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HomeMy WebLinkAbout2004.0617.TCRM.PacketTAIIN o � v.. 3 0. 4 �• f4C 1909 that is Axe NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilwoman Kathleen Nicola Councilman Ed Kehe Councilman Jay Schlum WHEN: THURSDAY, JUNE 179 2004 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL ,one 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 oil 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 durin the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Pastor Todd Knock, First Baptist Church • ROLL CALL — Mayor Nichols E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 6-17-04.doe Page 1 of 3 Last printed 6/15/2004 8:47 AM L1 5 min 14.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. to min. 15.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. Requested by Councilman Ed Kehe — Request staff to conduct research to determine the most cost effective method of contracting for grant writing services. 16.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:20 17.) ADJOURNMENT. p.m. DATED this 15`s day of June, 2004 /'t'--'ti 2C' Bevelyn J. 191end5y.;Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800- 367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's ofce. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 6-17-04.doc Page 3 of 3 Last printed 6/15/2004 8:47 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:[] Meeting Date: 6/17/04 Contact Person: Bender 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: 6/1/04 & 6/4/04 draft 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 ❑ Finance Regular Agenda Wording: CONSIDERATION of approving the COUNCIL MEETING MINUTES of 6/1/04 and 6/3/04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: draft minutes Type(s) of Presentation: none Signatures of Submitting Staff: Department Head -- c` r` r Town Manager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:[] Meeting Date: 6/17/04 Contact Person: Requesting Action:❑ TvDe of Document Needing Approval (Check all that a ❑Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance . Regular Agenda Wording: Presentation of the Maricopa County Multi -Jurisdictional All Hazard Mitigation Plan by Margaret Ayala. ,"W Staff Recommendation: Approve. Fiscal Impact: No $ Purpose of Item and Background Information: To familiarize the Council with the All Hazard Mitigation Plan List All Attachments as Follows: Staff report and Maricopa County memo to Council Type(s) of Presentation: Signatures of Submitting Staff: D artment Hea Towh Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: June 16, 2004 FR: ATRard, Director of Public Works RE: Hazard Mitigation Plan .� Across the United States, natural and human -caused disasters have led to increasing levels of death, injury, property damage, and interruption of business and government services. The toll on families and individuals can be immense and damaged businesses cannot contribute to the economy. The time, money and effort to respond to and recover from these disasters divert public resources and attention from other'important programs and problems. With 71 federal or state declarations, 381 other events, and a combined total of 452 disaster events recorded, the 27 jurisdictions contained within Maricopa County, Arizona recognize the consequences of disasters and the need to reduce the impacts of natural and human -caused hazards. The elected and appointed officials of both Maricopa County and the Town of Fountain Hills also know that with careful selection, mitigation actions in the form of projects and programs can become long-term, cost effective means for reducing the impact of natural and human -caused hazards. Applying this knowledge the Maricopa County Hazard Mitigation Planning Group and the Town of Fountain Hills Hazard Mitigation Planning Team have collaborated to prepare this Multi -Hazard Mitigation Plan. With the support of various Town officials, URS Corporation consultants, the State of Arizona, Maricopa County Department of Emergency Management, and the Federal Emergency Management Agency (FEMA), this plan is the result of nearly a year's worth of work to develop a multi -hazard mitigation plan that will guide the Town toward greater disaster resistance in full harmony with the character and needs of the community and region. People and property in the Town of Fountain Hills are at risk from a variety of hazards that have the potential for causing widespread loss of life and damage to property, infrastructure, and the environment. The purpose of hazard mitigation is to implement actions that eliminate the risk from hazards, or reduce the severity of the effects of hazards on people and property. Mitigation actions are both short-term and long-term activities that reduce the cause or occurrence of hazards; reduce exposure to hazards; or reduce effects of hazards through various means to include preparedness, response, and recovery measures. The Town of Fountain Hills Hazard Mitigation Plan has been prepared in compliance with Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act or the Act), 42 U.S. C. 5165, enacted under Sec. 104 the Disaster Mitigation Act of 2000, (DMA 2000) Public Law 106-390 of October 30, 2000. This plan identifies hazard mitigation measures intended to eliminate or reduce the effects of future disasters throughout the Town and County, and was developed in a joint and cooperative venture by members of the Maricopa County Hazard Mitigation Planning Team and the Town of Fountain Hills Hazard Mitigation Planning Team. EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 1 of 6 Following each major disaster declaration, the Town is required to review and update the Plan's goals, objectives, and actions. Additionally, plans must be reviewed, revised if appropriate, and resubmitted for approval within five years in order to continue to be eligible for HMGP project grant funding. It is however, recommended that the plan be reviewed annually to ensure it remains current. Updates, amendments, or plan revisions should be submitted to FEMA for review. If updates are not necessary, the Town should notify FEMA in writing that the plan was reviewed and it is determined that a plan update is not required. Updates may include new policy guidance or changes in program administration. Annual updates are an eligible activity under the Hazard Mitigation Grant Program (HMGP). The Disaster Mitigation Act of 2000 addresses a range of topics, focused primarily on the importance of pre -disaster infrastructure mitigation planning to reduce disaster losses nationwide and the control and streamlining of the administration of federal disaster relief and programs to promote mitigation activities. According to the Act, the purpose of Title I — Predisaster Hazard Mitigation is: ...to establish a national disaster hazard mitigation program — (1) to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and (2) to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster. Major provisions of the Act include the following: funding for pre -disaster mitigation activities; developing multi -hazard maps to better understand risk; establishing state. and local government infrastructure mitigation planning requirements; defining how states can assume more responsibility in managing the Hazard Mitigation Grant Program (HMGP); and, adjusting ways in which management costs for projects are funded. It is important to note that this document is designed as an instrument of mitigation primarily for natural disasters and other environmentally related events. Although some human involvement is implied with many of the hazards profiled herein, this document is not intended to address the prevention or mitigation of the possible impacts of terrorist activity. The term terrorism encompasses intentional, criminal or malicious acts involving Weapons of Mass Destruction (WMDs), including biological, chemical, nuclear, and radiological weapons; arson, incendiary, explosive, and armed attacks; industrial sabotage and intentional hazardous material releases; and cyber-terrorism (attacks via computer means). Therefore, while such a terrorist event could possibly trigger a response that is addressed through this document (e.g., chemical release), it is not the intent of the Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan or the State of Arizona Enhanced Hazard Mitigation Plan to preemptively address these specific events. Included in this plan is a description of parallel processes that are now underway to address terronsm. The Town of Fountain Hills Hazard Mitigation Plan has been prepared in compliance with Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 2 of 6 or the Act), 42 U.S. C. 5165, enacted under Sec. 104 the Disaster Mitigation Act of 2000, (DMA 2000) Public Law 106-390 of October 30, 2000. FEMA has further clarified the hazard mitigation planning requirements of the Act in a number of Interim Final Rules. FEMA has also clarified its methodology for evaluation of the hazard mitigation plans under DMA 2000 in an Interim Criteria document as well as provided significant methodological assistance with its related How -To Guides. The State of Arizona Enhanced Mitigation Plan is based on the Act, the Interim Final Rules, and related documents. On February 26, 2002, the Federal Emergency Management Agency (FEMA) published an Interim Final Rule in the Federal Register that established the hazard mitigation planning requirements enacted in the Disaster Mitigation Act of 2000. This rule addresses state mitigation planning, identifies new local mitigation planning requirements, authorizes Hazard Mitigation Grant Program (HMGP) funds for planning activities, and increases the amount of HMGP funds available to States that develop a comprehensive, enhanced mitigation plan. This rule also requires that repairs or construction funded by a disaster loan or grant must be carried out in accordance with applicable standards and says that FEMA may require safe land use and construction practices as a condition of grantees receiving disaster assistance under the Stafford Act. FEMA published a new Interim Final Rule in the October 1, 2002 Federal Register, whose primary purpose was to extend the. date that state and local mitigation plans must be completed to be eligible for post -disaster assistance from November 1; 2003 to November 1, 2004. FEMA prepared further guidance to assist states, local, and tribal governments to meet the new DMA 2000 planning requirements through a document titled State and Local Plan Interim Criteria Under the Disaster Mitigation Act of 2000. The document has two major objectives: ■ To help federal and state reviewers evaluate mitigation plans from different jurisdictions in a fair and consistent manner; and ■ To help state and local jurisdictions to develop new mitigation plans or modify existing ones in accordance with the criteria of Section 322. The requirements for an enhanced hazard mitigation plan according to the Interim Criteria are defined in tables with the corresponding Town of Fountain Hills Hazard Mitigation Plan sections. As noted above, the Town of Fountain Hills Hazard Mitigation Plan has been prepared in compliance with the Disaster Mitigation Act of 2000, the Interim Final Rules, and related documents. In addition to complying with the legislation, the overall purpose of the plan is to establish a comprehensive disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural and human -caused disasters in the community. A more detailed description of the goals of the Town of Fountain Hills Hazard Mitigation Plan may be found in Section 8 of this document. This plan has been prepared by the Town of Fountain Hills with the assistance of the Maricopa County Department of Emergency Management and URS Corporation. EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 3 of 6 The Hazard Mitigation Plan for the Town of Fountain Hills is intended to serve many purposes. These include the following: • Enhance Public Awareness and Understanding — to help residents of the Town better understand the natural and human -caused hazards that threaten public health, safety, and welfare; economic vitality; and the operational capability of important institutions; • Create a Decision Tool for Management — to provide information that managers and leaders of local government, business and industry, community associations, and other key institutions and organizations need to take action to address vulnerabilities to future disasters; ■ Promote Compliance with State and Federal Program Requirements — to insure that the Town of Fountain Hills can take full advantage of state and federal grant programs, policies, and regulations that encourage or mandate that local governments develop .comprehensive hazard mitigation plans; ■ Enhance Local Policies for Hazard Mitigation Capability — to provide the policy basis for mitigation actions that should be promulgated by participating jurisdictions to create a more disaster -resistant future; and • Inter -Jurisdictional Coordination of Mitigation -Related Programming — to ensure that proposals for mitigation initiatives are reviewed and coordinated between the Town of . Fountain Hills and the other jurisdictions contained within Maricopa County; and ■ Regulatory Compliance — To qualify for certain forms of federal aid for pre and post - disaster funding, local jurisdictions must comply with the federal Disaster Mitigation Act of 2000 (DMA 2000) and its implementing. regulations (44 CFR Section 201.6, published' February 26, 2002). DMA 2000 intends for hazard mitigation plans to remain relevant and current. Therefore, it requires that State hazard mitigation plans are updated every three years and local plans, including the Town of Fountain Hills, every five years. This means that the Hazard Mitigation Plan, for the Town of Fountain Hills uses a "five-year planning horizon". It is designed to carry the Town through the next five years, after which its assumptions, goals, and objectives will be revisited and the plan resubmitted for approval. In the past, federal legislation has provided funding for disaster relief, recovery, and some hazard mitigation planning. The Disaster Mitigation Act of 2000 (DMA 2000) is the latest legislation to improve this planning process and was put into motion on October 10, 2000, when the President signed the Act (Public Law 106-390). The new legislation reinforces the importance of mitigation planning and emphasizes planning for disasters before they occur. As such, this Act establishes a pre -disaster hazard mitigation program and new requirements for the national post - disaster Hazard Mitigation Grant Program (HMGP). Section 322 of the Act specifically addresses mitigation planning at the state and local levels. It identifies new requirements that allow HMGP funds to be used for planning activities, and increases the amount of HMGP funds available to states that have developed a comprehensive, enhanced mitigation plan prior to a disaster. States and communities must have an approved mitigation plan in place prior to receiving post -disaster HMGP funds. Local and tribal mitigation plans must demonstrate that their proposed mitigation measures are based on a sound planning process that accounts for the risk to and the capabilities of the individual communities. EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 4 of 6 DMA 2000 is intended to facilitate cooperation between state and local authorities, prompting them to work together. It encourages and rewards local and state pre -disaster planning and promotes sustainability as a strategy for disaster resistance. This enhanced planning network will better enable local and state governments to articulate accurate needs for mitigation, resulting in faster allocation of funding and more effective risk reduction projects. To implement the new DMA 2000 requirements, FEMA prepared an Interim Final Rule, published in the Federal Register on February 26, 2002, at 44 CFR Parts 201 and 206, which establishes planning and funding criteria for states and local communities. The Hazard Mitigation Plan for the Town of Fountain Hills, Arizona has been prepared to meet FEMA requirements thus making the Town eligible for funding and technical assistance from state and federal hazard mitigation programs. The Town of Fountain Hills Hazard Mitigation Plan consists of the following primary functions: Community Description To provide an adequate background for the hazard profiles and risk assessments that are presented in subsequent chapters both the Town of Fountain Hills and Maricopa County were described in some detail. These descriptions include a general history and background for these jurisdictions, and also include discussion regarding the historical trends for demographic, population, and economic conditions that haveshaped these areas. Community profiles also include a brief identification of growth trends and general plan themes that are currently being experienced in the area. Historical Record, Hazard Profiles, Vulnerability Assessment Through this procedure the planning team identified and compiled relevant data on all potential natural hazards that threaten jurisdictions in Maricopa County. Information collected includes historical data on natural hazard events that have occurred in and around participating jurisdictions and how these events impacted their people and property. Based upon historical occurrences and best available data from agencies such as FEMA and the National Weather Service, the planning team identified and described all natural hazards that threaten jurisdictions in Maricopa County. Detailed hazard profiles include information on the frequency, magnitude, location and impact for each hazard in addition to estimating the probabilities for future hazard events. Maps are included to delineate identified hazard areas and previous hazard occurrences. Risk Assessment This section reflects the collection and integration of the best available data, including an inventory of assets that may be affected by natural hazards such as people, housing units, critical facilities, special facilities, infrastructure and lifelines, hazardous materials facilities and commercial facilities. This data was compiled by assessing the potential impacts from each hazard using FEMA's Hazards U.S. (HAZUS) multi -hazard loss estimation model and other risk modeling techniques. The subsequent information provides local jurisdictions in Maricopa County with information EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 5 of 6 that outlines the full range of hazards they face and potential social impacts, damages and economic losses. Capability Assessment, GOA Based upon the findings of the capability assessment and the risk assessment, the consultant team worked with the Town of Fountain Hills Hazard Mitigation Planning Team towards drafting an overall mitigation strategy for the City. These groups collaborated to engage in an interactive planning process by facilitating discussion on possible mitigation activities and by gaining consensus on the identification of the general planning goals and target objectives for the. hazard mitigation plan. Based upon these goals and objectives, the Town of Fountain Hills reviewed and adopted a comprehensive range of appropriate mitigation measures to address the many risks facing the community. Such measures include preventive actions, property protection techniques, natural resource protection strategies, structural projects, emergency services and public information and awareness activities. EADept Corr\Tom Ward\Hazard Mitigation Plan Staff Report.doc Page 6 of 6 • Maricopa County �• Department of Emergency Management 2035 N. 52°d street May 4, 2004 Phoenix, Arizona 85008-3403 Phone: (602) 273-1411 Fax: (602) 275-1638 TT: (602) 244-1638 Dear Council Member, As you may recall, in March 2003 the Maricopa County Department of Emergency Management (MCDEM), in collaboration with representatives of your community, initiated the preparation of the Maricopa County Multi - Jurisdictional All -Hazard Mitigation Plan. The format of the multi -jurisdictional plan in actuality creates a separate, stand-alone plan for each jurisdiction. The intent of the process, which is now nearing completion, is to address the hazard mitigation planning requirements established under the Disaster Mitigation Act of 2000 (DMA 2000) for the 27 communities participating in the hazard planning process (i.e., Maricopa County unincorporated areas, all of the cities and towns within the county, the Ft. McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community). This memo summarizes some of the relevant highlights of DMA 2000, describes the status of the project, and outlines the remaining steps in the process. DMA 2000 Quick Facts ■ The President signed the Disaster Mitigation Act of 2000 (Public Law 106- 390) on October 30, 2000. DMA 2000 is intended to facilitate cooperation