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2004.0115.TCREM.Packet
�O 3 40 !9S91 that is A04 NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, JANUARY 15, 2004 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS COMMUNITY CENTER (Ball rooms 1 & 4) 13001 N. LA MONTANA DR., FOUNTAIN HILLS, AZ (Executive Session will be held in the Community Center Conference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to 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 — Mayor Nichols *#"W 1.) Pursuant to A.R.S. §38-431-03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, Chaparral Water.) E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 1-15-04.doc Page 1 of 3 Last printed 1/14/2004 2:39 PM 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Larry Finch, Four Peaks Community Church • ROLL CALL — Mayor Nichols • SCHEDULED PUBLIC APPEARANCES — Maricopa County Board of Supervisors, Dist. 2: Don Stapley • MAYOR'S REPORT — Mayor Nichols will read a proclamation naming January 15, 2004, "Fountain Hills National Mentoring Day". CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(6), 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 CONSENT AGENDA *1.) CONSIDERATION of approving the Council MEETING MINUTES of 12/8/03, 12/15/03 and 12/18/03. *2.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Target Store #1432 located at 16825 E. Shea Blvd. The application is for a Class 10 license. *3.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Parkview Tap House located at 16828 E. Parkview. The application is for a Class 12 license. *4.) CONSIDERATION of RESOLUTION 2004-01 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly and easterly property lines of Plat 506A, Block 2, Lot 19 (15330 E. Walnut Lane) as recorded in Book 159 of Maps, Page 30, Records of Maricopa County, Arizona. EA03-24 (Brian Lau) *5.) CONSIDERATION of RESOLUTION 2004-02 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line of Lot 11, Block 2, Plat 505D (16837 N. Sourdough Pl.) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA03-25 (Zahara) *6.) CONSIDERATION of Council authorization for the FINAL PAYMENT to Maricopa County Department of Transportation for Intergovernmental Agreements #C67982422, C64981222, Shea Boulevard Projects in the amount of $118,062. s min *7.) CONSIDERATION of extending letter proposal with Willdan to provide professional plan review services as needed for mountain plats. REGULAR AGENDA 30 min I 8.) CONSIDERATION of recommendations for recovering costs associated with Fountain Hills' YOUTH SPORT ORGANIZATIONS use of Town facilities. 30 min 9.) DISCUSSION with possible direction to staff regarding a request for proposal for consultant services to review the Town DEVELOPMENT FEES. E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 1-15-04.doc Page 2 of 3 Last printed 1/14/2004 2:39 PM 30 min 10.) CONSIDERATION of ORDINANCE 04-02 amending the Town of Fountain Hills Tax code relating to the privilege license tax by increasing the rate of taxation on advertising from zero percent (0%) to two and six tenths percent (2.6%); providing penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. 30 min 11.) CONSIDERATION of ORDINANCE 04-03 amending the Town of Fountain Hills Tax Code relating to the privilege license tax; removing the exemption from taxation for residential rental property; proving penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. 30 min 12.) CONSIDERATION of ORDINANCE 04-04 amending the Town of Fountain Hills Tax code relating to the privilege license tax by removing the exemption from taxation for health clubs and spas, providing penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. 5 min 13.) CONSIDERATION of the FINAL PLAT for "Adero Canyon - Parcel 2", a 60.46 acre, 24-lot single family subdivision (aka Eagles Ridge North, Parcel 2); Case #S2002-35. 5 min 14.) CONSIDERATION of the FINAL PLAT for "Adero Canyon - Parcel 3 and a portion of Adero Canyon — Parcel 2", a 57.70 acre, 24-lot single family subdivision (aka Eagles Ridge North, Parcel 3); Case #S2002-20. 5 min 15.) CONSIDERATION of the FINAL PLAT for "Adero Canyon - Parcel 4", a 39.56 acre, 22-lot single family subdivision (aka Eagles Ridge North, Parcel 4); Case #S2002-15. 5 min 16.) CONSIDERATION of the FINAL PLAT for "Adero Canyon -, Parcel 9", a 25.40 acre, eight - lot single family subdivision (aka Eagles Ridge North, Parcel 9); Case #S2002-36. 5 ruin 17.) CONSIDERATION of the FINAL PLAT for "Adero Canyon - Parcel 1, a 23.941 acre, 9-lot single family subdivision (aka Eagles Ridge North, Parcel 1); Case #S2002-10. 5 rnin 18.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 20 min 19.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. Requested by Councilman Kavanagh — Placing the item of eliminating the no turn on red signal at the intersection of Palisades and Shea Boulevards on a future agenda for action. B. Requested by Councilman Kavanagh — Placing the item of increasing the speed limit on Saguaro Blvd. from 35 mph to 40 mph. On a future agenda for discussion. 5 ruin 20.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 10:45 p.m. 21.) ADJOURNMENT. DATED this 140i day of January, 200411''I.01 WOO Bevelyn J. Bend , ToMi Clerk %The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- ,.00-367-8939 (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:\C1erkWGENDAS\REGULAR\2004\Regular and Executive Session 1-15-04.doc Page 3 of 3 Last printed 1/14/2004 2:39 PM TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the future course of the State of Arizona and our Nation rests on the shoulders of our youth, and educated, confident, and nurtured children will give rise to a stronger State and Nation; and WHEREAS, considerable numbers of our Nation's children today face difficult circumstances; 1 out of 4 live with only parent, 1 out of 10 are born to teen parents, 1 out of 5 live in poverty, and 1 out of 10 will not finish high school; and WHEREAS, mentoring is a proven, effective strategy to combat these circumstances by matching a caring, responsible adult with a child to provide guidance and build confidence, stability, and direction for that child; and WHEREAS, research has shown that mentoring has a definitive impact on young people by increasing attendance at school, improving rates of high-school graduation and college attendance, and decreasing involvement with drugs, alcohol, and violent behaviors; and WHEREAS, both the celebration of National Mentoring Month and the establishment of a Fountain Hills National Mentoring Day will emphasize the importance of mentoring and recognize with praise and gratitude the many Fountain Hills residents already involved in mentoring; WHEREAS, National Mentoring Month will be recognized nationwide and at the Arizona State Capital on January 15th to encourage more people to volunteer as mentors, to the benefit of young children throughout our Nation, the State of Arizona, and in Fountain Hills; NOW, THEREFORE, I, WALLY NICHOLS, MAYOR of the Town of Fountain Hills, Arizona, call upon the citizens of Fountain Hills and interested groups to observe this month with appropriate ceremonies and activities that promote awareness of volunteer involvement with youth mentoring, hereby proclaim January 15, 2004 as: "Fountain Hills National Mentoring Day" .- W. ]. Nichols, Mayor ATTEST: 1,Z1,)�QVd1VA_i Bevelyn J. Bender, Town Clerk Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 1/15/04 Contact Person: Tom Ward Requesting Action:® TVpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® I.iquor/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 liquor license application submitted by Target Store #1432 located at 16825 E. Shea Blvd. The application is for a Class 10 license. Staff Recommendation: Approve Fiscal Impact: No NW Purpose of Item and Background Information: To obtain Council approval for a new Class 10 liquor license. A Class 10 license allows retail sales for beer and wine only in the original unbroken package, to be taken away and consumed off the premises. The application complies with statutory and liquor license regulations and it received a favorable recommendation from MCSO based on 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 th:, full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo; MCSO memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: D partment Head--� .� o� Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) t' 0 0 0 0 0 0 0 Cl 0 Co0 0 0 o c o a 0 0 N o to Cl Cl C N O cy � cli tD L o N N Cl) 6F) 69 r O O O O O O O O O O O O O O C:) 0 0 o O D CD O O O O o 0 p O O CD O O O O O O O O O O CDO O O O O O O O CD CDO O CD O O O O O CD Lo N In U') lCD O O O In N I� to � CO 3- L Cli� N� CO - CO �- LO Gq EF? ER Gq 6q H? - Ef3 ca � EIS 6R 69 64 Efl O O O q O O O O O 0 • LO LO 75 O ~ O) to 00 0) y a) E c cu <n OD 0 CD a) V t1 a 3 Oi C O N m_(g m -.0O N U Ur (•n- Q CL) > � ` a) a) o o c"=O _ c a aO U W A a Co 1EW O �~ L O -rn O i crn ~ O _OY c7 E v� LC+ 2 O 'o -0 O E O O O .+Oay Q QwQ F- mF- n a a_ O � Q Q a o u. 0 F- Jan 0� Feb 0� Mar 0� Apr 0� May 0'e Jun 0� Jul 0� Aug 0'e Sep 0� Oct 0" Nov 0,' Dec 0,' Jan 0` Feb 0' Mar 0' Apr 0' May 0' Jun 0< Jul 0: Aug 0' Sep 0' Oct 0: Nov 0; Dec 0: Jan 0z Feb 0z Mar 0z Apr 0� May 0� ADVERTISING LEADS Arizona Vacation Guide Discover Scottsdale Golf Travel Magazine Travel & Leisure Midwest Living Arizona Living 892 2 258 1 81 55 187 345 4 117 14 75 119 2 326 7 51 79 337 2 7 29 191 79 240 27 26 63 16 168 168 6 736 17 115 25 389 177 7 72 3398 8 206 818 1075 7 totals 0 0 0 0 0 0 0 0 0 1153 672 327 463 375 510 53 63 16 0 168 174 753 529 256 0 0 0 0 0 A FOUNTAIN HILLSO TOURISM COUNCIL do Town of Fountain Hills • P.O. Box 17958 • Fountain Hills, AZ 85269 • 1-866-368-6445 TOURISM IMPACT STUDY DESTINATION MARKETING PROPOSAL Prepared by Fountain Hills Tourism Council for the Town -of Fountain Hills, Arizona May 8, 2003 TOURISM IMPACT STUDY AND A DESTINATION MARKETING PROPOSAL FOR THE TOWN OF FOUNTAIN HILLS Overview The following study has been prepared by Fountain Hills Tourism Council with the aim of providing the Town Council, Town Staff and the citizens of our community with an objective assessment of the current and future importance of tourism in all of its forms to the community. The study also includes thoughts and recommendations on how to maximize the tourism benefits to the Town's economy while we are under the current state of fiscal restrictions. It is the opinion of the Tourism Council that tourism will significantly benefit the prosperity of local businesses, local infrastructure and real estate. That tourism will provide more effective utilization of public and private facilities already in place, improve their efficiency and prompt the development of even higher standards of service. As an "export industry"' tourism will create new jobs and, unlike any local industry, bring in tax and other revenues from beyond the community. It will spur future development of new upscale outlets and services and enhance property values. And finally, it will ensure that our local economy can thrive and prosper without expanding the town's boundaries or increasing the residential tax base. If the pro -tourism policy presented in this proposal is adopted, we believe that the Tourism Council working in collaboration with the Town Government represents the best means of creating and implementing a consistent marketing and promotional campaign until such time as the Town Government has the resources it needs to establish a permanent department to oversee this effort. To this end the Tourism Council has created what it believes is a realistic and feasible working plan, with identified needs and responsibilities, that capitalizes on its members' experience, commitment and volunteerism. With this in mind, the Tourism Council asks the Town Government to acknowledge its understanding of the impact of tourism on the community, issue its commitment to promote the town as a tourist destination and approve the Tourism Council's proposal for the ensuing financial year marketing budget. The members of the Tourism Council believe that such a positive ruling will inject new enthusiasm into the Fountain Hills business community. In addition, this kind of ruling will signal to the public at large that our town believes that tourism is a high yield investment in a very desirable future. 1 1. Tourism, Arizona's Prime Exaort Indust Defined as "industries where demand for goods and services comes from outside the region", EXPORT industries are a backbone of financially prosperous regions and communities. The viability of any economy is a function of the prospects for its export - related industries. Among the export industries, tourism is a dominant player. Travel and tourism combine for the second largest employer in the nation. In Arizona alone, tourists spent nearly $16 billion in 2000. Apart from direct earnings, tourism has a major impact on employment and economic development. There are indirect and induced effects on many industries including retail and wholesale trade, services and transportation, government, finance and real estate. Combined forms of earnings from tourism in Arizona are estimated at $11.6 billion. The value of generated economic output is $29.9 billion. There were 451,600 jobs provided in Arizona through a direct, indirect and induced impact of tourism. Measured as a fiscal impact, the tourism industry is believed to contribute 17% of the state's General Fund Revenues. The findings conclude that "If the Metro -Phoenix r izion is to continue to do well as an economv it will have to maintain and/or improve its position as a tourist destination."* Although the tourist industry has been suffering since the 2001 events, there is a positive outlook for the region to meet this challenge. According to the nationally recognized Lodging Econometrics report, Phoenix has a unique market position and the low lodging supply trend, after the last year's surge of 2,300 hotel rooms, will benefit the area more than others. Thereby, while the general industry recovery is projected by 2007, the Phoenix market is expected to bounce back even faster." This appears to be great news for Fountain Hills, with their ambitious plan to quadruple the Town's lodging inventory by 2006, as analyzed further in this Study. The cyclical nature of tourist industry has been well known. If this cycle proves to be right, and the Town does its homework in supporting the planned development and marketing itself as a worthy new destination, the timing could not be better. • Source: Elliott D. Pollack & Co. for Arizona Office of Tourism • Source: The Business Journal, Phoenix 2. Direct Financial Benefits Fountain Hills' lodging inventory currently stands at 169 rooms, with a potential of 61,800 room -nights per year. Visitors spent about 38,000 room -nights in the town during 2002, resulting in approximately $3.3 million in room revenue alone. 2 For the fiscal year of 2002, the Town of Fountain Hills is estimated to have collected over $90,000 in bed tax and $270,000 in sales tax from the existing lodging and golf facilities. Based on available information, the above aggregate income represents 8.4% of the total annual tax income of Town of Fountain Hills, and amounts to 1.6% of the total revenues collected by the Town for 2002. The three major lodging facilities (CopperWynd, Southwest Inn and Comfort Inn) contributed over $80,000 in sales tax and about $90,000 in bed tax to the Town's General Fund. Sales tax totals collected by the Town from the three public golf establishments (Eagle Mountain, Sunridge Canyon and Desert Canyon) amount to approximately $188,000. The bed tax rate in the Town of Fountain Hills is currently at 3%. The highest local bed taxes in the state are 4 %, charged in Eloy, Cave Creek, Sierra Vista, Nogales, and Wilcox. At present, Fountain Hills check-out rate (aggregate tax on accommodations) is 11.87%. The percentage jumped to 12.87% on April 1. The highest state check-out total tax rate is 13.77 %. Having assessed the desire for a generator of additional promotional funds versus the market need to remain competitive, the Tourism Council recommends leaving the town bed tax at its current level, and remove the 1 % temporary tax as soon as possible. The Tourism Council understands the recent increase of Fountain Hills sales tax as an interim measure to help bridge the budget deficit and supports it as such, with the understanding that the rate would drop back to 1.2% once fire services grants and/or other mechanisms are in place. At such point, the aggregate state & town sales tax rate should not exceed 7.5%. 3. Indirect Benefits Tourism generates over $1 billion annually in the Arizona state budget. Following is an overall breakdown of visitor expenditures according to the Arizona Office of Tourism (AOT): Rooms 30% Food 29% Shopping 19% Entertainment 14% Other 8% According to statistics from AOT, approximately 35 cents is spent on other purchases for every dollar spent on lodging. Since the quantity and standards of local restaurants and 3 retail network are limited, and since visitors lean toward spending time in Scottsdale as a renowned destination, we suggest that the spending in Fountain Hills might rather be closer to 20 cents on a lodging dollar. This ratio should improve as the Fountain Hills downtown infrastructure improves and as more attractions are added to both the town and the adjacent lands, namely the Yavapai Nation and Salt River tribal communities. Based on the current revenues and the above assumptions, the yearly local spending of the vacationers staying in the existing lodging facilities as of now stands at over $1 million. Fountain Hills has always enjoyed a highly positive impact on its visitors. Rather than one-time visitors including those attending the annual fairs, it is the vacationer spending a night or more in the town who is likely to make a long-term commitment to the community. According to real estate agents, approximately 20 to 30 percent of vacationers to Fountain Hills have purchased either first or second homes in the area. The average size of a house/apartment purchased by a vacationer is 2,200 square feet, at a median price of $285,000. Considering that about 1 out of 4 purchases of a home by avacationer pertains to a newly built home versus a resale, Town of Fountain Hills collects a sales tax of almost $3 million from this resource. 4. Additional Benefits One in five jobs is impacted statewide by tourism. As of today, the tourism community (ie, hotels, bed and breakfasts, restaurants, golf clubs, tour and travel companies, rental car, and transportation services), in Fountain Hills employs approximately 600 people. Planned expansion of existing lodging facilities (namely CopperWynd) will provide approximately 160 additional jobs. Add to this the newly planned hotels and resorts (Hilton Resort, Holiday Inn, Amerihost Inn), and this number increases to almost 1360 permanent employment opportunities. It is estimated that by 2005, tourism will employ over 1500 people (full and part time) in Fountain Hills. Fountain Hills has been perceived as an upscale residential community. This premise, combined with the upscale image of Scottsdale, provide for premium real estate and also higher room rates, restaurant and retail prices. In turn higher pricing results in greater tax base collected. This image of the town must be cultivated and promoted. There is no more efficient tool for such efforts than tourism. The experience of visitors to Fountain Hills will establish the level of the town's perception and will be a major determinant of the town's image to outsiders. With the planned new inventory of hotel rooms in mid -scale to luxury level, with the existing golf amenities and all local attractions, the town will have the material 4 base of more than 750 hotel -type rooms to host over 110,000 tourists and other multi -day visitors. Third -party feasibility studies support these numbers as a realistic outlook which may happen within 3 years from present. It should be in the Town's interest to maximize on this capacity by adding a centralized and well -coordinated promotional plan to the individual marketing efforts of the individual establishments. Such a campaign will assure a consistently improving image of Fountain Hills and thereby generate following secondary effects: a. real estate property appreciation b. a more efficient use of existing community investments (River of Time Museum, Community Center, Fountain Hills Theater etc.) C. inspiration to new businesses, namely restaurants and specialty stores d. enhanced quality of living to existing residents 5 Destination Promotion and Marketing Status Unlike in most other countries of the world, destination marketing, or tourist promotion in the United States has always been a responsibility of the state and local administrations. Although every $1 spent on tourism promotion is believed to return $7 in total tourist - related revenue*, Arizona has been historically under -funded. At the time when even the national government recognizes the importance of incoming travel revenues and for the first time ever allocates funds for national tourist promotion, Arizona ranks only 29th in the nation. Its annual state tourist budget of $9 million not only compares poorly to the average budget of top twenty states ($22 mil.) yet is under further jeopardy as the state legislature considers further cuts. A zoom -in on Fountain Hills provides even a gloomier picture. Funding has dropped to a minimum, by a far more than fair percentage compared to other town budget items. No town authority is officially in charge of the towWs destination marketing. No permanent employment positions have ever been created for such a purpose. There is no member of the staff or the Town Council with a supervising responsibility, not to mention a qualified professional. Citizens, and small local businesses in particular, are turning to the Chamber of Commerce and non-profit organizations demanding a coordinated town promotion - and fail because these entities lack the budget and manpower as well. • Source: Arizona Office of Tourism 5 6. About The Fountain Hills Tourism Council The Fountain Hills Tourism Council was originally started as a committee of the Fountain Hills Chamber of Commerce, with support from representatives of the tourism community. The members were seeking a way to combine efforts with the town or a town entity to promote Fountain Hills, thus improving business for all travel related companies including but not exclusive to hotels, golf courses, restaurants and retailers. The committee was formed in February 2001, with an executive board of 13 members, who in the first year, mapped out an initial marketing program and budget. The first year's budget was generated from a combined contribution of funds from the Chamber of Commerce, the town, and the Arizona Office of Tourism grant program. The promotional program included the key elements of collateral, advertising, and public relations. Collateral materials and a press kit were developed to help spread the word about all the unique and exciting benefits Fountain Hills has to offer travelers. An advertising campaign was launched which to date has produced 7,402 responses, including almost 300 inquiries from abroad. A close affiliation with Scottsdale Convention & Visitors' Bureau was formed with tangible benefits (see Section 7). Initial contacts with PR companies and press were established as the grounds for future PR activities. Some of the Council's plans unfortunately felt victim to the FY 2002-03 budget cuts (see Section 8). 7. Destination Marketing Proposal Fountain Hills Tourism Council is willing to assume responsibility for destination promotion and other marketing activities for the Town until such time as the Town Government is able to put a full time department in place to accomplish these goals and objectives. It is our position that the current Tourism Council members, with some highly experienced and recognized tourism professionals among them (see Exhibit), are qualified and eager to undertake this task. Because we presume that the Town is not currently in a position to create a permanent position or staff with the same level of credential and experience as the Tourism Council in the near future, it is our hope that this initiative presented by the Tourism Council will be welcomed by both the Town government and the town citizens. If this initiative meets with the support of The Town Council, it is recommended that the lines of responsibility and accountability for a comprehensive marketing plan submitted by Tourism Council be established on an annual basis. The Tourism Council is realistic about the funding possibilities of the Town in its current fiscal state. Efficiency of the contemplated marketing tools should offset the relative modesty of the budget. Among its membership, the Fountain Hills Tourism Council combines some unique professional qualifications, including CEO positions at Arizona R Office of Tourism, national and regional tourist offices, regional hotel associations, experienced directors of marketing in the tourism field, etc. The commitment of the Tourism Council discussed in this proposal is, of course, based on the premise of an adequate budget to launch and eventually expand a proper marketing campaign. Short and longer -term budget suggestions are covered in Section 8. With the significantly reduced tourism budget for 2003, the members of the Tourism Council agreed that the membership in Scottsdale Convention & Visitors Bureau is the most valuable advertising tool and elected to spend $30,000, out of the $37,000 trimmed budget total, on the required membership fee as a most efficient promotional vehicle. The value from such an association can be documented by the following comprehensive evaluation: Scottsdale CVB Member Participation Benefits for Fountain Hills Report -January 2001 through Present* Public Relations SCVB generated public relations impressions: 104 million SCVB generated public relations editorial value: $6,650,000 Properties included: Copperwynd Resort & Club: 41 articles Southwest Inn and Golf Club at Eagle Mountain: 70 articles SunRidge Canyon Golf Club: 42 articles We-Ko-Pa Golf Club: 24 articles Out of Africa: 9 articles Cooperative Advertising Overall Advertising Reach/Circulation: approx. 2,005,632 people Golf: SunRidge Canyon, Eagle Mountain and We-Ko-Pa golf clubs participated with the SCVB in co-op advertising in numerous golf publications including Arizona Fairways, Golf World, Scottsdale Golf Guide and the Scottsdale Swing newsletter. Additional participation included on-line promotions with The Golf Channel and The Scottsdale PING Thing. Leisure: Groups: Copperwynd supplied packages for the Chicago Tribune Festival of Lights Program and Gourmet Gateways. They consistently participate in seasonal packages featured on-line. In the past year CopperWynd booked 3 groups totaling 166 room nights and $47,000 revenue from leads generated by SCVB. 7 Scottsdale Swiniz at Eagle Mountain (April 1-7, 2002) SCVB invested approximately $150,000 to stage a Canadian Tour professional golf event. The Golf Channel provided 41 hours of live and replay coverage. Used graphics identified the location as "Fountain Hills/Scottsdale". Discover Scottsdale The Official Destination Guide to Scottsdale, a directory of SCVB members in the hospitality industry, has 23 pages that reference Fountain Hills. Two hundred thousand (200,000) copies of this guide are printed for distribution as a fulfillment piece to meeting planners and leisure travelers annually. * Source: Scottsdale Convention & Visitors Bureau The aim of the Tourism Council is to establish high criteria of marketing efficiency similar to those presented above. The marketing campaign should be conducted as a destination promotion focusing on a national traveler, promoting a special interest (golf, eco-tourism and more particular) while allowing an exposure to regional and local day- trippers. Advertising will target both the consumer and trade/association segments, on a nationwide basis, through proven media and publications. A compatible response database will be strictly demanded from the publications/media and will be available to interested parties for individual follow-ups. The value of budgeted advertising dollars will be multiplied through AOT and other available grants. Due the value of the Scottsdale Convention and Visitors Bureau joint programs, as documented above, membership fees will remain a significant line item of the budget. Other memberships, less costly, may be considered if they provide benefits not available through individual efforts. Public relations represent a category deserving the highest focus, utilizing the unique qualifications of the Tourism Council members and their experience. The Council recognizes the various forms of public relations as a most rewarding promotional tool. Activities of particular interest include hosted press trips and other familiarization events, free editorial coverage solicited through a consistent press -release program, free or nominal fee listings, a systematic build-up of media relationships and all other forms of a positive image development. These efforts will involve Fountain Hills Chamber of Commerce (which has already created a channel for PR coordination) and the Town Staff. Publishing of own promotional material (brochures, folders, maps) will continue. Published literature, or all collateral material, should be as general as possible, avoiding the necessity of frequent updates and allowing more attention to effective distribution. A coordination team should be established to recommend activities for other segments of industry (public facilities, retailers, restaurants, vendors) to complement the Tourism H1. Council's production with the aim of creating a seamless marketing impact. Same philosophy shall apply to website promotion and on-line advertising. Trade shows, workshops and other multi -destination events will be considered only if participating under an umbrella of Scottsdale CVB or other cost-efficient forms. The Tourism Council acknowledges the value of joint marketing. For many of the above activities, co-sponsors will be sought and a fee -based participation of individual members may be solicited and promoted. 8. Proposed Budget Structure In the first year of the Tourism Council's existence, 2001/2002, the budget was set at $76,234 which included fees for association with the Scottsdale Convention and Visitors Bureau, independent marketing efforts and matching funds for the grant program. Based on its genesis and the first successfully completed financial year, the Fountain Hills Tourism Council entered the 2002/2003 fiscal year with a budget in the amount of $89,565. With the deteriorating financial condition of the town, this budget was cut to $65,898. Because of these cuts, some important line items were completely eliminated. Most noteworthy among them, a planned press trip for travel journalists, a very proven and efficient PR vehicle, was cancelled as a result. For the next fiscal year, a further reduction was suggested by the town government, trimming the budget to $37,000 only. Such a cut would not only freeze all activities and limit them to SCVB membership only, it would technically disrupt the very existence of the Tourism Council and make any previous efforts a waste. 66 Assuming the Town's acknowledgement of the importance of the tourism industry for the future of the community, the Tourism Council proposes to start a long-term and planned destination marketing campaign with the following minimum budget for fiscal year 2003/2004: Proposed Marketing Plan 200312004 AOT Team Grant Program Media Date Total Cost GrantA Town Official State Visitors G. Winter $6,000.00 $3,000.00 $3,000.00 AZ Drive Guide Summer $986.00 $493.00 $493.00 Golf Magazine November $2,116.00 $1,058.00 $1,058.00 Midwest Living Nov/Dec $6,220.00 $3,110.00 $3,110.00 AZ Vacation Guide Fall $6,190.00 $3,095.00 $3,095.00 AZ Vacation Guide Fall $2,060.00 $1,030.00 $1,030.00 AZ Vacation Guide Spring $4,700.00 $2,350.00 $2,350.00 AZ Vacation Guide Spring $1,656.00 $828.00 $828.00 Grant Appl. Subtotal $29,928.00 $14,964.00 $14,964.00 Town Budqet Onl Other Advertising $6,000.00 $6,000.00 Ad Production $1,000.00 $1,000.00 Photo Licensing $500.00 $500.00 Brochure Printing $3,500.00 $3,500.00 Stationery $600.00 $600.00 Fountain Hills Maps $250.00 $250.00 Public Relations $25,000.00 $25,000.00 AZ Tourism Alliance $250.00 $250.00 Fulfillment Services $2,000.00 $2,000.00 Postage $3,000.00 $3,000.00 Airport Brochure Distrib. $1,100.00 $1,100.00 Scottsdale CVB Program $30,000.00 $30,000.00 Total Tourism Budget $102,128.0 $14,964.00 $87,164.00 The dollar amount proposed above as the Town's Budget represents 0.58% of the town's overall fiscal budget, or 0.33% of total annual budgeted Town's expenditures. Considered as a portion of the total sales and bed tax revenue generated, it is a 24% capital reinvestment. Although modest, the budget, if approved, will enable to resume the advertising campaign, conduct the planned press trip and lay grounds to a fundamental PR impact. 