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HomeMy WebLinkAbout2004.0401.TCRM.Packetr.. 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, APRIL 1, 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 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. • CAI IL" i*; Rbkjttm� q I L CAW mi6* Nich6l 1.) Pursuant to A.R.S. §38-431-03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: vft. Discussion or consultation with the attorneys of the public body in order to consider its position and E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 4-1-04.doc Page 1 of 3 Last printed 3/25/2004 4:50 PM 14 instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, Hansen vs. the Town of Fountain Hills lawsuit) 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Pastor Don Lawrence, Christ's Church • ROLL CALL — Mayor Nichols • MAYOR'S REPORT — Recognition of Eggstravaganza sponsors - The Goyenas The Mayor will read a Proclamation declaring April 14, 2004 to be "Get to Know Our Town" day. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(6), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 3/18/04. *2.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Lionsbridge Arizona located 16610 E. Laser Drive. The application is for a Class 4 license. *3.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by The Silver Stein located at 17030 Enterprise Drive. The application is for a Class 12 license. *4.) CONSIDERATION of RESOLUTION 2004-10 abandoning whatever right, title or interest the town has in the "Final Plat of Lot 20A", a lot join of lots 19 & 20, Bloc 3, Final Plat 423. Case #S2004-05. *5.) CONSIDERATION of a FINAL PLAT "Tall Palms Condominiums", a 2-unit condominium project located at 16665 East Bayfield Drive aka Plat 104, Block 1, Lot 6, Case number S200314. *6.) CONSIDERATION of entering into an AGREEMENT with Southwest Slurry Seal for street maintenance. 5 min *7.) CONSIDERATION of authorizing the Mayor to execute a SETTLEMENT AGREEMENT regarding the Hansen vs. the Town of Fountain Hills lawsuit. REGULAR AGENDA 8.) UPDATE on CODE ENFORCEMENT ACTIVITY by Planning and Zoning Administrator 15 min Molly Bosley. 10 ruin 9.) REPORT explaining the RESPONSIBILITIES AND GUIDELINES for the Civic Center Phase H Exterior Design and status of the project. 10.) CONSIDERATION of a PRELIMINARY PLAT for the Villas at Fountain Hills Resort to be located at the northeast corner of Palisades Boulevard ad Shea Boulevard aka Final Plat 20 min "Fountain Hills Resort", Lot 1, Case number S2003-15. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 4-1-04.doc Page 2 of 3 Last printed 3/25/2004 4:50 PM *#a 11.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths s min and weaknesses and discuss possible improvements for future meetings. 12.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the ' Council: A. NONE. 13.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 7:zs p.m 14.) ADJOURNMENT. DATED this 27 h day of March, 2004 Bevelyn J. Be der, T,9,Wn Clerk The Town of Fountain Hills endeavors to make all public meetings acce sible 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 Session 4-1-04.doc Page 3 of 3 Last printed 3/251"4 4:50 PM TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 1, 2004 Mayor Nichols called the meeting to order at 5:30 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.4 FOR DISCUSSION OR CONSIDERATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS IMPENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, HANSEN VS. THE TOWN OF FOUNTAIN HILLS LAWSUIT.) Councilwoman Stevens MOVED to convene the Executive Session and Councilwoman Ralphe SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:15 p.m. AGENDA ITEM #2 — RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Pastor Don Lawrence, roll call was taken. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilwoman Nicola, and Councilwoman Ralphe. Vice Mayor Melendez was not present at the meeting. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Director of Public Works Tom Ward, Planning & Zoning Administrator Molly Bosley, Planner Denise Lacey, Senior Planner Dana Burkhardt, and Executive Assistant Sue Stein were also present. MAYOR'S REPORT a. Recognition of Eggstravaganza Sponsors — The Goyenas Mayor Nichols presented a Certificate of Appreciation to the Goyena Team with MCO Realty in recognition of their valuable contribution to the Fountain Hills Parks & Recreation Department's Eggstravaganza, which will be held this Saturday, April 3, 2004. He noted that this is the second year they sponsored this event. The Mayor thanked them for their ongoing support for the Town of Fountain Hills. b. The Mayor will read a Proclamation declaring April 14, 2004 to be "Get to Know Our Town" Day. Mayor Nichols read a Proclamation into the record declaring April 14, 2004, "Get to Know Our Town" Day and said that the Town of Fountain Hills, functioning as a government by the people, was dependent upon informed thoughtful citizens for the formulation of its laws, the establishment of its policies and the election of its officers. The Mayor added that the Fountain Hills Civic Association, one of the first organizations formed in the Town in 1973, was committed to promoting activities that would preserve and enhance the civic, cultural, economic, environmental and social qualities of life within the Town. He noted that the Civic Association, in partnership with Fountain Hills' government, was sponsoring "Our Town," a six -session public information program designed to update long-time citizens on Town affairs, introduce new residents to Town government and provide all with the opportunity to get to know key staff people. He stated that the course would begin on Wednesday, April 14, 2004 and said it was his honor to declare that day "Get to Know Our Town" Day in Fountain Hills. EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 1 of 8 CALL TO THE PUBLIC: As there were no residents present to speak during the "Call to the Public," Mayor Nichols proceeded to the Consent Agenda. ' ' CONSENT AGENDA: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF 3/18/04. AGENDA ITEM #2 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY LIONSBRIDGE ARIZONA LOCATED AT 16610 E. LASER DRIVE. THE APPLICATION IS FOR A CLASS 4 LICENSE. AGENDA ITEM #3 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE APPLICATION IS FOR A CLASS 12 LICENSE. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2004-10 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE "FINAL PLAT OF LOT 20A," A LOT JOIN OF LOTS 19 & 20, BLOCK 3, FINAL PLAT 423. CASE #52004-05. AGENDA ITEM #5 — CONSIDERATION OF A FINAL PLAT "TALL PALMS CONDOMINIUMS," A 2- UNIT CONDOMINIUM PROTECT LOCATED AT 16665 EAST BAYFIELD DRIVE AKA PLAT 104, BLOCK 1, LOT 6, CASE #52003-14. AGENDA ITEM #6 — CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH SOUTHWEST SLURRY SEAL FOR STREET MAINTENANCE. �.► City Attorney Andrew McGuire discussed the following agenda item (#7) and said that part of the settlement agreement, as negotiated to date, included a joint press release. He said that information regarding the lawsuit would be released jointly after the agreement was executed. He added that although no information would be made available this evening, every effort would be made to execute the agreement and distribute the joint press release as quickly as possible. Mayor Nichols thanked Mr. McGuire for his input. AGENDA ITEM #7 — CONSIDERATION OF AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT REGARDING THE HANSEN VS. THE TOWN OF FOUNTAIN HILLS LAWSUIT. Councilwoman Stevens MOVED to approve the Consent Agenda as read and Councilman Archambault SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Stevens Aye Vice Mayor Melendez Absent Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Councilwoman Ralphe Aye Councilman Archambault Aye EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 2 of 8 The motion CARRIED UNANIMOUSLY by those present (6 to 0). AGENDA ITEM #8 — UPDATE ON CODE ENFORCEMENT ACTIVITY BY PLANNING AND ZONING ADMINISTRATOR MOLLY BOSLEY. Planning & Zoning Administrator Molly Bosley addressed the Council relative to this agenda item and said she intended to provide an overview of code enforcement activity that had occurred during the past eight months of the program. She stated that in July 2003, the Town Council approved retaining Wildan to establish an enforcement services program for the Town. She reported that Wildan's work ended on March 2601 and added that the update would also provide information on where staff hopes to go in the future. Ms. Bosley advised that one of the first things staff did with the establishment of the code enforcement program was to develop a concise Mission Statement and said it is to "humanistically promote and maintain standards that preserve and enhance the quality of life for all those who live, work and visit the Town of Fountain Hills." She emphasized the importance of utilizing a humanistic approach by concentrating on voluntary compliance and providing assistance in solving issues associated with code violations. She added that the code enforcement officers would work directly and individually (one-on-one) with the residents and businesses in Town to advise them when they were in violation of code enforcement regulations and help them to develop solutions. Ms. Bosley advised that over time, neighborhoods could deteriorate resulting in quality of life issues as well as presenting health and safety issues for residents, businesses and visitors to the Town. She referred to slides that depicted the positive impacts of code enforcement, which included a reduction of negative impact on neighborhoods; property values that were maintained; overall quality of life that was improved; fairness issues that were addressed (everyone should comply with the requirements); and the health and safety of residents and businesses was protected. Ms. Bosley reiterated that the proposed enforcement policy would utilize the humanistic approach; would inform violators and give them an opportunity to comply; would allow participation in the problem solving process and would provide public education to ensure that residents were aware of issues and Town codes and learned how *r they could be proactive in this area. Ms. Bosley reviewed program milestones and reported that two officers, Adrian Davis and Charlie Fleck, were chosen, trained and had successfully completed their probation period. She added that both officers were currently in the process of being certified by the American Association of Code Enforcement Officers, a difficult national certification process. She also advised that an in-depth Policy and Procedures Manual had been developed and implemented. She added that equipment and vehicles used by the Marshal's Department had been recycled. Officers were providing coverage one Saturday a month to address weekend violations and a preliminary automated record -keeping system had been developed. She informed the Council that to date minimal negative feedback had been received. Ms. Bosley highlighted a summary of violations and reported that over the eight -month period, staff had handled a total of 1,280 requests for service and of those, only six complaints were elevated to the level of reaching the Town Prosecutor's office. In over 99% of the cases, staff was able to obtain voluntary compliance. She referred to a graph and explained that the large volume of violations in March had to do with the Town's new sign regulations (A -frame and neon). Ms. Bosley listed a number of the common violations that were occurring, including yard parking, zoning violations, sign violations, business license violations, and public nuisance violations. She added that in 107 cases, staff determined that no violations existed. She explained that yard parking, the most common violation, consisted of parking a vehicle off of a paved driveway and/or storing boats, trailers, RV's etc. in front of a primary structure. She said that those items should be placed behind a six-foot wall. She stated that code enforcement assisted in the implementation of the Town's recently adopted sign regulations and reported that all businesses displaying portable and neon signs had been contacted. She noted that voluntary compliance was achieved with all of the businesses. She also discussed public information and commented on the development of a familiar icon, namely "Cactus Codey." She added that educational materials were also on the Town's website, on Channel 11, included in articles in the Compass Newsletter, were part of a newly developed code enforcement EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 3 of 8 pamphlet, and were discussed at neighborhood and neighborhood watch meetings. She added that staff also performed one-on-one courtesy inspections when requested to do so. Ms. Bosley said that in the future, in order to enhance the code enforcement program, staff would like to continue to forward requests for prosecution to the Town Prosecutor; expand the public information program; continue to provide on -going training to officers; continue their proactive approach and establish volunteer programs or events (i.e. neighborhood clean-up events). She informed the Council that one of the most frequent questions staff was asked was "how do they determine priorities for the violations received?" and said that there are three stages of priorities: 1) the most important dealing with health and safety issues; 2) complaints received directly from public agencies, the Town Manager, members of the Council and other department staff; and 3) non -safety type of issues that often arose. She thanked the Council for the support they had shown regarding the development of the program. Councilwoman Nicola asked whether there was code enforcement coverage in place for two Saturdays a month and Ms. Bosley responded that currently there was only coverage for one Saturday a month. Councilwoman Nicola asked whether that was working for the department and stated that she had received a number of calls and comments regarding signs and other violations that occurred over the weekends. She questioned whether the program would be expanded in the future. Ms. Bosley replied that at the current time she was not aware of any expansion plans but added that expansion could occur if warranted in the future. She commented on the various peaks and lows they were experiencing and stated that more garage sale signs were being erected now that spring was here. She said that staff would like direction from the Council as to whether additional weekend enforcement was necessary. In response to a question from Councilman Kavanagh relative to the one-on-one voluntary inspections, Ms. Bosley explained that those inspections were rare but occasionally citizens wanted to make sure that they were complying with the code or they were thinking of doing something and wanted to make sure it would not be a violation of the code. Councilman Kavanagh also commented on "transient shows" and asked whether staff routinely checked to see if they had business licenses. Ms. Bosley responded that when called for, the checks occurred and staff was attempting to make more events such as that a matter of routine. She added that business licenses had been a big priority for the code enforcement staff. Councilman Kavanagh questioned whether staff went to the shows, brought the proper forms with them to be filled out and collected the fees right on the spot. She responded that at the current time they did not and Councilman Kavanagh recommended that staff consider doing so. Mr. Pickering stated that what typically happened was that the business was advised that it needed a business license and they went to the Town Hall and to pay for it. He added that staff did not like to collect any payments "on the spot" and that was the reason why they send them to Town Hall. Councilman Kavanagh recommended that they record the names of those people who did not show up at Town Hall and pay the fee so that the next time they tried to set up their event in the Town, code enforcement could immediately shut them down. Mr. Pickering agreed with this suggestion. Councilman Kavanagh asked what a resident should do if they witnessed a violation and whether the name of the person who reported it was released. Ms. Bosley said their current policy was not to inform the violators that a complaint had been received directly against them. She added that they merely went to the site and advised the resident that they were in violation of the code. She stated that staff was attempting to separate and protect those residents who did call in complaints. She noted that some of the residents asked to be notified of the final outcome of their complaint calls and staff responded back to them on a personal basis. Mayor Nichols asked whether the consultants finished their work for the Town and Ms. Bosley responded that they had. He asked whether they determined that the two code enforcement officers were sufficient or if they recommended the hiring of an additional officer. Ms. Bosley said that they stated the opinion that two officers were sufficient for the current coverage provided in the Town. The Mayor commented on the previously mentioned code enforcement pamphlet and asked whether that was provided to new businesses when they applied EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 4 of 8 for business licenses. Ms. Bosley said she was not sure whether that was currently provided and indicated her intention to follow up on this excellent suggestion. Councilwoman Nicola noted that some communities performed an inspection before real estate transfers, when a sale occurred before escrow closed, and asked whether staff would recommend that that happen in the Town of Fountain Hills. Mr. Pickering responded that Councilwoman Nicola was basically talking about an occupancy permit program and stated that he highly recommended that the Town eventually get to that point. He added that what happened to towns that were built at approximately the same time was that after a ten-year period, they began to deteriorate at the same time and 30 years down the road, the Town's housing stock would be old. He said that they should look at implementing that program and when a change of ownership occurred, the Town should perform an inspection for a very minimal fee in an effort to ensure that the home was brought up to the current codes. He added that the code enforcement officers could be trained to carry out those duties but said that additional staff would probably be needed. Councilwoman Nicola said when they did look at that, and she hoped it was soon, she would also encourage staff to review the Town's pool fence ordinances. Mayor Nichols thanked Ms. Bosley for the update. AGENDA ITEM #9 — REPORT EXPLAINING THE RESPONSIBILITIES AND GUIDELINES FOR THE CIVIC CENTER PHASE II EXTERIOR DESIGN AND STATUS OF THE PROJECT. Mr. Pickering addressed the Council relative to this agenda item and said that he wanted to keep the Council updated on what had been happening with the Civic Center Phase II project. He stated that things had been rapidly moving along since the Council approved the contract with the architects and design -build team. He noted that the relationship between staff and those entities had gone extremely well to date and staff was impressed with the quality of work they laid out. He added that their schedule was on track and said he included a copy in the Council's packet. firw Mr. Pickering noted that over the next few months, the architects would draw up the plans for the building and by June they would provide the Town with a maximum cost figure to build the project. He added that once approved, actual construction would begin in approximately August 2004 with completion of the building by May 2005. He commented that staff has had discussions with the architects and many of the users, including Senior Services. He reported that last week they began their placement work and Senior Services said they might want to consider using the money that the Town was going to use to provide them space in the new building as well as grant funding to build their own separate building. He stated that the architects were asked to determine what the cost of such a building would be and that information was sent to Senior Services along with a letter explaining when grant funding would be required. He advised that unfortunately, due to the anticipated rapid construction process, the seniors felt that the best thing to do at the current time was to go into the building with Town staff. Mr. Pickering stated that this week they sat down with all of the departments including the seniors and the Maricopa County Sheriff's Office and laid out the tentative floor placement. He commented on the cooperation that existed between the various departments and said they were trying to keep the building around 30,000 to 31,000 square feet. He informed the Council that in May they would begin to see what the building might look like at a Council Workshop and their input would be solicited at that time. He noted that some of the Councilmembers volunteered their time to assist staff in the project, namely Councilmembers Archambault and Stevens, and thanked them for their offer. He added that he would also like to obtain some public input and involvement and was asking individuals who would like to assist in the initial stages of the exterior design of the building to come forward. He said that the building would obviously be a signature building and must be compatible with surrounding neighborhoods and facilities. Mr. Pickering advised that staff and the consultants were on schedule and staff planned to present the pricing to the Council in June. He said that after that time the actual contract to begin construction would be approved. EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 5 of 8 In response to a question from the Mayor, Mr. Pickering stated the opinion that it would be advantageous for the members of the Council to provide their input to Councilmembers Archambault and Stevens. Councilwoman Nicola asked whether it would be better to have the discussion at the same time rather than having individual conversations. Mr. Pickering explained that in order to remain on schedule they had to move fairly quickly. Councilwoman Nicola said she would be more comfortable if it was a public discussion or information was provided in writing to the same people, and the public as well, as the process progresses. Mr. Pickering said he believed the Mayor was suggesting that anyone with thoughts about the building could provide them to him, to staff, to the members of the Council but emphasized the importance of channeling that input through a group that was actually working on it. He added that the Council and the public would be involved in the process. Councilwoman Nicola asked whether a plan was being developed to utilize the Senior Center's allotted space once they built their own building. Mr. Pickering responded that it was not certain that they would move out in five years but said that if they did, they could easily convert their space into a permanent Council Chambers and the offices could be utilized as well. He confirmed that no timeline existed for the proposed move. Councilman Kavanagh asked whether it would be possible at the April 13t" Workshop to receive an update so that the entire Council could provide input. Mr. Pickering responded that it would be fine and said that they would also be discussing Proposition 202 and suggested that they spend a half hour on the project. Councilwoman Stevens commented that Mr. Pickering had requested that after every committee meeting that she send the rest of the Council an e-mail, or in some cases telephone them, in order to let them know what transpired at the meeting. She said they would be kept up to date as far as what she and Councilman Archambault were involved in. Councilwoman Nicola said that