between state and local authorities, and the community -at -large, prompting all to work together. It encourages and rewards local and state pre -disaster planning and promotes sustainability as a strategy for disaster resistance. • The Act established a pre -disaster hazard mitigation program and established new requirements for the national post -disaster Hazard Mitigation Grant Program (HMGP), requiring an approved pre -disaster mitigation plan in order to receive assistance under the Stafford Act. ■ The deadline for having an approved mitigation plan in place was originally set for November 1, 2003. In October of 2002, however, the deadline was extended until November 1, 2004 (Federal Register, October 1, 2002). ■ Section 322 of the Act specifically addresses mitigation planning at the state and local levels, and includes the following specific requirements: ✓ States and tribes (applying directly to FEMA) must have an approved mitigation plan in place prior to receiving post -disaster HMGP funds, or Public Assistance funding under the recovery categories. However the Act also increased the percentage of disaster funds that can be N' �a County (May 4, 2004) L- Went of Emergency (Disaster 1SaSt2T MltlgltlOri Plan) 2035 N. 52,a Street 2 Phoenix, Arizona 85008 Phone: (602) 273-1411 Fax: (602) 275-1638 dedicated to the HMGP for States that develop a comprehensive — "enhanced" mitigation plan (from 15% to 20%). To attain enhanced status, States must establish and maintain programs for providing technical assistance and training to local governments to assist them in applying for HMGP grants and in developing local mitigation plans. These State plans must be reviewed and updated every 3 years. ✓ Communities and Tribes (applying through the appropriate State) must have an approved mitigation plan in place prior to receiving HMGP funds and these plans must be updated every 5 years. ✓ Mitigation plans at all levels much demonstrate that the proposed mitigation actions are based on a sound planning process that accounts for the risk to, and the capabilities of the individual communities. Maricopa County Plan Preparation Process To address the requirements of DMA 2000, MCDEM convened a Countywide Mitigation Planning Group that consists of representatives of all 27 communities participating in the hazard mitigation planning process (i.e., Maricopa County, all of the cities and towns within the county, the Ft. McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community). This group has met several times over the last year to help craft and review important common elements of the plan. In addition, to support the activities of the Mitigation Planning Group and focus on unique community issues, the County has worked with each jurisdiction to convene a Local Mitigation Planning Team. These teams have contributed essential understanding of and infcrmation about the status of hazard mitigation planning in the communities and have developed mitigation goals, objectives, and actions for their communities. Draft Hazard Mitigation Plans The result of the efforts of the Countywide Mitigation Planning Group and the Local Mitigation Planning Teams is a set of jurisdiction -specific Draft Hazard Mitigation Plans. These plans represent a compilation of all of the information necessary to comply with DMA 2000. Following is an outline of this material: 1. Executive Summary: Brief summary of the contents of the Plan. 2. Official Record of Adoption: Explanation of DMA 2000 and documentation of the official action taken to adopt by the Plan. 3. Introduction: General explanation of the purpose and authority of the Plan, as well as the plan preparation process. 4. Jurisdictional Participation Information: Information about jurisdictional -specific contacts and legislative representatives. Noa Co L nentunty of Emergency Management 2035 N. 52^d Street Phoenix, Arizona 85008 Phone: (602) 273-1411 Fax: (602) 275-1638 (May 4, 2004) (Disaster Mitigation Plan) 3 5. Planning Process Documentation: Description of the DMA 2000 public outreach requirements, Local Mitigation Planning Team activities, and public outreach efforts. 6. Community Description: Information on the demographic and physical setting of the community. 7. Risk Assessment: Identification of hazards affecting the community, profile of the major hazards, assessment of the risk associated with the hazards, description of community's vulnerability, and estimation potential losses from the hazards. 8. Mitigation Strategy: The community's strategy for mitigating loss associated with hazards, including goals, objectives, and programmatic actions. 9. Plan Maintenance Procedures: Description of commitment to maintaining the Plan. These draft plans are undergoing final review by the Hazard Mitigation Planning Group and the Local Mitigation Planning Team prior to release for public review, as described below. Remaining Steps/Public Review and Adoption Process Once the plans are prepared for public review, the County will host a series of subregional workshops throughout Maricopa County. These workshops will focus on the information contained in the Draft Plan, with the intent of informing interested citizens about the hazards that might affect their community and allowing them an opportunity to comment on their perceptions and concerns. The County has tentatively scheduled the following workshops: Subregion/Communities Covered Date and Time Location Northeast Valley June 1, 2004 Mustang Library Scottsdale, Carefree, Cave 6:00 PM to 8:00 10101 N. 90th Street Creek, Fountain Hills, Ft. Mc PM Scottsdale (south of Dowell, Salt River Indian Shea) Community, Paradise Valley, NE Phoenix and unincorporated Maricopa Count Northwest Valley: June 2, 2004 Peoria Fire/Police Peoria, El Mirage, Glendale, 6:30 PM to 8:00 Administration Building Surprise, Wickenburg, Young PM 8351 W. Cinnabar Town, NW Phoenix and unincorporated Maricopa n County "NW of Emergency Management 2035 N. 52-1 Street Phoenix, Arizona 85008 Phone: (602) 273-1411 Fax: (602) 275-1638 (May 4, 2004) (Disaster Mitigation Plan) 4 Count Southwest Valley June 9, 2004 Avondale City Hall Avondale, Buckeye, Gila Bend, 6:00 PM to 7:30 Goodyear, Litchfield Park, PM Tolleson, SW Phoenix and unincorporated Maricopa Count Southeast Valley June 10, 2004 Town of Gilbert Council Gilbert, Chandler, Mesa, 5:00 PM to 6:30 Chambers Tempe, Queen Creek, PM 50 E. Civic Center Guadalupe, SE Phoenix and unincorporated Maricopa Count City of Phoenix To be determined To be determined The County will be working with representatives of each community to organize these meetings and to prepare publicity material and announcements concerning them. As the final step in the process, MCDEM will present the Draft Hazard Mitigation Plan to the legislative body of each participating jurisdiction for review and adoption. The County is currently working with each jurisdiction to schedule time on an agenda prior to summer break, preferably by the end of June. Following adoption of the Plan, MCDEM will submit the Plan to the Arizona Department of Emergency and Military Affairs (DEMA), which will review the Plan prior to submitting it to Region IX of the Federal Emergency Management Agency for final review and approval. As noted above, all of this must be completed by November 1, 2004, so adhering to this schedule is essential. As this portion of the project nears completion, we can all take great pleasure in the strides the Maricopa County jurisdictions have taken in planning, acting and thinking regionally. As the years unfold and this mitigation plan is implemented, our task to ensure the safety of our communities will not seem like a task at all. Rather, it will flow naturally as an outcome of the relationships we have built and re -enforced throughout this mitigation process. Thank you for your support and participation. Sincerely, Robert E. Spencer Director Maricopa County Department of Emergency Management Nj �a County (May 4, 2004) 11nent of Emergency (Disaster Mltigatlon Plan) Management 2035 N. 52nd Street rj Phoenix, Arizona 85008 Phone: (602) 273-1411 Fax: (602) 275-1638 Town of Fountain Hills Staff Presentation HILLTOP REZONE CASE# Z2004-03 Vicinity Map 1 iz W, txv.� b1 El t7 �1 Wv �ry=-WESIT a OSR !YN r "' SHILLS) .Os� T H OP AT COPPE D 7 R-5, P ° ° �-- R1-8 ���QSR `12 ,ten , ♦ � J o� u SERA AT �\ �� 22 0-09 View of Lot CURRENT ZONING OSR t 2 v *%W OSR I #1 IN 0 PROPOSED ZONING LR1 - '' ''6 S -7 FHE .,AS AT Hi T P 5 3 66 A s 6 16 BOULDER 70 12 7 AT If 1 F'\ \ 16� 1, 1� 15 3 Town of Fountain Hills Staff Presentation 4 .f u e -4gt'};it u Ate" 4 Zoning Text Amendment Residential Driveway Regulations Existing Regulations • Resolution 1992-27 "Residential Driveway Policy (Approved September 17, 1992) • Additional provisions are provided within Section 7.03(A) of the Zoning Ordinance M" Issues with Current Policy • Rock surfacing is currently permitted — Requires more maintenance — Not handicap accessible — Add to particulate air pollution — Definition is easily misinterpreted • Multiple locations for development information — policy needs to be codified Recommendations • Resolution 1992-27 will be repealed in its entirety. • Ordinance 2004-05 will incorporate and codify the residential driveway policy into Section 7.03, Design and Location of Parking Spaces 2 M Revisions to Driveway Policy • Expansion to include mobile homes and multiple - family residences of four or less dwelling units • All driveways must be hard paved surfaced • Limit back -out driveways in Avenue of the Fountains, Eagle Ridge, Sunridge, Panorama, and Technology • Removal of Section 4(c) of the Resolution • Minor word changes as per legal review Maricopa County Multi - Jurisdictional All -Hazard Mitigation Plan Northwest Valley Community Workshop June 2, 2004 Overview 1. Phases of Emergency Management 2. Hazard Mitigation Planning 3. DMA 2000 4. Mitigation Plan Development Process/Stages 5. Mitigation Plan 6. Next Steps 7. Questions and Comments Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 1 Phases of Emergency Management 1 4 2 3 Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Phases of Emergency Management Phase 1 Mitigation Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Phases of Emergency Management Phase 1 Mitigation Phase 2 Preparedness Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Phases of Emergency Management Phase 1 Mitigation Phase 2 Phase 3 Preparedness Response Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 3 Phases of Emergency Management Phase 4 Phase 1 Recovery Mitigation Phase 2 Phase 3 Preparedness Response Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Phases of Emergency Management Phase 4 Phase 1 Recovery Mitigation Phase 2 Phase 3 Preparedness Response Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 0 Mitigation ■ Any sustained action taken to reduce or eliminate long-term risk to life and property from a hazard event. Mitigation, also known as prevention, encourages long- term reduction of hazard vulnerability. mit-i-gate\ 1: to cause to become less harsh or hostile; 2: to make less severe or painful plan-ning\ : the act or process of making or carrying out plans; specif: the establishment of goals, policies and procedures for a social or economic unit Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan The Other Phases ■ Preparedness includes plans and preparations made to save lives and property and to facilitate response operations. ■ Response includes actions taken to provide emergency assistance, save lives, minimize property damage, and speed recovery immediately following a disaster. ■ Recovery includes actions taken to return to a normal or improved operating condition following a disaster. Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 5 Hazard Mitigation Planning Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan What is Hazard Mitigation Planning? ■ Identifies problems that can result from natural or man-made hazard events (for existing conditions and potential future development) ■ Determines appropriate actions to address the identified problems ■ Establishes implementation schedule and a system to periodically update and revise the plan Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan R Why bother? ■ National trends toward more disasters in more places is alarming and costly: ♦ Nearly 1,000 presidential disaster declarations since 1970s ♦ More than 6,000 deaths, 50,000 injuries, hundreds of thousands made homeless (*) ♦ Billions of $$ spent for response and recovery by public agencies and private insurers ■ Mitigation measures can yield "order of magnitude" returns on investments in terms of direct losses avoided and even more benefits in terms of indirect losses. not including 9/11 attacks Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Why Hazard Mitigation Planning is Important ... ■ Disasters cause ♦ Loss of life ♦ Property loss ♦ Business interruption and customer loss ♦ Community infrastructure loss ■ Economic toll from disasters ♦ People lose their jobs ♦ Businesses close (40% of small businesses never open again) ♦ Communities lose tax revenue Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan ,%W 7 Hazard Mitigation versus Emergency Response/ Recovery Planning ■ Hazard Mitigation Plan ♦ A pre -disaster strategic plan written to guide how a community will lower its risk and exposure to disasters ■ Emergency Operations Plan (EOP) ♦ A response plan written to demonstrate how a community will respond in the wake of an emergency or a disaster Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Disaster Mitigation Act of 2000 Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan i DMA 2000 Quick Facts ■ Signed into law in October 2000 (PL 106- 390) ♦ Interim Final Rule for planning provisions published in Federal Register on February 26, 2002 ♦ Interim Final Rule for extension of deadline published in October 2002 ■ Paradigm shift from focus on response and recovery to planning Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan What Does DMA 2000 Include? ■ New prerequisites for HMGP funding (Approval of Mitigation Plan) ■ HMGP funding for plan development ■ Increased emphasis on state/local interaction as a framework for planning ■ Plans must be approved by November 1, 2004 for HMGP and PDM eligibility ■ There must be open public involvement in the formation of the plan (with documentation) Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 9 Mitigation Planning Process Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Mitigation Planning Process Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 10 Maricopa County Mitigation Planning Process Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Maricopa County Role ■ Maricopa County Department of Emergency Management (MCDEM) ♦ Project management ♦ Community liaison ♦ Meeting coordination and facilitation ♦ Active project support and involvement Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 11 24 Incorporated Cities ■ Avondale ■ Glendale ■ Queen Creek ■ Buckeye ■ Goodyear ■ Scottsdale ■ Carefree ■ Guadalupe ■ Surprise ■ Cave Creek ■ Litchfield Park ■ Tempe ■ Chandler ■ Mesa ■ Tolleson ■ El Mirage ■ Paradise Valley ■ Wickenburg ■ Fountain Hills ■ Peoria ■ Youngtown ■ Gila Bend ■ Phoenix ■ Gilbert Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Indian Communities ■ Fort McDowell Yavapai Nation ■ Salt River Pima-Maricopa Indian Community Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 12 32 Unincorporated Communities in Maricopa County ■ Agua Caliente ■ Hassayampa ■ Palo Verde ■ Aguila ■ Higley ■ Perryville ■ Arlington ■ Hopeville ■ Rio Verde ■ Camp Creek ■ Laveen ■ Santa Maria ■ Liberty ■ Sentinel ■ Chandler Heights ■ Maricopa Colony ■ St. Johns ■ Circle City ■ Mobile ■ Sun City ■ Cotton Center ■ Morristown ■ Sun City West ■ Desert Hills ■ New River ■ Sunflower ■ Freeman ■ Nortons Corner ■ Tonopah ■ Gladden ■ Ocotillo ■ Wintersburg Maricopa County Multi -Jurisdictional ■ Wittman All -Hazard Mitigation Plan Countywide Hazard Mitigation Planning Group ■ Maricopa County Department of Emergency Management ♦ Project management ♦ Community liaison ♦ Meeting coordination and facilitation ♦ Active project support and involvement ■ Local Representatives ♦ 24 municipalities ♦ 2 Indian Communities ♦ Unincorporated County ■ Others ♦ Utilities ♦ Federal and State agencies with mitigation responsibilities ♦ Consultants Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 13 Local Mitigation Planning Teams ■ Each community has a Local Mitigation Planning Team ■ Local Teams responsible for "ground- truthing" information and establishing mitigation priorities: ♦ Providing more detailed information for potential loss estimation; and ♦ Identifying, recommending and approving specific mitigation action items for their communities Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Maricopa County Mitigation Plan Contents Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 14 Plan Contents 1. Executive Summary 2. Official Record of Adoption by Local Jurisdiction 3. Introduction 4. Jurisdictional Participation Information 5. Planning Process Documentation 6. Community Description 7. Risk Assessment 8. Mitigation Strategy 9. Plan Maintenance Procedures ■ Acronyms/Definitions/Sources Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Risk Assessment ■ Identification and Screening of Hazards ■ Hazard Profiles ■ Asset Inventory ■ Vulnerability Assessment Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 15 Identify and Screen Hazards ■ Aviation Accident ■ Civil Disturbance ■ Dam Failure ■ Disease ■ Drought ■ Dust Storm ■ Earthquake ■ Expansive Soil ■ Extreme Cold ■ Extreme Heat ■ Fire ■ Fissure ■ Flood ■ Fog ■ Hail ■ HAZMAT Event ■ Landslide ■ Lightning ■ Meteor Strike ■ Miscellaneous ■ Mine Accident ■ Nuclear Incident ■ Prison Problem ■ Public Safety Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Profile Hazards ■ Nature 1. Dam Failure ■ History 2. Disease ■ Probability and 3. Drought Magnitude 4. Earthquake ■ Warning Time 5. Extreme Heat 6. Flood 7. Hail 8. HAZMAT Event Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan ■ Search and Rescue ■ Service Interruption ■ Severe Wind ■ Subsidence ■ Terrorism ■ Thunderstorm ■ Tornado ■ Tropical Cyclone ■ Volcano ■ Wildfire ■ Winter Storm 9. Lightning 10.Severe Winds 11. Subsidence 12.Thunderstorm 13. Tornado 14.Tropical Cyclone 15. Wildfire 16 Mitigation Strategy ■ Capability Assessment ■ Goals, Objectives, and Actions ■ Mitigation Action Plan Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Capability Assessment ■ Regulatory Tools (ordinances, codes, plans) ■ Staff/Personnel Resources ■ Financial Resources Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 17 Goals, Objectives, and Actions ■ Goal ♦ General guidelines that explain what you want to achieve. Goals are usually broad statements with long- term perspective. ■ Objective ♦ Defined strategies or implementation steps intended to attain the identified goals. Unlike goals, objectives are specific, measurable, and have a defined time horizon. ■ Action ♦ Specific actions that help achieve goals and objectives. Multiple mitigation actions may be defined to feed into an evaluation of the alternative actions. Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Categories of Mitigation Action ■ Prevention: Land use and building regulations ■ Property Protection: Modifications to protect of removal to avoid ■ Public Education and Awareness: Information about hazards and ways to mitigate them ■ Natural Resource Protection: Actions that minimize hazards while addressing natural functions ■ Emergency Services: Warning systems to protect people and property ■ Structural Projects: Dams, levees, safe rooms Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan In Mitigation Action Plan ■ A comprehensive strategy that describes how the mitigation actions will be implemented. ♦ How will the mitigation actions be prioritized? ♦ Who will implement them? ♦ When will they be implemented? Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan Next Steps ■ Elected Official Briefings (if requested) ♦ Summer ■ Draft Plan Revisions based on community workshops (if necessary) ♦ June ■ Adoption by Local Elected Officials ♦ September at the latest ■ State Review ♦ August/September ■ FEMA Review and Approval ♦ September/October Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan 19 Questions & Comments Maricopa County Multi -Jurisdictional All -Hazard Mitigation Plan ce Town of Fountain Hills Town Council Agenda Action Form Meeting Type:Regular Meeting Submithng Depariau, kt Parks and Recreation Coi►senti® Regular:;❑ Meeting Dater June 17, 2004 Contact Person: Bryan Hughes Requesting Action.