACCOMMODATE YOU. (S)-MILDLY SPICY (SS)- VERY SPICY (S")- FIERY HOT CHARMIAN • EAGLE MOUNTAIN YOUR OWN CREATIONI s6_75 STUFFED FRENCH BREAD CHOOSE FROM ANY OR ALL OF (OUR VERSION OF GOURMET THE FOLLOWING: PIZZA) ROMAINE OR ICEBERG BUFFALO S5_75 (S) OVEN ROASTED TURKEY, BAYED CHICKEN BREAST TOSSED IN HAM, BOAST BEEF, SALAMI, MILD, HOT OR RIDICULOUS HOT CHEDDAR, SWISS, PEPPER SAUCE_ PLACED ON FRENCH JACK, AMERICAN, PROVOLONE, BREAD AND TOPPED WITH COOL BOILED EGGS, CROUTONS, BLEU CHEESE AND BAYED_ SPROUTS, RED AND GREEN BELL PEPPERS, RED & WHITE ONION, WILD MUSHROOM $6.25 MUSHROOMS, TOMATO, SAUT$ED PORTABELLA, OYSTER, JALAPENO, HABERNERO, SHIITAKE MUSHROOMS WITH SUNDRIED TOMATOES, GORGONZOLA CUCUMBER. HOUSE -MADE DRESSINGS: BLEU CHEESE, SOUTHWESTERN S6_50 (SSS) ITAIIAN, RANCH, VODKA -BASIL, SAUTIRED RED & GREEN RASPBERRY VINAIGRETTE JALAPENO, BABERNERO, THE CAESAR *5_00 NON-TRADITIONAL CAESAR PREPARED WITH A LEMON- DIJON BASE AND MILD CAJUN SPICES. ADD CHICKEN FOR A BUCK FIFTY, FLANK STEAK FOR TWO BUCKS CHARMLAN SALAD t5.25 BABY RED LETTUCE, PAN SEARED EGGPLANT, ROASTED BED BELL PEPPERS, RASPBERRY VINAIGRETTE WARM SCALLOP SALAD $8.75 (S) LARGE SEA SCALLOPS SEASONED AND BAKED. PLACE ATOP FRESH SPINACH LEAVED AND TOPPED WITH BASIL FETA CHEESE AND SUNDRIFED TOMATOES. REWARDED WITH A PEPPER INFUSED OIL AND APPLE CIDER VINEGAR, SERRANO, BELL PEPPERS, ONION, CILANTRO AND CHICKEN WITH PEPPER JACK OTHER ITEMS CHEESE TRAY $12 IMPORTED AND DOMESTIC CHEESE, SEASONAL FRUIT, WARM BREAD, SPICED MUSTARD STUFFED PORTABELLA $6_95 PORTABELLA STUFFED WITH SAUTIED ARTICHOKE ANH ROMA TOMATO WITH GORGONZOLA WILD MUSHROOM PENNE $7.75 PENNE TOSSED IN A WILD MUSHROOM CREAM SAUCE WITH SPINACH AND PARMESAN WELCOME TO CHARMIAN. WE ARE DELIGHTED THAT YOU HAVE CHOSEN TO BE HERE AND LOOK FORWARD TO REGULARLY EXCEEDING YOUR EXPECTATIONS. ALL OF OUR ITEMS ARE PREPARED FRESH AND TO ORDER EVERY TIME. ALL CREATIONS CAN BE MADE FIERY HOT UPON BEQUEST. PLEASE LET US KNOW OF ANY SPECIAL REQUESTS OR NEEDS. WE WILL BE HAPPY TO ACCOMMODATE YOU. (S)-MILDLY SPICY (SS)- VERY SPICY (SSS)- FIERY HOT 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 L C (520) 628-6595 HOTEL -MOTEL AND RECORDS REQUIRED FOR AUDIT OF SERIES -ill & #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 2, 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) 2- B I W.1cReturn - city, state and federal (copies) Bn9shA •• g'nQ bo ks, records, schedules or documents used in preparation of tax 1 7 wUi.i;Qq R��i; b zeliQX3 ft4�:'_:3it3 1�1i1�D i L I 013 W409T T2UOUA : ' 12. Payroll Records X A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) D LLC C. Employee time cards (actualdocument used to sign in and out each work day) M) HAR 21 D. Payroll records for all employees showing a**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: "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. ...O� 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): Lr(iPA r�t./ ! Gi1rM First Middle have read and fully understand all aspects of this statement. . State of &I uma Countyof lm ag l The foregoing instrument was acknowledged before me this X _LJ�5day of NAYA,, (Signature of Licensee/Agent) Day of Month Month Year My commission Expires on: Day of Mo16 Month Year (Signature of NOTARY PUBLIC) Notary FNAft - MARIOOPIA CC My Commission AUGUST 7. ARIZONA DEPAWMIENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 ESTIONNAIRE V �400 W/85701-1352 s Tucson (52595\� J Attention ail Local Governing Bodies: Social Security" Birthdate Information is Confidential. This information may bl n'to local law enforcement agencies for the po$ f background checks only but must be blocked to be unreadable prior to in fF § 1 Kany public view. Read Cart fully , tl�is ins% u ent is a An ectensiye tnve$tt tlon o ypur �ac-�karotlnt m crunin?prosecution and tie den iirn'ocument. Type gr prim with black ink ill b conducted. False or taco p ete answers, could result or subsequent revocation of a tense or permit. TO BE COMPLETED BY EACH OWNER. AGENT, PARTNER, STOCKHOLDER (10% OR MORE, NLEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. / There is a 524.00 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) (If the location is currently licensed) 1. Check I NOwner appropriate ❑ Other box L 2. Name: Lulk,'{� Last []Stockholder []Member ❑Oti (Complete Questions gent must comolete # 25 for a M� Agent ❑ Manager(Only) 24) Complete All Questions ercept # 14, 14a & 2S) Licensee or Agent must comolete # 25 :E-- Date of Birth: k - 2 S - 51 Middle ('Phis Will Not Become a Part of Public Records) 3 . Social Security Number: 5 - 5 - ? 6 ( Drivers License #: ) S f S 3 U -) 0 -2 State: A L ('This 'Will Not Become a Part of Public Records) 4 . Place of Birth: " �,.� !�► lv + n Height: Weight: 13 U Eyes: Z4Hair: n City State unt county) 5. Marital Status ❑Single ❑Married Divorced Widowed Residence (Home) Phone: O - /i 5. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? f . 2d 5 If Arizona; date. of residency:' 8 Telephone number to contact you during business hours for any questions regarding this document. 213 -_L Y0 9. If you have been a resident less than three (3) months, submit a copy of driver'slicense or voter registration card. 10. Name of Licensed Premises: Con -. 4^ „ t _ Premises Phone 11. Licensed Premises Address: ' `I �S L- S� Qck- 1 0 Street Addre (Do not use PO Box #) City County (Ykp ) o'-/- ) / Z 3 AW-r c4el- ?S-Z-L ? Zip 12. List Your emolovment or tune of business durina the oast five (5) vears if unemnloved nart of the time. list those dares T.ict mnat rrrent 1 ct_ FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS _ EN(t'I,O='S NANIE OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT 777- `'AL if vi Sgus -1 S E ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate Your residence address fnr the la-er five (5) vears- FROM MoaWYear TO Month/Year Rent or Own RESIDENCE Street Address If tented, attach additional sheet goy' o name, address and hone number of landlord City State Zi 5 Q CURRENT ►� I U U t'� S V c, n a/. ) S C /�,' A, ye4 � LIC 1 I ,ca a n v ��" c rnnninno cnPr,n nern-tinfinnq n nncn rn 1 - If you checked the Mann er box on the front of this form skip to # 15 . 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into A LoCViolation of ANY law or ❑ YES ordinance (regardless of the disposition even if dismissed or expungeCO3 For traffic violations, include only those that were alcohol and/or drub related. ((�� 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail. impnsorgd had sentence ❑ YES f%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 drue related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES *0 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 1(V0 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 fled suit or obtained a iudement against you in a civil action, the subject of which ❑ YES NO involved fraud or misrepresentation of a business, professional or liquor license? (190Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, -or manage on an other uor license in this or an other state? �_ y �— Y AS* If any ansiver to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES [�! If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management.of this business? ❑ YES ❑ NO If "yes", attach.a copy of such agreement 24. I, _( G f m , l J /�. y , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of 4pLicuW I have ea ' qu to aire and the contents and all statements are true, correct and complete. State of County of Y The foregoing instrumentma acknowledged before me this (Signs ' e f P IM BIVINS I can �_da ofrC,l� otary Public -Arizona Y MARICOPA COUNTY Dar oc Month Moa[h Year My Commission Expires 1 �/1 /1 6WV0 My commission expires n: ' »� • AU(3ll. T7 9AAR /Jf . TA V l (Signature of FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR XGENT APPROVING A NIANAGER APPLICATION Licensee or Agent Approval of Manager 25. 