the information should be e-mailed to the Council's office e-mail addresses rather than their private numbers. AGENDA ITEM #10 — CONSIDERATION OF A PRELIMINARY PLAT FOR THE VILLAS AT FOUNTAIN HILLS RESORT TO BE LOCATED AT THE NORTHEAST CORNER OF PALISADES BOULEVARD AT SHEA BOULEVARD AKA FINAL PLAT "FOUNTAIN HILLS RESORT," LOT 1, CASE #52003-15. Planner Denise Lacey addressed the Council relative to this agenda item and said that this was a project everyone was waiting for with great anticipation. She explained that the project before them this evening was the subdivision of the condominiums that would be associated with the hotel and conference center. She noted that the plan had changed slightly from the previous plan, which was displayed on the screen and which was approved in conjunction with the General Plan Amendment and the rezoning. She displayed a slide depicting the new site plan but said it was not clearly readable so she would refer to the landscape plan instead to explain the changes. Ms. Lacey stated the opinion that the developers had worked very hard to provide a product that staff believed would be aesthetically pleasing. She commented on the cooperative effort that was expended by both the developer and residents of the Westridge subdivision located just to the north. She noted that the previous site plan showed a loop road to the outside as well as two inside loop roads and said that the current plan showed one loop road to the interior and several cul-de-sacs leading into clustered condominium communities. She added that they were looking at a total of 71 units and stated that a development agreement was in place for this particular project. She pointed out that the proposed preliminary plat included five-foot sidewalks through the entire development with pedestrian access to Palisades Boulevard to the north and to the south. The southern access off of Palisades Boulevard was meant to facilitate mostly residential traffic; it was not the main entrance into the resort. She explained that because of the number of units planned for the interior of the site, staff felt that a secondary access needed to be provided for the residents' use. Ms. Lacey reiterated that the northern access would provide the main access in and out with the round-abouts helping to break up the traffic. She commented that the Town Manager was pleased to see a round -about on any type of project within the Town. She noted that the individual units ranged in size from 1,617 square feet to `r.. approximately 2,691 square feet. Each unit would have a garage with most of them being two -car garages, and EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 6 of 8 buildings were meant to be at 30 feet in height from the natural topography. She commented that discussion had taken place regarding the actual setbacks to the rear lot lines and how they butted up to that. She said that in the development agreement, staff addressed this in part because in the one corner (the north east corner) a no -build easement existed and in order to provide that, staff had to move things down a little on the site, bringing things closer to the lot line. She informed the Council that the developer also owned the surrounding OSR and HPE and therefore was not butting up to another development that had the potential of having a 5-foot setback. She added that the developer had done a very good job of trying to keep those areas where he was only out 5 feet to a very small minimum and to meet the other setback, 30-feet, in a majority of the area. Ms. Lacey reported that there were some cut and fills that exceeded the Town's maximum 10-feet and added that this was addressed in the development agreement as well. She said that the other unusual circumstance that was supported by staff was that the main loop road providing the main circulation through the residential portion as at 24-feet instead of 26-feet. In conversation with the Town Engineer, staff determined that in keeping traffic calm in this area, and not making it apparent that it would be access for the resort, that they would go to a 24-foot driveway aisle instead of a 26-foot street. She pointed out that this was not a Town street and they were comfortable doing so. Ms. Lacey stated that staff and the Planning & Zoning Commission recommended approval of the preliminary plat, including a hillside preservation disturbance to allow the sanitary sewer to flow across Tract 8. She said this would be a disturbance of up to 4.25-acres of off -site land and permission to rough grade the hotel site concurrent with condominium site construction with Stipulations #1 through #11 as stated in the Staff Report. She advised that the applicant was present and would be happy to respond to any questions from the Council. Ms. Stein advised that there were no citizens wishing to speak at this time. Councilman Archambault MOVED and Councilman Kavanagh SECONDED a motion to support staffs recommendations relative to the approval of the Preliminary Plat for the Villas at Fountain Hills Resort, Case #S2003-15. �%w Councilwoman Stevens expressed concern relative to rough grading the entire site while only constructing the condominiums and asked whether the development agreement addressed the timeframe for the construction of the actual resort. Ms. Lacey responded that the agreement did in fact address that issue and said it stated that they would construct the hotel within 12 months of the final Certificate of Occupancy on the condominiums or they would be subject to significant fines. In response to a request for clarification, Mr. McGuire stated the opinion that he believed they were referring to the first condominium and added that the issuance of a building permit triggered the contribution for the open space. He said that once the project was underway there would be a strong incentive to complete it. Councilwoman Stevens commented that she was comfortable with that and just wanted to make sure that the area did not remain disturbed but undeveloped for a lengthy period of time. Ms. Lacey added that staff was requesting permission to rough grade but emphasized that all of the plans would be approved by the Engineering Department and any bonds that needed to be set forth would be required. She said staff has had lengthy discussions with the applicant about making certain that progress remained very active on that site. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #11 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. '*ft.. There were no comments other than on the fact that the meeting would end at an early time this evening. EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 7 of 8 AGENDA ITEM #12 — 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) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: There were no comments. AGENDA ITEM #14 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER: There were no requests. AGENDA ITEM #15 — ADJOURNMENT Councilwoman Stevens MOVED that the Council adjourn and Councilman Kavanagh SECONDED the motion, which CARRIED UNANIMOUSLY by those present (q0). The meeting adjourned at 7:15 p.m. TOWN OFEO-UNTAIN HILLS Bye/V Wary Ni ATTEST AND PEPARED BY: n, Bevelyn J. lyndV, Town Clerk CERTIFICATION `..' I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 1st day of April, 2004. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of April, 2004. ,'7 Bevelyn J. 06ndei< Town Clerk EABBender\Documents\Current Minutes 2004\Regular and Executive 04-01-04.doc Page 8 of 8 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: April 1, 2003 ContactPerson: Bender Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft Meeting Minutes Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording:' CONSIDERATION of approving the COUNCIL MEETING MINUTES of 3/18/04. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Approve the previous council meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes from 3/18/04. Type(s) of Presentation: None Signatures of Submitting Staff: �. .✓ram . Department H 4---�7 / p :z G� .7 Town Nirnager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[--] Meeting Date: 4/1/04 Contact Person: Tom Ward Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority __((:heck_�ropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by John L. K.outsulis for Lionsbridge Arizona located at 16610 E. Laser Drive, #7. The application is for a new Class 4 (wholesal,e) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval a new Class 4 (wholesale) liquor license. The application complies with statutory and liquor license regulations and it received a favorabl-- recommendation from the Maricopa County Sheriffs office based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full applicatiun is available for raview in the clerk's office. List All Attachments as Follows: Staff memo, Sgt. Siemens memo and application front page Type(s) of Presentation_ Consent Signatures of Submitting Staff: �4 Budget Review (if item not budgeted or exceeds budget amount) M TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: March 22, 2004 FR: Tom Ward Director of Public XWo: RE: Lionsbridge Arizona Liquor License Application John L. Koutsulis is requesting Council approval of a new Class 4 liquor license for Lionsbridge Arizona located at 11610 E. Laser Drive, #7. A Class 4 license is for wholesale only. Public Works and the Maricopa County Sheriffs Office have reviewed the application. It meets the statutory requirements for a Class 4 liquor license. Based on statutory compliance and a favorable recommendation from the Maricopa County Sheriffs Office, staff recommends approval. 99 Lionsbridge Arizona Liquor License Application 3-04.doc Page 1 of 1 on MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Town of Fountain Hills Subject: Liquor License Application: Lionsbridge Arizona Memorandum From: Sergeant C. D. Siemens Assistant District Commander District 7, Fountain Hills Date: 3/19/04 I have reviewed the Individual Application for a New License for Lionsbridge Arizona (wholesaler) that was made to the Arizona Department of Liquor Licenses and Control on March 5 of 2004 in accordance with ARS 4-202. I found no reason to contest this application. 5000-135 R10-93 (MW97 0.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 0 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 602 542-5141 ' 101 L U ' 6i-65 95 �,. APPLICATION FOR LIQUOR LICEN$F, ao _ r, P TYPE OR PRINT WTTH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Managers activeh involved in thi operations of the business must attend a Department approved liquor law training course or provide proof of attendance years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of inAe 1 t v� -/0 O,T ,C�zo/v ,3-z9-off 7c �-i-off ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.RO.S. Complete Section VNEW LICENSE Complete Sections 2, 3, 4, 13,14,15,16,17 INDIVIDUAL Complete Section ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11,13,15, 16,17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, l6, l7 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13,15, 16, 17 ❑ O i HER Explain SECTION 3 Type of license and fees: LICENSE #: 1. Type of License: 1 2. Total fees attached: a APPLICATION FEE AND WTERIM PERMIT FEES (IFAPPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) oECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent'sName: Ms. O U l S 0 �- �S --,Gt> LeVT'S (Inset one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: \ (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: t'"S C . `- 't— i r�, G �— A—�-T ao. (Exactly as it appears on the camor oofj prc ise�s) �` 4. Business Address: \ (0 1 O JCS i E �. yl' t �� i A l-�T j 1-S All �( i �S 2 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (G .� 0) Z S - 3 Residence Phone:( 6. is the business located within the incorporated limits of the above city or town? nM ONO 7. Mailing Address: �At�ti City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: S (Price of License ONLY) Accepted by: eh — Fees: Application Interim Permit Agent Change Club Lic DEPARTMENT USE ONLY Date F. Prints TZ 3 f 10 j ce� q , TOTAL PROCESSING APPLICATIONS TAKES APPROIOMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC— BEFORE FINIAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 o512oo3 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 4`��►� G �004 Tucson AZ 85701-1352 602 542-5141 Hl AIN I �l,t;uoR' Vz'g1i5i-6595 � ( I r�t,1T� cg14. APPLICATION FOR LIQUOR LICENSF� Aq _ 5 P Q* 5b TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, AD Owners, Agents, Partners, Stockholders, Officers, or Managers actively involved in th operations of the business must attend a Department approved liquor law training course or provide proof of attendance years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of m e i t v3'0 _W fQ> � .3-29-0` 7� 4—/-04 ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section iaNEW LICENSE Complete Sections 2, 3, 4, 13,14,15, 16,17 ra INDIVIDUAL Complete Section ElPERSON TRANSFER (Bars & Liquor Stores ONLY) PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4,11,13,15,16,17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4,12, 13, 15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TP? JST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4,10, 13, 15, 16, 17 ❑ O i HER Explain SECTION 3 Type of license and fees: LICENSE #: r � 1. Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ,ECTION 4 Applicant: (All ( applicants mVuust complete this section) 1 6�1 /� 1 J V HA 1. Applicant/Agent sName: Ms. ` ` O l S �' y L e-u ri (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc. or Articles of Org) 0. 2 3. Business Name: (Exactly as it appears on the exterior�o-�fj premises) 4. Business Address: , 1 L (�5 i E �. 7r- PJ i fI -� I j .Ls JI a(� Y� 2 11 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( 0) 22 , > Residence Phone: ( ) j L go 6. Is the business located within the incorporated limits of the above city or town? NYES ONO 7. Mailing Address: SAMti City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY D /� 3 1, 1 Accepted by: Date t� 19 � Lic. # (-J Fees:.. -- Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROA'IMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINIAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC0I00052003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. if you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. is the license currently in use? ❑ YES ❑ NO if no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION T S APPLICATION. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the license and location. State of County of X The foregoing instrument was acknowledged before me this My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. L Individual: Host First Middle /i, Chimed Residence Address City State Zip ELS��s Jrfl� ��s i��•� Cs�c �cd ���e�v,ti,�+��; Partnership Name: (Only the first partner listed will appear on license) General-Ltmited Last First Middle % Owned Residence Address City State Zip n n .� ❑ ❑ ❑ ❑ .� (ATI ACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES P NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address Citv State Zin Telenhone k L SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions I, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy ojArticles ojOr, �d Operation Agreemen Name of Corporation/L.L.C.: i t C' lj d n C E (Exactly as it annear% an Articles of Inc. or Articles of Om.) 2. Date Incorporated/Organized: 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: State wherisbt6Qate�Org ed:5 b Date authorized to do business in AZ: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ONO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address State (ATTACH ADDITIONAL SHEET IF NECESSARY'/ 7. List stockholders or controlling members owning 10% or more: // Last First Middle % Owned ResidencE Address Ciry State Zin (ATTACH ADDIFal SHEET IF NECESSARY) S. If the corporation/L.L.C. is owned by another entity, attach an oip, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to discloseople. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM 1. Name of Club: , AN -APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. (Exactly as it appears on CIVKCharter or Bylaws) Date Chartered: (Attach a copy of Club Charter or Bylaws)) 2. Is club non-profit? ❑ YES ❑ NO tax exempt, give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address Cin State ZIT) (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation/L.L.C. Name: 3. Current Business Name: 4. Current Business Address: Last (Exactly as it appears on license) (Exactly as it appears on license) 5. License Type: Lie en umber: 6. Current Mailing Address (other than business): First First LY). Middle t �n t— n Entity: (Ind d, Agent, etc.) Last Renewal Date: 7. Have all creditors, lien holders, ' terest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to ' application. ation. 9. I hereby relinquishAY rights to the above described license to the applicant named in this application and hereby declare that the statements made this section are true, correct and complete. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Pent full name) STOCK.H9LDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and D.14 (Signature of CURRENT LICENSEE) My commission expires on: MA State of County of The foregoing instrument was acknowledged before me this Day Month (Signature of NOTARY PUBLIC) Year SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. L`0�;0° �IC�E�aSF Current Business Name and Address: (Exactly as it appears on license) r �� 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? Number. Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: Name/Address of school: (Regardless of distance) 2. Distance to nearest church: Name/Address of church: (Regardless of distance) �614s- CALrA.I�l��S i-.I� zap gsZ� tiN AE-J I41:4 3. 1 am the: %LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: (o Co c7 S �JL 1b. t2 iL -F 4--!'y 4a. Monthly rental/lease rate S E;, What is the remaining length of the lease? Yrs mos. 4b. What is the penalty if the lease is not fulfilled? S �" " or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicatiffor this license/location excluding lease? S Does any one creditor represent more than 10% of that sum? ❑ YES DINO if yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address Ct State Zi (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) j ��S aL VL 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES qNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES gl�NO 9. is the premises currently licensed with a liquor license? ❑ YES Lr NO If yes, give license number and licensee's name: (License #) (Exactly as it appears on License) SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO if yes, give licensee's name: First Middle and license #: 2. if the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: Entrances/Exits qPLiquor storage areas Drive-in windows El Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. r 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored - Give the square footage or outside dimensions of the licensed premises. CD t DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC.r--- n N � Cn CT %off'` Via% 110 SQ -,� YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one 1 LM 2}u gJGt,i,'J 1Xtil�r, dins v�four proposed location. _ 5 ��b NT J-' hl S� 1/2 Lv (ATTACH ADDMONAL SHEET IF NECESSARY) A = Your business na�e and identify cross streets. h SECTION 17 Signature Block: declare that: ]) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGENT listed in Section 4 Question 1) this application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief; none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. State of County of X The fore ping instrument was acknowledged befor me s (Signature)N M� �4 �f� 7 Day __U '6 J*",Month Year My commission expires on: I O t�V PAI �1�141111# (Signature of NOTARY PUBLIC) REBA NEWBILL� NOTARY PUB! IC -- ARIZUNA LJ MARICOPA COUNTY NOTARY Expires November 4, 2007 --be — _ 0 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location.(See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 "� Mi. 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: N i '-� Mi . A. No retailers license shall be issued for any premises which are. at the B. time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). C. or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. 9 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 0 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QUESTION NAIW r qF (520) 628-6595n1A, y (' � I q 4ttention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to ,cal law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public viewi`0l; j; - 5 ` Rgad caFefylly. This instrument is a sworn document. e or print with black ink. An extensive Inyqt�attoh o v9ur background wille conducted. Ye or print lete answers could result in criminal prosecution and the denial or subsequent revocation of a I�nse or permit, TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a S29.00 processing fee for each fingerprint card submitted. an 7 A service fee of $25.00 will be charged for all dishonored checks (AJLS. 44.6852) �� J C 1. Check (Owner ❑Partner (Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions excepr # 14,14a & 25) box —010. Licensee or A ent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. Name: au Ts v T S j 0l� 1• &,)"r'S Date of Birth: I 1 / T / )l03 Last First Middle ('Phis Will Not Become a Part of Public Records) 3 . Social Security Number: 3 S 3 (,=) 2 l (Ck Drivers License #: 1K State: f'L (This Will Not Become a Part of Public Records) J 4. Place of Birth: 1 l, 1 S Ge- Height: Weight: Eyes: Hair: /�% _ City State COUntry (not county) j ) 5. Marital Status ❑ Single �iMarried ❑Divorced ❑ Widowed Residence (Home) Phone: 6. Name of Current or Most Recent Spouse: �C(TUTS `� 4.S .1 o "L e _ e eLA►'J1)0 Date of Birth: 2 G ¢ (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden You are a bona fide resident of what state? A932 0 0 4 If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 0 f Z) (b 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: `-_= z% Aj G �3 Q M,�- G-L' ^e- 2-& A Premises Phone: -00) 2-2S - 3� 11. Licensed Premises Address: Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business durine the oast five (5) vears. if unemnloved nart of the time. list those dates. List most recent 1st FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT �VqE S4tf5 '¢�+�£2 ,34 S. 94t_sT�, T 6a66j k/10 %I03 Fc A-j+..) CPS. .tH f T",9oLP,4 Cff� 6a6o, ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM MonthlYear TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet givinr name, address and phone number of landlord Citv State Zi `� a3 CURRENT 0 /-00? �, -!;Y C.4MoL F_ A-?- K&6 t7Z o j 0LJ,A1 Cf—b(j-JL 1, (a�LI� is xd iAL UlUI U4/LUW llrsabled individuals requiring special accommodations please call (602) 542-9U27 If you checked the Manager box on the front of this form side to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ®YES ❑NO the licensed premises ? If you answered YES, how many hrs/day?-_, answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) DYES §gNO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only OYES `PNO those that were alcohol and/or drue related 16. Have you EVER been convicted, fined posted bond, been ordered to deposit bail, imprisoned, had sentence DYES PNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES MO PENDING against you or AN'Y entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES ENO had a business, professional or liquor APPLICATIOA' OR LICENSE reiected, denied, revoked suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iudement against you in a civil action, the subject of which involved pyES eNO fraud or misrepresentation of a business, professional or liquor license? I-D i-- r� 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, 9Y1 S ONO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOU MUST attach a si,-ned statement pving-completed details. Please be sure to include dates, agencies involved and dispositions. n If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21T?