The URL can be used to link to this page

Home My WebLink About2004.0205.TCREM.Packet4�TAIN �l o' s �9S9 that is As�4 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, FEBRUARY 5, 2004 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL II 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 1.) Pursuant to A.R.S. §38-431-03.A.1, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 2-5-04.doc Page I of 3 Last printed 2/4/2004 9:34 AM or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, the town manager's evaluation and benefit package.) 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — • ROLL CALL — Mayor Nichols • MAYOR'S REPORT — 5 min 5 min a.) Presentation made by Maricopa County Sheriff Joe Arpaio to the Town of Fountain Hills. b.) Plaque presentations by Mayor Nichols to outgoing Planning and Zoning Commissioners: Jay Schlum and Fred Luft. c.) Mayor Nichols to present the Town of Fountains a plaque from the Elks Club of Scottsdale honoring Fountain Hills Law Enforcement and Fire Personnel. d.) Update by Councilwoman Nicola on her involvement with Maricopa Association of Government's Human Services Committee. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the Council MEETING MINUTES of 1/13/04 and 1/15/04. *2.) CONSIDERATION of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the American Legion Post #58. The request is for a fundraiser scheduled for February 21, 2004. *3.) CONSIDERATION of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the American Legion Post #58. The request is for a fundraiser scheduled for February 27 — 29, 2004. *4.) CONSIDERATION of approving the ANNUAL WASH CLEANUP CONTRACT with TruGreen LandCare in the amount of $125,700. REGULAR AGENDA 5.) CONSIDERATION of APPOINTING three citizens to fill current vacancies on the Board of Adjustments each serving two-year terms. E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 2-5-04.doc Page 2 of 3 Last printed 2/4/2004 9:34 AM 9 30 min 6.) QUARTERLY REPORTS provided by the Fire Department and Law Enforcement. 7.) CONSIDERATION of the FINAL PLAT for Parcel 3 at Eagles Nest, a 14-lot, five -tract, 22.27 5 min acre single-family residential subdivision, Case #S2002-28. 8.) CONSIDERATION of the FINAL PLAT for Parcel 4 at Eagles Nest, a 14-lot, three -tract, 26.55 5 min acre single-family residential subdivision, Case #S2002-25. 9.) CONSIDERATION of the FINAL PLAT for Parcel 5 at Eagles Nest, a 21-lot, five -tract, 42.2 5 min acre single-family residential subdivision, Case #S2002-39. 20 min 10.) CONSIDERATION of a CONCEPT PLAN for Wendell Motor Cars, located at 11855 N. Saguaro Boulevard, Suite A, aka Plat 205, Block 3, Lot 12, Case Number CP2003-14. 20 min 11.) DISCUSSION with possible action regarding council member DECORUM. 5 min 12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 5 min 13.) 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: NONE 5 min 14.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:00 p.m. 15.) ADJOURNMENT. I*ft. ATED this 4`h day of February, 2004d-/U2_,z __ Bevelyn �endri,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- 800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 2-5-04.doc Page 3 of 3 Last printed 2/4/2004 9:34 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Meeting Date: 2/5/04 Contact Person: Tom Ward 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 Anoronriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AgendaWording: Consideration of a Special Event Liquor License submitted by the American Legion Post #58. The request is for a fundraiser scheduled for February 21, 2004. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for the special event liquor licenses. The applications meet the security requirements, complies with statutory and liquor license regulations, and received a favorable recommendation from the Sheriffs office 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 pages will be included for representative purposes and the full applications are 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: r D artment Head �7 / /-07 0-c-1 f ( / L Town M nager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: January 14, 2004 FR: Tom Ward, Director of Public Works RE: American Legion Special Event Liquor License The American Legion Post 58 is requesting Council approval for a special event liquor license permit for a fund raising event scheduled for February 21, 2004. Hours of operation are 9:00 a.m. to 10:00 p.m. The event will be held at the American Legion located at 16837 East Parkview Avenue. Although the special event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's office have reviewed the application and find it to be consistent with previous applications. There have not been any known alcohol violations to date that would prohibit granting of the permits. In addition, the American Legion will have up to six security guards during the event and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. \\earth\BBrannon\Liquor Licenses\Staff Memos\American Legion 2-21-04 Event.doc `%W MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD Director of Public Works FOUNTAIN HILLS Subject: Special Event Liquor License; American Legion 458 Memorandum From: Galen Reifschneider #960 Special Events Coordinator/Community Services Date: January 12, 2004 The purpose of this memorandum is to endorse the attached special event Liquor License Submitted by American Legion Post #58 of Fountain Hills. This issue will go before The City Council for final approval. During the event of February 21, 2004, the starting time is at 9am and ending at 1 Opm, the permit covers only the area specified in the application. This event according to the permit is for Fund raising purposes. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the American Legion Post #58 will have security present during the event and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor leoV,-N 400 W Congress #150 Phoenix AZ 85007-2934 ; ,� �� Tucson AZ 85701-1352 (602) 542-5141 N ' (520) 628-6595 4 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT ?C-s LIC# 1. Name of Organization: '/ � � fCHn /� C.11Ce 2. Non-Profit/I. R. S. Tax Exempt Number:' 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? 5. Location of the event: ��,�„ i �� =i t f�,L ��-�' 1',c r /� fSd Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Ouestion #1. (Signature reauired in section #18) 6. Applicant: tX't k W H ti' Last First L Middle / --�- �// Date of Birth 7. Applicant's Mailing Address: l 4'Sf iyu Aa', IJe. Street City State Zip 8. Phone Numbers: (5�� )� Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) l :� .1.V •.Ll1L7L� �iL./L /�Ca.. Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic 0106 11/2000 *Disabled inividuals requiring special accommodations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES RNO (attach explanation if .des) 11. This organization has been issued a special event license for _ I days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES a NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name Address Percentage /Z• 1' l L-- f414t:j4,7- l�v[-- != fCS j}z (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. - What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? JZ1 YES ❑ NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be;used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. pISPLA' it" l rlr PT 1p Ice h 7� I J .!'\ � � LrJ1 i �J 1'j� ) ;r, .� U. � .� I � ,� �� •/ � r' ,� I I �" \ r i. ,I � , 1 '.'1 e, � iF�:: �� \ + ✓� .� ..•rL 7 r �� ^ . 7, l'., �1 1 %. , � �- ' . '•) �t is ,�) ,,ljt � SS � ( �. r�" �_ ( ( �• b LF + _r/ i-=,��:/ (/ �. `' , (,�5/ I fir .�J�I /, .., _�1.:.�.•/ i THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, M the (Signature) 1, .k""i,i)1AP. , declare that I am an Officer/Director/Chairperson (Print full name) applicant listed in Question 6, to apply on behalf of ion for a Special Event Liquor License. 1! LY ; 1A ti I c `'l `w (Title/Position) (Date) (Phone #) State of /l S z �, County of P/y ciZ't p The foregoing instrument was acknowledged before me this OFFICIAL SEAL DIANE E. WARNER r Notary Public - State of Arizona- MAR!COPA COUNTY K T day of— �IA.-I. My com. expires May 6, 2005 S Day of Month N4onth Year My Commission expires on: S"-G VA -IT1 19. I, ,�� x' &?sf - ,f7 � °,� t a,�' , declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the application and the contents and all statements are true, correct and State of A(-: Zo�� County of M X The foregoing instrument was acknowledged before me "s �o�gua�ui c� OFFICIAL SEAL DIANE E. WARNER �`` day of �K � a oc) `�1 Notary Public - State ofift ' MARICOPA COUNTY �nt}t Mon Year V My com. expires May 6, 2005 My commission expires on: (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval City or County MUST recommend event & complete item ##20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted LOCAL GOVERNING BODY APPROVAL SECTION 20. I, d y All irl d /5 r e eby%recommend pecial event application (Governme Offici4l) Title) on behalf of _ Fo a rda I h 7V 1 I I S � , / (494y, Town or Gounb}) 5 te (tlure o ICIAL) (Date) - Department Comment Section: (Employee) 91 FOR DLLC DEPARTMENT USE ONLY APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) [7 • ,_J f:4,vu Are -r �, ;' oo `f l 414V Al ITH Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Meeting Date: 2/5/04 Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Tvne of Document Needinu Aunroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check AaDrooriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of a Special Event Liquor License submitted by the American Legion Post #58. The request is for a fundraiser scheduled for February 27-29, 2004 Staff Recommendation: Approve Fiscal Impact:; No Purpose of Item and Background Information: To obtain Council approval for the special event liquor licenses. The applications meet the security requirements, complies with statutory and liquor license regulations, and received a favorable recommendation from the Sheriffs office 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 pages will be included for representative purposes and the full applications are 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 artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: January 14, 2004 FR: Tom Ward, Director of Public Works RE: American Legion Special Event Liquor License The American Legion Post 58 is requesting Council approval for a special event liquor license permit for a fund raising event scheduled for February 27, 28 and 29, 2004. Hours of operation are 9:00 a.m. to 10:00 p.m. on February 27th and 28th and 10:00 a.m. to 10:00 p.m. on February 29th. The event will be held at the American Legion located at 16837 East Parkview Avenue. Although the special event liquor license is issued by the state, local approval. by the Council is required. Public Works and the Maricopa County Sheriff's office have reviewed the application and find it to be consistent with previous applications. There have not been any known alcohol violations to date that would prohibit granting of the permits. In addition, the American Legion will have up to six security guards during the event and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. \\earth\BBrannon\Liquor Licenses\Staff MemoMmerican Legion 2-27-29-04 Event.doc M MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD Director of Public Works FOUNTAIN HILLS Subject: Special Event Liquor License; American Legion #58 Memorandum From: Galen Reifschneider #960 Special Events Coordinator/Community Services Date: January 12, 2004 The purpose of this memorandum is to endorse the attached special event Liquor License submitted by the American Legion Post #58 of Fountain Hills. This issue will go before The City Council for final approval. During the event of February 27, 28, 2004, the starting times are at 9 am and ending at 10 pm, the permit covers only the area specified in the application. During the event of February 29, 2004, the starting time is at 10 am and ending at 10 pm, the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the American Legion Post #58 will have security present during the three day event and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 R10-93 (MW97 0.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ,� r` �;jt� 400 W Congress #150 Phoenix AZ 85007-2934 s' + " Tucson AZ 85701-1352 (602) 542-5141 '��Ea (520) 628-6595 -c APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: TtHS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# . J 1. Name of Organization:>%2;�, 2. Non-Profit/I. R. S. Tax Exempt Number: 3. The organization is a: (check one box only) 0 Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? rZ1��:� /�;1r c—r- l �,�' l t-C•r� CHI-:1i2,- 5. Location of the event: rf, (- �J < r" Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of thegualifg organization and authorized by an Officer Director or Chairperson of the Organization named in Question #1. (Signature required in section #18) 6. Applicant: ;�t. `r 14V- Last First Middle Date of Birth 7. Applicant's Mailing , PP 'g Address: 1 Street City State Zip 8. Phone Numbers: ) (" 1�� (�� `. ) 5 j �4;: ) t' i ✓ z Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: Day 2: Day 3:':�! Day 4: Day 5: Day 6: Day 7: %W Day 8: Day 9: Day 10: t.ic 0106 11/2000 *Disabled inividuals requiring special accommodations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES NO (attach explanation if yes 11. This organization has been issued a special event license for 1-4 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES ❑ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name Address Percental?e lliili:.�'/!'ftr /��L•i�Jj, j::4' %�S/ � .rrr/'f:i%y�� %:(, f ; r ��<< �j � _ Fi` i' �, (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? Q YES ❑ NO (ATTACH COPY OF AGREEMENT) � � J Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be,used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. ., •�, t t.j. � i � 7��.� o-,•� y y, ik t p�'.,�r I j � , � ; � 1 T ., s..• '1-. `.�t ) \` .a ; _ �^.-nt�l'n` '..r4 �Mjn�%�.. ffnr+�+ �� hC,.0 4�� (�4•� \ •^� 1 � �///} I'.�� .;\ ! � 7 � - I'\ . �, �'•r__r "r�1: c �i' "' y} ,,Ft <rXa�. y''.. �,'� 1..%J r. (7 �,;'�, t, ��;i.1 ,,G �`1�/ -^f� �L��+1'!1 .I , ,". 1 , � 4�� 1'� " - ��$ r'-�+.� ,l' � V ern'! =iF` �+ ' ' , 1 \ ..,.�•,>�. (, , '�.,tl` t4� ' � - I , � I ). y�\ ♦, i ), ' v t �. f, i V(!• , � 'd w t r � 7"T , eT 71 �� II..' � ` .,I �- �- r:h�� (�'�t<,K t l' r� � L4i��,,�-iY. 4 �/,:, \, �i`• •� �.c� I .., ,.,.. �`t. � . '•C t-..-- l • � �� 1 ,� 1 �� t ^ 1P fY':' ,' �,�, � , � . ( � � : ( 1 ' � , ' I �r • `I t � j i'., `�� \�� J�k?r..✓��T�1 >��'�.� Tr�.�l�ttr, S^��r t • c'. :�1� \�� r y.-�, 1(� :�•,'� .• •'� ` ' � '� ,1 i • ✓ �. + V \•t,�.j( /t �:'C t �1. r 1r� t ! , ` rn� i � � 1.�- ! I I ��., � k I �) .`„P i .'~.'t f++, �~ /. � ��1'\\��(l)L_ � �� .`• `�lv/ "�.J,.. ,�, - •`'J 1'��•/i. f;-. ..I.. ' ; � K V it.-�1 A r.. � � � � 1 'b� � f � .�'� ,,� �r:.;i � l:�✓�,� t n...� I 3�J r r f � ( ` 1 I ' ✓` 4F►a, ..� ��'�j,*��I; ' '? w` "Al':!" t/'1. 1 \ �i I ,,^` n r i, t / Ai1H �/ •,�t-'� �,,, _ 1. .L� � �•I r^T'''.' I `j. , � , I I `. ' I•' ` � ,(ice; � •' �, ) ;' , 7 { ( �� ' \ � C'. �t U i � �4 .� �\ � / i , Wz \ t1 . i .•�:✓ /�. �r �j,�a: i., j, L;�`'�' 7 � � l J 11�, �; J� r `,''� •1 iV� � f`si;\. •� �� t1�� ,� ` ,r'�\ � �� ; �'~ ~` .� { - :� I+ '_ ~ ! � :1�i , �.t.�t.!- rY�� : �, aM .•, r` �l'PS `i"' a _ iQP ti � '�. +-., ,,�(/, :..` _t . � '. , _ li `. i.t rr I � c ht � ��^f � �,x 4J: �+t`•'Il�.�'�'�ti �. !�� } t_.,} } 4� �1. 1 I}'�( � �r � •.. + � _ ,�� I 1.° I � '1;.% }`13'`a.}cj4� `�:,}r,=��.� i.'. t`/`.1't � Y� (• .�5{� ..i�•: ��'�ll �l,_"�•j , ��r +',� +I•�` 1 r lJ �, �,� ew.I _ J i +�" t� nt � '% 3,.. + }, / / 1. � 'I ,,r J�/:+ , +1 .r fir. •�' I �J I �j <�tJ�yra� A��T4rh It:L 1 �i•+... - � Y}Js �,, , ��f.+�� t N� ,f�.�''�� f. , � �"Y'� .r /�� ,r�r fir• �� .".�, 1 +. I . ij �'�� r LitJ�'1.,�' S,/",�-`\•'�xb-�li�''�` �� ( 'i '^ �� '{' 4J N �= �Y � 1 � r \\' s � , `JL,% `r'` � -s ,c� � .1� ` ' �,�1 '� �"�� ' � � j� ,( .�• ) ! �� • � /T C � � � T fry SJ-,:.v,r i ,r � ...i.I.1,.�- / � �` �+ +�," , i � � � ' `l •. / :: i (�" } ...I *,n a Yt*1J � `- r L • 1 4 � ( • ` ( 1 1;'. I ll. / 1' 1 } ?j% , .. � ( _ fii PA i i\+jl / `, .'t ' y'.,�. '�� ;+��`•c+9-:.4e,?li�. t Lj !`iw-/,K 1. ,a:t`� •r��...1 " t-.�r,:; t -/1"\ ! , , r.�. - �, I 1 *:+' i. i-, �L`�• � i/" i/ `•; � '.V / ..1` + y--'" Il . f^ r . /:� C 1 i / �;. ' ,�:sa�•ti�{.��: .•S�Cd.� 3\�qC 't3J J► �` P , \ .. � ! ', I '�..�'' .,f �. r �• 'r,f f,Ll E;�r�ITa'y !' / '�'ir'.s �t1•�- c Qt jyr� �'� r / � 1 ,� ,./J!'{r�•i t.. j i ' Yi6�� CJ�`�c� t.� f (� �I ,rj(��i d 4 \. - �7` \r I a '' ' .•, .w. / _ a •4! - , �, i d^t.� T�.S,S ,f�'v4 to�'`.' •��I { s. \ .�, `j � .,��t � �� y•.'I :rt / y. ' ` ) �', , ,'.., t. r _�i�� ,' r • -T :�. -_ \ � _f(� � .1 - 7 fic,;�l�.\'��'�,ryt �',.?n, ,{ (��:: ti\,.`�;I 3 � 1,` ��i•�111f ,,VJ nl .l. ' '-,• /..J:' ... � , i , � ,l:y f :.� , t . :fit �,� � l�`I,. )`F. �fl.-t�}f, ,I � 'I•}•� ' %'�l , , f '� , `.� •. L.r 1fl-'A7. ,' i,j%t� �\. � �\� � tr f.•fj �' . ��j. hv_-• } !"\*` { �_ t, � .. / \ - iI f �, `.1 � 1` / �� \ , •Ny3 ^• �� ..� • !� Z ��;c%i r ' � j.4 ; c�i � 7� /'� � / [i ' h'"�i � (� 3 ,•�,� \'� I s • I' , f} 1\ '�rsa ,-.�'l i i�,, t �', i +,..I'l� � r•I , Gam` .i •y .•v t•1 'ram' , /'' a Jr�-1... �'.y"�J i (yct 1 t�'r,• `'/•<'. . �_ `C).EC .V Imo.' 1 •l:L / �.r 1 � I t j { �14�4�•� � �, '' ` •I V :.y \..�7 ,j}' k � j i�S F. 7..� t Q tter .��i� 1� ji i� t rI� ��} '' ,. •� i '' :(' ��g�` u� �{/ `' 1� THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I,c_ nJt,c �� Z= /'c �'t��R��, , declare that I am an Officer/Director/Chairperson appo' ing the (Print full name) applicant listed in Question 6, to apply on behalf of the f egoing orga�tion for a Special Event Liquor License. X (Signature) (Title/Position) (Date) (Phone #) State of rt r'. -z , >•u. County of Mk rt c `l�_ this OFFICIAL SEAL The foregoing instrument was acknowledged before me DIANE E. WARNER Notary Pub;;_ State of Arizona MAR!COPA CJuN-Y `i day of My corn. exoire. May e, zcos Day of Month onth Year My Commission expires on: 5 -& THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, j ;t'+�'�T tt l,c'c t � r. t �w , declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the application and the contents and all statements are true, correct and I My commission expires on: State of �}r'��, County of .:� P The foregoing instrument was acknowledged before me this OFFICIAL SEAL i C y ti DIANE E. WARNIF- day of u..,. Notary Public -State of Ar <o]:ia �f Month Month Year MAP.'COPA COUNTY �\ My com. expires Mc� C,. (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted 20. I, Oja /1U ,�/ l!i /S ek by recommend special event application (Government fficial), le) on behalf of L� Zj k,{ / n 1V ��<, /4. (.City+; Town or Ceaii (Signature OFFICIAL) (Date) Department Comment Section: (Employee) 1W FOR DLLC DEPARTMENT USE ONLY APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) Im y r - 'r (7 L- C 2 1 " /t' /� -A. / k a e /,I' O-ael-" TC ca 771' C7 / cz�/ • Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 2/5/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing ADnroval (Check all that a ❑ Public Hearing ❑ Resolution ® Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of APPROVING THE ANNUAL WASH CLEANUP CONTRACT with TruGreen LandCare in the amount of $125,700. Staff Recommendation: Approve Fiscal Impact: Yes $125,700 Purpose of Item and Background Information: To perform wash cleanup in a portion of Ashbrook Wash, Mimosa Drain, Ironwood Wash and Emerald Wash. List All Attachments as Follows: Staff memo, project map, signed contract with Exhibit A - Scope of Work and Exhibit B - Bid Schedule. Type(s) of Presentation: None Signatures of Submitting Staff: I/Az i�' zzt"�l De artment He/ ` Town Manager Budget Review (if item not budgeted or exceeds budget amount) M TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Mayor and Town Council DT: January 26, 2004 FR: Thomas L. War ire or of Public Works RE: Bid Award - Wash Cleanup Project Bid No. PW 2004-01 Bids were opened on Friday, January 23, 2004 for the annual wash cleanup project. One bid was received from TruGreen LandCare, LLC in the amount of $125,700.00. TruGreen presently holds the mowing portion of the landscape contract with Parks & Recreation. The Town has been very satisfied with the quality of work performed by TruGreen