1, (Print Licensee/Agent's Name) - Last. Middle First Hereby authorize the applicant to act as manager for the named liquor license. (Signature of LICENSMAGENT My commission expires on: Day of Month Month Year State of I County of The foregoing instrument was acknowledged before mt.wd day of Day of Maath .Month - Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION GPM/TOWN OF Fountain Hills COUNTY OF Marico STATE APPLICATION NO. 12075451 , ARIZONA. GMY/TOWN/Q0UNW NO. #105 ORDER NO. At a Regular meeting of the (Regular or Special) Town Council (Governing Body) of the QiWTown/GbVM Of Fountain Hills held on the lst day of 05 03 the (Day of Month) (Month) (Year) Application of Charmian Godfrey for a license to sell spirituous liquors at the premises described in Application No. 12075451 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Charmian Godfrey 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. IONYTOWN/02UWX CLERK DATED AT Fountain Hills This_ r___ _day ofo (Day of month) (Month) (Year) . Disabled individuals requiring special accommodations please call the Department iic 1007 oaa1997 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 04 / 04 / 03 Date of Posting Removal: 04 / 24 / 03 Applicant Name: Godfrey Charmian I,St First Middle Business Address: 14825 E. Shea Blvd. Fountain Hills 85268 Street city zip License #: 12075451 I hereby certify that pursuant to A.R.S. 1 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. Bevelvn J. Bender Print Name of City/Cointty Official Title Town Clerk (480) 837-2003 x. 115 Telephone # 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 U0119 03/1999 TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: September 15, 2003 FR: Dana Burkhardt, Senior Planner RE: Update to SU2003-08; Request for on - site alcohol beverage dispensing and consumption. The purpose of this memorandum is to provide the Town Council with the Planning and Zoning Commission's recommendation on the above referenced request. On September 11, 2003, the Planning and Zoning Commission voted unanimously to recommend the Town Council approve this request. The Planning Commission Chairman questioned the availability of parking for this site. The Town Council approved the Eagle Mountain Village Market Place in 2001, in conformance with the existing parking requirements for a planned shopping center under unified control. Staff or the property owner is not aware of existing parking problems at this site. The Planning and Zoning Commission and Staff recommend approval of SU2003-08, a special use request to permit alcoholic beverage sales and dispensing for Shops "B", Suite 107, with the following stipulation: 1) Outdoor seating is not a part of this request. Approval of this Special Use does not restrict the applicant's ability to request outdoor seating at a future time. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:❑ Regular:❑ Meeting Date: 9/18/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document_Needin2 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 Regular Agenda' Wording: Consideration of the FINAL PLAT for Parcel 10 at Eagles Nest, a 32 lot single family subdivision of 54.43 acres located in the central area of the Eagles Nest Final Plat, abutting the Dixie Mine Trailhead, Case#S2002-38. 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 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 10 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Letter from MCO Properties, dated September 3, 2003; Final Plat Reduction; Conceptual Sales/Info Center and Trailhead Parking plan. Type(s) of Presentation: N/A Signatures of Submitting Staff: N' -o 3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS ,,. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO `l TO: Honorable Mayor and Town Council DT: September 10, 2003 FR: Dana Burkhardt, Senior Planner RE: S2002-38; Final Plat "Eagles Nest Parcel 10", a 32 lot, four -tract subdivision. LOCATION: The central portion of the Eagles Nest Master Plat, abutting the southern boundary of Mountain Parkway and the Eagles Nest gated entry. REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 10, a 32 lot, four -tract single-family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R1-43" Zoning District Undeveloped land 54.43 acres SURROUNDING LAND USES AND ZONING: NORTH: Mountain Parkway and Eagles Nest Parcel 9; zoned "R1-43" SOUTH: Eagles Nest Parcel 11; zoned "R1-43" EAST: Single-family residences, Plat 515 Amended; zoned "R1-35" WEST: Eagles Nest Parcel 4; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Eagles Nest Parcel 10", a 32 lot, four -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 10, 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 maximum lot area proposed is 178,231 square feet, the minimum lot area will be 43,560 square feet, and the average proposed disturbance area for each lot is approximately 18,218 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. The applicant has requested a temporary use permit to modify the plat as drawn to provide a common area amenity tract, including a revised trailhead parking lot location (see the attached letter from Ben Dutton, of MCO Properties, Inc., dated September 3, 2003). In the event the temporary use permit is approved, the developer requests to revise Lot 9 as shown on the final plat, „� to a common amenity tract dedicated to the Property Owners Association. On that tract, the R developer proposes to develop a meeting pavilion for the Property Owners Association, the required public trailhead parking spaces, and public restrooms. The developer intends to utilize the amenity building for a master planned village information and sales staging center until the property is developed and the majority of the individual lots are sold. 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 10 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 request for the common amenity tract will reduce the total number of lots approved on the preliminary plat by one. The Town Council's approval of Parcel 6 on August 21, 2003, included one additional lot to compensate for the removal of Lot 9 from this final plat. In the event that the temporary use permit for the information and sales staging center is denied, lot nine will then become and open space tract of land. Per the Settlement Agreement, MCO Properties is still obligated to provide a minimum of 20 parking spaces at the trailhead. In the event that the temporary use permit is approved, the disturbance area for the construction of all private portions of the information and sales staging center (sales parking lot and the private pavilion building) will be deducted from the total allowed disturbance allocation established in the development agreement. Staff proposes the Town Council exempt the disturbance necessary for the public improvements on lot nine, including the disturbance necessary to construct the required minimum 20 public parking spaces and the areas designated for public access, such as restrooms. The disturbance necessary for the construction of the public parking spaces is exempt by the provisions of the Settlement Agreement. Staff roughly calculates that the disturbance area for the sales center/property owners association pavilion (non-exempt disturbance activities) will require approximately 20,000 square feet, which provides a total average of approximately 22,651.8 square feet per residential lot over the entire development. RECOMMENDATION: Staff recommends approval of S2002-38; Final Plat of "Eagles Nest Parcel 10", 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 Town review. 2) Comply with all Town improvement plan review and final plat 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 Lots 28 and 29 to provide 145' minimum lot width. 6) Revise Lot 14 to provide a minimum of 43,560 square feet as required. 7) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 8) Prior to final plat recordation, provide a re -vegetation plan, which identifies all previously disturbed areas on this parcel. 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) 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 and other planning purposes such as vehicular site lines; 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. 10) The Mountain parkway/Wildflower Lane loop roadway shall be in service prior to occupancy of homes on or south of Echo Point Drive (otherwise there would be more than 25 homes on a dead-end hillside local road). 11) A waterline loop connection (at the south end of Wildflower Lane, or elsewhere) shall be in service prior to occupancy of homes on or south of Echo Point Drive (or other approved restriction) to prevent more than 30 homes on a dead-end waterline. 12) State on the Plat: • Lot 27 of Fountain Hills Final Plat 515 Amended has the right to access and connect to the utilities in Tract A, at the east end of Four Peaks Court (otherwise that lot would be "landlocked"). • Show the "Potential Future Fire Station" which lies southeast of Lot 1, adjacent to this Plat. • Show vehicular sight easements where needed at intersections. 13) In the event that the temporary use permit for the information and sales center is approved, the disturbance area for the construction of all private portions of the information and sales center will be deducted from the total allowed lot disturbance established in the Settlement Agreement. The Town Council shall exempt the disturbance necessary for the public improvements on lot nine, including the disturbance necessary to construct the required minimum 20 public parking spaces and the areas required for public access, including public restrooms. The disturbance necessary for the construction of the public parking spaces is exempt pursuant to the provisions of the Settlement Agreement. 14) In the event that a temporary use permit is approved, provide a notation on the final plat cover stating that occupancy permits will not be issued for lots 10, 20, and 21, until the temporary use permit for the information and sales staging activity is permanently terminated. The applicant shall also provide a hillside protection easement over all undisturbed areas of the amenity tract, and revise the final plat to include the appropriate public access easements and dedications to the Town's satisfaction. The developer shall also replat the Mountain Parkway roadway alignment to be consistent with the revised trailhead and gatehouse plans. In the event the temporary use permit is denied, lot nine shall be platted as an open space tract. MC DOWELL MOUNTA — �� ��'�� PURLIC PEDESTRI BICYCLE 1-' - I AND MAINTENAN VEHICLE INGRESS/ EASEMENT AT 63' `- �. %P A R'CIE L 7 PARCEL PARCEL 8 OioO� i O Q @®� �® 1 PARCEL 9 RE R 1 O oC61 \PROPOSED EAGLE 0 506-G a WATER PA R C E L 5 RESERVOIR SITE /� C( LAG LLJ 0SED a °� SUBDIVISI I TE TE an i. © u Q �0/io a ® 't¢ P A R C E L 11 ® m p 0 m O 515A Dot ® ®o PARCEL 4- n ® m a 1 O OWNERS: TOWN OF FOUNTAIN HILLS 1 4 MUNICIPAL PROPERTY CORPORATION P A R E L 1 ®� 514 A PRESERVATION 354 AC. PARCEL P A R C E L 3 ® anu.a t® y b 31 My PARCELI 2 I PARCEL 1 � tv I b � v ■ a Q n ® 1 .I —PROPOSE FlRE EMERGENCY I � OWNER: TOWN OF FOUNTAIN HILLS VEHICLE AND UPH CES ROADWAY Y EASEMENT PARCEL 14 r ®" PRESERVATION 106 AC. PARCEL RESERVOIR 1 vTE Q 0 PROPOSED WATER RESERVOIR SITE „ a H q M b a b b „ ' ➢1Y.i A' a b 1 ID u u U 5 P A R C E L 4 PROPOSED TRAIUIEAD u S TE c' .3 YO „ o a xe m I 17 ® ® d a ,t P A R C E L t It �t u °q"T i PARCEL 3 1 s U 1. C EAGLE A� N RTH EAGLE RIDGE TH 1 OWNER CITY OF S ALE AC 200 AC. PARCEL PARCEL 2 1 OWNER: TOWN OF FOUNTAIN HILLS PRESERVATION 280 AC. PARCEL PARCEL 7 RREERE pR — -----PARCEL 8 _ v Fountain PSA t:02 COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Areq Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: PROJECT NAME _ Mrs Mr. Ms. Mrs Mr. Ms. Address: Owner: Address: Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment 1. Wffl. A , . City: City: Day Phone � eZ W State: Zip: Day Phone State: Zip; If application is being submitted by someone other than the owner of the property under consideration, the sec&a befbw must be completed. SIGNATURE OF OWNER - ,� DATE -- )4102 'o I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of 20 Notary Public My Commission Expires FILING DATE: FEE PAID: ACCEPTED BY: (See Fee Schedule) ADPbconon P'oge 2 of 7 Ca s_ e Number.;M.::t. - '- may- �a MCO Custom PROPERTIES Wednesday, September 03, 2003 Dana Burkhardt Town of Fountain Hills 16836 E. Palisades Blvd Fountain Hills, AZ 85268 Dear Dana, Following our recent discussions, this letter is to clarify the lot configuration for 3 Eagle's Nest parcel 10. Essentially, we are removing the current lot 9 from Parcel 10. As you are aware, the Town and MCO are planning a modification of the entry to Eagles Nest at the end of Golden Eagle Blvd, to allow improvements to the Dixie Mine trailhead. The entry reconfiguration would utilize the area currently identified as Parcel 10, Lot 9 for trailhead parking and additional amenities (public restrooms and a small Home Owners Association facility). In the interim, the future HOA building may also be used as a sales staging point for Eagles Nest (in accordance with the Temporary Use Permit filed). In the event that the HOA facility is used for sales, we understand that it is subject to the provisions of section 10.03 D of the Fountain Hills Zoning Ordinance. To accommodate the entry reconfiguration, while maintaining a lot count of 244 units in Eagles Nest (per the Final Settlement Agreement), we have re -located the lot we lost in Parcel 10 to Parcel 6. Parcel 6, with the re -located lot, was approved by Council on 8/21/03. The area currently identified as Parcel 10, Lot 9 will therefore be identified on future copies of the Parcel 10 plat as a tract, and the lot count will accordingly be modified from 33 to 32. Sincerely, .......... Ben Dutton Project Engineer I OF 1 16930 E PALISADES BLVD.• FOUNTAIN HILLS, AZ 85268 PHONE (480) 8379666 X 303 • FAX (480) 8371677 BDUTTON@MCOPROPERTIES.COM IE g;,i IPA SG-1 e 11 = r l l l l IC I( Rdu111.0 r' � 9 MR 2K 1 1ea Z=_ICI! 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C E ~ O Q z O J r 0 N P $ li ,)!� •.-4Ls V%4m Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 9/18/03 Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner Consent:[—] 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 Appropriate 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 the final plat for the "The Summit at Crestview", a 68 unit multi -family condominium subdivision of 56.65 acres of land located at the Northwest corner of Shea and Palisades Boulevards, Case #S2001-08. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request by MCO Properties L.P. is for approval of the final plat for "The Summit at Crestview", a 68 unit multiple -family subdivision. This Parcel of land was annexed into the Town of Fountain Hills in February 1999 pursuant to the "Pre -Annexation Development Agreement" with MCO Properties. On November 1st, 2001, the Town Council approved the preliminary plat with a 6-1 vote. In Novemebr of 2002, the Town Council granted a one-year extension of the preliminary plat approval. List All Attachments as Follows: Staff Report; Application; Final Plat Reduction. Type(s) of Presentation: NA Signatures of Submitting Staff: Apartment Hea I Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: September 11, 2003 FR: Dana Burkhardt, Senior Planner RE: Final plat for "The Summit at Crestview"; Case #S2001-08 LOCATION: "Parcel 2" of the Pre -Annexation Agreement, located on the northwest corner of Palisades and Shea Boulevard REQUEST: Consideration of the final plat for "The Summit at Crestview", which is a 56.65 acre, 68 unit, 1 Tract condominium subdivision. DESCRIPTION: OWNER: MCO Properties, L.P. APPLICANT: MCO Properties, L.P. EXISTING ZONING: "M-1" Multiple -family Zoning District SURROUNDING LAND USES AND ZONING: NORTH: "Parcel 1", Crestview single-family vacant lots; zoned "R1-43 PUD" SOUTH: Sea Blvd., Eagle Mountain Parcel "1"(future Fry's) and Driving Range; zoned "C-1 & OSR" EAST: Palisades Blvd. and Fountain Hills Resort; zoned "L-3 PUD" WEST: "Parcel 1", Crestview single-family vacant lots; zoned "R1-43 PUD" SUMMARY: This request by MCO Properties L.P. is for approval of the final plat for "The Summit at Crestview", a 68 unit multiple -family subdivision. This Parcel of land was annexed into the Town of Fountain Hills in February 1999 pursuant to the "Pre -Annexation Development Agreement" with MCO Properties. The "Pre -Annexation Development Agreement" establishes the following development rights for this property: 3. Special Provisions Regarding Parcel 2 A. MCO has obtained from Maricopa County rezoning of Parcel 2 from R1-43 designation to the R-3 P.D. multifamily designation. B. The Town agrees that, upon execution of this agreement, and the signing of a petition by MCO authorizing annexation of the Property, the Town shall support the current request by MCO of Maricopa County for such rezoning of Parcel 2. C. The Town and MCO agree, understand and acknowledge that after annexation is completed by the adoption of an ordinance by a majority of the members of the Town Council, and the passage of the 30 day period for questioning the validity of the ordinance of annexation, the town is required by the provisions of A.R.S. §9- 47(L) to adopt the zoning classification which permits densities and uses no greater than those permitted by the County immediately before annexation. The parties further agree, understand and acknowledge that the zoning designation to be adopted by the Town of Fountain Hills after the annexation shall be the M-1 P.U.D. zoning district as enumerated in the Zoning Ordinance of the Town of Fountain Hills, and permitting private streets within Parcel 2 and providing for site plan approval by the Town, and otherwise, except as provided in paragraph 3(E) below, equivalent in all material aspects to the R-3 P.D. multifamily designation as approved by the County. D. MCO further agrees, understands and acknowledges that, except as otherwise provided in this Agreement, the development of Parcel 2 under the Town M-1 P.U.D. zoning classification, as that zone exists now, shall be subject to all of the appropriate ordinances, rules and regulations of the Town at the time that development occurs. MCO further agrees that in connection with the approval of such M-1 P.U.D. zoning, it shall restrict Parcel 2 to prohibit its development as single owner commercial rental property. E. MCO agrees, understands and acknowledges that the zoning classification of M-1 PUD, as provided for in this agreement is a less intense use than the R-3 P.D. zoning designation approved for the property by the county and that, as such, the zoning classification applied to the Property by the Town could result in fewer units being constructed than if the property were to have been developed under R-3P.D. zoning in Maricopa County, provided that in no event shall such Town Zoning provide for any less density for Parcel 2 than is set forth in paragraph l (E)(1). In summary, Parcel 2 shall conform to the M-1 zoning designation of the Town of Fountain Hills Zoning Ordinance, with a maximum number of 150 dwelling units. The Town has also agreed to amend the General Plan Land Use Map to designate this property as Multiple Family from the existing Low Density Single Family designation. The following staff report will review the subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. The Town Council approved a one year preliminary plat extension for this application in November of 2002. Conformance with the Subdivision Ordinance and the Zoning Ordinance GENERAL DESCRIPTION: The topography of the property for "Parcel 2" is steeply sloping hillside with areas of moderate to severe slopes. Slopes of 10-20% and 20-30% are predominating throughout the proposed subdivision. The subdivision proposes one through street, which will connect to the existing Viento Court in the Crestview single-family subdivision by emergency access only, and three new cul-de-sacs. The longest of the three cul-de-sacs measures approximately 1,480 lineal feet. All roads will be placed in a privately owned tract of land and developed to the Town of Fountain Hills Subdivision Ordinance roadway standards. This subdivision request conforms to the maximum number of dwelling units allowed on a cul-de-sac (Article 305A(3)b & c) of the Town of Fountain Hills Subdivision Ordinance. The Hillside Disturbance (Article 504K(la)) does not meet within the property, however, the property owner received Town Council approval to transfer portions of the hillside protection to Parcels "A, B, C, and E" of Parcel 1, also known as "Crestview". With this transfer, the applicant has a residual of approximately 12,000 square feet of additional disturbance, which will likely be exhausted during lot development. The Town Council approved the hillside transfer option with the preliminary plat on November ls`, 2001. Since the approval of the preliminary plat, the developer has slightly altered the floor plans and designs of the dwelling units. The revised dwelling units consist of two preliminary duplex plans. The developer intends to offer additional model types, but for final plat purposes, they have provided the largest and smallest unit designs to exhibit the ability to develop all 68 units conforming to the Town zoning and development regulations. The individual units range in size from 2,787 square feet to 1,510 square feet with one lower level walk -out design. The final plat improvement plans show conceptual grading and design for each unit, however the applicant will offer a choice of the optional plans to the consumer. Town staff will review each of the individual building and grading plans under separate permits to maintain conformance to the final plat and the Town of Fountain Hills Zoning Ordinance. This final plat proposes a "shrink wrap" method of condominiumizing, as also approved on the preliminary plat. This will allow the owner the flexibility to provide different design options to future new home buyers, as each duplex model is selected and permitted. The developer will then condominiumize each unit to the specific plan dimensions. The proposed final plat improvement plans maintain conformance to all applicable Zoning and Subdivision Ordinances, therefore the property owner is guaranteed a feasible design without the need for a variance or waiver. The Town Council waived the requirement for a double sided sidewalk roadway with the preliminary plat, a single side sidewalk will be provided. Recommendation Staff recommends the Town Council approve of the final plat for "The Summit at Crestview", with the following stipulations: 1) The applicant will revise the final plat to show the Hillside Protection Easement boundary. The applicant will also include within allowed disturbance area, all grading activity that is not exempt from Article 504 (B) of the Town of Fountain Hills Subdivision Ordinance. 2) The applicant shall provide a slope analysis exhibit identifying all areas exempt from land disturbance requirements and provide calculations accordingly. 3) The applicant shall address all improvement plans to the Towns satisfaction, and receive approval of such plans prior to final plat recording. 4) In the event the applicant chooses to provide a hipped roof design, building plans will be reviewed for zoning conformance and the final condominium plat shall be redrawn to reflect that change. 5) Provide a 6' meandering sidewalk from the entrance, south to Shea Blvd. 6) Landscape the Shea Blvd right-of-way frontage shoulder, fill slopes and disturbed areas. 