�) and* to # 24 ivianager z!�ecnon Cr 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If `yes", how much? S per month. Total debt to licensee S 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If `yes", attach a copy of such agreement 24. I, J01N k TU t' � eJ L,SS , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have rygjTnNquestionnaire and the contents and all statements are true, correct and complete. X (Signature My commission expires on: OFFICIAL SEAL =GGIE SIFRIT - State of Arizona State of kZ County of The foregoing instrument was acknowledged before me this day of ,[A C -t- -Day Month Year of NOTARY FILL IN THIS SEFTMMXq ;drnL7�i�plOovAGENT al of Ma aPeROVING A MANAGER APPLICATION 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT day of D.Y Month Y� My commission expires on: Day Month Year (Signature of NOTARY 01"i 21 oz-,- •'�" °� r �� �- �� F-" The Secretary of State of _thi- United States of Am' erica � hereb requests all whom it may concern to permit the citizen/ tional of the United States t0 Yw G ithout delay- or'hindrance tan dineLcase of na, give all lawfiul ai4�gn; gate 5b fi s Le Secretaire d'Etat` des Stars -LT d'� mQrique c / eito/' / / / / de ♦ /ser . *w di lui ute ♦ / ' el protection i. ;Sl/ t !E OF BEXItERTSIGNATURE DU TITUILAIRE- NOT All ,� *! _may j % •y*�,.' • rYX IN -USE PLUMA TINTA NEGRA - FAVOR DE ESCRIBIR EN LETRA DE MOLDE CLARANIENTE <LINEA DE DOBLE ----------------- ----------------------------------------------------------------------------- .----------------------------------- -------------------- --------- LINEA DE DOBLE> Ift LEs usted ciudadano de los Estados Unidos de America? Sip Noo SOLO PARA EL USO DE LA OFICINA Jendra usted 18 anos de edad en o antes del dia de la eleccidn? Sio Noo Si usted marcd "no" a cualquiera de estas preguntas,, no complete este formulario. �Ha sido condenado de un delito grave? Si marca St, NO complete la solicitud de inscripcidn a mends que haya una restitucidn de sus derechos civiles. Apellido Primer Nombre Segundo Nombre Jr/Sr/III Direccidn particular donde usted vive (senales de casa, calle, numero de departamento/unidad; si no tiene direccidn particular, describa la ubicacidn de su domicilio empleando millas, intersecciones principales o marcas) No use apartado postal o direccidn de negocio. Si esta ubicado en una area rural dibuje un mapa abajo. Ciudad Condado Cddigo Postal Direccidn en la dual recibe su correspondencia si no la recibe en su domicilio Fecha de Nacimiento (Mes/Dia/Ano) Estado o Pais de Nacimiento NOm. de telefono Nombre de su padre o at nombre de soltera de su madre Especifique su Partido de Preferencia Ocupacidn El numero de licencia de manejar, el numero de identificacidn no de manejar, o las Oltimas 4 Num. de censo de cifras del numero de seguro social. (Vea el nuevo requisito de inscripcion mas arnba) Indio (Optional) �Esta usted inscrito para votar en otra direccidn? Si❑ No❑ No estoy seguro❑ Si su nombre ha cambiado desde la Oltima vez que se Si marca "si" o "no estoy seguro", indique su direction anterior, incluya el condado y el estado. inscribid, indique su nombre anterior. Declaractdn del Votante - At firmar abajo, juro o afirmo que to siguiente es verdadero: Si no tiene direccidn particular ➢ Soy CIUDADANO de Ios Estados Unidos dibuje el mapa aqui: ➢ Soy RESIDENTE del Estado de Arizona y del condado indicado arriba N ➢ Tendre 18 ANOS DE EDAD para el dia de la prdxima eleccidn general ➢ NO soy un CRIMINAL convicto, o mis derechos civiles se me han restablecido ➢ NO he sido juzgadodo INCOMPETENTE (Estatutos Revisados de Arizona §14-5101) ➢ Advertencia: Firmar una solicitud de inscripcion para votar falsa constituye un delito grave de categoria 6. 0 E FIRME AQUI FECHA Si no puede firmar esta inscripcion para votar, la inscripcion se puede completar bajo su direccidn. La persona que le ayuda tiene que firmar aqui. Firma de la persona ayudando: Fecha: c �Le gustaria trabajar en un centro electoral el dia de la election? Si ❑ No ❑ DESPEGUE LA CINTA ADHESIVA Y DOBLE PARA ENVIAR POR CORREO-------------- DESPEGUE LA CINTA ADHESIVA Y DOBLE OA€IA ENWAR POR CORREO> USE BLACK PEN - PLEASE PRINT CLEARLY n <Fold Line.....................................................................................................................----------------................................. ....... ...... Fold Line> Cn 1771 Are you a citizen of the United States of America? YesA No❑ BOX FOR OFFICE USE ONLY J Will you be 18 years of age on or before election day? Yesp No❑ If you checked "No" to either of these questions, do not complete this form. 04 0548572 Are you a convicted felon? If YES, do NOT complete this form unless your civil rights are restored. Last Name } First Name ( _ Middle Name JrJSrJlll Address where you live (house number, street, apt./unit number; if no street address, describe residence location using mileage, major cross streets or landmarks) Do not use post office box or business address. Draw a map below if located in rural area. Include apt. number/trailer space. City County Zip Address where you get your mail, if mail is not delivered to your home Birth Date (Month/Day/Year) State or Country of Birth Telephone number Father's name or mother's maiden name ^ Specify Party Preference Occupation Driver license no., nonoperating identification no., Qr last 4 digits of social Indian census no. (Optional) security no. (See new registration requirement above) Are you registered to vote at another address? Yes No ❑ Not Sure ❑ If your name was different the last time you registered, list former name List the former address, including county and state L N Jam.., r.� r -� tiIC ♦ ._,;�� T \— Voter Declaration - By signing below, I swear or affirm that the following is true: If no street address draw a map here: ➢ I am a CITIZEN of the United States N ➢ I am a RESIDENT of Arizona and the above named county ➢ I will be at least 18 YEARS OF AGE by the next general election ➢ I am NOT a convicted FELON, or my civil rights are restored ➢ I haveNClbeen adjudicated INCOMPETENT (A.R.S. § 14-5101) • Warning: E, ut1rlg-e-t2M€'idgicjration is a class 6 felony. I \ W E SIGN 1JERE, DATE S you are unable'tAgn the form, the form can be completed at your direction. The person who assisted you must sign here: "Signature of person assisting: Date: Will you be willing to work at a polling place on election day? Yes ❑ No <Remove tape and told to mail - _ _......... .................... -........... --- ........... ....--- ..... I ......... .--- -------- - Remove tape and fold to mail> ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL'GOVERNING BODY RECOMMENDATION PTY/TOWN OF Fountain Hills STATE APPLICATION NO. 040731 10 COUNTY OF Mari ARIZONA. 07VTOWN/1 TY)NO. 1 19 ORDER NO, At a rAgil1 a.r meeting of the Town Coucil of the Qh y/Town�Q (Regular or Special) (Governing Body) Of held on the 1st day of April 9nna the (Day of Month) (Month) (Year) Application of John Koutsulis for a license to sell spirituous liquors at the premises described in Application No. n 4 n 7 31 1 n , License Class # 4 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of John Koulsulis is hereby recommended for approval (approval/cjQ*�� a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a, Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. *&i�- TOWN/Q0WT)(CLERK 16yVvi'll'QL 1--0A Bevelyn ender DATED AT Fountain Hills This / day of April 2 o o 4 (Day of month) (Month) (Year) . Disabled individuals requiring special accommodations please call the Department lic 1007 08/1997 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 AFFIDAVIT OF POSTING 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 Date of Posting: -410 / 0 4 Date of Posting Removal: 3 / 2 9 / 0 4 Applicant Name: Koutsulis John Louis Last First Middle Business Address: 166210 E. Laser, #7 Fountain Hills, AZ 85268 Street city tip License #: 04073110 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Rvelyn J. Bender Print Name of City/County Official Town Clerk 480/8372003 Title Telephone # 4/1 /04 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 L 0119 O&7W3 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 , ,.� Ij� (520) 628-6595 [1�.J _ APPLICATIQ FDR LWMA-L5&ENSE TYPE OR PRINT WITH BLACK INK vnN� (." . Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: L TERIM PERMIT Complete Section 5 L11NEW LICENSE Complete Sections 2, 3, 4,13, 14, I5, 16,17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12,13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4,10,13, 15, 16, 17 SECTION 2 Type of ownership: ❑ J.T.W.RO.S. Complete Section 6 ❑ INDIVIDUAL Complete Section 6 ❑ �ARTNERSHIP Complete Section 6 EYCORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ��� ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 1. Type of License: �7 �.L�� �.f_ 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) +' /'� 1. Applicant/Agent'sNam Ms . (insert one name ONLY to appear on license Last i 2. Colp./Partnership/L.L.C.: First (bxacuy as it appears on Artrctes of inc. or Arttctes of vrg.) 3. Business Name: __,> 1 L- lii'- I \n s 2fz=' j�J 0 /og949 (Exactly as it appears on the exterior of premises) 4. Business Address: f zLS Middle -,1k �� (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (f) IS 7 Residence Phone: 6. Is the business located thin the incorporated limits of the above city or town? LPYEES ONO 7. Mailing Address: ©,� �. , / � O y / 7,9 O Z Ze 4j'W / �/%� /7 / � L S Al 9-5 i2 Z t City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: �� / Date � � � Lie. # / Fees: Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05i2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currentlyatthe location. �Z d 7 Z Z2-j 4. Is the license currently in use? E Y`ES El NO If no, how long has it been out of use? ATTACH T LICENSE C NTLY ISSUED AT THE LOCATION TO THIS APPLICATION. h Z; declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. ►:i (Signature) My commission expires on: SECTION 6 Individual or Partnership Owners: State of County of The foregoing instrument was acknowledged before me this Day Month (Signature ofNOTARY PUBLIC) Year EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Residence Address Partnership Name: (Only the first partner listed will appear on license) General -Limited Last First Miririle, °/ t)w M R—id— Arid — State n n ., ❑ ❑ % 0 0 ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address Citv State 2 N t#P-IV' - Z U U 4 6 ; I I A M I, Rosemary Barringer, the Landlord of tth%prWky$Xown as Rooney's, located at 17030 E. Enterprise DRIVE, Fo Wr in , AA,� 85268, agree to take James A. Rooney and James J. Rooney off the Lease dates March 1, 2003, Tenants James A. Rooney and James J. Rooney have agreed to allow the Landlord, Rosemary Barringer, to keep their $3,000.00 Security Deposit in lieu of back rent. Furthermore, Rosemary Barringer agrees to cancel Promissory Note for $105,000 being service by Arizona Escrow, Escrow #23-0634- ._ter DATED /THIS - ,/ ti,4 day of , 2004 mes J. Rooney v .7 Note Holder, Rose ry arringer James A. Rooney STATE OF ARIZONA COUNTY OF MARICOPA ACKNOWLEDGMENT Acknowledged before me this day of � , 2004, by Rosemary Barringer, Landlord and Note Holder. OFFICIAL SEAL FAY GRIDLEY Notary Public - Slate of Arizona -NOTARY MARICOPA COUNTY My corn. expires Jan. 1, 2005 2 STAYE O :i►l IZONA �65. COUNTti Of � MWOPR. n SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 91 CORPORATION Complete questions 1, 2, 3, S, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2,�4J,, 5, 6, 7 and attach copy ofArticles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: �4 L1 Al IX I /) / � d id y�/f Ti x A) t r, Sri r tF k e, (Exactly as it appears on Articles of Inc. or Aly¢lei aft) =' " '—' Q 2. Date Incorporated/Organized: /o - /9 /9 ?jam Stak�e,�(herg.IncppoTfeiorganized: Z L 3. AZ Corporation Commission File No.: ?/Z4 6 - 7 Date authorized to do business in AZ: 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ONO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address X'9 ,QQ ��A)/w ,t%,P rs �r i}'I/�f1 `/ n �,�f��'iI / 7�/�" K? t (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: tact Pi—t U;Amr a/ rl.. m P—i'i— AriAi 1 City State Zip �V11/ Ifs' 1)"1 , / -5 A S 'GCS Z L4 r �V� PE14•�-J� �� �! �It— �� !i % QSL v. % (ATTACH ADDITIONAL SHEET IF NECESSARY) S. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR 1. Name of Club: Date C (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit?/ O If tax exempt, give IRS mpt number: 3. List officer and directors: Last First Middle Title iden Address (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 (Attach a copy of Club Charter or Bylaws)) Citv State SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIOUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation/L.L.C. Name: 3. Current Business Name: 4. Current Business Address: 5. License Type: Last (Exactly as it appears on license) (Exactly as it appears on license) 6. Current Mailing Address (other than business): License Number: First Entity: Middle Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO (Indiv., Agent, etc.) 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. E.4 (Signature of CURRENT LICENSEE) My commission expires on: 4 State of County of The foregoing instrument was acknowledged before me this Day Month Year (Signature ofNOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: JI)istance to nearest school: ft. Name/Address of school: a 27Regardless of distance) 1 2.Distance to nearest church: �ft. Name/Address of church: _ t i�%� /1% � Ll LCIV (Regardless of distance) f / / �-,� yb 3. I am the: I —] LESSEE❑ SUBLESSEE Ly OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ 4b. What is the penalty if the lease is not fulfilled? $ What is the remaining length of the lease? or other Yrs mos. (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10% of that stun? ❑ YES ❑ NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for? (BE SPECIFIC) &E , 7 Has a license, r a transfer license for the premises on this application been denied by the state within the past one (1) year? ElES O YIf yes, attach explanation. ODoes any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES M_1�O vJ the premises currently licensed with a liquor license? L49 YES NO If yes, give license number and licensee's name: S (License #) 5 (Exactly as it appears on License) SECTION 14 Restaurant, or Hotel -Motel Applicants: -re a�validd restaurant or hotel -motel liquor license at the proposed location?I'S tld YES El NO If yes, give licensee's name: 12 �1 � 's � and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provide by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed , premises: (+/ Entrances/Exits LN" Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVI* QUARTERS, ETC. ma, \\V I YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C. SECTION 14 Restaurant, or 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: and.license #- Last Fwa Middle e, 3, OR L9C f 2. If the answer to Question 1 is YES, you may qualify for an Interim:Pernut to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of d4al#lic*iM L I M,4 S M tl 10-3 3. All restaurant applicants must complete a Restaurant 4. Do you understand that 40% of your annual gross SECTION 15 Diagram of Premises: (Blueprints 1. Check ALL boxes that apply to your licensed premises Department of Liquor. Entrances/Exits Liquor storage areas Drive-in windows Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date W 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. �+ CD 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or Fared - Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. _ .4 pq ot! si i�E � ®O O a o ® r O aL -Or j . O p p p v T;t / 77 77- 1 YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. I. SECTION 16 below the A i raphical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. of all churches, schools, and spirituous liquor outlets within a ope.half mile radius of your proposed location. 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. NT llei 4 'q / that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGENT listed in Section 4 Question 1) this application; 2)1 have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. �{ State of Ae�'--17qcounty of The foregoing tun b regoing instrument was acknowledged before me this (Signs OFFICIAL S � NOTARY A.ESPARZA � C`J� NOTARY PUBLIO-ARIZONA Day Month Year <71f'r MARICOPA COUMV My commission expires ^""'" ` °"� °" �' 200a (Sr afore ofNOTARY PUBLIC) SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location.(See example below) A = Applicant Series 12 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: N 1 '-z M i . A. No retailers license shall be issued for any premises which are. at the B. time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). C. or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. E:3 U W r/1 z w U z O t1Nn - 8 M M O N 1: 51 0 O N M M w U a a 00 N Q oW �a N zoo wx H '= O�CAz b � w •v ti G aaoo� 4 M w O N o M a N O� a w °° Q C4� N FF 00 F��I Q� M O�r,0 rr a ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ^' �400 W Congress #150 Phoenix AZ 85007-7&11;u l ��L`a�� w�?: Tucson AZ 85701-1352 (602) 542-5141 o p b i (520) 628-6595 . u,- RESTAURANT OPERATION PLAIN 1. List by Make. Model and Capacity of vour : Grill Oven j Freezer Refrigerator z� Sink Dish Washing Facilities Food Preparation Counter (Dimensions) Other 2. Print the name of your restaurant: .S Z , IF —Re S � / iz 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ �D b. Bar area of your premises [ + / % C. Total area of your premises [ > 5. What type of dinnerware and utensils are utilized within your restaurant? M- Reusable 07-""Disposable 6. Does your restaurant have a bar area that is distinct and separat$ from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). A Yes .S % 11 No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) 7s' % *Disabled individuals requiring special accommodations, please call the Department. Uc0114 05/1999 P FA 10 Does your restaurant contain any games or television? 2 Yes ❑ No If Yes, specify what types and how many of each type (Televisions, Pool tables, Video Games, Darts, etc). Do you have live entertainment or dancing? (If yes, what type and how often?) D-Yes ❑ No Use space below or attach a list of employee positions and their duties to fully staff your business. I -y hereby declare that I am the APPLICANT filing this application. I have (Pr n full name) read this application and the contents and all statements true, correct and complete. My commission expires on:: 9. ` 3 ( — O s OFFICIAL SEAL GAIL OLIPHANT i�latery Public -State of Arizona MARICOPA COUNTY My com. expires Aug. 31, 2005 State of County of The foamy omg instrument was acknow/ledged before s _—J f� day of Day o Month —� Month 7 Year (Signature o NOTARY PUBLIC) 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 , _ ^ r (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REOUIREI<TFQP TPOIF 0IRIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4-205.02(G). Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns ��r LIC1013 05/2003 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. §4-210(A)7 AND A.R.S. §4-205.02(G). A.R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. §4-205.02(G) For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, lint licensee name): &elk I Last First Middle have read and fully understand all aspects of this statement. State ofAelzo"C( County of �' � C� The foregoing instrument was acknowledged before me this (Signa o Licensee • n" �y of /_79a-1 `" Day Month a_oev Year The Silver Stein Restaurant 17030 Enterprise Drive, Fountain Hills - 1 ter.. 480-837-9934 a7w ,a ** Breakfast is served Monday through Saturday 1 �. 9 11 a.m. �. APPE.' F.ERS �E Basket of Fries 3.75 Onion Rings 4.50 Mushrooms 4.50 Zucchini 4.50 Combo Basket9.50 Wings (l dozen) 6.00 Soup de-jour cup 2.50 Soup de-jour bowl 3.25 Bowl of chili 3.50 (w/cheese and onions 4.00) SALADS Dinner salad 3.50 Mini chef salad 6.50 Chef salad/,,,'.50 Grilled chicken breast salad 7.95 Dressing choice:French,Ranch,ltalian, Blue Cheese, Thousand q4W HOUSE SPECIALTY Home of the Famous Stein Burger 1 /2 pound burger with fries 6.75 w/cheese 7.25 A4SANDWICHES4 All sandwiches served with chips rR a .r Fries w/ sandwich is 1.00 additional Grilled cheese 3.50 Fish sandwich 5.25' f Hamburger 5.00 Cheeseburger 5.50 Spanish burger 6.50 Ham sandwich 5.00 Ham & cheese 5.50 Roast beef 5.50 k Club 7.00 Cordon Bleu 6.75 Steak sandwich 6.85 Chili size 7.00 _Y Patty melt 5.95 Rueben 6.75 BLT 6.35 Turkey 5.50 Chicken breast 6.25 Coke, Diet Coke,Sprite 1.50 Iced tea, Hot tea 1.50 Milk 1.50 Coffee 1.50 Orange juice or grapefruit juice 1.95 Cocktails, Wine, and Cold Beer available On parties of 6 or more, a 20% gratuity will be added to check. All to go orders will be charged .50 extra. Ask about our daily luncheon specials 480-837-9934 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 7 C 00 �0 1 W 800 W Washington Sth Floor, ; 400 W Congress #150 Phocnix AZ 85007-2934 Tucson 8559-I352 (602)542-5141 (520) 628-6595 QUe,911QNNAIRE Attention all Local Governing Bodies: Social S Agtitik_arid'Biithdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checkksty but must be blocked to be unreadable prior to posting Read carefully. This lnsfrdiiient is a sworn document. Type or print with black ink. An extensive investigation of your background will be conducted. Fafse or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVE THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. �� Liquor License # Eff. 10/01/03 there is a $29.01) processing fee for each fingerprint card submitted. 40 A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 1� �r—tjCj J a.. r. 1. Check [Owner ElPartner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) box —, Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 v ! P �/J 2. Name: ate of Birth: c� 3 " T Last First �I Middle o (This Will Not Become a Part of Public Records) 3 . Social Security Number:, Drivers License #:i c� r4% State: (This Will Not Become a Part of Public Records) 4. Place of Birth: 1j,4t, L) &jWR it C� �j ,%itj © Height: �'-/�'iWeight: Eyes: Hair:_ City State Country (not county) 5. Marital Status ❑ Single ❑ Married ❑ Divorced idowed Residence (Ho m ) Phone: 6. Name of Current or Most Recent Spouse: Date of Birth: $�p (List all for last 5 years - Use additional sheet if necessary)' ) Last First Middle Maiden 7. You are a bona fide resident of what state? /% �r If Arizona, date of residency: ,Z �4 42Z 8 Telephone number to contact you during business hours for any questions regarding this document- 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Licensed Premises Address: Dist vnur emnlnvment nr tvne nfhi Premises Phone: (� uvi /"[f7Tt/u Girl durine the oast five (5) vears. if unemoloved part of the time, list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) CURRENT Dl[ L' % LLS 'j �� _ �� ✓ s 4 } _ il A $ ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. dicate your residence address for the last five (5) years: FROM TO R5ALRESIDENCE Str z�5 f;rlv Month/Year Month/Year Own eet Address If rented, attach additional sheet g-iving name address and phone number of landlord City State Zip CURRENT 5710 LI I visabled individuals requiring special accunwwuauuns pRcaac cau tovc) r. 7-7 6 If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the S [:]NO the licensed premises ? If you answered YES, how many hrs/day?/O , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) EKES [:]NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or --!! ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only 2 ES ❑NO those that were alcohol and/or drums related 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned had sentence P(`ES ❑NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑yES IO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES LINO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked suspended or fined in this or any other state? ss 19. Has anyone EVER filed suit or ohtained a judgment against you in a civil action, the subject of which involved ❑YES NNO fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, ❑YES IHNO or manager on any other liqor ulicense in this or any other state? If any answer to Questions 15 through 20 is "YES" YOU MUST attach a sinned statement giving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 ivianaaer aecnon 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) OYES []NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES [jfNO If "yes", how much? S per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 2 I, , ereby declare that I am the APPLICANT filing this questionnaire. (Print full name of icant) I have read this questionnaire an(y Oe contents and all state are true, correct and complete. State of r�/' County of X = The for g instrument was acknowledged before me t s of Applicant) OFFICIAL SEAL _day of �y GAIL OLIPHANT Nctary Public - Sta:Q of Arizona Day MO th Year MARICQPA COUNTY t3Me&TeXWe0SoWn1, Z, ( -5, i/0 y Month Year (Signature of NOTAAY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGEN,M Day Month Yw My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) 1 i i r { { 3 I s • . Food Service Worker OR Rose nun MAR Barringer Certified Food Service Manager 2 Environmental Health Expires: 06-17-0.5 Rose Barringer MENTIONS ET RESTRICTIONS ENDORSEMENTS AND LIMITATIONS rtestvalablepour toustespays, conformer run This passport is valid for all countries unless otherwise Cepassepo endorsed (subject to any visa or other entry regulations of fofrr alitris dLenV�e des Pay sou ilal ntention de se rend e ) countries to be visited). — — — N� I WE �6�,��>>1� ft y sak �4o�M (Signature of-- F E PASSPORT PASSEPORT TYpe/TYPe ISSUO a try/Pays A0"e�ur Passport No.IN° de PasseP VH351845 F CA —t Surname iNom BARRINGER Given names/PrAnome ARY�L ROSE t� Hpl A Nafionalltyl tA` ADIENot e tf CANA Date of birth%LeOe 4 4 y 30 de naissancs sax/Sax I t B U R 6 C 1,0 F Q l ;p gq�@ylbau de d6livrance Date of issue/Date � CT 99 E{ U L I 01 OCT f A Date Of ezpvy/Dale d ezpi olom 01 OCT j Qj-T'— (Y4 I Man <CANBA � iNCFR<<ROS-Eff— Y<ELIZABETH««< 4< 4< 518 4 5 4 4 0 3 3 dbf 9141--DD•14 ««««« « TiQ ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 27461 800 W Washington 5th Floor ' 400 W Congress #150 Phoenix AZ 85007-29341, Tucson AZ 85701-1352 (602) 542-5141 LlGijrji U (520) 628-6595 ,I^ g P 4: 52 CERTIFICATION 01`1` zM�LETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLCQC NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. I C:�_ZZZZ©9 Date Training Completed r Individual Name (Pnn re TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE X YES ❑ NO BASIC ❑ YES ® NO MANAGEMENT ❑ YES ® NO BOTH IF TRAINEE IS EMPLOYED BY A LICENSEE: S,Z.�2C Ss _ 2/l K YES ❑ No ON SALE X YES ❑ NO OFF SALE ❑ YES ❑ NO OTHER NAME OF THE LICENSEE bUSINtbb NAMt LIUUUK LIUtNJt NUMtStK ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Arizona Business Council for Alcohol Education (ABC) Company or Individual Name 500 East Thomas Road #100 Address Phoenix, Arizona 85012 (602) 285-1396 City State . Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn rainer Name (Print Signature O222-c>9 to give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The persons) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uC 1021 1012001 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,J _ Tucson AZ 85701-1352 800 a Washington Floor 400 W Congress #150 ....�' Phoenix AZ 85007-7-2934 - (602) 542-5141 QUESTIONNAIRE (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of baq�� trfd t{e��ys grjlly ut must be blocked to be unreadable prior to posting any public view. Read carefully. This instrument In n yppe or print with black ink. An extensive investigation of your backs pjp m�Iill Fcdrrbudteafse or incomplete answers could result in criminal prosecution and t de i'[ or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVE BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. 5/ Liquor License # Eff. 10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. 1D A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) /�1' 1. Check ❑Owner ❑Partner ❑Stockholder ❑Member NOfficer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-29 & 24) (Complete All Questions ezce t # 14, 14a & 25) box —+- Licensee or Anent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: _ go H tLe dL } E:, � } A iL�J E y Date of Birth: 6 /30 / 6 4 Last First Middle I (This Will Not Become Part of Public Records) Social Security Number: sai - 7 S - IS 9�3 Drivers License #: 31(3 a01 `i Q State: 14Z (This Will Not Become a Part of Public Records) Place of Birth: 1 i �� So.��7`�4 Dr i,TA&'O Cn r444N Height: 5' 1 Weight: p1+5 Eyes: 69,4 •Hair: & J; City State Cohn" (not county) 5. Marital Status ❑ Single Married ❑ Divorceri d ❑ Widowed /1 Residence (Home) Phone: ( %0 ) ©LSO 6. Name of Current or Most Recent Spouse: Ro"trt�2..F-P- Cc) S>a?AF- W%k Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? 1`` f\ i ZC--3 /�+ If Arizona, date of residency: 10-1 8 Telephone number to contact you during business hours for any questions regarding this document. N50 AS O - A 5 � � 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: 11 Premises Phone: LSD 8 3-7 11. Licensed Premises Address: 1? C'30 �r t.>_�tt. L� �2 1-�A . {t .i 5 VYlii,�, �c Q.} Ta 2 Street Address (Do not use PO Box #) City County Zip 1Ll "st your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1sL FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT E C A+nl C, C' c x . `i 19 I c a 2 ii9r hFr�� �:�,�,p, �p��. i T �a,as �,� �s ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vour residence address for the last five (5) years: FROM Month/Yew TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet givingname, address and hone number of landlord City State Zip 3/� CURRENT � 91 - %yatt.to ,t1. 17.1JE2-4 c,'b2; FJW �:05 tZ Siz 7 9S 33 of �J l't 20(, n!. S, l+: v ��e , / ,J r ;116 4z 8-5-2 L rTITFMP70 Disabled individuals requiring special accommodations please call - W, Is .1�s If you checked the Manager .3ox on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑YES MO the licensed premises ? If you answered YES, how many hrs/day?_2:�, answer #14a below. If NO, skip to # 15. 14a. Have you attended a Department approved Liquor Law T raining Course within the last 5 years? (Must provide proof) []YES TN'O If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15 ave you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only 4i'ES 59NO those that were alcohol and/or drug related 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned had sentence DYES N�q0 suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or []YES summonses PENDING against you or ANY entity in which you are now involved? (CIO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked suspended or OYES �9N0 fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iudL-ment aeainst you in a civil action, the subject of which involved OYES 6NO fraud or misrepresentation of business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, 'YES or manager on any other liquor license in this or any other state? ONO If any answer to Questions 15 through 20 is "YES" YOUMUST attach a sinned statement giving complete details.Please be sure to include dates agencies involved and dispositions If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? S per month. Total debt to licensee S 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, �Ei�'r 4 awt , (Z DGttILF o' , hereby declare that I am the APPLICANT filing this questionnaire. (Print full nanle of Applicant) I have read this q tionnaire the contents and all statements are true, correct and complete. to of � R (7_R )p-County of M At4Z ( G()1'fi X OFFICIAL SEAL The foregoing instrument was acknowledged before me this gnaturoofApp UAILOLIPHANT Public Notary Public - State of Arizona IIDD day Of MARICOPA COUNTY My com. expires Aug. 31, 2005 DaX + Month Year My commission expires on: 3 j — P U-0 — C,,Z 6 Day Month' Year (Signature ofN4I7ARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature ofLICENSEE/AGEIM pay I M—th Year My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) 21004 MAR -8 P !: 52 ��z� vaw 6 _ • , ram` - { NuSIvJl X. -770! 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 400 W Congress #150 800 W Washington 5th Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520) 628-6595 (602) 542-5141 6 AFFIDAVIT OF POSTING Date of Posting: Marc 4 12, 2004 Applicant Barringer Rosemary Name: Last Date of Posting Removal: Apr; 1 n, 2 n n d First Middle $ilSirieSS Address' Silver Stein 17030 Enterprize Dr. Fountain Hills AZ 85268 Street City Zip License #: 12075804 low I hereby certify that pursuant to A.R.S. j 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bev Bender Print Name of City/County official Title Town Clerk 837-2003 Telephone # Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 U.0119 03l1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 - (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION QtTY TOWN OF Fountain Hills COUNTY OF Maricopa , STATE APPLICATION NO. 12075 804 ARIZONA. XYTYFFOWN/9=I?ITXdO At a Regular meeting of the Town council (Regular or(Governing Body) of theNjITown/D0(x1)( Fountain Hills held on the 12 day of March 20 04 the (Day of Month) (Month) (Year) Application of Barringer Rosemary for a license to sell spirituous liquors at the premises described in Application No. 12 0 7 5 8 0 4 considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for approval License Class # was (approvalA MWMI) Barringer Rosemary a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a. Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. Bev Bender (3RW TOWN/(30T_K Y CLERK DATED AT Fountain Hills This _ f day oc /� 2004 (Day of month) (Monti,) (Year) . Disabled individuals requiring special accommodations please call the Department 6c 1007 Oa/1997 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular: ❑ Meeting Date: 4/1/04 Contact Person: Tom Ward Requesting Action:® Tvue of Document Needing Approval (Check all that apply): ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: 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 the liquor license application submitted by Rosemary E. Barringer for The Silver Stein located at 17030 E. Enterprise Drive. The application is for a. new Class 12 (restaurant; license. Staff Recommendation: Approve Fiscal Impact: No S Purpose of Item and Background Information: To obtain Council approval a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Maricopa County Sheriffs office based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included tof representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo, Sgt. Siemens memo and application front page Type(s) of Presentation: Consent Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: March 22, 2004 FR: Tom Ward Director of Public Work a4 RE: Silver Stein Liquor License Application Rosemary E. Barringer is requesting Council approval of a new Class 12 liquor license for The Silver Stein located at 17030 E. Enterprise Drive. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Maricopa County Sheriffs Office have reviewed the application. It meets the. statutory requirements for a Class 12 liquor license. Based on statutory compliance and a favorable recommendation from the Maricopa County Sheriffs Office, staff recommends approval. sir.• bb Silver Stein Liquor License Application 3-04.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Town of Fountain Hills Subject: Liquor License Application: Silver Stein Restaurant Sheriff Memorandum From: Sergeant C. D. Siemens Assistant District Commander District 7, Fountain Hills Date: 3/19/04 I have reviewed the Corporate Application for an Interim Permit and New License for the Silver Stein Restaurant that was made to the Arizona Department of Liquor Licenses and Control on March 8 of 2004 in accordance with ARS 4-202. 1 found no reason to contest this application. 5000-135 R10-93 (MW97 0.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ' 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 Ll�i „E►ISE (520) 628-6595 APPLICATI2,FgPDAIRENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: L TERIM PERMIT Complete Section 5 LiSNEW LICENSE Complete Sections 2, 3, 4,13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12,13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2. 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: LICENSE #: SECTION 2 Type of ownership: ❑ J.T.W.R.O.S. Complete Section 6 ❑ INDIVIDUAL Complete Section 6 ❑, PARTNERSHIP Complete Section 6 lN'CORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 l �� ��--bi/ ❑ OTHER Explain 1. Type of License: �� Z! Q42 a 2. Total fees attached: $ �d D� APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) V / e-z 1. Applicant/Agent'sNam< (Insert one name ONLY to appear on license Last 2. Corp./Partnership/L.L.C.: g1i1 First Middle (Exactly as it appears on Articles of Inc. or Articles of Org/.), 3. Business Name: (Exactly as it appears on the exterior of premises) n � p >/ � l 4. Business Address: L�� 3� �fL%%�/� /2� �/� o y/��.�%% /7i�L S �� J l D O4 g �.Z b (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: O 7 �19-�:`;? �y Residence .,Phone: ( ) 9� -% 6. Is the business located thin the incorporated limits of the above city or town? LL:fYES ❑NO 7. Mailing Address: i. Z O y 1 7/ O,7- Ae e/x/ L S AP x J 8. Enter the amount paid for a 06, 07, or 09 license: City State (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: Date Lic. # °2 o / Fees: (- `�Uy $ L Application Interim Permit Agent Change Club F. Prints TOTAL Zip rRUCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WA► ING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:® Regular:❑ Meeting Date: 04/01/04 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: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the PRELIMINARY AND FINAL PLAT for "Tall Palms Condominiums", a 2-unit condominium project., aka 16665 East Bayfield Drive aka Plat 104, Block 1, Lot 6. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for approval of the Preliminary Plat "Tall Palms Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The applicant is requesting approval of a two (2)-unit condominium project (built in 1984) in a R-2 zoning district. The two -unit complex is currently under the sole ownership of Milestone Home Renovations LLC. Lot coverage is 35.6%; allowed lot coverage is 50%. Project density is 5,200 square feet per dwelling unit; required density is 4,000 square feet per dwelling unit. Each unit accommodates parking with a two -car garage. Trash pick up is individual. List All Attachments as Follows: Staff Report, Plat Maps Type(s) of Presentation: Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor and Town Council DT: March 19, 2004 FR: Denise Lacey, Planner RE: Preliminary/Final Plat for the "Tall Palm Condominiums". Case # S2003-14 LOCATION: 16665 East Bayfield Drive aka Plat 104, Block 1, Lot 6. REQUEST: Consideration of the Preliminary/Final Plat for "Tall Palms Condominiums", a 2-unit condominium project. PROJECT MANAGER: Denise Lacey, Planner DESCRIPTION: OWNER: Milestone Home Renovations LLC APPLICANT: Paul Wright, Milestone Home Renovations LLC EXISTING ZONING: "R-2" EXISTING CONDITION: Developed and occupied LOT SIZE: 10,400 sq. ft. or .24 acres SURROUNDING LAND USES AND ZONING: NORTH: Single-family Residence; zoned "R-2" SOUTH: Single-family Residence; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Single-family Residence; zoned "R-2" SUMMARY: This re uest is for approval of the Preliminary Plat "Tall Palms Condominiums" Declaration of q Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The applicant is requesting approval of a two (2)-unit condominium project (built in 1984) in a R-2 zoning district. The two -unit complex is currently under the sole ownership of Milestone Home Renovations LLC. Lot coverage is 35.6%; allowed lot coverage is 50%. Project density is 5,200 square feet per dwelling unit; required density is 4,000 square feet per dwelling unit. Each unit accommodates parking with a two -car garage. Trash pick up is individual. EVALUATION: The application conforms to the TOFH Zoning Ordinance requirements for limited multi -family housing; including, setbacks, lot coverage, open space, and parking. The Planning & Zoning Commission reviewed this request at their December 11, 2003 meeting and voted unanimously to recommend approval. ``W Tall Palms Condominiums S2003-14 RECOMMENDATION: Staff recommends approval of S2003-14; Preliminary and Final Plats for "Tall Palms Condominiums" with the following stipulations: 1) 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. 2) 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' issuance of the written notice as described in (8) (i) or (8)(ii) above." Page 2 of 2 r �Aawee�frf�+vfe.a :. efe samr�ow t 11 QP AAika" rP[-r a eg" •AiR k q k . > SE,i a E r; ¢� 2q a� bi § j!g " �• RR. >8is R 2 de g Bey ' x Res 6 F 35 �yjk!� cc N pq ago R g.�y a�a� kgwz k 8 G' �� K� � E��$■■■¢ ' pt ;x^ r5gfy��@9 � 4`6ak 6' ^�5 P tEX�s•_ J f 4 I 0 Tr 0 4'=�s0� O' m Flr� > 3 A R o a� \ 1 O � j4....I 5 eq%gX Ii�F p a �7; .. ie�.R R a.IG1� to L..J y� O x�aq�. ffi! v+Q A4�p -•Ftn 6+ Y R q §� RgfM Oat! a 4f Dil tj Fc� i n!X ZF i RG gg�g Qp��.�klc T R.. X $ M❑NTG❑MERY - - - - WRIGHT RESIDENCE KSM AR� L , ;, .a � ------- 5 „ - + ENGINEERING i MANAGEMENT, L 1.-G. — --- y PLAT 104, BLOCK 1, LOT 6 UP_M .'L 'U,--.b E. PARK\7F_W AVE.-!I' 2l _Lr FOUNTAIN HILLS. ARIZONA 8528u a ,.� VOTED (480)E37-1 fn, 68 Inm 480) 837-66 -. 1RFF.� Fn, Yc,F RiVF I_n n , 1 C,_G' CC^:n�f nd41! `. a -moils d845 srvI ow--, e m� w o W.W. m t 0 r 34.15' i Z L 5.50' � ISi 43.83' C 15.2 __ -501 u 5.50 �n Im LII`I— $ n y O WRIGHT RESIDENCE c T Ijxao� e• uourw"rnv MONMOMEW i EN9MlEIIMO i 1L V,!"* 1RpT, Ll C. 16716 E. PARKA EW AVE. .,L.TE 204 FOUNTAIN HILLS, ARIZONA R5268 c�o"[anc a ��"amrz"*, ��.c. . , Ksnl aRH 9_19_2�3 — — — PLAT 104, BLOCK 1, LOT 6 AS N'TFD Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/1/04 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ® Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority '(Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance. ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of entering into an AGREEMENT with Southwest Slurry Seal for street maintenance. Staff Recommendation: Approve Fiscal Impact: Yes $364,000 Purpose of Item and Background Information: After a competitive bidding process, the City of Chandler entered into a contract with Southwest Slurry Seal to provide asphalt emulsion slurry seal and Microsurfacing. Under State Law, the town is permitted to purchase slurry seal under the Chandler contract without further public bidding. By utilizing the Chandler contract, there would be a significant savings to the Town if approved. List All Attachments as Follows: Staff memo, Purchase Agreement, Chandler Contract (Exhibit A, Letter of Agreement (Exhibit B) and a Project Map Tvpe(s) of Presentation: None Signatures of Submitting Staff: "O�/ D Xaurtment"IHjeu�" 3� �Q Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: March 24, 2004 FR: ThomasXWard, Director of Public Works RE: Purchasing Agreement to Southwest Slurry Seal, Inc. After a competitive bidding process, the City of Chandler entered into a contract with Southwest Slurry Seal to provide asphalt emulsion slurry seal and microsurfacing. Under State Law, the town is permitted to purchase slurry seal under the Chandler contract without further public bidding. By utilizing the Chandler contract, there would be an approximate savings of $48,000 to the Town if approved. A copy of the Chandler contract (Exhibit A) and an agreement letter from Southwest Slurry Seal (Exhibit B) is attached along with a signed purchase agreement. Staff recommends approval of the purchase agreement. E:\Bids\Slurry Seal Agreement.doc Mar.24. 1.004 12:23PM SOUTHWEST SLURRY SEAL No.6075 P. ? PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOU71*11WEST SLURRY SEAL, INC. THIS PURCHASE AGREEMENT for asphalt emulsion slurry seal and microsurfacing (this "Agreement") is entered into as of March 24, 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Southwest Slurry Seal, Inc., an. Arizona corporation (the "Contractor"). RECITALS A. After a competitive bidding process, the City of Chandler, Arizona ("Chandler"), entered into contract No. ST1-0161-173 with the Contractor to provide asphalt emulsion slurry seal and microsurfacing (collectively, "Slurry Seal") for a reduced cost to Chandler (the "Chandler Contract"), attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted by State Law to purchase Slurry Seal under the Chandler Contract without further public bidding. C. The Town desires to purchase the Slurry Seal wader the Chandler Contract for a lower cost than would othemise be available. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the covenants and promises contained herein, the parties hereby agree as follows: 1. Contractor shall under provide Slurry Seal to the Town under the terms and conditions of the Chandler Contract on an as -needed basis. 2. The Town shall pay Contractor a price not to exceed (i) 58.96 per ton for Type II Dry Aggregate Slurry Seal, (ii) $165.00 per ton for EmulsionipMQS-h, (iii) $76.06 per ton for Type III Dry Aggregate Microsurfacing and (iv) $215.00 per ton for Emulsion/CSS-lh, as more particularly set forth. in Exhibit B, attacbed hereto and incorporated by reference. 3. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGE] Slam Seal Purchm Agre-L Page I of 2 Mar.24. 2004 12:23PM SOUTHWEST SLURRY SEAL No.6075 P. 3 EXECUTED on the date first written above. `�••- TOWN OF FOUNTAIN HILLS, an Anzona�lpa1 corporatior> By: 2av, Timothy G. Pickerina. Town ananr ATTEST: Bevelyn J. B der, own Clerk SOUTHWEST SLURRY SEAL, INC.; an Arizona corporation By: Name: Richard Francis, Vice President Title: Slurry Seal Purchase Agreement Page 2 of 2 EXHIBIT A CITY OF CHANDLEi CHANDLER, ARIZONA � fA 0 �11* MWNOTICE OF INVITATION FOR BIDS Chandler • Arizona Wass Wlua Drake The D1/ermce BID INVITATION NO.: ST1-0161-1732 BID DUE DATE AND TIME: January 18, 2001 - 3:30 P.M./M.S.T. LOCATION: Purchasing and Material Division 249 East Chicago Street Chandler, Arizona 85225 MAILING ADDRESS: Mail Stop 901 PO Box 4008 Chandler AZ 85244-4008 Sealed bids for the commodity or service specified will be received by the Purchasing and Material Division, City of Chandler, 249 East Chicago Street, Chandler, Arizona 85225, until the time and date cited above. Bids received by the correct time and date will be opened publicly and read aloud at the Purchasing and Material Division Office. Bids must be in the actual possession of the Purchasing and Material Division Office and stamped by a member of the Purchasing and Material Division staff on or prior to the exact time and date indicated above. Late bids, bids with insufficient postage, and bids which are not signed in the appropriate place in the Bidder's Offer Section will not be considered under any circumstances. Bids must be submitted in a sealed envelope with the bid invitation number and the Bidder's name and address clearly indicated on the envelope. All bid offers must be completed in ink or typewritten. Additional instructions for preparing your bid are provided on the following pages. Commodity and/or Service Asphalt Emulsion Slurry Seal/Micro Surface Contract Type and Period Sealed Bid NOTE: There will be a pre -bid conference at the Purchasing Conference Room, 249 E. Chicago Street, Chandler AZ on January 4, 2001 at 10:00 A.M./M.S.T. All questions regardinq this bid should be referred to the Purchasinq Office: phone (480) 782-2400. Purchasing Office Phone (480) 782-2400 Date December 15, 2000 Tom N rth, CP 71 Buyer THIS BID IS OFFERED BY: Name of Company SOUTHWEST SLURRY SEAL INC Street or P.O. Box 2110 W SHANGRI LA ROAD City, State and Zip Code PHOENIX AZ 85029 f:shared/bid/asphalt.bidOl .doc BID, PERFORMANCE AND PAYMENT BONDS a. Each bid must be accompanied by a certified check, cashier's check, or draft, for ten percent (10%) of the total bid price, such check to be certified or issued by either a solvent State or National Bank payable to the City as a guarantee that the bidder will enter into a contract with the City in accordance with the terms of the Specifications in case such bidder be awarded the contract. b. Bonds: In lieu of a certified check as a guarantee, a bond of one hundred percent 10% (100%) of total bid price may be furnished by the bidder; such bond to be issued by a u srety authorized to do business in Arizona. Such bond shall be payable to the City as guarantee that such bidder will enter into a contract with the City in accordance with the terms of the Specifications in case such bidder be awarded the contract. c. The successful bidder's security shall be retained until a contract has been signed and the required performance bond has been signed and delivered to the City. The City reserves the right to retain the security of the next most responsive bidder until a contract has been executed or until one hundred twenty (120) days after opening, whichever is first. All other securities will be returned as soon as is practicable. d. Should any bidder refuse to enter into a contract, under the terms and conditions of the procurement, the City may retain the security, not as a penalty, but as liquidated damages. 