10 In the following years, the Tourism Council's budget should consolidate as follows: Proposed Marketing Plan — 2-5 Years Out AOT Team Grant Program Media Date Total Cost Grant Town select media TBD TBD $31,796.00 $15,898.00 $15,898.00 Town Budget Onl Advertising - Press $13,000.00 $13,000.00 Advertising - Other Media $5,000.00 $5,000.00 Ad Production $1,500.00 $1,500.00 Photo Licensing $1,000.00 $1,000.00 Brochure Printing $3,500.00 $3,500.00 Stationery Reprint $600.00 $600.00 Other Printed Materials $1,000.00 $1,000.00 Public Relations Firm $25,000.00 $25,000.00 Trade Shows $10,000.00 $10,000.00 Travel Expenses $2,500.00 $2,500.00 Fulfillment Services $2,000.00 $2,000.00 Postage $2,500.00 $2,500.00 Airport Brochure Distrib. $1,100.00 $1,100.00 Memberships $500.00 $500.00 Admin. & Miscellaneous $1,000.00 $1,000.00 Scottsdale CVB Program $30,000.00 $30,000.00 Total Tourism Budget $131,996.00 $15,898.00 $116,098.00 Should the town's financial position show marked improvement, an optimum budget allowing a consistent exposure should increase according to the following proposal: Fountain Hills Tourism Marketing Plan - Optimum Impact Version AOT Team Grant Media Total Cost Grant Town select media TBD $40,000.00 $20,000.00 $20,000.00 11 Town Budget Only Advertising Press $25,000.00 $25,000.00 Advertising Other Media $8,000.00 $8,000.00 Ad Production $2,500.00 $2,500.00 Photo licensing $1,500.00 $1,500.00 Brochure printing $3,500.00 $3,500.00 Stationery reprint $750.00 $750.00 Public Relations Firm $30,000.00 $30,000.00 Trade Show Materials $5,000.00 $5,000.00 Trade Shows $10,000.00 $10,000.00 Trade Show Travel costs $5,000.00 $5,000.00 Other memberships $500.00 $500.00 Fulfillment Services $2,500.00 $2,500.00 Postage $3,000.00 $3,000.00 Airport Brochure Distr. $1,100.00 $1,100.00 Concierge Broch. Distr. $1,200.00 $1,200.00 Admin. & Miscellaneous $2,000.00 $2,000.00 Scottsdale CVB Program $30,000.00 $30,000.00 Total Tourism Budget $171,550.00 $20000.00 $151,550.00 10. Summary Fountain Hills is on the verge of a major expansion of its tourist base. Assuming that the already approved lodging projects materialize as planned, and support the general expectation of the revival of the travel & hospitality industry in the later part of 2004, the following is an impressive yet realistic projection of the actual impact tourism can have on the well being of our community: Direct Taxable Revenues from Tourism Present Projected — 2006 Index Hotel Room Inventory 169 750 4.44 Occupancy 63% 63% 1.00 Room Nights Occupied PA 38861 172462 4.44 Average Daily Rate $85 $122 1.47 Room Revenues $3,300,000 $21,090,000 6.39 F&B & Other Revenues $1,730,000 $6,300,000 3.64 Total Lodging Revenues $5,030,000 $27,390,000 5.44 12 Golf Revenues $11,750,000 $14,805,000 1.26 Other Local Spendings $1,006,000 $5,478,000 5.45 Total $17,786,000 $47,673,000 2.68 Income to the Town of Fountain Hills (General Fund Proceeds) Present Projected — 2006 Index Bed Tax $90,000 $633,000 7.03 Sales Tax - Lodging Only $80,000 $438,000 5.48 Sales Tax — Golf $188,000 $237,000 1.26 Indirect (Tax on Other Spendings) $16,000 $88,000 5.50 Total $374,000 $1,396,000 3.73 11. In Conclusion In the opinion of the Tourism Council the above dramatic impact will not, of course, occur without the Town's public support. Indeed, it is our belief that this moment t represents an historic opportunity for the Town Council and the people of our community `'•• to put in place plans that will ensure a positive, viable and very sustainable future economic basis. ,.. The Tourism Council has prepared this Study with the objective to prove the tremendous impact of tourism on the economy of those communities which promote it. Tourism will benefit the prosperity of local businesses, local infrastructure and real estate. It will provide more effective utilization of public and private facilities already in place and improve their efficiency. As an "export industry", it will create new jobs and, unlike any local industry, bring in tax and other revenues from beyond the community. Finally, it will spur future development of new upscale outlets and services and enhance property values. If the pro -tourism policy is adopted in general, the Town Council needs a steward of a consistent marketing and promotional campaign. We submit a realistic and feasible working plan, with identified needs and responsibilities, utilizing the members' experience, commitment and volunteerism. The Town Government is asked to acknowledge its understanding of the impact of tourism on the community, issue its commitment to promote the town as a tourist destination and approve the Tourism Council's proposal for the ensuing financial year marketing budget. An anticipated positive ruling will inject new enthusiasm in the 13 Fountain Hills business community. The public should perceive the approval as the town's high -yield investment in a desirable future. FOUNTAIN HILLS TOURISM COUNCIL MEMBERS 2002-2003 Roxanne Boryczki Ms. Roxanne Boryczki, past -chairperson of the Fountain Hills Tourism Council, is the owner of Arizona Trails Reservation Service, a travel planning service company specializing in Arizona and southwest vacations, golf packages and small meetings. Arizona Trails Reservation Service is endorsed by the International Association of Travel Agents. Ms. Boryczki serves on the Board of Directors for the Arizona Adventure Travel Network and is the current secretary/treasurer. She has been a speaker at the Governor's Conference on Tourism, has made multiple presentations to civic groups on 14 travel in Arizona, and has conducted instructional seminars for small innkeepers. Ms. Boryczki serves on the Board of Directors for the Fountain Hills Chamber of Commerce, and was awarded the 2002 Businessperson of the Year Award. Ms. Boryczki received a Bachelor of Science degree in marketing from Central Connecticut State University. Rick Cibik Mr. Rick Cibik is the sales manager for Fort McDowell Adventures, the tribal enterprise that sits on 25,000 acres of spectacular Sonoran desert. Mr. Cibik's responsibilities include sales for two western event facilities; The Stables at Fort McDowell Adventures featuring the Verde River Trail Ride and general management of the western adventure property. Previously, Mr. Cibik was in food service management with ARAMARK and Marriott Corp. He has owned and operated his own drive-in restaurant in Cleveland, Ohio. Samantha Coffman (Treasurer) Ms. Coffinan is the Events & Marketing Coordinator of the Fountain Hills Community & Event Center and has occupied this position since the Center opened in September 2000. She is responsible for marketing strategies, event planning and facility bookings. Ms. Coffinan is the Town of Fountain Hills representative on the Tourism Council. Prior to joining the Center, Ms. Coffinan was an event producer for Four Seasons Catering and spent several years as a corporate training manager for Lone Star Steakhouse & Saloon. Samantha holds a Bachelor of Science degree from Southwest Missouri State University in Springfield, Mo. She is a member of the Phoenix Convention & Visitors Bureau, National Association of Catering Executives, North Valley Event Network, and Meeting Professionals International where she serves as co-chair of the membership committee, and is listed in the "Who's Who of Professional Management". Frank Ferarra Mr. Frank Ferarra is Executive Director of the Fountain Hills Chamber of Commerce. Prior to that, for 32 years Mr. Ferarra was Civilian Deputy Director for foreign military sales in the United States Department of Defense (Army Section). Jay Haffner Mr. Jay Haffner is the director of golf at SunRidge Canyon Golf Club in Fountain Hills, responsible for overseeing all operations of the golf club. After serving two years as director of golf at Sanctuary Golf Club at Westworld in Scottsdale, Mr. Haffner returned to SunRidge Canyon Golf Club in October 2001, where his career with SunCor Golf began. Prior to Sanctuary, he was the head golf professional at SunRidge Canyon for two years after serving as an assistant professional for two years. Originally from Broomfield, Colorado, Jay Haffner graduated from Southwestern College in Winfield, Kansas in 1991 with a degree in business administration. He is a Class "A" member of the Professional Golfers Association (PGA). Tracy Herbst (Secretary) Ms. Tracy Herbst is VP Marketing for Platinum Golf Properties, a golf course management company with a portfolio that includes the Golf Club at Eagle Mountain. 15 Ms. Herbst is a veteran of golf marketing and has been involved with the Golf Club at 1%W Eagle Mountain since 1996 as its Director of Marketing. Prior to Eagle Mountain, Ms. Herbst was involved in advertising sales with a specialty in resort and real estate marketing for golf publications. Ms. Herbst serves on the Golf Advisory Board for the Scottsdale Convention and Visitors Bureau and is a member of the Phoenix Advertising Club. Ms. Herbst received a Bachelor of Science degree in marketing from the University of Oregon. Vladimir Hulpach (Chairman) Mr. Vladimir Hulpach is principal owner and President of Fountain Vista Properties, a development company based in Fountain Hills, AZ. His international career spans from Prague to London and New York. Professional highlights include chief organizing responsibilities of Travel Agents' Association (UFTAA) and International Hotel Association (IHA) world congresses in 1989 and 1990, President/CEO of Cedok (Czech National Tourist Office in New York) between 1991-1995 and other executive and board positions with travel and hospitality -related national and international organizations (American Tourism Society, Eastern & Central Europe Travel Board). His hotel development experience includes the 756-room Prague Hilton and the planned Hilton Fountain Hills Resort project. Mr. Hulpach serves on the Board of Directors of other Fountain Hills organizations such as Chamber of Commerce, Sunridge Foundation and Plat 208 POA. Phyliss Kern Ms. Phyliss Kern is an Associate Broker with Coldwell Banker Success Realty and the owner/Innkeeper of the Phylician Bed and Breakfast in Fountain Hills. A resident of Fountain Hills for nearly 25 years Phyliss is an active member of the community and has participated in numerous town boards and committees in such positions as Co -Chair - Realtor MLS Meetings 1988-89, Vice President - Plat 208 POA 2000-2001, Chair - Building Committee for the Fountain Hills Chamber of Commerce Building, Sponsor - PopWarner Little League etc. Ms. Kern is an active member of the Presbyterian Church and has made numerous donations to the Fountain Hills Library, Defibrillator Program, Fountain Hills Charter School, and the Sunridge Foundation. Jeff Lessig (Vice Chairman) Mr. Jeff Lessig is the Director of Golf for We-Ko-Pa Golf Club, just east of Fountain Hills and adjacent to Fort McDowell Casino. He currently serves on the Executive Board for the Scottsdale Convention & Visitors Bureau and chairs that organization's golf committee. Previously, Lessig was director of golf at SunRidge Canyon Golf Club in Fountain Hills. During Lessig's six years with SunRidge Canyon, the golf club received national acclaim from Golf Magazine's list of "Top 100 Courses You Can Play in the US." From 1999 through 2002, he served as national chairman of the Communications and Public Relations Committee for the PGA of America. He has also served as president of the Southwest Section of the PGA from 1997-1998. In 1999, Lessig was named the Southwest Section PGA Professional of the Year for his work in developing new youth programs and promoting the Southwest Section PGA on a national level. 16 Mark McDermott Mr. Mark McDermott is a career organization manager in the field destination marketing. Currently operating as an independent marketing and management consultant, he most recently served for seven years as the Agency Director of the Arizona Office of Tourism. Prior to that he served in senior executive roles in the destination marketing organizations for Fort LauderdaleBroward County, Florida; Boston, Massachusetts; Albany, New York; and Buffalo/Niagara, New York. McDermott has served in national, regional and statewide leadership capacities including the boards of directors of the Travel Industry Association of America, National Council of State Tourism Directors, Western States Tourism Policy Council, and statewide tourism associations in Arizona, Florida, Massachusetts and New York. McDermott received a Bachelor of Science degree in tourism from Niagara University, and a Certification in Organization Management from the Chamber of Commerce of the United States and University of Notre Dame. He resides in Fountain Hills, Arizona. Nancy Shina Ms. Nancy Shina is General Manager of Inn at Eagle Mountain in Fountain Hills. The Inn is associated with Grace Hospitality Group. Ms. Shina is a 20-year veteran in the hospitality and tourism industry. Prior to joining Grace Hospitality Group she owned her own company specializing in marketing solutions for hospitality, tourism and technology companies. She has served the Travel Industry Association, Arizona Tourism Alliance, Hotel Sales & Marketing Association, Network of Executive Women in Hospitality - Arizona, and is listed in "Who's Who in the West". Sam Trivedi Mr. Sam Trivedi is the developer and general manager of the Comfort Inn Fountain Hills. Mr. Trivedi is a 12-year veteran in the hospitality and tourism industry. He has a Masters degree in Mechanical Engineering from California State University, Los Angeles. He is also "CORE" Certified from Choice Hotels International. His motto is to be rich in heart and live a pure and ethical life. Don Weintraub Mr. Weintraub is General Manager of CopperWynd Resort & Club in Fountain Hills. He is a 25-year veteran of the hotel and resort industry, having prior associations with Sheraton Hotels (6 years) and Princess Hotels International (15 years). Mr. Weintraub serves on the Board of Directors of the Scottsdale Convention and Visitors Bureau, the Valley Hotel Resort Association, Hospitality Sales & Marketing Association, and previously served as Chairperson of the Scottsdale Chamber of Commerce Marketing, and Visitor Industry Advisory Committees. He also owns a hospitality consulting firm called Grapevine, L.L.C., having provided services for such prestigious properties as The Woodlands Resort & Conference Center, The Woodlands, Texas; Half Moon Resort, Montego Bay, Jamaica; and the St. Regis Monarch Beach, Dana Point, California. Weintraub graduated Cum Laude with a BFA from University of Bridgeport, Bridgeport, Connecticut. 17 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 PTA fTOWN OF F(�iTNTATN HTT T.� STATE APPLICATION NO. 10074699 COUNTY OF MARTC'nPA , ARIZONA. g}TY/TOWN/COUNTY NO. 1 1 6 ORDER NO, At ar-T,T TA meeting of the FH TOWN COUNCIL (Regular or (Governing Body) of they&ty Town/County Of FOUNTAIN HILTS, held on the 1 Sth day of JANUARY 9003_ the (Day of Month) (Month) (Year) Application of Rc)hart 7i-ffi-rz.Bentoi for a license to sell spirituous liquors at the premises described in Application No. 10 0 7 a tia 6 a - License Class # was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Robert- ,TPffLary Bent-nn is hereby recommended for approval (approval/d�I) 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. A3IX7OWN/O3 CLERK This 1 5th day Of January 2004 (Day of month) (Month) (Year) Disabled individuals requiring special accommodations please call the Department lic 1007 0811997 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress n 150 Phoenix AZ y85007-2934 - Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 1 2 / 2 / 0 3 Date of Posting Removal 12/22/03 Applicant Name: Benton Robert Jeffery Last First NIIddle Business Address: 16825 E. Shea Blvd Fountian Hills, AZ 85268 Street City Zip License #: 10074699 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender mown Clerk 480/837-2003 Print Name of City/100fficial Title Telephone # 1 /1 5/04 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 Lic0119 03/1999 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 10, 2003 FR: Tom Ward Director of Pub RE: Target Store #1432 Liquor License Application 41 Robert Jeffery Benton is requesting Council approval of a new Class 10 liquor license for Target Store #1432 located at 16825 E. Shea Blvd. A Class 10 license allows retail sales for beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. Public Works and MCSO have reviewed the application. It meets the statutory requirements for a Class 10 liquor license. The applicant is an Arizona resident and there are no outstanding wants or warrants The business has a current Town business license. ►► Based on statutory compliance and a favorable recommendation from MCSO, staff recommends approval. .E \\earth\BBrannon\Liquor Licenses\Staff Memos\Target Store #1432 License Application.doc MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: Tom Ward From: Galen Reifschneider #960 Director of Public Works Special Events Coordinator Town of Fountain Hills Fountain Hills Subject: Liquor License — Target Store #1432 Date: December 01,2003 M. Arnaio. Sheriff The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the Target Store # 1432, located at 16825 E. Shea Blvd. It is my understanding that this item will be reviewed by the Council at their January 15, 2004 meeting. Background Investigation: This application is for an existing Class 10 liquor license under the specifications of ARS 4-206.01. A Class 10 license is a non -quota license, leaving the question of proliferation up to the local entities. A class 10 license, according to ARS 4-206.01, which is generally issued to convenience stores and allows only sale of beer and wine for consumption off the premises. This is further defined in Town Code R19-1-209, which specifically prohibits alcohol consumption from open containers on the premises. The liquor department requirement for a class 10 license does not put a formal restriction on the number of nearby retailers, bars and restaurants. Rather, they leave the decision on the number of liquor sales outlets to the local jurisdiction. A class 10 license is not exempt from the 300' rule regarding churches and schools; however, there are none in the immediate area. The "Target Store #1432" is under the corporation ownership of the Target Corporation. The District Manager of Arizona as listed is a resident of Arizona. He is listed as the Liquor license agent for Target. The corporate officers, as listed, are all non-residents of Arizona. We have verified the agent making application is Robert J. Benton, a Goodyear resident. In addition, he has no outstanding wants or warrants, at this time. Finally, the Target Corporation, doing business as Target Store #1432, has had a valid Fountain Hills business license. Recommendation: Based on compliance with Title 4 relating to the Class 10 liquor license, the fact that the applicant -agent is an Arizona resident with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval by the Town Council at their January 15, 2004 meeting. 5000-135 R10-93 (MW97 0.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL' I 800 W Washington 5th Floor ` DL L C 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 � �' (602) 542-5141 rw(520) 6RE NO COVED Y ;S � 1. 1, l APPLICATION FOR LIQUOR LICENSE ficr, _ R ?rill^v I TYPE OR PRINT WITH BLACK INK MBMAIN HILLS Notice: Effective Nov. 1, 1997, All Owners, Aeents, Partners, Stockholders, Officers, or Managers actively involved inT{lZaiffav operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. 7 _. 1 SECTION 1 This application is for a: ❑ INTERIM PERMIT Complete Section 5 21 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATEMLL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: 1 �- SECTION 2 Type of ownership: p ElJ.T.W.R.O.S. Complete 6 ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 INCORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain LICENSE #: ) 0 0,,'7q & 9 g 1. Type of License: 410 2. Total fees attached: $ 100.00 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. 1. Applicant/Agent'sName: Ms. Benton (Insert one name ONLY to appear on license) Last �M Jef Middle 2. Corp./Partnership/L.L.C.: Target Corporation (dba Target Stores, Inc.) (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: Target #r1432 (Exactly as it appears on the extenor of premises) 4. Business Address: 16825 E. Shea Blvd. Fountain Hills Maricopa 85268 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:( 480 837-8557 Residence Phone: (602 ) k►t.l,, �j 6. Is the business located within the incorporated limits of the above city or town? EYES ❑NO 7. Mailing Address: 1000 Nicollet Mall, TPN-910 Minneapolis M[1 55403 City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ n/a (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: Date Lic. # Fees: Application Interim Pen -nit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC010005rzo03 *Disabled individuals requiring special accommodation, please call (602) 542-9027. CTION 5 Interim Permit: 1. If you int to operate business while your application is pending you will need an Int�ynlPe�rrlit pursuant to A.R.S. 4-203.01. 2. There MUST be a id license of the same type you are applying for currently issued to the llotic�ation. 3. Enter the license number cu of at the location. ' , 4 4. Is the license currently in use? ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED THE LOCATION TO THIS APPLICATION. I° declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. X (Signature) My commission expires on: EACH PERSON I. Individual: Last State of _-� The foregoing Day _ County of was acknowledged before me this (Signature of NOTARY PUBLIC) Year Individual or Partnership Owners: �ED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. First I., Middle % Owned Partnership Name: (Only the first partner listed will appea n license) General -Limited t air P;— AA;AAI- Residence Address Citv State -- - es t ence A I-b L-Ity Mate Li n n �11 ❑ ❑ T7 ❑ ❑ 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ N If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address Ciry State 2 k SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. II CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: Target Corporation (dba TQUf, Stores, Inc.) (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: 2/11/1902 Zoo] Nov 21%re nPorgorate¢ Organized: Minnesota 3. AZ Corporation Commission File No.: F-0012136-6 Date authorized to do44business in AZ: 4/19/1968 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES LNNO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip See attached. (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: I ast Fiat Middle % Owned Residence Address Citv State Zin Publicly traded corporation % °r. (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 Applicants: EACH PERSON LISTED MUST SORMLT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, gl S tax exempt number: 3. List officer and directors: Last First Middle Tide esidcn Date Chartered: (Attach a copy of Club Charter or Bylaws)) Address (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 City State SEGTT@N Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) st First 2. Assignee's Name: r% Last Fi 3. License Type: License Number: Last Renewal: — 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PT%y]k j ISn7 Bi�Oi4 FN U DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTI vernment: (for cities, towns, or counties only) 1. Person to administer this license: Last 2. Assignee's Name: Last TE First First S TION 11 Person to Person Transfer: Question to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licens 's Name: (Exactly as it appears on h rise) Last First Middle 2. Corporation/L.L.C. Na (Exactly as it appears on license) 3. Current Business Name: as it appears on license) 4. Current Business Address: 5. License Type: 6. Current Mailing Address (other than business): License N Middle Middle Entity: (Indiv., Agent, etc.) Last Renewal Date: VED. 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfe . ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this applicat and hereby declare that the statements made in this section are true, correct and complete. I, (Print full name) declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER, STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are e, correct and complete. State of County of X (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledge fore me this My commission expires on: 4 Day (Signature of NOTARY PUBLIC) Year M., R TARGET CORPORATIOt L L C Directors: ZOO] NOV 2 5 P 1: 4 2 NAME TITLE Roger A. Enrico Director William W. George Director Michele J. Hooper Director James A. Johnson Director Richard M. Kovacevich Director Anne M. Mulcahy Director Stephen W. Sanger Director Warren R. Staley Director George W. Tamke Director Solomon D. Trujillo Director Robert J. Ulrich Director Roxanne Austin Director Cal Darden Director Elizabeth Hoffman Director Officers: Linda L. Ahlers Executive Officer Todd V. Blackwell Executive Officer Bart Butzer Executive Officer Michael Francis Executive Officer John D. Griffith Executive Officer James T. Hale Executive Officer Diane L. Neal Executive Officer Luis A. Padilla Executive Officer Douglas A. Scovanner Executive Officer Paul L. Singer Executive Officer GreggW. Steinhafel Executive Officer Gerald L. Storch Executive Officer Ertugrul Tuzcu Executive Officer Timothy R. Baer Officer Gail J. Dorn Officer Nathan K. Garvis Officer Susan D. Kahn Officer Tracy Kofski Officer Stephen C. Kowalke Officer Richard J. Kuzmich Officer Dale Nitschke Officer Jack N. Reif Officer Sara J. Ross Officer Erica C. Street Officer Jane P. Windmeier Officer 0828-002(20902) Organizational Chart of Target Corporation and Its Subsidiaries DLLC TR RG ET TARGET CORPORATION TARGET BRANDS, INC. 1 ROOFTOP, INC. STL OF NEBRASKA, INC. RETAIL PROPERTIES, INC. EIGHTH STREET TARGET STORES,INC. DEVELOPMENT COMPANY TARGET CUSTOMS BROKERS, INC. DAYTON DEVELOPMENT MERVYN'S, INC. COMPANY DAYT0N'S IRON HORSE DAYTON CREDIT LIQUORS, INC. =RETAILERS NATIONAL COMPANY N K, N A MARSHALL FIEL CHICAGO, . INC.BOULDER MERVYN'S BRIDGE I -f DEVELOPMENT LF- TARGET INSURANCE CORPORATION Mervyn's AGENCY, INC. Brands, Inc, jr BOULDER BRIDGE II SUPERTARGET LIQUOR DEVELOPMENT THE ASSOCIATED OF TEXAS, INC. CORPORATION MERCHANDISING CORPORATION SUPERTARGET LIQUOR BOULDER BRIDGE III OF C OL ORADO, INC DEVELOPMENT CORPORATION AM C Guatemala Sociedad SUPERTARGET LIQUOR Anonima OF MISSOURI, INC TARGET CAPITAL C OR PO RAT 10 N AMC DAYT0N'S COMMERCIAL Target Hondiras, SA. INTERIORS, INC. Receivabes Corporation AMC(t)Pb Ltd. TARGET CONNECT, INC. HIGHBRIDGE COMPANY singspors WESTBURY HOLDING Highbridge PFACREST C O M PAN Y Music Corporation Company AACREST MAYFAIR WINE & LIQUOR France Sari SHOP, INC. LGmbH Associated HCorporation Merchandising TARGET SERVICES, INC. Strata Merchandising, Ltd, London, Engf and I ON 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS OT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY T�StACTE. 1. Current Business Name an ess: (Exactly as it appears on license) ZUU3 NOV25 P 1: 42 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Re Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: i 5, 000 ft. Name/Address of school: Four Peaks School (Regardless of distance) 17220 Calaveras — Ftn Hills, AZ 85268 2. Distance to nearest church: 2, i nofa Name/Address of church: First Baptist Church (Regardless of distance) 10215 Saguaro Bl - Ftn Hills, AZ 85268 3. lam the: ❑ LESSEE ❑ SUBLESSEE M OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: N/A 4a. Monthly rental/lease rate $ N/a What is the remaining length of the lease? Yrs mos. 4b. What is the penalty if the lease is not fulfilled? $ N/A or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ —07 Does any one creditor represent more than 10% of that sum? ❑ YES ❑ NO If yes, list below. Total must equal 100%. (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) Retail Dept. store of general, food, personal and household merchandise and serivices. 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES ® NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? OYES ® NO 9. Is the premises currently licensed with a liquor license? ❑ YES ® NO If yes, give license number and licensee's name: (License #) 5 (Exactly as it appears on License) 1. Is there a valid Restaurant, or Hotel -Motel Applicants: hotel -motel liquor license at the proposed location? ❑ ' S F�O If yes, give licensee's name: and license Last First Middle II11 2. If the answer to Question I is YES, you may qualify for an Interim to �},44i�5out+appliLAWis pending; consult A.RS. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided a artment of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: 13 Entrances/Exits M Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. See attached. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 1 [n H N U -r-I Q I O rl p O © OI v O O O O it ii ii ==1 ii ili i ii ilro li ii i ii iirii ii u�u 11 III 11 n u n 11 n u I 11 /1 11 11 II, It 11 t IISI � • - �41i[pI u n u jjll`` 11 II 11 11 11 11 11 11 11 11 11 11 .'l�n: __�� •11 11 11 f■7 11 rl 11 11 11 11�11 11 11 11�11 11 11 11 11 _��- [ --= - - :�llliliiiZY7��"_, _ [.MAHE !II IN . brlC' ti'��i[1111'__�vv[l t7eE'' l PII l 1 1 P1.0.ti yyC71 1� . i � t .. � � — �••� F—. ...� Yyr� `�` JI' ., ii �� ► 1 II 11 JI II I --.-� � :r...l - _ m el ar ei al i IB IB IB �S 11� Aiu — arm* @AID - ��«-t+ M �H@ Q d5 _ _ - mmmm _ 13 M Mai m or OR ki� taG.�..�n. ! I t5 � Y9 @TIED OR rp gin eR91999IM99selMroe pa 1a1fo�a91 I� i 81AA918SISIQ916SiA®AA UOIZ9[®09i ' o- b _ St b b b b b •PUl)� 11 M N� U : L 84 N TYgiQQ'&-'* 143Z SECTION 16 Geographical Data: llp$ZS F- - S 4F q 4(yY plf�� -}ILLS 1 C"oJ, A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquo outlets within a one half mile radius of your proposed location - I. �E�� g&�1sz - tLAVKCri bLLC 2. *-r. '4) LLS C—ZILIF C,:.,t'LcE -1 -} tZ 3. CNOr- LI— K \fl 4. le EJM--u 0 b `S )2- 5. VI-AE AVCu 6 F C0we F- 8. 9. 10, 11, 12. 13. 14, 15, (ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: Jack Neil Reif officer I, declare that: 1)1 am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGENT listed in Section 4 Questions 1) this application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor, 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belied none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. In X (Sim) My commission expires on: �%i'1 2-Jos JOELLYN H. REINKE .� NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2005 State of ', C County of P�M 2f The foregoing instrument was acknowledged before me this 13 N6,4 eM k %D Day Month Year 7 (SipatiWe of NOTARY PUBLIC) AZ. CORP. COMMISSION DELIVERED MAR 2 4 Z000 FILED BY TERM 4 DATE z 00 DLLC I'M NOV 25 P 1: 42 Target Corporation (TN) Target Stores, Inc. (FI) F 0012136-6 I DO NOT PUBLISH THIS SECTION 1. The corporate name must contain a corporate ending which may be "corporation," "association," "company," "limited," "incorporated" or an abbreviation of any of these words. If you are the holder or assignee of a tradename or trademark, attach Declaration of Tradename Holder form. If your name is not available for use in Arizona, you must adopt a fictitious name and provide a resolution adopting the name, which must be executed by the corporation Secretary. 3. You must provide the total duration in years for which your corporation was formed to endure. If perpetual succession, so indicate in this section. Do not leave blank, or state not applicable. 5. The statutory agent address cannot be a P.O. Box. It must be a physical address in Arizona. Include City, State and zip code AZO45 - 82699 Cr System Online APPLICATION FOR AUTHORITY TO TRANSACT BUSINESS IN ARIZOTt L C The name of the corporation is: DnytonHudson Corporation A(n) Minnesota .)yUV P I:Qgporation (State, Province or Country) _ We are a foreign corporation applying for authority to transact business in the state of Arizona. We are a foreign corporation currently authorized to transact business in Arizona and must now file this Application for New Authority pursuant to A.R.S. § 10-1504 because we have changed the following in our domicile jurisdiction: ® Our actual corporate name (or the name under which we originally obtained authority in Arizona). O The period of our duration. • The state, province or country of our incorporation. 1. The exact name of the foreign corporation is: Target Corporation If the exact name of the foreign corporation is not available for use in this state, then. the fictitious name adopted for use by the corporation in Arizona is: Target Stores, Inc. (FN). 2. The name of the state, province or country in which the foreign corporation is incorporated is: 3. The foreign corporation was incorporated on the lithth day of February 19 02 and the period of its duration is: perpetual 4. The street address of the principal office of the foreign corporation in the state, province or country of its incorporation is: 777 Nicollet Mall Minneapolis, Minnesota 55402 5. The name and street address of the statutory agent for the foreign corporation in Arizona is: C T Corporation System c/o C T Corporation System, 3225 North Central Avenue Phoenix, Arizona 85012 DO NOT PUBLISH 5.a. The street address of the known place of business of the foreign corporation in Arizona THIS SECTION IF DIFFERENT from the street address of the statutory agent is: 03 NOV 5.b. The Annual Report and general correspondence should be mailed to the address specified above in section 4-_ or 5a S.b. Indicate to which address the Annual Report should be mailed. 6. If the purpose of 6. The purpose of the corporation is to engage in any and all lawful business in which your corporation has corporations may engage in the state, province or country under whose law the foreign any limitations with corporation is incorporated, with the following limitations if any: regard to this section, so indicate. If not, No limitations state no limitations. 7. The names and usual business addresses of the current directors and officers of the foreign corporation are: (Attach additional sheets if necessary.) Name: ,See list of Directors and Officers. attached) [title] Address: City, State, Zip: [title] Name: Address: City, State, Zip: Name: (title] Address: City, State, Zip: 8. The foreign corporation is authorized to issue 3.005.000.000 shares, itemized as 8.The total number of authorized shares cannot follows: (Attach additional sheets if necessary.) be "zero" or "N/A". 3,000,000,000 shares of Common [class or series] stock at Include authorized, not issued shares in this no par value or par value of $ .1667 per share. section. 5,000,000 shares of Preferred [class or series] stock at no par value or par value of $ .01 per share. shares of [class or series] stock at no par value or par value of $ per share. AZO45 • 826/99 Cr System Online r DO NOT PUBLISH THIS SECTION 9. The total number of issued shares cannot be "N/A". The Application must be accompanied by the following: A Certificate of Disclosure, executed within 30 days of delivery to the Commission, by a duly authorized officer Attach a certified copy of your articles of incorporation, all amendments and mergers (AZ Const. Art. XIV, §8) and a certificate of existence or documenl of similar import duly authenticated (within 60 days) by the official having custody of corporate records in the state, province or country under whose laws we are incorporated. The agent may consent to the appointment by either executing the consent, attaching a cover letter, or if paying by check, executing the check. CF:0024 Rev. 1 /99 A2045 - V26/99 Cr System Online 9. The foreign corporation has issued 455,922,448 shares, itemized as follows: 455,922,448 shares of Common [class or series] stock at no par value VU lue ofS .1667 per share. shares o [class or series] stock at no u 3vail u� for par va a o(. $ 4 2 per share. shareesUUoVVf LL �� [ � [class or series] stock at no par value or par value of $ per share. 