LandCare. Staff sent specs to all past bidders and also advertised in both the Times and Arizona Republic. Follow-up calls were made to each of the contractors, encouraging them to submit bids, and to resolve any concerns or questions. Five Star Landscaping, our previous contractor, had renewed their contract with the Town for four consecutive years with only an average increase of 2%. This, along with the increase in fuel prices and labor costs, is probably the largest factor for a 13% increase over previous years After the bid, staff contacted several contractors who did not bid. From their responses, it appears that we are unlikely to get significantly more bidders or lower bids by rebidding. Although the annual contract permits four, one-year extensions with indexed price escalations, we certainly are free to rebid the contract after the first year if economic conditions warrant. Contracts signed by TruGreen are attached along with a project map. The budgeted amount for FY 03-04 on this project is $128,000. Staff recommends award of the annual wash cleanup contract to TruGreen LandCare in the amount of $125,700. att. Signed contracts Project map cc: David Stepanek TruGreen LandCare, LLC \\earth\BBrannon\13ids\2004 Wash Cleanup Staff Memo.doc TOWN OF FOUNTAIN HILLS WASH MANAGEMENT PROGRAM SCALE: 1" = 2500' 0 1250 2500 5000 7500 vi MCDOWELL MOUNTAIN RD / h u - - TOWN OF FOUNTAIN HILLS ANNUAL WASH CLEAN-UP CONTRACT PROJECT NO. PW 2004-01 THIS ANNUAL WASH CLEAN-UP CONTRACT (this "Contract") is made as of , 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and TruGreen LandCare, LLC (the "Contractor"). A. The Town issued an Invitation for Bid #PW 2004-01 on January 5, 2004 (the "Invitation"), for annual wash clean-up services (the "Services"). B. Contractor responded to the Invitation and submitted a bid for the Services. Contractor's bid was the lowest, qualified bid received by the Town. C. The Town desires to enter into this Contract with the Contractor for the Services. D. The Town's Contract Administrator for this Contract shall be the Town's Public Works Director or his authorized designee. NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: Term of Contract_ The term of this Contract shall be for the period of one year, commencing upon the execution of this Contract. This Contract will automatically renew for successive one- year terms on the anniversary of the execution hereof for four consecutive years unless written notification is made by either party not less than thirty days prior to the annual renewal date. Work shall not commence until authorization to proceed is received from the Town. 2. Scope of Work. Contractor shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference, in accordance with (i) the terms and conditions set forth in this Contract, (ii) the applicable sections of the Maricopa Association of Governments ("MAG") Uniform Standard Specifications for Public Works Construction (the "MAG Specifications") and (iii) the Contractor's response to the Invitation for Bids. Inspection; Acceptance- All work shall be subject to inspection, surveillance, testing and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 4. Compensation- ensation- Pri .. Escalation- The Town shall pay Contractor a price not to exceed $125,700 for the Services as more particularly set forth in the Bid Schedule attached hereto as Rxhihit R and incorporated herein by reference. Price increases may be requested by the Contractor 30 days prior to the anniversary date of the Contract. Price increases will become automatically effective and will be effective for at least one year from the �4w date of approval. Price increases will be applied to the unit pricing in the Contract as a percentage increase. The percentage increase in the unit pricing may not exceed the percent of increase in the Annual Contract Wash Cleanup 2003.v4.doc Page 12 of 25 Phoenix Metropolitan "Consumers Price Index" for all items for the Percent Change from the Year-Ago Quarter as published by the Department of Labor Urban Consumer Price Index, however, this increase shall not be allowed to exceed a limit of 5%. Higher price increases may be considered based on documented increases in material price or labor wage/fringe rate. Payments- The Town shall pay the Contractor upon completion of the Services to be performed hereunder. Contractor shall submit invoices to the Town that shall document and itemize all work completed. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. The Contract Administrator shall review and approve all invoice statements. Once approved, invoices shall be paid within 30 days of said approval. 6. Licenses_ Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. 7. Indemnification_ To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract of any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 8.1 General, a. Insurer Qnalifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. b. No Representation of Coverage Ade uaJ4v. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the Annual Contract Wash Cleanup 2003.v4.doc Page 13 of 25 performance of this Contract. C. Additional insured_ All insurance coverage and self -insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. d. Coverage Term_ All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. e. Primar; Insurance_ Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. f. Claims Made. In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three- year period. g. Waiver. All policies, including Workers' Compensation insurance, waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. h. Policy Deductibles and/or Self -Insured Retentions_ The policies set forth in these requirements may provide coverage that contains deductibles or self - insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require Contractor to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors- If any work under this Contract is subcontracted in any way, Contractor shall execute a written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. Rvide.nc . of Insurance. Prior to commencing any work or services under this Contract, Contractor shall furnish the Town with certificate(s) of insurance, or Annual Contract Wash Cleanup 2003.v4.doc Page 14 of 25 formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. Such certificates shall identify the contract work number and be sent to the Engineer. If any of the above -cited policies expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following 12ro one (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance. (2) Contractor's insurance shall be primary insurance as respects performance of the Contract. (3) All policies, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Contract. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. a. Commercial General I Jahility- Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of Annual Contract Wash Cleanup 2003.v4.doc Page 15 of 25 the performance of this Contract, the Town, its agents, representatives, officers, 1#4w officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section H) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Vehicle Liability, Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. C. Workers' Compensation Insurance Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 8.3 Cancellation and Expiration Nntice_ Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 9.1 For Town's Convenience, This Contract is for the convenience of the Town and, as such, may be terminated without cause by the Town 30 days after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 9.2 For C'attse_ This Contract may be terminated be either party upon 30 days' written notice to the other party should the other party fail to substantially perform in accordance with this Contract's terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 9.3 line to Work Stoppage- This Contract may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town Annual Contract Wash Cleanup 2003.v4.doc Page 16 of 25 to the Contractor for the undisputed portion of its fee due as of the termination date 9.4 Conflict of Interest- This Contract is subject to the provisions of ARIZ. REV. STAT. § 38- 511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 9.5 Grawities_ The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the Town for the purpose of securing this Contract. In the event this Contract is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity. 10.1 Independent Contractor_ The Contractor acknowledges that all services provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 10.2 Taws and Regulations The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ("OSHA") standards. 10.3 Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 10.4 Provisions Required by Law Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 10.5 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 10.6 Relationship of the Parties_ It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the Annual Contract Wash Cleanup 2003.v4.doe Page 17 of 25 employee or agent of the other for any purpose whatsoever. The Contractor is advised err, that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 10.7 Interpretation; Parol Evidence. This Contract represents the entire Contract of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral Contracts have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contact. 10.8 Assignment_ No right or interest in this Contract shall be assigned by Contractor without prior, written permission of the Town and no delegation of any duty of Contractor shall be made without prior, written permission of the Town. 10.9 Snhcontracts- No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Contract whether or not subcontractors are used. 10.10 Rights and Remedies_ No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 10.11 Liens_ All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 11. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269-7958 Facsimile: 480-837-1404 Attn: Tom Ward Annual Contract Wash Cleanup 2003.v4.doc Page 18 of 25 With copy to: JORDEN, BISCHOFF, MCGUIRE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Contractor: With a copy to: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. IN WITNESS WHEREOF, the Town and the Contractor have caused this Contract to be duly executed as of the day, month and year first above written. "Town" TOWN O&FOUNTAIN HILLS, Arizona municipal eorpo tiC-!J Tim Pickering,Town Manager .,ice. ;��/��_.