2. Performance and Payment Bond a. Within ten (10) days from the time a contract is awarded, the Contractor shall furnish a fully executed performance bond and payment bond in such form and context as determined by the City from a surety approved by the City. Said bonds will be in a sum no less than one hundred percent (100%) of the annual contract price. b. The City has the option to forfeit said bonds if the contract is terminated by the default of the Bidder, under the conditions set forth in this Invitation for Bid (IFB), or if the City determines that the Bidder is unable or unwilling to complete the work as specified in the contract documents. c. If the contract schedule is not adhered to, and the City determines that the work is unlikely to be completed within a reasonable time after the original target date, then the City may terminate the contract and collect the Performance Bond and Payment Bond. d. Performance Bond and Payment Bond will be reviewed annually and any increases will require bonds to be reissued. Eff SPECIAL TERMS AND CONDITIONS ASPHALT EMULSION SLURRY SEAL/MICRO SURFACE Bid No. ST1-0161-1732 *" 1. INTENT A. This project shall consist of the City of Chandler being provided with the application of a Bituminous Slurry Seal and Micro Surface, Type II and Type III for the streets indicated in the bid package. B. The work shall be completed within one hundred thirty (130) calendar days beginning with the day following the starting date specified in the Notice to Proceed. The time allowed for completion of work includes lead-time for obtaining the necessary materials and/or equipment. 2. SCOPE The Contractor shall provide sufficient work crews to complete the project on schedule. The crews will work approximately eight (8) hours per day, five (5) days per week, Monday through Friday, excluding official City holidays. The Contractor shall appoint a crew leader for crew supervision and work coordination with the City's Project Inspector or Supervisor. The Project Supervisor will be advised before 3:30 p.m. each day of the planned work location for the following day. The crew leader shall advise the City Supervisor immediately of equipment breakdown or other delays affecting the progress of the work. 3. PRE -BID CONFERENCE 1rr The City of Chandler intends to hold a pre -bid conference with all submitting contractors on January 4, 2001 at 10:00 A.M./M.S.T., in the Purchasing and Material Division Conference Room, 249 E. Chicago Street, Chandler AZ. The purpose of the conference will be to clarify, answer questions and provide information as required which may be important in the selection process. 4. ANALYSIS AND TEST Unless otherwise specified, materials purchased will be inspected by the receiving activity as to meeting the quality and quantity requirements of the Invitation for Bids. When deemed necessary, samples of materials will be taken at random from stock received for submission to a commercial laboratory or other appropriate agency, for analysis and test as to whether the material conforms in all respects to the specifications. In cases where commercial laboratory reports indicate that the materials do not meet the specifications, the expense of such analysis is to be borne by the Vendor holding the contract. 5. DEFINITION The term "Contractor" shall hereinafter be defined and used interchangeably with the term "Bidder". The term "Owner" shall hereinafter be defined and used interchangeably with the term "City of Chandler". STC-1 6. BIDS AND CONTRACTS Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids will not be considered. All bids must be submitted on the enclosed bid forms where such forms are provided in the invitation. Bid proposals accepted by the City in writing constitute a legally binding contract. 7. CONTRACT ADMINISTRATION This contract shall be jointly administered by the Purchasing and Material Manager and an authorized representative of the primary user department. All questions regarding this contract shall be referred to an administrator for resolution. 8. CONTRACTOR'S EQUIPMENT The contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this contract. The contractor shall provide evidence of his ability to furnish equipment by listing equipment to be used on this project on page EL-1. 9. SUBCONTRACTORS If the contractor intends to subcontract any portion of this contract, the complete identity of the sub-contractor(s) shall be submitted with the bid. If it is determined that a subcontractor will be needed at any time the identity of the subcontractor shall be provided to the Street Division Superintendent, and use of the subcontractor must be approved before work starts. 10. ESTIMATED QUANTITIES The quantities shown are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require without penalty. 11. CHANGE ORDERS Change orders may be written to the contract for addition or deletion of services or products. Change orders will be processed in accordance with City change order procedures. 12. LENGTH OF CONTRACT The contract shall be for a period of one (1) year from date of Notice to Proceed. The City of Chandler has the option to renew the contract for four (4) additional one-year period if mutually agreeable. If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award of contract. The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days. STC-2 13. PRICE ADJUSTMENT The City Purchasing Office and the user department will review fully documented requests for price increases after any contract has been in effect for one (1) year. Any general price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The City Purchasing Office and user department will determine whether the requested price increase or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract extension. 14. AMENDMENTS Amendments issued during the time of bidding shall be attached to and made a part of the contract documents. 15. TERMS AND PAYMENT Payment under the contract will be made in the manner provided by law. Invoices shall be prepared and submitted in accordance with the instructions provided on the purchase order. Invoices shall contain the following information: Purchase order number, item numbers, model numbers, and/or serial numbers, description of supplies and/or services, sizes, quantities, unit prices and extended totals and applicable sales/use tax. The City is not subject to excise tax. 16. CLAIMS Payment of any claim shall not preclude the Owner from making claim for adjustment on any item found not to have been in accordance with general condition and specifications. 17. NOTICE OF CONTRACT The issuance of a formal contract or a purchase order to the successful Bidder will be considered sufficient notice of acceptance of contract. Said contract shall bind Bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. In lieu of a formal contract, the following notation shall be made on the Purchase Order: This Purchase Order, together with Bidder's proposal, Bid Invitation for Sealed Bids, addenda if any, and bid specifications shall constitute the contract documents, and each of these is incorporated into the contract by reference, together with all applicable State laws. 18. ORDERING INSTRUCTIONS Authorization for purchases under the terms and conditions of this contract will be made only upon issuance of a purchase document signed by an authorized agent. This purchase order will specify the items ordered, delivery instructions and any other pertinent information required. All City and vendor documents must reference the resultant contract number. STC-3 19. TAXES 1%W The bid price shall include all applicable taxes, and taxes will be paid by the Contractor. The City is exempt from the payment of Federal excise taxes. 20. SAFETY STANDARDS All services on this contract must comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards. 21. CONTRACT APPLICABILITY Bidder must substantially conform to the terms, conditions, specifications and other requirements found within the text of this specific Invitation for Bids. All previous agreements, contracts, or other documents, which have been executed between the Bidder and the City of Chandler are not applicable to this Invitation for Bids or any resultant contract. 22. CANCELLATION The City reserves the right to cancel the whole or any part of this contract due to failure of the Contractor to carry out any term, promise, or condition of the contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as in any of the following: In the opinion of the City, the Contractor provides material that does not meet the requirements of the contract; In the opinion of the City, the Contractor fails to perform adequately the services required in the contract; In the opinion of the City, the Contractor attempts to impose on the City materials, products, service, or workmanship, which is of an unacceptable quality; The Contractor fails to complete the required work or furnish the required materials within the time stipulated in the contract; In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the contract. The City may resort to any single or combination of the following remedies: A. Cancel any contract for any of the above stated reasons; B. Reserve all rights or claims to damage for breach of any covenants of the contract; STC-4 C. Perform any test or analysis on materials as to whether they conform in all respects to the specifications of the contract. If the results indicate non- compliance with the specification, any actual expense of testing will be borne by the Contractor; D. In case of default, the City reserves the right to purchase in the open market, or to complete the required work, at the expense of the Contractor. The City may recover any actual excess costs by: (1) Deduction from an unpaid balance; (2) Collection against the bid and/or performance bond, or; (3) Any combination of the aforementioned remedies or any other remedies as provided by law. 23. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City. 24. CONDITIONS OF WORK Each Bidder must inform himself fully of the conditions relating to the maintenance of the project ,%W and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligation to furnish material and labor necessary to carry out the provisions of this contract. 25. LICENSE REQUIREMENT The bidder shall maintain a current Class A - General Engineering License or any Specialty License as required and approved by the Registrar of Contractors for this project. 26. EVALUATION Award will be made to the Contractor, who is regularly established in the business of the application of emulsified asphalt slurry seal and who has demonstrated the ability to perform the required services in an acceptable manner, price not withstanding. Specific factors that will be considered by the City include: A. Technical capability of the Contractor to accomplish the scope of work required in the Invitation for Bid. This includes performance history on past and current government or industrial contracts. B. Demonstrated availability of necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Invitation for Bid. STC-5 C. Capability to complete the scope of work within the stated time frame. D. Overall cost and any other factors that would be advantageous to the City. 27. LIABILITY The Contractor agrees to obtain insurance coverage of the types and amounts specified in this section and keep such insurance in force throughout the life of the contract. Certificates of the required coverage will be submitted to, and must be approved by, the City's Risk Manager prior to the inception of any work. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage in any policy. Insurance policies shall remain in force until all work has been completed and the project has been accepted by the City. If a policy expires during the life of the contract, a renewal certificate of the required coverage must be sent to the City not less than five (5) days prior to the expiration date. The Contractor agrees to obtain insurance policies approved by the State of Arizona and acceptable to the City. The City will be included as an additional insured on all policies, except worker's compensation and professional liability. Policies for general, automobile and excess liability are primary over any insurance available to the City and as to any claim resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. Insurance certificates shall include the statement that the City is named as additional insured on the face of the certificate. Each certificate shall include job site, project number and the acknowledgment of the insurance �ft"' company as shown in Attachment A. This acknowledgment may be typed on the reverse of the insurance certificates or attached to them. It must be signed by an authorized representative of the insurance company. Coverage shown on the certificate of insurance must coincide with the requirements shown herein. Certificates must be received by the City's Risk Manager within ten (10) working days of the "Notice of Contract Award". If any insurance policies are not renewed prior to expiration, payments to the Contractor will be withheld until these requirements have been satisfied; or, at the option of the City, the City may pay the renewal premium and deduct such payment from any monies due the Contractor. Failure of the Contractor to take out or maintain any of the required insurance shall not relieve the Contractor from any liability under this contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification. In the event that claims in excess of the insured amounts provided herein are filed by reason of any operations under the contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish such additional security covering such claims as may be determined by the City. STC-6 Any and all deductibles in the insurance policies purchased by the Contractor shall be assumed by, and be for the account of, and at the sole risk of the Contractor. The Contractor agrees to provide and maintain minimum insurance limits as listed. For purposes of General Liability, any combination between general liability and excess or general liability alone amounting to a minimum of $1,000,000 in coverage. GENERAL LIABILITY Coverage's Comprehensive Form Explosion & Collapse Underground Products/Completed Operations LIMITS OF LIABILITY Bodily Injury Property Damage Combined Contractual Insurance Broad Form Property Damage Independent Contractors Personal Injury Personal Injury AUTOMOBILE LIABILITY Limits $ 500,000 each occ. $ 100,000 each occ. $ 500,000 aggr. Comprehensive Form Bodily Injury $ 500,000 each occ. Owner and Hired Property Damage Non -Owned Combined EXCESS LIABILITY Umbrella Form Bodily Injury $1,000,000 each occ. Property Damage $1,000,000 aggregate Combined WORKER'S COMPENSATION Statutory Premises -Operations EMPLOYER'S LIABILITY $ 100,000 each accident In regard to general, automobile, and excess liability, the Contractor agrees to indemnify, defend and save harmless the City, it's Mayor and Council, appointed boards and commissions, officials, officers and employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, STC-7 defense costs, or actions of any kind and nature resulting from personal injury to any person, including 1%WW employees of the Contractor or of any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Contractor for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the City, it's officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this contract that the City, it's Mayor and Council, appointed boards and commissions, officials, officers and employees, individually and collectively, are to be indemnified against their own negligence unless and except their negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the contract will in no way be construed as limiting the scope of indemnity in this paragraph. STC-8 GENERAL SPECIFICATIONS ASPHALT EMULSION SLURRY SEAL/MICRO SEAL Bid No. ST1-0161-1732 A. DESCRIPTION: The work covered in this specification consists of furnishing all labor, equipment and materials in performing all operations required for the application of a Bituminous Slurry Seal, Type II and Type III. NOTE ... THESE SPECIFICATIONS DO NOT COVER THE APPLICATION OF COAL TAR SLURRY SEALS. Contract also includes Micro Surface. B. STANDARD SPECIFICATION AND STANDARD DETAILS: Attention is called to the fact that the City of Chandler is now operating under the latest revision of the 1992 edition of the Uniform Standard Specification for Public Works Construction, published by the Maricopa Association of Governments as amended by the City of Chandler, which is herewith incorporated by reference and made apart hereof. C. DETERMINATION OF JOB MIX: All materials shall be pre -tested in a qualified laboratory to determine their suitability for use in the slurry seal. Tests will be used for design purposes to establish the percent of residual asphalt, water and accelerator to be used in the specified slurry seal. D. COMPOSITION OF SLURRY SEAL MIXTURES: A job mixture shall conform to the specification limits, and that is suitable for the traffic, climatic conditions, curing conditions, and final use. All materials shall be pre -tested for their suitability in the slurry seal mixture. The mixture shall attain initial set in not less than 5 minutes nor more than one hour. The setting time may be regulated by the addition of mineral fillers or chemical agents. The mixture shall be one of three types whose combined aggregates conform to the gradation requirements of Table 715. The mixture shall be sufficiently free flowing to fill cracks in the pavement. The mixture shall not segregate during or after lay -down. The mixture shall produce a skid -resistant surface. E. TRIAL APPLICATIONS: The contractor shall place a test strip of 60 square yards in the area designated by the Engineer. The test sections shall be placed using the same equipment and methods as will be used on the job. Slurry mixtures placed in test strips shall conform to the design mix as determined by the tests with minor variations to obtain crack filling, set time, pavement bond and a skid resistant texture. If the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of design mix and acceptance following the placing of a test strip. GS-1 F. NOTIFICATION OF PUBLIC: The contractor shall notify each residence and business when their street is to be surfaced at least 48 hours in advance of the work being done. This will provide adequate lead time for residents to move vehicles from the streets. The notification should be done in writing by the use of "door hangers." The door hangers shall be placed in a secure manner on the front door of each Residence or Business or if not accessible in a location which the owner will see and read. Door hangers should be printed on some bright colored paper, which will be easily seen. Door hanger notices must be approved by COC before being used. Items to be included on door hangers are: Date of work to be done - Type of work - Slurry Seal Surfacing Contractor - Contractor's phone number No Parking on Street Allowed for next 24 hours; If needed, cars will be towed at owner's expense. Ask resident not to drive on fresh slurry seal material - Note: The contractor shall, on the notices, provide information to the residents as to how to remove slurry material from shoes, driveways or vehicles. G. MEASUREMENT: Quantities and materials for this work will be paid for at the contract price per unit of measurement for each of the following pay items as indicated in the proposal. Emulsified asphalt for slurry Ton (undiluted) Aggregate for slurry Ton H. ALTERNATE WORK - PARKING LOT RESURFACING: The possibility exists that there will be some additional work added to this contract involving the resurfacing of City owned parking lots. At this time there are no quantities to bid on, so we are asking for a unit price complete for this work. The following information should be considered when calculating a unit price for this work. a. The material will be the same as requested in the specification, Type II Slurry Seal with polymer added or micro surface. b. The City Street Division will provide any and all Traffic Control needed. Will provide all sweeping and cleaning needed in the parking lots and will be responsible for having all the vehicles removed. The contractor should provide for all labor, equipment, materials, bond, insurance and overhead in his unit price quoted for this work. GS-2 TECHNICAL SPECIFICATIONS MICRO SEAL 1. SCOPE: The intent of this guideline is to specify the design, testing methods, and quality control procedures for the application of a "quick traffic solid/polymer modified surface. 2. DESCRIPTION: This specification covers the materials, equipment and construction procedures for rut filling and/or resurfacing of existing paved surfaces. The micro surface shall be a mixture of cationic polymer modified asphalt emulsion, mineral aggregates, mineral filler, water and other additives, properly proportioned, mixed and spread on the pavement surface in accordance with this guideline and as directed by the Streets Superintendent or designee. 3. APPLICABLE SPECIFICATIONS: The following agencies specifications and test methods are applicable to the construction of micro surfaces and may be used as appropriate. AASHTO - American Association of State Highway and Transportation ASTM - American Society for Testing Association ISSA - International Slurry Seal Association ADOT - Arizona Department of Transpiration 4. SUPPLY OF MATERIALS: The contractor shall supply all materials necessary for the performance of the work in accordance with their specification. The contractor shall be responsible for the safety of all materials of which he has taken delivery, until they are placed on the road and shall take all necessary precaution to avoid loss by fire or theft, or damage by water and shall bear the cost of replacing any such material that is lost, split, destroyed or damaged after delivery is effected. 