7) Landscape the Palisades Blvd right-of-way frontage where disturbed, dead, reconstructed, and/or currently un-vegetated areas. Reconnect and maintain the existing frontage shoulder and slope landscaping and irrigation. 8) Provide a fire hydrant at the waterline connections at Shea and at Palisades. 9) Reimburse the Town for its portion of the cost of Shea Blvd. widening improvements of $60,700. 10) Prior to final plat recording, submit to the Town the Council approved Hillside Protection Grant of Easement's over Crestview Parcels "A, B, C, and E" of Parcel 1 for review and recording. 11) Provide a revised Drainage Report that complies with all Engineering Department comments with final plat submittal. 40 a oF. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT �: �-�PRECiIIIUNARY PL�AT�*' PLICATt' -Wd ` n� Date Filed Fee Paid 00_'L.o Accepted By 3-�)-01 QYO Plat Name/Number The Summit at CrestView Parcel Size Number of Lots 56.65 Acres 5 Lots/68 Units Number of Tracts Zoning 1 M-1 PUD General Plan Land Use Designation Single Family Low Density Requested (Dwelling Units Per Acre) 1.20 du/Acre Applicant Day Phone MCO Properties, L.P. 480/837-9660 Address City ST Zip 16930 E. Palisades Blvd. Fountain Hills AZ 85268 Owner Day Phone Same as Above Address City ST ]Zip Attachments (Please list) Preliminary Plat ( 20 copies) , 8 2 x 11" Reduction, Preliminary Floor Plans, Cross-section & typical elevation, Hillside Disturbance Calc., Drainage Report & Fee letter. Signature of Owner I HERBY AUTHORIZE (Please Print) Date K. Michael Snodgrass 4�14_ O FILE THIS APPLICATION. \_ — Subscribed and sworn before me this day of V11)4 � l � ' •' My Commissi Notary/'Public OFFICIAL SEAL JAMIE RODGERS Notary Public - State of Arizona MARICOPA COUNTY My comm. exw ) t' 20W TFH Case Number Fee Schedule Attached 5� -09, TUWN UI' MUN WN MAR 0ZZU COMMUNITY DEVELOE 46L' DFD^P, rJFn"`* tour-roz (rze) zr 'Akio o .411 sa?iniaS ipowoq - luawa6euejpy ugq:npsuoq . 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I MZ Z o I I W ►- c 1 N � Q N N F I I WazZ Z V C> G� J :I lei O III i•I Z IIII I �O IIII I C m MO I I O to I it it it _ W o III II III I III I I = N O :% 1 B � 1 I EM � I I I I II 1I 13 0 III +n r O sll 0 0 91 F, I I I I 1 I I `r !ii Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:❑ Meeting Date: 9/18/2003 Contact Person: Julie Ghetti Requesting Action:❑ TVDe of Document Needing AUproval (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: Presentation and discussion of a Five Year Financial Plan. Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Backjjround Information: This presentation is the first step in developing a five year financial and capital improvement plan that will be integrated into the annual budget. The goal is to seek feedback from the Council, consider an additional workstudy session if the Council would like further information and possible direction regarding revenue enhancements. List All Attachments as Follows: Five Year Financial and Capital Improvement Plan (CIP) Overview, Exhibits A, 1 thru 7, Powerpoint notes. Type(s) of Presentation: Powerpoint Sip,natures of Submitting Staff: (�' a hL);)� Depar ent He d Town M ager / Designee \\earth\jghetti\wpdata\agenda cover sheet?-l.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS FIVE YEAR FINANCIAL AND CAPITAL IMPROVEMENT PLAN (CIP) OVERVIEW September 18, 2003 (Revised) �'tAIN �O a 4 `that is A� Prepared by: Julie A. Ghetti, MPA, CPA Timothy G. Pickering, CEcD, CM FIVE YEAR FINANCIAL AND CAPITAL IMPROVEMENT PLAN OVERVIEW FY 2003-2004 through FY 2008-2009 Introduction Since incorporation the Town has enjoyed riding a wave of economic prosperity due to the explosive growth of the mid to late 1990's. The Town took advantage of the building boom and paved streets, built four new parks and a new Community Center/Library Museum, preserved 354 acres of open space, and provided many services to enhance the quality of life of the citizens of Fountain Hills. However, the ride ended with the recent economic slump that has forced many cities and towns across the country to re-evaluate their financial future. The financial future for Fountain Hills through FY2009 could be described as cautiously optimistic. The projection for the next five years provides sufficient resources to fund the current level of ongoing operations without spending down the reserve balance. The revenue projections are based on another five years of moderate growth in residential and commercial construction activity. However, by FY2009 the Town will have much less inventory of vacant land that can generate sales tax revenue; additional revenue sources will need to be created. Equipment and capital financing costs are typically planned for years ahead of time in order to be able maintain the same quality of life that the citizens have come to expect from their government. The 5 year financial and Capital Improvement Plan (CIP) is the Town's five-year blueprint for creating and maintaining the crucial infrastructure that will support the continued growth and development of Fountain Hills. Although any projections beyond one to two years is speculative, this financial plan also gives residents and businesses a clear and tangible estimate of the Town's long-term direction in the area of finance and capital improvements as well as better understanding of the Town's ongoing needs for stable revenue sources to fund large or multi -year capital projects. Projects included in the CIP will form the basis for appropriations in the annual budget and will affect the Town's budget process five to ten years into the future. In order for the Town to prevent the deterioration of community infrastructure, continue to enhance the quality of life, and provide needed services to the citizens it is necessary for the government to identify the resources that will fund capital improvements each year. Based on the financial analysis and capital requests presented in the FY 2003-04 budget the Town needs to provide an additional $1,600,000 in revenue annually to the Capital Improvement Program (specifically Streets and Parks & Recreation CIP) over the next five years. P What are Capital Improvements? Capital improvements are the "bricks and mortar" of the Town — streets, dams, bridges, parks and parks buildings, one-time acquisitions of equipment over $10,000, including municipal facilities such as a Senior Center/Town Hall/Police Station and Fire Stations, etc. Projects in the CIP generally cost more than $10,000 and have a projected minimum life span of five (5) years. Financial Plan A financial trend analysis combines budgetary and financial information with economic and demographic data to create a series of local government indicators that can be used to monitor changes in the Town's financial condition. The challenge is for the Town to absorb, within available financial resources, increasing operational costs associated with an ever-increasing population but also include funding for capital projects. The projection of operating expenditures over the next five years assumes an average inflation factor of 5% at the present reduced level of service. Revenues exceed expenditures each fiscal year but at a declining rate over time compared to expenditures. However, during the next four fiscal ,years it is estimated that there would be sufficient surplus to allow at least 10%, of general fund revenues to fund capital improvements. Some capital projects will require more than 10% and should be accumulated over several years. Many capital improvements and purchases of large pieces of equipment will be included in the operating budget on a "pay-as-you-go" basis. In our analysis recurring large equipment replacement expenses for new heavy equipment, street sweepers, and continuing costs such as street asphalt overlay