10. The character of business the foreign corporation initially intends to conduct in Arizona is: Own & operate retail discount department stores, and general business activities DATED this 28th day of February , 2000. TARQFT CORPORATION [Name of Corporation] Executed by [print name] [title] PHONE FAX [optional] [optional] ACCEPTANCE OF APPOINTMENT BY STATUTORY AGENT The undersigned hereby acknowledges and acc�pts the appointment as statutory agent of this corporation effective this oZ5 f day of Signa re [Print Name] CT CORPORATION SYSTEM ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ? `r Tucson on Congress Phoenix AZ 85007-2934 t'JL L C n A 628 701- (602) 542-5141 6595 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Info riti tPop entipl. This information may be given to local law enforcement agencies for the purpose of background checks only but must Wed kb h(nr�eadable prior to posting or any public view. R@ad careftjfl This instr merit is a s rn document. T e or riot th black ink An extensive mye�hEahoyh of qur back ro�t rid will�e conducted. Fse or 1P coete answers could result m cnnunM prosectlytion and tie dental or subsequent revocation o a lcense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (100/6 OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR, THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ry / / /_ There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # l � 0 -77- ILJ93 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —, ❑Owner ❑Partner []Stockholder []Member ❑Officer ® Agent [IManager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: BEN'I'ON ROBT7RT JITT7,RY Date of Birth: 11/1/1963 Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 429-49-8276 Drivers License #: D02458796 (This Will Not Become a Part of Public Records) State: AZ 4 . Place of Birth: Pine Bluff AR U.S.A. Height: 5' 9" Weight: 160 Eyes: BLU Hair: BRN City State Counh'v (not county) u n r1 :,5 1LA 5. Marital Status ❑ Single ® Married ❑ Divorced ❑ Widowed Residence (Home) Phone: 6. Name of Current or Most Recent Spouse: BENTON SHEL.IZEY, DIANA PATTERSONDate of Birth: 1/5/1964 (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? Arizona If Arizona, date of residency: 8/2/2002 8 Telephone number to contact you during business hours for any questions regarding this document. (602) 200-6401 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Targ4et 41432 Premises Phone: ( 480) 837-8557 11. Licensed Premises Address: 16825 E. Shea Blvd. Fountain Hills Maricopa 85268 Street Address (Do not use PO Box #) City County Zip 12. List Your emDlovment or tvDe of business during the Dast five (5) Years. if unemoloved Dart of the time_ list those dates list most recent I sr_ FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 9/1985 CURRENT District Manager Tar et Corporation 1000 Nicollet Mall Minneapolis, MN 55403 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet Living name, address and phone number of landlord City State Zip 8 200 CURRENT own 17718 W. Ocotillo Good 4ear AZ 8 338 5 200 2000 8/2002rent 2002 0VM 700 N. Coronado' St. ah�aooc p s. - 5 1203 Bauman Ct. Mechanicsburg FTF 1999 1 2000 own 2115 N. Bethany Creek Road Alpheretta GA 3 004 /1997 2/1999 own 540 Wilkes Cove Collierville TN 380 LIrTflFI Disabled individuals requiring special accommodations please call 55 7 If you checked the Manager box on the front of this form sldp to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑YES ®NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a Wow. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 r ? GMust 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 courtOl�ot'ifi 1aJ6 o lays r ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations includ 'oiff OYES ENO those that were alcohol and/or drue related 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bai4 imprisoned had sentence OYES LDNO 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 summonses PENDING against you or ANY entity in which you are now involved? See attached. AYES ONO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or OYES ENO fined in this or any other state? 19. Has anyone EVER fled suit or obtained a iudzment against you in a civil action, the subject of which involved OYES 6NO fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? See attached. X]YES ONO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates amencies 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 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? S Der month Tntal rieht trn lirPncPP e 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, Robert Jeffery Benton hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. State of 'A,-tz[ ` County of X �'- The foregoing instrument was acknowledged befordime this NotaryPublic Arizona (74h� MAPICOPACOUNTY—dayof� + My Commission Expires My commission expires on ' ++� • E 11 , 2005fC (Signature of NOTARY P1 rR Cl FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGENT) pay Month Ym My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) In response to question 17: OLLC I am an employee of Target Corporation, a publicly traded corporation. As a Target Corporation employee, I am a District 'quWAs tV t o i r Agent for Target Corporation dba Target Stores, Inc. in Arizona. Because of mPe ployee status with the company, while it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against Target Corporation or one of its many subsidiaries, I do not have knowledge of any pending incidents. In response to question 18: I am an employee at Target Corporation (not an officer, member, director or manager). Target Corporation and its subsidiaries, hold many liquor and business licenses in many states. Due to the great number of licenses held in different corporate names, it is possible that there may have been an instance where a Target Corporation liquor or business license, or Target Corporation subsidiary liquor or business license, may have been rejected, denied, suspended or fined in Arizona or any other state, however, because of my status as an employee, I do not have knowledge of the details of any such incidents. A list of applicant Target Corporation and its subsidiaries' liquor license violations nation-wide is attached. Upon information and belief, no Target Corporation or Target Corporation subsidiary liquor or business license has ever been revoked. In response to question 20: I am the Liquor Agent for the Applicant, Target Corporation, d/b/a Target Stores, Inc. (fn), which has or will be submitting liquor license applications in Arizona. If there are any issued or pending liquor license applications in Arizona, a list is attached. Robert Jeffery enton 0828-002(20789) Target Corporation Arizona Stores with liquor licenses issueA6gding Store Address City Zip ce e tes 233 12602 N. Paradise Valley Pkwy Phoenix 85032 Marico a pending 319 1818 E. Baseline Road Tempe 85283 Marico a pending 851 7409 W. Virginia Phoenix 85035 Marico a pending 854 3901 W. Ina Road Tucson 85741 Pima pending 1432 16825 E. Shea Blvd. Ftn. Hills 1.85268 1 Marico a I pending 0828-002(20931) TARGET CPACrTION Liquor licenses nationwi e as of October 27, 2003 7Fni tiro., Liquor Licensees e 4 Off -Sale On -Sale Liquor Liquor Licenses Licenses Target Corporation Alabama 6 California 41 Colorado 5 Florida 36 Georgia 7 Illinois 2 Indiana 7 Iowa 7 Kansas 4 Louisiana 3 Minnesota 12 North Carolina 3 Oklahoma 3 Tennessee 2 Utah 6 Wisconsin 1 Michigan 9 8 SuperTarget Liquor Of Missouri, Inc. Missouri 3 SuperTar et Liquor of Texas, Inc. Texas 30 STL of Nebraska Nebraska 3 Marshall Field's Chicago, Inc. Illinois 13 9 Mayfair Wine & Liquor Shop, Inc. Wisconsin 1 Dayton's Iron Horse Liquors, Inc. Minnesota 2 Rooftop, Inc. Minnesota 3 204 22 0828-002(20746) Target Corporation and Subsidiaries Liquor Violations (Nationwide) Target CoR�t`at-on Store/Address Violation Date I I Violation penal Marshall Field's 1996 al tolanor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 02/05/1998 Sale to minor Information not 2752 W. Big Beaver Rd readily available Troy, MI Marshall Field's 03/25/1999 Sale to minor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 06/22/1999 Sale to minor Information not 500 West 14 Mile Road readily available Troy, MI Marshall Field's 10/21/1999 Sale to minor Information not 700 Briarwood readily available Ann Arbor, MI SuperTarget 10/22/2001 Sale below cost $500 fine Shreveport, LA Marshall Field's 01/30/2002 Sale to minor Information not 269 Telegraph Road readily available Waterford, MI SuperTarget 07/2002 Sale to minor no fine Stone Mountain, GA SuperTarget 12/2002 Sale to minor $300 fine Lakeville, MN Marshall Field's Chicago, Inc. a Target subsidiary Marshall Field's 02/25/2002 Sign and post of Information not Oakbrook Center Mall tax certificate readily available Oak Brook, IL violation (on sale rest. license) Marshall Field's 02/28/2003 Sale to minor Information not 1000 Spring Hill Mall readily available Village of W Dundee, IL Rooftop, Inc. a Target subsidiary Marshall Field's 12/2002 Sale to minor (on Information not 100 Nicollet Mall sale rest. license) readily available Minneapolis, MN STL of Nebraska a Target subsidiary SuperTarget _ 12/2000 -- - Sale to minor $500 fine_ Omaha, NE 0828-002(20736) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor q? 400 W Congress #150 Phoenix AZ 85007-2934 OLLC Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628.6595 Attention all Local Governing Bodies: Social Security and Birthda: gtftf0t' �is nfi e i . This information may be given to local law enforcement agencies for the purpose of background cheonly but must be blocked to be unreadable prior to posting or any public view. Rgad caFeftj% This instrument is a sworn document. Type or print with black ink. An extensive mye*tl atioh of vqur ba k ro nd will be conducted. i e or print lete answers could result in crirmn�l prosectition = tie genial or subsequent revocation of a lcense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER_ ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. �`'� ^� There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # l ( J D //�11J �9 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —0- ❑Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Mana er Licensee or A ent must complete # 25 2.Name: STEINHA= GREGG f+TLLI,IP_rK Date of Birth: 1/17/1955 Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 398-46-0223 Drivers License #: S-351-288-887-047 State: M\1 (This Will Not Become a Part of Public Records) 4. Place of Birth: Milwaukee WI U.S.A. Height: City State Country (not county) 5. Marital Status ❑ Singled] Married ❑ Divorced ❑ Widowed 6. Name of Current or Most Recent Spouse: STEINHAFEL 'List all for last 5 years - Use additional sheet if necessary) Last 7. You are a bona fide resident of what state? 5' 11" Weight: 180 Eyes: BR1 Hair: BRN Residence (Home) Phone: 9( 52 > 475-0889 DI=SE F7IT T HALL First Middle Maiden Minnesota Date of Birth: 11/17/1954 If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. ( 612) 696-6234 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Target #1432 Premises Phone: ( 480) 837-8557 11. Licensed Premises Address: 16825 E. Shea Blvd. Fountain Hills Marieopa 85268 Street Address (Do not use PO Box #) City County Zip 12. List vour emplovment or type of business durine the oast five (5) years, if unemploved pan of the time, list those dates. List most recent 1st FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 8/1979 CURRENT President/Exec. Officer Target Corporation MN 55 03 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet givine name, address and phone number of landlord City State Zip 9/1992 CURRENT Own 1150 Old Crystal Bay Road Orono MN 55 LIC 0101 04/2003 Disabled individuals requiring special accommodations please call (602) 542-9027 31 1t you checked the Manager box on the front of this form sldp to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑YES NO the licensed premises? If you answered YES, how many hrs/day? , answer #14a below. IfNO, 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 sfiyu1n4nP into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only OYES ONO those that were alcohol and/or drue related 16. Have EVER been )z 10I NOV 2�5 P 1: 42 you convicted, fined, posted bon , een ordere to deposit bail imprisoned had sentence OYES IINNO 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 dru- related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? See attached. [AYES ONO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or IXYES ONO fined in this or any other state? See attached. 19. Has anyone EVER filed suit or obtained a judement against you in a civil action, the subject of which involved OYES INNO fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, ]YES or manager on any other lguor license in this or any other state? See attached. ONO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a sk,-ned statementgiving 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 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES [-]NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, GreggWilliam Steinhafel hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read t 's q stionnairee and the contents and all statements are true, correct and complete. /V U State of �� 1�Y1,2SD4� County of RD_Wt The foregoing instrument was acknowledged before m this (Signature of Applic �.� JOELLYN H. REINKE day of a V2 wt h e�f' Ao 3 ,NOTARY ?UBUC - WNNESOTA Day Month Yv My commission expires on:31 J'rl 2t)OS m' c0MMISSiON EXPIRES JAN Day Month (Si tore of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) day of o.y Month My commission expires on: Day Month Year (Signature of NOTARY Y_ Separate statement of Gregg William Steinhafel DLL C Regarding question 17: 2G03 NOV 25 P 1: 42 I am the President of Target Stores, a division of Target Corporation, a publicly -traded corporation which, as of February 1, 2003, had approximately 1,475 stores nationwide, including subsidiaries operating under several names. Because of the large number of stores involved, it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against Target Corporation or one of its subsidiaries however I do not have personal knowledge of any pending incidents. Regarding question #18: I am an officer of Target Corporation which, together with its subsidiaries, holds thousands of business and multiple liquor licenses in and outside of Arizona. Some of these business and liquor licenses may have had violations however, because of the vast number of licenses involved, I have no personal knowledge of any such violations. Upon information and belief, I do not believe any Target Corporation or any of its subsidiaries' licenses have ever been revoked. A list of Target Corporation and its subsidiaries' liquor violations nationwide has been compiled by corporate counsel and is attached. Regarding question #20: As the President of Target Stores, a division of Target Corporation, I may be listed on individual liquor licenses, however, such details, if any, are unknown to me. A chart of Target Corporation and its subsidiaries' liquor licenses nationwide has been compiled by corporate counsel and is attached. Due to corporate growth and because liquor licenses are continually added, the numbers reflected on the chart are fluid. I own shares of capital stock in Target Corporation, but the number of my shares totals less than ten percent of the total stock issued. r�� 4140 regg Vliam Steinhafel 0828-002(20747) Target Corporation n L C Arizona Stores with liquor licenses issued or pen c Store # Address City Zip County :7! � e es) : 43 233 12602 N. Paradise Valley Pkwy Phoenix 85032 Marico a pending 319 1818 E. Baseline Road Tempe 85283 Marico a pending 851 1 7409 W. Virginia Phoenix 1 85035 1 Marico a pendin 854 3901 W. Ina Road Tucson 85741 Pima pending 1432 16825 E. Shea Blvd. Ftn. Hills 85268 Marico apending 0828-002(20931) TARGET CORPORATION p L L C Liquor licenses nationwide as of October 27, 2003 irm e:n,r - Liquor Licensees State - ale O =Sale Liquor Liquor Licenses Licenses Target Corporation Alabama 6 California 41 Colorado 5 Florida 36 Georgia 7 Illinois 2 Indiana 7 Iowa 7 Kansas 4 Louisiana 3 Minnesota 12 North Carolina 3 Oklahoma 3 Tennessee 2 Utah 6 Wisconsin 1 Michigan 9 8 SuperTarget Liquor Of Missouri, Inc. Missouri 3 SuperTar et Liquor of Texas, Inc. Texas 30 STL of Nebraska Nebraska 3 Marshall Field's Chicago, Inc. Illinois 13 9 Mayfair Wine & Liquor Shop, Inc. Wisconsin 1 Dayton's Iron Horse Liquors, Inc. Minnesota 2 Rooftop, Inc. Minnesota 3 2041 22 0828-002(20746) Target Corporation and Subsidiaries Liquor Violations (Nationwide) Target Corporation Store/Address Violation Date viowop C Penalty Marshall Field's 1996 Sale o tumor Information not 14200 Lakeside readily available Sterling Heights, MI 201,3 NOV 25 P I: 4 Marshall Field's 02/05/1998 Sale to minor Information not 2752 W. Big Beaver Rd readily available Troy, MI Marshall Field's 03/25/1999 Sale to minor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 06/22/1999 Sale to minor Information not 500 West 14 Mile Road readily available Troy, MI Marshall Field's 10/21/1999 Sale to minor Information not 700 Briarwood readily available Ann Arbor, MI SuperTarget 10/22/2001 Sale below cost $500 fine Shreveport, LA Marshall Field's 01/30/2002 Sale to minor Information not 269 Telegraph Road readily available Waterford, MI SuperTarget 07/2002 Sale to minor no fine Stone Mountain, GA SuperTarget 12/2002 Sale to minor $300 fine Lakeville, MN Marshall Field's Chicago, Inc. a Target subsidiary Marshall Field's 02/25/2002 Sign and post of Information not Oakbrook Center Mall tax certificate readily available Oak Brook, IL violation (on sale rest. license) Marshall Field's 02/28/2003 Sale to minor Information not 1000 Spring Hill Mall readily available Village of W Dundee, IL .._..,.,..Rooftop, Inc. a Target subsidiary Marshall Field's 12/2002 Sale to minor (on Information not 100 Nicol let Mall sale rest. license) readily available Minneapolis, MN STL of Nebraska a Target subsidiary SuperTarget 12/2000 Sale to minor $500 fine Omaha, NE 0828-002(20736) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor C L L C 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 41110V 2 5 P 1: U 3 (520) 628-6595 APPLICANT/CONTROLLING PERSON AFFIDAVIT TO BE COMPLETED BY THE ORGANIZATION'S PRESIDENT. IF A CLUB, PARTNERSHIP, OR OTHER TYPE ORGANIZATION, A SIGNATURE OF EQUAL LEVEL IS REQUIRED. Organization: TARGET CORPORATION Affidavit of: GREGG WILLIAM STEINHAFEL Positionrritle: PRESIDENT OF TARGET STORES State of: MINNESOTA County of: HENNEPIN AZ CorpJL.L.C. # State Incorporated: F0012136-6 MINNESOTA The undersigned, GREGG WILLIAM STEINHAFEL , being first duly sworn, upon Oath deposes and says: 1. In connection with this organization's application to obtain a liquor license for our operation(s) in Arizona, I have completed and delivered to the Arizona Department of Liquor Licenses and Control the required questionnaire and fingerprint card. 2. The required questionnaires and fingerprint cards of all officers, directors, regional managers, managing members, partners, etc., who direct or are involved in the direction of the management of the policies involving spirituous liquor in the State of Arizona; and all stockholders who own ten percent (10%) or more of the corporation or limited liability company have also been completed and delivered to the Arizona Department of Liquor Licenses and Control. Name and title of such individuals are as follows (or list attached): (1) JAMES THOMAS HALE (2) JACK NEIL REIF EXECUTIVE VP ASSISTANT TREASURER (3) ROBERT JEFFERY BENTON kC3ENT-� DISTRICT MANAGER (4) *Disabled individuals. requiring special accommodations, please call the Department. uwim-050W 3. There are, in addition to those submitting questionnaires and fingerprint cards, other officers, limited liability members, and/or board members of this organization who are not submitting such information to the Arizona Department of Liquor licenses ant nol. None of these individuals directs or is involved in the direction of the management of policies of this organization involving spirituous liquor in the State of Arizona. 11,,D3 Nii V Z-S P 1: 4 3 Such members and positions, along with date and place of birth, are as follows (or list attached): (l) SEE ATTACHED (2) (3) (4) 4. None of the individuals listed under item #3 possesses the power to vote ten percent (10%) of the outstanding voting securities of this organization, nor can any of them control the election of one or more of the Board of Directors or managing members of the organization. 5. Finally, on information and belief, none of the individuals listed under item #3 have at any time been convicted of a felony, had a liquor license revoked, or violated any provisions of a liquor license issued to that member. DATED this 17 day of Day of Moog L GREGG WILLIAM STEINHAFEL (Print hill name) NOVEMBER 2003 Year declare that I am the APPLICANT filing this notification. I have read this document and the contents and all statements are true, con= and complete. K. State of h Oe S4County of oL U S-wl The foregoing insmanent was acknowledged before me this day of wo�g ZM 3 Day of Mooch Mondi Year My commission expires on: Q vt 31, 2005 JOEL-LYN H. REINKE NOTARY PUBUC MINNESOTA ' MY COMMMSiON EXPIRES .LAN. 31, 2003 (Sigoamm of NOTARY PUBLIC TARGET CORPORATION Directors: NAME TITLE D.O.B. F BIRTH Roger A. Enrico Director 11/11/1944 Chisholm, Minnesota William W. George Director 09/14/1942 1nj N@'MqsTjegP,ix n Michele J. Hooper Director 07/16/1951 Union Town, Pennsylvania James A. Johnson Director 12/24/1943 Benson, Minnesota Richard M. Kovacevich Director 10/30/1943 Tacoma, Washington Anne M. Mulcahy Director 10/21/1952 Rockville Center, New York Stephen W. Sanger Director 04/10/1946 Cincinnati, Ohio Warren R. Staley Director 05/14/1942 Springfield, Illinois George W. Tamke Director 05/16/1947 New York, New York Solomon D. Trujillo Director 11/17/1951 Cheyenne, Wyoming Robert J. Ulrich Director 04/24/1943 Minneapolis, Minnesota Roxanne Austin Director 01/05/1961 Calico Rock, Arkansas Cal Darden Director 02/05/1950 Buffalo, New York Elizabeth Hoffman Director l l/12/1946 Bryn Mawr, Pennsylvania Officers: Linda L. Ahlers Executive Officer 05/19/1950 New London, Wisconsin Todd V. Blackwell Executive Officer 01/03/1962 Reidsville, North Carolina Bart Butzer Executive Officer 08/26/1956 Mankato, Minnesota Michael Francis Executive Officer 11/14/1962 Detroit, Michigan John D. Griffith Executive Officer 01/15/1962 Golden, Colorado James T. Hale Executive Officer 05/14/1940 Minneapolis, Minnesota Diane L. Neal Executive Officer 07/27/1956 Flint, Michigan Luis A. Padilla Executive Officer 08/20/1954 Havana, Cuba Douglas A. Scovanner Executive Officer 11/03/1955 Cincinnati, Ohio Paul L. Singer Executive Officer 07/01/1953 Akron, Ohio Gregg W. Steinhafel Executive Officer 01/17/1955 Milwaukee, Wisconsin Gerald L. Storch Executive Officer 10/31/1956 Jacksonville, Florida Ertu rul Tuzcu Executive Officer 03/08/1953 Sko ie, Yugoslavia Timothy R. Baer Officer 07/06/1960 St. Louis Park, Minnesota Gail J. Dorn Officer 07/30/1962 Mankato, Minnesota Nathan K. Garvis Officer 05/18/1964 Minneapolis, Minnesota Susan D. Kahn Officer 04/24/1958 Nashville, Tennessee Tracy Kofski Officer 09/07/1967 Dearborn, Michigan Stephen C. Kowalke Officer 03/07/1958 Hong Kong Richard J. Kuzmich Officer 01/20/1941 St. Louis, Missouri Dale Nitschke Officer 04/25/1962 Milwaukee, Wisconsin Jack N. Reif Officer 05/19/1947 St. Paul, Minnesota Sara J. Ross Officer 01/11/1959 Owatonna, Minnesota Erica C. Street Officer 07/05/1958 Lansing, Michigan Jane P. Windmeier Officer 08/13/1957 Minneapolis, Minnesota 0828-002(20745) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 1 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QU ES i IRE (520) 628 6595 Attention all Local Governing Bodies: Social Security and Birthdate Info ation ja-ponfidential. This information may be given to local law enforcement agencies for the purpose of backk&,ha4iecks otrt i btif rhWt be blocked to be unreadable prior to posting or any public view. Rgad careftjllyy. his instrument is a sworn document. a or print with black ink. An extensive lnye$h ahoh of qur back round well be conducted. 11 e or print fete answers could result in crlmtn l prosectivhon and the denial or subsequent revocation o� a Tense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —, 2. Name: ❑Owner ❑Partner []Stockholder ❑Member ®Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 for a Mana er Licensee or Agent must complete # 25 SIF JACK NEIL Date of Birth: 5/19/1947 Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 477-50-6200 Drivers License #: R-100-356-620-379 State: MN (This Will Not Become a Part of Public Records) 4. Place of Birth: St. Paul MCI U.S.A. Height: 5' 10" Weight: 185 Eyes: GRN Hair:BRI City State Country (not county) 5. Marital Status ❑ Single N Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( 651 ) 490-5025 6. Name of Current or Most Recent Spouse: Reif Evelyn ELIZABETH Rogers Date of Birth: 3/2/1947 (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? Minnesota If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. ( 612) 761-9217 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Tarqet #1432 Premises Phone: 4( 80 ) 837-8557 11. Licensed Premises Address: 16825 E. Shea Blvd. Fountain Hills Maricopa 85268 Street Address (Do not use PO Box tt) City County Zip 12. List vour emolovment or tvpe of business during the oast five (5) vears, if unemnloved part of the time, list those dates. List most recent Ist. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 3/1984 CURRENT Asst. Treasurer/Tax Dir. C 1000 Nicollet Mall, Minneapolis, 11N 55403 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate Your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord Citv State Zi 5 1996 CURRENT own 479 Owasso Hills Drive Roseville MN 5511 LIC 0101 04/2003 Disabled individuals requiring special accommodations please call (but) -',42-Y0Z7 11 you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑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 th' sL5U-ears? (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 ilial4eltof.15olapn of ANV law or ordinance (regardless of the disposition if dismissed even or expunged)? For tralrc violations inclu a only DYES CYNO those that were alcohol and/or drug related 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned had sentence OYES C NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? See attached. EYES ONO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or li uor APPLICATION OR LICENSE rejected denied revoked sus ended or See DYES ONO lined in this or any other state? attached. 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved OYES ffNO fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, or manager DYES on any other li uor license in this or any other state? See attached. ONO If any answer to Questions 15 through 20 is "YES" YOUMUST attach a siganed 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 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES [—]NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, Jack Neil Reif hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. X (Signature of My commission expires on: 4113112cC6 Day Month Y, State of MtllrV-5� County of K The foregoing instrument was acknowledged before me this JOELLYN H. REINKE NOTARY PUBLIC - MINNESOTA MY COMM4664GN -- EXPIRES JAN. 31, 2005 of 2A 3 Month y— (Signature of NOC[rJ+RY FILL IN THIS SECTION ONLY I A A I O AG NT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) day of D+y Month My commission expires on: Day Month Year (Signature of NOTARY y— Separate statement of Jack Neil Reif Regarding question 17: DLLC I am an officer or director of. ZOO] NOV 25 P 1: 43 Target Corporation — Assistant Treasurer SuperTarget Liquor of Missouri, Inc.' — Vice President, secretary and Treasurer SuperTarget Liquor of Texas, Inc.' — Director STL of Nebraska, Inc.' — Vice President, Secretary and Treasurer Marshall Field's Chicago, Inc.' — Vice President, Secretary and Treasurer Mayfair Wine and Liquor Shop, Inc.' — Treasurer Dayton's Iron Horse Liquors, Inc.' — Vice President, Secretary and Treasurer Rooftop, Inc.' — Vice President, Secretary and Treasurer Target Corporation is a publicly -traded corporation which, as of February 1, 2003, had approximately 1,475 stores nationwide, including subsidiaries operating under several names. Because of the large number of stores involved, it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against Target Corporation or one of its subsidiaries however I do not have personal knowledge of any pending incidents. Regarding question # 18: I am an officer of Target Corporation and several of its subsidiaries which, together with other Target subsidiaries, hold thousands of business and hundreds of liquor licenses in and outside of Arizona. Some of these business and liquor licenses may have had violations however, because of the vast number of licenses involved, I have no personal knowledge of any such violations. Upon information and belief, I do not believe any Target Corporation or any of its subsidiaries' licenses have ever been revoked. A list of Target Corporation and its subsidiaries' liquor violations nationwide has been compiled by corporate counsel and is attached. Regarding question #20: As an officer of Target Corporation and several of its subsidiaries, I may be listed on individual liquor licenses, however, such details, if any, are unknown to me. A chart of Target Corporation and its subsidiaries' liquor licenses nationwide has been compiled by corporate counsel and is attached. Due to corporate growth and because liquor licenses are continually added, the numbers reflected on the chart are fluid. I own shares of capital stock in Target Corporation, but the number of my shares totals less than ten percent of the total stock issued. (4"., k -A - 4, � Z Jack Neil if 0— ' Subsidiary of Target Corporation 0828-002(20761) Target Corporation nn,,� '' Arizona Stores with liquor licenses issued or pe C Store Address City Zip County Q n�¢# ot[es 4 � 233 12602 N. Paradise Valley Pkwy Phoenix 85032 Marico a pending 319 1818 E. Baseline Road Tempe 85283 Marico a pending 851 7409 W. Virginia Phoenix 85035 Marico a pending 854 3901 W. Ina Road Tucson 85741 Pima pending 1432 16825 E. Shea Blvd. Ftn. Hills 85268 Marico a pending 0828-002(20931) TARGET CORPORATION Liquor licenses nationwide as of October 27, 2003 DLL C Liquor Licensees State Off-Saj�3 Q 01,ID2-§alfKLigpo4 Liquor Licenses Licenses Target Corporation Alabama 6 California 41 Colorado 5 Florida 36 Georgia 7 Illinois 2 Indiana 7 Iowa 7 Kansas 4 Louisiana 3 Minnesota 12 North Carolina 3 Oklahoma 3 Tennessee 2 Utah 6 Wisconsin 1 Michigan 9 8 SuperTarget Liquor Of Missouri, Inc. Missouri 3 SuperTar et Liquor of Texas, Inc. Texas 30 STL of Nebraska Nebraska 3 Marshall Field's Chicago, Inc. Illinois 13 9 Mayfair Wine & Liquor Shop, Inc. Wisconsin 1 Dayton's Iron Horse Liquors, Inc. Minnesota 2 Rooftop, Inc. Minnesota 3 2041 22 0828-002(20746) Mw Target Corporation and Subsidiaries Liquor Violations (Nationwide) DLLC Target Corporation Store/Address ' Violation Date" 'Niolati P" ai Marshall Field's 1996 Sale to i or Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 02/05/1998 Sale to minor Information not 2752 W. Big Beaver Rd readily available Troy, MI Marshall Field's 03/25/1999 Sale to minor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 06/22/1999 Sale to minor Information not 500 West 14 Mile Road readily available Troy, MI Marshall Field's 10/21/1999 Sale to minor Information not 700 Briarwood readily available Ann Arbor, MI SuperTarget 10/22/2001 Sale below cost $500 fine Shreveport, LA Marshall Field's 01/30/2002 Sale to minor Information not 269 Telegraph Road readily available Waterford, MI SuperTarget 07/2002 Sale to minor no fine Stone Mountain, GA SuperTarget 12/2002 Sale to minor $300 fine Lakeville, MN Marshall Field's Chicago, Inc. a Target subsidiary Marshall Field's 02/25/2002 Sign and post of Information not Oakbrook Center Mall tax certificate readily available Oak Brook, IL violation (on sale rest. license) Marshall Field's 02/28/2003 Sale to minor Information not 1000 Spring Hill Mall readily available Village of W Dundee, IL Rooftop, Inc. a Tarp -et subsidiary Marshall Field's 12/2002 Sale to minor (on Information not 100 Nicollet Mall sale rest. license) readily available Minneapolis, MN STL of Nebraska a Target subsidiary SuperTarget 12/2000 Sale to minor $500 fine Omaha, NE 0828-002(20736) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floorit 400 W Congress # 150 Phoenix AZ 85007-2934 D L L C Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 62"595 Attention all Local Governing Bodies: Social Security and Birthdate Informati� q>�fi�%iapThLs V[ rmation may be given to local law enforcement agencies for the purpose of background checks only b st} {�e t eked to a unreadable prior to posting or any public view. R@ad carefully. This insgtrt�ment is a stvQrn document. F e or rint with black ink. An extensive tnvegt> aho o ypur a� round wiu be conducted. �[se or �coglete answers could result m cnrtun prosecution an t ie emal or subsequent revocation o alicense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (Ift. OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. �7 / There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # A service fee of S25.00 will be charged for all dishonored checks (A.RS. 44.6852) ( if the location is currently Ilcensed) 1. Check appropriate box —, 2. Name: ❑Owner ❑Partner ❑Stockholder ❑Member ®Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions excep! # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 HALE JAILS `ITICI"As Date of Birth: 05/14/1940 Last First 3 . Social Security Number: 470-44-8803 Drivers License #: (This Will Not Become a Part of Public Records) Middle (This Will Not Become a Part of Public Records) H-000-367-792-336 State: MN 4. Place of Birth: 14imeapolis IVIN U. S.A. Height: 61311 Weight: 225# Eyes: GRN Hair: BRN City State COUII (not county) 5. Marital Status ❑Single ®Married ❑Divorced ❑Widowed Residence (Home) Phone: ( 763) 478-8690 5. Name of Current or Most Recent Spouse: _ (List all for last 5 years - Use additional sheet if necessary) HALE SHARON SUE JOHNSON Date of Birth: 12/22/1939 Last First Middle Maiden 7. You are a bona fide resident of what state? Minnesota If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. ( 612) 696-6646 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Target #1432 Premises Phone: 4( 80 ) 837-8557 11. Licensed Premises Address: 16825 E. Shea Blvd. Fountain Hills Marieopa 85268 Street Address (Do not use PO Box #) City County Zip 12. List Your emnlovment or tYDe of business during the Dast five (5) Yeats. if unertwloved part of the time. list those dates. List most recent 1st FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 3 1981 CURRENT Executive VP arge orpora t !on 1000 Nicollet'Mall Minneapolis, MDi 55403 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate Your residence address for the last five (5) Years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip 5/1995 CURRENT 6420 Pioneer Trail Corcoran MN 5535 LIC 0101 04/2003 Disabled individuals requiring special accommodations please call (602) 542-9UZ7 If you checked the Manager box on the front of this form sicip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the [I 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 Coursg withal the last 5 years? (Must provide proof) If the answer to # 14a is"NO",course must be completed before iiit�aheeof ❑YES ❑NO a new license or approval on an existing license. 15. Have you EVER been detained cited arrested indicted or summoned into ougflor Lvi°don of ANY law or ordinance (regardless of the disposition ' l'— even if dismissed ore �dl) gP� tr tc vfnlh include on ly those that were alcohol and/or drurelated g OYES ENO 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit baih imprisoned had sentence (]YES ENO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? See attached. ®YES ONO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked suspended or [YES ONO fined in this or any other state? See attached. 19. Has anyone EVER filed suit or obtained a iudement against you in a civil action, the subject of which involved OYES &NO fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? See attaehpd _ NYES ONO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates agencies involved and disposawns It 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 My FVI 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. 