5. NOTIFICATION OF PUBLIC: The contractor shall notify each residence and business when their street is to be surfaced at least 48 hours in advance of the work being done. This will provide adequate lead time for residents to move vehicles from the streets. The notification should be done in writing by the use of "door hangers." The door hangers shall be placed in a secure manner on the front door of each residence or business or if not accessible in a location which the owner will see and read. Door hangers should be printed on some bright colored paper, which will be easily seen. Items to be included on door hangers are: TS-1 Date of work to be done - Type of work - Slurry Seal Surfacing Contractor - Contractor's phone number No Parking on Street allowed for next 24 hours; If needed, cars will be towed at owner's expense. Ask resident not to drive on fresh slurry seal material - Note: The contractor shall, on the notices, provide information to the residents as to how to remove slurry material from shoes, driveways, or vehicles. 6. MATERIALS: Materials shall be approved by the Street Superintendent or designee prior to the start of construction. Certificates of Compliance will accompany each delivery of emulsion. 6.1 ASPHALT EMULSION The polymerized catatonic emulsion is herein classified as CSS-IH, quick setting, cationic type emulsion for mixing applications and seal coat. A minimum of 4% of solid polymer shall be high sheared into the asphalt prior to the emulsification process. The agency may choose to sample the polymerized asphalt for testing. The amount of polymer will be based on weight of polymer and asphalt (total weight) and be certified by the supplier. No latex will be allowed. The polymerized emulsion will meet the following specifications listed in Table 1. TABLE #1 TEST AASHTO TEST METHOD SPECIFICATION LIMITS Test on Emulsion Viscosity, SSF @ 77 degrees F. sec. T-59 15-100 Sieve Test % T-59 0.10 Max Particle Charge T-59 Positive Storage Stability * (Test 24 h. %) T-59 0.1 Max Evaporation Residue % Ariz 512 60 Min. Test on Residue Ariz 504 Kinematic Viscosity 275 degree F. cst T-201 650 Min Penetration, 77 degree F. 100g. 5 sec T-49 40-90 Softening Point degrees F. T-53 150 Min Ductility, 77 degree F. 5 cm/Min T-51 60 Min Test on Evaporation Residue after RTFO Kinematic Viscosity 275 degrees F. aging radio, cst T-201 2.5 Max Softening Point degrees F. T-53 150 Min The emulsion upon standing undisturbed for a period of twenty-four (24) hours, shall show no white, milky colored substance on its surface, but shall be a homogeneous brown color throughout. TS-2 6.2 MODIFIER TYPE AND CONTENT The modifier shall be solid. The asphalt cement shall contain a minimum of 4% solid polymer by weight of asphalt residue, sheared into the asphalt prior to emulsification. Plant verification (by City forces) and certification of polymer type and content (by supplier) will be required throughout the duration of the contract. Each tank of emulsion produced shall be certified to meet these specifications. Each load of emulsion delivered to the project will be accompanied with a certificate of analysis. These certificates of compliance and analysis will be given to the City as the material is made and/or delivered. 6.3 AGGREGATE The min -aggregate shall consist of sound, durable crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded particles. No natural sand will be allowed. The percentage composition by weight of the aggregate shall conform to the nominated gradation selected from the following: PERCENT PASSING SIEVE SIZE RUT FILLING TYPE III TYPE II Y2 100 100 100 3/8 85-95 100 100 No. 4 55-75 70-90 85-100 No. 8 45-55 45-70 65-90 No. 16 25-40 28-50 45-70 No. 30 19-34 19-34 30-50 No. 50 10-20 12-25 18-30 No. 100 7-18 7-18 10-21 No. 200 5-15 5-15 5-15 Lbs. Per square yard As required 30-35 18-25 The mineral aggregate and mineral filler shall have equivalency value not less than 50 (ASTM D 2419) and be non -plastic. TS-3 If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately in a manner that will result in a uniform and homogeneous blend. The final blended aggregate shall meet requirements for grading, sand equivalency and plasticity per above. 6.4 MINERAL FILLER Mineral filler, required by the mix design, shall be any recognized brand of non -air entrained Type I normal Portland cement that is free of lumps and clods, with a minimum of 85% passing the #200 sieve added by weight of aggregate as specified by the mix design. 6.5 WATER The water is to be potable water free from any injurious impurities. The contractor shall state the source of water at time of tendering. Water shall be potable and be compatible with the slurry ingredients used. The contractor shall be required to obtain a fire hydrant meter from the City of Chandler if he intends on using City of Chandler water. A deposit is required to obtain the meter and all water used will be charged to the contractor. 6.6 ADDITIVES Additives may be used to accelerate or retard the breaking point and set times of the micro surface mix, or improve the resulting finished surface. The use of additives in the micro surface mix shall be supplied in quantities by the laboratory mix design. 6.7 PROPORTIONING The micro surface mixture shall be proportioned in accordance with the mix design. Calibrated sign flow meters shall be provided to measure both the addition of water and additives shall be provided to measure both the additions of water and additives to the pug mill. Emulsion and cement flow shall be tied directly to aggregate flow. All additive flows shall be calibrated. 6.7-1 The micro surface mixture shall be proportioned per the mix design to ensure: a. Traffic -ability - with a relative humidity at not more than 50% and ambient air temperature of at least 77 degrees F, the material will permit uncontrolled traffic without damage to the surface within one (1) hour. b. Prevent development of bleeding, raveling, separation or other distress for seven (7) days after placing the micro surface. TS-4 7. MIX DESIGN: 7.1-1 The contractor shall provide a job mix formula from an approved laboratory and present certified test results for the Streets Superintendent or designee's approval. Compatibility of the aggregate and polymer modified asphalt emulsion shall be certified by the emulsion manufacturer. All the materials used in the job mix formula shall be representative of the material proposed by the contractor for use in the project. 7.1-2 All the products used in the construction procedures shall have certifications from the suppliers and shall be given to the Streets Superintendent or designee upon delivery to the project. 7.1-3 Mix design and proportioning will be approved by the Streets Superintendent or designee prior to the start of the project. 7.2 SPECIFICATIONS 7.2.-1 The Streets Superintendent or designee shall approve the mix design prior to use. The specification limits are as follows: Residual Asphalt 6% - 11.5% by dry weight of agg. Mineral Filler .1 % - 1 % by dry weight of agg. Polymer Content/Type 4% min. (see section 6.) Additive As required for mix properties Water As required for mix properties Aggregate Grading Type as specified meeting sec. 6.3 Consistency 2.5 to 3.0 cm Traffic Time See section 7.2 - 2 Abrasion Loss 50 g/S. F. max. Adhesion 90% minimum Loaded Wheel Sand Adhesion See section 7.2 - 3 7.2-2 MODIFIED COHESION TEST Furnish laboratory test data showing design to be trafficable one (1) hour after application at 77 degrees F conforming to the following criteria in accordance with test methods described in Appendix III & IV (ADOT Standards). Set Time Test 30 minutes 12 kg - cm minimum Early Rolling Traffic Time 60 minutes 20 kg - cm minimum TS-5 7.2-3 LOADED WHEEL SAND ADHESION TEST Furnish laboratory test data showing the mix design conforming to the following criteria in accordance with test methods described in Appendix III. (ADOT Standards) Vehicles/day Maximum Sand Adhesion 0-30 70 g/ft 250-1500 60 g/ft 1500-3000 55 g/ft greater than 3000 50 g/ft 7.3 The laboratory shall further report their quantitative effects of moisture content in the unit weight of the aggregate (bulking affect). The report must clearly show the theoretical recommended proportion of aggregate, mineral filler (min & max.), water (min & max.), additive(s), and asphalt and how the proportion are based (dry aggregate weight, total mix. etc.). 8. TESTING THE MICRO SURFACE: Samples will be taken throughout the project for testing by the approved laboratory per ISSA TB101. Testing shall be at the expense of the contractor, for the following: a. Asphalt content b. Aggregate gradation C. % Polymer content and type 9. EQUIPMENT: 9.1 GENERAL All equipment, tools and machines used in the performance of this work shall be maintained in satisfactory working conditions at all times to ensure a high quality product. 9.2 MIXING EQUIPMENT The mixing machine shall be a self-propelled or truck mounted mixing machine which shall be able to accurately deliver and proportion the aggregate, material filler, water, additive, and polymer modified asphalt emulsion to a revolving multi -blade mixer capable of minimum speeds of 200 RPM and discharge the product on a continual flow basis. he machine shall have sufficient storage capacity for aggregate, polymer modified asphalt emulsion, mineral filler, water, and additive to maintain an adequate supply to the proportioning controls. TS-6 9.3 MATERIAL CONTROL 9.3-1 CALIBRATION Each mixing unit to be used in the performance of the work shall be calibrated prior to construction. Calibration data, if done within the calendar year, using the same material, may be used, providing a verification of the aggregate feed agrees. 9.3-2 Individual volume or weight control for proportioning each material to be added to the mix shall be provided, and shall be accessible by the Streets Superintendent or designee. Each material control device shall be calibrated prior to work and documented, for inspection by the Streets Superintendent or designee. 9.3-3 AGGREGATE FEED The aggregate feed to the mixer shall be equipped with a revolution counter or similar device so the amount of aggregate used may be determined at any time. 9.3-4 EMULSION PUMP The emulsion pump shall be the positive displacement type with a jacketed housing for uniform heating. A revolution counter or similar device shall be fitted so that the amount of emulsion used may be determined at any time. 9.3-5 FINES FEEDER An approved fines feeder that will provide a uniform, positive, accurately metered range of 0-1 percent by dry aggregate weight. The fines feeder has to have a counter so the amount of mineral filler can be determined at any time. 9.3-6 LIQUID ADDITIVE The mixing machine shall be equipped with a liquid additive system that provides a pre -determined amount of additive to the mixing chamber. This additive system must be equipped with a counter that can determine the amount used at any time. 9.3-7 WATER SYSTEM The mixing machine shall be equipped with water system that provides a pre -determined amount of water to the mixing chamber. This water system must be equipped with a counter that can determine the amount used at any time. 9.4 OPERATOR CONTROLS 9.4-1 Controls will allow the operator to sequence and proportion the material per mix design. TS-7 9.5 SPRAY BARS The mixing machine shall be equipped with a water pressure system that provides a water spray immediately ahead of and outside the spreader box. 9.6 SPREAD EQUIPMENT 9.6-1 The paving mixture shall be spread uniformly by means of mechanical type lay -down box attached to the mixer, equipped with agitation, to spread the materials throughout the box without any dead zones. These paddles shall be designed and operated so all the fresh mix will be agitated. Flexible seals, front and rear, shall be in contact with the road surface to prevent loss of mixture from the box. The spreader box shall be equipped with hydraulic cylinders for controlling the thickness of the spread mixture. 9.6-2 The rut filling spreader box shall have 6 to 8 foot skids to provide for leveling and filling uneven depressed areas. The rut filling spreader box will require two adjustable steel strike -off plates. The rear flexible seal shall act as a final strike -off and shall be adjustable. The steel strike -offs shall be controlled by hydraulic cylinders placed at the rear of the spreader box. 9.6-3 The spreading equipment shall be maintained free from buildup of the mixture on the paddles of sidewalls. Any skips, lumps, or tears in the finished product will not be allowed. 10. APPLICATION: 10.1 GENERAL The micro surface shall be of the desired consistency when deposited in the spreading box and nothing more shall be added to it. The mixing time shall be sufficient to produce a complete and uniform coating of the aggregate and the mixture shall be chuted into the moving spreader box at a sufficient rate to maintain an ample supply across the full width of the strike -off squeegee at al times. 10.2 WEATHER The micro surfacing shall be placed when the temperature is at least 45 degrees F and rising, and is not raining. The surface temperature shall be 50 degrees F or higher when the mixture is applied. The micro surface shall not be applied unless the pavement temperature is at least 45 degrees F and rising. The mixture shall not be applied during unsuitable weather. 10.3 PROTECTION OF EXISTING SERVICES The contractor shall take all necessary precautions to prevent micro surface or other material used on the work from entering or adhering to grating, hydrants or valve boxes, manhole covers, bridge or culvert decks and other road fixtures. Immediately after surfacing the contractor shall clean off any such material and leave any such grating, manholes, etc., in a satisfactory condition. TS-8 10.4 PREPARATION OF THE SURFACE Immediately before applying the bituminous material, the area to be surfaced shall be cleaned of dirt, loose material, and other objectionable material. In urban areas, the surface shall be cleaned with a self-propelled pick-up sweeper. In rural areas power brooms may be used. When necessary, cleaning shall be supplemented by hand brooms. This also includes the removal of grass or weeds, which are growing in the joint between the street and concrete gutter. The bituminous material shall not be applied until an inspection of the surface has been made by the City Supervisor and he has determined that it is suitable. 10.5 FOGGING PAVEMENT The surface will be pre -wetted by fogging ahead of the spreader box. The rate should be adjusted as dictated by the pavement temperatures, surface texture, humidity and dryness of existing pavement. 10.6 MIX STABILITY The modified mix shall possess sufficient stability so that premature breaking of material in the spreader box should not occur. The mixture shall be homogeneous during the following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the courser aggregate. 10.7 APPLICATION RATE The application rate, square yards per cubic yard of mix specified are average rates, the surface texture variation throughout the work will dictate the actual spreading rates. The strike -off squeegee shall be adjusted to provide micro surface thickness which will completely fill the surface voids and provide an additional thickness not exceeding one and one half times the largest top -size stone. This requirement of 1 1/2 stone depth does not apply to rut filling operations as these depths very greatly according to the surface irregularities. 10.8 JOINTS No excessive buildup or unsightly appearance shall be permitted on longitudinal or transverse joints. A maximum of 4.0" overlay will be permitted on longitudinal joints. The contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the work. Half passes and an odd width passes will be used only in minimum amounts. If half passes are used, they cannot be the last pass of any paved area. Care shall be taken to ensure straight lines along curb and shoulders. No runoff on these areas will be permitted. Construction joints shall be neat in appearance and shall be tapered or feathered to conform to the existing surfacing. All excess material shall be removed from the surface upon completion of each run. TS-9 10.9 HAND WORK Approved squeegees and lutes shall be used to spread the mixture in areas inaccessible to the spreader box and other areas where hand spreading may be required. Adequate methods such as barricades, flagmen, pilot cars, etc., shall be used to protect the uncured slurry surface from all types of traffic. The City of Chandler, barricade manual shall be the approved method of providing traffic control. 10.10 PROTECTION OF MICRO SURFACE Adequate means shall be provided by the contractor to protect the uncured product. Any damage done to the product shall be required at the contractor's expense. Adequate methods such as barricades, flagmen, pilot cars, etc., shall be used to protect the uncured slurry surface from all types of traffic. The City of Chandler, barricade manual shall be the approved method of providing traffic control. 10.11 DAMAGE TO MICRO SURFACE The contractor's responsibility to replace micro surface damage by unexpected rain after spreading shall be limited to the period within four (4) hours of placement of the micro surface. 10.12 ALTERNATE WORK - PARKING LOT RESURFACING The possibility exists that there will be some additional work added to this contract involving the resurfacing of City owned parking lots. At this time there are no quantities to bid on, so we are asking for a unit price complete for this work. The following information should be considered when calculating a unit price for this work. a. The material will be the same as requested in the specification, Type II Slurry Seal with polymer added. b. The City Street Division will provide any and all Traffic Control needed. Will provide all sweeping and cleaning needed in the parking lots and will be responsible for having all the vehicles removed. The contractor should provide for all labor, equipment, materials, bond, insurance and overhead in his unit price quoted for this work. 10.13 NOTICE TO PROCEED Notice to proceed will not be issued until weather is suitable, about G4/9Pr 11. MEASUREMENT: Additional quantities and materials for this work will be paid for at the contract price per unit of measurement for each of the following pay items as indicated in the proposal. A. Bituminous tack coat if specified Ton (Diluted) B. Emulsified asphalt for slurry Ton (Undiluted) C. Aggregate for slurry Ton (Surface Dry) I S-10 TECHNICAL SPECIFICATIONS QUICK SET SOLID POLYMER MODIFIED SLURRY SEAL (TYPE II AND TYPE III) 1. SCOPE: The indent of this guideline is to specify the design, testing methods, and quality control procedures for the application of a "quick set solid/polymer modified slurry seal." 2. DESCRIPTION: This specification covers the materials, equipment and construction procedures for resurfacing of existing paved surfaces. The slurry seal shall be a mixture of polymer modified asphalt emulsion, mineral filler, water and other additives, properly proportioned, mixed and spread on the pavement surface in accordance with this guideline and as directed by the Streets Superintendent or designee. 3. APPLICABLE SPECIFICATIONS: The following agencies, specifications and test methods are applicable to the construction of this product and may be used as appropriate. AASHTO - American Association of State Highway and Transportation Officials ASTM - American Society for Testing Materials ISSA - International Slurry Surfacing Association ADOT - Arizona Department of Transportation 4. SUPPLY OF MATERIALS: The contractor shall supply all materials necessary for the performance of the work in accordance with these specifications. The contractor shall be responsible for the safety of all materials of which he has taken delivery, until they are in place on the road and shall take all necessary precaution to avoid loss by fire, theft or damage by water and shall bear the cost of replacing any such material that is lost, destroyed or damaged after delivery is effected. 5. NOTIFICATION OF PUBLIC: The contractor shall notify each residence and business when their street is to be surfaced at least 48 hours in advance of the work being done. This will provide adequate lead time for residents to move vehicles from the streets. The notification should be done in writing by the use of "door hangers." The door hangers shall be placed in a secure manner on the front door of each residence or business or if not accessible, in a location which the owner will see and read. Door hangers should be printed on bright colored paper, which will be easily seen. Items to be included on door hangers are: TS-11 Date of work to be done - Type of work - Slurry Seal Surfacing Contractor - Contractor's phone number - No Parking on Street Allowed for next 24 hours; If needed, cars will be towed at owner's expense. Ask resident not to drive on fresh slurry seal material - Note: The contractor shall, on the notices, provide information to the residents as to how to remove slurry material from shoes, driveways or vehicles. 6. MATERIALS: Materials shall be approved by the Streets Superintendent or designee prior to the start of construction. Certificates of Compliance will accompany each delivery of emulsion. 6.1 EMULSIFIED ASPHALT - PMQS-h MQS-h is designed for slurry seal applications where increased resistance to abrasion loss is required because of severe climate and traffic conditions associated with connectors, arterials or highway applications. PMQS-h shall consist of refined asphalt cement modified with Styrene/Butadine/Styrene (SBS) or Ethylene/Vinylacetate (EVA) synthetic rubber (no latex will be allowed.) The EVA or SBS shall be high sheared into the refined asphalt cement prior to the emulsification process. Once emulsified, the PMQS-h shall meet the following specifications. a. MATERIAL SPECIFICATIONS Test on Emulsion: Method: Min: Max: Viscosity, 77F, SayboltFurial, Sec AASHTO T-59 15 90 Settlements, 5 day, % AASHTO T-59 5 Storage Stability, 1 day, % AASHTO T-59 1 Sieve, % AASHTO T-59 0.1 Residue, % AASHTO T-59 57 Particle Charge, Electroplate ASTM D-977 Negative Test on Residue: Arizona 504 Viscosity, @140F. Ps AASHTO T-202 3000 Viscosity, @275F, Cst AASHTO T-201 400 Penetration, @39.2F, 200g/60s, dmm AASHTO T-49 15 Penetration, @77F, 100g/5s, dmm AASHTO T-49 35 75 Ductility, @77F, 5cm/min, cm AASHTO T-51 100 Toughness, @77F, in-Ibs. (1) 150 Tenacity, @77F, in -Ibs. (1) 110 Softening Point, F AASHTO T-53 125 Polymer Content (by weight of residue), % CAL-401 3.0 Test on RTFO Residue: Viscosity, @140F, Ps AASHTO T-202 8000 Ductility, @77F, 5 cm/min, cm AASHTO T-51 100 TS-12 1. The base asphalt shall be modified prior to emulsification. The Streets Superintendent or designee may sample the modified base for testing. The base shall meet the above residue properties. 2. Upon standing undisturbed for a period of 24 hours, the emulsion shall show no white milky film upon the surface. 3. The emulsion shall be pre -certified prior to use. A one quart sample, each of base asphalt and polymer, shall be supplied to the agency ten days in advance of the project start. 4. The required testing shall be done by a state certified laboratory. b. Test Reports and Certifications At the time of delivery of each shipment of asphalt, the vendor supplying the material will deliver to the purchaser certified copies of the test report. The test report shall indicate the name of the vendor, type and grade of asphalt delivered, date and point of delivery, quantity delivered, delivery ticket number, purchase order number, and results of the specified tests. The test report, signed by an authorized representative of the vendor, shall certify that the product delivered conforms to the specifications for the type and grade indicated. The certified test reports and the testing required in connection with the reports shall be at no cost to the agency. Until the certified test reports and samples of the material have been checked by the Streets Superintendent or designee to determine their conformity with the prescribed requirements, the material to which such report relates and any work in which it may have been incorporated as an integral component, will be only tentatively accepted by the agency. Final acceptance will be d d t u on the determination by the Streets Superintendent or designee that the material epen en p involved fulfills the prescribed requirements. 