��IL�.� "Contractor" TruGreen LandCare, LLC ,an By: v �5 Name: Title:— liLl'a-1•,�z� Annual Contract Wash Cleanup 2003.v4.doc Page 19 of 25 EXHIBIT A Primary work areas will be as shown on the attached wash fire hazards and drainage control map. All quantities stated in the Bid documents are subject to adjustment dictated by Town requirements. Quantities at variance with stated bid quantities may be purchased as required. Definitions shall be as stated in Section 101.2 of the MAG Specifications. The Contractor shall take whatever steps, procedures or means required to prevent abnormal dust conditions due to his construction operations in connection with this Contract. The dust control measures shall be maintained at all times during performance of the Services, to the satisfaction of the Town, in accordance with the requirements of the Maricopa County Health Department Air Pollution Control Regulations. Thic is not a pay item MAG Specification 104.2.5 shall apply. The Contractor will supervise and direct the work necessary for the Services. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain a qualified supervisor or superintendent (foreman/lead man) who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The representative shall have full authority to act on behalf of the Contractor and all communications given to the representative shall be as binding as if given to the Contractor. The representative shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. Where appropriate all provisions of MAG, Section 105.5 will be applicable. The Town may at any time, as the need arises, order changes within this Scope of Work without invalidating the Contract. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by written Change Order. Where not more specifically described, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved and shall include all items of fabrication, construction or installation regularly furnished or required for completion. All Work shall be executed by tradesmen skilled in their respective lines of Work. When completed, all work shall present Annual Contract Wash Cleanup 2003.v4.doc Page 20 of 25 �Wl a neat, workmanlike appearance. Contractor's and Subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract (all the foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims based on Contractor's or Subcontractor's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Contract. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records from the effective date of this Contract for the duration of the work and until three (3) years after the date of final payment by the Town to Contractor pursuant to this Contract. The Town shall have access, during normal working hours, to all necessary Contractor and Subcontractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this Article. The Town shall give Contractor or Subcontractor reasonable advance notice of intended audits. Contractor shall require Subcontractors to comply with the provisions of this section by insertion of the requirements hereof in any subcontract pursuant to this Contract. Annual Contract Wash Cleanup 2003.v4.doc Page 21 of 25 EXHIBIT B WASH CLEAN UP PROJECT BID NO. PW 2004-01 BID SCHEDULE Descri tion uanti Unit Price Amount 1 Wash Cleanup (10 workers, 1 chipper, 1 truck, 6 chain saws, assorted hand 100 days $ % 2 S7. $ / Z�7o0 tools Total 125j 747c'�2- If requested by the Town of Fountain Hills, would you provide a second equipped crew at the same unit price? -kc 1F Annual Contract Wash Cleanup 2003.v4.doc Page 8 of 25 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:❑ Meeting Date: February 5, 2004 Contact Person: Molly Bosley & Tom Ward Requesting Action:® TVAe 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 APPOINTING three citizens to fill vacancies and serve two- year terms on the Board of Adjustments. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The terms of Board Members Eugene A. Peters and E.K. Ohsman expired on January 31, 2004. Both Mr. Peters and Mr. Ohsman have requested that their previous applications be sumitted to the Council for their consideration for reappointment for another two-year term, which would end on January 31, 2006. Mr. Ross Barker has submitted his application for the Council's consideration of appointment to fill the last vacancy on this five -member board, which would also expire on January 31, 2006. List All Attachments as Follows: 1.)Eugene Peters reactivated application. 2.)E.K. Ohsman reactivated application. 3.)New application from Ross Barker. Type(s) of Presentation: Signatures of Submitting Staff: DeArtment Head / � ?I /-; ,rf Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) eAboard of adjustment\boa - appointment tc agenda form - barker 2004.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: The Honorable Mayor Nichols and DT: January 28, 2004 Town Council FR: Molly Bosley, P & Z Administrator RE: Board of Adjustment Appointees and Tom Ward, D' ect r of Public Works The terms of two Fountain Hills Board of Adjustment members expired on January 31, 2004. Those Board members are Eugene A. Peters and E.K. Ohsman. Mr. Peters was originally appointed to the Board on February 1, 2000. Mr. Ohsman was appointed on November 21, 1996. The Board of Adjustment last convened on September 9, 2003. Attached are the original applications for Eugene A. Peters and E.K. Ohsman and both have asked to reactivate their applications for your review, to serve another 2-year term. Their term will expire on January 31, 2006. Attached is an application from Ross Barker, who wishes to fill a vacancy on the Board of Adjustment, created when William Blankenship resigned. The advertisement requesting applications to the Board ran continuously on the Fountain Hill's Web site since the opening was created. We received one application from Ross Barker. Mr. Ward and I would like to suggest that the Mayor and Council consider appointing Ross Barker to the Board of Adjustment for a 2-year term, which began on February 1, 2004 and ends January 31, 2006. This appointment would then have all positions of the five -member board filled. `DIVED r ; u 2002 TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARD IN WHICH INTERESTED: � �, 61-) J' "7Y)(,7S ADDRESS: l y2 C Z Fbj, 7?bjj �4z tf dl L t,1,o ro" OF F0'A7AAHILLS MAR 0 3 2000 COIyMUA'1�Y w��,,A ,h �TIy,}17 ANT PHONE:_(y� �� 8 3 �- z c ; ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: �'S) NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) Zw 1}-' Acc-rd a?nG PRESENTLY EMPLOYED BY: % n" y /'', Gacf2 y JOB TTTLE: Co I -I / Lo I L 6YL PHONE:_ �`i6'�) B,7 `✓ o/Q/ BUSINESS ADDRESS: -�-1 Y W , Mq_.z)' —S I A z ®S w PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: v`jrr��m /I T- i 9. CM9 o Den t3,� (--� n t�rj-ncc /�D'?_ 19 y 9 Ezcz � ?v / ycNt. ��- n / 6i t jr- i6o9n� fit' jtY& -cT', S 2 42y - .2 ,x�a L /1-' arlez-1v 'Tu f yzW PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: 1117 (1j 40 J �,�s t4c1-/ejvs-t7 #V -r , /zo DATE: 2 �� SIGNATURE: ,% , QUESTIONS FOR BOARD OF ADJUSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built -out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and hcight restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the i''r.• setback variance? Please explain. Szf77_64-C k s5 Co rl/%i 7-A �L 66- /7 L o rJ 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? ..r 7 L /-N CZ_�9 CO iev_ rL ti LJ_TJ kF Z.o ,J � 4 . CM 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the Code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? G9 i wfa< 04TAXI ,J' 6F60 A f'I,Av z)n- U �-711.,1b 6 4. Some people desire to build their "dream home" in Fountain Hills but cannot afford a lot large enough for the house to conform to the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? /�— Lo T V;, f �� k J _S 7I1 �- �✓ 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will allow? Please explain. ZT JZP C r' .ZT 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swiii.l� Rg pool wit: a:: acceswry coot deck and patio. iiiis fut-flier grading will requite them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? -7� �-�r /- �,'r /lto ,t2 eo G9 OIL, Lf y�7/L ..-tom '0 ff- 4 W-1�2 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimise expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow She grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparation costs are an issue, the house could be redesigned to better fit the lot and stay r within the prescribed setback requirements, and that a variance should not be granted for view protection? Please explain. O g— /mL A15YI ,6��* L--- 471-` r7:z4c o7->f gaq/�- .T- 1� S Z-7-1' TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARD IN WHICH INTERESTED: U NAME: Z! , 5L)L 0 �15121 "qlt/ PHONE: Z3 %- 714�2- ADDRESS:106-::? 3 11/&'4x) i- ELLS zwI ,(/,4�z- ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: YES NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) UNIT/ of 4v1� F. 14 PRESENTLY EMPLOYED BY: JOB TITLE: BUSINESS ADDRESS: PHONE: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: M,4-So �v s covert -rz��4 LiF6r o At/ F Co ✓6& ver CG v,9 ` 5767Ct-r4e4-s �Ks PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: �N S s' — SCC-Y oz 41erxAe.3- 7-grm P,1-.,E J v D, 4 H - D S, Fz!6—Ftic �/ /✓o�TN DttJsUFQS �-SS =D.�FS 70,=.4 DATE: a ✓ 7 SIGNA' QUESTIONS FOR BOARD OF ADJUSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built -out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance? Please explain. NO. The City looked at the neighborhood before changing to the new zoning laws.#Ihe City believed that the change was proper and passed the ordinance. All newer homes in the area have complied with the new ordinance and the variance would not be in good faith with them. ALSO, a variance to the height requirement might be harmful to a neighbor. FURTHER, this neighborhood is most likely single family dwellings. I would investigate to see whither or not Jean's home for orphans fit the one family dwelling definition. Jean should have known the zoning BEFORE she bought.. 