1, James Thcros Hale hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read is qu tionnaire and the contents and all statements are true, correct and complete. of Appl My commission expires on: 31�, w2oaS Day Month Yq FILL IN THIS SECTION ONLY State of MINNESOTA County of RAMSEY The foregoing instrument was acknowledged before me this JOELLYN H. REINKE NOTARY PUBLIC - MINNESOTA MY CCimmesiet+ — EXPIRES JAN. 31, 2005 of NOVEMBER Moruh Y PUBLIC) 2003 y— J ARE A EICESSEE7017AUL7"APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this (Signature of LICENSEE/AGENT) My commission expires on: Day Month Year day of NY Month (Signature of NOTARY y— Separate statement of James Thomas Hale pLLC Regarding question 17: ffl3 NOV 2 5 P " 4 u I am an Executive Vice President and the Corporate Secretary of Target Corporation, a publicly -traded corporation which, as of February 1, 2003, had approximately 1,475 stores nationwide, including subsidiaries operating under several names. I am also the President of SuperTarget Liquor of Missouri, Inc., one of the many Target Corporation subsidiaries. Because of the large number of stores involved, it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against Target Corporation or one of its subsidiaries however I do not have personal knowledge of any pending incidents. Regarding question # 18: I am an officer of Target Corporation which, together with its subsidiaries, holds thousands of business and hundreds of liquor licenses in and outside of Arizona. Some of these business and liquor licenses may have had violations however, because of the vast number of licenses involved, I have no personal knowledge of any such violations. Upon information and belief, I do not believe any Target Corporation or any of its subsidiaries' licenses have ever been revoked. A list of Target Corporation and its subsidiaries' liquor violations nationwide has been compiled by corporate counsel and is attached. Regarding question 420: As an officer of Target Corporation and SuperTarget Liquor of Missouri, Inc., I may be listed on individual liquor licenses, however, such details, if any, are unknown to me. A chart of Target Corporation and its subsidiaries' liquor licenses nationwide has been compiled by corporate counsel and is attached. Due to corporate growth and because liquor licenses are continually added, the numbers reflected on the chart are fluid. I own shares of capital stock in Target Corporation, but the number of my shares totals less than ten percent of the total stock issued. 0828-002(20760) Target Corporation nn II--.. Arizona Stores with liquor licenses issued or p96i Store Address City zip CountyZufl CiWni& ofts 4 233 12602 N. Paradise Valley Pkwy Phoenix 85032 Marico a pending 319 1818 E. Baseline Road Tempe 85283 Marico a pending 851 7409 W. Virginia Phoenix 85035 Marico a pending 854 3901 W. Ina Road Tucson 85741 Pima pending 1432 16825 E. Shea Blvd. Ftn. Hills 85268 Marico a pending 0828-002(20931) TARGET CORPORATION DLL C Liquor licenses nationwide as of October 27, 2003 1O03 NOV 2 1� o I . i, Liquor Licensees State Off -Sale On -Sale Liquor Liquor Licenses Licenses Target Corporation Alabama 6 California 41 Colorado 5 Florida 36 Georgia 7 Illinois 2 Indiana 7 Iowa 7 Kansas 4 Louisiana 3 Minnesota 12 North Carolina 3 Oklahoma 3 Tennessee 2 Utah 6 Wisconsin 1 Michigan 9 8 SuperTarget Liquor Of Missouri, Inc. Missouri 3 SuperTar et Liquor of Texas, Inc. Texas 30 STL of Nebraska Nebraska 3 Marshall Field's Chicago, Inc. Illinois 13 9 Mayfair Wine & Liquor Shop, Inc. Wisconsin 1 Dayton's Iron Horse Liquors, Inc. Minnesota 2 Rooftop, Inc. Minnesota 3 2041 22 0828-002(20746) Target Corporation and Subsidiaries Liquor Violations (Nationwide) Target Corporation DLL C Store/Address Violation Date Violation - Penalty Marshall Field's 1996 Zg 3Sff�/to Tmp I : 4 Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 02/05/1998 Sale to minor Information not 2752 W. Big Beaver Rd readily available Troy, MI Marshall Field's 03/25/1999 Sale to minor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 06/22/1999 Sale to minor Information not 500 West 14 Mile Road readily available Troy, MI Marshall Field's 10/21/1999 Sale to minor Information not 700 Briarwood readily available Ann Arbor, MI SuperTarget 10/22/2001 Sale below cost $500 fine Shreveport, LA Marshall Field's 01/30/2002 Sale to minor Information not 269 Telegraph Road readily available Waterford, MI SuperTarget 07/2002 Sale to minor no fine Stone Mountain, GA SuperTarget 12/2002 Sale to minor $300 fine Lakeville, MN Marshall Field's Chicago, Inc. a Target subsidiary Marshall Field's 02/25/2002 Sign and post of Information not Oakbrook Center Mall tax certificate readily available Oak Brook, IL violation (on sale rest. license) Marshall Field's 02/28/2003 Sale to minor Information not 1000 Spring Hill Mall readily available Village of W Dundee, IL Rooftop, Inc. _ a Target subsidiary Marshall Field's 12/2002 Sale to minor (on Information not 100 Nicollet Mall sale rest. license) readily available Minneapolis, MN STL of Nebraska a Target subsidiary SuperTarget 12/2000 Sale to minor $500 fine Omaha, NE 0828-002(20736) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ``�"•y W Congress #135 1' l Tucson 856595 52 Tucson Phoenix AZ 85007-2934 (602) 542-5141 ❑ L L C (520) 628�595 0) Q QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be n to local law enforcement agencies for the purpose of background checkis]�qj'#u Lt lstl6�a bjQ�aEW to be unreadable prior to po or any public view. Rgad caFef Ally. This instrument is a sw rn document. � e or �rint with black ink. An extensive cnrr ingl prosectition ano Me dental or�subsequentr evocation of a ��ense or permicould result TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN ••APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24 00 processing fee for each finperprint card submitted. Liquor License # � � � � 4/"� � 9 A service fee of 525.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —� 2. Name: ❑Owner ❑Partner ❑Stockholder ❑Member [—]Officer ❑ Agent ® Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 for a Manager Licensee or Agent must complete # 25 Schneider Last Marco First 3 . Social Security Number: 474-84-8721 Drivers License #: (This Will Not Become a Part of Public Records) Lynee DateofBirth: 7/21/ly64 Middle (This Will Not Become a Part of Public Records) D01764892 State: AZ 4. Place of Birth: Minot ND iJ . S .A. Height: City State Country (not county) 5. Marital Status ❑ Single 7 Married ❑ Divorced ❑ Widowed 5. Name of Current or Most Recent Spouse: SCHNEIDER BA?.RY ,,List all for last 5 years - Use additional sheet if necessary) Last First 7. You are a bona fide resident of what state? ARN A 5' 0" Weight: 110 Eyes: BUJ Hair: BLONDE Residence (Home) Phone: ( 480) 563-2966 SCOTT Date ofBirth: 5/20/1964 Middle Maiden If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 6( 02 ) 403-0659 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 7/2000 10. Name of Licensed Premises: Target #1432 Premises Phone: 4( 80 ) 837-8557 11. Licensed Premises Address: 16825 E. Shea Blvd. Fountain Hills Maricopa 85268 Street Address (Do not use PO Box #) City County Zip i:-..t,,...o 4, 1 ict mnct rvrPnt 1st_ 12 List your employment FROM Month/Year or type of TO Month/Year business aunng inc pubt Li�� ter y—,., • a...... DESCRIBE POSITION OR BUSINESS t y.,,. r- EMPLOYER'S NAME OR NAME OF BUSINESS - (Give street address, city, state & zip) on 9/2000 CURRENT Management arget GL 1000 Ni ollet Mall - iiinnea lis Al 55403 lars Fie ds (Target subsidiary) 11 1980 9 I- Mana ement - 13 1 ATTACH ADDITIONAL SHEET lF NEUEJ AKY ruts tt t rinm 3m_ i iu, y Indicate your residence TO Month/Year CURRENT address Rent or Own own ror tnt tabt 11 Vc ti -al a. RESIDENCE Street Address If rented, attach additional sheet givingname, address and hone number of landlord 7713 E. I�',artana Dr. sdale Scottsdale State I 8 zip 25^ FROM Month/Year r- /2003 7 2000 5 2003 7 2000 own own 4901 E. Villa Rita Dr. 4510 Trenton Circle Scottsdale Plymouth-9027 8 >c1 5 25 42 6 1993 isabled individuals requiring special accommodations please call IC 0101 04/2603 If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the the licensed premises ? If you answered YES, how OYES []NO many hrs/da ? y• , answer #l4a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Course within the last 5 4trating years? (Must provide proof) If the answer to # 14a is "NO", course must be cbefore issuance of a new license or approval on an existing []YESNO license. 15. Have you EVER been detained, cited, arre i tAae sr more to court for violation of ANY law or ordinance (regardless of the disposition evenW` }�� I�' sed r e un those that were alcohol and/or drug related t or traffic violations include only OYES CNNO 16. Have you EVER been convicted, fined, posted bond been ordered to deposit bail imprisoned had sentence suspended, placed on probation or parole for violation of ANY law OYES LINO or ordinance (regardless of the disposition even If dismissed or expunged)? For trafric violations include only those that were alcohol and/or dryg related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? See attached. MYES ONO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or rned in this or any other state? )YES ONO See attached. 19. Has anyone EVER riled suitor obtained a iudgment against you in a civil action, the subject of which involved Laud or misrepresentation of business OYES [NNO professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, or manager on any other liquor license in this or any other state? See attached. �r, MYES ONO If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statement lete giving details.Please be sure to include dates agencies involved and dis comp ositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES [�NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ® NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES 2 NO If "yes", attach a copy of such agreement 24. I, Marco LVnee Schneider hereby declare that I am the APPLICANT filing this questionnaire. (Pont full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. t State of County of .n � The foregoing instrument was acknowledged be e mr e this (Signature o`iHcsr�t KAREN EAKS day of s � Notary Public - Ariz - . �, ay �esy�L-- MARICOPA COUP' TY Month My commission expires on:, t y,rs M Commission Ex ires - Day M nth 1° r NE 1 1 , 2005 (Signature ofNOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Mana er 25. I, Print Licensee/Agent's Name): Robert Jeffery Benton Hereby authorize the applicant to act as manager for the named liquor license. State of. Of County of inc('c cr— X The foregoing instrument was acknowledged before me this I/ (Signature CENSEE/AGENT) day of Day Month My commission expires on: 4,H�: KAREN EAKS utrtir—� rizo — ignaturc of NOTARY PUB My Commission Expires JUNE 11, 2005 In response to question 17: DLLC I am an employee of Target Corporation, 1EtgLMip175tra1bd lcoWration. As a Target Corporation employee, I am a Store Manager in Arizona. While it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against Target Corporation or one of its many subsidiaries, I do not have knowledge of any pending incidents because of my status as an employee with the company. In response to question 18: I am an employee at Target Corporation (not an officer, member, director or corporate manager). Target Corporation and its subsidiaries, hold many liquor and business licenses in many states. Due to the great number of licenses held in different corporate names, it is possible that there may have been an instance where a Target Corporation liquor or business license, or Target Corporation subsidiary liquor or business license, may have been rejected, denied, suspended or fined in Arizona or any other state, however, because of my status as an employee, I do not have knowledge of the details of any such incidents. A list of applicant Target Corporation and its subsidiaries' liquor license violations nation-wide is attached. Upon information and belief, no Target Corporation or Target Corporation subsidiary liquor or business license has ever been revoked. In response to question 20: I am or have been a manager at one or more of the Target stores on the attached list. Some or all of the stores may have liquor licenses pending or issued. I�Nl cu_,r_o � CL'.0, LZJ__ Marco Lynee Schneider 0828-002(20804) Target Corporation nn� II Arizona Stores with liquor licenses is�tf Wcr pending Store Address city Zip IRW b ice&V Notes 233 12602 N. Paradise Valley Pkwy Phoenix 85032 Marico a pending 319 1818 E. Baseline Road Tempe 85283 Marico a pending 851 7409 W. Virginia Phoenix 85035 Marico a 1 ending 854 3901 W. Ina Road Tucson 85741 Pima I pending 1432 16825 E. Shea Blvd. Ftn. Hills 85268 Marico a I pending 0828-002(20931) TARGET COVCjj;QTION Liquor licenses nationwide as of October 27, 2003 p Liquor Licensees " tate Off -Sale On -Sale Liquor Liquor Licenses Licenses Target Corporation Alabama 6 California 41 Colorado 5 Florida 36 Georgia 7 Illinois 2 Indiana 7 Iowa 7 Kansas 4 Louisiana 3 Minnesota 12 North Carolina 3 Oklahoma 3 Tennessee 2 Utah 6 Wisconsin 1 Michigan 9 8 SuperTarget Liquor Of Missouri, Inc. Missouri 3 SuperTar et Liquor of Texas, Inc. Texas 30 STL of Nebraska Nebraska 3 Marshall Field's Chicago, Inc. Illinois 13 9 Mayfair Wine & Liquor Shop, Inc. 1wisconsin I1 Dayton's Iron Horse Liquors, Inc. Minnesota 2 Rooftop, Inc. Minnesota 3 204 22 0828-002(20746) Target Corporation and Subsidiaries Liquor Violations (Nationwide) Target Corporation DLL C Store/Address Violation Date � �_ 'Violafron' ` ,g al Marshall Field's 1996 twll'Wn4n-br Uformation not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 02/05/1998 Sale to minor Information not 2752 W. Big Beaver Rd readily available Troy, MI Marshall Field's 03/25/1999 Sale to minor Information not 14200 Lakeside readily available Sterling Heights, MI Marshall Field's 06/22/1999 Sale to minor Information not 500 West 14 Mile Road readily available Troy, MI Marshall Field's 10/21/1999 Sale to minor Information not 700 Briarwood readily available Ann Arbor, MI SuperTarget 10/22/2001 Sale below cost $500 fine Shreveport, LA Marshall Field's 01/30/2002 Sale to minor Information not 269 Telegraph Road readily available Waterford, MI SuperTarget 07/2002 Sale to minor no fine Stone Mountain, GA SuperTarget 12/2002 Sale to minor $300 fine 71 Lakeville, MN Marshall Field's Chicago, Inc. a Target subsidiary Marshall Field's 02/25/2002 Sign and post of Information not Oakbrook Center Mail tax certificate readily available Oak Brook, IL violation (on sale rest. license) Marshall Field's 02/28/2003 Sale to minor Information not 1000 Spring Hill Mall readily available Village of W Dundee, IL Rooftop, Inc. a Target subsidiary Marshall Field's 12/2002 Sale to minor (on Information not 100 Nicol let Mall sale rest. license) readily available Minnea o is, STL of Nebraska a Target subsidiary SuperTarget 12/2000 Sale to minor $500 fine Omaha, NE 0828-002(20736) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:[-] Regular:® Meeting Date: 01/15/04 Contact Person: Tom Ward Requesting Action:® Tvneof Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv'(Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Rellular Agenda Wording: Consideration of the liquor license application submitted by Parkview Tap House located at 16828 E. Parkview Avenue. The application is for a Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the MCSO. 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, MCSO memo, application front page Type(s) of Presentation: Signatures of Submitting Staff: 1"t,ft-9 Z/./ D artment Head- Towti-Manager Budget Review (if item not budgeted or exceeds budget amount) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION CITY/TOWN OF FSTATE APPLICATION NO. 1 2075726 COUNTY OF Mari copy , ARIZONA. CITY/TOWN/COUNTY NO. ORDER NO. At a Regular meeting of the Fountain Hills Tn cnun(-iQf--the)0ky/Town/B� (Regular or Special) (Governing Body) of Maricopa held on the 1 5th day of Tannary 2003 the (Day of Month) (Month) (Year) Application of Annamari P 141Tccay for a license to sell spirituous liquors at the premises described in Application No. 12075726 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Annamarie is hereby recommended for approval (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. ✓I CYST OWN/6>�tJ4vl'RX CLERK DATED AT Fountain Hils This 1 5th day of ,anuary , 2003 (Day of month) (Month) (Year) ` Disabled individuals requiring special accommodations please call the Department Ik 1007 09/1997 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floorna400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 .-$(520) 628 6595 (602) 542-5141 - AFFIDAVIT OF POSTING Date of Posting: 1.2 / 1 7 / 0 3 Date of Posting Removal: 1 / 5 / 0 4 Applicant Name: 1411GGAjz Annamari a Last First Middle Business Address: 16828 E. Parkview� units RRC` Pminfain Hills 1L7 852r'f3 Street city Zip License #: 12075726 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelvn Bender Town Clerk 480/837-2003 Print Name of-Cit4RURtXOfficial Title Telephone # �L ;ram 1 /1 5/04 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 Uc0119 03/1999 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: January 7, 2004 FR: Tom Ward RE: Parkview Tap House Director of 1 !�L Liquor License Application - Annamarie and Patrick Hussey are requesting Council approval of a new Class 12 liquor license for Parkview Tap House located at 116828 E. Parkview Avenue. 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 applicants are Arizona residents and have no outstanding wants or warrants. The applicants have a Fountain Hills business license on file. Based on statutory compliance and a favorable recommendation from the MCSO, staff recommends approval. WE \\earth\BBrannon\Liquor Licenses\Staff Memos\Parkview Tap House Liquor License Application.doc Page 1 of I `.. MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: Tom Ward From: Galen Reifschneider #960 Director of Public Works Special Events Coordinator Fountain Hills District 7/Fountain Hills Subject: Liquor License — The Parkview Tap House Date: January 5, 2004 M. Aroaio. Sheriff The purpose of this memorandum is to provide an endorsement of the attached liquor license application for The Parkview Tap House located at 16828 East Parkview Avenue. 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 applicants, Annamarie Hussey and Patrick Hussey are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for either party. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and 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 �y° -"``' 800 W Washington Sth Floor � � 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATI FOR �LIQOK L�L�ENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Alzents, Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. � �asf la-1�-o3 SECTION 1 This application is for a: I SECTION 2 Type of ownership: INTERIM PERMIT Complete Section 5 13ff CEIVED ❑ J.T. W.RO.S. Complete Section 6 NEW LICENSE Complete Sections 2, 3, 4, 13,14, 15, 16, 1 ❑ INDIVIDUAL Complete Section 6 `1 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) I ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4,11, 13, 15, 16,17 DEC 6 2003 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY)OUNrAJN HILL.� ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4,12, 13, 15, 16, 17 TOWN CLERK ❑CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10,13,15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: o ob 1. Type of License: 1 7' 2. Total fees attached: S 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. 1. Applicant/Agent'sName: Ms (Insert one name ONLY to appear i 2. Corp. /Partnership/L.L.C.: 3. Business Name: �P.�KV 1—� r,J , ►� A ni (Exactly as it appears on the exterior of premises)'' 11-- 1I ` 4. Business Address: b 2 —PAz � V if �J l .� r)-S B I L I'd of-j7p r i t1 t IS N IA�ZG01 JA + �S Z �� (Do not use PO Box Number)�� SO City L COUNTY Zip 5. Business Phone: (�) Residence Phone:( 6. Is the business located within the incorporated limits of the above city or���n9 ;5L EIS //❑NO 7. Mailing Address:�� City tale Zip 8. Enter the amount paid for a 06, 07, or 09 license: Accepted by: ' / Fees: ��— Application DEYAKIMEN I UNE UINLY 4/ �/� of License ONLY) F. Prints PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issue j tp tk location. 3. Enter the license number currently at the location. I z D �' 4 !" � `l�f L L 4. Is the license currently in use? )� YES ❑ NO If no, how long has it be n,q�l nf'uep? Ir ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I Rsctk A e-D �eLL igt4< F `jO y D , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, S'COGKHOLDER OR LICENSEE of the stated license and location. X - OFFICIAL SEAL /` `" CARD LYNN THOMACK 7 .:. N07ARY U LIC-STATE OF ARIZONA My comnss son Y• „ MY y SECTION 6 Individual or Partnership Owners: State of County of�'� The foregoing i trument was acknowledged before me this 6 06 D 3 D Month Year (Signature OTARY PUBLIC) EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual Last First Middle % Owned Residence Partnership Name: (Only the first partner listed will appear on license) General -Limited Last First Middle % Owned Residence Address Ci State Zi n n 0 ❑ ❑ p/ (ATTACH ADDITIONAL SHEET IF NECESSARY) Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address Citv State 2 O p H o � W a Ara W W *ftr 1bb3 EEC 12 P 3: 0 b Iry O N w U M CCU Q o w � � w N w v � H U N U N SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101 ", AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. A5 CORPORATION Complete questions 1, 2, 3, 5, 6, 7, S. ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy ofArti�Ts of Org and Operation Agreement �. Name of Corporation/L.L.C.: `fit !� �`� �b (Exactly as it appears on Articles of Inc. or A4icles of Org.) 2. Date Incorporated/Organized: 1 2 I -/ 0 3 1 c] E L 'Sle 2ere Inc6$orated/Organized: 3. AZ Corporation Commission File No.: 1 1065+-:7 — 1 Date authorized to do business in AZ: f Z 15I U--,S 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES }ENO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: last First Middle Title Residence Address Citv State Zip 11 II /J `G (�L C 'v ✓� . ` r Apt 7prso ; SZ / , /i Pi4J c e c. , �vl ` �� (� �57v N. erh Son1' �r f� PScc 6 Ate. 7101� (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Iast First Middle % Owned Residence Address Citv State Zip r G p % 6 35?v At Try Sb�' pt.4rc ®iw- I fC, i, 2vi'sb l T L 5� c.i I Y►/�YL- !!. / 07 % % (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 SUBMIT A COMPLETED FORM "LIC0101 ", AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter or Bylaws)) Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last D L L C First Middle Z. Assignee's Name: Last First Middle 3. License Type: License Numqtfl- me C I ? P 3: 01 Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation/L.L.C. Name: 3. Current Business Name: Last (Exactly as it appears on license) (Exactly as it appears on license) First Middle Entity: (Indiv., Agent, etc.) 4. Current Business Address: Iwo, 5. License Type: 6. Current Mailing Address (other than business): License Number: Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, convect and complete. X (Signature of CURRENT LICENSEE) My commission expires on: 11 State of County of The foregoing instrument was acknowledged before me this Day Month Year (Signature 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. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: r (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: ®LLC Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: r 1. Distance to nearest school: ` ' -mil Name/Address of school. (Regardless of distance) J 4 tA_ 2. Distance to nearest church: LL__f1 Name/Address of church: (Regardless of distance) rO'y�,TAZ_Al Ct —LLB gzrtf ScH,)C)C_ lbNz. A-- 5S_2L� 30or Foal,-, rL sLA - R(ucl' 3. I am the: �L ESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) If the premises is leased give lessors name and address: S F -A fZ ,7 0 f 4-s r T-4J (-- ) & 2-0(,c _ Mea-L,,--AJ e, J , l � [ f kZ 97 4a. Monthly rental/lease rate $ U 0 What is the remaining length of the lease? r � Yrs � mos. 4b. What is the penalty if -the lease is not fulfilled? $ t" I A or other �AwG� OF ��- (give details - attach additional sheet if necessary) c_ 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ 100 o G C� Does anyone creditor represent more than 10% of that sum? 2-YES ❑ NO If yes, list below. Total must equal 100%. f — Firer Miridle o/ nl i Recirimre Adflm q City State 7in Sr R o(fs N1,6,A1)cVVx")1 Gr'! 4 & r(sZ (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES J9 NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES KNO 9. Is the premises currently licensed with a liquor license? 1!1 YES ❑ NO If yes, give license number and licensee's name: It- 120-i- 4 5 3 4 P_L -4A ,art.1) �_ LJC,4,sc T::l o. I (License #) (Exactly as it appears on License) I SECTION 14 Restaurant, or Hotel -Motel Applicants: Is there a valid restaurant or hotel -motel liquor license at the proposed location? � YES El NO If yes, give licensee's name: Gl' I _ C tf 11 rL I7 aM license #• 12-- (� -�- �i S of Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your i application is pending; consult A.R-S. Section 4-203.01; and complete Section 5 of this application,,53 CF C 12 , 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? AYES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Check ALL boxes that apply to your licensed premises: 9 Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARIQNG LOTS, LIVING QUARTERS, ETC aL pis�, U-J s U V CUVN `vVA to Y-R _T1 e- � "V_% ASS 0'Llrer YOU MUST NOTIFY THE DEPARTMENT OF LIQ OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. t Z Zqa� SLO S, S. �UVVC 11 ro:1 Pr S4-p a S 3C.c,n,�a,-�lri,�^�-�S�v�� Q -7 cic,l���1C' �A CIOV-% SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. .st below the exact names of all churches, schools, and spirituous liquor outlets witdriT—t m half mile radius of your proposed location. 1 2. UJG L 0 6S4V 10 3. C 6-1 LIA A(LIC 5 6-PZ LL 4. AiwiLfl _ 4Ati L� ;) (b 5. T CC M04'46-ArJS i 6. t�2f)niTAj.NI gills (e,t IMLLri'l- /JilLly( 7. 8. QSC 0 9. /u/% I`Z2'/P r klf"- 10. CA bV 1l. [A�iJUN'iArt ^I V iPtA) 12. ►lf'hg, L r, ,1,a.j,eL 13.9�� 7 AT _1 �U ('CU�ITAZ� 14 15 TTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. A,j i'j r-vm, I, COvtyS" declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGENT listed in Section 4 Qdestion 1) this application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. I State of X V`v Z' The foregoing instrum ,\ Day My commission expires on: OcuV OFFICIAL SEAL CAROLE LYNN THOMACK (Signatwr' (a NOTARY PUBLIC -STATE OF ARIZONA "a MARICOPA COUN 4 2004 ' My Comm. ExpiresJuly County of J / I I� C 6`y_1 `" pt was acknowledged before me this e O�. -V-bvL '2-0 /) .3 Month / ' Year PUBLIC) SAMPICLUP, GEOGRAPHICAL DATA 01 1a63 �ZZ 1 Z P 3. In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location.(See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 3z Mi . 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: A. No retailers license shall be issued for any premises which are. at the B. time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). C. or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building; 3 1. 2. 3 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor '� 400 W Congress #150 Phoenix AZ 85007-2934 DL ;:►.: Tucson AZ 85701-1352 (602) 542-5141—� L C (520) 628-6595 Jutjj L �.nn RESTAURANT OPERATION�PL;6P LICENSE # J 49— D % , �6r) List by Make Mnrlel and C'annrrity of yrnir Grill Oven f3 :c{ y 2 e c �� I Y S t,c4-i b 3 3� erg iSwv Freezer 1C Caw oa jZ U Refrigerator ` z �k10 Sink .3 > o-V� 'ss 6A< 3 S. Dish Washing s 3 s --L% Facilities I Food Preparation 3 k 3 Counter (Dimensions) S5 q x.3 Other c-, 4 f. rrun, L�-�wi'tl - v: s Print the name of your restaurant: Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises J b. Bar area of your premises [ + 1 7- ] c. Total area of your premises [ I ] 5. What type of dinnerware and utensils are utilized within your restaurant? A Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ❑ Yes % AC No .7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.)[ *Disabled individuals requiring special accommodations, please call the Department. Uco 114 05/1999 Does your restaurant contain any games or television? '5( Yes ❑ No If yes, specify what types and how many of eaotty e (Televisions, Pool tables, Video Games, Darts, etc). 3: n Do you have live entertainment or dancing? (If yes, what type and how often?) bfYes ❑ No 10. Use space below or attach a list of employee positions and their duties to fully staff your business. b - r'vylCS — k t cup k c# I-V1;d I, & M f } PAA7 e, 4- A S64j , hereby declare that I am the APPLICANT filing this application. I have (Print full name) read this application and the contents and all statements true, correct and complete. X ;& e� (Signature of PLICANT) My commission expires on:: State of % t.(, Z�i'l County ofu W The foregoing instrument was acknowledged before me this 1 day of ay Month Month Year 4 (Signature of NOTARY PUBLIC) 2 OFFICIAL SEAL CAROLE LYNN THOMACK NOTARY PUBLIC -STATE OF ARIZONA MARICOPA COUNTY My Comm. Expires July 4, 2004 - -0 NACHO ('HIP-5 gr SALSA ........ 3.25 DfUY,F, GH66S6 GF-ISp ....... 5.25 — Seasoned ground beef, cheddar chtase onions, black olives, tomatoes, Salapcno t-l"S t7A6KEIT ....................... 3.50 Regular or seasoned curly G0M50 'i5ASKf;T .................... (o.25 Deep fi-ied mushrooms, zucchini, hot wings, onion rings cheese sticks gr poppers served with carrot ft celery stix fr raruh dressing GHIGK6N WIN(gs ...................5.50 Tatars Dozen (o) Ghoica of hot, medium, mild, teriyaf:i or barbecue, carrot fir celery stir fir ranch or blue. cheese dressing GHft�S6 STICKS ..................... 4.85 Fried mozzarella sticks GHEf,SE -- With green chilies and salsa. Add ground beef or chicken $i.26 GH66S6 CPS )P ....................... 315 — Tortilla topped with cheese fir served with salsa t5ASK6T OF LUCCHINI .......... 4.15 -- Pxer Nttcred NACHOS �r GHE640E ............... 3.15 -- Cheese sauce and salsa NACHOS WIP96M6 ............... 5.55 Chips topped with cheese sauce, seasomd beef, black olives, tomatoes, onions, `jalapeno, guacamole, sour cream and salsa t5ASKET ONION RIN(A5 ........ 4:15 -- fttr battered tMWT OF MUIDWOOMS .... 4.50 -- 5ttr battered 3'"'P6N0 V0PP6F-S ............ 415 POTATO SKINS ...................... 5.25 Cream Cherie Topped with cheddar cheese, XTRA �nNDiMr,Nf`S ';� fNTS bacon bits fir sour cream M�NGHIES VLl1S FISHgr Fy-If,S............................................................................................... (O.q9 Scar battered, served with fries fir tartar sauce CHICKENT6NDt9!5 .................................................................................. (0.15 Deep fried breaded chicken breast, served with fries fir ranch dressing PIZZA l V l' r kIN LA D: Extra Cheese -Pepperoni -Sausage -Kam - Namb+lrg r]-C! -tpp - -f r i � pPors - Mushrooms - flack Dlivcs - Talapcno - Pincapple -Tomatoes - Dnions --Mchovicb ADDITIONAL ITl✓MSoo .................................................................................................................... L' ,�565.15 NOUSE- S' GIAL..............................................................................-....................................._..1.15 13.25 Chinese, pepperoni, mushrooms, onions, green peppers and taiusago i TACO CVI io.g5 i4.g5 - Seasoned ground beef, black olives, onions, lettuce, tomato#i '3313*0 and salsa ALLiliE WAY.............................................................................................................................. l5s© t�.q5 - 13 Moms!!! (Anchovies upon rcqucst) VIZZA -CLASSIC NEt %VOLITAN PIZZA .-....................................... $.x5 10.25 - Dl* oil, mozzarella, provolone, tomato slices, shredded parmesan choose i I SOUPS AnD SALADS "ANTMTO" SALAD Vcppc�oni, ham, mozzarella choose, onion, black olives, mushrooms, tomatoes, groan pcppers, pepperchinis, shredded parme.6an, croutons, sorvc44n bed of romainc 515 CAFW- SALAD $5.2-5 W/ (AMLED (30<6N 13VZA51- $4.50 Croutons and Shredded Parmesan 0 TACO SALAD 5CWL %rcddcd icttucc, topped with scasoncd ground bccf, chopped tomatoes, green onions, green popper, black olives,ialapono, cheddar choose, sour cream, guacamole, and salsa � HOUSE SALAD ac-oso, tomato, onion, mushroom, grocn pepper fir pepperoni on bed of romaino lott= 5DWL OF "$00? OF 17H6 DAY" Small Fowl IM Largo Bowl ?-Aq t5utte.red Toasted V-oll ... qq Cents EY,TRA DY-655,IN64... 50 CENTS 16LEIi HOn9EY ML60" - OiL b. YWEf*'R - wo tSLrwD SVCH 710 An 27hr evIr L)Vt OL+ VUj-"- Dr. ......................ljL L')C — I/2 lb. ground beef. provolone cheese, bacon, lettuce, tomato, onion, served on a toasted ltUU� CSC 12 ;-) $URUF✓K................................ 4.q5 I/4 Lb. ground beef, topped with lettuce, tomato fir onions served on a toasted, buttered bun ... 38A chusc .5o "VNILLY STEAK" SUS ......................... .... 5.Cr5 -- Shrt4dcd ribeyc steak, provolone chose, grilled onion and green peppers, served on grilled french roll, with Au 7'us "ROAST i5EEF" SU? .............................. 5.t6 Ibin sliced roast beef, provolone cheese, lettuce, tomato, onions, on a drilled french roll, horseradish available upon request "GLUV►" 505......................... I................. 515 -- Turkey, ham, bacon, provolone cheese, topped with lettuce, tomato 6r onion, served on a french roll =iSH" SANDWIGN...................................5.45 Deep fried cod, served on a buttered bun, topped with lettuce, tomato and onion, tartar sauce —AM cheese .50 'vEUE" 5U5............................................ 4.15 'provolone. cheese, mushrooms, black olives, jalapenos, green peppers, lettuce, tomato fir onion, served on a french roll -'MubHV-DDM' SUF-669......................5.2.5 1/4 lb. ground beef, provolone cheese, sauteed =MWA ooms, cheese, lettuce, tomato and onion 3: on a toasted bun "HOU5G" $UIE5 -- Ham, pepperoni, provolone cheese, served on a grilled french roll, topped with Iettuce, tomato, onion, jalapenos and Italian dressing "GNICK<✓N" SANDWICH .......................... 5.45 Carillcd chicken breast, provolone cheese, topped with lettuce, tomato and onion, served on a toasted bun "TURKEY" SUt3 ....................................... 5.45 — ibinly sliced Turkey '5rcast, provolone cheese, topped► with lettuce, tomato fir onions, served on a French Foll "GNIGK�N (-UV-DON t L"* ..................5.135 Grilled chicken breast, ham and swiss cheese, topped with lettuce, tomato and onion, served on a toasted bun "RUftN" SANDWICH ...........................5.45 -- Csrncd beef, swiss cheo" * sauerkraut served on light rye bread with Iwo island dressing on the side, 8UR6ERS. SU" & SUCH iERVED WITH CHIPS i FICKLE Substitute Fries, curly Fries, Onion Rings, colt Slaw or Cottage cheese for $1.00, or a Side Salad for V 50 . Z.. Y ill '�'. . •��: * R1v EYE STEAK (qoL) SERVED 'M" S", FWES MAD 1r,tS-ET£FfD ROLL $11.50 RAGk "ST. LOUIS STYLI✓" 13AR-?,-QUG SvARERIl3S S)CM D WITH SALAD fir FWES $9.99 -- PPME R18- but potato, salad, buttered roll S�nEED 9 qq 0^BONS OR 1nt�S+lRddMS 85 EA. r-1 Topped with cheese and ® C.OF-N DOG - C UF-LY Ft 'S Fy ..'