® e of Document Needing'Approval (Cheek all that aavl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Construction Contract Council P nor t "(Cheek Ativroyriate Areas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report 66:E] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Ttc "polar Aienda'wordng: Consideration of approving a construction contract to Ardavin in the amount of $777,900 for the construction of Fountain Park Phase II Improvements. Staff Recommendation: Approve Fiscal Impact: No $777,900 Purpose of Item and Backl4round Information: The Fountain Park Phase II Improvements project bid opening was on June 3, 2004. The Town successfully received six sealed bids and the apparent low bidder was Ardavin Construction with a total bid of $777,900 (see attached bid tabulation sheet). This project also includes an approved $237,307 Land and Water Conservation Fund matching grant. The base bid of $763,000 consists of the north sidewalk, performance pad, and a picnic ramada and playground activity area. Of the nine Add Alternates, staff is recommending including Add Alternates #3 (sidewalk connection), #4 (spotlight pad), and #7 (upgraded irrigation controllers) for an additional $14,900 for contract total of $777,900. Funding for this project was approved in FY 04-05 under the Capital Project Fund. Construction is scheduled to begin on June 28 and the project will be completed by December 3, 2004. List Al Atta�htnenfs as FolIowsz Bid Tabulation Sheets TvEoefsiof Presentation:: None Budget Review (if item not budgeted or exceeds budget amount) Pickering, Town Manager TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPARTMENT INTER OFFICE MEMO TO: Mayor Nichols & Town Council DATE: June 9, 2004 FR: Bryan Hughes, Recreation Superviso RE: Fountain Park — Phase II Improvements The following information provides some history of Fountain Park since the Town took ownership and the development of the Master Plan. Fountain Park Master Plan The Town acquired Fountain Park from MCO Properties Inc. on May 1, 1997. In 1998, the Town approved a Master Plan for improvements to the nearly 30-year old park. The plan includes 7,200 linear feet of walkways complete with lighting, five picnic ramadas complete with tables and barbecues, scattered picnic tables, a restroom/control building, two lighted parking lots, children's playground and tot lot with shade structures, 18 hole disc golf course with driving tees, performance pad, 12 station par course, educational arboretum, interpretive signage, and site furnishings. Phase I Improvements — 2000 The Town completed Phase I Improvements to the park in 2000. Phase I included a new restroom/control building, two picnic ramadas complete with tables and barbeques, and 2,800 linear feet of walkways at a cost of $714,000. The project was funded almost entirely by a Heritage Grant from Arizona State Parks, using the land donation by MCO Properties, Inc. as a match, with only $14,000 coming from the General Fund. Phase II Improvements — 2004 The Town will begin Phase II Improvements to the park in June with completion in November 2004. Phase II will include a children's playground and tot lot with shade structures, a performance pad, Kiwanis ramada complete with tables and barbeque, and 2,100 linear feet of walkways at a cost of $777,900. The project includes funding from a Land and Water Conservation Fund grant in the amount of $237,300, another $15,000 from the Noon Kiwanis for the picnic ramada, and the remainder from the General Fund. Future Improvements The remaining components of the Master Plan include 2,300 linear feet of walkways, walkway lighting, two picnic ramadas complete with tables and barbeques, parking lot upgrades, an educational arboretum, interpretive signage, site furnishings and a new irrigation system. The remaining improvements will be completed by 2008 as funding is provided based on Capital Improvement Goals. In the end, the Master Plan improvements are estimated to cost $2,631,000 over eight years with $937,000 being funded by grants. `. T O V O O mN a-O #t O -0 W t� c ~ Z O W OCV W c6 > O O C ` a- - cn W U Q I — a Y •� c Q Q W 07 c r_ cc Q E O 0 X X X X X X X X X X X X X X X X X X X X X X X X X X X X N U N r N '- N E -0 Z) -0 N o LL c a) C Q) -c- U (n O m .o o -0 -0-0 � CD Q Q CO m J Co O MO cc co co 6a O O O co r64> - N cz m O O O O O CD O O/1 O O O CD O O CD 0) �(D c0 N O O O cfl O O O O O O O O O /O� c0 0C) LO O Lii C'7 CO O T T T Ewa 6a EF? f f). 6 (rrt V J 6} 60� 0 00 00 0 00 0 00 O(V 00 00 O O OD r � O (D CO Ci � (B� 60- 60- O O O O O O O O O O O O O O o O O O o O N O O O O I r N r- O 00 r 0') 0) if ) Ewa to Ewa Efi fwa ff} Ewa r N m It In CO r- m O =4-- 44- =14- =W- t9 :tt 4# #t O O O O O N N N O C C C C C C: C C C N N N Q) N N O O (1) Q Q Q Q Q Q Q Q Q O O N 64 T 0 0 Y •� Q Q Mirel �0'1 O 0 xxxxxxx x x x x x x x N U C N T 4t N :#: 0 i � E -O z3 � CO O c O C a)(n U O. CO O Cl) -0 70 -2 -2 0 2 CC1 Q Q CO CO J co O O O r N 00 ff} I (U (z CD O 0) ry� `o lba T "t � 0 t (.00 Ln r1-- uJ O �_ , va OLO O V ta Cfl N �M `�J rt O T r It r Nt N Cf) N N ff} CO O f- "t T Co N O a) f� LO ff} O d• T C) Efl O O O O O N ffl 00 CA Lfi cM C{} CO L o c7 6", 4# 4# :#: 4-t 4t :tt 4# zt� N N (U N (U N C CU N CU N c CU N C: CU N c CU N C CU Q Q Q Q Q Q Q Q Q It O O N M E. TOWN OF FOUNTAIN HILLS err PARKS & RECREATION DEPARTMENT INTER OFFICE MEMO TO: Mayor Nichols & Town Council DATE: June 16, 2004 FR: ya hes Recre Supervisor RE: Fountain Park — Phase II Improvements Attached is a copylgned contract with Ardavin Builders Inc. for the Fountain Park — Phase II Improvements that is being considered at the June 17, 2004, Town Council meeting. We apologize for not having it in your original packet materials last week. Also attached are color renderings of the new amenities being constructed over the next few months. If you have any questions about this project or other planned improvements at Fountain Park, please let me know and I would be happy to talk with you further. TOWN OF FOUNTAIN HILLS FOUNTAIN PARK PHASE II BIPROVEMENTS PROJECT NO. PR 2004-01 THIS FOUNTAIN PARK PHASE 11 IMPROVEMENTS CONTRACT (this "Contract") is made as of June 19, 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Ardavin Builders, Inc. (the "Contractor"). RECITALS A. The Town issued an Invitation for Bid, No. #PR 2004-01 on April 28, 2004 (the "Invitation"), for Fountain Park Phase II Improvements (the "Improvements"). B. Contractor responded to the Invitation and submitted a bid for the Improvements. Contractor's bid was the lowest, qualified bid received by the Town. C. The Town desires to enter into this Contract with the Contractor for the Improvements. D. The Town's Contract Administrator for this Contract shall be the Town's Recreation Supervisor or his authorized designee. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Contract. The term of this Contract shall be from June 3, 2004, through December 3, 2004. Work shall not commence until the Notice to Proceed, attached hereto as Exhibit A and incorporated herein by this reference, is executed by the Town. Work shall be deemed complete upon the Town's execution of the Contractor's Notice of Final Acceptance, attached hereto as Exhibit B and incorporated herein by reference. The Contractor agrees that this Contract, as awarded, is for Fountain Park Phase II Improvements in the base bid amount of $763,000 including the following add alternates: Add Alternate #3, Sidewalk Connection in the amount of $4,800; Add Alternate #4, Spot Light Pad in the amount of $6,800; and Add Alternate #7, Irrigation Controllers in the amount of $4,000 for a total contract amount of $777,900. Payment for the total work will be made on the basis of the indicated amount(s), as bid in the Bid Form submitted on June 3, 2004, by the Contractor. 2. Scope of Work. Contractor shall provide the Improvements as set forth in accordance with (i) the Technical Specifications, attached hereto as Exhibit C and incorporated herein by this reference, (ii) the Construction Documents, prepared by g group Landscape Architecture/Environmental Design. Inc. and dated March 31, 2004, (iii) the terms and conditions set forth in this Contract, (iv) the applicable sections of the Maricopa Association of Governments ("MAG") Uniform Standard Specifications for Public Works Construction (the "MAG Specifications") (v) the terms and conditions set forth in the Special Terms and Conditions, attached hereto as Exhibit D and incorporated herein by this reference (vi) the Calendar of Events, attached hereto as Exhibit E and incorporated herein by this reference, and (vii) the Contractor's response to the Invitation for Bids, including but not limited to the List of Subcontractors, Bidder's Project References and Bid Form. 3. Inspection; Acceptance. All work shall be subject to inspection, surveillance, testing and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 4. Payments. Contractor shall submit invoices on the American Institute of Architects ("AIA") form to the Town that shall document and itemize all work completed. The Contract Administrator shall review and approve all invoice statements. Once approved, invoices shall be paid within 30 days of said approval. The Contractor shall submit the Final Pay Estimate, attached hereto as Exhibit F and incorporated herein by this reference, in conjunction with submission of Contractor's final invoice. 5. Licenses. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. 6. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract of any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 7. Insurance. 7.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, ,%W hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. b. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. C. Additional Insured. All insurance coverage and self - insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. e. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. f. Claims Made. In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. g. Waiver. All policies, including Workers' Compensation insurance, waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. h. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self -insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for -any such deductible or self -insured retention amount. The Town, at its option, may require Contractor to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors. If any work under this Contract is subcontracted in any way, Contractor shall execute a written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Contract, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. Such certificates shall identify the contract work number and be sent to the Recreation Supervisor. If any of the above -cited policies expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: 1. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 2. Contractor's insurance shall be primary insurance as respects performance of the Contract. 3. All policies, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Contract. 4. A 30-day advance notice cancellation provision. If ACORD -certificate of insurance form is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 8.2 Required Insurance Coverage. a. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section H) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. C. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 8.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 9. Termination; Cancellation. 9.1 For Town's Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause by the Town 30 days after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 9.2 For Cause. This Contract may be terminated be either party upon 30 days' written notice to the other party should the other party fail to substantially perform in accordance with this Contract's terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 9.3 Due to Work Stoppage. This Contract may be terminated by the �61 Town upon 30 days' written notice to Contractor in the event that the Improvements are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 9.4 Conflict of Interest. This Contract is subject to the provisions of Axtz. REV. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 9.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the Town for the purpose of securing this Contract. In the event this Contract is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity. 10. Miscellaneous 10.1 Independent Contractor. The Contractor acknowledges that all services provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 10.2 Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ("OSHA") standards. 10.3 Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 10.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 10.5 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 10.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 10.7 Interpretation; Parol Evidence. This Contract represents the entire Contract of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral Contracts have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contact. 10.8 Assignment. No right or interest in this Contract shall be assigned by Contractor without prior, written permission of the Town and no delegation of any duty of Contractor shall be made without prior, written permission of the Town. 10.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Contract whether or not subcontractors are used. 10.10 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 10.11 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 11. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269-7958 Facsimile: 480-837-4452 Attn: Bryan C. Hughes With copy to: JORDEN, BISCHOFF, MCGumE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Contractor: Ardavin Builders. Inc. 1505 E. Weber Dr., #114 Tempe, AZ 85281 Facsimile: 480-377-8808 Attn: Gonzalo Ardavin With a copy to: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. IN WITNESS WHEREOF, the Town and the Contractor have caused this Contract to be duly executed as of the day, month and year first above written. "Town" "Contractor" TOWN OF-FOUNTAIN--R)LLS, an Arizona mupi-cipal corporat' Title: Vice President ATTEST: LI%W zzz�z a&, t2�z B elyn J. B� er/ own Clerk Fountain Park Master Plan P H A S E 1 (E X I S T I N G) _ P H A S _E 1 1 10' wide integrally colored ADA "Kiwanis Ramada" with three 8 1 sidewalk (4,920 linear feet) CA person picnic tables and barbecue 8' wide muld-use walking path with "Chuparosa (4,615 linear feet) Ramada" with three 8 decomposed granite over asphalt person picnic tables and barbecue �•p��+`' �"Ironwood Ramada" with three 8 y� !\ "Red Yucca Ramada" with three 8 person picnic tables and barbecue t E U person picnic tables and barbecue Fdttcaeo �rborctum with signage ,� West parking lot with 115 lighted `42 trees total I/p spaces. See sheet "Fountain Park �) Interpretive Signage (5 stations). •' `P West Parking Lot" for an enlargement J See sheet "Fountain Perk Interpretive Sighnage" for detail Q % Golden Barrel Ramada" with three 8 18 hole disc golf course with tee person picnic tables and barbecue ' sips. i 0 Restroom / control building (990 S.F.) G Fountain Lake performance pad with f spectator seating <-1 \ (45'x75') shaded tot lot for 3-5 year olds Q (45'x7T) playground for 5-12 year olds Park entry signage (2 locations) See sheet "Fountain Park Entry Signage" for detail •/ // JJ wr J i East parking lot with 59 lighted spaces � l \ — (K t Veterans memorial and rose garden -,Pathway Pathway lights covering (9,535 e •// /± �L� L.F. and 95 lamps) V / M - Desert Wildflower Garden 05,060 • / //. \ S.F.). See sheet "Fountain Park Desert • \�� 1 Wildflower Garden" for an enlargement. See sheet ~ "Fountain Park ,, , �\ f, ® "erf orrnance Pad" f/ z ;,for an / r / enlargement J i ee}shect Fountain Park, _ See sheet "Fountain Park `` ;� Multi -Use Activity Area" `' est Parking' for an Y �, B for an enlargement largement 5 ee 4!r? e o v b 00 o 9•\� �" a 0 it, �I r North 0 150 300 600 Fountain Park Multi -Use Activity Area kwl \PRE ;l iX �� �\ �'�����:/� •gin a W�( ae .,..dam ,`fit moor W_ ttt Avm SL ttF Anne PW k king 8m 667 62-9m Arboretum Trees''- 45'x75' Shaded Tot Lot. S, sheet "Fountain Park Tot L. Layout" for an enlargemen Bike Racks �— 75' playground. See sheet "Fo' tain Park Playground �, - __` Layout' for an enlargement ' �^ Desert Wi ower Garden i 't s • rp • --Existing parking lots are - ` and-creat d in partnership with - � _ _ adjacent comm&Cia1___ deve eat_ a North 0 30 60 120 Fountain Park Tot Z - - - - - - - - - - - - - Rubber Mat Play Surface Curve Bridge Clatter Bridge oujbe Poly -Wave, Slide Loop Pole Spyroslide —Loop-Arch StationaryRave-4or Swing adder ' tionary nupa Ramp 01 Fountain Park Playground Irorn Ran 40" wide Stairs alk Tube Double Poly Slide e -� e group SNWM Fountain Lake Performance Pad 0 IOS Solstice Zarker i Integral colored corwrete seat wall 1560 J Concrete pavers [,_ gal colored concrete sidewalk Integral colored concrete performance area Phase I decomposed granite walk e North 0 15 30 60 e egr Fountain Park West Parking Lot Access to Kiwanis Ramada ,.=, Dropoff for park - �® users q bas \4 , -of 6 accessible parking stalls !C - 115 Lighted parking stalls . Trach enclosure - Parking screen wall with gates-- —Sidewalk ' y o North 0 20 40 80 *���` Fountain Park Ramada MASONRY e e� 7 LINE APPROX LOCATION PICNIC TABLES 5' X a, FOOTPRINT FLOOR PLAN CMU WALL (LT. SANDBLAST METAL ROOFIW-% FRONT ELEVATION Scale: 1/8 1'-0" Fountain Park Phase II - Arizona State Park Heritage Fund - LRSP Grant Application in Fountain Hills Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 06/17/2004 Contact Person: Julie Ghetti 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 Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2004-27, approving an intergovernmental agreement (IGA) for cooperative purchasing through the State Procurement Office. Staff Recommendation: Approve Fiscal Impact: Yes $250.00 Purpose of Item and Background Information: In order to obtain competitive pricing on materials and services through volume purchasing power of the State of Arizona. The Town Code Section 3-3-13 permits making purchases without a formal bid process whenever other governmental units have done so for the same item or service. List All Attachments as Follows: Resolution 2004-27, interoffice memorandum, and Cooperative State Purchasing Agreement. Type(s) of Presentation: None Signatures of Submitting Staff: a, ct, btg-j�. Depa ent He d 1'112 �Cf Town NT6nager / Designee e:\wpdata\agenda cover sheet l.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: May 28, 2004 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting Supervisor RE: Cooperative Purchasing Agreement, Administration I A Resolution 2004-27 In order to obtain competitive king on materials and services the Town has in the past entered into cooperative purchasing agreements with other governmental agencies. The State of Arizona Procurement Office has a purchasing program (the "state contract") that permits cities and towns to take advantage of their large volume purchasing power. Under the Fountain Hills Town Code Section 3-3-13 "the town may make purchases or award contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the purchasing director, a separate bidding process is not likely to result in a lower price for such items or services". Resolution 2004-27 and the attached Cooperative State Purchasing Agreement authorize the Town to continue this program for the 2004-2005 fiscal year with an annual cost of $250. I would be happy to answer any questions that the Council may have Attach: Resolution 2004-27, Cooperative State Purchasing Agreement RESOLUTION NO.2004-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A COOPERATIVE STATE PURCHASING AGREEMENT WITH THE STATE OF ARIZONA RELATING TO PARTICIPATION IN A COOPERATIVE PURCHASING GROUP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Cooperative State Purchasing Agreement (the "Agreement") between the Town of Fountain Hills and the State of Arizona relating to participation in a cooperative purchasing group is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED ANP ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 17, 2004. FORTi"'" N:OF FOUNTAIN HILLS: ATTESTED TO: W. J. Ni REVIEWEDDI BY: Timothy G. Pickering, Town Manager 9196.001\.