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? NO !! In my opinion - variances and laws are not for sale. Further, the "public service" just may not be legal in this neighborhood. 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the Code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? NO !! Purchasers should be aware of the costs and codes before they purchase a lot. If there are a number of lots with this problem, get the zoning changed for all the lots. 4. Some people desire to build their "dream home" in Fountain Hills but cannot afford a lot large enough for the house to conform to the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? NO !! 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will allow? Please explain. YES. This seems to be a reasonable request. It seems that the addition will add to the neighborhood's appearance, there are no objections and there is nothing to be gained by anyone if the ordinance were to be enforced as written. This is a WIN WIN situation. 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swimming pool with an accessory cool deck and patio. This further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? PROBABLY NO. This could be the signal for all in the same position (on future purchases) to request the maximum before building and then after construction, request variances so as to circumvent zoning ordinances. PLAN AHEAD. 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimize expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow the grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparauon costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback requirements, and that a variance should not be granted for view protection? Please explain. THERE MAY BE MORE TO CONSIDER than just these facts. Will this be the only request in this area; will more requests be made in this area if this variance is allowed, and how large a deviation is requested. 1. Costs should not be a matter for the adjustment committee. 2. Neighbors request should be considered but not too heavily. 3. fhere is no hardship in this case that money could not solve. 4. The neighbor could have reasonably know or guessed that someday, the lot would be sold and a house built there which just might block his view. 5. Ordinances are made with great study and devised to accomplish a purpose. I WOULD PROBABLY VOTE TO DENY. TOWN OF FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARDS IN WHICH INTERESTED e0aro( OP jA!�U5TmBn4 NAME: Ross Barre, - DEC 1 1 1003 PHONE: Got- Z7-9- 0513 ADDRESS: lyy57 N. i>lgavc per. Founfatih �{Nls. �}� Fr52G8 ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?:YE9 NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) Res« PRESENTLY EMPLOYED BY: See Res'Am t JOB TITLE: BUSSINESS ADDRESS: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD Se-e IResUmt PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: See Res -n. e ( DATE: _ /2fzq %2yo3 SIGNATURE: �'L IN Ross Barker 14457 N. Agave Drive Fountain HE, AZ 85268 (602) 228-0513, rbarker@rodel.com Objective To participate in the civic functions of Fountain Hills Experience Summary o M.B.A. - Marketing concentration, B.S. Chemical Engineering 0 6 years Semiconductor experience (manufacturing, technical service, and research) o Six Sigma Black Belt (Rohm and Haas Training) o Small business owner - www.ovadavo.com (partnership) 0 2 USPTO patents and numerous published papers Career Track o Key Account Technologist; Rodel Inc. Phoenix, AZ 2003-Present o Slurry Technical Service Engineer, Rodel Inc. Newark, DE 2000-2003 o OVIP Staff Engineer; IBM Microelectronics Manassas, VA 1998-2000 o CMP Process Engineer, National Semiconductor Portland, ME 1997-1998 Professional Experience Rodel Inc. (2003-Present) - Key Account Technologist o Technical lead for OEM accounts (Applied Materials, Novellus, Lam, NuTool, etc.) o Principal customer contact for Cu/low k Vt step slurries o Characterization and integration lead for VisionPad process development o Weekly contact with major customers via demos, conference calls, face-to-face visits o Technical member of Cu/low k core team o Responsible for product introduction to most Japanese customers - technical portion o Developing low cost pattern wafer with Silyb Inc. (potential savings to Rodel = $600k) Rodel Inc. (2000-2003) - Slurry Technical Service o Developed sheet wafer recycle program worth over $200K in yearly savings to Rodel o Lead engineer for platen 1 copper slurry and platen 3 acidic barrier slurry development o Process lead in the development of RLS 3126, the first copper slurryto be commercialized o Customer interaction with all major OEM's and IDM's domestic and international o Lead Auditor - ISO 14001 Certification Team o Process experience with all major polishing tools, metrology, and analytical equipment o Familiar with slurry formulations and pad types for all polishing processes in CMP IBM Microelectronics (1998-2000) - CMP Staff Engineer o Developed new Ox deposition process to reduce CMP costs through decreased slurry usage o Lead second source qualification of ILD consumables on Ebara EPOL222 o Characterized STI slung for integration into 128Mb DRAM manufacturing (E-testy Final test) o CMP representative in envirorunental/safetyinidative in abatement of hazardous chemicals o Principal investigator in reducing WF6 and Silane consumption in W process o Experience with tool installations and manufacturing qualifications o Involved in cross -functional projects included Litho, Etch, CVD, and Wets National Semiconductor (1997-1998) - CMP Process Engineer o Assisted in the installation of DI water distribution system o Developed pattern wafer defectivity recipes for L1,2,3 TEOS-CMP on Tencor AIT o Ran pad life and reproducibility studies on various pad types and suppliers o Participated in the qualification of CMOS7 200mm process start-up o Member of yield improvement team Professional Profile o Wide fundamental knowledge and experience, including Fab experience o Success oriented and outgoing with positive work attitude o Strong organizational skills with attention to detail o Excellent problem solving skills o Strong sense of responsibility and self -motivation o Creative, flexible and efficient work habits o Innovative and very entrepreneurial Education o Masters of Business Administration (Marketing Concentration) University of Maine Orono, ME o B.S. Chemical Engineering University of Maine Orono, ME Training/ Skills o Six Sigma Black Belt Training - Rohm and Haas Company 0 2 Patents in Cu CMP process and slurry development o ISO 14001 Lead Auditor Training - Rodel EHS o UCal Berkeley Semiconductor Manufacturing summer session participant o Published in CMP-MIC 2001 Proceedings "Reactive Liquid Technology" o TSI Semiconductor Processing Course graduate o Member American Chemical Society, Member American Institute of Chemical Engineers IPr TPA a • 25 • 20042: 4: 09PM ROHM AND HAAS LLS 4fJ0. 739404 P. 3,/6e2 R I QUESTIONS OR BOAn QF ADJTJSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood wars al host entirely built -out in the 1970's except for a few remAirung vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jeer Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. r Jean Benefactor wants a variance so that she can build is confmm=re with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quartrs for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her 'neighbors' lots are similar, would you vote to grant the setback variance? Please explain_ T T I 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not7 l" o • ak1 SPY s��lc� k"+ de a rre.rYituifi. 4 et,75,lti,q. T� (ca( 2(�_ • kJ' av-e i) 711e �2Cf d-'7,7c NH`4� Or !2p JRlon. Kr v^{ 3) %o � ry rLA"'� Jfvl'ti� 1 A1, JAhJAH- 25.2004_z: 4:09PM RQHM AND HAAS ',LLS 4N0.739404 P.4:503 r 3. there are a number of lots, due to their topography, that am much more expensive to build on when conformance to„the strict terms of the Code is enforce. Do you believe that economics should be a factor in considering a variance? if so, to what degree? Yes. i+ V' 4. Some people desire to build thou "d=m home" in Fountain Hills but cannot afrord a lot large enough for the house to cprfarm to the minimum setback requirements. Should we grant variances so we can have the growth and income in our commutury? �'r/�^�1� •� � IC�/ / �.� / O/ (/'/nICT fuh n, A c 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Commince of Architecture approved a variance from the restrictive povenants and the resident applies for a variance from the Zoning Ordinance. None of tho neighbors object, but no special circumstances exist, The resident wants the addition to sG,tve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will allow`_' Please explain. rs. —z- .v.- JA�7Ara. �16.2004.2, 4: 10Pr1 ROHM ArID HAAS ILLS 4rd0.739404 P.5i504 ill 1 � ol w ism—e. k r�or/�MYi a nw Lw�S App� . �r 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swimming pool with an accessory cool deck and patio. This further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? e, w�id �'►An. . 7 a t Miw.r.'c� �.. f mslstia f r �, +c� _ ShO,, �.i rUT &0 eAhCT/Yrvv.1 KS/�//ir. ( r� YY.CI�CJf YT /S �Ifl�Gl., tfvl ca. &". 't9 .w• t� Yre-4Ato&L I- 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural tetmin. The owner applies for a variance to, encroach in a setback area to minimize expensive site disturbance. The lot is not regtlated by the Hillside Development Standards and the Town Code will allow the gradir_g necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the.app4ant will be requirai to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation, costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site -3- jpA JAr1.25•-2004;2: 4:10PM ROHM AND HAAS ELLS 4r10.7.39404 P.5/505 (1 u preparation costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback refquir==Ts, and that it variance should not be grated for view protection? Please explaPh gv r Hf7x (. I `G /(l SAg& 1 K- ti e.r' —"S a/� /�f�l� y �' T -741 �u C-1 -l�'� f•eu 7(.� l�u+�l�l�h � r1'r A #A l .? 