. �2.7� -bne topping 1 All include a scoop of ice Cream. 0 bMT6 - D9 ?ePP .9 - LCMONA06 - IC E;P Tf A - COFFef, - MILIC - 50TTLeo WATi6R ROOT WLER+ * 'PfMej- IiOUSC WINE ------- -------------- --------- -- I- WINE .................................................................. ..ate •� ZINFANDEL - C.HARDONNAY - Me ►T- CAtWFJyET KENDALL-TACKSON C.HAFWNNAY OR. C.AfWF-NET.... ............................. ......... 5.15 5i6F4N6gfF- WHITE ZINFINADCL.................................................................................... 4.54 HOCUe GHAR.DONNAY...................................................................................... ................ 4.2.5 6'PIN0 &F46IO CHAR.00NNAY................................. ........................... ....,..................5.15 5LA61COAK CHARDONNAY....................... .................... ................................................. 4z5 rOF-5f,L SPLIT.......................................................................................................................... 5.50 tiouca ✓ -MIMOSA" ................................................. �.04 ................................................................... F-O(AeT 6HAM?A(ANi: SPLIT ......................... ... 2.15 .................................................................. TINSHIRTS STUFF Tap House T - bbirts Ladies Se Pens Med, Lg fir Y,4 $15.00 - 04 16.ao _ House Tank Tops * Ladies fir Mens (M - L-X121 o Tap House Naffs fir Visors -• �� 15.04 30""LIEDUSTIFRS AMSTEL LIGHT * BECKg!i'fi �� '��Ub SLIGHT * COORS COORS LIGHT * CORONA/ CORONA LIGHT * DOS EQUIS AMBER * FOSTERS * HEINEKEIN * LABATTS* MICHELOB MICHELOB LITE * MGD * MILLER HIGH LIFE * MILLER LITE MOLSON GOLDEN * MOLSON ICE * MOOSEHEAD * NEWCASTLE * O'DOULS * O'DOULS AMBER * PACIFICO ROLLING ROCK * SKY BLUE * SMIRNOFF ICE * TECATE TERRA NEVADA PALE ALE TEQUIZA * ZIMA * ZIMA CITRUS FOUR PEAKS KILTLIFTEF 1qfA'� I I I� BASS* BLACK & TAN * BUD * BUD LIGHT * COORS LIGHT * HARP * FAT TIRE * BLUE MOON GUINNESS STOUT * TAP HOUSE BLONDE ALE * KILLIAN RED * MICHELOB AMBER BOCK * MICHELOB LIGHT * MICHELOB ULTRA LIGHT * MILLER LITE * WIDMER FEWEIZEN * WINTERFEST (Seasonal) WIN"AY DINING SPIECIALS V�t�i�N�SDI�Y FRInt�Y TAP BURGER AND FRIES FISH TACOS - PRIME RIB ✓sUNDM 14" (1) Item Pizza & Pitcher of Domestic Beer 12-15 4 KARA®KIF o TUTS 6 SAY 9 O� LIVE TNTERTAINA IEN4 WERY FRIDAY IiA'P'PY "OU9 DAILY I I — (o DNLY To Go Charge, .50 ccnts par itam ARIZONA DEPARTNIENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor 400 W Congress #150 Phoenix AZ 85007-2934 •► Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR A i 1TQF';nRtES,#W-& #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. §4-205.02(G). Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7.. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return'(copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/2003 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign RGut each work day) D. Payroll records for all employees showing hoM46rlto eph e land hourly wages Y. 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. §4-210(A)7 AND A.R.S. §4-205.02(G). A.R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. §4-205.02(G) For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I,(print licensee name): .S5 /r Last First Middle have read and fully understand all aspects of this statement. of P�- State of 2C LrJx- w County �/ l� CL' The foregoing instrument was acknowledged before me this x IrSS (Signature of Licensee i�E� OFFICIAL SEAL CAROLE LYNN THOMACK NOTARY PUBLIC -STATE OF ARIZO ssioM,64&%%M.tNTY L/ My Comm. Expires July 4, onth Year I DL day of D—_c-e—b& 20U7 Day Month Year �?kLA4 e;t" ,(Signatur Vof NOTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 1 Tucson W Congress #13 Phoenix AZ 85007-2934 Tucson AZ 8552 (602)542-5141 QUESTIONNAIRE (s2o)62s-659-159s Attention all Local Governing Bodies: Social Security and Birthda jnti-frlation is Confidential. This information may be given local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting, or any public view. E. Read carefully. This instrument4k swe doiuniey �e r print with black ink. An extensive inyestigation of your background will be conducted. al e�r incomplete answers could result in criminalprosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. 1 j� �` G A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) / (0 1. Check appropriate box —, ( If the location 0% currently licensrdL-- Owner ❑Partner NStockholder ❑Member fPfficer Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2.Name: H Y ANIVAMIaRIE Date of Birth: d)'C-L I ' 73 Last First Middle (This Will Not Become a Part of Public Records) 3. Social Security Number: O 1 b SO cict5 b Drivers License #: D U 3163 Q b'3 State: A Z (This Will Not Become a Part of Public Records) 4 . Place of Birth: C HESTGfZ E= tV G L%'. ^ID Height: 5 Fr Weight: IJ _ Eyes: Sr,;,wi Hair: �w1 City State Country (not county) 5. Marital Status ❑Single Married ❑Divorced ❑Widowed Residence (Home) Phone: (!}8U) ia36 - -0C) C) I Name of Current or Most Recent Spouse: H U55e `f PA Tr I C K /j Date of Birth: 12 ' 19 - 6$ t all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7.7. You are a bona fide resident of what state? A Z If Arizona, date of residency: I O 13 1 O 3 8 Telephone number to contact you during business hours for any questions regarding this document. (( 1 594 - Q35 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: P-1RI,VIEW Tn oc5E 4 4 Premises Phone: (,- SOO 53-4- 52-7-4D _I Un i + moriCOPQ . 11. Licensed Premises Address: I b`b2-8 L. PRar-Vi(-w •A FOU NTi91N N)t-LS ^ A Z grj2b� Street Address (Do not use PO Box #) City County Zip 12. List vour emolovment or tvoe of business durine the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) G O z ii C> o AccUv^t Adrninisirct Ric d uc, y Truest Gorr (n v 1 i l d£ful .5t fRcff> C)I j r-A Ozl 2 (OZ q 102- S iUdc��t lUo t c�s�c/n U,, ��is 'ty, g C tc�� a-2-o b b�00 ZI 7 7eC-Ui F 1�rSCGIgStreat 3C6tGY-� m� ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name address and phone number of landlord City State Zi t Q I o3 CURRENT f#a lb3�b /v Tho-,p`— l 't✓i C Pra �KwH �I P D7 ZC b -L/a NOlU2(� -- r�'� A 21C, ! <1 `-t t�2 3b3• N -T 1,C n S U^✓ SCOttSdalP AZ �5326 IZ qq IUlo3 O Iq � crt,5CYl rCrrcSCe, ©Uli1Ct) MA ()D6 51g9 IzIGq R 3,4 s-tcwrrt Se, +b - e w,ti� ir)IGw_ Can ma cox, 4I q 3 5 jqq o 18Z ELm STREE7 Qv IN Gy MA U?ab LIC 0101 04/2003 Disabled individuals requiring special accommodations please call (but) aa[-Vuz i If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the S ❑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 *0 If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffLf2joigigns, include only DYES AO those that were alcohol and/or drug related 16. Have you EVER been convicted, fined, posted bond been ordered to deiWt #Wb iW2CLsoaed had sentence DYES 10 suspended, placed on probation or parole for violation of ANY law or or tnance(r dl o i position even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES VNO 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 [DYES N�O had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked suspended or tned in this or any other state? 19. Has anyone EVER riled suit or obtained a judgment against you in a civil action, the subject of which involved DYES *0 fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, DYES *0 or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statementgiving 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 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, 0 t)SSE Y , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read his questionnaire and the contents and all statements are true, correct and co letQe. , I�� State of �C/ Zd7�%4tounty of ��� C O�c X Y rv'S The foregoing instrument was acknowledged before me this A cant) C,."f JUvaz J �yof�useuARA Year AuSPy Mon►aau „ UNTY �M zoos My commission expires on. Day Month Year ( ofNOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OIt\�,GENT APP*OVING A MANAGER APPLICATION 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENI) day of Day My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) Month Ycar �,rne�r p ICx� �G DLLC 2D93 DEC ; 2 P 3= 01 �n NbLoMZX--, G U R2�NT - M ArZ►� � � `-I L..Gr2 2�5+ LAN n,4 � I b356 N- THCmP�on/ pE,4ic nfa21�( cw� y Sconsan�E, P.z2 b0 a a 8 7 ri r-\OnGiOl DGrfa Z Heri-tGC�. t� D� sCt�ttSUO� AZ Ssaaa Pe-�-R Gre-- /o — Address 1PhOne nvmbe,- c. DLLC tQ� oEc 2 3: o Z 'E. CI- X� IT U.1 CV 41. :MC o ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL tF 800 W Washington Sth Floor Phoenix AZ 85007-2934 (602) 542-5141 QUESTIP V�ARE 400 W Congress 9150 \ l Tucson AZ 85701-1352 v (520)628-6595 \ / Attention all Local Governing Bodies: Social Security and Birthdate Information is C nfidential. This information may be given to local law enforcement agencies for the purpose of background checks nI ut iPu6be blocked to be unreadable prior to posting or , ppbQ;c vi w. Read carefully. This instrument is a sworn document. Type or print with black ink. m An extensive yestiglation of your background will be conducted. Farse or incomplete answers could result mt in crtna prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License #% Eff. 10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. � S!7U A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) l 1. Check appropriate box —, ( If the location is currently livenst-d) ®Owner ❑Partner Stockholder ❑Member Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2.Name: NUSSP( WRA NUeI Date of Birth: tz-/19IGE, Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 0I 16U ZICt O Drivers License #: Do 3106-7 q State: *Z. (This Will Not Become a Part of Public Records) 4. Place of Birth: QU l MA. l/ } A Height: % ( Weight: 215 Eyes: Fy'k Hair: $WA1. City State Country (not county) 5. Marital Status ❑ Single [R Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (qgo ) (a36 - %Go6 6. Name of Current or Most Recent Spouse: HisStr ANNAMA21 VMJ- 6115 Date of Birth: W/C 7.? st all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? Q2 If Arizona, date of residency: D 8 Telephone number to contact you during business hours for any questions regarding this document. (i( i 7 ) .5% V - '7 3.�- 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Q(ZS VICVJ 16? "UUSL Premises Phone: 11. Licensed Premises Address: %��i E �,tlrK 1�� nl Du.t/fi4� ✓v R� Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent I st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT AIAKRIpr Gof, I -lauyDefL ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented attach additional sheet giving name, address and phone number of landlord City State Zip 0 03 CURRENT ('ONk J,6,fb Al. ?e4X W6 s��ttroale�4Z . uZG,1 ��t�ra��e / 1,140< S)dµt,z 41919At(S 1 z /qg I c Jo (2,,N w4rsob m VY, IA14 ou f�gS' I Z/4Cl n1.111- 3 y srew44-r T. L�vr u,, �� ,�v/.oar LIC 0101 04/2003 Disabled individuals requiring special accommoaauons please cau (out) w_ yoc i C/�y b' s� v y . i � lr �"� � s r pri—C4 &k4i a/�Q.��ctirD (�,,) ,Al MPa MZ- If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the YES ❑NO the licensed premises ? If you answered YES, how many hrs/day? 8 , 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 tKNO If the answer to # 14a is "NO", course must be completed before iss a c f a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For tra i v' la ' s include only �KYES ONO those that were alcohol and/or drug related 16. Have you EVER been convicted, fined, Posted bond, been ordered to deposit bail, imprisoned, had sentence RYES ONO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES 0INO 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 DYES LINO had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19, Has anyone EVER filed suit or obtained a iudement against you in a civil action, the subject of which involved DYES 56NO fraud or misrepresentation ofa.business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, DYES %NO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license, 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I,NOEL HU SSt�( , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. ,, raj State of 0ZOM1 County of 179a�— The foregoing instrument was acknowledgeeed before me this (J&21ure of Applicant) I JUANI A CIA A cc.A.,. /yam—r(7/1—�C ay ' Month c Year Day ofNOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE ORVGENT APiROVING A MANAGER APPLICA 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) My commission expires on: Day Month Year day of Day Month ym (Signature of NOTARY �Uvlz zf-Nr - �A��Tb lb� RQs►DE '�,e� tm6 N, TIjOV?SON 964L PArC WAY sco-f- DAU kz- 65260 OLLC 4�6 501-1-733 Z003 DEC 12 P 08 4 ��8 - 5-/T9 Pfree LA-AD0k-fSSIPN V IPAA " 11W✓CP Jz /i1/o,3 . On, o t+,, S t G-t or f'ermpnt / FrGrlKl�n CoL-+r`t, i �pr t-nis demeQrnor Pa-.asc- -cx� �J OF mG rj uGrnb ,to the 5tc>r- CC Ond -reQS��� OLLC Z003 OEC 12 P 3: 0 8 0 - - Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 1/15/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document.Needine Anuroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADnromiate 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 ❑ Finance Regular Agenda Wording: • Consideration of RESOLUTION 2004-01 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly and easterly property lines of Lot 19, Block 2, Plat 506A (15330 E. Walnut Lane) as recorded in Book 159 of Maps, Page 30, Records of Maricopa County, Arizona. EA03-24 (Lau) Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on November 19, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: 1,41 /,Odg./ partment Head' Toww4anager 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: December 17, 2003 FR: Art Candelaria, Civil Engine RE: Easement Abandonment 03-24 Randy Harrel, Tow Engineer] 15330 E. Walnut Lane Reviewed: Tom irector of Pu I Wo ks Plat 506A, Block 2, Lot 19 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 northerly and easterly property lines of Plat 506A, Block 2, Lot 19 (15330 E. Walnut Lane) as shown in Exhibit "A". The property owner of Lot 19 desires 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 owner of Lot 19 is required to pass the developed flows generated by the upstream lots across their property. • Staff recommends approval of Resolution 2004-01. Enc: Resolution Exhibit C: Brian Lau Terry & Barbara Steele Joseph Valerio \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-24 - 506A-2-19.doc M RESOLUTION 2004-01 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 NORTHERLY AND EASTERLY LOT LINES OF LOT 19, BLOCK 2, OF PLAT 506A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 30, 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 northerly and easterly property lot lines of Plat 506A, Block 2, Lot 19, Fountain Hills, as recorded in book 159 of maps, page 30 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 19 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 2004-01, 506A-2-19 EA03-24.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 15, 2004. FOR T W F TAIN HILLS: ATTESTED TO: r W.J. Nic . s,�May Bevelyn J. 04ndr, Town Clerk REVIEWW, BY- APPR VED AS TO FORM: c Tim`G. Pickering, Town Mar Andr J. McGuire, Town Attorney Resolution 2004-01, 506A-2-19 EA03-24.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 506-A BLOCK 2 LOT 19 LOT LOT 24 \ / / r / r r / , rr �`/ / r ABANDON 10' P.U.E & D.E. / 1 20' 40' SCALE: 1" - 40' DATE: 12-10-03 0 LOT 9 \ \ / 1 Ar 56 ! J ! J I J ! J J , LOT 18 �! ; ! J / J �! !! LOT 12 ! ! / J / t Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 1/15/04 ContactPerson: Tom Ward Requesting Action:® TVDe of DocumentNeedint! 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 ❑ Finance Ret Isr A ends Wordinz • Consideration of RESOLUTION 2004-02 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line of Lot 11, Block 2, Plat 505D (16837 N. Sourdough Pl.) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA03-25 (Zahara) Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on November 25, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: Al AV2� 141�� D artment He ✓' G 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: December 17, 2003 FR: Art Candelaria, Civil Engineer R RE: Easement Abandonment 03-25 Randy Harrel, Town Enginee , 16837 N. Sourdough Pl. Reviewed: Tom Ward, Director of Public Works Plat 505D, Block 2, Lot 11 This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easement located at the northerly property line of Plat 505D, Block 2, Lot 11 (16837 N. Sourdough Pl.) as shown in Exhibit "A". The property owner of Lot 11 desires 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 owner of Lot 11 is required to pass the developed flows generated by the upstream lots across their property. • Staff recommends approval of Resolution 2004-02. Enc: Resolution Exhibit C: Jan & Joe Zahara Melinda Hutchings Scott J. Boyd \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-25 - 505D-2-1 Ldoc RESOLUTION 2004-02 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 TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 11, BLOCK 2, OF PLAT 505D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, 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 twenty (20) foot public utility and drainage easement, located along the northerly property lot line of Plat 505D, Block 2, Lot 11, Fountain Hills, as recorded in book 158 of maps, page 41 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 11 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 2004-02, 505D-2-11 EA03-25.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 15, 2004. FOR T)E OWN Q"OUNTAIN HILLS: W.J. Ni REVIEWED BY;, D Tim G. Pickering, Town Manager Resolution 2004-02, 50513-2-11 EA03-25.doc 2 ATTESTED TO: 09AIXAMMU /i ,% i /' Town Clerk i :/ •; APPROVED AS TO FORM: 0 1 Aj�� Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-D BLOCK 2 LOT 11 McDOWELL MOUNTAIN PARK "77UV OF FOUNTAIN HILLS -------------------- 0 20' 40' SCALE: 1" = 40' DATE: 12-10-03 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 01/15/2004 Contact Person: Julie Ghetti Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Council authorization for the FINAL PAYMENT to Maricopa County Department of Transportation for Intergovernmental Agreements #C67982422; C64981222, Shea Boulevard Projects in the amount of $118,062. Staff Recommendation: Approve Fiscal Impact: Yes 1118 062 Purpose of Item an!"ackground Information: Staff is recommending approval of the final invoice from Maricopa County Department of Transportation for improvements to Shea Boulevard. The invoice was received subsequent to the adoption of the Fiscal Year 2003-2004 budget and is unappropriated within the Street Department budget. The project was, however, included in the calculation of the Street Development fees; therefore, the payment will be made from that fund. List All Attachments as Follows: Interoffice Memo - Intergovernmental Agreement with MCDOT for Shea Boulevard Project Type(s) of Presentation: None Signatures of Submitting Staff: c . (a, b"-jz& Dep tment lead Town Manager / ISesignee \\earth\jghetti\wpdata\agenda cover sheet.doc Budget Re i w (if item no dgete or exceeds budget amount) �0�1yfAW 1�,\ a z �T. ivN9 that is F+tu' TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: December 16, 2003 THROUGH: Timothy Pickering, Town -Manager FR: Julie A. Ghetti cc atin Supervisor RE: Intergovernmental Agreement with Administration MCDOT for Shea Boulevard Project In April, 1998 the Town of Fountain Hills entered into an agreement with Maricopa County Department of Transportation (MCDOT) for improvements on Shea Boulevard from 144th Street to Palisades Boulevard and Beeline Highway to the Crossroad commercial development. The conditions of the agreement were that MCDOT would complete the project and be reimbursed by the Town of Fountain Hills for its proportionate share, estimated at $484,000. The project was completed by December, 2000; however, when the invoice was submitted for reimbursement the Town disagreed with the completed project cost of $560,000 and deferred the payment. Over the course of the next two years Town staff, legal counsel and the County worked to resolve the dispute. In March, 2002 Town staff approved $394,129 to be paid which left a balance of $118,062 scheduled for payment in FY2003. This amount was included in the FY02-03 budget in the street department; in August, 2002 MCDOT submitted an invoice to the Town Attorney, Mr. Bill Farrell, for the balance but it was not forwarded to accounting with an approval for payment. On November 7, 2003 the County wrote a letter to the Town Manager, Mr. Pickering, requesting payment of $118,062. The Town Public Works Director, Tom Ward, approves disbursement of the final payment for the project but there is not enough funds in the streets budget for this expenditure. This project had been included in the calculations for developing the Street development fees which means that it would be appropriate to make the payment from that fund. Staff is recommending that the Council approve the payment to Maricopa County for the balance of the agreement, to be paid no later than January 20, 2004. Mr. Pickering, Mr. Ward or myself would be happy to answer any questions that the Council may have regarding this outstanding invoice. Cc: Tom Ward, Public Works Director °PA o� Maricopa County Department of Transportation ' 2901 W. Durango St. Phoenix, AZ 85029 9Rtzo (602) 506-8644 customer Name Town -of -Fountain Hills, Mr. William E. Farrell Address PO Box 17958 - ---- --------------- ----------- City Fountain Hills State AZ ZIP 85269 Phone Acting Town Manager INVOICE Date 8/12/02 Invoice No. 68921 FH Qty Description Unit Price TOTAL 1 Intergovernmental Agreement C67982422, C64981222 $118,062.00 $118,062.00 Shea Boulevard Projects, 144th St to Beeline Hwy (Remaining from total amount of $512,191.00) I Intergovernmental Agreement between Maricopa County and the Town of Fountain Hills MCDOT Contact. Kent Hamm WO# 68921 and 68925 rayment uetans Q Cash Q Check Q Credit Card Remit To: Maricopa County DOT Attn: Bridgette Moore 2901 W. Durango St. Phoenix, AZ 85009 SubTotal $118,062.00 i TOTAL r $118,062.0 ) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 01/15/2004 Contact Person: Julie Ghetti 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 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 Rejzular Agenda Wording: Consideration of extending letter proposal with Willdan to provide professional plan review services as needed for mountain plats. Staff Recommendation: Approve Fiscal Impact: Yes $30,000 (estimated) Purpose of Item and Background Information: Staff is recommending approval for extending the agreement with Willdan Professional Engineers to conduct plan reviews for the mountain plats. Professional outside service is requested so that the plan review process is not interrupted during the staff vacancy in Public Works. List All Attachments as Follows: Interoffice Memo - Plan Review Services Contract Tyne(s) of Presentation: none Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) \\earth\jghetti\wpdata\agenda cover sheetl.doc Lt TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: January 9, 2004 THROUGH: Timothy Pickering, Town Manager ing Supervisor FR: Julie A. Ghetti, Ac171— RE: Plan Review Services Contract Administration Since the beginning o the current fiscal year the Public Works Department has been short staffed due to the vacancy of plan reviewers, a planning manager and a senior civil engineer. The vacancies have extended longer than anticipated which has resulted in reliance in outside professional services for plan reviews; however, there will be a corresponding vacancy savings of wages and benefits in the Building Safety and Public Works budgets. The original request for plan review services was estimated to be $18,000 and intended to cover a short period until staff plan reviewers could be hired. However, the year to date costs have exceeded $20,000 and could be higher depending on the amount of hours necessary for Willdan to complete plan review of the mountain plats. The staff wishes to inform the Council of the expenditure exceeding $20,000 per Town Code 3- 3-2 (copy attached) and request approval to extend the contract with Willdan to avoid disrupting the plan review process. I would be happy to answer any questions that the Mayor and Council may have. Cc: Tom Ward, Public Works Director Attach: Town Code Section 3-3-2 Section 3-3-2 Council Approval; When Required No purchases shall be made by or on behalf of the town without first obtaining council approval in the following instances: A. Where prior approval is required by this code; B. Where the purchase of the item is not provided in the budget as adopted; C. Where the funds for the purchase are not provided in the budget as adopted; D. For the expenditure of funds in an amount in excess of twenty thousand dollars. (98-27, Amended, 09103/1998) Page 1 of 1 �47 W I LLDAN Serving Public Agencies January 14, 2004 Mr. Timothy G. Pickering, CEcD Town Manager Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85269 Subject: Amendment #2 to the Professional Services Agreement Dear Mr. Pickering: 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 949/470-8840 fax 949/770-9041 www.wilidan.com This serves as Amendment #2 to the Professional Services Agreement. The following is a description of the amended services: 1) Assist with the administration of the Planning and Zoning Division including but not limited to: a. Assist in the supervision of the Town development planning and code enforcement activities to include: i. Assist in the development review process. ii. Supervision of assigned staff. iii. Assist in the presentation of staff recommendations to Town officials. iv. Assist in the coordination of current and long range planning projects and assistance in ensuring compliance with applicable Town laws, codes and ordinances. v. Assist in providing highly responsible and complex administrative support to the Public Works Director. The fee for the above services will be charged at Willdan's pre -established hourly billing rate of $130.00 per hour for 96 hours, not -to -exceed $12,480.00 (including travel and subsistence). I Mr. Timothy G. Pickering January 14, 2004 Page 2 We hope this amendment meets with your approval. However, if it does not meet your expectations, we would appreciate the opportunity to review your concerns and adjust our scope of work and fee accordingly. If you have any questions or need additional information regarding this proposal, please contact Mr. John Poole at (714) 940-6300 or john.poolekwilldan.com. If accepted, we understand this agreement is subject to cancellation by the Town pursuant to Arizona Revised Statute 38-511. Respectfully submitted, WILLDAN David L. Hunt, P.E. Senior Vice President Regional Office Manager Orange County Cc: Susanna Struble, Willdan, Phoenix E:Tetters2003\LeUer Proposals\FountainHills\CodeEnforcement3.doc Jo W. Poole ode Enforcement Snecialist Accepted and Approved: Town of Fountain Hills by Timothy G. Pickering Town Manager Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Sub nri[ttio Depanent Parks and Recreation r� Consen❑ Regular:® Meeting Date: January 15, 2004 Contact Person: Mark Mayer Requesting Action:,® e of Document Needing Aporoval (Check all that appl ❑ 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 Pr►ority (CheckApiiropriate 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 Amda W ordinz Consideration of recommendations for recovering costs associated with Fountain Hills youth sports organizations use of Town facilities. Staff Reco>E nnendation: Approve Fiscal Lnpact:l Yes $$4 300 (savings) - $19 110 (new revenue) Purpose 4Item and Background Information: In December 2002, the Town Council reviewed and directed staff to implement budget reductions as outlined in the Town Manager's Fountain Hills Budget Reduction Analysis Report. These recommendations continue that effort and simply ask the respective organizations to be more responsible for their field use and costs associated with that use. List All`°Attachnieints as Follows: Staff Memo Type(Oof'Presentation Oral Signature O► 6,,101 n'a, Y\11� C. )L�I- Department Head Town lblanager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPARTMENT INTER OFFICE MEMO TO: Mayor Nichols & Town Council DATE: January 5, 2004 FR: Mark Mayer, Director Bryan Hughes, Recreation Supervisor RE: Youth Sports Organizations' Use Of Town Facilities Partnership History For several years, the Town of Fountain Hills Parks and Recreation Department has had outstanding partnerships with the local youth sports organizations such as the Little League Association, Soccer Club, Pop Warner Football and Cheerleading, the Lacrosse Club, PONY League Baseball and Jr. Miss Softball. The Town, in cooperation with all of these organizations, has worked to provide much needed recreational opportunities for the youth of the community, along with well -maintained athletic facilities at which to play. It is the department's hope and desire that this strong relationship should continue. Budget History In December 2002, the Town Council reviewed and directed staff to implement budget reductions as outlined in the Town Manager's Fountain Hills Budget Reduction Analysis Report. In that report, the Parks and Recreation Staff recommended several options to increase revenues and reduce the department's budget, including eliminating recreation programs, eliminating staff, eliminating or reducing park maintenance operations, reducing the time the Fountain is operated, and finally, changing field preparation fees and policies, specifically as they relate to local youth sports organizations (see attachment, page 12, item #6). Although all of the recommendations were not implemented immediately (staff felt the youth sports organizations needed to be informed and involved with creating the new fees and policies and procedures), the recommendations and action taken in the past fiscal year was carried over into the current fiscal year budget, with an estimated $4,300 in revenues included in the budget for costs to be recovered from youth sports organizations. To that end, staff initiated meetings with the respective groups in the fall of 2003 to inform them of proposed recommendations with a target date of implementation of January 1, 2004. Needless to say, the recommendations were met with resistance by all of the youth sports organizations. Issues There were five main issues identified in the December 2002 report with regard to field preparation fees and policies, specifically as they relate to local youth sports organizations: 1. "No -Shows" — Although the issue of "no-shows" has been brought up as way to help save money in the Town budget, the impact cannot be quantified at this time and thus will be monitored more closely over the next year to determine if further steps need to be taken. The respective youth sports organizations have agreed to help eliminate this issue without the need for implementing additional fees. A policy has been developed to address this issue. 2. Athletic Field Lighting - Electricity costs that would not otherwise be incurred if these programs were not being run at Town facilities, regardless of whether games or practices are being held. Staff is not recommending recovering costs associated with field lighting. 3. Field Preparation (Games) — Unlike Scottsdale, staff is not proposing a fee to use fields, but simply options for recovering direct costs associated with each organizations use of Town facilities, which the Town has been subsidizing. Specifically, preparing and lining fields for games for each organization requires staff time and material costs that would not otherwise be incurred if these programs were not being run at Town facilities. 4. Field Preparation (Practices) — Field preparation for practices would be part of the day-to- day maintenance and would not be subject to fees. Fields may be dragged but not lined. 5. Administrative Guidelines — A new administrative policy has been developed for reserving Town park facilities and will be implemented in the near future that sets guidelines not only for local youth sports organizations but also for individuals and other organizations that utilize these facilities. Community Benefit The Town of Fountain Hills, especially the Parks and Recreation Department, acknowledges the benefit that the local youth sports organizations provides to the youth of the community. The organizations rely on volunteers to coordinate the league, coach teams, officiate games, operate concessions, and much more. It would be impossible for the Town to run these leagues as cost effectively as they do as a result of this volunteerism. Over the years, in addition to coordinating their respective sports, some of the organizations have also helped give back to the Town. For example, Little League donated and installed three scoreboards and a flagpole at Golden Eagle Park, while the Soccer Club donated two athletic field paint liners. Whereas the Parks and Recreation Staff does not deny that these groups are a benefit to the community through their countless volunteer hours and donations, we also recognize that there are other factors that need to be considered. Around the Valley Fountain Hills' budget situation and cost recovery recommendations are not unique. Currently, Fountain Hills provides fields, field preparation, and athletic field lighting at no cost to any of the local youth sports organizations. Here is what some other Valley communities do: • Apache Junction — Does not charge youth sports organizations for field use, preparation or field lights for games, however groups are charged fees for practices. • Gilbert — Does not charge youth sports organizations for field use or preparation, however they do charge for field lights (at reduced rate if an organization is a member of the Gilbert Sports Coalition). • Peoria — Provides fields, field preparation, and athletic field lighting at no cost to any of '`, the local youth sports organizations if they are sanctioned by the city. • Phoenix — Does not charge youth sports organizations for field use or preparation, however groups are charged for field lights. 0 Mesa — Charge youth sports organizations $48 per team for fields and athletic field lighting for their season. Also charge for athletic field lighting for off-season youth sports organizations' use of facilities. Considering increase to these fees. 0 Scottsdale — Recently implemented a $3 per hour usage fee for all youth sports organizations, which includes lighting but does not include field preparation (see attached articles from Scottsdale Republic). Previously, Scottsdale did not charge youth sports organizations for field use or field lights, with the organizations providing their own field prep. While Scottsdale and their Little League organizations' reaction has shown how tight budget situations and the solutions can strain relationships, it has also set an example for other cities to follow in cost recovery methods and plans for long term maintenance costs. Staff Recommendation Three cost recovery options have been proposed and forwarded for your consideration: 1. Recover all costs associated with field preparation for games and athletic field lighting. This would result in approximately $19,110 in new revenue. 