\2004-27 Stwe Purchasing IGA.ms.d- 6-17-04-1 Bevelyn J. Bodey,/Town Clerk APPROVED AS TO FORM: 0, � MA / -\-- An rew J. McGuire, Town Attorney 2-o1)u — 'a'� JANET NAPOLITANO GOVERNOR ARIZONA DEPARTMENT OF ADMINISTRATION STATEPROCUREMENT 100 N. 15TH AVENUE, Suite 201 PHOENIX, ARIZONA 85007 April 22, 2004 Fountain Hill, Town of Bev Bender 16836 E. Palisades Fountain Hi!Is, AZ 85268 Dear Mr. or Ms. Bender: BETSEY BAYLESS DIRECTOR Thank you for your continued participation in the Arizona Cooperative Purchasing Program. Enclosed you will find an invoice for your fiscal year 2005 membership. The term is from July 1, 2004 through June 30, 2005. The amount billed includes an increase of $50 dollars annually due to increased program costs. Please complete the information as requested on the form. Since your multi -year agreement is due to expire, a new agreement is also included in this packet. Please have an authorized authority sign the agreement, make a copy for your records and return the original with payment and the information form to: Dina Tolentino Arizona Department of Administration Accounting Office 100 North 15'" Avenue, Suite 201 Phoenix, AZ 85007 Contracts available to Arizona State Cooperative members may be viewed on the new AzSPO e-procurement website: www.SPRIT.az.gov. To find SPIRIT training documents, go to the Arizona State Procurement ,,,ebSite: ww'v .azspo.az.go`J Click on the blue SPIRIT loco. To download the document that will guide you through a search for a specific commodity or service, click on ❑ Contract Search. For additional assistance, call the SPIRIT help desk: (602) 542- 7600. If you have any questions, please feel free to contact me by e-mail at pamela reayCa)ad.state. az.us or by telephone at (602) 542-9130. Pamela S . Reay Pamela S. Reay, CPM, CPPB Manager, Policy and Training New Contract JANET NAPOLITANO GOVERNOR BETSEY BAYLESS DIRECTOR ARIZONA DEPARTMENT OF ADMINISTRATION STATE PROCUREMENT OFFICE 100 North 151" Avenue, Suite 104, Phoenix, Arizona 85007 (602) 542-5511 (main) (602) 542-5508 (fax) http://www.azspo.az.gov C(.OPE.,I„STATE nIUCHAS',ING GREENIE T This,Cooperative State Purchasing Agreement ("Agreement") is entered into this i day of 20 0 between the State of Arizona, via the Arizona State Procu erocu ent Office ("State") and Fountain Hill, Town of , a public procurement unit or nonprofit educational or public health institution ("Eligible Procurement Unit'). The purpose of this Agreement is to permit the Eligible Procurement Unit to purchase materials and services from State contractors at the prices and terms contained in contracts between the State and those State contractors. The governing body of any Eligible Procurement Unit may enter into an Agreement with the State for the purpose of utilizing State contracts ("State contract') by Eligible Procurement Unit (Arizona Revised Statutes §41-2631 et seg., and A.A.C. R2-7-1001 et seg.). In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result there from, the State and the Eligible Procurement Unit (the "Parties" to this Agreement) agree as follows: The State shall provide the Eligible Procurement Unit with access to a list of all eligible State contracts. The original copy of each State contract is a public record on file with the State. 2. The specifications for the materials and services will be determined by the State Procurement Administrator. 3. The State shall conduct the procurement in compliance with the Arizona Procurement Code, A.R.S. Title 41, Chapter 23, and its Rules, A.A.C. Title 2, Chapter 7. 4. The State will identify the Eligible Procurement Unit as an eligible participant in any solicitation intended for general use by Eligible Procurement Unit. In addition, the State may invite the Eligible Procurement Unit to participate in certain specific solicitations. Only Eligible Procurement Unit indicating an interest in participating in these specific solicitations will be eligible to participate in the resulting State contracts. 5. An Eligible Procurement Unit shall not use a State contract to obtain concessions, including lower prices, from State contractors or any other suppliers for the same or similar materials or services. An Eligible Procurement Unit is also prohibited from participating in any organization or group that seeks to obtain such concessions from State contractors or other suppliers based on State contracts. 6. The Eligible Procurement Unit shall: a. Insure that purchase orders issued against eligible State contracts are in accordance with the terms and prices established in the State contract. Make timely payments to the State contractor for all materials and services received in accordance with the terms and conditions of the State contract. Payment for materials or services and inspection and acceptance of materials or services ordered by the Eligible Procurement Unit shall be the exclusive obligation of such unit. C. Be responsible for the ordering of materials or services under this Agreement. The State shall not be liable in any fashion for any violation by the Eligible Procurement Unit of this Agreement, and the Eligible Procurement Unit shall hold the State harmless from any liability which may arise from action or inaction of the Eligible Procurement Unit relating to this Agreement or its subject matter. d. The exercise of any rights or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit; however, the State, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy should it so desire. The State may terminate this Agreement without notice if the Eligible Procurement Unit fails to comply with the terms of a State contract or this Agreement. Except as provided in Paragraph 7, either of the Parties may terminate this Agreement with at least thirty (30) days written notice to the other party. Failure of an Eligible Procurement Unit to secure performance from the State contractor in accordance with the terms and conditions of its purchase order does not necessarily require the State to exercise its own rights or remedies. 10. This Agreement shall take effect upon execution by the Parties and shall be for a period of one (1) year, commencing on July 1, 2004, and ending June 30, 2005. This Agreement shall be renewable annually, for a total period of five (5) years, upon remittance of the then current fee for membership in the Cooperative State Purchasing Program. 11. The Eligible Procurement Unit shall remit annually $250.00 to the State to defray costs associated with operating the cooperative purchasing program for the fiscal year period July 1, 2004 through June 30, 2005. The annual fee is subject to increase by the State. 12. This Agreement may be canceled pursuant to the provisions of A.R.S. §38-511. COOPERATIVE STATE PURCHASING AGREEMENT Page 2 of 3 13. This Agreement is exempt from the provisions of A.R.S. §§11-952 and 12-1518. 14. The Eligible Procurement Unit certifies that their organization shall comply with the State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in accordance with ARS Title 41 Chapter 9, Article 4 and Executive Order No. 99-4 dated 29 January 1999. 15. The Eligible Procurement Unit authorizes State contractors to release usage information to the State. Usage information shall be limited to the Eligible Procurement Unit's purchasing activity and shall generally consist of, but shall not limited to, purchase order information including purchase date(s); units purchased, their descriptions and quantities; unit prices and aggregate amounts paid for all materials and services purchased off of the State's contract. IN WITNESS WHEREOF, the Parties of this Agreement, having caused their names to be affixed hereto b their proper officers, hereby execute this Agreement on the dates indicated hereunde,' r FOR THEE BLE PAWCUREMENT UNIT: Name, / Tiel 20 D e: -FOR THE STATE: signal e: Jea A. Cl rk, CPPO, C.P.M. CPPB, CPM Name: Deputy S ate Procurement Administrator Title: Date: COOPERATIVE STATE PURCHASING AGREEMENT Page 3 of 3 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 6/17/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® Type of Document Needing ADDroval (Check all that anal ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report ,only❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of a PRELIMINARY PLAT for Los Montanas Del Sol, a seven -lot subdivision to be located at the northwesterly corner of LaMontana Drive and Segundo Drive, an unplatted portion of Section 5, T3N, R6E, G & SRB&M, Maricopa County, Case Number S2003-12. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request by Randy Ryerson is for consideration of a Preliminary Plat for Las Montanas Del Sol, a seven -lot single family residential subdivision in a "R1-10 PUD" district. This project is located northwest of LaMontana Drive and Segundo Drive. This plat was unanimously approved (6-0) by the Planning & Zoning Commission during their May 27, 2004 meeting. The plat meets all requirements as set forth in the Zoning Ordinance and the Subdivision Ordinance. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Preliminary Plat Type(s) of Presentation: None Signatures of Submitting Staff: Ak _ De artment He �z Town M ag / Designee l Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Honorable Mayor and Town Council DT: June 1, 2004 FR: Molly Bosley, AICP, Planning an g Administrator RE: Las Montanas Del Sol Preliminary Plat. Case Number S2003-12. This request is for consideration of a Preliminary Plat for Las Montanas Del Sol, a seven -lot subdivision to be located at the northwesterly corner of LaMontana Drive and Segundo Drive an uplatted portion of section 15, T3N, R6E, G &SRB&M, Maricopa County. APPLICANT: Randy Ryerson OWNER: S&W Enterprises EXISTING ZONING: R 1-10 PUD EXISTING CONDITION: Vacant Land LOT SIZE: 2.41 acres SURROUNDING LAND USES AND ZONING: NORTH: Existing Single Family Residential zoned "R1-10 PUD" SOUTH: Colony Wash zoned "R1-10 PUD" and Existing Single and Two Family Residential zoned "R-2" EAST: Existing Multi Family Residential zoned "R-4" WEST: Existing Residential zoned "R1-10 PUD" and Existing Single and Two - Family Residential zoned "R-2" SUMMARY: This is a request for a preliminary plat approval of a seven lot single-family residential subdivision. This project is located north of Segundo Drive and west of LaMontana Drive. The project proposes one -access location from LaMontana Drive via a cul-de-sac "Los Siete Court". All lots will take access from Los Siete Court. The proposed preliminary plat includes a 5' sidewalk on the north side of Los Siete Court. The individual lot sizes range from 10,011 square feet to 14,566 square feet. EVALUATION: This project area is zoned "R1-10 PUD". The Planned Unit Development Agreement sets forth the following requirements. ➢ Front Setback 20' ➢ Rear Setback 20' ➢ Street Side Setback 20' or building height ➢ Side Setback 7' ➢ Lot Coverage 40% ➢ Building Height 30' The following report will review several aspects of the project. Conformance with the Subdivision Ordinance and Zoning Ordinance: Hillside Protection Easement. A slope analysis has been provided indicating the required HPE dedication as set forth in the subdivision ordinance. Based upon the slope analysis 5,769 square feet of land will be designated as HPE. This is in conformance with the Subdivision Ordinance. Minimum Lot Size: Lot sizes range from 10,011 square feet to 14,566 square feet. Minimum lot size required in the R1-10 zoning district is 10,000 square feet. This is in conformance with the Subdivision Ordinance. Lot Designs: All lots are designed according to the Subdivision Ordinance requirements. Roadway Analysis. The roadway shown as Los Siete Court is a cul-de-sac 370' in length with a 50" right-of-way. This is in conformance with the Subdivision Ordinance The developer will be responsible for widening LaMontana Drive as shown on the civil drawings with tapering as approved by the Town Engineer. Sidewalk Design. The 5' sidewalk as shown is located on one side of the street. This is in conformance with the Subdivision Ordinance. RECOMMENDATION The Planning & Zoning Commission recommended approval by a vote of 6-0 with the stipulations requested below. Staff recommends Town Council approval of the Preliminary Plat for Las Montanas Del Sol with the aforementioned stipulations: 1. The Town Engineer must approve the proposed method of tapering the southwest portion of La Montana Boulevard. 2. A NVAE (Non -Vehicle Access Easement) must be provided on Lots 1 & 7 along La Montana Drive. Pale 2 of 2 FROM : PHJNE NO. : 837 4507 Tan. 20 200:; 1= : 324'1 PI N%W R aleN i, TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed _ Fee Paid /, Accepted By , Plat Narno/Number , e% Paroal Size �j Number of Lots Number of Tracts Zoning F General Plan Land Ure Designation Density Asquested.(Dwelling Units Per Acre) --7 / % �` s Applicant Day Phone 7 5 2 f A dress c (,y g Z� J Owner Q ����- � %� D Phone .`� �� �J :`-•F S� s �' ...E >`�� -, ''� '.:� Address / , , f ST Zip c, Attachments (Please list) Signature of Owner I H BY A'�THO E (Please Print) Date U TO FILE *JS APP CATION. Subscri nd sw is day of ..� My Commission Notary KWIC S O!L. INTERS ? NOTARY PRIZONAyr MARICUNTYMY Commission Ex I13, 2005 Fee Schaauia Af;achad TFH Case Number TOWN OF FOUNTAIN HILLS AUG 1 5 200. k L"T �efe�5:.-af3h p '6.Yl�h:: 'tY{ems z x4 yxrE}re 1ri k n 4 = I+ 1 nEt d c:s5?? $ � a 4 tz:"a t;iiis� IZI �4jii F:s�t r�E au lis'b��p�6#a�. S iEs9?}pets �. M� :ei5':1�5y i Z / rill i ' b $ � Z�— - r �Y � r�� •,,•` �. to Not".,40 / 6 ahS / / l=4==•_aQ ��� ae I r ` do's 4ey�t44 I ! a f'e esR=zjE jr i 4gtl4 a W X kR 0,zll 3 tY rpe ..•. a: ¢ > fY n L• /gip} 1��+ •figj Rig r 1•� e�G 'sq_:9`sst ol 0 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 6/17/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® TVDe of Document NeedinzApproval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Concept Plan - Auto Sales 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 CONCEPT SITE PLAN for AZCars-Trucks.Com (an auto sales facility) located at 11827 North Panorama Drive, aka Plat 302A, Block 1, Lot 12. Case Number CP2004-01. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of a concept site plan for AZCars- Trucks.Com (an auto sales facility) to be located within a "C-3" Zoning District. As per Section 12.02(D)(7) of the Town of Fountain Hills Zoning Ordinance, requests for new and used automobile sales are subject to site plan approval of the Planning & Zoning Commission and Town Council. Existing uses on site include an automobile repair shop and office. The request for auto sales meets all requirements of the Zoning Ordinance and is a compatible land use with surrounding uses. Please see attached report for further details. List All Attachments as Follows: Staff Report; Site Plan; Application Tvpe(s) of Presentation: None Signatures of Submitting Staff: A D artment He d Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT STAFF REPORT TO: Honorable Mayor and Town Council DT: June 1, 2004 FR: Molly Bosley, AICP, Planning and Zoning Administrator 44� RE: AZCars-Trucks.Com, LLC Concept Plan. Case Number CP2004-01 This request is for approval of a concept site plan for AZCars-Trucks.Com (an auto sales facility) to be located at 11827 North Panorama Drive aka Plat 302A, Block 1, Lot 12. DESCRIPTION: APPLICANT: Michael D. Young OWNER: Colby Inc. (property) EXISTING ZONING: 64C-3" EXISTING CONDITION: Existing Commercial Building and Auto Repair Shop LOT SIZE: 22,103 square feet SURROUNDING LAND USES AND ZONING: NORTH: Vacant Commercial Building; zoned "C-3" SOUTH: Pat's Automotive Repair; zoned "C-3" EAST: Multi -Tenant Commercial Building (Christensen Corporate Center); zoned "C-3" WEST: Multi Tenant Commercial Building (Fountain Hills Express, Dry Cleaners); zoned "C-3" SUMMARY: This is a request for approval of a Concept Plan to allow automobile sales at 11827 North Panorama Drive aka Plat 302A, Block 1, Lot 12. Existing uses on the site include an automotive repair shop and office. The site is completely screened from neighboring properties by an 8-foot fence. The existing building is approximately 2,991 square feet in size. AZCars-Trucks.com CP2004-01 Required parking for this site is as follows: Use Calculation Method # of Spaces Required Office 1 space per 300 sq ft plus 1 6 per employee plus 2 for the first 10,000 sq ft or portion thereof Repair Shop 1 space per 200 square feet 11 Total Required Includes rounding up to next 17 parking spot The plan shows 16 parking spaces and a display/storage area that could accommodate 23 vehicles. This display/storage area allows for back-to-back parking and does not include drive aisles. Signage for this proposed building is not a part of the concept plan and will be submitted and reviewed separately. Pedestrian and vehicular access to this site is from Panorama Drive. EVALUATION: Section 12.02, D, 7 allows new and used automobile sales and rental provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning & Zoning Commission. Adequate parking is available on site. The additional display/storage area provides display area without using the customer parking area. However, the display/storage area does not include drive aisles. The current office will be used by both the auto repair and auto sales businesses. The site plan states "two fences are shown the westerly fence is for current property configuration the easterly fence is optional location if alley is abandoned". The engineering department has researched this condition and found no record of application to abandon alley. Therefore, this statement has no bearing on the application and should be disregarded. The trash enclosure is located just inside the eastern gate. The application meets all other requirements of the Zoning Ordinance. The Planning and Zoning Commission approved this application by a vote of 6-0 during their May 27 regularly scheduled meeting with the stipulations as specified below. 1. The trash enclosure located just inside the eastern gate must be identified on the concept plan. Page 2 of 3 AZCars-Trucks.com CP2004-01 2. The parking space immediately to the north of the entrance from Panorama Drive must be removed to ensure adequate drive aisle width and compliance with the Zoning Ordinance. 3. A loading area must be designated to ensure compliance with the Zoning Ordinance. These stipulations have been added to the concept plan. RECOMMENDATION: Staff recommends approval of the concept site plan CP2004-01, "AZCars-Trucks.com". 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OArt CESCMPtIpV ■Y ETA-I1�T a u S �tUr) �• a �d46atis° The Town of Fountain Hills Public Works Department Planning & Zoning Division CONCEPT PLAN/PRE-APLICATION Do not write in this space - official use only Filing Date Accepted By Case Manager I NATURE OF THE PROJECT: I Meeting Date PROJECT NAME: 1a;2 s ,^ul LEGAL DESCRIPTION Plat Name Block Lot PROPERTY ADDRESS y j NV i7 AN PARCEL SIZE (Acres) . S ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING _ PROPOSED ZONING Applicant / ^� _Mrs. k c `' ! J. yy l- Day Phone K—Mr. _Ms. Address: City "r'(Al 1� State _�-1 Zip 7 T Owner / _Mrs. _Ms. Address: (� T tj Day Phone Cit)?I f .o State Zip If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE Subscribed and sworn before me this Notary Public Date TO FILE THIS APPLICATION. Please Print day of My Commission Expires 20 Concept Plan -Pre -Application Application Forms.doc Paee 2 of 3 N%MW WN Town of FOUNTAIN HILLS Public Works Department Planning & Zoning Division that is AT"' Concept Plan Acknowledgement Form .-I,�' f c Property Address G;' 7 u .� Applicant Print Name kOwner rint Name This document acknowledges and understands that Concept Plan approval constitutes only approval of the suitability of a lot for a type of use. Plans are submitted for Concept Plan approval to provide the Planning and Zoning Commission information upon which to base a determination of suitability of the use in the context of the community. No approval is implied or intended for any specific placement of structures, ingress or egress points, grading or drainage plans, building design, style or height, or any other portion of the plan that is controlled by the building permit or special use permit process. Significant changes or projects with subsequent phases will require a separate review and approval by the Planning and Zonlgg-C fission. ignature of Concept Plan Acknowledgement Form.doc '�- it, fe';' Date Date Page 1 of 1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 6/17/04 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 2004-33 abandoning whatever right, title or interest the town has in the "Final Plat of Ashbrook Corner Condominiums" as recorded in Book 569, Page 22 of the Maricopa County Book of Records. Case #S2004-12. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On May 3, 2001, Town Council approved the "Final Plat of the Ashbrook Corner Condominiums" a 2-unit condominium, originally platted as "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot 1". This request will abandon the existing plat, reverting back to "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot 1". The abandonment of this condominimum plat has no implications on land use. List All Attachments as Follows: Staff Report; Plat Map; Resolution; Application; Letter of Request Type(s) of Presentation: N/A Signatures of Submitting Staff: partment Head Town Manager Designee Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO.2004-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING THE "FINAL PLAT OF ASHBROOK CORNER CONDOMINUMS" AS RECORDED IN BOOK 569, PAGE 22 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance #96-29 on September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance"); and WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and procedures for abandoning a recorded subdivision; and WHEREAS, a public hearing was held by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on June 17, 2004, regarding the abandonment of the "Final Plat of Ashbrook Corner Condominiums"; and WHEREAS, the Town Council desires that the "Final Plat of Ashbrook Corner Condominiums" be abandoned and revert back to the "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot L" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Final Plat of Ashbrook Corner Condominiums" as recorded in Book 569, Page 22 of the Records of Maricopa County, Arizona, is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot L" SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. PASSED AND 17, 2004. FOR W. J�*ichofs 9196.001\..