'a , 0OW J411A �a n�S a-� G,r ilr�Gr � 7_'�' Cer►,k.wKiTu N, «�`t�P rr Gi AgKt lr ,- µcur 5�-J) � cn►vIiev i TOTAL P.05 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 2/5/04 Submitting Department: Maricopa County Sheriffs Office and Rural Metro Fire Dept. Contact Person: MCSO Captain John Kleinheinz, Fire Chief Mark Zimmerman Consent:❑ Regular:® Requesting Action:❑ Report Only:® Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Report Council Prioritv (Check ADDTODriate 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: DEPARTMENT QUARTERLY REPORT provided by the Fire Department and Law Enforcement. Staff Recommendation: Fiscal Impact: No $00 Purpose of Item and Background Information: Rural Metro and the Sheriffs Office will provide the second quarter reports for the 2003-2004 fiscal year (October 1, 2003 through December 31, 2003). List All Attachments as Follows: Rural Metro Powerpoint presentation, Maricopa County Sheriffs Powerpoint presentation. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) VA b-A� Town Manager /Designee \\earth\sstein\agenda cover sheet\agenda cover sheet fire and law enforquarterlylc.doc t _1 Uepartmelit 2nd Qtr 2003-2004 Response volume and type Response times Training hours Fire Prevention activities Additional activities :.- Call Volume Comparison 900 800 700 600 552 500 400 300 95 �334 200 49g 187 100 -48—...------..gp........................ .._................... _ ............... ............... a 31 0 1st qtr 2003 2nd qtr 2003 2nd qtr 2002 —�—Emergency calls ---Non-emergency calls —+— Cancelled prior to arrKal —?r Total Calls �A Call Type Comparison 400� 35F3 314 300 - 56 264 250 -�- 200 188 157 150 100 L23 ' 6 9.01 0 . 33 16 E,20 11 18 1 5312 131319 11541 10 1504 r1 2nd qtr 2002 2nd qtr 2003 1 st qtr 2003 t3 EMS Life Threat a EMS Urgent ■ EMS Nonlife Threat ® Grade 1 M Haz Mat ■ Code 3 Special Duty ■ Service Call (snakes, etc) ® Still ■ Traffic Accident o Structure Fire Comm ■ Structure Fire Res ® Mountian Rescue ■ Brush Fire 2nd Quarter I raining Hours 200 180 160 1.10 120 100 80 60 40 20 0 Station 822 Station 823 1 otal Knowledge ■Skill — t..u.._........._.................._......--------------- J 350 300 250 200 150 Fire Prevention Activity Comparison 1 st qtr 2003 2nd qtr2003 2nd qtr 2002 — Plan Review InspeclJons Permits I El Activities for the quarter U Participated in the Fall:Festival Participated as EMS standby at the Chamber's Fall Art Festival U Delivered Santa to the annual Avenue of Fountains Christmas Lighting Ceremony X Both stations were collection points for the Toys for Tots program U I -adder 823 annual inspection and. aerial ladder certification completed All annual business inspections completed W ■� W n W L L s = o � U i O O o CL L O V � L � c� 0 C' J O O CV Wm 0 ^L 4-j W L 7C) _ � 4— O 0 cn 4-j cz }+ `V E cz = O E E E _ O O C: C: CZ cn U C: o = a) O •— � 0) O O O O O L L U) %O O C: C: %+- Y. c 4--j (1) O C) (1) cu L 4--j � (1) C: U L � `- wi5 .�, � w �O m- 4) O O � • — CZ E c: C 0 C: •— O > O -� O O 4--j 0 m> 0- 0 CZ U) CZ E m Q— • 0 • • mO LM 0 LL (1) MIT mmm�m� W-1 2 ME (1) 4=1 LM 0 Q 4) cc Ida 4 m E oz Ak O !T tn M tn N tn OOMW*4 I= 0 nold C-= tn m N tn r--1 ffi Nr4 ;.4 ME llllllliillllllllllllIlli llllllllllllllli, IN 3 R El 2 • U) rml 59 MI- i ••• • • • • a, ,n a� 0 d U E� a� a� a� A a� N 0 z 0 0 0 000000000 0 0 • • • • • • W LJ rd-19 4 m cl 0 ro-a 4 m O tn CIA CA pppp-. 41 w LM 0 IV ;.A 501 FA Mi TOWN OF FOUNTAIN HILLS TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 5, 2004 FR: Dana Burkhardt, Senior Planner RE: Amended Stipulation for Parcels 3, 4, and 5 of Eagles Nest Final Plat The purpose of this memorandum is to revise the recommended Stipulation #1 of the Final Plats for Parcels 3, 4, and 5 of Eagles Nest. Staff hereby amends Stipulation #1 as amended by memo dated February 4, 2004, for Parcels 3, 4, and 5 of Eagles Nest to read as follows: "a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above." Cc: Tim Pickering, Town Manager Andrew McGuire, Town Attorney Tom Ward, Director of Public Works Randy Harrel, Town Engineer Molly Bosley, Planning Administrator TOWN OF FOUNTAIN HILLS TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 4, 2004 FR: Dana Burkhardt, Senior Planner RE: Amended Stipulation for Parcels 3, 4, and 5 of Eagles Nest Final Plat The purpose of this memorandum is to revise the recommended Stipulation #1 of the Final Plats for Parcels 3, 4, and 5 of Eagles Nest. Currently, Stipulation #1 as recommended in the Staff reports state: "The Town Council's approval of this plat is conditioned on the Town receiving written notification from the Arizona Department of Water Resources (ADWR) expressly stating one of the following: (1) ADWR has approved a modification of Chaparral City Water Company's (CCWC) designation of assured water supply that demonstrates a water supply sufficient to meet CCWC's current and committed demands, as well as this plat; or (2) ADWR has determined that the deficiencies in CCWC's designation as indicated in ADWR's letter of October 29, 2003 have been cured to the satisfaction of ADWR and that CCWC has demonstrated a sufficient water supply to meet the water demands associated with this plat." Staff hereby amends Stipulation #1 as listed in the staff reports for Parcels 3, 4, and 5 of Eagles Nest to read as follows: "Approval of this Plat is conditioned upon: (i) ADWR sending a notification to the Town ("the Notification") that ADWR has approved a modification to CCWC's Designation or otherwise has determined that CCWC has enough water for current and committed demands including the subdivision; and (ii) the developer not submitting a request to the State Real Estate Commissioner for a public report for the subdivision in advance of ADWR's issuance of the Notification to the Town. If you have any questions or you would like additional information, I can be reached at (480) 816-5138. Cc: Tim Pickering, Town Manager Andrew McGuire, Town Attorney Tom Ward, Director of Public Works Randy Harrel, Town Engineer Molly Bosley, Planning Administrator Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date:, 2/5/04 Submitting Department: Public Works. Contact"Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Type of Document Needing Approval (Check all that ❑ 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 Re2Iular Agenda''Wordin2: CONSIDERATION of the Final Plat "Parcel 3 at Eagles Nest", a 14 lot, five -tract, 22.27 acre single-family residential subdivision.; Case #S2002-28. Staff Recommendation: Approve Fiscal Impact:. No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 3 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: OF 40", /J(Ile De artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 27, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-28; Final Plat "Parcel 3 at Eagles Nest", a 14 lot, five -tract subdivision. LOCATION: The southwest area of the Eagles Nest Master Plat, south of Parcel 4 and west of Parcels 10 & 11(see the attached vicinity map and refer to your preliminary plat). REQUEST: Consideration of the Final Plat for Parcel 3 at Eagles Nest, a 14 lot, five -tract, 22.27 acre single-family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R1-43" Zoning Districts Undeveloped land 22.27 acres SURROUNDING LAND USES AND ZONING: NORTH: Eagles Nest Parcel 4; zoned "R1-43" SOUTH: Eagles Nest Parcel 2; zoned "R1-43" EAST: Eagles Nest Parcels 9 & 11; zoned "R1-43" WEST: McDowell Mountain Preserve; zoned "OSR" SUMMARY: This request is for approval of the final plat for "Parcel 3 at Eagles Nest", a 14 lot, five -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat Parcel 3, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway Blvd. The final plat provides access to Lots 1-13 from Ventana Drive, which is a cul-de- sac approximately 1,050' long. Lot 14 is accessed directly from Mountain Parkway. The maximum lot area proposed is 100,781 square feet, the minimum lot area is 45,953 square feet, and the average proposed disturbance area for each lot is approximately 21,550 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 3 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. 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 EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 Totals: 471.256 Allowed: Residual: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 529,800 8 152,800 14 301,700 231 5,218,100 415 9,420,500 184 4,202,400 Average dirt. for remaining lots: 22839.13043 RECOMMENDATION: Staff recommends approval of S2002-28; Final Plat of "Parcel 3 at Eagles Nest", with the following stipulations: 1) The Town Council's approval of this plat is conditioned on the Town receiving written notification from the Arizona Department of Water Resources (ADWR) expressly stating one of the following: (1) ADWR has approved a modification of Chaparral City Water Company's (CCWC) designation of assured water supply that demonstrates a water supply sufficient to meet CCWC's current and committed demands, as well as this plat; or (2) ADWR has determined that the deficiencies in CCWC's designation as indicated in ADWR's letter of October 29, 2003 have been cured to the satisfaction of ADWR and that CCWC has demonstrated a sufficient water supply to meet the water demands associated with this plat. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) 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 Mountain Parkway, 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) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. i yy R•a q H F s_w ••R0. P• yy �� !! P.:. ' fop ra _ "" w p• ^P �I R pY^,AR •_ _ a P 9 ! w F: .. � �F F�0..FFw � — S• • � _ P P R Y p Pfc !�i s w _�++ � A I F Y f it A � 2 A P' .* - /vna S � A w �� ai i Sk • A • R YR +�w • p rS.0. n i O • Y 1 � 0. � A cR� � • Y O• AA NR _ a D 0. 0. P P 9 Y R Y 0.• x -- i�'�T ♦. �I 7 L �R S� R !i w P• ! ay _ tC'} �•Y � P+ F CP�* f > d,. 