2. Recover all costs associated with field preparation for games only. This would result in approximately $7,460 in new revenue. 3. Combine the purchasing of materials by the individual organizations for their use and utilize volunteers for field preparation for games. This would result in annual savings of approximately $4,350, but no new revenues. Two options show new revenue generated from providing services while the third option reduces the Town's expenditures and relies on volunteer services from the organizations (see attachment for a breakdown of potential fees by organization). The Parks and Recreation Commission reviewed the above options at their meeting on December 8, 2003 (see attached meeting minutes) and did not approve any of the options, but instead chose to add an additional option for the Town Council to consider: 4. The Town should continue to subsidize field preparation and athletic field lighting for all local youth sports organizations. Staff recommends that the Council support one of the original three options presented. The Town of Fountain Hills, as well as several other organizations that previously relied on support from the Town, have all done what was necessary to reduce the Town's expenditures over the past year as directed by the Town Council. These recommendations continue that effort and simply ask the respective organizations to be more responsible for their field use and costs associated with that use. Options for Recovering Expenses From Fountain Hills Youth Sports Organizations Using Town Parks Costs were estimated based on '02-'03 field use: Option #1 Recovering direct costs associated with field preparation and athletic field lighting: • Ball Field Prep - $12/prep/field • Soccer/Football Field Prep - $80/ initial prep/field & $60/maintenance prep/field • Athletic Field Lighting - $10/hour/field Estimated cost to youth sports organizations annually: • Little League o Game Prep: 200 @ $12 ea. = $2,400 o Lights: 615 @ $10/hr. = $6,150 o TOTAL - $8,550 • Soccer Club o Game Prep: 7 @ $80 ea. = $560 o Game Prep: 54 @ $60 ea. = $3,240 o Lights: 450 @ $10/hr. = $4,500 o TOTAL - $8,300 • Pop Warner Football o Game Prep: 3 @ $80 ea. = $240 o Game Prep: 17 @ $60 ea. = $1,020 o Lights: 100 @ $10/hr. = $1,000 o TOTAL - $2,260 TOTAL POTENTIAL REVENUE - $19,110 Option #2 Recover direct costs associated with field preparation only: • Ball Field Prep - $12/prep/field • Soccer/Football Field Prep - $80/ initial prep/field & $60/maintenance prep/field Estimated cost to youth sports organizations annually: • Little League o Prep: 200 @ $12 ea. = $2,400 o Total - $2,400 • Soccer Club o Prep: 7 @ $80 ea. = $560 o Prep: 54 @ $60 ea. = $3,240 o Total - $3,800 • Pop Warner Football o Prep: 3 @ $80 ea. = $240 o Prep: 17 @ $60 ea. = $1,020 o Total - $1,260 TOTAL POTENTIAL REVENUE - $7,460 1 Option #3 Em The purchasing of necessary materials combined with volunteer service to prepare fields by the individual youth sports organizations. Budgeted expenditures for materials FY '03-'04: • White Athletic Field Marking Paint - $2,250 • Red Athletic Field Marking Paint - $1,650 • White Athletic Field Marking Chalk - $825 The Town of Fountain Hills uses approximately $375 in materials. The remaining expenditures are a result of youth sports organizations. Estimated savings to Town: $4,350 in materials. Explanation of Fee Breakdown: Field Prep Baseball/Softball Cost of Two (2) PT Staff - $30/hr. 20 minutes to prep per field = $10/per field Cost of a Bag of chalk - $6/bag. 1/3 of bag used per field = $2/field TOTAL COST TO PREP PER FIELD = $12 Soccer/Pop Warner — Initial Lining Cost of Two (2) FT Staff - $50/hr. 1 '/2 hours to prep per field = $75/per field Cost of 5 gallons of athletic field paint - $25/5 gal. 1/5 of a bucket per field = $5/field TOTAL COST TO PREP PER FIELD = $80 Soccer/Pop Warner —Ongoing Lining Cost of Two (2) FT Staff - $50/hr. 1 hour to prep per field = $50/per field Cost of 5 gallons of athletic field paint - $25/5 gal. 1/5 of a bucket per field = $5/field TOTAL COST TO PREP PER FIELD = $60 (rounded up) Athletic Field Lights Cost to light each athletic field = $10/hour 2 Fountain Hills Budget Reduction Analysis Findings and Recommendations Report Prepared on 12/3/02 Parks and Recreation Department Savings Recommendations S443,683 1. 27% of the Parr and Recreation Department is spent planning and conducting recreation programs and events. This operation costs the Town $314,676, 4.32 FTE, and over 13,000 staff hours. After consulting with the recreation management team, we recommend eliminating all programs that do not generate revenue, including Concerts in the Park, 4th of July, and St. Paddy's Day, APRA Youth Forum, Eat IT Run, Eggstravaganza, Kids Zone at Concerts in the Park, Late Night, Library Partnerships, Party in the Park, Scavenger Hunt, Teen Adventure Series, Youth Town Hall, and Summer Field Trips. Additional reductions include Club Assistance, NRPA Month, Paws in the Park and the Volunteer Program. They also recommended to further reduce programs in (includes less courses, reduces supplies & services): Arts & Crafts, Computer Courses, Dance for both Youth & Adult, Hiking Series and Language Lessons. Contract savings would save approximately 67,000 and reducing FTE 1.5 equates to $109,610. Total savings of S176,610. 2. We currently spend 1.12 FTE on customer service counter activities. After consulting with Parks and Recreation management team, we believe we can reorganize these activities and reduce the need by .27 FTE thus saving approximately S19,800. 3. The maintenance in the parks, including operations (2.72), preparing fields (2.56), repairing park equipment (.64), and preparing athletic fields in-house (32) require a total of 6.24 FTE and costs approximately $456,431 according to the above data. After consultation with the Parks Management team, we are recommending the reduction of 1 FTE with an approximate savings of S73,073. 4. Park maintenance not only involves personnel but also contract dollars. After consultation with the Park Management team, we believe we can reduce contract cost by reducing the amount of mows, irrigation, and reseeding. The Parks would not be overseeded or look as nice, but the overall annual savings would be S124,200. 5. Running the Fountain Park fountain on the hour, twelve times a day for fifteen minutes costs approximately $120,000 annually. If we reduce the time the fountain runs by 5 minutes each spray, the Town would see a savings of approximately $40,000 annually. The fountain would run 10 minutes an hour versus the current 15 minutes an hour. Staff has been told this will not affect effluent dispersal. Total savings S40,000. 6. Changing our field preparation fees and policies. The Department prepares sports fields for a number of local youth athletic organizations. These include baseball, football, lacrosse, soccer and softball. The fields are prepared year round for both practices and games at no charge. Athletic field lighting is also supplied at no charge. There are frequent problems with no-shows. Field use requests continue to grow annually and will likely continue. In comparing ourselves to other valley communities, we are not unique; others also do not charge a field use fee. What we would propose is the following: a. Fee for no-shows ONLY. b. Charges for athletic field lighting. c. Charges for field preparation, games ONLY. d. Fields prepared only for games, NOT practices. e. Setting guidelines for reserving the fields. These steps would both reduce costs and generate additional revenues. We estimate conservatively that we spend over $20,000 annually on providing these services at no charge. We estimate that with these changes, and the resulting lowered costs, and some additional revenue, the net would be approximately S10,000. Fountain HiUs Budget Reduction Analysis Report Page 12 1113/02 Little Leaguers cry foul on fees Page 1 of 2 JScentrakom Email this article Print this article Most popular pages Click to send Click to print Today I This Week Little Leaguers cry foul on fees Groups upset over city fees for field use Lesley Wright The Arizona Republic Dec. 8, 2003 12:00 AM SCOTTSDALE - Little League groups will call on all of their clout and goodwill today to try and halt a new Scottsdale fee for youth sports clubs. City officials, who were hard-pressed for cash as they slashed the municipal budget, began a one-year pilot program in June to charge a $3 per hour fee for use of city and school district sports fields. The hope was that fees would bring in close to $100,000 a year to cover the cost of field maintenance. Little Leagues don't have to wait for the end of the trial period. They already know they don't like it. Instead, they want to make a one-time donation of $20,000 in exchange for a fee waiver. b ,cottsdale City Council will decide today whether to give the baseball clubs a but continue charging other youth groups. Or it could drop the whole idea and lose a critical revenue stream for keeping fields free of dust, ruts and uneven surfaces. The District 6 Little League, which serves up to 5,000 children in Scottsdale, said the city should credit its long history and the millions of dollars of league funds that have gone into the ballparks. City officials estimated that the fee would be $20 more per child to play Little League in Scottsdale. "When the City Council approved a use fee earlier this year, the initial reaction from some league parents and officials was shock and perhaps even anger," Arcadia Little League President John Murphy said, speaking for other District 6 presidents in the proposal to the council. "Some people felt that our longstanding partnership with the city, parks and recreation and the school district was going unnoticed or at least unrecognized." The clubs may have to reduce their own funding for capital projects if the fee continues, Murphy warned. Scottsdale officials said the city and school districts have had to drastically cut their own maintenance budgets. Little League officials may contribute more, but they also use more hours and are harder on the fields, said Bill Exham, Scottsdale's general manager for Community Services. Th- idea for the fees came out of a task force representing various sports groups. ask force was trying to address the problem of the field conditions, which slbmd deteriorating when school districts cut their budgets. The council agreed to kick in $106,000 the first year to improve the six worst school fields. The fees were started so the maintenance could continue. "From our perspective - and this is a city staff perspective - it would be very difficult http://www. azcentral.conVphp-binlclicktracklprint.php?referer=http:Hwww. azcentral.comlcommunity/sc... 12/30/2003 Little Leaguers cry foul on fees Page 2 of 2 for the City Council to waive the fees for Little League and not the other groups," Exham said. 'The issue is that the task force came up with a solution to continue maintenance for the future. If they waive the fees, where would that money come from?" last year, all sports groups used the fields for free and Scottsdale picked up the or lighting and other needs. This contrasts with other Valley cities such as Glendale, where clubs pay $5 per hour to use the fields, and Chandler, which asks for $5 per hour and $12 for lights. The Scottsdale Parks and Recreation Commission voted in November to recommend that the fees continue until the costs and success of the program can be evaluated at the end of the first year. The council will vote on the issue at its meeting, which begins at 5 p.m. at City Hall, 3939 N. Drinkwater Blvd. Reach the reporter at lesley.wright@scottsdale republic.com or (602) 444-6883. Email this article Print this article Most popular pages Click to send Click to print Today I This Week http://www. azcentral.comlphp-bin/clicktracklprint.php?referer=http:Hwww. azcentral.comlcommunity/sc... 12/30/2003 Council makes right call on Little League fees Page 1 of 2 Bashas' weekly specials u+�rny�rkt .Az+ ' 1 " k Email this article Print this article Most popular pages Click to send Click to print Today I This Week Council makes right call on Little League fees Granting relief wrong when repairs are needed and budgets are tight Dec. 12, 2003 12:00 AM Is Scottsdale playing hardball with Little League? Not really, though it might have seemed that way this week when the Scottsdale City Council rejected Little League's plea for relief from new pay -for -play ball field fees. It was the right decision. The timing of the Little League proposal was wrong, and the council was gracious with its time to even entertain the offer. The council voted 6-1 Monday to decline to reconsider the $3-per-hour fee pilot prpnram, which had been approved June 16 to offset public school field enance costs amid budget concerns. Councilman David Ortega, who is running for mayor and who asked that the item be put on the agenda, voted no. Local Little League representatives wanted the council to waive the $3 field fees for the next season in exchange for a one-time grant of $20,000, which would be about half of the youth baseball program's share of the field maintenance costs. The city would have used contingency funds to pay the other $20,000. The $3 user fees go toward a city program designed to improve some decaying Scottsdale Unified School District ball fields used by youth sports organizations. Some of the most popular fields at Cochise, Cocopah, Laguna, Mohave, Pima and Supai schools badly need rehabilitation. The school fields look especially needy when compared with city -maintained fields at parks. But with tight budgets, neither the school district nor the city had handy cash to pay for the work on the run-down school fields. The total annual cost is about $106,000. The $3 field reservation fee seemed - and still seems - reasonable. It's fair to ask the folks who put the wear -and -tear on the fields to help pay to keep them in playable condition. The users also are the ones who benefit from the maintenance work. Little League officials said the fees come out to be about $20 a player. The council enacted the fees for one year, with the idea of revisiting the issue at that point. Twelve months would give a better idea if the program needs to be fixed or eliminated. The council majority should be commended for resisting the political pressure to rework it after only six months. Irf tl feedback suggests that the fees are having some beneficial impact. One example is that field demand is lessening as organization officials put more thought into how many ball fields they need to tie up. This new discipline is a good thing, as there's a lot of competition for fields in Scottsdale. The fees discourage field hogging. http://www. azcentral.comlphp-binlclicktracklprint.php?referer=http://www. azcentral.comlarizonarepubli... 12/30/2003 Council makes right call on Little League fees Page 2 of 2 Little League has considerable history in Scottsdale and is a positive recreation for kids. But Little League is far from being the only youth sports organization that relies on city and school ball fields. It would have been wrong to cut a special deal with it. The others would soon be clamoring for similar treatment - and nobody could blame New fees for something that people are used to getting for free can be tough to accept sometimes. However, the heavy use of the ball fields costs money. And Scottsdale is not alone in charging for sports amenities. Chandler and Glendale charge $5 an hour to use fields. Chandler also charges another $12 an hour to use lights. Little League, it can be argued, is getting other breaks. Scottsdale pays nearly $33,000 for field utility expenses during an average Little League season, according to a report prepared for the council by the city staff. Little League would have had to pay nearly $124,000 during last year's seasons if the league had to pay for lighting at the general public rates. It could turn out next year that Scottsdale finds the money in the budget to pay for the field maintenance without charging fees. Or officials could suggest restructuring the program to make it work better. In any event, the council is correct to wait for the pilot program to run its course. To have exempted Little League from the fees this week would be like the Arizona Diamondbacks calling a game after the fifth inning. Email this article Print this article Most popular pages Click to send Click to print Today I This Week http://www. azcentral.comlphp-binlclicktracklprint.php?referer=http:Hwww. azeentral.comlarizonarepubli... 12/30/2003 Youth fees help improve fields Page 1 of 1 1111zcentrakom Email this article Print this article Most popular pages Click to send Click to print Today I This Week Youth fees help improve fields Dec. 26, 2003 12:00 AM The recent decision by the Scottsdale City Council to continue the fee -based field allocation program for youth sports should be commended. Old Scottsdale Youth Baseball supported this idea when it was recommended by the task force, and we continue to feel it is the best available option. All youth sport programs, including Little League, should pay fees, just as the rest of the soccer, football and Pony baseball programs will. As a youth baseball program in old Scottsdale, we have already benefited from the plan to assist those who play on the older, school -property fields. Our fields at Pima Elementary School have improved tremendously, and with our volunteers, we can make these fields as nice as those in the park system in north Scottsdale. These fields were neglected - now they won't be. The children in old Scottsdale can enjoy playing at facilities that are equally tiful. The city did the right thing, and the old Scottsdale community can be Shane Richardson Scottsdale Email this article Print this article Most popular pages Click to send Click to print Today ( This Week http://www. azcentral.comlphp-binlclicktracklprint.php?referer=http:Hwww. azcentral.comlarizonarepubli... 12/30/2003 `W TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE pARKS AND RECREATION COMMISSION •t M December 8, 2003 A public meeting of the Parks and Recreation Commission was convened and called to order by Chair Dick Schmidt at 5:30 PNI, Monday, December 8, 2003, at the Town of Fountain Hills Community Center, Seminar Room #3, located at 13001 North La Montana, Fountain Hills, Arizona. Call to Order - Present at roll call were the following members of the Parks and Recreation Commission: Vice Chair Carol Ayres, Commissioner Mary Alice Bivens, Youth Commissioner Lauren Conway, Commissioner Mike Howard, Commissioner Joe Pinter, Chair Dick Schmidt, and Commissioner Mark Smith. Staff members present were Michelle Carlson, Bryan Hughes, Recreation Supervisor, and Mark Mayer, Director of Parks and Recreation. Guests present at the meeting: Matt Tokasey John Jacobson Mary Williams John Turner Rob Trulson Beth Szwiec Sharon Intorf Sandra Guiney Andy Szwiec Tish Lynch Chris Michaelis Jerome Schulte Sam Lynch Lisa Kern Merry Silbaugh Al Vargo Bea Burton John Panezanica Allan Badder Elise Lyon Jason Pompeo Phillis Kern Don Williams Sandy Goodall Laurie Frontier AGENDA ITEM #1: CALL TO THE PUBLIC: No public comments were made. Meredith Spring Joanna DeNinis Jeff Blandford Dave DeGroote Joe Egler Lori Troller Arlene Hinkley Martha Silva AGENDA ITEM #2: APPROVAL OF THE MINUTES FROM THE NOVEMBER 10 2003 REGULAR MEETING: Commissioner Bivens MOVED to approve the November 10, 2003, minutes as presented. Commissioner Ayres SECONDED. The motion was made, seconded, and carried 7:0 to approve the November 10, 2003, minutes as presented. AGENDA ITEM #3: CONSIDERATION OF REMOVING THE AGENDA ITEM FROM THE TABLE ENTITLED "STAFF REPORT AND RECOMMENDATION REGARDING THE SKATE PARK THIS ITEM WAS TABLED AT THE NOVEMBER 10 2003 MEETING PENDING FURTHER INFORMATION —ACTION ITEM: Commissioner Bivens MOVED to remove this item from the table for discussion. Commissioner Ayres SECONDED. Director Mayer gave the following update: Parks and Recreation commission Meeting Minutes for December 8, 2003 Page 1 1. Of the three churches that were interested in a skate park facility, Christ's Church began construction of a skate park facility on its property. The intent of this facility is to encourage youth to come to church, and is not primarily intended for public use. 2. Director Mayer met with School District officials to discuss the Golden Eagle Blvd. basketball court site. The School District would allow this site to serve as the skate park facility with the Q following conditions: a. The gates would be locked and the facility closed during school, from 7:00 a.m. to 3:00 p.m., Monday through Friday. b. Lights would be turned off by 10:00 p.m. each night. c. The Parks & Recreation Department, Maricopa County Sheriffs Department, and School would be responsible for this park and provide supervision. d. Expenses associated with damage and vandalism to the park would be covered by the Parks & Recreation Department. Director Mayer discussed the following advantages and disadvantages: Advantages • Near Golden Eagle Park and the High School. There is also a restroom nearby. • Better court surface in this area. • Residential housing is limited in this area. • The area is more visible and accessible by drive -by supervision. • The fencing ism better shape in this area. Disadvantages • The area is smaller (8,760 s.f. compared to 11,100 s.f.). • The Skate Park Committee has expressed concern that since the Golden Eagle Blvd. site is not at the original Four Peaks Neighborhood Park area that funding a modular park now in this location might affect the Committee's ability to fundraise for a larger skate park with more amenities. Staff recommends the Golden Eagle Blvd. area, moving ahead with the modular equipment, and development of a thorough design. Commissioner Bivens asked what the difference was in the size and what other advantages there were for the Golden Eagle Blvd. site area. Director Mayer said modular equipment would be used instead of constructing a bowl. Additionally, the skate park would be located in a family concentrated park. Commissioner Ayres suggested the Golden Eagle Blvd. site would allow for the skate park to open quickly, and it could be more easily monitored than it would be at Four Peaks Neighborhood Park. Commissioner Smith asked if the Golden Eagle Blvd. site would be a temporary site until the necessary funds were raised to construct the permanent facility at Four Peaks Neighborhood Park. Director Mayer said the Golden Eagle Blvd. site would be a temporary site. The permanent skate park facility would be constructed at Four Peaks Neighborhood Park under Phase II Improvements, and the location of the skate park within the Four Peaks could change. Commissioner Bivens added that since the modular equipment was not permanently affixed, it could easily be moved from one site to another. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 2 P Commissioner Howard asked if anyone had started looking into other locations for the skate park U facility. Additionally, he suggested that perhaps a soccer field would be displaced at Desert Vista Q Neighborhood Park if the skate park facility were located there. Furthermore, Commissioner Howard W added there was strong sentiment for not locating the skate park at Four Peaks Neighborhood Park, 13 and perhaps other locations should be considered. Commissioner Smith said the temporary location at Golden Eagle Blvd. would allow for time to look into other permanent locations, and people would have a place to go in the meantime. Commissioner Pinter MOVED to recommend to the Town Council to move forward with the Golden Eagle Park location and purchase the modular equipment for this temporary location. At that point, it could be determined if the fundraising efforts would pan out, then the Commission could move forward with a permanent facility. Commissioner Ayres SECONDED. Commissioner Lauren asked what the disadvantages would be if the skate park were located away from school property. Director Mayer said fundraising could be hindered. Additionally, skate park users expressed a strong interest in a bowl design. If the location were unknown, it would be difficult to know what amenities would be needed in order to begin raising funds. Chair Schmidt said $60,000 is budgeted this year and it was being used for modular equipment ($43,000 - $50,000) and design work for a permanent facility. Director Mayer added that users would be instrumental in the design phase of the permanent facility. Additionally, it would take approximately one month to receive the modular equipment after it was ordered, and approximately six to eight weeks for the design. Chair Schmidt asked it this would require Council action and Director Mayer said it would, as well as contracting with a firm, then bidding on the equipment. Commissioner Bivens MOVED TO AMEND Commissioner Pinter's original motion to include the concerns expressed above, and suggested hiring a consultant, using funds to purchase modular equipment for the skate park, and using funds to begin the design process for the permanent facility. Commissioner Ayres SECONDED. Commissioner Bivens requested that staff take into consideration the comments mentioned, as well as moving forward with hiring a consultant, and using funds to purchase the modular equipment and begin the design phase. Public Comments Merry Silbaugh — Commented on the size difference between the permanent and temporary facility and asked if this would be indicative of a smaller permanent facility. Director Mayer said that modular equipment would be selected so that it could be used at both sites. Ms. Silbaugh expressed her concern that the second attempt at a temporary facility could be set up for failure once again. Director Mayer said staff learned several things from the first temporary facility: wooden structures are not desired, vandalism usually occurs after hours, and the proposed temporary facility would be a gated, locked facility, unlike the original temporary facility. Ms. Silbaugh also commented that perhaps other activities at the Golden Eagle Park site might be displaced with the addition of a temporary skate park facility. Director Mayer believed this would enhance Golden Eagle Park, and added that skaters would head to the temporary site once it was completed. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 3 P U 4 Phyliss Kern — After hearing the discussion this evening, Ms. Kern expressed the following concerns: W • Skate park users expressed a strong interest in a bowl structure with modular equipment. for failure, Ms. Kern believes Q • The temporary skate park approach was setting up the park and this to be a Band-Aid approach to the situation. • Ms. Kern encouraged staff, the Commission, and public to be supportive of the Four Peaks Neighborhood Park area as the permanent location for the skate park. This area could be cleaned up, there was already, a fenced basketball court area, and the skate park facility could upgrade the Four Peaks area. • Fundraising efforts would be halted because the permanent site had not been confirmed. • Ms. Kern said she had already lined up contractors, organizations, and youth to help out with the skate park facility. Elise Lyon — Lives across the street from the proposed temporary skate park site on Golden Eagle Blvd. She discouraged the placement of the temporary skate park at the Golden Eagle Blvd. site because she had witnessed kids coming into her neighborhood smoking and vandalizing the area. Furthermore, the school and sheriff's department do nothing to control this behavior. Additionally, Ms. Lyon said families and the school already heavily use the basketball court. Don Williams — Lives across the street from the basketball courts at Four Peaks Neighborhood Park and said community and school heavily use the basketball courts. The Master Plan showed the skate park in a different location than was being proposed in Phase II, as well as showing the existing basketball courts being expanded and upgraded. Sam Lynch — Lives within a half of a mile of Golden Eagle Park and said that current park activities already made it noisy in the neighborhood, and with the addition of a temporary skate park facility the noise will only worsen. Mr. Lynch asked if anyone had done a study to determine if this amenity was a priority for Fountain Hills and looked at the cost per user for this facility. John Turner — Asked if the basketball courts were still in the same location on the Master Plan, then would the skate park remain in the same place where it was being proposed. Director Mayer said the long-term plan was to keep the basketball courts where they were currently located. Mr. Turner asked how the existing basketball courts and an 18,000 s.f. skate park facility would fit in that location. Director Mayer said the inline skating facility would probably be removed, and suggested this discussion be put on hold until a permanent location was determined. Mr. Turner said both neighborhoods at Golden Eagle and Four Peaks Parks would be negatively affected and asked when the neighbors' concerns would be taken into consideration regarding the skate park. Furthermore, it seemed that a neighborhood was not a good location for a skate park. Jerome Schulte — Lives ,across the street from the Golden Eagle Park basketball courts and strongly discouraged the placement of any skate park in this area. There were too many problems with youth smoking and drinking in the neighborhood and law enforcement did not seem to respond to the situation. Mr. Schulte asked why there was such a need to rush a temporary facility. He suggested if the need was so strong that perhaps the other end of Golden Eagle Park should be considered since there was a natural bowl in that area. Chair Schmidt responded to many of the comments made this evening and stated the following: Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 4 • The stake park had been part of the Master Plan for five years and the concept plan was U developed with the youth and their families. 4 • This topic had been discussed for the last seven to eight months now. W • The location of the skate park needed to go on park property. The following was a short Q description of each park. o Fountain Park is a passive park. o Four Peaks Neighborhood Park is an active park. o Golden Eagle Park is an active park. o Desert Vista Neighborhood Park consists of the Off -Leash Recreational Facility (the dog park) and is slated for future development. • The budget has been cut to the extent of staff layoffs, program cuts, and level of service cuts. Furthermore, Chair Schmidt encouraged everyone to be constructive thinkers for the community. Sandra Guiney — Commented on the handful of vocal neighbors and suggested that if another amenity were being proposed, there might be other concerns. The skate park seemed to be a problem and it was disconcerting. Arlene Hinkley — Believes that no one was discriminating against anyone. She was concerned about the illegal activity that went on in the neighborhood and strongly encouraged everyone to consider a location outside of any neighborhood. Additionally, there were no restrooms or drinking fountains located near the proposed skate park facility. �w Philiss Kern — There was a restroom and drinking fountain in the master plan. Ms. Kern encouraged everyone to move forward with the skate park at Four Peaks so that fundraising could begin. Additionally, once the Master Plan was completed, the community would know what the development would be. Ms. Kern strongly encouraged the Commission to make a recommendation to the Town Council to move forward with the design and development of a permanent facility at Four Peaks and abandon the idea of a temporary facility at Golden Eagle Park. Commissioner Smith asked if it was the desire of the Skate Park Committee to abandon the temporary skate park and complete the concept design for a permanent facility, and Ms. Kem said that was correct. Commissioner Smith asked what the timeframe would be to raise funds. Ms. Kern said she already had contractors that were willing to donate. Additionally, Ms. Kern said she would like a commitment from the Town of $180,000 and the remainder $400,000 could be donated. John Jacobson — Made the following comments in response to the opinions expressed this evening: • The need for the skate park facility had already been identified. • The existing data would need to be reviewed (Master Plan, site visits, and permanent site). • The facility did not work at Golden Eagle Park. • The preference was not for a permanent location. • Should bring on a consultant with a portion of the funds to look at concept and develop plans: o Should investigate needs. o Should investigate a proper location. o Need to get Council approval. o Need to hire a consultant. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 5 o The concept plan process would help answer the needs of the community. • A temporary site at the High School would confuse the process and issues at hand. Commissioner Bivens clarified this meeting by stating that the discussion was not to move the permanent location of the skate park to Golden Eagle Park, but instead to look at a temporary location for users until a permanent could be established. She reiterated that the Golden Eagle Blvd. site was a temporary site and not a permanent location for the skate park facility. Commissioner Ayres said at a meeting several months that ago users expressed a desire to have a temporary facility until a permanent one could be constructed. Director Mayer further stated that the desire was to work with a consultant to address these issues and begin the design process, then purchase the equipment. John Turner — By this discussion at this meeting, Mr. Turner was under the impression that the permanent facility was being relocated to Golden Eagle Blvd. It was confusing for the public to understand what was going on since there was not design in place. The issue seemed to be the placement of a permanent facility and not a temporary one. Furthermore, Mr. Turner suggested that a plan should be developed and put to a vote. Commissioner Howard suggested looking at Desert Vista Neighborhood Park as an alternate option for the skate park facility. Additionally, if the Skate Park Committee did not want a temporary facility, then this idea should be abandoned. Joanna DeNinis — If the resources were not available and there was not consent for the placement of a permanent skate park facility at Four Peaks, then the issue was moot Perhaps Desert Vista Neighborhood Park was a better alternative. Commissioner Smith suggested that wherever the skate park was located there would be negative attention, and no one would be satisfied with any location. Perhaps a permanent location should be determined and then planning could begin. Martha Silva — She was concerned because time continued to march on, and since the time this issue started, many of the youth had already grown up and moved on. She suggested looking at the merits of the program. Additionally, she believed if the permanent facility relocated to Desert Vista that Morningside neighborhoods and neighborhoods of the new luxurious condos would be at the meetings making the same comments. Elise Lyon — Ms. Lyon's was involved with the construction of the concession stand and lights at Golden Eagle Park and suggested that planning was a very important process when developing this kind of amenity. Additionally, she reiterated the sentiments of Commissioners Howard and Smith and suggested working with `a consultant to address many of the issues presented at this discussion instead of rushing through this project. Commissioner Pinter asked why the design study would have to be site specific. Director Mayer said this kind of study could be done, but it was more costly. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 6 F- LL Q 0 P Um Commissioner Smith was concerned that the youth who enjoyed skating had been poorly treated, and said a skate park facility was needed in Fountain Hills and a proper location needed to be determined. IX Anonymous speaker — There was not adequate supervision at the Golden Eagle Park site, and a car Q driving by did not constitute adequate supervision. Commissioner Pinter MOVED TO WITHDRAW his original motion after hearing the opinions, because it appeared the desire was not imminent for a temporary or permanent skate park facility. Commissioner Ayres SECONDED. Commissioner Bivens MOVED TO authorize staff to work directly with a consultant on a conceptual plan for the skate park facility considering all of the remarks made this evening. Furthermore, staff should look at other sites and review this issue in January. Commissioner Conway SECONDED. Commissioner Smith suggested during the conceptual planning process that park usage be looked at, as well as determining whether or not Desert Vista Neighborhood Park was potentially a good location for the permanent skate park facility, and what would be compromised in the Master Plan. Commissioner Bivens asked for an update on this issue at the January Commission meeting, and Director Mayer said that one would be given. The motion was made, seconded, and carved 7:0 to authorize staff to work directly with a consultant on a conceptual plan for the skate park facility considering all of the remarks made this evening. Furthermore, staff should look at other sites and review this issue in January. AGENDA ITEM #4: APPROVAL OF THE FACILITY RESERVATION POLICY AND FEES — DIRECTOR MAYER — ACTION ITEM: Director Mayer reviewed his memo to the Commission that outlined three options developed by staff for reducing the Department's expenditures associated with field usage. The following lists a summary of the three options: 1. Recover direct costs associated with field preparation and athletic field lighting. Revenue Generated - $19,110 2. Recover direct costs associated with field preparation only. Revenue Generated - $7,460 3. Purchase necessary materials for field preparation combined with volunteer service by individual sports organizations to prepare fields. Revenue Generated - $4,350 Commissioners Ayres, Bivens, and Howard expressed their concern that services had been cut so much already, and Fountain Hills' youth should not suffer the consequences of these decisions. Commissioner Smith asked if other groups were already paying these fees. Director Mayer said other groups did pay for usage. Commissioner Pinter asked if there were charges for tennis court light. Director Mayer said if the courts were reserved, then there was a charge for the lights. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 7 (, Chair Schmidt said that Town officials, through Director Mayer, desired to recoup fees. Chair Schmidt fir+ encouraged the public in attendance to use the Commission meetings as a forum to discuss these issues instead of the local paper. Q Commissioner Ayres MOVED to accept new option four, which was to not charge any field usage fees for youth sports. This item should be taken back to the Town Council for further discussion. Commissioner Howard SECONDED. Commissioners Bivens and Ayers strongly emphasized option four was a Commission decision and not a staff decision. Public Comments Sharon Intorf — She wanted to make it clear it was because of the $10,000 figure announced in the local paper that prompted the letters to the editor. Additionally, last year there was a 33% increase to Little League enrollment and this year it was expected to increase again. Youth sports was a way for the community to come together and enjoy sports in the community. She thanked the Commission for its support Matt Tokasey — He would like to know exactly where the edict for the policy came from. The youth organizations were told by Director Mayer that it came from the Town Council, which seemed to be unclear. Mr. Tokasey would like to see youth organizations cooperatively work through the problem with staff and the Commission, but a level of trust needed to first be established. Mr. Tokasey said he would be willing to help fundraise, but the lines of communication needed to be kept open. Jerome Schulte — Enjoys being around youth and volunteer opportunities, and encouraged more public meetings such as this. Additionally, he said it needed to be made clear that charging youth was philosophically unacceptable by the community and other options should be considered. Perhaps another option could be a fundraising event. John Turner — He agreed with the Commission's decision not to charge the youth and suggested looking at other areas that could be cut. Allan Badder — Commended the efforts of the Commission and expressed appreciation for all of the volunteer time each Commissioner dedicates. Additionally, he said that both Milo Bonnin and Bryan Hughes had been very nice to work with and hoped they would continue their involvement in the Little League program. Mr. Badder also invited Commissioners to attend monthly Little League meetings. Sandy Goodall — She is the President of the Soccer Club and she applauded the Commission for its decision not to recommend fees for field usage. Additionally, she said that both the Soccer Club and Little League had requested the costs associated with overseeding and lining fields over the last two years, because they could assist with this, but the information had not been given to them. The Soccer Club did not want to see a line item in the Parks and Recreation budget for youth sports field usage fees. Additionally, Ms. Goodall had repeatedly asked for the information on "no shows" and she had not received it either. Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 8 IMM UO Laurie Frontier — She is concerned that many families might not be able to participate in youth sports if fundraising Q the fees for field usage were implemented. Ms. Frontier suggested looking at opportunities if these costs needed to be recouped, or charging a non-resident fee. Q Beth Szwiec — She is involved in Little League and said the frustration had been that this issue seemed to come from nowhere. Ms. Szwiec appreciated the Commission's support and said that many representatives could attend the Council meeting when this issue would be discussed. Director Mayer said it would be discussed at the January 15`h Council meeting. Sharon Intorf — The Little League fundraising effort was through the concession stand and requested that this remain as is. Additionally, she expressed her appreciation of the Commission's decision for option four. Al Vargo — He has been involved with Little League for many years now and commended the Commission on a job well done over the years. Additionally, he echoed the compliments for the Commission's decision to opt for option four. The motion was made, seconded, and carried 7:0 to accept new option four, which is to not charge any field usage fees for youth sports. This item should be taken back to the Town Council for further discussion. Commissioner Bivens would draft a memo to Council on behalf of the Commission reiterating the decision made by the Commission. AGENDA ITEM #5 CONSIDERATION OF A REQUEST BY THE SUNSET KIWANIS TO PLACE AN ART PIECE AND SIGN IN KIWANIS PARK — ACTION ITEM: Director Mayer said that Bob Travis would like to place a piece of art atop of the Kiwanis sign that would be located at Kiwanis Park. Former owners of Plaza Fountainside previously donated the art piece to the Town. Commissioner Bivens MOVED to accept the placement of the art piece atop of the Kiwanis sign that will be located in Kiwanis Park. Commissioner Ayres SECONDED. The motion was made, seconded, and carried 7:0 to accept the placement of the art piece atop of the Kiwanis sign that will be located in Kiwanis Park. AGENDA ITEM #6: UPDATE ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION — CAROL AYRES PARKS & RECREATION REPERSENTATIVE: Commissioner Ayres reported the following update: • The trail builders had two successful work parties. • A report on the status of the photo contest was made. AGENDA ITEM #7 UPDATE ON THE ARTS COUNCIL — TOE PINTER PARKS & RECREATION REPRESENTATIVE: Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 9 M Um Commissioner Pinter reported the following update: • The Fountain Park mural would be presented to the Board in January. • The Community Center restroom mural would be put on hold. • The Art Bazaar would be held on January 31't at the Community Center. • The poinsettia tree program would be ongoing through December. AGENDA ITEM #8• TOWN COUNCIL MEETING UPDATE — DIRECTOR, MARK MAYER: Director Mayer reported the following update: • At the November 20'h Council meeting the Public Art Master Plan was approved. Commissioner Schmidt handed out a recommendation for the Off -Leash Recreational Facility located in Desert Vista Neighborhood Park that he would like to be considered in next year's budget AGENDA ITEM #9• ADJOURNMENT OF MEETING: A motion was made, seconded, and carried 7:0 to adjourn the meeting at 8:00 PM Fountain Hills Parks and Recreation Commission By: Dick Schmidt, Chair Attest: Mark Cp.�Maayer,, Director o f Parks and R creation Prepared by: 1,� C �. Michelle Carlson, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Fountain Hills Parks and Recreation Regular Meeting held on December 8, 2003. I further certify that the meeting was duly called and that a quorum was present. By: Dick Schmidt, Chair Parks and Recreation Commission Meeting Minutes for December 8, 2003 Page 10 December 16, 2003 Dear Mayor Nichols and the Town Council, The Park and Recreation Commission at its regularly scheduled meeting on December 8, 2003, discussed various options to recoup a portion of the costs associated with field use by our local youth sports organizations. The Commission voted unanimously to forward an option not recommended by Department staff. After careful consideration and discussion the Commission felt very strongly that no fees should be charged to youth organizations for site preparation or field lighting. The financial cuts to staff, programming and park services have already severely limited the Park and Recreation Department's ability to provide services the community deserves. It is with respect and a clear conscious that the Commission urges the Town Council to seek some other method of recovering the necessary funds to continue the support of youth sports. The Commission accepts the full responsibility for this recommendation and feels that the staff should not be held responsibility for the actions of the Commission. Respectfully, Fountain Hills Parks and Recreation Commission Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 01/15/2004 Submitting Department: Admin Contact Person: Julie Ghetti Consent:❑ Regular:® Requesting Action:® Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDTODrlate 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 Relzular Agenda Wordiny,: Discussion with possible direction to staff regarding a request for proposal for consultant services to review the Town development fees. Staff Recommendation: Approve Fiscal Impact: Yes $$28,000 Purpose of Item and Background Information: Staff is recommending approval to proceed with procuring the services of a consultant to review the Town's development fee ordinance. A review of development fees is required prior to July 1, 2005; however, staff is recommending that due to the addition of fire and emergency medical service, increased number of dwelling units and increased infrastructure requirements that the fees be reviewed during the current fiscal year. List All Attachments as Follows: Interoffice Memo - Development Fee Review Type(s) of Presentation: None Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) \\earth\jghetti\wpdata\agenda cover sheetl.doc TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: January 9, 2004 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting Supervisor RE: Development Fee Review Administration On January 18, 2001 th Town of Fountain Hills imposed development (impact) fees on new residential and non-residential development payable at the time of building permit issuance. The fees were based on projected demand for public service resulting from development over a twenty (20) year period. Five fees were imposed: General Government Law Enforcement Streets Parks & Recreation Open Space The amount of each fee was determined by "the pro rata share of the additional facilities needed to provide adequate services to new residential and non-residential development, while maintaining the existing level of service standard currently provided to Town residents, employees and businesses". The individual fees were calculated with a formula using the replacement cost for infrastructure that existed in 2000 and number of dwelling units at that time. The development fee ordinance requires that fees be reviewed at least once every five years no later than July 1 of every fifth year, with the first review due on July 1, 2005. Subsequent to the imposition of the development fees the Town's infrastructure assets and number of dwelling units have changed, the Town has assumed fire protection and emergency medical services and a new five year capital improvement program has been developed. The five year projection of development fees revealed a disconnect between the current fee structure and the planned capital projects. For example, the open space development fee is projected to have a surplus of $1.4M at the end of five years but the street development fee projects a deficit of approximately $8.OM. Staff recommends that the Town consider hiring a consulting firm to review and update the Fountain Hills development fee ordinance. The analysis may require that the current fee structure be re -aligned to accommodate future growth -related costs associated with fire and emergency medical services and/or library, etc. Preliminary research regarding the cost of a on Page 2 development fee review and update has been conducted; the Town's original development fee consultant, Rick Giardina & Associates Inc. has provided an estimate of $28,000 (review costs for Queen Creek, Avondale, Cave Creek and other cities have ranged from $65,000 to $105,000). Only four or five firms have responded to recent RFP's from cities that have recently gone out for the required study; however, no firms have been contacted by the Town of Fountain Hills pending direction from the Council to proceed. Allowing time for sufficient public hearings the entire review and implementation process is approximately nine (9) months. Therefore, staff is requesting approval to proceed with an informal bid process with the goal of awarding the bid this Spring. Town of Fountain Hills Town Council Agenda Action Form N%' Meeting Type: Regular Meeting v■w Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 01/15/2004 Contact Person: Julie Ghetti Requesting Action:® TVDe of Document Needing Aimroval (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 ADDromiate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Ordinance 04-02 amending the Town of Fountain Hills Tax Code relating to the privilege license tax by increasing the rate of taxation on advertising from zero percent (0%) to two and six tenths percent (2.6%); providing for penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. Staff Recommendation: Approve Fiscal Impact: Yes $406,350 PurposeofItem and Background Information: Staff is recommending approval of Ordinance 04-02 amending the current tax code Section 8A-405(a) increasing the tax rate from zero to two and six -tenths. If adopted the tax will apply to gross income from the business activity of "local advertising", including advertising revenue received by any newspaper, direct mail flyer, phone books, or other publications distributed within Fountain Hills. The ordinance establishes a rate of 2.6 percent and an effective date of April 1, 2004. The increased revenue was identified during the five year financial forecast/capital improvement work study sessions as a source of funding for capital projects. List All Attachments as Follows: Interoffice Memo - Revenue Enhancements/Capital Project Funding; Ordinance 04-02 Type(s) of Presentation: PowerPoint, verbal Signatures of Submitting Staff: o'. a, " h" Depar i ent H ad /- �� 4 e:\wpdata\agenda cover sheetl.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: January 9, 2004 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accou ting Supervisor RE: Revenue Enhancements/Capital Administration i7X I ix Project Financing The purpose of a multi -ye financial plan is to allocate resources for on -going costs associated with providing desired levels of service to citizens of Fountain Hills in addition to maintaining and improving the Town's capital infrastructure. A five-year financial projection was presented during public meetings in September and October, 2003 which revealed that planned capital improvement projects over the five year period are unfunded by approximately $8.M, primarily in street projects. Before the planned capital projects can be initiated alternative revenue sources need to be identified to fund them. The Town of Fountain Hills is not alone in this financial situation. According to a report by the National League of Cities, "Research Brief on America's Cities" Issue 2003-5 (copy attached), the latest survey of city finances indicated that "more than four in five respondents (81 %) said their cities were less able to meet financial needs during 2003 than in the previous year". Additionally, "83 percent say they expect their cities would be less able to meet their 2004 needs, relative to the current fiscal year". The most common action taken to boost city revenues during 2003 has been to increase fees and charges for services. The analysis also revealed that projected revenues are sufficient to fund future operating costs (excluding capital projects) provided that current levels of service and resources are maintained. Adding new service levels, staffing or delaying capital improvements would lead to increased annual operating costs over the long term. Subsequent to the preparation of the five year projections the Town has been notified that future development may be affected as a result of Chaparral City Water Company being unable to secure water supply for future developments. The financial impact of decreased future development has not yet been determined, however, FY03-04 building related revenues represent $3.8M of the $19.8M total budget (19%). On November 12, 2003 the Council held a public work study session to hear staff's recommendation for possible revenue enhancement options to fund capital projects. Those recommendations are summarized below: 1. Eliminate exemptions to the local sales tax a) Advertising b) residential rentals Oc) health spa/fitness center membership fees \\OatthVGhetti\WPDATA\INTEROFFICE MEMO TEMPLATE.doc119R0042:45 PM $406,350 annual $121,875 annual $ 32,500 annual Page 2 2. Recover costs for additional services a) business lists, duplicate licenses, notary services $3,500 annual b) liquor license permits $35,000 annual c) additional field preparation requests $4,350 - $19,100 3. Realignment and/or initiation of additional development fees Prior to making a recommendation to the Council for implementing new sources of revenue staff analyzed each option by considering the following: 1. Who is affected within the community? 2. Will the proposed revenue source diversify the Town's resources? 3. Does the proposed revenue provide for the long term future capital needs of the Town? 4. Are the fees fair for the municipal service delivered? The table below is a summary of the recommended enhancements and the effect on taxpayers: Option Who is affected Diversification Long Term Fee = Service Eliminate 90% derived Advertising less Provides approx. Advertisers benefit Advertising from sensitive to $406,350 by access to Exemption publications construction/real annually Fountain Hills outside Fountain estate economic market Hills fluctuations Eliminate Landlords with Sensitive to Provides approx. Landlords may exemption on three or more vacancy rate for $121,875 convey tax to residential units in Arizona; apartments and annually tenants who are not rentals does not affect condo units property owners single and who may use homeowner or municipal services short-term rentals Tax on health Those who Not dependent Provides approx. Clubs may pass tax spa/fitness charge a fee to upon economic $32,500 annually on to users of center belong to a club, cycles facility. Other memberships not on service recreational provided facilities (bowling, golf, etc.) are already subject to the tax. Fees for Organized Cost recovery Provides approx. The service requires requests for groups asking for only, service $4,350 - $19,110 added staff time additional park special field provided only annually in and supplies, is not services preparation for upon request revenue or cost part of the park's certain games savings maintenance \\earth\JGhettl\WPDATAVNTEROFFICE MEMO TEMPLATE.doc1/9/20042:45 PM Page 3 As a result of the analysis staff recommends that the Council consider approving the following revenue enhancements as soon as possible so that the Town can begin eliminating the $8M long term capital improvement deficit. There are three ordinances required to amend the Fountain Hills tax code for eliminating the exemptions: Ordinance 03-23 revises Section 8A-405(a) Advertising of the Fountain Hills tax code changing the tax rate from zero percent to 2.6 percent. The tax will apply to gross income from business activity of "local advertising" defined as "delivery or disseminating of information directly to the public" by billboards, direct mail, radio, television or newspapers. Gross income includes advertising revenue received by any newspaper, direct mail flyer, phone books, or other publication that is distributed to Fountain Hills businesses or residents. Fountain Hills receives 2.6% of the total advertising revenue sold by publications and allocated to the Town based on what percent of the business total circulation ends up in Fountain Hills. Based on a comparison with some of the 77 out of 86 cities and towns that tax advertising 90% of their revenue is derived from businesses located outside of their borders. Estimated annual revenue is $406,350. Ordinance 03-24 revises Section 8A-445(h) Rentals, eliminating the exemption for residential rentals (65 of 86 incorporated cities tax rentals). The tax applies to persons who are in the business of leasing or renting residential property (apartments, houses, condos, etc.) within Fountain Hills. The Model City Tax Code allows municipalities only two choices for exemptions to the residential rental section of the code; persons with less than three (3) units or those with only one (1) unit within the State. It would not affect rentals at the local hotels and resorts since the ordinance only applies to long term residential rentals. Commercial rental units are currently subject to the rental tax, therefore, this amendment would not affect that sector. There are approximately 500 apartment/condo units in the Town (Four Peaks Vista, Plaza del Lago, Quail Run and Ridge View Luxury) in addition to those units owned by investors with three or more within the State. Estimated annual revenue is $121,875. Ordinance 03-25 revises Section 8A-410(a)(2) Amusements of the Fountain Hills tax code to include charges for the use of "health spas, fitness centers, dance studios" etc. This tax applies only to revenue from membership fees or use of the facility, not the actual service that the facility offers. Of the 87 incorporated cities and towns 32 include this option. Estimated annual revenue is $32,500. Staff is recommending approval of ordinance numbers 2003-23 through 25, which will enact the amendments to the Fountain Hills tax code and eliminate the exemptions, providing an additional $560,725 annually in funding for capital projects with an effective date of April 1, 2004. If passed, the Town will coordinate with the Arizona Department of Revenue to ensure that all taxpayers are notified of the changes to the tax code. As a "program city" the Town contracts with the State to administer and collect the sales tax from the business. The Town also has a contract with a sales tax auditor who monitors the various businesses and industries to ensure compliance. \\earth\lGhetti\WPDATAUNTEROFRCE MEMO TEMPLATE.doc1H2O042:45 PM Page 4 If approved, the ordinances shall be submitted to the League of Arizona Cities and Towns and the Arizona Department of Revenue sixty days prior to the effective date of the amendment. The League will make the necessary text amendments to the tax code and the Department of Revenue will notify taxpayers of the impending change and effective date. The above revenue enhancements, if approved, will eliminate approximately $2.9M of the $8M deficit in capital improvement program funding over a five year period; however, a deficit of $5.1M will remain. These revenue enhancements will be instrumental in preparing the FY 2004-2005 budget for funding long term capital items such as the Civic Center Phase II, traffic signals and street maintenance. \tearth\lGhettIWPDATAUNTEROFFICE MEMO TEMPLATE.docl/920042:47 PM MW t TOWN OF FOUNTAIN HILLS d o. 3 b trt tve+ a: that is A9 Implementing Capital Project Funding Phase I I CAPITAL RESOURCES VS PROJECTS Unfunded: $8.1M Surplus Capital Funding: Excise Tax — Mountains Excise Tax — Downtown Open Space PROJECTED CAPITAL RESOURCES AND PROJECTS HSCAL YEARS 2004 through 2009 __ _.__._._.........__.. —...__________________.a_. Puts d Ha D.v f<a Euis Tay - N.,.... Qna�l Cu�unmui ...... Soo Aa $20 SJ.o S7.0 SSO $6.0 S7.0 SS.D $9.0 SIO.o / Total Resources © Projects 2 I RECOMMENDED CAPITAL FUNDING OPTIONS Phase 1: Eliminate exemptions to sales tax Advertising Residential rentals > Health spa/fitness center membership fees Phase 2: Recover costs for additional services Business lists, duplicate licenses, notary Liquor license permits Additional field preparation requests Phase 3: Realign development fees PHASE 1— ELIMINATE _TAX CODE EXEMPTIONS. , Eliminate advertising exemption estimated additional revenue $406,350 annually 77 out of 87 incorporated cities tax advertising majority of revenue will be derived from non -local advertising (90%); i.e. AZ Republic, Tribune, Auto Trader, etc. r revenue is captured from direct mail, radio, television, newspaper, phone books, etc. j State is also considering eliminating exemption C� 4 2 Phase 1 (continued�� . Eliminate exemption on residential rentals estimated additional revenue $121,875 annually 65 of 87 incorporated cities tax residential rentals would apply to apartment buildings, condominiums, duplexes and homes when owner has more than three units within the State Ma Phase 1 (continued):,' Eliminate exemption for health spa and fitness center memberships Estimated revenue $32,500 annually 32 of 87 incorporated cities tax memberships Captured from persons who charge for the use of their premises Not a tax on service 6 3 Open Stu Di Prow& Fa Dt B.T. D. E-Tar-Flo CeocBCmc COMPARISON OF RESOURCES VS PROJECTS BEFORE AND AFTER RECOMMENDED REVENUE ENHANCEMENTS PROJECTED CAPITAL RESOURCES A\T1 PROJECTS FISCAL YEARS 2009 through 2N9 S00 $1.0 I2.0 DO $4,0 $50 160 $70 SAO 100 $10.0 PROJEM CAPITAL RMSOLRCES AM PROJECTS FISCAL YM UN through 2009 (Indubg p oposettsits to enhmttments E'_M Street Opee Spew Dm Ftts Parks k Res Orr Fees b6se 1Ss. Dowpo &dse Tu • Mmatme W $1.0 $2.0 $3.0 fl.l I5.6 S61 $7.0 fl.l PA al I ToU Resouras O Pm is Unfunded: $8.1M Unfunded: $5.3M 4 ORDINANCE NO.04-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN TAX CODE RELATING TO THE PRIVILEGE LICENSE TAX BY INCREASING THE RATE OF TAXATION ON ADVERTISING FROM ZERO PERCENT (0%) TO TWO AND SIX TENTHS PERCENT (2.6%); PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE AND PROVIDING FOR APPLICATION OF TAX TO CERTAIN CONTRACTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 8A-405, Advertising, of the Town of Fountain Hills Tax Code is hereby amended to read as follows: See.8A-405. Advertising. (a) The tax rate shall be at an amount equal to zero TWO AND SIX -TENTHS percent (02.6%) of the gross income from the business activity upon every person engaging or continuing in the business of "local advertising" by billboards, direct mail, radio, television, or by any other means. However, commission and fees retained by an advertising agency shall not be includable in gross income from "local advertising". All delivery or disseminating of information directly to the public or any portion thereof for a consideration shall be considered "Local Advertising", except the following: SECTION 2. That any person found guilty of violating any provision of this Ordinance shall be guilty of a class one misdemeanor. SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That the provisions of this Ordinance and the increase in tax rate provided herein shall become effective on April 1, 2003. SECTION 5. That the additional tax imposed pursuant to this Ordinance shall not apply to contracts entered into prior to the effective date of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 9196.001\..\04-02 Tax Code Amend.doc 12-30-03-1 I PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, January 15, 2004. FOR THE JNTAIN HILLS: W. J. Nichehs. Ma REVIEWED BY: Tim G. Pic n , Town Manager 9196.001\..\04-02 Tax Code Amend.doc 12-30-03-1 2 ATTESTED TO: W2dn, .ef APP VED AS TO FORM: T Andrew J. McGuire, Town Attorney j �t Mayor Nichols and Town Council: Alan Cruikshank, 14850 E. Grandview Dr. I'm wearing my main hat tonight as publisher of The Times and I thank you for allowing me to speak tonight. Let me begin by complimenting the council and staff for working together to find ways for the town to be fiscally sound once again. Your task is not an easy one. It takes money to run a town, and that money must come from somewhere whether it be from state revenue sharing funds, fees, primary or secondary property taxes or sales tax. We're now talking about adding "revenue enhancements" one of which is the removal of the sales tax exemption on advertising. As I stated in my column this week, most publications will pass the tax on to businesses as an add -on to their advertising purchases. Business operators will then have to decide whether to absorb that cost or pass it along in the form of higher prices. That means the consumer ends up paying, in effect, a double tax for the goods or services once the overall sales tax is applied on the sale. The advertising tax is a tax on an intermediate economic activity, not a final sale to a consumer. As a council person it is difficult to turn down a potential cash cow such as the ad tax has been presented to you. I cannot honestly say you should not consider taking the projected $400,000 in revenue it may bring you. Based on my company's advertising revenue for last year, we would be responsible for collecting and paying approximately $40,000 in sales tax. Since my company is based here and supplies income to 19 Fountain Hills families I have questions about compliance. We have competitive phone books, at least four others, that are distributed in our town. They are all published elsewhere, mostly out of state. Will they all pay sales tax? Will magazines and publi- cations such as the Auto Trader that are either mailed or sold here on newsracks be subject to the tax? The same applies to newspapers such as the Tribune, Republic, USA Today, the Wall Street Journal and the New York Times. All of these are carrier delivered in Fountain Hills. There are questions about how much do the outside publications charge for advertising sold in Fountain Hills? The Republic, which sells a limited amount of advertising in Fountain Hills, has its main office in Phoenix, which charges a half percent advertising sales tax, an office in Scottsdale which has a 1.4 percent tax rate and distributes its Scottsdale Republic in Fountain Hills. Does the Scottsdale Tribune, printed in Mesa, pay the 2.6 percent rate on ads sold in Fountain Hills or the 1.5 percent rate for Mesa? Are other forms of print advertising going to be subject to the tax and monitored for compliance to pay sales tax on advertising sold? These would include grocery carts, restaurant table tops, golf course benches, coupon packets, organization newsletters and programs and other media. We all compete for the same advertising dollars. It appears that the counsel is prepared to approve the removal of the sales tax exemption on ad- vertising. We are prepared to accept that decision, however, as I already said in my column, we ask that the new advertising sales tax be implemented fairly. And the town should monitor the col- lections so that all advertising media are treated as equals. Thank you for listening. ORDINANCE NO.04-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TAX CODE RELATING TO THE PRIVILEGE LICENSE TAX; REMOVING THE EXEMPTION FROM TAXATION FOR RESIDENTIAL RENTAL PROPERTY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE AND PROVIDING FOR APPLICATION OF TAX TO CERTAIN CONTRACTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 8A-445, Rental, leasing, and licensing for use of real property, of the Town of Fountain Hills Tax Code is hereby amended to read as follows: Sec. 8A-445. Rental, leasing, and licensing for use of real property. (a) The tax rate shall be at an amount equal to two ONE and six -tenths percent `''� (1.6%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing or renting real property located within the Town for a consideration, to the tenant in actual possession, or the licensing for use of the real property to the final licensee located within the Town for a consideration including any improvements, rights, or interest in such property; property provided further that: (1) Payments made by the lessee to, or on behalf of, the lessor for the property taxes, repairs, or improvements are considered to be part of the taxable gross income. (2) Charges for such items as telecommunication, utilities, pet fees, or maintenance are considered to be part of the taxable gross income. (3) However, if the lessor engages in telecommunication activity, as evidence by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 8A-470. ( , tr-ailef spaees, of: other- !edging spaees reate !eased or heensed or- available foment' lease, of lieense within ,. the State a.,a fie units of�ner-eial-lr-aperty for- r-eat, leer- heense within the State, : t deemed to be in the rental business, and is therefore exempt ffam the tax imposed by this seetion an subjeet to the tax imposed by this Seetion on all sueh !edging spaees and eeffiffier-eial unitF' rental,lease, orlieeven though said pef:son may have fewer- than th (3) lodging spatios_ (RESERVED). 