6.2 AGGREGATE The mineral aggregate shall consist of sound, durable crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded particles. No natural sand will be allowed. The percentage composition by weight of the aggregate shall conform to the nominates gradation from the following: SIEVE SIZE TYPE III TYPE If 1 /2 100 100 3/8 100 100 No. 4 70-90 85-100 No. 8 45-70 65-90 No. 16 28-50 45-70 No. 30 19-34 30-50 No. 50 12-25 18-30 No. 100 7-18 10-21 No. 200 5-15 5-15 Application Rate LBS/S.Y 23-32 18-24 TS-13 The mineral aggregate and mineral filler shall have sand equivalency value not less than 50 (ASTM D 2419) and be non -plastic. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately in a manner that will result in a uniform and homogeneous blend. The final blended aggregate shall meet requirements for grading, sand equivalency and plasticity per above. 6.3 MINERAL FILLER Mineral filler, required by the mix design, shall be Portland cement that is free of lumps. 6.4 WATER The water is to be potable water free from any injurious impurities. Water shall be potable and be compatible with the slurry ingredients used. The contractor shall be required to obtain a fire hydrant meter from the City of Chandler if he intends on using City of Chandler water. A deposit is required to obtain the meter and all water used will be charged to the contractor. 6.5 ADDITIVES No additives will be added. 6.6 PROPORTIONING The polymer modified slurry seal shall be proportioned in accordance with the mix design. The slurry seal machine shall be equipped with revolution counters and flow meters to accurately measure the percentage of emulsion, water and cement to the pounds of aggregate delivered to the machine mixer. 7. MIX DESIGN: 7.1 REQUIREMENTS 7.1-1 7.1-2 The contractor shall submit for approval a complete mix design prepared and certified by an independent certified laboratory. Compatibility of the aggregate, polymer modified emulsion, mineral filler and other additives shall be verified by the mix design. The mix design shall be made with the same aggregate and gradation that the contractor will use on the project. The mix design shall clearly show the recommended percentages of each material required. Minor adjustments may be required during the construction, based on field conditions. All component materials used in the mix design shall be representative of the materials proposed by the contractor to be used on the projects. TS-14 7.2 TESTS REQUIRED FOR THE MIX DESIGN: TEST QUALITY SPECIFICATION AASHTO T176 Sand Equivalent 50 Min ASTM D2419 AASHTO T96 Soundness 15% Max using Na2SO4 or ASTM C88 25% Max using MgSO4 AASHTO T96 Abrasion Resistance 35% Max ASTM C 131 ISSA TB115 Compatibility Compatibility ISSA TB100 Wet Track Abrasion 50g/SF Max 7.3 The laboratory shall further report their quantitative effects of moisture content in the unit weight of the aggregate (bulking effect.) The report must clearly show the theoretical recommended proportion of aggregate, mineral filler (min & max), water (min & max), additive(s), and asphalt and how the proportions are based (dry aggregate weight, total mix, etc.) The Streets Superintendent or designee shall approve the mix design prior to use. The component materials shall be within the following limits. Residual Asphalt Mineral Filler Polymer Content/Type Water Aggregate Grading Slurry Seal Type II Slurry Seal Type III 6% to 11.5% by dry weight of agg .1 % to 1.5% by dry weight of agg 3% min. (see Section 6.) As required for mix properties Type as specified Use approximately 15% emulsion by dry weight of aggregate Use approximately 13% emulsion by dry weight of aggregate 8. TESTING THE POLYMER MODIFIED SLURRY SEAL: Samples will be taken throughout the project for testing by the approved laboratory. Testing shall be at the expense of the agency, for the following: a. Asphalt Content b. Aggregate Gradation 9. EQUIPMENT: 9.1 GENERAL All equipment, tools and machines used in the performance of this work shall be maintained in satisfactory working conditions at all times to ensure a high quality product. TS-15 9.2 MIXING EQUIPMENT The mixing machine shall be a self-propelled or truck mounted mixing machine which shall be able to accurately deliver and proportion the aggregate, mineral filler, water, additive, and polymer modified asphalt emulsion to a revolving multi -blade mixer capable of minimum speeds of 200 RPM and discharge the product on a continual flow basis. The machine shall have sufficient storage capacity for aggregate, polymer modified asphalt emulsion, mineral filler, water, and additive to maintain an adequate supply to the proportioning controls. The machine shall be equipped with mechanical and electronic counters to accurately measure and calibrate the revolutions of the conveyor delivering slurry aggregate to the pug mill. Each machine shall also be equipped with a positive displacement pump and digital read-out counter, to accurately measure and display in gallons, the quantity of emulsified asphalt delivered to the pug mill. Counters and meters shall be repaired or replaced immediately upon discovery of inaccuracy. The machine will not be used until measuring devices are repaired. 9.3 MATERIAL CONTROL 9.3-1 CALIBRATION Each mixing unit to be used in the performance of the work shall be calibrated prior to construction. 9.3-2 Individual volume or weight controls for proportioning each material to be added to the mix shall be provided, and shall be accessible by the Streets Superintendent or designee. Each material control device shall be calibrated prior to work and documented for inspection by the Streets Superintendent or designee. 9.3-3 AGGREGATE FEED The aggregate feed to the mixer shall be equipped with a revolution counter or similar device so the amount of aggregate used may be determined at any time. 9.3-4 EMULSION PUMP The emulsion pump shall be the positive displacement type with a jacketed housing for uniform heating. A revolution counter or similar device shall be fitted so that the amount of emulsion used may be determined at any time. The readout of this device shall be in gallons. 9.3-5 FINES FEEDER The fines feeder will provide a uniform, positive, accurately metered range of 0-1 percent by dry aggregate weight. The fines feeder must have a counter so that the amount of mineral filler can be determined at any time. 9.3-6 WATER SYSTEM The mixing machine shall be equipped with a water system that provides a pre -determined amount of water to the mixing chamber. The water system must be equipped with a counter that can determine the amount used at any time. TS-16 9.4 OPERATOR CONTROLS Controls will allow the operator to sequence and proportion the material per the mix design. 9.5 SPRAY BARS The mixing machine shall be equipped with a water pressure system that provides a water spray immediately ahead of and outside the spreader box. 9.6 SPREAD EQUIPMENT Am 9.6-2 The paving mixture shall be spread uniformly by means of mechanical type laydown box attached to the mixer, equipped with agitation, to spread the materials throughout the box without any dead zones. These paddles shall be designed and operated so all the fresh mix will be agitated. Flexible seals, front and rear, shall be in contact with the road surface to prevent loss of mixture from the box. The spreader box shall be equipped with an adjustable strike -off for controlling the thickness of the spread mixture and hydraulic cylinders to adjust the width of the laydown box. The spreading equipment shall be maintained free from buildup of the mixture on the paddles or sidewalls. Any skips, lumps or tears in the finished product will not be allowed. 10. APPLICATION: 10.1 GENERAL The polymer modified slurry seal shall be of the desired consistency when deposited in the spreading box and nothing more shall be added to it. The mixing time shall be sufficient to produce a complete and uniform coating of the aggregate and the mixture shall be chuted into the moving spreader box at a sufficient rate to maintain an ample supply across the full width of the strike -off squeegee at all times. 10.2 WEATHER The mixture shall be placed when the temperature is at least 45 degrees F and rising, and is not raining. The surface temperature shall be 50 degrees F or higher when the mixture is applied. The slurry seal shall not be applied unless the pavement temperature is at least 45 degrees F and rising. The mixture shall not be applied during unsuitable weather. 10.3 PROTECTION OF EXISTING SERVICES The contractor shall take all necessary precautions to prevent slurry seal or other material used on the work from entering or adhering to gratings, hydrants or valve boxes, manhole covers, bridge or culvert decks and other road fixtures. Immediately after surfacing, the contractor shall clean off any such material and leave any such grating, manholes, etc. in a satisfactory condition. TS-17 Immediately before applying the bituminous material, the area to be surfaced shall be cleaned of dirt, loose material, and other objectionable material. In urban areas, the surface shall be cleaned with a self-propelled pick-up sweeper. In rural areas, power brooms may be used. When necessary, cleaning shall be supplemented by hand brooms. This also includes the removal of grass or weeds, which are growing in the joint between the street and concrete gutter. The bituminous material shall not be applied until an inspection of the surface has been made by the City Supervisor and he has determined that it is suitable. 10.4 FOGGING PAVEMENT The surface should be pre -wetted by fogging ahead of the spreader box. The rate should be adjusted as dictated by the pavement temperatures, surface temperatures, humidity and dryness of existing pavement. 10.5 MIX STABILITY The modified mix shall possess sufficient stability so that premature breaking of material in the spreader box should not occur. The mixture shall be homogeneous during the following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. 10.6 APPLICATION RATE The application rates are average rates. The surface texture variation throughout the work will dictate the actual spreading rates. The strike -off squeegee shall be adjusted to provide a thickness which will completely fill the surface voids and provide an additional thickness nor exceeding one and one half times the largest top -size stone. This requirement of 1 1/2 stone depth does not apply to rut filling operations as these depths very greatly according to the surface irregularities. 10.7 JOINTS No excessive buildup or unsightly appearance shall be permitted on longitudinal joints. The contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the work. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they cannot be the last pass of any paved area. Care shall be taken to ensure straight lines along curb and shoulders. No runoff on these areas will be permitted. Transverse joints shall be squared off so that a uniform transition is obtained at all transverse joints. Excess material as a result of squaring the joint will be removed by the contractor. 10.8 HANDWORK Approved hand squeegees and lutes shall be used to spread the mixture in areas inaccessible to the spreader box and other areas where hand spreading may be required. 10.9 SURFACE PREPARATION AND TRAFFIC CONTROL Adequate methods such as barricades, flagmen, pilot cars, etc., shall be used to protect the uncured slurry surface from all types of traffic. The City of Chandler, barricade manual shall be the approved method of providing traffic control. TS-18 11. PAYMENT: The polymer modified slurry seal shall be paid by the weight of the aggregate and weight of emulsified asphalt, as shown on certified weight tickets from the supplies delivered to the project, less weigh backs. The price shall be full compensation for furnishing, mixing, and applying all materials; and for all labor, equipment, tools, design tests, and incidentals necessary to complete the job as specified herein. 12. MACHINE CALIBRATION AND VERIFICATION: Each mixing unit is to be used during the contract shall be calibrated prior to construction and proven to the Streets Superintendent or designee during the test strips. All mixing units to be used on the job shall be approved prior to start of construction. Any costs associated with calibration shall be identical to the project. Documentation shall include an individual calibration of each material at various settings, which can be related to the machines' metering devices. No machine will be allowed to work on the project unless the calibration has been completed and accepted. The method used to calibrate the machines shall be submitted to the Streets Superintendent or designee for approval prior to calibration. Verification is to be performed with test strips. This shall include pre and post weighing of the slurry seal trucks. Re -calibration shall be required whenever counters or measuring devices are discovered to be in error. Any costs associated with recalibration shall be incidental to the project and no additional time will be granted. Test strips will be made be each machine prior to construction. Samples of the slurry seal will be taken and tested as to mix consistency, proportioning and application rate. Upon failure of any tests, re -tests shall be made at the contractor's expense. Any unit failing to pass the tests will not be permitted to work on the project. 13. JOINTS, LINES AND HAND WORK: No excessive buildup, uncovered areas or unsightly appearance shall be permitted on longitudinal or transverse joints. An excessive overlap will not be permitted on longitudinal joints. The contractor shall provide suitable width spreading equipment to produce the minimum number of longitudinal joints to comply with the traffic regulations necessary throughout the project. Half passes and odd width passes will be used only when required. 14. EQUIPMENT REPLACEMENT: Any equipment or piece of equipment that fails to produce the desired surface shall be repaired and/or replaced by the contractor as no cost to the buyer. The Streets Superintendent or designee shall determine if the equipment and/or finished product is in compliance. 15. PROTECTION OF COVERS: All utility appurtenances and survey monuments, i.e. manholes, valves, etc., shall be protected from slurry seal. A squeegee method will not be permitted. The contractor shall submit the method to be used to the Streets Superintendent or designee for approval prior to work commencement. All utility appurtenances and survey monuments shall be marked outside the slurry portion of the pavement with the offset and location prior to seal coating. TS-19 16. ALTERNATE WORK - PARKING LOT RESURFACING: The possibility exists that there will be some additional work added to this contract involving the resurfacing of City owned parking lots. At this time there are not quantities to bid on, so we are asking for a unit price complete for this work. The following information should be considered when calculating a unit price for this work. 16.1 The material will be the same as requested in the specification, Type II Slurry Seal with polymer added. 16.2 The City Street Division will provide any and all traffic control needed. Will provide all sweeping and cleaning needed in the parking lots and will be responsible for having all the vehicles removed. The contractor should provide for all labor, equipment, materials, bond, insurance and overhead in his unit price quoted for this work. 17. SCHEDULE: The Contractor shall schedule and furnish all labor and equipment necessary to apply a minimum of 170 tons of slurry seal per day. TS-20 Contractor's Equipment List Per Page GS-2, Paragraph H Contractor's Equipment EL-1 BIDDER'S OFFER ASPHALT EMULSION SLURRY SEAL/MICRO SEAL Bid No. ST 1-0161-1732 SUBMITTALS A. In order to be considered, Bidder must complete and submit their bid to the City of Chandler, Purchasing and Material Division, 249 E. Chicago Street, Chandler, Arizona 85225, by no later than the opening date and time. Please identify as a sealed bid in accordance with the Call for Bids and Instructions to Bidders. B. Bids submitted should include detailed product or service literature, suitable for evaluation by the City. IF THE MATERIAL, EQUIPMENT, OR SERVICE YOU INTEND TO OFFER HAS SIGNIFICANT VARIATIONS FROM THE SPECIFICATIONS STATED IN THIS INVITATION FOR BID, PLEASE LIST EXCEPTION ON SEPARATE SHEET. C. The City will not be responsible for any Bidder errors or omissions. D. This offer shall be irrevocable for a period of sixty (60) calendar days from the bid opening date. E. Payment Terms: Bidder offers a prompt payment discount of 0 % PROXIMO or N/ days, to apply after receipt of invoice of final acceptance of the products, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate net 30 days. F. Upon request, the following information shall be immediately submitted for City's review: 1 . Two (2) copies of the Bidder's most current audited financial statements. 2. Two (2) copies of a complete description of Bidder's equipment and facility including, but not limited to, plant and service areas in square feet. 3. If the Bidder intends to subcontract service, either the full quantity or any portion thereof, the identity of the subcontractor(s) shall be submitted with the bid. The amount subcontracted can not be more than 50% of the total dollar amount of the contract. II. CERTIFICATION A. In the event only one (1) bid is received, the City will perform a cost/price analysis to determine if the bid is fair and reasonable or rebid the whole package. B. Bidder certifies it is a: Proprietorship ; Partnership ; Corporation X Municipality C. Arizona Sales/Use Tax No. 0 7-246264 Z • D. City of Chandler Sales Tax No. 100005953 E. Contractor's License No. 081093 ; 069777 ; 055425 F. Employers Identification No. or Social Security No. 86-Q41 5204 G. Bidder certifies that he has read, understands, and will fully and faithfully comply with this Invitation for Bid, its attachments and any referenced documents. Bidder also certifies that the prices offered were independently developed without consultation with any of the other Bidders or potential Bidders. Bidder also certifies that insurance policies will be provided per City's requirements if contract were awarded to him. III. BIDDER'S OFFER A. In compliance with your Invitation for Bids, Bidder hereby proposes to perform all work for the construction of Slurry Seal/Micro Seal Street Program in strict accordance with the contract documents, within the time set forth therein, and at the prices stated below. ITEM UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE INCLUDING TAX TYPE II (Approximately 800,000 Square Yards) 1. PMQS-h 1,550 Tons $ 145.00 2. Dry Aggregate 10,000 Tons $ 50.10 TOTAL OF ITEMS 1 THROUGH 2 (Including Tax) Amount to be taxed not to include labor (information only) Tax Rate 4 _ h 8 % 120000 Micro Surfacing (Type III) Approximately ,aSquare Yards) 250 3. CSS-1 h )�WXTons $ 200 _ 00 1500 4. Dry Aggregate4y H-0, .k) Tons $ 66.94 3 4 TOTAL OF ITEMS A THROUGH ?(Including Tax) Amount to be taxed not to include labor (information only) Tax Rate 4. 68 % GRAND TOTAL ITEMS 1 THROUGH 4 (Including Tax) $ 224,750.00 s 501,000.00 $ 725,750.00 $ 540,000.00 $ 100,410.00 s 150,410.00 $ 125,000,00 $ 876,160.00 Bids shall include all charges for all materials, labor, construction equipment, incidental expenses, general conditions, supervision, taxes, insurance, overhead and profit. BO-2 Alternate Work - Parking Lot Resurfacing �••- 1. Unit Price to slurry seal Parking Lot per Square Yard $1. 3 7 / s y Complete in place M 2 Unit Price to micro seal Parking Lot per Square Yard $1. 8 7 / s y Complete in place - B. Bidder acknowledges receipt of the following Addend�{e): AcLndtun tp 1 /21 / 00 Arid e m d um 4 r1a r A d 1 1 7/ n 1 Addendun 2 dated 1/5/01 D. By submission of this bid, each Bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that this bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other Bidder or with any competitor. E. Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within one hundred thirty (130) consecutive calendar days thereafter. F. Contractor shall furnish the names, addresses, and telephone numbers of a minimum of three (3) firms or government organizations for which the Contractor is currently furnishing or has, in the past, completed service for Slurry Seal Street Program. 1. Firm's Name: City of Phoenix Address: 200 W Washngton 5th Floor Phnx, AZ 85003 Contact person & phone #: Jeff Van Skike 602-256-4335 2. Firm's Name: City of Scottsdale Address: 9191 E San Salvador Scottsdale AZ 85258 Contact person & phone #: Rnh Fnrc�zt-h 480-312-5(;' q 3. Firm's Name: City of Tempe Address: 31 E 5th Street Tempe, AZ 85281 Contact person & phone #: Pete DeMott 480-350-8565 IS THIS AN ALL OR NOTHING BID? Yes IV. BIDDER'S SIGNATURE Bidders are required to sign bid below. Bidder's failing to sign bid will be considered non- responsive and their bid will not be considered. AUTHORIZED SIGNATURE PRINTED NAME AND TITLE TELEPHONE / FAX NUMBER NAME OF FIRM Richard Francis 602-997-6365 / 602-870-4922 Southwest Slurry Seal, Inc. ADDRESS OF FIRM 2110 W Shangri La Road Phoenix, AZ 85029 -m \\earth\BBrannon\Dept Corr\Tom Ward\SW Slurry Letter of Agreement.doc TAIN 190 � that is February 25, 2004 Mr. Rich Francis Southwest Slurry Seal, Inc. 22855 N. 21st Avenue Phoenix, AZ 85027-2034 Dear Rich: Town of FOUNTAIN HILLS Public Works Department EXHIBIT B In order for the Town of Fountain Hills to utilize the Chandler contract for street maintenance, staff needs to have you sign this letter of agreement with prices not to exceed. The following prices per ton are: Slurry Seal (Type II Dry Aggregate) $ 58.96 per ton Emulsion/PMQS-h $165.00 per ton Microsurfacing (Type III Dry Aggregate) $ 76.06 per ton Emulsion/CSS-lh $215.00 per ton If you are in agreement, please sign in the space provided below. Thank you for your consideration in this year's street maintenance project. We look forward to our continued relationship. Respectfully, Thomas L. Ward Director of Public Works TLW:bb Acknowledged: — Date: Rich Francis, Vi e-President 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 PROPOSED STREET MAINTENANCE V '03-'04 PUBLIC WORKS DEPARTMENT LEGEND ® '03-'04 PUBLIC WORKS (SLURRY TYPE 11) ® '03'04 MICRO SURFACE 3 g GATED �1 `J i ruarro "*A BLw O NORTH NOT TO SCALE PLOT DATE: 3-25-2004 P Q4% BAUM BLVD i 0ooEo Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 4/1/04 Contact Person: Molly Bosley, Planning/Zoning Administrator 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: Plat Abandonment Council Prioritv (Check Appropriate Areas: ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:[--] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-10 abandoning whatever right, title or interest the town has in the "Final Plat of Lot 20A", a lot join of lots 19 & 20, Block 3, Final Plat 423. Case #S2004-05. Staff Recommendation: Approve Fiscal Impact:; No Purpose of Item and Background Information: This is a request by Kevin Kristick, to abandon the "Final Plat of Lot 20A", an existing one lot residential subdivision. On September 2, 1999, Town Council approved the "Final Plat of Lot 20A", which is an assembly of Lots 19 and 20, Block 3, Final Plat 423. Mr. Kristick, the current property owner, wishes to abandon the current plat, and revert back to lots 19 and 20 to allow for the construction of a single-family residence on each lot. List All Attachments as Follows: Staff Report; Plat Map; Resolution; Application; Letter of Request Type(s) of Presentation: N/A Signatures of Submitting Staff: r Deg rtment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION vftw TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: March 24, 2004 through Tim Pickering, Town Manager.. FR: Molly Bosley, Planning Zoning RE: Resolution 2004-10; Request to abandon Administrator through To , DireMtthe "Final Plat of Lot 20A"; Case S2004-05 Public Works le LOCATION: 16218 E. Ocotillo Drive. aka "Final Plat of Lot 20A" REQUEST: Consider the approval of Resolution 2004-10; abandonment of the "Final Plat of Lot 20A", a two -lot replat of Final Plat 423, Block 3, Lots 19 and 20. DESCRIPTION: OWNER: Kevin Kristick APPLICANT: Kevin Kristick EXISTING ZONING: "R1-35" EXISTING CONDITION: Developed LOT SIZE: 180,562.04 square feet (4.15 acres) SURROUNDING LAND USES AND ZONING: NORTH: Colony Wash SOUTH: Single-family residence; zoned "R1-35" EAST: Single-family residence; zoned "R1-35" WEST: Single-family residence; zoned "R1-35" SUMMARY: This is a request from Kevin Kristick to abandon the "Final Plat of Lot 20A", an existing one lot residential subdivision. On September 2, 1999, Town Council approved the "Final Plat of Lot 20A", which is an assembly of Lots 19 & 20, Block 3, Final Plat 423. The purpose of the lot join was to allow the property owner greater flexibility to construct a single residence on the subject property. Mr. Kristick wishes to abandon the current plat, and revert back to lots 19 & 20 to allow the construction of a single-family residence on each lot. EVALUATION: The approval of this request will abandon the existing one lot plat and revert to Lots 19 & 20, Block 3, Final Plat 423. Lots 19 and 20 meet the minimum required lot size and dimensions of the "R1-35" Zoning District in which they are located. If this request is approved, the development of lots 19 & 20 are required to be consistent with Section 5.11 "Land Disturbance Standards" of the Zoning Ordinance, which limits the area of disturbance to no more than four times the footprint of the structure(s) or 20% of the "hillside" (slopes over 15% gradient) and 100% of the non -"hillside" portions of the lot. In addition, the property owner is agreeable to preserving the Hillside Preservation Easement granted with the adoption of the existing plat resulting in no net loss of *40, HPE on the property as it reverts back to two lots. Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded subdivision, by Town Council approval. After Town Council approval of the Abandonment Resolution and after the abandonment resolutions are recorded with the Maricopa County Recorder's Office, the subdivision will be removed from the official maps. Staff finds that Lots 19 and 20 meet the minimum zoning regulations and site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of Resolution 2004-10; the abandonment of the "Final Plat of Lot 20A" with the following stipulation: 1. Prior to resolution recordation and plat abandonment, the applicant shall submit a Hillside Preservation Easement over the properties for review and approval by the Town. n ) G r ;; ill 2k . ; 0 I r- > M Z r- I � 0 co -n m 0 N --I Z O > I -n � Z r- r- 0 r- � � i - � N W Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:® Meeting Date: 4/01/04 Contact Person: Molly Bosley, Planning/Zoning Administrator 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: Code Enforcement Update Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: UPDATE on CODE ENFORCEMENT ACTIVITY by Planning and Zoning Administrator Molly Bosley. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This item was requested by Town Council during the regularly scheduled March 4, 2004 Town Council meeting. Since July 2003, the Town has been working on implementation of a Code Enforcement program designed to proactively protect the residential atmosphere of the Town's neighborhoods and to maintain and enhance the appearance of businesses. This update will provide information on the current status of the program, major milestones and achievements to date, and future steps. List All Attachments as Follows: Staff Report; PowerPoint Presentation Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: De rtment He Town NIanager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF PLANNING AND ZONING �.. INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: March 24, 2004 through Tim Pickering, Town Manager FR: Molly Bosley, Pla 'n nd Zoning RE: Code Enforcement Update Administrator - V The Code Enforcement program has been operating successfully since its inception in July 2003. With the assistance of John Poole of Willdan, the program is fully developed and under the direction of the Town. The program utilizes a humanistic approach by concentrating on voluntary compliance and assistance with solving issues creating code violations. By working with property owners, the program seeks to instill an atmosphere of cooperation by informing violators and then working together to achieve compliance. A summary of the major milestones and accomplishments since July 2003 is provided below. 1. Two officers were hired, Adrian Davis and Charlie Fleck. These officers have been trained and have successfully completed their probationary period with the Town. Both officers will be taking the national certification examination from the American Association of Code Enforcement later this spring. Upon successful completion of these exams they will carry the Certified Zoning Officer designation (CZO). 2. Equipment and vehicles from the Marshal's Department have been recycled and are being utilized by the officers. 3. A Policy and Procedures Manual has been developed and implemented. 4. Through March 22, 2004, officers have responded to 1,280 cases. These requests involved the following actions: Abandoned Vehicles 31 Business License 156 Construction Debris 14 Construction New — Permit 9 Illegal Dumping 1 Noise - Animals 16 Outdoor Storage 1 Public Nuisance 85 Signs* 181 Unsheltered Vehicles 3 Unsightly Premises 33 Yard Parking 384 Zoning 243 No Violation 107 Other 16 *Sign violation breakdown as follows: A -Frame (92), Neon signs (18), and general sign violations (71). 5. Emphasis has been given to business license enforcement by contacting transient type businesses and signage violations with the Town's adoption of new signage regulations pertaining to A -Frame and neon signs. 6. Officers have been providing public education appearances including talking with neighborhood groups. In addition, articles and information have appeared on Channel 11, the Compass newsletter, the Town's website, and through the distribution of informational brochures. The Town also created a mascot, "Cactus Cody", to assist in the public information process by creating an easily recognizable character. 7. Officers have been proving coverage one Saturday each month to assist with code compliance on the weekends. As the program continues, future goals include: 1. Continue to forward requests for prosecution to the Town prosecutor as necessary. 2. Expand public outreach awareness program to ensure all residents and businesses are aware of Town Codes and policies. 3. Continue to provide on -going training to officers and code enforcement support staff. 4. Continue the proactive approach currently being utilized and seek to achieve voluntary compliance to violations identified. 5. Establish volunteer programs or events (i.e. Neighborhood clean-up events, etc). M CODE ENFORCEMENT PROGRAM UPDATE Town of Fountain Hills Town Council Presentation April 1,- 2004 _ CODE ENFORCEMENT MISSION STATEMENT Humanistically promote and maintain standards that preserve and enhance the quality of life for all those who live, work and visit the Town of Fountain Hills. WHY CODE ENFORCEMENT Reduces negative impact to neighborhoods # Property values are maintained *Overall quality of life is improved # Fairness issue *Health and safety of residents is protected ENFORCEMENT POLICY ...Utilize the humanistic approach *Inform violators and give opportunity to comply *Problem solve Public education 2 MILESTONES <#> Two officers were chosen, trained, and successfully completed probation. +> Both officers are in the process of being certified by the American Association of Code Enforcement officers. A Policy and Procedures manual has been developed and implemented. MILESTONES, CONT. +► Equipment and vehicles used by the Marshal's Department have been recycled. Officers are providing coverage one Saturday a month to address weekend violations. Established preliminary automated record keeping system. Minimal negative feedback has been received. 3 SUMMARY OF VIOLATIONS (1,,280 Total) 31 2! 21 8 month period ❑ Jul El Aug El Sept ❑ Oct ❑ Nov ■ Dec 0 Jan ❑ Feb ■ March COMMON VIOLATIONS *Yard Parking — 384 (30%) *Zoning violations — 243 (19%) *Signs — 181 (14%) #Business License — 156 (12%) Public Nuisance — 85 (7%) * (No -violations — 107 Other — 124) 4 SUMMARY OF COMMON VIOLATIONS 400 350 300 250 200 150 100 50 0 o Yard Parking o Business License ■ Public Nuisances 0 Signs o Zoning YARD PARKING /VEHICLE STORAGE Yard Parking - Parking of a vehicle off of a paved driveway Storage of boats, trailers, RVs, etc. in front of primary structure 5 A -FRAME & NEON SIGNS Assisted with implementation of Town's recently adopted sign regulations. All businesses displaying portable and neon signs have been contacted. • Voluntary compliance achieved at all businesses. PUBLIC EDUCATION Cactus Cody {Town website ►'Channel ll ,,*,',,The Compass Newsletter `PCgUS cOz�et- Keeping Fountain Hills Beautiful +►>Code Enforcement pamphlet ,*.,Neighborhood meetings <+►�One-on-one courtesy inspections ENHANCING THE CODE ENFORCEMENT PROGRAM *Continue to forward requests for prosecution to the Town prosecutor. *Expand public outreach awareness program. <+ Continue to provide on -going training to officers. *Continue proactive approach. # Establish volunteer programs or events (I.e. Neighborhood clean-up events). Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 4/l/04 Contact Person: TPickering Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda wording: REPORT explaining responsibilities and guidelines for the Civic Center Phase II exterior design and the status of the project. Staff Recommendation: Approve Fiscal Impact: No ►$00 Purpose of Item and Background Information: The purpose of this report is to identify the individuals who will be charged with the responsibility of providing recommendations to the Town Council for an aesthetically designed civic center project that will include exterior style, landscaping and art components. Councilmembers Archambault and Stevens have already volunteered their time and the Town Manager plans on asking a Planning and Zoning Commissioner, local architect, and possibly a citizen. Additionally, the Town Manager will update the Council on discussions with the Senior Center. List All Attachments as Follows: None Type(s) of Presentation: Verbal Signatures of Submitting Staff: Depart ent ead Town Manager IR Budget Review (if item not budgeted or exceeds budget amount) Sent By: HOLDER CONST CO; 6022245202; 24 Mar 04 8:16; Job 61; Pace 9;11 Ll y ® a � G 3 _ ~ 7S n N � C H �,• C CL o+ s - U n E c VA '5,"Sm® IL Q y� a j MZ d y T75 ,_. N u m� ^ CL s `DOE $ p = C. V N a to O c it m oa _ ® a ENw. d or Z, i. z z m 03 Ln m co tG O d ta'7 r Z n 'N O g I$ M � N 'O I '''� O Q� fd N LI O N cn LL O ,N O O 007 O O O O O O O O O O O O ! 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Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent: ❑ Regular: Meeting Date: 04/01/04 Contact Person: Denise Lacey, Planner Requesting Actions® 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: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of a Preliminary Plat for the Villas at Fountain Hills Resort to be located at the northeast corner of Palisades Boulevard and Shea Boulevard aka Final Plat "Fountain Hills Resort", Lot 1. Case number S2003-15. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request for a preliminary plat approval of a 71- unit multiple -family condominium subdivision. This project is located north of Shea Boulevard and east of Palisades Boulevard. On February 26, 2003 Town Council approved rezoning of this area from L-1 to R-4 and a development agreement. The development agreement addressed reduced setbacks and cut and fill waivers. The project has changed slightly since approval. Staff is impressed with the improvements the developer made to the layout of these units providing a community feel to the project. The attached report will review several aspects of the project. List All Attachments as Follows: Staff Report, Plat Maps Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT ... STAFF REPORT TO: Mayor and Town Council DT: March 19, 2004 FR: Denise Lacey, Planner throu RE: Villas at Fountain Hills Resort Molly Bosley, AWP9 Planning & Zofffing Preliminary Plat. Case Number S2003-15. Administrator "a This request is for consideration of a Preliminary Plat for the Villas at Fountain Hills Resort to be located at the northeast corner of Palisades Boulevard and Shea Boulevard aka Final Plat "Fountain Hills Resort", Lot 1. APPLICANT: Fountain Vista Properties, LLC OWNER: Fountain Vista Properties, LLC EXISTING ZONING: R-4 EXISTING CONDITION: Vacant Land LOT SIZE: Entire Site 23.03 acres. Subdivision area 9.91 acres SURROUNDING LAND USES AND ZONING: NORTH: Open Space zoned "OSR" and Existing Single Family Residential zoned "R1- 10" and "R 1-43" *,'"' SOUTH: Open Space zoned "OSR" and Shea Boulevard EAST: Open Space zoned "OSR" and Existing Single Family Residential zoned "R1- 10" WEST: Existing Residential zoned "R1-43" and Vacant Multi -Family Residential zoned "M-l" SUMMARY: This is a request for a preliminary plat approval of a 71-unit multiple -family condominium subdivision. This project is located north of Shea Boulevard and east of Palisades Boulevard. The project proposes two -access locations from Palisades Boulevard. The northern access is proposed to act as the main entrance with access to both the subdivision and the proposed Fountain Hills Resort. The southern access will be primarily for the residents of the subdivision project and will allow right in, right out only. The interior circulation system consists of a loop drive with drive aisles and cul-de-sacs. The proposed preliminary plat includes 5' sidewalks throughout the development, with pedestrian access to Palisades Boulevard. The individual unit sizes range from 1,617 square feet to 2,691 square feet. Each unit has a garage. Most of the garages are two -car, 18 of the units have one -car garages. Additional parking is Villas at Fountain Hills Resort Preliminary Plat Case Number S2003-15 M provided on the plat. Building heights vary from one-story to two-story stepping with the topography not exceeding 30' from the natural grade. The adjacent Resort will accommodate amenities. EVALUATION: On February 26, 2003 Town Council approved rezoning of this area from L-1 to R-4 and a development agreement. The development agreement addressed reduced setbacks and cut and fill waivers. The project has changed slightly since approval. Staff is impressed with the improvements the developer made to the layout of these units providing a community feel to the project. The following report will review several aspects of the project. Conformance with the Subdivision Ordinance and Zoning Ordinance: Setbacks. This project is required a 30' rear yard setback and observes a 5' setback. This is in conformance with the Development Agreement. Cut and Fill. This project will require, due to topographic issues, cuts and fills in excess of the 10' allowed by ordinance. The maximum fill height is 16.3' and the maximum cut is 26.4'. The Development Agreement negates the requirement of cut and fill waivers for this project provided the Developer work with Staff to minimize the amount of cut and fill. Hillside Protection Easement. This project is governed by the Development Agreement regarding the on -site Hillside Protection Easement. However, the "Offsite Storm and Sanitary Sewer" are located within the adjacent Hillside Protection Easement. Staff and the Developer have worked with the Fountain Hills Sanitary District to determine exact placement of the sanitary sewer and it is the requirement of the Fountain Hills Sanitary District that the main sewer line be gravity fed thus requiring placement within the HPE. Total area needed for the off -site sewer is 4.25 acres. A stipulation of approval will require the revegetation and maintenance of the HPE designation. Roadway Analysis. The roadway is in conformance with the Subdivsion Ordinance. Sidewalk Design. The 5' sidewalk as shown is located on one side of the street only. The Subdivsion ordinance requires that sidewalk be on both sides of the street. Staff feels that the sidewalk design as shown is adequate for this development as it is an interior roadway, not public. Parking Requirements. The Zoning Ordinance requires 2.25 parking spaces per unit, for a total of 160 required spaces. 49 units provide two -car garage parking resulting in a total of 98 spaces. 22 units provide one -car garage parking resulting in 22 spaces resulting in a total of 120 spaces accommodated by garages. Open parking in the loop road and cul-de-sacs accommodates the remaining 40 spaces. P,e2oI'4 Fountain )dills Villas I'Vdoc Villas at Fountain Hills Resort Preliminary Plat Case Number S2003-15 Building Height. Building heights vary from one story to two-story stepping with the topography do not exceed 30' from the natural grade. No building will exceed 40' from proposed grade. This issue is covered in the Development Agreement, which states, "This waiver of the Town's height requirements shall nevertheless limit the maximum height of each building to 30 feet above the natural grade, not to exceed 40 feet above the finished grade. Thus the plan meets the stipulation of the Development Agreement. The Planning & Zoning Commission reviewed this application at their February 17, 2004, meeting. Concerns expressed by Commissioners included close proximity of buildings to lot lines (especially as the setbacks relate to the rear yard) and 24' drive aisles instead of 26' drive aisles. The Commission voted to recommend approval of this preliminary plat, with stipulations, by a vote of six yes and one no. RECOMMENDATION The Planning & Zoning Commission and Staff recommend Town Council approval of the Preliminary Plat for Fountain Hills Resort Villas including an allowance of disturbance of up to 4.25 acres of off -site (tract A, Palatial Estates) Hillside Protection Easement and permission to rough grade hotel site area concurrent with condominium site construction, with the following stipulations. 1) The disturbed Hillside Protection Easement, for utility line purpose, must be revegetated and maintained as Open Space/Hillside Protection Easement with an allowance for Sanitary District access route. 2) Obtain recordable agreement or easement from Palatial Estates for placement of sanitary sewer line prior to final plat approval. 3) Show acreage for legal description purposes. 4) Research the possibility of moving retaining walls behind sidewalks. 5) Complete sidewalk connection adjacent to area VI and X. 6) The Palisades/Shea improvements required for this first phase of project include: a. $50,000 contribution for westbound right lane on Shea at Palisades or other public street improvements as approved by the Town Engineer. b. Right deceleration lane at south entrance. c. Northbound right turn deceleration lane, southbound left turn deceleration lane and southbound left acceleration lane at north entrance. d. Sidewalk on Palisades Boulevard, south entrance to Shea Boulevard, and north entrance to Westridge Estates. 7) Applicant must submit plans for approval prior to commencement of rough grading. 8) Widen cul-de-sac leading to unit VH1 from the current 26' width to 32'. 9) Designate residential visitor parking accommodated on hotel site (on access roadway) and provide a recordable shared parking agreement. 10) 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 Fountain Hills Villas PP.doc Page 3 of 4 Villas at Fountain Hills Resort Preliminary Plat Case Number S2003-15 the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the subdivision. 11) The Town's approval is also conditioned on the developer of the Subdivsion not submitting a request to the State Real Estate Commissioner for a public report for the Subdivsion under A.R.S. §§ 32-2181 through 32-2183 prior to the Department' issuance of the written notice as described in (8) (i) or (8)(ii) above." 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R033�Yai D RE E v aE gg -s �YzF:es EE: S y} < E 3Y �f�I3 Ea E"_e YE �Y6 °y e W z1 h J_ N.pi ¢yyyg nN7al � Y'Be 49 Mnwi 9t iii4: a� m O_ L J Im Rr Z ' q •� Q CL q 6 C.- IJJ a Y r ofGr i • Q z i do _ �. _ ors , _ • Nib_ -- s; �`� _ _ - -_ Z< qt <� j Ulm | �� j k « I \\« }� / V) Z: ( 9 ,- ± �/ ` \ \ 0` \ \| }_ f /| � �r «ƒ¥ `� ;|• \ � m « � 7® � $ it 241 I?V 1.I �, akI ! all i kk! kh| I \|i U LLJ CL De Z�m `fro k J �z� 'rorJ, ro 3�R LU W CZLI des aki N ZU :1� A gi l s TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT MEMO TO: Tim Pickering, CEcD, Town Manager DT: March 22, 2004 FR: Denise Lacey, Planner throu RE: Request by Sign Committee for Molly Bosley, AICP g & Zoning Extension of Deadline for Presentation to Administrator and Town Council Tom Wy,�:,Tyblic orks Director The Committee is very pleased with their progress to date however; they do not feel that the task, which was set before them, is complete. Based upon this statement the Sign Committee requests additional time in which to complete their task and prepare their recommendation to Town Council. The Sign Committee is currently meeting bi-weekly. Discussions held in these meetings are very productive and progressive. Staff suggests that an additional 60 days be allowed for this planning process. Thank you. ACKNOWLEDGMENT OF EGGSTRAVAGANZA SPONSORS On behalf of myself, the members of the Town Council and Staff, and the residents of Fountain Hills, we wish to recognize the contribution, for the second straight year, of The Goyena's and MCO Realty for their sponsorship of the 2004 "Eggstravaganza" to be held this Saturday, April 3ra The "Eggstravaganza" is a wonderful tradition for Fountain Hills, began many years ago by volunteers at Fountain Park with thousands of hard-boiled eggs. The event is now held at Golden Eagle Park and consists of over 12,000 plastic eggs stuffed with candy and toys and continues to be an EGGS -citing time for both children and their families each year. Our appreciation to The Goyena's and MCO Realty for their 4..,. willingness to serve their community through their continued sponsorship of this unique Town event. Thank you. 9999999999999 9 9 9 9 . 9 Town of Fountain Hills Proclamation Office of the Mayor Whereas, the active participation of an informed citizenry is the single most important factor in the continued well being of local, state, and national government; and Whereas, in the words of President Grover Cleveland upon accepting the nomination for Governor of New York, "Public officers are the servants and agents of the people, to execute the laws which the people have made;" and Whereas, according to Thomas Jefferson, "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be;" and Whereas, the Town of Fountain Hills, functioning as a government by the people, is dependant on informed, thoughtful citizens for the formulation of its laws and establishment of its policies through the election of its officers; and Whereas, the Fountain Hills Civic Association, one of the first organizations in Fountain Hills, from its founding in 1973 has been committed to promoting activities that will preserve and enhance the civic, cultural, economic, environmental and social qualities of life in our town; and Whereas, the Civic Association in partnership with the Town of Fountain Hills government is sponsoring "Our Town," a six -session public information program designed to update long-time citizens on town affairs, introduce new residents to town government and provide all with the opportunity to get to know key staff people; and Whereas, the "Our Town" course begins on Wednesday, April 14, 2004; Now, therefore, 1 Wally Nichols, Mayor of the Town of Fountain Hills, Arizona, hereby declare April 14th to be: "Get to S.✓ 0 ° Atte t ti `P r Town' Day" . J. Nichols, Mayor yn J. Bender, Town Clerk 0999 9 9999999999 999P b 1P V r� Q 9 9