0. w Y R N 0. R f �� w • a c R Y. S A p A A R A •x R ^, w •• i w � .. � R � s S= R � n� k _ A Xa _ 1(] p n A• .Afi n R O R• ! ' P e d • � — rY R � • I ° R a n y i5,"ryfi W n m J = T N LL. �w ' w I PBA 1, 02 The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT I For Official Use Case Ma age Only Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQU PROJECT NAME r, Ms. `g�APPLICATION JPreliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment Address: M /2 S L � City: State: Zip: Mrs. Owner: Day Phone Mr. Ms. Address: City: State: Zip: If application is being submitted by someone obfier Man the owner of the property under consideradon, the section below dust be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of DATE TO FILE THIS APPLICATION. Notary Public My Commission Expires FILING DATE: v L FEE PAID: ACCEPTED ,,� BY: (See Fee Schedule) Application Poge 2 of 7 20 Case--;Nuriber HEMP g- gpy As is FR ¢ 99 R Y8� Q9 A €Q 4 uIR 9zS YEE££��` E . �g IR 8 4 zw V � m b b m ` M y O O O c Z yk _ y�q'OSJ n E, rn �„Nh ` y ob�a"i - 9 '"Se,'.J�BmSYRhme�n?a�hmS.RoR��YRe$Sn�SRXYSo ^R3`'�8R�m88�`.�^<�.�R.��$:^<CAB:'„R"'�r��F�arh��R�$8:d��.FrGg8o3�s� BFSSA^RRR='8R�=^BS�nRB��„Rr�e8^.85 a' i�R�^^'^^7Sa3^.7^-R^�R'-°88RRR�R-=R8RR88s:,88Y43'�IIYY7«`^ sss; �3 saW W3s3ss3W WW Ww s�sssszs WWwW "_Y'-R��ry-B�RRSS§nR^_8., WWWWW ssss WwWWWw ��3R=�N�RSs��gR�n��o=?§RR��"aa:$aRR�n��a�$gz��R�aa^^`R„��=�Azmm��S��B I91 0-1 z91 0 84) 1VId IVN1J I m 09zs8 ZM •3lvOs11o7s - E '13.721Vd tlVO 31ms CI i i 3AIa033alNItlN'304EB+ 1S3N S3'1JV3 o a w s-. 8 888 E� ^ ,2 y as45i a� q 3 C /l�� 33E8 I � G� I rb I / � U \ � .a/ ♦�.t 2N ~ / % 7 I coo /� 7 Quo \�� 28 e g Ifiv IVId 1HNIA 8 '� 0 9L0-ZZB 09ZS8 `7L-7331111810�5 n C 13321Hd % o < o 3AIa033a1N1v11'3 OVE8 ay + � LS3N S31OV3 p o U < N �ge8 a9 MioU uz'w�s x�w,umH J sora�me do vsre - xm rvouox �f 00'B9S[ AIW.ILLFi T iZ'OBSI M�W.IL� I e^ u 43 :e � I �4 a. 7 i / r / d / \ g 'A 1 \ k 1 3W C3 VVV b 9 �o tlRZR x�.,��a��aaaaaao�.,a��a�.xc�o� Ir. yy 8S8S vftw Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works. Consent:❑ Regular:® Meeting Date: 2/5/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Annrovall (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 Anorooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development X ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AlZenda Wording: CONSIDERATION of the Final Plat for "Parcel 4 at Eagles Nest", a 14 lot, three - tract, 26.55 acre single-family residential subdivision, Case #S2002-25. Staff Recommendation: Approve Fiscal Impact: No $— Purpose of Item and BacklZround Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 4 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Preseutation: N/A Siznatures of Submittinjz Staff: De artmen Head Town 4anager / 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 28, 2004 FR: Dana Burkhardt, Senior Plannery RE: S2002-25; Final Plat "Parcel 4 at Eagles Nest", a 14 lot, three -tract subdivision. LOCATION: The west area of the Eagles Nest Master Plat, south of Parcel 5 and west of Parcel 10 (see the attached vicinity map and refer to your preliminary plat). REQUEST: Consideration of the Final Plat for Parcel 4 at Eagles Nest, a 14 lot, three -tract, 26.55 acre single-family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R143" Zoning Districts Undeveloped land 26.55 acres SURROUNDING LAND USES AND ZONING: 1%01 NORTH: Eagles Nest Parcel 5; zoned "R1-43" SOUTH: Eagles Nest Parcel 3; zoned "R1-43" EAST: Eagles Nest Parcel 10; zoned "R143" WEST: McDowell Mountain Preserve; zoned "OSR" SUMMARY: This request is for approval of the final plat for "Parcel 4 at Eagles Nest", a 14 lot, three -tract single-family subdivision. This is a replat of the Eagles Nest Final Plat Parcel 4, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway Blvd. Lots 5 throughl0 and Lots 13 & 14 are accessed from Ridgecrest Drive, a 950' cul-de-sac road extending west from Mountain Parkway. Adobe Circle extends northwest from Ridgecrest Drive for a length of approximately 510' and provides access to Lots 1 through 4. Lots 11 & 12 are accessed directly from Mountain Parkway. The maximum lot area proposed is 82,954 square feet, the minimum lot area is undetermined at this time, and the average proposed disturbance area for each lot is approximately 21,857 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 4 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. 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 EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 EN 4 26.548 Totals: 497.804 Allowed: Residual: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 529,800 8 152,800 14 301,700 14 306,000 245 5,524,100 415 9,420,500 170 3,896,400 Average dist. for remaining lots: 22920 RECOMMENDATION: Staff recommends approval of S2002-25; Final Plat of "Parcel 4 at Eagles Nest", with the following stipulations: 1) The Town Council's approval of this plat is conditioned on the Town receiving written notification from the Arizona Department of Water Resources (ADWR) expressly stating one of the following: (1) ADWR has approved a modification of Chaparral City Water Company's (CCWC) designation of assured water supply that demonstrates a water supply sufficient to meet CCWC's current and committed demands, as well as this plat; or (2) ADWR has determined that the deficiencies in CCWC's designation as indicated in ADWR's letter of October 29, 2003 have been cured to the satisfaction of ADWR and that CCWC has demonstrated a sufficient water supply to meet the water demands associated with this plat. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) 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 Mountain Parkway, 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) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. 9) Revise the lot sizes for Lots 4 & 14 of the Final Plat, aka Lot Numbers 155 & 165 of the "Eagle's Nest Building Envelope Disturbance" lot size and disturbance allocation table to maintain the required minimum 43,560 square feet. 4 ea o. "►`© °b Qs� a°� Aar pay/� ° � Off' s �� r�� - ©� �.� ♦� �. � MEN .,moo R/®� CD � �� OOQ� o Q • M. � � , ..III ■ _ 'i/ • G • —a U �m swum on The Town of Fountain Hills For Official Use Only COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: Fountain Hills, Arizona :APPLICATION'`"-r t AreaCpecific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME J Mrs. Applicant: Day Phone Mr. 1 1 t '_� �( �� Ms. Address: � /C t/tCity: State: Zip: Mrs. Owner: Mr. Ms. Address: City: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below wil be completed, SIGNATURE OF OWNER I HEREBY AUTHORIZE DATE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of Notary Public ;AILING DATE. FEE PAID: Application Page 2 of 7 My Commission Expires ACCEPTED BY: (See Fee Schedule) 20 -'Case.Number - �eto-zzslosvl an"v'"""'"'a.� 1V1d'IVNM m a9z8Y zv, •a,vasuoos tJ 1332iVd e 3niaa 33MINiva a ov¢e ayM 1S3N S319V3 m S W >a LO L= CO I "s V ? I acn s a a a a a a a a a a a a b a£ a a a b 9 j�` >p Oil 61 a1k bg � q� a a a � � �a# � a a $a °�'i �Y q ail e a a s b it W �FZ� g Z ygIco p a N W n gIR b o aywoy°y� �c m '- W 4 o-° ? 3 I Ott' z S 6 1i'i~Pig b 61 lis �=7pr tj E l Ensis €< I I�g MOM Eil ill � � ; �� a m m � a � � �� t � � �� € 1 -§§d � �9co-zz9(out,) 0%"�zl4t""w,, - 1Hld 1VN1A oeco-zzs (o9v) U9Z99 Zi/'3lVUS110OS 3Atau 33L1NIW '3 Ong + - 1S3N S319V3 `FRS888 §rR �8888888 y4^3$r.�� "1'aP �f3 tip -^smma 3 c8�8S'cs sRR"l.>o^ «�.ga. R.88a85Rdr'+.868^Z^�§88888888§SSaa�8o�-m6 ^°3eRc1"ham R�A�'�F�".n ��•¢�e�no� axA W '88raE8Es�SRRSso8a8 .33::,s „ WWWWW WWWWs S:Y R-R�aR'^R'=R ,WWWWWW %+R ^RrR ..,.:: RrR_R 33� 53R?*? a loll s �scozzsmaul �/,►w_e'°w�ne°+� IV Id IVNI-A oeco-zzB 09Zs9 Zv'3lvas110OS ti '1332Idd I tl L-7 311ns WHO 33H1NItlM'30CE8 ay w. LS3N S31OV3 Mioil az'ww Kw,limn s�rawae do me— wau-a =--`�— xn.« x�w.izmH — T WWI S��«�o^.Ro8Ro+!B�mR^8S a •sszss v HE gci+ m��n�RN�Hi»R RY. RJR ��rSR ,am "s3'sg51- Town of Fountain Hills Town Council Agenda Action Form Meeting Type:, Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 2/5/04 Contact` Persons Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needine ADnroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADoronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AgendIa Wording: CONSIDERATION of the Final Plat for "Parcel 5 at Eagles Nest", a 21 lot, five - tract, 42.2 acre single-family residential subdivision, Case #S2002-39. Staff Recommendations Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 5 of the Final (Master) Plat of Eagles Nest. 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 Hea " Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: January 28, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-39; Final Plat "Eagles Nest Parcel 5", a 21 lot, five -tract subdivision. LOCATION: The northwest area of the Eagles Nest Master Plat, south of Parcel 6 and west of Parcel 9 (see the attached vicinity map and refer to your preliminary plat). REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 5, a 21 lot, five -tract single- family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R1-43" Zoning Districts Undeveloped land 42.2 acres SURROUNDING LAND USES AND ZONING: NORTH: Eagles Nest Parcel 6; zoned "R1-43" "R1-43" SOUTH: Eagles Nest Parcel 4; zoned EAST: Eagles Nest Parcel 9; zoned "R1-43" WEST: McDowell Mountain Preserve; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Parcel 5 at Eagles Nest", a 21 lot, five -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 5, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway Blvd. Lots 1 through 10 are accessed from Blooming Hills Drive, which is a loop road extending from Mountain Parkway through Parcels 5 and 6. Lots 11 through 16 and Lots 19 through 21 are accessed from Iron Mountain Drive, which is a 920' cul-de-sac extending south from Blooming Hills Drive. Lots 17 & 18 are accessed From lost Canyon Court, which is a 170' cul-de-sac extending west from Mountain Parkway. The maximum lot area proposed is 179,753 square feet, the minimum lot area is undetermined at this time, and the average proposed disturbance area for each lot is approximately 24,709.5 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 5 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. 