are included in the capital projects budget. The operating budget is for costs associated with providing ongoing services such as police and fire protection, building inspection, parks and recreation activities, and street maintenance. Ongoing costs are tied to ongoing revenues (i.e., sales tax, user fees, intergovernmental revenues). The capital improvement plan includes costs for long term capital projects, which add to the capital assets or infrastructure of the Town. These include new facilities, land, major infrastructure improvements on streets, etc. The projects are usually financed on a long- term basis with revenue sources such as development fees, grants and intergovernmental sources. The Town has adopted a policy that considers pay-as-you-go financing to be the primary source of funding capital projects when possible. Financial and planning considerations help staff identify projects that should be included in the annual CIP, and how those projects will be integrated into the Town's annual budgeting process. Capital projects should support Council goals and objectives and be consistent with the Town's General Plan. It should also prevent the deterioration of the Town's existing infrastructure and protect its investment in parks, streets, and municipal 3 buildings. Capital projects should provide all geographic areas of the Town with comparable quality and types of services. Assumptions Projecting revenues and expenditures over a five year period is part science and part art — the further out the projection, the less reliable the estimate. The forecast does not incorporate unanticipated policy changes or adjustments in spending priorities. The proposed five year financial summary is based on a statistical analysis of the past five years but with a conservative estimate for the next five years. The revenue forecast assumes the following: • The local sales tax rate remains at 2.6% over the five year period • Future year revenue forecasts are based on statistical analysis but reduced by a confidence factor to reflect conservatism • The legislature will not reduce or eliminate state revenue sharing • The residential and commercial activity will begin to recover in FY2004-2005 but at a moderate pace Proposed revenue enhancements are not included as available resources in the CIP summary • Capital financing potential is the amount available after operating expenditures • Fund balance is excluded as available resources and includes a 4% annual growth factor as reserves The expenditure forecast assumes the following: • The current reL.:ced level of service is assumed to continue (i.e., reduction in fountain hours, uced staff and programs, no new vehicles or office equipment, etc.) with the exception of the Fire Department. The Fire Department projection for FY04-05 includes an additional firefighter position at $180,000 annually and an additional Assistant Fire Chief at $85,000 annually • A 5% increase in current operating expenditures is factored in each fiscal year • The annual debt service payment for the Community Center will begin being funded through the general fund in FY2005-06 as the recovered construction bond proceeds will be exhausted by that time • The capital project figures are based on current dollars • The Administration Department projection is reduced in FY06-07 with the elimination of the sales tax rebate for the Target Center. If the local tax rate remains at 2.6% the rebate payment will be accelerated and is estimated to be paid off during FY06-07 • Lease payments for the current Town Hall have been eliminated in FY2006-07 with the expectation that the Town will relocate to the Civic Center upon completion of Phase 11 or remain in the current buildings if purchased • Capital costs for FY2003-04 in parks have been removed from the annual operating expenditures and included in the CIP E Five Year Financial Plan Summary The five year financial summary FY 2004-2009 table on Exhibit 2 summarizes the financing potential (available resources after estimated revenues, operating expenditures and fund balance reserves), minus the proposed capital projects which leaves the cumulative capital projects funding balance each year for each fund. The general government and law enforcement development fees are included as financing potential in the general fund to include a law enforcement station with the purchase or construction of Town Hall facilities. The general fund capital project in FY2003-04 is for Phase II of the Fountain Park improvements and was approved in the annual budget. The total five year cumulative capital projects for the general fund is $6,280,000; assuming that the revenue and expenditure projections are correct it would take four years before sufficient reserves were accumulated to begin the capital projects listed. If additional resources of $1,658,739 were available in FY 2004-2005, the general fund capital projects could be completed by FY 2006-2007; funding would then become available for transfer to streets capital projects. The excise tax fund for land preservation and downtown development has sufficient resources to fund the annual debt service on the mountain preserve as well as capital projects identified within the five year CIP. Both funds combined will have a surplus fund balance of $5,606,510 that is unappropriated by FY2008-2009. Parks and recreation capital project funding resources are dependent upon the development fees collected with building permits. The open space fees are sufficient to fund the proposed construction of the trailheads and connectivity that was included in the five year CEP with a surplus of $1,433,063 by FY 2008-2009. However, the parks and recreation development fees will not cover the costs of the park projects that have been recommended by the Parks & Recreation Commission. These projects would need to be funded with a transfer from the general fund when funds became available in FY2008. The transfer of surplus resources from the general fund, if available, to the parks and recreation CIP will provide an additional $2,047,790 for capital project funding The Streets and Highways resources include all HURF funds as well as the Street development fees. The projects were included in the five year CIP presented during the FY2003-04 budget but no funding source was identified. Highway User Revenue Funds (HURF) and street development fees are insufficient to fund any capital projects for the Town infrastructure for the next five years unless new funding in the amount of $1.60M annually is provided. Thus it appears that the majority of additional capital funding is needed for major street projects. 5 Improving The Long Term Financial Picture 0 0 0 0 ($1 SUMMARY OF AVAILABLE AVAILABLE CAPITAL FINANCING (in millions) 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 ■ General Fund ❑ Land Preservation Fin Potential ❑ Downtown Development Fin Potential ■ Streets and Highways (HURF) ❑ Parks & Rec Financing Potential El Open Space Financing Potential The chart above illustrates the cumulative underfunding of the street and other funds each fiscal year; parks and recreation lacks funding from FY 2005 through FY 2009 and the general fund cannot begin capital projects until FY 2007-08. The following options that could improve the illustrative scenario above are available for consideration by the council. 1. Eliminate street projects - this solution, although easily accomplished, would have a cumulative negative impact on the Town infrastructure. This could create a significant future financial burden for Fountain Hills' citizens as well as increased liability with insufficient maintenance. Fountain Hills has a reputation of one of the "World's Ten Best Places to Live" and that should be valued. 