9196.001\..\04-03 Tax Code Amend.vldoc 1-15-04-1 I (h) , ;,.orsing f !edging ,,,.1 dgin . s e t a individual wh resides then-ein. (RESERVED). SECTION 2. That Regulation 8A-200.1, When deposits are includable in gross income, of the Town of Fountain Hills Tax Code is hereby amended to read as follows: Reg. 8A-200.1. When deposits are includable in gross income. (b) (Reser-,,,ed)NONREFUNDABLE DEPOSITS FOR CLEANING, KEYS, PET FEES, MAINTENANCE, OR FOR ANY OTHER PURPOSE ARE DEEMED GROSS INCOME UPON RECEIPT. SECTION 3. That any person found guilty of violating any provision of this Ordinance shall be guilty of a class one misdemeanor. SECTION 4. That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. That the provisions of this Ordinance and the increase in tax rate provided herein shall become effective on April 1, 2004. SECTION 6. That the additional tax imposed pursuant to this Ordinance shall not apply to contracts entered into prior to the effective date of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, January 15, 2004. - FOR THEJ4), Al 0t FO W. J. Nich6Ys, Mayor UNTAIN HILLS: REVIEW Tim . P kering, Town Manager 9196.001VA04-03 Tax Code Amend.vldoc 1-15-04-1 2 ATTESTED TO: APP VED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 01/15/2004 Contact Person: Julie Ghetti Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ 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 Ordinance 04-04 amending the Town of Fountain Hills Tax Code relating to the privilege license tax by removing the exemption from taxation for health clubs and spas, providing for penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. Staff Recommendation: Approve Fiscal Impact: Yes $32,500 Purpose of Item and Background Information: Staff is recommending approval of Ordinance 04-04 amending the current tax code Section 8A-410(a)(2) and eliminating the exemption on fitness center membership fees. If adopted the tax code will apply to business activity of health spas, fitness centers, dance studios, or other persons who charge for the use of premises such as membership fees; establishing a rate of 2.6 percent and an effective date of April 1, 2004. The increased revenue was identified during the five year financial forecast/capital improvement work study sessions as a source of funding for capital projects. List All Attachments as Follows: Interoffice Memo - Revenue Enhancements/Capital Project Funding; Ordinance 04-04 Type(s) of Presentation: PowerPoint, verbal Signatures of Submitting Staff: � n laf , Depar ent H t d Town Manager / Designee e:\wpdata\agenda cover sheetl.doc Budget Review (if item not budgeted or exceeds budget amount) ORDINANCE NO.04-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TAX CODE RELATING TO THE PRIVILEGE LICENSE TAX; REMOVING THE EX MPTION FROM TAXATION FOR HEALTH CLUBS AND SPAS; PROV ING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE A PROVIDING FOR APPLICATION OF TAX TO CERTAIN CONTRACTS. BE IT ORDAINED BY THE MAYOR AND CF'UNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as ollows: SECTION 1. That Section 8 410, Amusements exhibitions and similar activities, of the Town of Fountain Hills Tax Code i hereby amended Yo read as follows: Sec. 8A-410. Amusements, exhibitions\ and similar (a) The tax rate shall be at an amount eq� income from the business activity upon type or nature of businesses: (1) operating or conducting theate exhibitions, concerts, carnivals, contests, games, billiard or pool golf courses, video games, pit events, jukeboxes, batting and charging admission for exhibitio (2) (ResefN,ed)HEALTH SPAS, FI al to two and six -tenths percent (2.6%) of the gross every rson engaging or continuing in the following Oovies, operas, shows of any type or nature, Uses, amusement parks, menageries, fairs, races, lors, bowling alleys, skating rinks, tennis courts, l machines, public dances, dance halls, sports 'ng ranges, animal rides, or any other business Isement, or entertainment. i CENTERS, DANCE STUDIOS, OR OTHER PERSONS WHO CHARGE FOR THE USE OF PREMISES FOR SPORTS, ATHLETIC, OTHER HE TH-RE ATED ACTIVITIES OR INSTRUCTION, WHETHER ON A PER-EV NT USE,`OR FOR LONG-TERM USAGE, SUCH AS MEMBERSHIP FEES. SECTION 2. That any pe son found guilty o0violating any provision of this Ordinance shall be guilty of a class one misd meanor. SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason hel to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such d cision shall not affect the,, validity of the remaining portions thereof. SECTION 4. That the provisions of this Ordinance an' the increase in tax rate provided herein shall become effective on April 1, 2004. 9196.001VA04-04 Tax Code Amend.doc 12-30-03-1 1 SECTION 5. That the additional tax imposed pursuant to this Ordinance shall not apply to contracts entered into prior to the effective date of this Ordinance. PASSED AND ADOPTE BY the Mayor and Council of the Town of Fountain Hills, Arizona, January 15, 2004. i FOR THE TOWN OF FOUNTAIN ILLS: ATTESTED/ TO: W. J. Nichols, Mayor REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\..\04-04 Tax Code Amend.doc 12-30-03-1 2 J. Bender, Town Clerk VED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 1/15/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tyne of Document Needing Approval; (Check all that appl ❑ 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 Reps6 ❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Adero Canyon - Parcel 2", a 60.46 acre, 24-lot single family subdivision (aka Eagle Ridge North, Parcel 2); Case #S2002-35. Staff Recommendation: Approve Fiscal Impact:; No .` Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision (now called Adero Canyon), Case Number S 1999-24, for 171 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the eagle Ridge Drive public roadway (backbone road). This request is to subdivide Parcel 2 of the Final (Master) Plat of Eagles Nest., aka Adero Canyon. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: d Department T wn Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 7, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-35; Final Plat "Parcel 2 at Adero Canyon", a 24 lot, three -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consider approval of the Final Plat for "Adero Canyon, Parcel 2", a 60.46 acre, 24-lot single family subdivision (aka Eagle Ridge North, Parcel 2) Case #S2002- 35. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" Residential Zoning District EXISTING CONDITION: Undeveloped land LOT SIZE: 2,633,800 square feet (60.46 acres) SURROUNDING LAND USES AND ZONING: NORTH: Eagle Ridge Dr. R.O.W. and Parcels 3 & 5 of Eagle Ridge North; zoned "R1-43" SOUTH: City of Scottsdale and Fountain Hills McDowell Mtn. Preserve land; "OSR" EAST: Eagle Ridge Drive R.O.W. and Parcels 6 & 7; zoned "R1-43" WEST: Fountain Hills McDowell Mtn. Preserve SUMMARY: This request is for approval of the Final Plat "Parcel 2 at Adero Canyon", a 24 lot, three -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 2, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to all 24 lots from Harmony Lane. Harmony Lane is a private gated local road cul-de-sac that intersects Eagle Ridge Drive and extends approximately 2,800 lineal feet to the northwest. The maximum lot size proposed is 251,888 square feet, the minimum lot size is 43,621 square feet, and the average proposed lot size for this project is 82,204 square feet. This plat proposes an average of 23,945.8 square feet of disturbance for each lot. The 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 total Hillside Protection Easement proposed for this parcel is approximately 32 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for Eagle Ridge North, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 2 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was 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. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 Totals: 325.132 163 3,654,100 Allowed: 415 9,420,500 Residual: 252 5,766,400 Average dist. for remaining lots: 22,882.53968 RECOMMENDATION: Staff recommends approval of S2002-35; Final Plat "Adero Canyon — Parcel 2", 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. 2) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and fir.• all utility service plans must be approved by the Town. 3) 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. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the sewer outfall, emergency access and waterline loop to Eagle's Nest, and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and on Eagle Ridge Drive, including retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 8) The Sienna Avenue intersection with Eagle Ridge Drive (in Parcel 3) has been shifted south into the platted area of Parcel 2. Indicate that this is "a re -plat of a portion of Parcel 2" on the plat, and show the former parcel boundary on the plat. VICINITY MAP r PBA 1/02 �lyTAIN O y a `fat is AP" The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Ilor CaseOfficial ManageeOnly Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: APPLICATION Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment J:�#-',AL PL YT �k &&t (V�-fftE 0090 *tl t r'Cl PROJECT NAME Mrs. ✓M r. Ms. E fta 0000 Applicant: ` L``-nen' X7� N�o 7�warW5 Day Phone Address: City: State: Zip: Mrs. Owner: �� �'� f ' L �(e�� Day Phone Mr. i/ r Ms. Address: YG� I S C� ���� City: State: - Zip: If application is being submitted by someone other than the owner of the property under consideration, the secdon below must be completed.R SIGNATURE OF OWNER - DATE g�Z9`L I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of FILING DATE: My Commission Expires Notary Public TO FILE THIS APPLICATION. 20 FEE PAID: ZACCEPTED BY: I r i (See Fee Schedule) VV %,-, 0 Application Page 2 of 7 Case Number a- - 35 W $kNkkUkUb1AM$LS N'�b'��`�i��&'�b�iz �<"88888�8888888888W888888= (�'�sesss��sss���eagessasss� F" kGk&k k&k�kAkUsbUkUtikmkAk k� a- ear to t as J z_ LL z 0 Q Z U ry W a �aI 05 � �a'r€ 4 3lip a IN ' 1 Jul c ilia Q ask"W U I��_ a W �3 v yW'<Isozg� F "o gg $uj� Qs w r Qa �"c °z s$ "off, MIN ; �'� "sa <E mk a �E U I .� i eL' a Bit j 8 V W e o o g o w 4 „S kkkkkkkkkkk `okkkkkkkkkkkkki3€� � k k k �" � b k gg asassosaasaaa saa"-'oasaasa�< j C 4� �W =� ._WIN! 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Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision (now called Adero Canyon), Case Number S1999-24, for 171 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the eagle Ridge Drive public roadway (backbone road). This request is to subdivide Parcel 3 and a portion of Parcel 2 of the Final (Master) Plat of Eagles Nest., aka Adero Canyon. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: De artment Head.. Toj'vn Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 7, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-20; Final Plat for "Adero Canyon - Parcel 3 and a portion of Parcel 2", a 24 lot, five -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consider approval of the Final Plat for "Adero Canyon - Parcel 3 and a portion of Parcel 2", a 58.9 acre, 24-lot single family subdivision (aka Eagle Ridge North, Parcel 3) Case #S2002-20. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" Residential Zoning District EXISTING CONDITION: Undeveloped land LOT SIZE: 2,565,422 square feet (58.9 acres) SURROUNDING LAND USES AND ZONING: NORTH: Parcel 4 of Eagle Ridge North; zoned "R1-43" SOUTH: Parcel 2 and Fountain Hills McDowell Mtn. Preserve land; "R143 & OSR" EAST: Eagle Ridge Drive R.O.W. and Parcel 5; zoned "R1-43" WEST: Fountain Hills McDowell Mtn. Preserve; zoned "OSR" SUMMARY: This request is for approval of the Final Plat "Adero Canyon - Parcel 3 and a portion of Parcel 2", a 24 lot, five -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 3, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to all 24 lots from a double cul-de-sac roadway. Sienna Avenue intersects Eagle Ridge Drive and crosses a substantial wash and extends west approximately 1,760 lineal feet to serve Lots 12 through 24. Willow Drive intersects Sienna Avenue west of the wash (Tract "D"), and is approximately 2,800 lineal feet long providing access to Lots 1 through 12. The maximum lot size proposed is 179,784 square feet, the minimum lot size is 43,592 square feet, �tw and the average proposed lot size for this project is 81,675 square feet. This plat proposes an average of 24,154 square feet of disturbance for each lot. The 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 total Hillside Protection Easement proposed for this parcel is approximately 31.5 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for Eagle Ridge North, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 3 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. The entrance location to this parcel from Eagle Ridge Drive has been relocated approximately 550 feet to the south. Staff has not identified any significant grading issues with this relocation, but reserves the right for further grading review and comment. This relocation is a deviation from the approved cut and fill waiver for Adero Canyon. The approved waiver permits a 20' and a 29' fill at the entry location. The revised grading and paving plan requires approximately 15' of fill at the greatest point, which is substantially less fill than the approved preliminary plat roadway design. The proposed realignment appears to be a better design with less disturbance and fill than initially planned. With exception to the revised roadway alignment, this final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 Totals: 384.026 187 4,233,800 Allowed: 415 9,420,500 Residual: 228 5,186,700 Average dist. for remaining lots: 22748.68421 , %w RECOMMENDATION: Staff recommends approval of S2002-20; Final Plat "Adero Canyon — Parcel 3 and a portion of Parcel 2", 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. 2) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) 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. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the ,. Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Submit a revised cut and fill exhibit for the realigned roadway locations for review, since the depth and quantity of the proposed fill appears to be less than the approved cut and fill waiver. 7) Adequate construction assurance shall also have been posted for the sewer outfall, emergency access and waterline loop to Eagle's Nest, and all needed water infrastructure for the plat. 8) Separate the "Water Facility" (at the northeast corner of the Sienna Avenue/ Willow Drive intersection) into a separate Tract, with appropriate easements, but without the inappropriate easements placed on the remainder of Tract D (including the Open Space, BPE, and most of the Drainage Easement). Indicate the general nature of the proposed facilities for disclosure purposes (pump station, storage tank, etc.). Provide appropriate improvement plans for grading, drainage, screening, access drive, and perimeter vegetation with the subdivision improvement plans. 9) Add easements where needed along the subdivision streets and on Eagle Ridge Drive, including retaining wall easements (roadway slope easements), meandering sidewalk easements, sight distance easements (including on Parcel 2, along Eagle Ridge Drive, if needed). Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 10) The Sienna Avenue intersection with Eagle Ridge Drive has been shifted south into the platted area of Parcel 2. Indicate that this is "a re -plat of Parcel 3, and of a portion of Parcel 2" on the plat, and show the former parcel boundary on the plat. 11) Verify that all turning movements at the revised Sienna Avenue intersection with Eagle Ridge Drive will have acceptable vehicular sightlines (since the intersection has been relocated south since the preliminary plat and the Eagle Ridge Drive plans submittal). VICINITY MAP TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed fee Paid �r 5 Lv: v cf b{ Accepted By Plat ame/Number Parcel Size Number of Lots - �L� Number of Tracts �� Zoning Li ill—y General Plan Land Use Designation / Density Requested (Dwelling Units Per Acre) C Applicant Day Phone rt- ?i'7-ci L Address City ST Zip wrier Day Phone Address City ST Zip Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. N. 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Works Consent:[—] Regular:❑ Meeting Date: 1/15/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Anoroval (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 Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development 0 ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Adero Canyon - Parcel 4", a 39.56 acre, 22 lot single family subdivision (aka Eagle Ridge North, Parcel 4); Case #S2002-15. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 4 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: A Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 8, 2004 FR: Dana Burkhardt, Senior Planner �� RE: S2002-15; Final Plat "Adero Canyon - Parcel 4", a 22 lot, three -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consideration of the Final Plat for "Adero Canyon - Parcel 4", a 39.56 acre, 22-lot single family subdivision (aka Eagle Ridge North, Parcel 4); Case #S2002-15. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" EXISTING CONDITION: Undeveloped land LOT SIZE: 1,723,186.27 square feet (39.56 acres) SURROUNDING LAND USES AND ZONING: NORTH: Town of Fountain Hills & Municipal Property Corporation owned preserve; zoned "R 1-43" SOUTH: Parcel 3, Eagle Ridge North Final Plat; zoned "R143" EAST: Town owned preserve and Eagle Ridge North Parcel 6; zoned "R143" WEST: Proposed Reservoir Site and City of Scottsdale Parcel SUMMARY: This request is for approval of the Final Plat "Adero Canyon - Parcel 4", a 22 lot, three tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 4, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes a single cul-de-sac street, Sonora Crest Drive, which provides gated access from Eagle Ridge Drive. Sonora Crest Drive is a 2,500 foot long hillside local road cul-de- sac, extending northwest from Eagle Ridge Drive. All 22 lots are accessed from Sonora Crest Drive as well as the proposed water reservoir site located west of the cul-de-sac bulb. The maximum lot area proposed is 81,699.25 square feet, the minimum lot area is 43,562.2 square feet, and the average proposed lot size for this project is 58,892.62 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this parcel is approximately 18.75 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 4 of the Final (Master) Plat of Eagle Ridge North. This final plat substantially conforms to the approved preliminary plat, including the right-of-way location and lot layout. The applicant was able to delete the secondary cul-de-sac bulb shown on the preliminary plat, which provided access to Lots 107 and 108. All lots now have direct access from Sonora Crest Drive. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was 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. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 AC 4 39.55 22 529,800 Totals: 423.576 209 4,763,600 Allowed: 415 9,420,500 Residual: 206 4,656,900 Average dist. for remaining lots: 22606.31068 RECOMMENDATION: `W Staff recommends approval of 52002-15; Final Plat "Adero Canyon — Parcel 4", 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. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, water tank design, and all utility service plans must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to identify conformance to Article 6.8.3(v) of the Settlement Agreement, which notifies the respective owners of lots 9, 10, 11, and 12, that they will be required to record Hillside Protection Easements materially consistent with the building envelopes approved on the preliminary plat. The CC&R's shall also include verbiage pursuant to Article 6.2.5 of the Settlement Agreement, which restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the sewer outfall, emergency access and waterline loop to Eagle's Nest, and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and on Eagle Ridge Drive, including retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 8) Label the City of Scottsdale and the Town of Fountain Hills owned land, the water tank site and access roadway, the future trail alignment, the future trailhead site, and the emergency access to Eagle's Nest on the plat for disclosure purposes. VICINITY MAP n,c,u ,w.,,%1 A TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Ssrr�a,..c�,r Accepted By O - S - O��, Plat Name/Number kpp-R-O Parcel Size Number of Lots } 6 c-v - 22— Number of Tracts Zoning General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) �.5f Du aacrt� Applicant Day Phone GO PTZC) 61? TT F 5 Address City ST Zip 7 s F_7 8 S $ Owner Day Phone S 4 cam- Address City ST Zip yPla �F2vvi}G� Z,�paui'N��..�,q're�t./ �{ Stweit. � .'Z d.rtaiwrJ, repo/'lS Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date (1 TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public Seal TFH Case Number Fee Schedule Attached Z U_ Z 0 Q U ry W Q >0 w=yy_ 5 w a3� W�yg�m, N m w a5`en4 O P I w 03e2 d w m5ktk y mk b IA b M IA be b b b bs th b, h u b bi bi bi h b '- �8'8888" '�8�'888888888 _ _ oz�egassgssssss asRR oa: 0 9:rmmeS� �n$::9."2..ro�8� O 9 o `9 oo o s o g o o g o 0 0 `o� o 0 o g 15 z O a 2 38 ZZy0 kk E� a mo z BWkV <�59 g"zk<gyo� Sob Fly<�m Boa ud� �07 �Appf pig 16-W. J�W 55m 161 Mg ��`�SosW iom� sm < a` w� uk�� ktl ` < < < < 7 St �m W <g g d 8 „< z.ar N b x r g 7= a <"agNk 8 W k5 k F o 12.�jsgs eWe��+eLLW �eW g "� bl$g':N_�a8XRo^«eRS�Z8°'n >• p3> 3 � �p:8=d* 8o�4IEE � a 8E os <- �Nkg$8� kk'6 88kWkkkkkbkkkkkg$$ k8g8k$�`kk'zkkkk $ Ns<� Nkkkokkkkkkk _` �z< s z ` 158 o� 3 ob=o i3i33 3 ig 3¢ �` ;� o' G•-•.g k o kkaa¢�e G•- G k�:. o aaWasaasasa ^o as� �W oaasaaaaaassass €.W��a� aasas42k�-o"�aaa a Yfi_ " �6 �g�a�<<� 8-- s _ ._ 'sazy h��<=��< oa �=G`k �`aa<7,a a<�a<W�s�`Wa3��="k��� a ag$�� :�kaZ kk��Bk��g83a°mSk O �3� €mo�a�en Son�i¢.:kU`t�SWgB <m �:€. tib� „R:a._�o"'°':,ro^€Cen<`Ve�o e�$� RW=B V^8$ g�nne�S€ " Wca as g€ggaW�h€Us a. a� €� a-a���a�aaaaaas�3k�sakaaaaa��k�aokasaaak o w< o �� g M- A - 9 j k o a s gasff ssg s �a ffs se <a j ksmg k €€$ws€oSaYao�s€��d�oogoa?8a�a€€o��� 0 s u 43+oN u N \gW C)OBO Aso ri S m� Q Q m J Sao a m J n S 2 U 2 gW o= W e�� os� - g I r ego CdT mp a � �� � L'ae'o `°� 'O•yb � �'`s \99 `G,�j� �ryo a umi a Y m b �ooar.a GO6s.9t- '' aoas Noos 31DV3 Q and Q n3 N N i 0 .y N a � M � d O J N J I rc 1 a� st' Q vmi H\i a r f ` ,%W 0 ! *----- : 1�!|!:;|) IS .�..._.�_�_- 0 � R W O o O, m z s N Cb i 2n 9C.CpN a46• tim{e e��NT,I6sz 3sW a]3-3T co �J e .BY �M1 9Y13J' �f .Z9'I n iCO3f 48pN I { II NW p N �n ran �S I i IVNA P F�F 3nd W o yNPE � E�pE55 9P�E - NNta w�� W.� r o' N � x .r V 3 IIIIIIIIiiiiiiiiiiiii ti � fi bb ex g_ Y 3 b ti a a a W W 1 m o o ti � fi bb ex g_ Y 3 b ti a a a W W 1 m o o Town of Fountain Hills Town Council Agenda Action Form Meeting Type:, Regular Meeting Meeting Date: 1/15/04 Submitting Department: Pub. 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 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 "Adero Canyon - Parcel 9", a 25.40 acre, eight lot single fanuly subdivision (aka Eagle Ridge North, Parcel 9); Case #S2002-36. Staff Recommendation: Approve Fiscal Impact: No Nw Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 9 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: D artment H_e Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January8, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-36; Final Plat "Adero Canyon - Parcel 9", an eight lot, two -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consideration of the Final Plat for "Adero Canyon - Parcel 9", a 25.40 acre, eight lot single family subdivision (aka Eagle Ridge North, Parcel 9); Case #S2002-36. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1--8 & R1-43" EXISTING CONDITION: Undeveloped land LOT SIZE: 25.406 acres SURROUNDING LAND USES AND ZONING: NORTH: Adero Canyon Parcel 8 & Sunridge Canyon open space area; zoned "R1-43 & OSR" SOUTH: Eagle Ridge Drive & Adero Canyon Parcel 1; zoned "R1-43" EAST: Sunridge Canyon open space area; zoned "OSR" WEST: Eagle Ridge Drive & Adero Canyon Parcel 1; zoned "R143" SUMMARY: This request is for approval of the Final Plat "Adero Canyon - Parcel 9", an eight lot, two -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 9, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to the eight lots from Kasterlee Court, a 1,450-foot long hillside local cul-de-sac street. Lots 2, 3, and 4 are accessed from Quail Run, which is a 200-foot long cul- de-sac extending south from Kasterlee Court. The maximum lot area proposed is 267,537 square feet, the minimum lot area is 44,625 square feet, and the average proposed lot size for this project is 111,001.37 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this �.. parcel is approximately 16.88 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 9 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was 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. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 AC 4 39.55 22 529,800 AC 9 25.406 8 152,800 Totals: 448.982 217 4,916,400 Allowed: 415 9,420,500 Residual: 198 4,504,100 Average dist. for remaining lots: 22747.9798 RECOMMENDATION: Staff recommends approval of S2002-36; Final Plat "Adero Canyon — Parcel 9", 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. 2) Comply with all Town improvement plan review comments, and submit all remaining I%W 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) 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. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the sewer outfall and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and on Eagle Ridge Drive, including retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. VICINITY MAP 0 0 PBA 11'02 The Town of Fountain Hills 10, COMMUNITY DEVELOPMENT DEPARTMENT Case manage e only Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: w PROJECT NAME APPLICATION �.... Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment -- e�w W, -) Mrs. Applicant. � =� �� Day Phone . t-'Mr. / V� ,�~.�S Ms. Address: City: State: Zip: Mrs. Owner: Mr. Ms. Address: Day Phone City: State: Zip: If application is being submitted by someone other than the owner of the property under avnsideradon, the section be/ow M11 be completed. SIGNATURE OF O DATE I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. 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Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision (now called Adero Canyon), Case Number S 1999-24, for 171 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the eagle Ridge Drive public roadway (backbone road). This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagles Nest., aka Adero Canyon. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: epartment Head '. oz�' , Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS .. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 5, 2004 FR: Dana Burkhardt, Senior Planner V_� RE: S2002-10; Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: Consider approval of the Final Plat for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1) Case #S2002- 10. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-6, R1-8, & R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land LOT SIZE: 1,042,974 square feet (23.94 acres) SURROUNDING LAND USES AND ZONING: NORTH: Eagle Ridge Dr. R.O.W. and Parcel 9 of Eagle Ridge North; zoned "R1-43" SOUTH: Hidden Hills H single-family subdivision in Scottsdale EAST: Copperwynd; zoned "R-5 PUD" WEST: City of Scottsdale SUMMARY: This request is for approval of the Final Plat "Parcel 1 at Adero Canyon", a nine lot, three -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 1, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to lots 1 through 7 directly from Eagle Ridge Drive. Lots 8 and 9 propose access from 145th Way, which also provides emergency access from the Hidden Hills II Subdivision in Scottsdale. The developer will provide the rough grading and the drainage channel structures along the lot frontages for driveway access to lots 5, 6, 7, and 8 with the subdivision improvements. The maximum lot size proposed is 152,914 square feet, the minimum lot size is 43,565 square feet, and the average proposed lot size for this project is 60,914 square feet. This plat proposes an �ww average of 23,366.6 square feet of disturbance for each lot. The 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 total Hillside Protection Easement proposed for this parcel is approximately 5.3 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for Eagle Ridge North, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was 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. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sg. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 Totals: 264.668 139 3,079,400 Allowed: 415 9,420,500 Residual: 276 6,341,100 Average dist. for remaining lots: 22975 Access to the abutting City of Scottsdale property was anticipated at the time of the Settlement Agreement. There exists a notation on the preliminary and final parcel plat documents, which reserves the proposed access to this property from Eagle Ridge Drive through Tract "C" of this Final Plat. Staff recommends the stipulation that the developer label a separate "Tract D" as a "Future Private Street". RECOMMENDATION: Staff recommends approval of S2002-10; Final Plat "Adero Canyon — Parcel 1", 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. 2) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) 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. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Provide vehicular sight easements and grading for sightlines along Eagle Ridge Drive at all access points in Parcel 1, to be approved by the Town Engineer. 7) Provide a Tract "D" as a "Future Private Street" to access Scottsdale Mountain Estates Parcel A. ' Vicinity Map 1.04 09 i i ,V41W TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted By s= .-W 7- Plat Name/Number ,= mot, -�,Z �� �a-T I j Parcel Size Number of Lots Number of Tracts 3 Zoning --6 R ;-y General Plan Land Use Designation ' F Density Requested (Dwelling Units Per Acre) Applicant Day Phone �18v -r3:3�- 9660 C Za P6�Z:T s Address O- e -ci Z City ST Zip ` Owner Day Phone 7 C y8�-c33r-�b6'0 Address "' " Z City ST Zip ' �t r Attachments (Please list) I I Signature of Owner I HERBY AUTHORIZE (Please Print) Date i I TO FILE THIS APPLICATION. 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SR28 R8RYYRRR'RRe7 RY8RRa deN8:9a"_�s�:Rs�'>deb9�999 1A.:89'A'e$ 7 �77.599799��������-" 779�777777�7773�3339s� "R_ R_a�s OEM A9 RY? R r ig ssW W W s i �'ziaMiAiRa7R Dfiz.l u�Lii RF�ifRCia$� ziFz zGzszzzsRYDiii} X R:. XYYRR^ s Xe 8�s^ R8.sRX X. F :iRBdRR`«E'RFF El>B 8a_ 8888I883888888 8.88 .88 838 888 x_8 888 8888 R Rr� "R o n^ •�r�.e RR�_R-Rr$r_s8=R_» p sR. R 8s�E:j aP SS �ct3aE88C88^ss"s"c`s"ccs`s'c�T���Cl�DO�U���3�����S���E3���� S 1! ,-F5� n g EADept Corr\Randy\SB Palisades at Shea - NRTOR Restriction.doc I9 /� Chron 002 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: December 30, 2003 FR: Randy Harrel, P.E., L.S Town Engineer RE: Palisades/ Shea Intersection — SB No Right Turn on Red Restriction �- �r �wI ^! � ,v� You requested a review of the "No right turn on red" (NRTOR) traffic restriction for southbound Palisades Blvd. traffic at the Shea Blvd. intersection. The NRTOR restriction was implemented at this intersection during the construction of Palisades Blvd. (in approximately 1994), due to a number of rear -end accidents on Palisades Blvd. The restriction was implemented at the direction of the Town Manager (with significant Council input). The third through westbound lane was opened, and the 2°d SB right turn lane was signed in approximately 2000. This restriction has remained due to the following factors: • Intersection Sight Distance (ISD): The available ISD for a vehicle on Palisades looking east is approximately 850' (due to Shea's crest vertical curve, as sketched on the attached roadway profile). For a design speed of 60 mph (50 mph posted speed limit, and extrapolating from our Subdivision Ordinance, Exhibit 16), the required ISD would be 1160', significantly longer than available. (A more comprehensive calculation would likely yield a somewhat lower required intersection sight distance for this intersection.) Sun Glare: The Palisades/ Shea intersection is located at a hill crest at the ridgeline of the McDowell Mountains. Shea Blvd. (the unstopped street) is oriented nearly east - west. Sun glare — especially during the morning and evening peak hours at particular times of the year -can be very suddenly blinding as traffic crests the hill. Dual Right Turn Lanes: Dual right turn lanes are frequently signed for NRTOR, because the inboard right turn lane can be a sight obstruction for the outboard right turn lane looking left. Future Widening: The third westbound, through traffic lane on Shea Blvd. is included in the current MAG TIP for Federal -Aid funding for the year 2007. Because there are only two WB through traffic lanes on Shea currently (until about 300' east of Palisades), the rightmost right turn lane traffic currently "feels" like it can turn into a lane that has little or no through traffic. Completion of the third WB through lane in 2007 will eliminate that appearance of a "free" right turn. Accident Potential: A modification to less restrictive traffic control always carries a concern that accidents will increase due to the increased driver freedom. Since the NRTOR restriction has been in place for quite a while (and drivers have adjusted to it), and since it will definitely be essential upon completion of the third WB lane, it does not seem appropriate to delete this restriction for a short interim period, then re -instate the NRTOR restriction. E:\Dept Corr\Randy\SB Palisades at Shea - NRTOR Restriction.doc Chron 002 f When we re -construct this intersection with the Federal -Aid project in 2007, we should widen SB Palisades to put in a short SB through lane on Palisades, south of the steep mountainside (to access the Firerock subdivision, which was not in place when the north Palisades leg of the intersection was originally built, and which carries only minimal traffic). By separating the SB through and right turn movements, and by adding the 3rd westbound lane approaching the intersection on Shea from the east, we should be able to get more flexible signal control and a longer/more frequently available SB right turn green arrow at this intersection. I believe that the additional laneage and signal modifications are more appropriate, given the present and proposed circumstances, than would be elimination of the NRTOR restriction. Att. 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