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 EN 3 22.274 14 301,700 EN 4 26.548 14 306,000 EN 5 42.2 21 518,900 Totals: 540.004 266 6,043,000 Allowed: 415 9,420,500 Residual: 149 3,377,500 Average dist. for remaining lots: 22,667.78523 RECOMMENDATION: Staff recommends approval of S2002-39; Final Plat of "Parcel 5 at Eagles Nest", with the following stipulations: 1) The Town Council's approval of this plat is conditioned on the Town receiving written notification from the Arizona Department of Water Resources (ADWR) expressly stating one of the following: (1) ADWR has approved a modification of Chaparral City Water Company's (CCWC) designation of assured water supply that demonstrates a water supply sufficient to meet CCWC's current and committed demands, as well as this plat; or (2) ADWR has determined that the deficiencies in CCWC's designation as indicated in ADWR's letter of October 29, 2003 have been cured to the satisfaction of ADWR and that CCWC has demonstrated a sufficient water supply to meet the water demands associated with this plat. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) 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 Mountain Parkway, 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) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. 9) Revise the lot size for Lot 14 of the Final Plat, aka Lot Number 144 of the "Eagle's Nest Building Envelope Disturbance" lot size and disturbance allocation table, to maintain the required minimum 43,560 square feet. pia o cs �s � \�+, � �w�i► o �i-� c .• r O 0� ..... ..... .. V '3 .Y' l . T , E 6 PBA 1 3-- ` O�IyTAIN 3 � 0 0. a d ttit hat is P� The Town of Fountain Hills For Official Use Oniy COMMUNITY DEVELOPMENT DEPARTMENT I Case Manager: Fountain Hills, Arizona 77'APPLICATIOW..__�.:.. Area*Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME Mrs. Applicant: 7zel� U %-�:�2�"�% Day Phone �337 4666 Mr. Ms. Address: Mrs. Owner: Mr. Ms. Address: City: City: State: Zip: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below Mill st be completed. SIGNATURE OF OW DATE a f s 42w2, •4 I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of .20 Notary Public FILING DATE: `S �UZ FEE PAID: My Commission Expires 0 — ACCEPTED BY: - (See Fee Schedule) Application Page 2 of 7 Case Number �9LO-Z e(o80 — JLV-1d 'IVN1=l 0 e1.0-zze loev) S S '13�21Vd ° " m 45ZS8 ZV `3lVclsl-L 'NO NIIdSHNVI '3 ZZBS �+ x dlIONS NOIIVAONNI A3Auns m 1S3NS31JV3=raw tYR$S8so=ma'soY3�87RSme�3�E�RR6 `,�BnrYAY6 �56:o+R�ooR=��„soRYSRam9m8x5^^„'a; a '+S��o3.RLi �WSW.WSWWWW RRR:`osSR.nosR.3�o��:-�noY„RR ..........- WWWWWSWWWaWWW 5' m�r8433'nn$vmm�z�?�$g$n�$A`"n9�R� = ws,'�"g RR: iSzz:`:Fury=::S t�$�z Rso8E88688e�^�S^^�9_'RF�JJJRJrRRJpX�9tf E 133HS HO1VW CD M 030/n a a n s N n e mo-zzelosvl _ _ IVId IVN1J x os (or v 131r04�5 �a�s�"Nnouairnalzzgs uns 1S3N S3�Jd3"Z993S 1302Vd aw„ c " — " Ade_s ess� AR RSS �8888 aaa„ $�l'3f8 ssas �BGGs Na� qd'A� iMd$ ^8a8"_sRR".eR8RR89 a 8 � SF FF P xssGsxaeaaaszGssR 4Y s8RRIS mass -avass E MEMO w wwwwwwwry; " a5rRS �:87n `: n.�,r s G:z:: T.E22 as +�7RRSs9737Y2SSRrJ� "LO-ZZ6 coe>) _ _ ld1 d 1bN 1 A oaco-zz6 (oav) I� �./ Y m $ ; a vsZSU a ZV '31VUSJ-LOOa S 133b Y d 51 5 ~ 'aUndSMatll'3 ZZSS # _z 6 y dnOUD NOI1VAONN1 A3AUnS LS3N S31Jb3 s3 w kYmSm RR�R='�88a8m 3&gym ��smem�rR a MSr��a'nRrR"nmRn%N / Mp .tp�L�..✓✓ry ��+, YIl � f R rd573�1Jj5--ol zi///",� EF , W�U ��rR:�Rn,Sma ,✓S SQi � �n �8588888888 e m 4�8YR38R34� Q� � \\ RRaaa�RoRs K �gsnME BRnry �c \ \ N Y N 'Q M Y 0 0 p lea �Y Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:❑ Regular:® Meeting Date: 2/5/04 Contact Person: Denise Lacey, Planner 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: Concept Plan 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 Rey,ular Agenda Wording: CONSIDERATION of a CONCEPT PLAN for Wendell Motor Cars, located at 11855 N. Saguaro Boulevard, Suite A, aka Plat 205, Block 3, Lot 12, Case Number CP2003-14. Staff Recommendation: Approve with Stipulations Fiscal Impact: No Purpose of Item and Background Information: This is a request for approval of a Concept Plan to allow to automobile sales at 11855 Saguaro Boulevard, Suite A aka Plat 205, Block 3, Lot 12. Section 12.02, D, 7 allows new and used automobile sales and rental provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning & Zoning Commission and Town Council. List All Attachments as Follows: Staff Report Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: De artment H z5/9 ® Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: February 5, 2004 FR: Denise Lacey, Plann RE: Wendell Motor Cars Concept Plan. Case Number CP2003-14 This request is for approval of a concept site plan for Wendell Motor Cars to be located at 11855 North Saguaro Boulevard, Suite A aka Plat 205, Block 3, Lot 12. DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Jack Wendell Barbara & Nels Pederson (property) "C-3" Existing Commercial Building 15,750 square feet SURROUNDING LAND USES AND ZONING: NORTH: Multi Tenant Commercial Building Works); zoned "C-3" SOUTH: Saguaro Villa Condos; zoned "R-3" EAST: Ha Ha China Restaurant; zoned "C-3" WEST: La Piazza Restaurant; zoned "C-3" SUMMARY: (Midwest Flooring/Ftn Hills Music This is a request for approval of a Concept Plan to allow to automobile sales at 11855 Saguaro Boulevard, Suite A aka Plat 205, Block 3, Lot 12. Existing condition of site includes two multi tenant buildings with parking and minimal landscaping. Each existing building is approximately 1,520 square feet in size, one story. Both buildings house two businesses. Current uses are a Beauty Shop, Alteration Shop and State Farm Insurance. Each business utilizes one half of the provided building area. Required parking for this site is as follows: Use Calculation Method # of Spaces Required Beauty Stipp 2 spaces Wr service chair, 2 service chairs 4 Alteration Shop 760 sq ft; 1 space Mr 250 sq ft floor area 3.04 State Farm Insurance 760 sq. ft; 1 space per 250 sq ft floor area 3.04 Wendell Motor Cars 760 sq ft; 1 per 300 sq ft plus 1 per employee plus 2 for the first 10,000 sq ft or portion thereof 7 Total Required Includes rounding up to next parking sot 18 Wendell Motor Cars CP2003-14 20 parking spaces are provided. Signage for this proposed building is not a part of the concept plan and will be submitted and reviewed separately. Pedestrian and vehicular access to this site is from Saguaro Boulevard Frontage Road. EVALUATION: Section 12.02, D, 7 allows new and used automobile sales and rental provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning & Zoning Commission and Town Council. Adequate parking is available on site. However, parking lot needs to be resurfaced and striped. Staff feels that based upon parking analysis as shown above display vehicles should be limited to six. The application meets all other requirements of the Zoning Ordinance. The Planning & Zoning Commission reviewed this application at their December 11, 2003 meeting and recommended approval with stipulations as shown below. RECOMMENDATION: Staff recommends approval of the concept site plan CP2003-14, "Wendell Motor Cars" with the following stipulations: 1) Drive aisle may not be used for display or parking of vehicles. 2) Display of vehicles may not interfere with access to other businesses. 3) Number of display vehicles is limited to six. 4) Applicant must provide required improvements to parking area (striping, asphalt, etc.). Page 2 of 2 P, v_ = ch 0 z o Q C'V r LL C*-4 >L 0 3 O uu.waaoI Yr0 IOU'3SiM�1%.liwobjWWP :110W-G �'1l. 8998-LfH (OBt) •ol S4Bl-[fB (OBt) '• 99Z99 VNOZIyV 'S31IH NIV1Nf102 40Z 311oS '3AV M31ANMVd '3 °ILSt y- --� .0-n .1N3W3DVNVN T CNItl33N10N3 3_ A83 A EISIN`^ NV-1d 3115 aadn3�noa oadn9VS SSsll Z 101 i i1,7018 'SOZ lb'ld z o CRON SV- d ` rv210 f0�91-01 vro HtlV/WSN 3!!VO lIOlOW ll3aN3M 3 � j a W U � c� Z O OIV 0- 0- U J Z w z Z < w 3 0 L— au y�i .pp pSr � n n U y as W m- a o �„ a 1- �oW �sw -W T- OG) prva�� d 0 day a O :- eat o �y The Town of Fountain Hills Public Works Department Planning & Zoning Division CONCEPT PLAN/PRE-APLICATION NATURE OF TjIiE PROJECT: PROJECT NAME: LEGAL DESCRIPTION PROPERTY ADDRESS PARCEL SIZE (Acres) NUMBER OF UNITS PROPOSED EXISTING ZONING Applicant _Mrs. Ms. Address: caner Mrs, Mr. Ms. Do not write in this space - official use only Filing Date C5 3 Accepted By Case Manager Meeting Date C-P co 3 / _Plat Name >� Block so l` { ASSESSOR PARCEL NUMBER TRACTS Lot C�3 PROPOSED ZONING C 3 Day Phri5ir Q25� State/�6__ Zi Da P one' �t' State Zip If application is being submine y someone other than the owner of the property under consideration, the section below must be c ple d. SIGNATURE OF OWNER Date I HEREBY AUTHORIZE - f� a�� ,, TO FILE THIS APPLICATION. 4-'. ' Prease Print Subscribed and sworn before me this r day of Sip k 20y Y �� L, 1� OFFICIAL SEAL `17 tary Public IJ TANYA L. FERGUSON Notary Public - State of Arizona MARICOPA COUNTY My com. expires May 6, 200.5 Concept Plan -Pre -Application Application Forms.doc Page 2 of 3 Town of FOUNTAIN HILLS Public Works Department Planning & Zoning Division Concept Plan Acknowledgement Form Applicant Owner This document acknowledges and understands that Concept Plan approval constitutes only approval of the suitability of a lot for a type of use. Plans are submitted for Concept Plan approval to provide the Planning and Zoning Commission information upon which to base a determination of suitability of the use in the context of the community. T No approval is implied or intended for any specific placement of structures, ingress or egress points, grading or drainage plans, building design, style or height, or any other portion of the plan that is controlled by the building permit or special use permit process. Significant changes or projects with subsequent phases will require a separate review and approval Conce t Plan Acknowled eme — doc Date Date f� u;eIOIcIC1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 2/5/04 Contact Person: Tim Pickering Requesting Action:❑ Tvue 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: DISCUSSION 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: DISCUSSION with possible action regarding council member DECORUM. Staff Recommendation: Fiscal Impact: No Purpose of Item and Background Information: Vice Mayor Melendez, Councilmembers Kavanagh and Stevens requested that this item be placed on the agenda for discussion. List All Attachments as Follows: none Type(s) of Presentation: none Silznatures of Submittinp, Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) \\earth\sstein\agenda cover sheet\agenda cover sheet decorum.doc