2. Shift revenue sources - excise tax funds and some development fee funds are accumulating revenues that exceed project and debt service costs. A review of the current development fee structure could be performed to align the cost of the capital projects with the resources. 3. Revenue enhancements — the chart on page 8 itemizes several revenue options that are available to the council. Some of the revenue enhancements include an estimate of the annual revenue, others would require further research to determine their feasibility. Revenue enhancement recommendations follow. 0 �w Initial Revenue Enhancement Recommendations In order to fully fund the capital improvement plan the Town will need an additional $1,604,500 of reliable revenues each fiscal year ($8,022,043 divided by 5). There are several options available to the Council, some of which would require voter approval. Of those recommendations . where the council can take action, staff would initially recommend the following be considered expeditiously: 1. The Council directs staff to prepare an amendment to the current local sales tax code ordinance that will eliminate exemptions for residential rentals, advertising, and health spa memberships (estimated $560,725 annually). 2. Staff would establish a Capital Projects Accumulation Fund to be used to accumulate all new revenue sources in an amount sufficient to provide for approved capital projects during each annual budget process. 3. Hire an outside consultant to update and possibly revise the development fee ordinance to align resources with needs. 4. Direct staff to increase municipal fees (i.e., notary service, duplicate licenses, business lists, etc.) sufficient to recover the cost of administering the service (estimated $3,500 annually). 5. Increase business license fees for refuse companies to recover costs of wear and tear on Town roads (estimated @ $35,000 annually). 6. Establish a workstudy session to consider other available options for funding capital projects and to obtain council direction regarding the five year CIP. Recommendations 1, 4 and 5 equal almost $600,000 annually, which would leave a shortfall in capital project resources of $1.1 million. On the following page is a list of many of the potential revenue enhancement opportunities available to the Town, along with pros and cons of each. Summary Staff has prepared this five year capital improvement plan as a start of an annual review process and is seeking feedback from the council. With council direction, staff can begin to plan for the financing and integration of capital projects into the annual budget. Once the CIP program is established and funded the Town can distribute the capital projects evenly over several years to allow for accumulation of resources for a pay-as-you-go program. 7 TOWN OF FOUNTAIN HILLS Five Year Financial Summary Est. Annual 1W Potential New Capital Funding Opportunities Amount FY 05 Pros Cons Primary Property Tax @ $1/$100 $2,700,000 Stable and diversified revenue Twice rejected by voters source controlled by Town Increase local sales tax rate 0.4% $1,115,400 Can be implemented with Current rate one of the highest in council action State, can fluctuate with the local economy. The Town is already 50% dependent upon this revenue source. Eliminate Advertising exemption $406,350 Can be implemented with Can fluctuate with the local economy council action Impose Utility Franchise Fee $350,000 Diversifies revenue source Requires voter approval Increase Telephone/Cable Rate by 2.4% $265,000 Diversifies revenue source, Affects all residents and businesses can be implemented with council action Increase Restaurant/Bar Rate by 1.4% $200,000 Diversifies revenue source Can fluctuate with local economy; effects only one sector of business Eliminate Residential Rental exemption $121,875 Can be implemented with Rentals have never been taxed in council action Fountain Hills Increase Transient Lodging Rate by 2% $75,000 Paid by non residents Would be the highest rate in the state (4 5% is the next highest) Eliminate exemption for Health Spas $32,500 Most other cities have; most Affects only one sector of business. other services pay Impose Liquor License Permit Fee $20,000 Diversifies revenue source Impose Commercial Refuse Fee ($5,000 ea.) x $35,000 Diversifies revenue source; Cost could be passed on to 7 licensed haulers recovers cost of wear and tear customers. on roads Charge for Municipal Services $3,500 Can be implemented by staff Immaterial amount for capital (eg. Business lists, notary, duplicate licenses) Other possibilities requiring research: Implementing transaction fee on sale of Diversifies revenue source Not sure if allowed under Model property City Tax Code (MCTC) Refinancing debt (after financial stability Possible savings on annual Costs of issuance, Moody's watch list restored) - which debt, which bond+B39 debt service paid with sales tax Increase building permit fees Can be implemented by Fees recently increased, building council activity expected to decline Reallocating or adding new development fees Align development fees to fit Requires outside consultant study community needs Permit single refuse service provider No or little increase cost to Long term loss leader due to Town's residents reluctance to increase rates over time to equal costs. Affects every homeowner. Large amount of staff time required to administer program 5 Year CIP.xIsPotential Funding9/18/2003 EXHIBIT 1 5 YEAR FINANCIAL PLAN SUMMARY FY 2004-2009 Fiscal Year 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 General Fund Gen Govt Capital Financing Potential $858,882 $1,521,969 $1,341,261 $792,120 $0 $0 (Less Proposed Capital Projects) ($690,000) ($1,590,000) ($3,000,000) ($1,000,000) $0 $0 Remaining Capital Projects Balance $168,882 ($68,031) ($1,658,739) ($207,880) $0 $0 Excise Tax Fund Land Preservation Fin Potential $1,979,200 $2,328,195 $2,740,985 $3,202,460 $3,748,121 $4,351,467 (Less Proposed Capital Projects) ($639,610) ($631,500) ($638,500) ($610,000) ($608,000) ($595,000) Remaining Capital Projects Balance $1,339,590 $1,696,695 $2,102,485 $2,592,460 $3,140,121 $3,756,467 Downtown Development Fin Potential $894,163 $900,623 $997,236 $1,267,831 $1,552,180 $1,850,043 (Less Proposed Capital Projects) ($225,000) ($160,000) $0 $0 $0 $0 Remaining Capital Projects Balance $669,163 $740,623 $997,236 $1,267,831 $1,552,180 $1,850,043 Streets and Hishways (HURF) Street Capital Financing Potential $138,175 $56,361 ($1,561,501) ($3,600,458) ($5,715,669) ($6,427,136) (Less Proposed Capital Projects) ($200,000) ($1,670,000) ($2,040,000) ($2,100,000) ($2,120,000) ($1,595,000) Remaining Capital Projects Balance ($61,825) ($1,613,639) ($3,601,501) ($5,700,458) ($7,835,669) ($8,022,136) o ment Fees Parks & Rec Financing Potential $676,630 $1,018,460 $1,241,360 ($63,040) $672,000 $1,000,000 (Less Proposed Capital Projects) ($129,670) ($339,000) ($2,081,000) ($1,397,000) ($672,000) ($1,000,000) Remaining Capital Projects Balance $546,960 $679,460 ($839,640) ($1,460,040) $0 $0 Open Space Financing Potential $844,613 $1,335,993 $1,961,513 $2,826,053 $2,658,503 $2,433,063 (Less Proposed Capital Projects) ($33,500) $0 $0 ($900,000) ($700,000) ($1,000,000) Remaining Capital Projects Balance $811,113 $1,335,993 $1,961,513 $1,926,053 $1,958,503 $1,433,063 5 Year CIP.xlsCIP Summary9/17/20034:31 PM EXHIBIT 2 TOWN OF FOUNTAIN HILLS CIP - General Fund FISCAL YEARS 2004-2009 Resources Projected Operating Revenue' Development Fees - General Govt Development Fees - Law Enforcement Grant/Prop 202 Funds Capital Project Funds left from prior year Less projected operating expenditures Surplus Available Contribution to Fund Balance Transfers to other CIP funds Capital Financing Potential ' Assumes existing revenue sources ` Assumes same level of service except for fire department (adding two staff FY04); excludes capital expenditures Projects Town Center Phase 1I Relocate Fire Station Shaded Tot Lot and Playground - Ftn Park North Sidewalk - Fountain Park