\2004-33 6-10-04-1 PTED by the Mayor and Council of the Town of Fountain Hills, June FOUNTAIN HILLS: ATTESTED TO: dei�,�Town Clerk APP VED AS TO FORM: Andrew J. McGuire, Town Attorney gn TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: June 7, 2004 FR: Molly Bosley, Planning & Zonin RE: Resolution 2004-33; Request to abandon Administrator the Final Plat of Ashbrook Corner Condominium; Case S2004-12 LOCATION: 16414 E. Ashbrook Drive, aka "Final Plat of Ashbrook Corner Condominiums". REQUEST: Consider the approval of Resolution 2004-33; abandonment of the "Final Plat of Ashbrook Corner Condominiums", a two -lot replat of Final Plat 104, Block 4, Lot 1. DESCRIPTION: OWNER: Destiny and Adrianna Milic APPLICANT: Chris & Dawn Kirkpatrick EXISTING ZONING: 46R-2" EXISTING CONDITION: Developed LOT SIZE: 0.2272 acres SURROUNDING LAND USES AND ZONING: NORTH: "R-2" Zoning District; single-family residential dwelling unit SOUTH: "R-2" Zoning District; single-family residential dwelling unit EAST: "R-2" Zoning District; two unit condominium WEST: "R-2" Zoning District; single-family residential dwelling unit SUMMARY: This is a request from Chris and Dawn Kirkpatrick to abandon the "Final Plat of Ashbrook Corner Condominium", an existing 2-unit condominium. On May 3, 2001, the Town Council approved the "Final Plat of Ashbrook Corner Condominium", which was originally "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot 1". Destiny and Adrianna Milic, the current property owners, wishe to abandon the current plat and revert back to the original plat to allow for refinancing of the property for a pending sale to the Kirkpatricks. EVALUATION: The Town has received only three prior requests to abandon platted condominium properties (one in 1994, one in 1998, and one in 2004). The approval of this request will abandon the existing condominium plat and revert to "Fountain Hills Arizona Final Plat No. 104, Block 4, Lot 1". Lot 1 meets the minimum required lot size and dimensions of the "R-2" Zoning District in which it is located. If this request is approved, the 2-unit condominium will revert back to use as a duplex residence. The abandonment of this condominium plat has no implications on land use; it merely represents a change in legal entitlements. 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 Lot 1 meets the minimum zoning regulations and site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of Resolution 2004-33; the abandonment of the "Final Plat of Ashbrook Corner Condominiums". a =ag a Q z 0 Qy Uo o� a Rp 6 � S 3ya� Z W = S p htl bg� Jcc S T $ $ ro �b"v E Y Ln N O T J / W / J Ls w a / 1 `\ / PO / • Li / Fu \ �c s\ a Z' N 0 J t �C P a P���g� �yae"5y eE :ep5p.. YY a�gg y, '�`baYK F jjlg�ak 118,1g;kg7 yEyE 4 ii• deride, xxt 5�.!0 zA F Sail•@@QQi $ E iva I 99 LU5 4 'o lf) J O 0 aJ h \ � o _ mho Q i{7 W y�ry��M O Q. LLo '1 / C6 LL F ON ay YJ O= J ma oM ~ {L J a N LL O W C7 Q a. 1� L_j im ,%W R O 8 Q s. U o W LUO e� r—r------1 �^ O,=•• e H I I 1 I I I j`y I ! �- s p a Z e I i o I I I I I I I I I I I I LJ------- J 1 1 I I LbbJ_------ L_I 1 I 9 3 8 L_L ---J1 - d a v`,4t -9 �I 1� n I I 99'Lf Z 1 I J 1 ' I I I I I RI I I I I I I O I I O 1 ff'iL I -r-------`t o .j , 1. LL -ras.-----,-�a I h h I I +—r I Ix I I I I I I I I I I I Ir I i-f. ,K'61 I �d I Fg A! k,A ON Q , �i; Q J YJ ox � °� e g I3 J= p co e 7 # 7� G= O aLL 1 1 J � N LL O N W Q a C4 1 40�t1'TA�111��. t N' EY1: taN a� Oat is The Town of Fountain Hills Do trot write in this Filing Date (p Accepted By Fee Accepted Case Manage -official use only 1, PLANNING & ZONING DIVISION - APPLICATION I ,r/Il, Abandonment (Plat or Condominium) Area Specific Plan Continuance Request General Plan Amendment Planned Unit Development Rezoning Temporary Use Permit Other Administrator's Interpretation or Appeal Condominium Plat Cut/Fill Waiver HPE Change or Abandonment Preliminary / Final Plat Special Use Permit Variance PROJECT NAME / NATURE OF PROJECT: Abt,,,A� f1ShhirCoIrL Cornc-✓ CcnlGn�in.+n.ntis LEGAL DESCRIPTION: Plat Name MLr 5�4-u i,t✓►,f A�r6 Block_ 1C(� 7 LotAt$ PROPERTYADDRESS: Il;�}I nhyT,^ic- UK,yin ICk.iyl 1-h�ll s Al- A - PARCEL SIZE (Acres) _.ASSESSOR PARCEL NUMBER /I NUMBER OF UNITS PROPOSED_ I.uu k C--, 0, jt TRACTS --- EXISTING ZONING CkO, t,A/v tLul'i PROPOSED ZONING *17L-0/4154 Applicant ((� r! d qQ S X Mrs. C 1 1 sG , � W �" >C��J b1 I�i V , ,n�'itVl �_ Day Phone � �C Mr. Ms. Address: `' s �S �(�:�� Gt�1 �'� �� ' City: S c c� tate:_ zip: —y Email: _ LcjV CC�#V► Owner Mrs. best; Act 6G Avvk N l 1 c Day Phone V Y O- 5 to 3 q/ 4 Mr. -�C tn.r�-Fut>7 _� Ms. Address: ILA 14 L , Ashb a c i/— -0- A City: �hI I s State: 1427 Zip:J�2 � If application is being submitted by s eone other Vhrthe property under consideration, the section below wit be completed.SIGNATURE OF OWNER , DATE I HEREBY AUTHORIZE I1v1Sto 1 TO FILE THIS APPLICATION. Please Print Subscribed andUsrn before me this day of ../U/'�tS! BDAnzona llotary Public z My Commission Expires Maricopa C Notary Ublic ' My Commissionv11July 14, 2 Application —0,j; , Page 2 of 5 ���`-'u - 1 CADocuments and Settings\MCiccarone \Desktop\ General Application.doc Case Number a,© sz> 4 D"Q-, �Uc- Destiny and Adrianna Milic 16414 E. Ashbrook Dr., Unit A Fountain Hills, AZ 85268 (480) 816-8610 June 4, 2004 Zoning Department Town of Fountain Hills 16826 E. Palisades Blvd Fountain Hills, AZ 85268 Re: Letter of Abandonment for Ashbrook Corner Condominiums To Whom It May Concern: This letter is to notify you that we wish to abandon Ashbrook Corner Condominiums MCR 569-22 Unit A & B, assessor numbers 176-01-953 and 176- 01-954. If you have any questions please contact us. Thank you, Desti y Milic Owner STATE OF ARIZONA Adrianna Milic Owner COUNTY OF The foregoing instrument was ac woftdged before me this 51"' day of a.;,c- 20 By L- 'lotary Public —MY ASHLEY BOYES Notary Public - Arizona Mancopa County klv Commission Expires July 14, 2007 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[--] Meeting Date: 6/17/04 Contact Person: Tom Ward Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:[] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda` wording: Consideration of the liquor license application submitted by Pat and Richard Chen. for Chen's Garden Chinese Restaurant located at 1416720 E. Avenue of the Fountains.. The application is for a new Class 12 (restaurant) license. Staff Recommendation:. Approve Fiscal Impact: No $ 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 for representative purposes and the full application is available for review in the clerk's office. List All Attach ients as Follows: Staff memo, MCSO memo and application front page Tvpe(s) of Presentation: Consent Signatures of Submitting Staff: De artment Head � , Town na r Budget Review (if item not budgeted or exceeds budget amount) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION CITY/TOWN OF Fountain Hills STATE APPLICATION NOi 2o7sR92 COUNTY OF Maricopa , ARIZONA. eJW7TOWN/Q2WKW NO. 123 ORDER NO. At a Regular meeting of the Town council of the City/Town/County (Regular or Speiaja4 (Governing Body) Of Fountain Hills held on the 17 day of June 20()4 the (Day of Month) (Month) (Year) Application of Chen' s Garden Chinese Restauran#or a license to sell spirituous liquors at the premises described in Application No. I?n?592 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Pat (Pui Yee) Chen is hereby recommended for approval (approva1/4ijigpgK%jj1) 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. -xCxW�/TOWWWkftT,\Y CLERK Bevelyn 4ender DATED AT Fountain Hills, AZ his 17 day of June 2004 (Day of month) (Month) (Year) ' Disabled Individuals requiring special accommodations please call the Department k 1007 DEV1997 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: 9/ 2 S j 0 4 Date of Posting Removal: r 1 -1 / n A Applicant Name: Chen Pat (Pu i YPP) Nr Last First Middle Business Address:_16720 E. Avenue of Fountains Fountain Hills, AZ f3SZbfs' _ Street City Zip License #: 12075892 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Tnwn rlPrk 480-815-5115 Print Name of City/County Official Title Telephone # /,?, 11-21eox� 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 x0119 062003 `.. TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 27 2004 FR: Tom Ward of RE: Chen's Garden Chinese Restaurant Director of Public Work Liquor License Application Pat and Richard Chen are requesting Council approval of a new Class 12 liquor license for Chen's Garden Chinese Restaurant located at 116720 E. Avenue of the Fountains. 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. M Chen's Garden Liquor License Application.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Fountain Hills Subject: Liquor License — Chen's Garden Memorandum From: Galen Reifschneider #960 Special Events Coordinator District 7/ Fountain Hills Date: May 27, 2004 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Chen's Garden located at 16720 E. Avenue of the Fountains Fountain Hills, AZ. 85268. Background Investigation: This application is for an existing Class 12 liquor license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicants, (Pat Chen and Richard Chen) are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for these parties. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 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 X6, ' G R LICENSE (520) 628-6595 TION FORnIJOUOR LI TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Manacers 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 I This application is for a: SECTION 2 Type of ownership: �, •, ., ,;- (� / _-.; -1 NTERIM PERMIT Complete Section S ❑ J.T.W.R.O.S. Complete Section 6 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Section 6 ❑�-y Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 /PARTNERSHIP 52 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 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Ty pe of license and fees: LICENSE #: 1 P��� 1. Type of License: SCtZt r_ S 'I 'Z 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 f M. CH EA 1 A-T (Ful YEG) 1. Applicant/Agent'sName: Ms. (Insert one name ONLY to appear on license) Last First MAdlc 2. Corp.,,/Partnership/L.L.C.: (Exactly as it appears on Articles 6f Inc. or Articles of Org. ) 3. Business Name: & E-W I.5 6 �22D. (N W t5 t ?,E6 aUQA RT (Exactly as it appears on the cxter)or of premises) 4. Business Address: S (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: I(. - Q UO Residence Phone: (4 90) 5 31 -1 11 L 6. Is the business located within the incorporated limits of the above city or town? rYES ONO 7. Mailing Address: 5ARS A 5 A E City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY �] Accepted by�AWD Date - u" l Lic. Fees: Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES .APPROxtMATEL) 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER w'AITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL .APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05n003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. x- 0 - ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ' 400 W Congress #150 �rr. Phoenix AZ 85007-2934 ' Tucson AZ 85701-1352 (602) 542-5141 A6 a - O R LICENSE (520) 628-6595 TION FORnUMOR LI 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 years. See page 5 of the Liquor Licensing requirements. training course or provide proof of attendance within the last Q five �/� 5/04 SECTION 1 This application is for a: SECTION 2 Type of ownership: "W&) (113104 �NTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 6//%/4Y NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 52"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 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 1),¢. �n 5-0 1. Type of License: SC2l 1= S Z 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) M. CH EN PA 1 (Ful u_- 1. Applicant/Agent'sName: Ms. (Insert one name ONLY to appear on license) Last First Mi dlte�) 2. Corp./Partnership/L.L.C.: � . C. 0494 1 CO C fp 710 Z;� In (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: & C:.w1.5 C A QW CH Inl E5� gre5-rwafi A:[ (Exactly as it appears on the cxt . r of premises) p 4. Business Address: 1010 E . A J (_. O c " I I tb fUI214-T W H ILLS NAI COPA 6 S )_U (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:( 4 �o I ro - A UO Residence Phone: ( ) D1 -1 i 6. Is the business located within the incorporated limits of the above city or town? DYES ONO 7. Mailing Address: 5ARS A 3 At 4E- 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 - 21 u" 1 Lic. # 1�©n s0q� Fees: . �_jp $ C= �- 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. LIC010oo5/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 1. 1.. r SECTION 5 Interim Permit: iiliiiislIf 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. I lA74MIffi R LICENSE 4. Is the license currently in use? 9YES ❑ NO If no, how long has it been out of use? 1004 MAY 21 A 1 : ATTACH THE LICENSE CURRENTLY; ISSUED AT THE LOCATION TO THIS APPLICATION. V I, ?AI PU I i �L N CA &etA declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, I (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. State of County of ✓— y �e X GThe foregoing instrument was acknowledged before me this (Signa c /0 LA" ti ^ D. , My commission expires on-� 000 `_ tf Notary PubliC - Arizona My Commission Expires SECTION 6 Individual or Partnership Owners: July 9, 2006 EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Individual: Last First Middle Partnership Name: (Only the first partner listed will appear on license) Residence Address im;—i I oar G;rc, AA7dd1r 0/ O—M R—id-- Add — Citv State City Ct.tr 7in n n o/ ❑ ❑ U/ ❑ ❑ � (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 City State Zip Telephone # 2 SEn"WONJ Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. E CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, S, 6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: �.C.. &CA COR ORAT00 _ (Exactly as it appears on Articles of Inc. or Articles of Org.) LIUUUK LICENSE- 2. Date Incorporated/Organized: S 10 I q 1 State where Incorporated/Organized: 'o$14R�1-o 701L PLAY 2), o q 3. AZ Corporation Commission File No.: — 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 9NO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address E Citv State Zin 1 0 R I rat Il to E• v S�6 tad Cyt�,:l,ES V - 9 11 il5 E . 2o.' c-r I; . rou 'A Ht t c l- tsuk (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: ..t F:.rt Middlr °/ 0—n-1 P—id—, Add— City Ctato 7in Rl z S e°i° I Iv 5 R az h- s)4 L�•I CrI o°r° ll1.t,5- E . 46t'z J FougiA, a HiLo, Al- % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $29 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter or Bylaws)) Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEETS IF NECESSARY SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: "=xactly as it appears on license) Last First Middle Sraw Assignee's Name: Last First >�SE Middle 3. License Type: License Number: LIQUOR �Le o ast Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION ," "�IN{ST T�ENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO jSAg$Mgt Ttx-tvtlSl* CATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A_ SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: % (Exactly as it appears on license) r • 3. Current Business Name: (Exactly as it appears on license)r' Current Business Address: d1/ J J 5. License Type: License/&umber: Last Renewal Date: 6. Current Mailing Address (other than business): 7. Have all creditors, lien holders, interestrholders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate/the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this applic�on. i 9. I hereby relinquish my rights the above described license to the applicant named in this application and hereby declare that the statements made in this sect' n are true, correct and complete. I, j , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print fu name) STOCKHOLDER or LJENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. / State of County of X The foregoing instrument was acknowledged before me this (Signature of CURRENT LICENSEE) Day Month Year My commission expires on: (Signature of NOTARY PUBLIC) 4 I , SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) ?PLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: LIQUOR LICENSE (Exactly as it appears on license) 2004 M 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? r_.SECTION 13 Questions for all in -state applicants: J.c 1. Distance to nearest school: 1 t MI• if. Name/Address of school: Ebt�hCTAI►� I11Lt.S H�G�1 S�IoD1- (Regardless of distance) `�I oD E . PA 1.15gI�.5 Goo. 2. stance to nearest church: (t�1� fi. Name/Address of church: 640kc d a '[r1 L- A SCGA510t4 egardless of distance) / Its r�v3o4 HILLS 8LK4 „ Fml 11 am the: N LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $DO' What is the remaining length of the lease? 1 Yrs mos. 4b. What is the penalty if the lease is not fulfilled? $ 15 %4W f=E or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ im Does any one creditor represent more than 10% of that sum? ❑ YES A NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address Ci State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) CNIIJESE 9_e6TAj9A4 Z 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 CVNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES & NO 9. :s the premises currently licensed with a liquor license? 2 YES ❑ NO If yes, give license number and licensee's name: (License #) (Exactly as it appears on License) 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: t. Is there a valid restaurant or hotel -motel liquor license at the proposed location? LI YES ❑ NO If yes, give licensee's name: �kw Oat PA-t Poi -vf-E LM 0 WPAW 1101010 Last First Mid le 2. If the answer to Question 1 is YES, you may qualify for an Interim Pe ht rjdwhAyQ a I0ication is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 1 no 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC01 14) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? DYES ❑ NO SECTION 15, Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check AL es that apply to your licensed premises: &� Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. e, ti p 3 • r e ��6N Liquor s cXt � r b rt: � r - �rci �hdr'1 S E# 17 a �W;e``f-f 7� S ti YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. L LO r '-ECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. I l dAOA�t�:s �-I LIQUOR LICENSE 2. ---TAP Haui — I, 3. KAMA Cu[tNa Ali 4. (3111-L HK< 61Z1LL 12 5. _00C- ;Ui-NO , f 1'Z 6._W r1A6 A q 7. jF1�fWA I L 8. 6409LC 1 0: 'TN(- AStEt4610A 9. �lak6 C_ M, A U 10. _ klK6S"., r-out4-[N(A N1LL- IL 12. 13. 14. 5. TTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: 1, PAS 4^'u 1 y E- " CHW , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPL CANT/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 {q✓j?pniti Countyof UQy1 e.e j XPLJ1- The foregoing instrument was acknowledged before me this (Si urc) %D "-�COi / My commission expires on: 7-- Day LISA CARPENTERof NOTARY PUBLIC) y Notary Public - Arizona g Maricopa County My Commission Expires July 9, 2006 ' ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 _e5'a, Tucson AZ 85701-1352 (602) 542-5141 j Q Q O R LICENSE (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # Spa 1. List by Make. Model and Canacity of vcnir Grill / 5 oVC. (OHS C) il�o t- F Oven wa1-F Freezer C0MrgAAD"r.r'- Refrigerator W h 04- 1 F4 (.oqt9- i0 X ► o W beam` '(pRS Sink 3 COM?As`�!•tb�Z Dish Washing Facilities CMA MH wkSm wcA µhot i•� � Food Preparation f Counter (Dimensions) 3 1'/i x 6 Other Coa,rRS , PKaF -70 ,6 , .DOU6H Mfxe�- , ETC 2. Print the name of your restaurant: GM �i 5 6hgya. Z-S-1nuRAN I 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 b. Bar area of your premises [ + ] C. Total area of your premises [ 10 ] 5. What type of dinnerware and utensils are utilized within your restaurant? V Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ❑ Yes % Er No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) WO % *Disabled individuals requiring special accommodations, please call the Department. Lic01 14 05/ 1999 L 1 [ • 8. Does your restaurant contain any games or television? ❑ Yes R�No If yes, specify what types and how many of each type (Televisions, Pool tables, Video Games, Darts, etc). L1nijnR LICENSE 9. Do you have live entertainment or dancing? ❑ Yes dNo (If yes, what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. C11L�F - 690a5 ROMY-t S ArSD FtxD _Li KL- C.00 K - ALL OZ 90-5 ANu ,D 16 H Q T WArT SZAFF - , V\J% Wog AUD FWAPab-tr4K5 I, FAI ?