Performance Pad - Fountain Park Utility/Rehab Vehicle (Fire Dept) Total Projects Remaining Capital Projects Balance 5 Year CIP.MsGenFund9/17/20034:31 PM Fiscal Year 2UU3-2U04 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 $12,679,239 $13,767,962 $14,627,843 $15,753,124 $16,144,006 $16,507,589 $161,075 $191,060 $228,340 $316,880 $267,950 $172,420 $27,453 $13,120 $15,680 $21,760 $18,400 $11,840 $160,000 $77,000 $168,882 ($68,031) ($1,658,739) ($207,880) $0 ($11,653,902) ($12,389,055) ($13,297,571) ($13,413,905) ($14,419,372) ($14,779,869) $1,373,865 $1,828,969 $1,506,261 $1,019,120 $1,803,104 $1,911,980 ($514,983) ($307,000) ($165,000) ($227,000) ($201,000) ($271,000) ($1,602,104) ($1,640,980) $858,882 $1,521,969 $1,341,261 $792,120 $0 $0 $1,500,000 $3,000,000 $1,000,000 $320,000 $187,000 $183,000 $90,000 $690,000 $1,590,000 $3,000,000 $1,000,000 $0 $0 $168,882 ($68,031) ($1,658,739) ($207,880) $0 $0 EXHIBIT 3 TOWN OF FOUNTAIN HILLS Land Preservation Excise Tax CAL YEARS 2004-2009 Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Resources Interest Dedicated Excise Tax $1,979,200 $988,605 $1,044,290 $1,099,975 $1,155,661 $1,211,346 Capital Project Funds left from prior year $1,339,590 $1,696,695 $2,102,485 $2,592,460 $3,140,121 Less projected operating expenditures Capital Financing Potential $1,979,200 $2,328,195 $2,740,985 $3,202,460 $3,748,121 $4,351,467 Projects Debt Service - Preservation Bonds $639,610 $631,500 $638,500 $610,000 $608,000 $595,000 Total Projects $639,610 $631,500 $638,500 $610,000 $608,000 $595,000 Remaining Capital Projects Balance $1,339,590 $1,696,695 $2,102,485 $2,592,460 $3,140,121 $3,756,467 0 Uq 5 Year CIPAsCIP-Excise Land9/17/20034:31 PM EXHIBIT 4 TOWN OF FOUNTAIN HILLS CIP - Downtown Development Excise Tax FISCAL YEARS 2004-2009 Resources Interest Dedicated Excise Tax Capital Project Funds left from prior year Less projected operating expenditures Capital Financing Potential Projects Avenue of the Fountains RFP Upgrade 2 waterfalls Ave of Fountains Upgrade Ave of Ftns Electrical (East End) Total Projects Remaining Capital Projects Balance Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 $100 $100 $100 $100 $100 $100 $987,563 $329,535 $348,097 $366,658 $385,220 $403,782 $669,163 $740,623 $997,236 $1,267,831 $1,552,180 ($93,500) ($98,175) ($91,584) ($96,163) ($100,971) ($106,020) Note: The current Avenue of the Fountains Right of Way design may affect future capital needs. $894,163 $900,623 $997,236 $1,267,831 $1,552,180 $1,850,043 $225,000 $30,000 $130,000 $225,000 $160,000 $0 $0 $0 $0 $669,163 $740,623 $997,236 $1,267,831 $1,552,180 $1,850,043 5 Year CIPAsCIP - Excise Dwntn9/17/20034:31 PM EXHIBIT 5 TOWN OF FOUNTAIN HILLS CIP - Streets FISCAL YEARS 2004-2009 Resources Projected Operating Revenue Development Fees Streets Interest Federal Aid Grant School District Adjacent Ways Funds Capital Project Funds left from prior year Transfer from General Fund Less projected operating expenditures Capital Financing Potential Projects Fountain Hills Boulevard/El Lago (50% developer) Shea (Eagle Mtn Pkwy to Palisades) interconnect Saguaro/El Lago (50% developer) signal Pali sades/S unridge Drive (50% developer) signal Shea Bke Lanes/Median (Construction Management) Shea @ Saguaro--EB to NB LT lane lengthening nip, Truck %64in and Kipling (remove,replace curbs) Sign Maintenance Truck Palisades-FH Blvd - curb construction Sidewalks Mill and Overlay Reconstruct Street Sweeper Guardrail Modifications/removals Avenue of the Fountains/La Montana Signal Palisades-Westby to La Montana Bucket Lift Truck New Striper Malta and Saguaro add CMP and catch basins La Montana Medians @ Community Center Palisades-FH Blvd - landscape/irrigation Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 $1,523,900 $1,541,176 $1,614,882 $1,688,589 $1,762,295 $1,836,001 $133,175 $121,800 $137,025 $182,700 $152,250 $121,800 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $500,000 $147,500 ($61,825) ($1,613,639) ($3,601,501) ($5,700,458) ($7,835,669) $0 $0 $0 $128,014 $1,067,280 ($1,523,900) ($1,549,790) ($1,704,769) ($1 875 246) ($2 062 770) ($2 269 048) $138,175 $56,361 ($1,561,501) ($3,600,458) ($5,715,669) ($6,427,136) $200,000 $90,000 $200,000 $200,000 $10,000 $30,000 $100,000 $40,000 $40,000 $60,000 $50,000 $750,000 $100,000 5 Year CIP.xIsCIP-Streets9/17/2003 EXHIBIT 6 $50,000 $1,000,000 $100,000 $150,000 $50,000 $220,000 $100,000 $100,000 $100,000 $60,000 $70,000 $40,000 $50,000 $1,000,000 $750,000 $750,000 $100,000 $50,000 $50,000 TOWN OF FOUNTAIN HILLS CIP - Streets FISCAL YEARS 2004-2009 Page 2 Shea (Technology to Saguaro) Signal Interconnect Palisades-Westby to La Montana WB Shea west from Saguaro, 3rd lane taper -back La Montana Medians @ Community Center (Curbs) Palisades/Eagle Ridge Drive -Palomino Signal New Grade Tractor Palisades -La Montana to Saguaro Saguaro catch basins WB Shea Climbing Lane--FH Blvd to Palsdes (Fed Aid Proj) Saguaro (El Lago to Grande) Signal Interconnect Part Agmnt Mirage Homes Firebrick Dr and Laser Drain Street Yard Building Palisades -La Montana to Saguaro Del Cambre Rosita to Ashbrook Wash Safe Sidwalks to School Total Projects Remaining Capital Projects Balance Note: In FY 03-04 the Street Department will be producing a specific street replacement plan that may adjust estimates for future capital spending. Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 $40,000 $70,000 $200,000 $ I00,000 $200,000 $100,000 $180,000 $60,000 $200,000 $50,000 $100,000 $300,000 $120,000 $50,000 $500,000 $795,000 $200,000 $1,670,000 $2,040,000 $2,100,000 $2,120,000 $1,595,000 ($61,825) ($1,613,639) ($3,601,501) ($5,700,458) ($7,835,669) ($8,022,136) 5 Year CIP.x1sCIP-Streets9/17/2003 EXHIBIT 6 TOWN OF FOUNTAIN HILLS Parks & Recreation Development Fees ftUAL YEARS 2004-2009 Resources Grants Development Fees Interest Capital Project Funds left from prior year Transfer In - General Fund Capital Financing Potential Projects Associated Amenities - I'm Park Modular comp skate park Spray/Water Play Park - Fountain Park Walking Path - Phase III Fountain Park Eng/design for PhII Imps - Four Peaks Park Phase II Construction - Four Peaks Park East Parking Lot - Fountain Park Children's Water Feature - GEP Phase II Design fees - DVNP �rinkler ase 11 Construction - DVNP System Reconstruct - Ftn Park Park Signage Educational Arboretum/Signage BMX Track Aquatic/Fitness Facility Total Projects Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 $668,430 $463,300 $553,700 $768,400 $649,750 $418,100 $8,200 $8,200 $8,200 $8,200 $8,200 $8,200 $546,960 $679,460 ($839,640) ($1,460,040) $0 $0 $0 $0 $0 $1,474,090 $573,700 $676,630 $1,018,460 $1,241,360 ($63,040) $672,000 $1,000,000 $69,670 $60,000 $125,000 $214,000 $212,000 $665,000 $1,553,000 $306,000 $10,000 $67,000 $665,000 $500,000 $84,000 $58,000 $30,000 $1,000,000 $129,670 $339,000 $2,081,000 $1,397,000 $672,000 $1,000,000 Estimated Ending Fund Balance $546,960 $679,460 ($839,640) ($1,460,040) $0 $0 5 Year CIP.AsCIP-P&R9/17/20034:31 PM EXHIBIT 7 TOWN OF FOUNTAIN HILLS CIP - Open Space Development Fees FISCAL YEARS 2004-2009 Fiscal Years 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Resources Development Fees $835,513 $515,780 $616,420 $855,440 $723,350 $465,460 Interest $9,100 $9,100 $9,100 $9,100 $9,100 $9,100 Capital Project Funds left from prior year $811,113 $1,335,993 $1,961,513 $1,926,053 $1,958,503 Capital Financing Potential Projects Trailhead Development Trailhead Construction Trail/Connectivity paths Total Projects Remaining Capital Projects Balance 5 Year CIP.xlsCIP-OpenSpace9/17/20034:31 PM $844,613 $1,335,993 $1,961,513 $2,826,053 $2,658,503 $2,433,063 $33,500 $900,000 $700,000 $1,000,000 $33.500 $0 $0 $900,000 $700,000 $1,000,000 $811,113 $1,335,993 $1,961,513 $1,926,053 $1,958,503 $1,433,063 EXHIBIT 8 TA ti 04 um O Z 3 ru ■u c its c LL L. 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