\m K& %.fir hereby declare that I am the APPLICANT filing this application. I have (Pri t full name) read this application and the contents and all statements true, correct and complete. �/ State of ltV ��n� Countyof Hat V e C4G<. X The foregoing instrument was acknowledged before me this (Signature of WOCAN w �6 day of V /�O�) /`� Day fMonth M onth Year My commission expires on:: % � v� (SignatL ofNO ARY PUBLIC) E LISA CARPENTER Notary Public - Arizona Moricopa County Com My mission Expires July 9, 2006 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 400 W Congress #521 800 W Washington Sth Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 *101JOR LICENSE (520) 628-6595 HOTEL -MOTEL AND R"TAW TkIIgFV§ES RECORDS REQUIRED FOR AUDIT OF SERIES #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 LIC1013 05/2004 12. Payroll Records .rx 44 i 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 fo the premises pursuant to this article. (print licensee name): Last First Middle have read and fully understand all aspects of this statement. State of County of The foregoing instrument was acknowledged before me this X_ 0z day of (Signature ce see Day Mo th Year DARLENE RINE R7 NOTARY PUSLIC-ARIZ C-AR2ONA MARK.. COUNTY �'�' Comm —, Eap Oct. IS. 2006 _ My commission Expires on: Day Month Year (Signature of NO ARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS b I A Y t UI- AHIL.UNA CORPORATION COMMISSION CORPORATION ANNUAL. REPORT it CERTIFICATE OF DISCLOSURE 05/10/2004 TY03-04 q00 FILING FEE $45 - The follewlnp tnt Is requirod by A,R-S. §§10.1622 S 10.11622 for all corporations Organized purst,Ant to A(I1wne Revised Ststublt, Title i ; re Commission's sutnority to ptesar�� t{ >�� nrto Is A.R.B. N10.121.A• k 10.1121.A. YOUR REPORT 1 77 " SUS MITT90 ON THIS ORIGINAL. FORM !- i r 'c�r�l�hyi�W WeLorrlctlons where neces"ry. Information for the deport st1 ;.Cl nor otxrtxM status Of the corporation. See Instructions On pegs 4 for proper format. 21,D 14AY 21 A 10: 51 1. -047 R.C. +:.:.; f CQRFOIiJ'!Yf?bT 15720 E :. O>i FOVIE'r xxx 10UM4%. — ... AL 85268 • tas.tatr0t; Bus stato Z, 6t►tutol Wiling City, tt.. ACC Fee Panaity Relnlrm: EW"Is t�aserbmM 3. 8*cond- (Fo' R. this t4. Cht9Ck tr. 7. A 3- A 4.A ._6Ai _ e. El e. c _11,E. _ 12. Er _ 13. C _ 14. G — 10 _11 _ 16 --PORT 1t?/14/2003) CONTACT '1'HC COM4I29ION AT 602-562-32651 phone 18 optional.) ..,,:i10: ]►1rZ:t?NA Type of Corporation: SUSINS311111 Physical Address, at Different. Physical Addreser City, strrtt, gips i I o q E• C�3c:ItcC: Dr rd:, i,-,-4?AoPA ►aILLi. A& Use ehis box only if a ointin ................. --_....,.. ....... PP 0'..� now Ceat ...... ► A itsAt N sppolnting a tipw statutory agent, the new agent MUsr C"Snt 10 that 4ppointM&1t by signing below. t _ (nd vidual) or We, joorrwrstion w Iimrrad lrgri&y coavmriyl hevlrC been C.C3V11ZtVd OV new Statutory AOwrg, do hereby consent ry this gpontownt until my removal or rsrtr!gnatw pursuant to law. wJ Slgniouus of rww Statutory Al Vnl i Por4ad Namv of new Statutory Agent ,�bw wttlCh !rest cmcni)es the CHARACTER OF BUSINESS of your Corporation. �rJ l+T'nr+�g rL T CV ir' r�ATI M .....5 � � Q S ��a6 � 1��1r�%.Cturu,9 fl — it. ". News Media 0 — �lJ11Ga1ro ,a — 0. Fth meaaallcrl 4. . Clvio — 24. /t"ONA00or+rwng 5. Pall" _ Is. F%0=NnWLiV@ (.1cx E _ ANlgouc 70, heal E11w) 7, .._ boofat J 27. Asmi ran%. 0 — U l(ary _ n- A"I sale! 0. _ CiViY:a1 _ Ra. f &OV&'1Mwvan 10. _ A►hkWc _ 30, 4uft4i rtlrp Ewnis 1 _, liaaroeHaaoxah 31. Teolrlolopy 06n)putwo) 12. _ NoamalMaalln Cwe _ 32. TeatinU14 00-Gral) 13. — A�rrCulNll�i 33. TlwwelarVrtael,o 14. _ M1Ima' �. ;., .r•,,:,r _ N' TpurlanuConwnuor Sanncas 16, _ Homo,,... a.r.a:aon 0, Trarlaportalwn 10. _ Frewp d canfrnarusi _ 0I tAWAes lnOustr ., .. IfA06 as/ocrauon _ 37. Veterirw,ry Madbrn.tAnwmW Cars 17,.---- _ :iw1. Oltrr — 'n7s'M x . it . cu"o"-rz oN Page z b. GM!TALIZ..:', . fBuainrss Corporations and Business Truyis are RE4,., ED +o ccxnptale trns section.) , Bosir il; trusts t_.,;t indicate the number of Iransferyble Certificates heiC by trustees pvidAnCirig their beneticial interest to the trust astatc :'•• ;.se examine the corporation's onginai Articles of In orporatlon for the amount of shares authorized, Review all core,.:...;n amen4ments to determine if the original numoer of shams has changed. Examine the corporation's minutes for ft t i..,: Leer of SUMS issued. 'loon!• ;print or Typo Cleanly. Number of Share _ 00rtificates Authorized Class Series W itnin Class (It any) L.o ocn-6 o,...__..__Co hkolJ LIQUOR LICENSE Number of Sh, rtificateS isat.Nd Class N164 `rir,l` d IserAt jtSxSniCfasB {if any) ',4op — �Q r 8. SubREHo.. (business Corporations and Business Trusts are RfxQUM to oompieta this section.) I Liat aharehold- i ding more than 20% of any class of shares issuao by the corporation, or having more than a 20% beneficial inter ,ie corporation Pleaaa Type or Print Clearly. -X fLName: _ NONE ❑ Ug5 Nama;-- 7.fZFFi2gRfit .•tee TYya or Print clearly. You biu6t List at Least One. Name:-,-thflfa .- cab Title; "j,1 Address; _1'io4. _r a/ ,(tD� Date taking off; y l��cj�• Name: --CAAfiLO ..._'� rkLi4 _ Title' \iI"-p��►rs?E�7 Address' 17115 I~Dj;tYA Pg2IQc taste taking oft _s, I 443, Name: Title; Aclar ess Date tax+nq ctftcw Name: Title AWress. Date takiny office. 0, MIRECIOP Tyne or Print Clearly. You Must List at Least One. Name: .___S tU AX-o I --- Chi Name: Address: ,_-.01oq E• SAStAht bi¢ JL— Address: ..._� (late taking off. ! 1. c ' Iq Date taking office; Name: N k &L AS Acwrees: JU Sscl•. CZ',I JA _-M'J F— Date taking off, Name. Address. Date taking office: t (AILS. $10-11U2A.9) X�prOfk wrporalbrte a bnenale! elMerrtwM (a.g. �gOntererlQr168 atBlemant, Detunc• eAe.t If�Ci 16ing a68etrl. 14�0 lA�e}. Au o;rwr 'n3 at CMP"bne ere **enlpt kW Nnq a AnencW WsWloaura. A. MEMSM (AMS, i 10.1111M.A.1111) g1Ji�� ilp l+F�Dt�►ph►li �untarWwnM hwRwi»aa�+. rr►u anrpr ow WES U DOES NOT O he,,* members, Me 4A.R.S. M1a10tl.iU & 70-11{Z2.i .7) aappdminen Y Anotticer, airellcx, RWiN, h "I =-A ��'�PyO�Rb/blrkNONkpat +hei013 M,oarW,wrf► Ud0renlMrujj, slir o�, q af}-� �aptoQ trt yew ��� P q 1►te fale0lAlpn a thte aerllAr t.� 1 U' f , (� L I 1) \� 1 U J I tna wv�n •Mtlony,Yrepewrt eYrtts�ded �wot►ooneiattd adtrautl, rn krrP►eerrtratlon, trten W fateepwteneee or reetralnr a rrtta.a monopoly iA OW "a or fewal jurlowian Within the eaen rear pww immedWely preceding atrecijaw Ar this GeRm"Is? Or ere em0(od to fir1 kqu %bars, Jud"WK, t Wf" orpanrutx% OWW deny pale 4rfeCWnl aY,A aAttrrao wilrun the raven yes r peric4 irttm edial el y Pw'edlrtp IsAOcAlan of lhle catMk*f WAM m4h hunctlon, Judgment, dwm ex ewmonwrr omW involved the violation or h► M W a repialrellart ProvWW* Of dte ewsuralee owe of Out Iurtedlctlon, or (to) pee eDr*A w fmmd Jerre at tint 1trrled mw. of (a) Mle NOW at milmh of Nelda imm of irll I W*bcron l dMi l�iWiY ii YES A NO X *W l this deMowtm Inlenrttp(m MUMft AuprahtP¢ as an af1wrment to this report for eacn person eut�ect to one or mortr the e0t&w sWtttd in ilatm 1 • MKough 3. abou0• FW Aama, erW prior rnmee used, S. Del* ON Iaaelion of plrth, FWI of nam* t social v I+krr w Pn00"hoot sole". �. tlyneMrreanddracAplimaer:ncawM.iiur+ark�llcwWoon:ma POW edWammae (for httn"Me apeend wamtk R heaxostill txtuko m"rVY Involves, are the "le Phof *I T Meg PWNAI or oMum rw..ber of ttte caea I-HATMAMCMIAMMMU, RECIPMRSHIP at MAMIER RKYOWIM".9.4#10.202.1012,10-3M.02, 1a1623 ip.1 Hat e+e rsxporlrbn riwa a pettttan Jar trartluuptcy or aWdrted a raoeiver? wpbl R1�Ity:, Y�6 O NO,Qf KM ANY pwrart arervirlp emtar 4Y reCtbn or eppotrtknent w an 9Mltrer, tiireCtOr, t uetee, hoorporear I w ire then 20% of ttte tJ seared h such cawitjr g held a 7b% (M�iy radon du" berdvuplay, reo v**N or�nJ W rrwK the alhw noIPM11110/ [LhtMWIN Wim pertains to buebtew porWWO M OW O NO a 1 1 /TIw1r7'.�17�,REl�'.!A�Ip+^w�tl 10e3611% WWW M law tthpt 80 ON#&e @those tent Mma reaubeo by TO* 14 of the AM" FW"d $Wu%g haw baert Id tarot arts MUM 1111eparYaertE of MvMue. 11ur31w y0lare u>Wer Pearly of low suit I (me) nMw eaemined lhle report W4 tM .ttrteote, ktokrtrrwtts, and to RM beat of my (art) knowledge ens bartrre they are u" aorreat and o* MpMte. "----��-�►�_ gat. �---i �-°� OWWW O11 Inuat !e d* &Wwind OOV&vM affioer(e) ilew to mwden 7 of fte report.► �rW CAP, a O 0 0 c� �'? 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O C 77 ..�':E sE dq Fjv 'Y^+, !av '� 7�T YC� ��aXC �O+ Y 7 7�°ry d e u.2 V6a V1m F Y. U Uv�i G"�i Ui Cp G ai r'Z'i Win US x� vain Q� �� vim a� �� �.•+� �► � in in Ln Ln tn Ln Ln Ln Ln � Ln Ln LA Ln � Ln Ln m Ln Ln Ln v a s a a a a a a C� a s a a a a a a a s Lai Lei d d t. ei ei �c Ln� in8 Ln o �o eri eV '. . e g •S o 3 55 +ter •tl ° s O' A Fo q � g 3w °� r Z ris ul Y N �• m a d A o '• � x `�� � $8 d E S m� r wP a� mm (j9� Ln 'O s u ` .1dCF c$' v V] v " 7 •O Z' C •• tb � fi m Z Vo • � m� =� r' m C ` A � S .L ° � � .K-m d 5 ub L d$ Y d3 •i PC & s� �•� A .�a O.7 v y V) a A� U-6 X1S �3 d C C o Rlr u cuss�,,E c Y V) •C OD K O x qx P.,x �� ;,: o�d•�,9 A� c� c� 3�m �� �a�c p � p O �� oo� U� - Ln o C? Ln 8 In q `y 6" •o v d `J b C7 i t q K m Y n� .� 0 0° a a ` "0 6s K C.= v 0 o C u a O A C v A.� t o d E 00 wu a n.0 a wf w� 5f .Tm w w ��� �. -Qw� —. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL (C)�( 400 W Congress 4521 800 W Washington 5th Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520)628-6595 (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and.Sirifidate4riforrrration is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting orany,ptAbKc,vieW. in. r rn Read caFefully. This it m An extensive vestr ation o yqur incriminal prosecution Qrn document,lpe or print with black ink. �l be conducted. ayse or mcorpplete answerscould result or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10a/u OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING MUST E DONEIS FORM Y A BONA FIDE ST L W ENFORCEMENT AGENCY OR A FINGERPRINTINrr AN "APPLICANT' TYPE FINGERPRINT CARD G WHICH SERVICE APPROVED BY TIETHE PARTME:N'T OF LIQUUOORG THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # ER 10/01 /03 there is a $29 00 processing fee for each fint=ernrint card submitted. V"�­MS U I,�, A service fee rre,c an ..:u he ch:! ed for Al dishnnored checks (A.RS. 44.6852) Check appropriate box —♦ ( If the locution k ciirrentlX licensed) ❑Owner ❑Partner ❑Stockholder ❑Member ❑Officer 0 Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 � to 2. Name: _RF-l y o t Pt i t �PE' N G Date of Birth: 10 1(7� 1 Last First Mid&O (This Will Not Become a Part of Public Records) 3 . Social Security Number: b U� c�� ' � "Z,\- r —Drivers License #: U (J � R � �� State: jq (This Will Not Become a Part of Public Records) l 4 . Place of Birth: Hn h r3 N Height: _ Weight: � tb Eyes: RllqC�Jiatr: g „_ city Scale Country (not county) 5. Marital Status ❑ Single ZI Marred [I Divorced ❑Widowed I Residence (Home) Phone: O _-_ 6. Name of Current or Most Recent Spouse: Cw (-- I'\ � Date of Birth: ill for last 5 vears - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? 6 if Arizona, date of residency: �, I _S I Oqy_ 9. 10. 11 12 13 Telephone number to contact you during business hours for any questions regarding this document. C1)—ZLL - S?So If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. G� Name of Licensed Premises: CKeV1 S CzatLi,, Premises Phone: Licensed Premises Address: 1 �� �i�e .�t ��e} a v.�r,�a1s.-- Street Address (Do not use PO Box #) City County Zip f m loved art of the time list those dates. List most recent 1st. List your employment or type of business ounng me past five (5) years. i me p p EMPLOYER'S NAME OR NAME OF BUSINESS FROM TO DESCRIBE POSITION OR BUSINESS (Give street address, city, state & zip) Month/Year Month/Year phiSa�c�H CURRENT 1 I) _ VU t f 14� 140. %rick. / 00 6 19S � r„ •1; ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SEC HUN 4 I - .1. . Indicate your residence aaaress Rent or ror the tact ftvc w ) ycai a. RESIDENCE Street Address Citv State Zi FROM TO Month/Year Month/Year Own „� If rented. attach additional sheet giving name, address and hone number of landlord Q _ �c� o. , �S CURRENT VeLiww, ) arsons n ease ca 1 . LICW— Ulsanleu nulviuum s requu ring ipt...o.....�.,.......,___.__Y- 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 EJYES 3N-Cv7 the licensed premises ? If you answered YES, how many hrs/day?Z answer #14a below. if NO, skip to #15. l 4a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑' 113S ❑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 DYES ZNO 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 suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition .fNO even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? DYES 2rNO 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 DYES XNO fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved DYES 21NO fraud or misrepresentation of a business profesvional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, or manager on any other liquor license in this or any other state? DYES ONO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates agencies involved and 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 921 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO if "yes", attach a copy of such agreement 24. I, /(J f k i C /-L e /-, , hereby declare that I am the APPLICANT filing this questionnaire. (Print full Aame of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. X o sH7.s7,jA OFFICIAL SEAL - KIMBERLY N. BANUET NOTARY PUSUC—ARIZONA ' My commission exp' _ e MARICOPA COUNTY State of County of Hr ti o!�_) The foregoin strument was acknowledgebefore me this day of 0 D Da ih Year ( ature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU AREA LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) My commission expires on: DaN Month Year day of Day (Signature ofNOTARY PUBLIC) Month Y_ ARIZONA DEP,4' TMENT OF LIQUOR LICENs-s & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 Tucson W Congress #150 (602)542-5141 on AZ 85701 1352 6 (520)628-6595 CERTIFICATION OF COMPL OF THIS FORM FROM DLLC-DO NOT PH( ALCOHOL TRAINING A-i i . I {JLIT�I% - ROGRAM(S) DOCUMENT Is COMPUTER SCANNED. TYPE OR PRINT u N INK. TYPE OF TRAINING COMPLETED �Ll�Co [ BASIC ate raining mpeted ON SALE I�f MANAGEMENT ❑ OFF SALE BOTH ❑ OTHER _ IF TRAINEE IS EMPLOYED BY A LICENSEE: NAME OF THE LICENSEE BUSINESS NAME LIQU R LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION 4�cb✓ Ci�2:, su Company or Individual Name G. �y Ztbb2 n� Address ' "LeSA S-s-in %WB InnCertify the above named individual has successfully completed the specified program(s). ll I - (2 'Or ygu, records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2) u rr Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, on -sale or off -sale). will inclu owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAYeither TO DAY OPERATION OF THE 8de all f S'NSthe e following: 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 Managers 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 otneas Disabled individuals requiring special accommodations please call (602) W-9051 E 0 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL r 1 t 400 W Congress 4521 800 W Washington 5th Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520)628-6595 (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthd�t��f�lrgfp1Ir8ati is Col�#'idential. This information maybe given to local law enforcement agencies for the purpose of background checfcs,.odly. =Nsit be -blocked to be unreadable prior to posting or any public view. Rgad cayeftllly. his instrument is a s, dti�lttttl'dlt e161r gn t with black mk. An extensiiri crlmin l prosectit%n and tTieoduen,al il bsequentrevocati000ntt - a Vense or permicould result TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (100/. OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29 00 processing fee for each fineerprint card submitted. e ­,;. f a gfS25 nn will he churned for all dishonored checks (A.R.S. 44.6852) 1. Check appropriate box —♦ ( If the lorabon is currently licen%ed) ❑Owner ❑Partner oSiockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must com lete # 25 I 1 _ r. r' i�� F��I—� �( Date of Birth: Last 2. Name: —�L First Middle (This Will Not Become a Part of Public Records) Last p 3 . Social Security Number: 60, 0 Drivers License 4:,D 0 State: (This Will Not Become a Part of Public Records) u 1•() 4. Place of Birth: Q'j hCt_ Height: 5�"IS Weight: J'��bEyes: Hair: NacL City State Country (not county) 5. Marital Status ❑ Single [� Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( ) ?1 —1-2_- 1 6 Name of Current or Most Recent Spouse: C�E h �a N i IFP NG Date of Birth: 11 for last 5 years - Use additional sheet if necessary) Last First Middle Maid 7. You are a bona fide resident of what state? t } If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 4G )�-�5�� 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. t Premises Phone: 10. Name of Licensed Premises: � ��P t1 � r,�Pr� - -- 11. Licensed Premises Address: j� r^F /��e of -W Fn i E", a°`tr` Nr Y-1C(j [ Street Address (Do not use PO Box #) City County I Zip 12 �_._ icy ..,...... n i nfthe time. lift those dates. List most recent 1st. List your employment or type of nusiness aunng uic pass ilvc t�� Y-- TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS FROM OR BUSINESS (Give street address, city, state & zip) Month Year Month/Year ] CURRENT ^ 0 a t 13. ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION j f 5 Indicate your residence aaaress Rent or Own �� ve VX for the last the ( ) years. RESIDENCE Street Address If rented, attach additional sheet ivin name. address and hone number of landlord pC'Dr tl� Citv State Zi � FROM Month/Year TO Month'Year CURRENT "Is2ijilcu m m on s requiring specia accommodations p ease ca ( ) _ - If You checked the Manager box on the front of this form skip to # 15 14. s an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the OYES VNG ' the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES [ZIO 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 DYES %NO those that were alcohol and/or drug related 16. Have you EVER been convicted, 0ned, posted bond, been ordered to deposit bail imprisoned had sentence OYES )KINO 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 OYES O 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 had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked suspended or OYES KNO fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judement a-eainst you in a civil action, the subject of which involved OYES [ENO 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, OYES ONO or manager on ant, other L uor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates akencies 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 ivianager aecnon I 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES [:)NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, f(S C A 0 d y CA el , hereby declare that I am the APPLICANT filing this questionnaire. (Print frill name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. State of 12Ai -2 ! vt et_ County of , ,�r� XZ. 1-,,4�zThe foregoing instrument was acknowledged before m this i2nature of Anplicant) My commission expires FILL IN THIS c l day of Ltlx7� o`? OU4 OFFICIAL SEAL Day otiiri Year KIMBERLY N. BANUET NOTARY pUBUC—ARL,ONA -�ZL (Sign re ofNOT Y PUBLIC) _NSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Mana er 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) My commission expires on: Day Month Year day of , Day Month (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL if • � A " l 400 W Congress #521 800 W Washington 5th Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 0 (520)628-6595 (602) 542-5141 QUESTIONNAIRE 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 background checks only but must be blocked to be unreadable prior to posting or any public ( J C FF ' C {_ Rgad cafefylly. This instrument is a rn document. a or print with black mk. An extensive mye ti ation of yqur ba fro nd wi �e conducted psse or co p ete answers, could result m criminal prosecution an tfie �emal or subP,Y2j�01AATe2DTat10A0,f0. � se or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (1(rOR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR - THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29 00 processing fee for each fingerprint card submitted. A service fee ofS25.00 will be charred for all dishonored checks (A.R.S. 44.6852)y�J Check appropriate box —♦ ❑Owner ❑Partner ZStockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: C� C Date of Birth: I Q.1,1", / 1 Q 61 Last F Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: `1 % 11,s �"L State: (This Will Not Become a Part of Public Records) 4 . Place of Birth: a-\ ►, Height: �sfs" Weight: 1 1r f k Eyes: Bra_ Hair: R_ City State Country (not county) qq 5. Marital Status ❑ Single W Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (8U ) _ 6. Name of Current or Most Recent Spouse: C�� fZr\ �.a Ty- Date of Birth: 444 all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? ��7� If Arizona, date of residency: al'l 31 Iss 8 Telephone number to contact you during business hours for any questions regarding this document. &&(J—aA1-- ssgo 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: C-kEhl C, Premises Phone: O_- 11. Licensed Premises Address: 6-0-D Rye of �r o rf. r��11i� M .rig �n $R Street Address (Do not use PO Box #) City O.ounty Zip 12 -'L- sr— icy — ;r.,,,P.,,, l—ri .,art nfthe. time list those dates. List most recent Ist. .List your empioymeni or type ofFROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS OR BUSINESS (Give street address, city, state & zip) Monthn'ear Month/Year ChEviS c�,xden '-� CURRENT _ l�v C O t 13. ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION j f h 1 t f (5) ears tnaicate your FROM J MonthrYear residence TO Month/Year address Rent or Own or t e as — y RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord Citv State Zi a. CURRENT _ e'CAV- t isa e in ivi ua s requiring, special accommodations please call 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 GJYES the licensed premises ? If you answered YES, how many hrs/day?__[(L, answer #14a below. If NO, skip to 415. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ja'N0 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 DYES ONO those that were alcohol and/or drum related 16. Have you EVER been convicted, fined, Posted bond, been ordered to deposit bail, imprisoned, had sentence ❑YES ZNO 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 drum related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES summonses PENDING against you or ANY entity in which you are now involved? P1N0 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or DYES ONO fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iudmment amainst you in a civil action, the subject of which involved ❑YES VNO fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, DYES ENO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a sinned statement giving complete details.Please be sure to include dates, a rencies involved and dispositions If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) [-]YES E]NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, -�j� , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionna' e an he contents and all statements are true, correct and complete. 1J State of D R c,— County of �{ �� I C 0 X The foregoing instrument was acknowledged before 6e this (Signature of Applicant) 41H. ST�� OFRCIA; L OL t S P.BAIR ; E r day of ' V t bA�� NOTNRY PIJEUCY .-F,RIZGNF"' onth Year My commission expires on: ) ` Id,4RICGPF C) P T`( / My Comm. Day Monthiffii _;tSignature ofNOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. 1, (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 Day My commission expires on: Day Month Year (SignatureofNOTARY Month N = Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:® Meeting Date: 6/17/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® TVAe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas)t ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: PUBLIC HEARING to receive comment on ORDINANCE 04-05, which is a Zoning Ordinance Text amendment to incorporate the Residential Driveway Policy into the Zoning Ordinance and repeal Resolution 1992-27. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Currently, Resolution 1992-27 (approved by Town Council on September 17, 1992) implements the Town's policies on the placement and design of residential driveways for single family and duplex residences. There are additional provisions within Section 7.03(A) of the Zoning Ordinance that also provide regulations for the placement and design of driveways for single family, mobile homes, and multi -family residences of four or less dwelling units. In an attempt to simplify the regulations for the placement of residential driveways and incorporate all driveway regulations into one document, staff is proposing Resolution 1922-27 be repealed and incorporated into the Zoning Ordinance. In addition, staff is requesting a revision to the surfacing requirements of the driveway regulations in response to difficulties associated with enforcing unpermitted driveways and the misinterpretation of "stabilized granite". List All Attachments as Follows: Staff Report; Ordinance #2004-05; Resolution 1992-27 Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: D artment Heacir Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF MEMO TO: Honorable Mayor and Town Council DT: June 1, 2004 FR: Molly Bosley, AICP, Planning & Zo i : Case # Z2004-02; Residential Driveway Administrator and Randy Harrel, 'Regulations Engineer SUMMARY: The Town's Code Enforcement Officers initially requested a revision to the surfacing requirements of the Residential Driveway Policy in response to the difficulties associated with enforcing unpermitted driveways and the misinterpretation of "stabilized granite". After discussing such proposed changes with the Town Engineer, it was determined that there were additional engineering concerns associated with the use of rock driveways. Currently, Resolution 1992-27 implements the Town's policies on the placement and design of residential driveways for single family and duplex residences. There are additional provisions within Section 7.03(A) of the Zoning Ordinance that also provide regulations for the placement and design of driveways for single family, mobile home, and multi -family residences of four or less dwelling units. In an attempt to simplify the regulations for the placement of residential driveways and place all regulations in the Zoning Ordinance, where staff believes they should reside, staff is proposing Resolution 1992-27 be repealed in its entirety and incorporated into Section 7.03 of the Zoning Ordinance. EVALUATION: As per Town Engineer Randy Harrell, the following conditions are being experienced throughout the Town as a result of rock driveways: ■ Although rock surfacing is currently only allowed on relatively gentle driveway slopes in the Residential Driveway Policy, major storms have caused significant washouts of the rock driveway surfacing in a number of locations. The Town has to sweep these up downstream, and haul them to the dump with the rest of the sweepings resulting in high removal costs to the Town. In addition, the washouts may cause increased clogging of catch basins, spillways, and storm drainage pipes. ■ Rock driveway surfacing requires more regular maintenance than do hard surfaced driveways: that maintenance is commonly not being performed on the existing driveways. Driveways get rutted, get muddy, and have ponded water. ■ Rock driveways are not handicap accessible, but are frequently the only access between the residence and the street. ■ Rock driveways can give off some fugitive dust when driven on — and can be a contributor to particulate air pollution. In addition to the engineering justifications presented above, concerns have been expressed by our �► code enforcement officers with respect to the term "stabilized granite". By definition, stabilized granite includes a commercially available stabilizer product mix (i.e. Portland cement, lime, natural resin, or similar product) to minimize raveling (surface wearing under vehicular movement) of the decomposed granite surface. It has been difficult for our code enforcement officers to adequately enforce this provision because several residents have claimed the Town once approved a secondary driveway consisting of the same decomposed granite material as one would use for landscaping purposes. Since the new Arizona records retention procedures now require the Town to dispose of building permit site plans, staff has no long-term record of what rock -surfaced driveways have been approved by the Town and prior to incorporation of what rock -surfaced driveways were approved by Maricopa County and the Fountain Hills Road District. Therefore, the following changes are being recommended to the Zoning Ordinance: 1. Resolution 1992-27 will be repealed in its entirety. 2. Ordinance 2004-05 will incorporate and codify the residential driveway policies into Section 7.03, Design and Location of Parking Spaces. 3. Revisions to the residential driveway policy include the following: ■ Expansion of the driveway policy to apply to mobile homes and multiple -family residences of four or less dwelling units. The existing policy applies to single family and duplex units only. ■ All single family, mobile home, and multi -family residential driveways, regardless of slope, shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. The existing provisions within Section 7.03(A)(2) of the Zoning Ordinance exempt single family residential driveways having a slope of less than five percent. In addition, Resolution 1992-27 allows 6" of stabilized granite to be used on primary driveways and 4" of aggregate base, stabilized granite, gravel, or decomposed granite, for slopes less than 10% on secondary driveways. ■ Expansion of the provisions within Resolution 1992-27 to limit back -out driveways on the following additional facilities: Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. ■ Removal of Section 4(C) of Resolution 1992-27 (Driveways shall not be located within the 25' x 25' safety triangle on corner lots) as it is redundant with other provisions of the policy. ■ Minor word changes to provide additional clarification on the provisions are being recommended, but the intent of the remaining provisions of Resolution 1992-27 are unchanged. This text amendment was heard before the Planning & Zoning Commission during their regularly scheduled meeting on May 27, 2004. There were no public comments received and the commission unanimously voted to recommend approval of Ordinance #2004-05. RECOMMENDATION: Staff recommends the Town Council approve Ordinance #2004-05. Attachment: Ordinance #2004-05 Resolution 1992-27 RESOLUTION 1992.27 A RESOLUTION OF THE AL YOR A,ND COIN THE TOWN OF FOUNTALN EMLS, ARIZ( DRIVEWAY POLICY FOR THE CONSTRliCTION A -ND PLACEI-IENT OF RESIDEtiTIAL DRIVEWAYS LY THE PUBLIC RIGHTS -OF -WAY. WHEREAS, The Town Council of the Town of Fountain Hills, Arizona, as the Pveraing body of public rights -of -way located in the Town of Fountain Hills; and - WHEREAS, The Town Council of the Town of Fountain Hills, Arizona has the authority to control access onto and off of its public rights -of -way; and W ER%AS, The Enginee.-ing Department of the Town of Fountain dills, Arizona has developed the artached policies concerning the widths, numbers and locations res=-.cdons for single-family and duplex residential driveways for Town Council consideration; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona that attached policy is hereby adopted - PASSED RIND ADOPTED this 17th day of September, 1992. ATTEST: FOR THE TOWN 0 0 AIIN H11 T .S: Cassie B. Hansen John M. Cut:llo, Mayor Town Clerk REVM"ED BY: APPROVED AS TO FORM: Paul L. Nordin, Town Manager William E. Farrell, Town Attorney 6. GRADE BREAKS: Gradc breaks shall conform to City of Phoenix Detail P-1164.1 vertical curves shall provide an equivalent vehicle ground clearance. 7. SURFACING: At least one driveway on a lot shall be a minimum of 4" of concrete; 2" asphalt on 4" aggregate base; brick or concrete paving on a suitable base, or for driveway slopes less than 517o, 6" of stabilized granite. Secondary driveways may be 4" of ag,egate base, stabilized granite, gravel, or decomposed granite, for slopes less 10%. than $• MINIMUM RISE: Driveways shall rise to at least 7" above the gutter line within 5' of the- curb. Greater rises shall be used where needed to prevent flooding. 9. WEDGE CURB REMOVALS: Concrete, asphalt, or other materials shall not be placed in the street to improve driveability at existing wedge curbs. Existing wedge curbs shall be removed and replaced usiing the Town Standard Detail, when desired by the property owner or directed by the Town Engineer. 10. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety, operarional needs, and the nearest conformance to this policy as possible. nR1vnU�,4 5112 1 TOWN OF FOUNTAIN HILLS ENGINEERING DEPARTMENT RESIDENTIAL DRIVEWAY POLICY 1. This policy applies to new or changed driveways for single family and duplex residences. 2. WIDTH: Driveways shall be a minimum of 10' and a maximum of 24' wide wit. the public right-of-way. A driveway shall not exceed a 32' distance measured at the back -of the curb, including wings. �• NI'NOER: No more than two driveway entrances will be allowed at any individual lot. Bac'K-out type driveways will not be allowed on the following arterial or major collector streets: Shea Blvd., Fountain Hills Blvd., Saguaro Blvd., Palisades Blvd., Golden Eagle Blvd. (cast of Marathon Drive), Grande Blvd., LaMontana Drive, El Lago Blvd. (Fountain Hills Blvd. -Saguaro Blvd.), and Montezuma Blvd. 4. LOCATION RESTRICTIONS: Driveways shall not be located: A. Within 30' of another driveway on the same lot, at the right-of-way ,line. B. Within 40' of another driveway on the same lot, at the street curb. C. Within the 25'x25' safety triangle on corner lots. D. Within 5' of the property line. - E. Within 25' of a guardrail ending. F. Within 100' of a bridge or major drainage structure. G. Where adequate sight distance is not available, in the Town's Intersection or Roadway Sight Triangles. H. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. I. Within the following minim11,m corner clearances at stop sign controlled intersections: Arterial Collector Local From intersecting Street Curb 115' 85' 50, From median break 85, 85, 50' J• Within the corner clearance designated by the Town Engineer for current or future anticipated traffic signal controlled intersections. 5. SLOPE: Driveways shall slope a minimum of 2% and a maximum of 18%. A minimum length of 20' shall not exceed 10% slope, for vehicle parsing, on at least one driveway on the lot. ORDINANCE NO.04-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO RESIDENTIAL DRIVEWAYS AND REPEALING RESOLUTION NO. 1992-27. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the Zoning Ordinance establishes the authority and procedures for amending the Zoning Ordinance; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to Axtz. REV. STAT. § 9-462.04, public hearings were advertised in the May 12, 2004 edition of the Times of Fountain Hills; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on May 27, 2004, and by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on June 17, 2004. WHEREAS, the Town Council adopted Resolution No. 1992-27 on September 17, 1992, establishing a residential driveway policy (the "Resolution"). WHEREAS, the Town Council desires to repeal the Resolution and amend the Zoning Ordinance to include provisions relating to residential driveways. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Resolution is hereby repealed in its entirety. SECTION 2. That Chapter 7, Parking and Loading Requirements, Section 7.03, Design and Location of Parking Spaces, of the Zoning Ordinance is hereby amended to read as follows: A. Single -Family Residences, Mobile Homes, and Multiple -Family Residences of Four (4) or Less Dwelling Units. 2. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. Ott than single family deteehed residential dr-iveways having a slope of less than 5 per-e All parking spaces, 9196.001\.\ZO-TA Driveway.ord.doc 1 5-10-04-1 driveways and access ways shall be surfaced with asphaltic concrete, men CONCRETE PAVERS, bricks or cement concrete. 3. Driveways: Driveways and access ways shall be not less than ten feet wide for one-way traffic, and not less than 20 feet wide for two-way traffic AND NOT MORE THAN 24' WIDE WITHIN THE PUBLIC RIGHT-OF-WAY, EXCEPT THAT A DRIVEWAY MAY BE UP TO 32' WIDE AT THE STREET CURB LINE, MEASURED ALONG THE BACK OF THE CURB, INCLUDING THE WINGS OR RADII. DRIVEWAYS ACCESSIBLE BY THE FOLLOWING ARTERIAL OR COLLECTOR STREETS MUST PROVIDE AN ADEQUATE ON -SITE TURNING RADIUS FOR VEHIICLES, SUCH THAT BACKING OUT OF THE DRIVEWAY IS NOT REQUIRED: SHEA BOULEVARD, FOUNTAIN HILLS BOULEVARD, SAGUARO BOULEVARD, PALISADES BOULEVARD, GOLDEN EAGLE BOULEVARD, GRANDE BOULEVARD, LA MONTANA DRIVE, EL LAGO BOULEVARD (EAST OF FOUNTAIN HILLS BOULEVARD), AVENUE OF THE FOUNTAINS, EAGLE RIDGE DRIVE, SUNRIDGE DRIVE, PANORAMA DRIVE AND TECHNOLOGY DRIVE. 4. NUMBER; TYPE: NO MORE THAT TWO DRIVEWAY ENTRANCES WILL BE ALLOWED FOR EACH INDIVIDUAL LOT. 5. LOCATION RESTRICTIONS: DRIVEWAYS SHALL NOT BE LOCATED: a. WITHIN 30' OF ANOTHER DRIVEWAY ON THE SAME LOT, AT THE RIGHT-OF-WAY LINE. b. WITHIN 40' OF ANOTHER DRIVEWAY ON THE SAME LOT, AT THE STREET CURB. C. WITHIN 5' OF THE SIDE OR REAR PROPERTY LINE. d. WITHIN 25' OF A GUARDRAIL. e. WITHIN 100' OF A BRIDGE OR MAJOR DRAINAGE STRUCTURE. 9196.001\..\ZO-TA Driveway.ord.doc 2 5-10-04-1 In f. WHERE THE FOLLOWING SIGHT DISTANCE REQUIREMENTS ARE NOT AVAILABLE: EXHIBIT 16 SIGHT DISTANCE REQUIREMENTS DRIVERS' EYE 3.50' HIGH T 18.00' STREET 10.00' DRIVEWAY i r r r i FACE OF CURB �rr r - r i r r r t fr CENTER OF LEFT LANE 3.50' HIGH D od w� AREA MUST BE CLEAR OF ALL SIGHT OBSTRUCTIONS CENTER OF CURB LANE 3.50' HIGH 0 SPEED LIMIT (MPH) 20 1 25 1 30 1 35 1 40 1 45 1 50 1 55 "D" 240 1300 1380 1 470 1 580 1 710 1 840 990 g. WITHIN 2' OF THE NEAREST PART OF A FIRE HYDRANT, UTILITY POLE, DROP INLET, TRAFFIC SIGNAL, LIGHT STANDARD, WALL, FENCE OR SLOPE STEEPER THAN 10:1. h. WITHIN 230' FROM AN EXISTING OR ANTICIPATED FUTURE SIGNALIZED INTERSECTION WITHOUT APPROVAL FROM THE TOWN ENGINEER. i. AT STOP SIGN INTERSECTION LOCATIONS: 9196.001\.\ZO-TA Driveway.ord.doc 5-10-04-1 3 i. WITHIN 115' OF AN INTERSECTING STREET CURB OR GAP IN A MEDIAN CURB ON AN ARTERIAL STREET. ii. WITHIN 85' OF AN INTERSECTING STREET CURB OR GAP IN A MEDIAN CURB ON A COLLECTOR STREET. iii. WITHIN 50' OF AN INTERSECTING STREET CURB OR GAP IN A MEDIAN CURB ON A LOCAL STREET. 6. SLOPE REQUIREMENTS: FOR A DISTANCE OF 20' FROM THE PRIMARY STRUCTURE, THE DRIVEWAY SHALL NOT EXCEED A 10% SLOPE. IN ALL OTHER LOCATIONS DRIVEWAYS SHALL SLOPE AT A MINIMUM OF 2% AND AT A MAXIMUM OF 18%. 7. GRADE BREAKS: GRADE BREAKS AND VERTICAL CURVES SHALL PROVIDE ADEQUATE VEHICLE GROUND CLEARANCE. 8. MINIMUM RISE: DRIVEWAYS SHALL RISE TO AT LEAST 7" ABOVE THE GUTTERLINE, WITHIN 5' OF THE CURB. GREATER RISES SHALL BE USED WHERE NEEDED TO PREVENT FLOODING. 9. WEDGE CURB REMOVALS: CONCRETE, ASPHALT OR OTHER MATERIALS SHALL NOT BE PLACED IN THE STREET TO IMPROVE DRIVEABILITY AT EXISTING WEDGE CURBS. WEDGE CURBS SHALL BE REMOVED AND REPLACED USING THE TOWN' S STANDARD DETAIL AT ALL THREE AND FOUR UNIT PROPERTIES AND WHEN DESIRED BY THE PROPERTY OWNER OR DIRECTED BY THE TOWN ENGINEER. 10. IF NO DRIVEWAY ACCESS LOCATION MEETING THE ABOVE STANDARDS IS POSSIBLE, THE TOWN ENGINEER WILL DESIGNATE ONE DRIVEWAY ACCESS LOCATION BASED ON TRAFFIC SAFETY AND OPERATIONAL NEEDS; THE TOWN ENGINEER SHALL REQUIRE CONFORMANCE TO THIS SECTION AS MUCH POSSIBLE IN MAKING SUCH DETERMINATION. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 91%.001\.AZ0-TA Driveway.ord.doc 4 5-10-04-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 17, 2004. //X�' FOR THE T.O�WN>OF'FOUNTAIN HILLS: W. J. Nichol, Mayor REVIEWED BY: r�J Timothy G. rickering, Town Manager 9196.00I\..NZO-TA Driveway.ord.doc 5-10-04-1 ATTESTED TO: -, Mum 114 O •� Town APPROVED AS TO FORM: —0 � A)k-, An . McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:® Meeting Date: 6/17/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® TVUe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: 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 Regular Agenda Wording: PUBLIC HEARING to receive comment on ORDINANCE 04-09 approving a rezoning request from mix of R1-6 and OSR to R1-6 for property located at the northeast corner of Palisades and Sunridge "Hilltop". Staff Recommendation: Approve Fiscal Impact., No $ Purpose of Item and Background Information: This request is by SunCor Development to allow a rezone of 6.439 acres from a mixture of "R1-6" (single family residential) and "OSR" (open space recreational) to "R1-6" (single family residential) for property located at the northeasterly corner of Palisades Boulevard and Sunridge Drive, aka final plat "Hilltop at Sunridge Canyon". This applicant is requesting this rezone to correct an error on the Official Zoning Map leading to the inaccurate representation of the zoning classifications for the final plat "Hilltop at Sunridge Canyon". List All Attachments as Follows: Staff Report; Vicinity Map; Final Plat "Hiltop at Sunridge Canyon", Application Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: De rtment Head--..-----) -17�0 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Zqm TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO Honorable Ma or and Town Council DT: June 1 2004 FR: Molly Bosley, AICP, Planning an Zo ing Administrator RE: Hilltop Rezone. Case # Z2004-03 I\J\ This request is by SunCor Development to allow a rezone of 6.439 acres from a mixture of R1-6 (single family residential) and OSR (open space recreational) to R1-6 (single family residential) for property located at the northeasterly corner of Palisades Boulevard and Sunridge Drive aka final plat "Hilltop at Sunridge Canyon". APPLICANT: Quinn Johnson, SunCor Development OWNER: Muscarello, Crisanti and Young Profit Sharing Plan. EXISTING ZONING: R1-6 and OSR EXISTING CONDITION: Vacant LOT SIZE: 6.439 acres SURROUNDING LAND USES AND ZONING: NORTH: Sunridge Golf Course zoned "OSR" and Existing Single Family Residential zoned "R1-10A" SOUTH: Single Family residences zoned "R1-8 and R1-18" EAST: Sunridge Golf Course zoned "OSR" WEST: The Villas at Copperwynd Multi -Family Residential zoned "R-5 PUD" SUMMARY: This application proposes to change zoning from the current R1-6 (single family residential) and OSR (open space recreational) to R1-6 (single family residential). The applicant is requesting this rezone to "clean up" the misunderstanding of zoning designation of these lots. The Town of Fountain Hills Zoning Ordinance under Section 2.01(E)(1), the Council may adopt the recommendations of the Commission without holding a public hearing if there is no objection, request for public hearing, or other protest. Since there have been no objections received and no request for public hearing, staff is requesting Town Council consider this request on consent agenda. EVALUATION: This property was annexed into the Town of Fountain Hills in November of 1996. At that time the zoning, as set forth by the City of Scottsdale, was R1-6. This zoning district was continued with the Hilltop Rezone Case Number Z2004-03 annexation. In 1998 a preliminary and final plat, "Hilltop", were reviewed and approved by the Town of Fountain Hills. The staff report for this project clearly states that the entire 6.439 acres is zoned RI-6 (see attached). The General Plan indicates this area as Single-family residential, medium density. Therefore, this request is in agreement with the General Plan. Staff has performed numerous hours of research and has not successfully determined the process that indicated an "OSR" zoning district on this property. However, our Zoning Map is an official document of the Town of Fountain Hills and shows the eastern portion of this property as "OSR" zoning. Staff believes it is possible that a misalignment of zoning boundaries was performed during the map overlay processing for this area. The rezoning of the "OSR" portion of the final plat will clean up the zoning on the property and will result in three lots zoned single-family, as was the intention of the final plat approval. The Planning & Zoning Commission recommended approval of this request by a vote of 6-0 with the request to Town Council for the consideration of the waiver of fees associated with this rezoning due to the staff error necessitating the request. RECOMMENDATION: Staff recommends approval of the proposed rezone of 6.439 acres from a mixture of R1-6 (single family residential) and OSR (open space recreational) to RI-6 (single family residential) for property located north of Palisades Boulevard, East of Sunridge Drive, aka Final Plat "Hilltop", lots 1, 2, & 3 and Tracts B & C. Case Number Z2004-03 with the following stipulation: 1. Waiver of the fees associated with this request. Page 2 of 2 TOWN OF FOUNTAIN HILLS sk... STAFF REPORT FEBRUARY 26,1999 CASE NO.: S98-043 LOCATION: Northwest corner of Palisades Boulevard and Sunridge Drive. REQUEST: Consideration of the Final Plat for the Hilltop at Sunridge Canyon subdivision. DESCRIPTION: OWNER: Sunridge Canyon L.L.C. APPLICANT: Sunridge Canyon L.L.C. EXISTING ZONING: "R 1-6" PARCEL SIZE: 6.439 Acres PROPOSED NUMBER OF LOTS: 3 Lots and 3 tracts SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped land and the Sunridge Canyon Golf Course zoned "OSR." SOUTH: The developing Copperwynd multi -family development, zoned "R-5 PUD." EAST: Developed and undeveloped single-family zoned lots within Plat 606 Amended and 603-A Amended subdivisions, zoned "R 1-18" and "R 1-8", respectively. WEST: The developing Copperwynd multi -family development, zoned "R-5 PUD." SUMMARY: This request by Sunridge Canyon L.L.C. is for approval of the Hilltop at Sunridge Canyon Final Plat. The project is proposed on a 6.439-acre parcel of land located on the northwest corner of Palisades Boulevard and Sunridge Drive. This land is outside of the Sunridge Canyon development area. The following staff report will review several aspects of the project, including the subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Subdivision Design GENERAL DESCRIPTION: Portions of the site have been previously disturbed. The sales/information center for the SunRidge Canyon development is currently located on Lot 2 of the proposed- subdivision. Furthermore, the western side of Lot 3, where it abuts Sunridge Drive, was disturbed in order to develop Sunridge Staff Report Hilltop at Sunridge Canyon: S98-043 February 26, 1999 Page 2 Drive. There are no new roads proposed for this subdivision. All three lots will take access from a joint -use driveway on Sunridge Drive. The applicant has provided the Town with a slope analysis map for the subdivision. The applicant has proposed to plat Hillside Protection Easements, using the "Net" methodology, that include the quantity and quality of preserved slopes as required in Article V of The Subdivision Ordinance for the Town of Fountain Hills. Recommendation Staff recommends -Town Council approval of the final plat for the Hilltop at Sunridge Canyon Subdivision, Case Number S98-043, with the following stipulations: Prior to Final Plat recordation: A. Gain approval of a landscape plan meeting the requirements of Article VI of The Subdivision Ordinance for the Town of Fountain Hills. B. Comply with the Town Engineer's technical comments on the Final Plat/Improvement Plans. C. Prior to final plat recordation, provide subdivision construction assurances to the satisfaction of the Town Engineer. 2. Insert Note: Paint all existing aboveground utility boxes and coordinated color(s). Uy ltf. UU4 14: S 46U31 i b945 SL\cuk DL% PBA 1r02 a �. a o ��rhatnA The Town of Fountain Hills PUBLIC WORKS DEPARTMENT Planning & Zoning Division Area Spedfic Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment —.E- City: For Official Use Only Case Marager. t i • P. one ate: IL Zio: Ifapp/ication is being submitted by someone other than the owner of the property under consideration, the section below rurffst be camp/eted, iz� L SIGNATURE OF I HEREBY AUTHORIZE Please Pnnt DATE L�_ J o • TO FILE THIS APPLICATION. Subscribed and sworn before rqe this dayof `1 �.._,..,..,.. l,,,,,,,,,,,,,,,,.,," , C��F!cIAl.2g D!^1.41-1 S. LAUDERDALE-ADAMS My Commission Expires NOTARY PUBLIC. STATE OF !LLINOIS - Notary Public_ _ w Ll.=ILING DATE: /'� r Application Page 2 of 7 FEE PAID: IX (See Fee Schedule) j K ltl')'n u-t 1:1 _UU4_. 14.37 kAA 46u317, 694S SUNCUR DEN' 003 PBA 1 /02 The Town of Fountain Hills 011R LEGAL DESCRIPTION S%1 x pApon 90 Q Plat NAhe lock Lot PROPERTY ADDRESS PARCEL SIZE (Acres) 3 ASSESSOR PARCEL NUMBER' NUMBER OF UNITS PROPOSED � TRACTS � A� "� EXISTING ZONING: " PROPOSED ZONING r AppItafion Page 3 of 7 jjLx- Ip m RRi-I�r• Mq" R• Nro- CD €��R4 Y� �2� to s m a m Res. -; 'ea rn N s z cx` o q in Ytk; 8st < R > V N ��FsFk¢a� ,5T 4 tRCa 3�pp�p _. 94Y c� fs:i A Y § y rrn of=rsl r > it R�a vN+ Gfiltb A $# A A -A sggtt m z a_ w4 n: z Ir p — 'R.f �. L N R ■ E7M S Q 9 1 i Y ¢ z o err � > z 8 1.� Y Q�;�y F=I� f�Sn•d_� R > O !t4 of Z br'����a s� +Y R� �C �w^i• R "FAR E� L 9I°Ag3FeFe�4�yLy a Y��4��R I � ��.! 3"eR F.•l IR IA Fgg 'bb § gg7 qj ORDINANCE NO. 04-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE TOWN OF FOUNTAIN HILLS BY REZONING SPLIT -ZONED LAND LOCATED AT THE NORTHEASTERLY CORNER OF PALISADES BOULEVARD AND SUNRIDGE DRIVE FROM A MIXTURE OF R1-6 (SINGLE FAMILY RESIDENTIAL) AND OSR (OPEN SPACE RECREATIONAL) TO R1-6 (SINGLE FAMILY RESIDENTIAL). WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"), including the "Official Zoning District Map"; and WHEREAS, the Town Council has determined that it is desirable and appropriate that land, generally located near Palisades Boulevard and Sunridge Drive, more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), be rezoned from a split -zoned mixture of R1-6, Single Family Residential, and OSR, Open Space Recreational, to R1-6, Single Family Residential; and WHEREAS, the rezoning contemplated herein is consistent with the land use established for the Property by the 2002 Town of Fountain Hills General Plan; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the May 12, 2004 edition of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on May 27, 2004, and by the Town Council on June 17, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Official Zoning District Map" is hereby amended to change the zoning district designation of the Property from a split -zoned mixture of R1-6, Single Family Residential, and OSR, Open Space Recreational, to R1-6, Single Family Residential. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 9196.001\ZO - TA Hilltop ord.doc 5-19-04-1 PASSED AND Arizona, June 17, 2004. FOR THE W. J. y G. Pickering, T 9196.001\ZO — TA Hilltop ord.doc 5-19-04-1 BY the Mayor and Council of the Town of Fountain Hills, AIN LS: ATTESTED TO: Bevelyn J. B de , Town Clerk APP OVED AS TO FORM: Ac Anare4 J. McGuire, Town Attorney EXHIBIT A 1%ftl HILLTOP AT SUNRIDGE CANYON TRACT "B" CONSISTING OF 52,421.83 SQUARE FEET, HILLTOP AT SUNRIDGE CANYON LOT "1" CONSISTING OF 43,730.65 SQUARE FEET, AND HILLTOP AT SUNRIDGE CANYON LOT "2" CONSISTING OF 80,171.35 SQUARE FEET 9196.001\ZO — TA Hilltop ord.doc 5-19-04-1 ! 8 N ge Wit HIS 19 � �� a xi _ a g Y a # q o Is w < o w 60(D U Z d'm Z W OfA� a <zc :5Ega . Q <o— U} z W � ; E F— r) O O Z o z u v z z ` f��\\ a 7 17 lit W ! _ cn Y S g k@ 'b EY i- U 9 q8 QrZ aW -N� Z Q � O zLLJ Y, „ � �r;r 196 Zcr cc J`vJ Opj2g eee23 ��$ U =xto << 3? Z LL a` LLJ H �5 u o 5m25 N mLF — cr O < A < b g�b e 51 bt e 'p�pbl offb gg6 - 3 EN �9 �i� �M ppr a LLJ #ego 4 8 : a La N g U u�Y i Yay {$� � gV9Yga��Y < Vis < z. �Cb Nd nbE i rdi'ubiX m C1 ^i: aaass-x_ a� oA RkR�. RAF: s:_ :aRs„"3-laas:€$» •sue Rill.- o-sus^aRaS^a.nRxcq� ME g 88R SRR88 88 8 =:e�a:sa�sFoa"-oo'sRaRa L�scccc`aa`s'aR� jr u a= a✓ � � V lop -------------- R iFb_0 A , , , , , , 1 I , 9 1 �_.. � % ,� /fit~ ��;• � Lo - 14 V _Q i 3 L+. _ ooao 0 oaao s aaaa aIaa:=a 3 U y;; N Y€iIBII% �gg3�i3 �3'S�5 i c �djul i37$Y 89 �S� of f61 rt K CI Oi +w +�l vl' (OY�KM4)'MT�O!Y"T. 5 M LEGAL DESCRIPTION HILLTOP AT SUNRIDGE CANYON ZONING LEGAL Lots l through 3, inclusive, and Tracts A through C, inclusive, of Hilltop at Sunridge Canyon, a subdivision recorded in Book 496, Page 49, Official Records of Maricopa County, Arizona. JMI & ASSOCIATES p:\sunridge\sales\legalrezoninghilltop.doc 4/28/04 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:❑X Meeting Date: 6/17/04 Contact Person: Joan McIntosh Requesting Action:® TvDe of Document NeedinE ADnroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Apnronriate 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 F] Finance Regular Agenda Wording: Consideration of Resolution 2004-32, amending the pay resolution for employees in the municipal service of the Town of Fountain Hills. Staff Recommendation: Approve Fiscal Impact: Yes $24,786 Purpose of Item and Background Information: The current Pay Plan was approved in July 2002. The Town of Fountain Hills does not grant cost of living increases; therefore, it is important the Pay Play be reviewed and updated on a regular basis to remain competitive in the market. List All Attachments as Follows: Memo Type(s) of Presentation: Oral by Joan McIntosh Sil4natures of Submitting Staff: Department Head `P 6 L�a Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: Honorable Mayor Nichols DT: June 9, 2004 Council Members THROUGH: Tim Pickering Town Manager FR: Joan McIntosh RE: 2004-05 Pay Plan Human Resources Administrator This memo is in response to the Pay Plan concerns expressed by Council at the June 3, 2004 meeting. Overall, the proposed Pay Plan reflects an average market increase to minimum salaries of 6.22%. This is the highest percentage of 18 valley towns and cities surveyed. This increase makes the Town of Fountain Hills more competitive in recruitment. In an effort to make the salary ranges for all positions an equal percentage from minimum to maximum, correct ranges that were too high according to current markets, and to reflect job changes with much less responsibility, it was necessary to decrease the maximums of some of the salary ranges. There are two positions that will be somewhat affected this year by lowering the maximum salary ranges. They are above the proposed maximum, by 12 cents and by 15 cents. Although their current salaries are above the proposed maximum, their pay will not be lowered. They will "catch up" when the next Pay Plan is approved, assuming the range will increase by at least the cost of living and greater than 15 cents. When it comes time for their next review, they will be considered for a "bonus" based on their performance. There was a Council concern of hiring an employee with an expectation of receiving their maximum salary at the time of hiring. When one of these employees was hired, the maximum salary for that position was $10.54/hour. It is now $16.64/hour. When the second of these employees was hired, the maximum for that position was $9.78/hour. It is now $18.97/hour. Resources used to arrive at the proposed salary ranges were: 1. January 2004 League of Arizona Cities and Towns Salary and Benefit Survey 2. Oro Valley FY 2004 Salary Survey consisting of 18 towns and cities. 3. 2003 Joint Governmental Salary & Benefits Survey (new survey will not be rec'd until July, 2004; however, year old data was taken into consideration). This survey information includes small, medium and large public and private employers in Maricopa and Pima Counties. 4. Joint City sponsored Compensation Survey Report conducted by Waters Consulting Group. 5. Municipality websites that have job descriptions and salary ranges. 6. JIMS (Job Information Management System) website 7. Many phone calls clarifying information from municipalities to ensure "apples to apples" comparisons. Three examples of spreadsheets used to determine salary ranges are attached. Finally, there was a Council discussion to not reduce any maximums. If this is the wish of the Council, the staff will be happy to implement this policy change. However, it should be noted that this change would not accurately reflect the market and would eliminate consistency throughout the Pay Plan. If I can answer any further questions the Council may have prior to the June 171h meeting, please call Mr. Pickering and arrange a time to sit down with me. I will be happy to answer any questions/concerns you may have. Jmcintosh\E:\memotocouncil61704agendarepayplan\06092004 Towns/Cities with Population Ranges 10,000-50,000 Job Title: Custodian Year: 2004 Town/City Name Minimum Salary Range Maximum Salary Range Apache Junction 2,215 3,233 Avondale 1,646 2,387 Bullhead City 1,661 2,470 Casa Grande 1,676 2,311 Douglas - - Eloy 1,670 2,303 Florence 1,648 2,473 Goodyear - - Kingman 1,614 2,340 Lake Havasu City - - Marana - - Nogales 1,687 2,364 Oro Valley - - Pardise Valley Payson - - Prescott 1,491 2,087 Prescott Valley 1,606 2,168 San Luis - - Sedona 1,786 2,501 Sierra Vista 1,507 2,260 Surprise 1,775 2,343 Monthly Average: 1,691 2,403 Hourly Average: 9.76 13.86 Maricopa County Cities/Towns with 10,000-50,000 Population Range Town/City Name Salary Range Actual Current Salary Avondale 1,646 2,387 2,244 Surprise 1,775 2,343 2,310 Fountain Hills Goodyear - - - Paradise Valley - - - Monthly Average: 1,711 2,365 2,277 Hourly Average: 9.87 13.64 13.14 Cities/Towns with Like Population 20,000-25,000 Town/City Name Salary Range Actual Current Salary Casa Grande 1,676 2,311 1,994 Fountain Hills Kingman 1,614 2,340 1,725 Nogales 1,687 2,364 1,687 Prescott Valley 1,606 2,168 2,019 Monthly Average: 1,646 2,296 1,856 Hourly Average: 9.49 13.24 10.71 Towns/Cities with Population Ranges 10,000-50,000 Job Title: Fleet Mechanic Year: 2004 Town/City Name Minimum Salary Range Maximum Salary Range Apache Junction 3,174 4,722 Avondale 2,883 4,181 Bullhead City 2,283 3,389 Casa Grande 2,473 3,413 Douglas 1,886 2,407 Eloy 2,204 3,038 Florence 2,328 3,494 Goodyear 2,885 4,613 Kingman 2,060 3,293 Lake Havasu City 2,541 3,947 Marana 2,375 3,278 Nogales 2,631 3,663 Oro Valley - - Pardise Valley 2,767 3,870 Payson 2,260 3,417 Prescott 2,383 3,337 Prescott Valley 2,213 2,988 San Luis - - Sedona - - Sierra Vista 2,338 3,507 Surprise 2,701 3,565 Monthly Average: 2,466 3,562 Hourly Average: 14.23 20.55 Maricopa County Cities/Towns with 10,000-50,000 Population Range Town/City Name Salary Range Actual Current Salary Avondale 2,883 4,181 3,331 Surprise 2,701 3,565 2,956 Fountain Hills - - - Goodyear 2,885 4,613 3,742 Paradise Valley 2,767 3,870 3,300 Monthly Average: 2,809 4,057 3,332 Hourly Average: 16.21 23.41 19.22 Cities/Towns with Like Population 20,000-25,000 Town/City Name Salary Range Actual Current Salary Casa Grande 2,473 3,413 3,265 Fountain Hills - - - Kingman 2,060 3,293 2,841 Nogales 2,631 3,663 2,736 Prescott Valley 2,213 2,988 2,861 Monthly Average: 2,344 3,339 2,926 Hourly Average: 13.52 19.26 16.88 Towns/Cities with Population Ranges 10,000-50,000 Job Title: Street Superintendent Year: 2004 Town/City Name Minimum Salary Range Maximum Salary Range Apache Junction Avondale - - Bullhead City 3,673 5,457 Casa Grande 4,009 5,526 Douglas - - Eloy 2,844 3,920 Florence 6,055 4,685 Goodyear 4,871 7,787 Kingman 2,899 4,202 Lake Havasu City 4,521 6,684 Marana 3,891 5,373 Nogales - - Oro Valley 3,204 4,844 Pardise Valley 3,622 5,258 Payson 3,115 4,711 Prescott 3,810 5,335 Prescott Valley 4,104 5,540 San Luis - - Sedona 3,536 4,951 Sierra Vista 3,627 5,440 Surprise - - Monthly Average: 3,852 5,314 Annual Average: 46,225 63,770 Maricopa County Cities/Towns with 10,000-50,000 Population Range Town/City Name Salary Range Actual Current Salary Avondale - - Surprise - - - Fountain Hills - - - Goodyear 4,871 7,787 Vacant Paradise Valley 3,622 5,258 4,856 Monthly Average: 4,247 6,523 4,856 Annual Average: 50,958 78,270 58,272 Cities/Towns with Like Population 20,000-25,000 Town/City Name Salary Range Actual Current Salary Casa Grande 2,531 3,492 3,176 Fountain Hills - - - Kin man 2,094 5,566 2,713 Nogales 1,862 2,609 1,862 Prescott Valley 2,505 3,381 2,980 Monthly Average: 2,248 3,762 2,683 Annual Average: 26,976 45,144 32,193 RESOLUTION NO.2004-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 2002-20 AND AMENDING THE PAY RANGES FOR EMPLOYEES OF THE TOWN OF FOUNTAIN HILLS. WHEREAS, the Mayor and Council of the Town of Fountain (the "Town Council") adopted Resolution No. 2002-20 on May 16, 2002, setting pay ranges for the employees of the Town of Fountain Hills (the "Town"); and WHEREAS, the Town Council desires to amend and update job descriptions and pay ranges for the Town's employees; and WHEREAS, the Town Council desires that the rates of pay set forth in this Resolution supersede any pervious salary ranges for said employees in various classes or positions. NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Resolution No. 2002-20 is hereby repealed. SECTION 2. That the minimum and maximum annual salaries for the Town's employees, described herein by position title, shall be as follows: Position Title Minimum Maximum Previous Range Public Works Director 66,399 94,426 57,146 - 84,432 Town Engineer 62,799 89,307 64,656 - 95,520 Accounting Supervisor 59,132 84,092 50,508 - 74,628 Parks & Rec./Comm. Ctr. Director 58,182 82,741 57,146 - 84,432 Human Resources Administrator 57,567 81,866 50,508 - 74,628 Senior Civil Engineer 54,699 77,787 49,272 - 72,804 Court Administrator 54,580 77,619 48,072 - 71,028 Planning & Zoning Administrator 53,848 76,578 New Position Town Clerk 52,737 74,997 57,146 - 84,432 Economic Downtown Development Coord. 49,630 70,578 New Position Senior Planner 49,630 70,578 43,548 - 64,344 Chief Building Official 48,265 68,639 51,768 - 76,488 Street Superintendent 46,225 65,738 50,508 - 74,628 Recreation Supervisor 45,615 64,869 39,456 - 58,296 Parks Supervisor 43,752 62,220 39,456 - 58,296 ,Community Center Supervisor 43,752 62,220 New Position UT Coordinator 43,555 1 61,922 1 New Position 9196.001\..\2004-32 Pay range.res.doc 6-9-04-1 Planner 42,804 60,870 38,496 - 56,868 Street Maintenance Supervisor 42,016 51 37,565 - 55,494 Facilities Supervisor 39,166 97 EE 35,748 - 52,812 CommunityCenter Operations Supervisor 39,166 55,697 35,748 - 52,812 Exec. Assistant to Town Manager/Council 37,008 52,628 36,636 - 54,132 Accountant 36,247 51,547 35,748 - 52,812 Recreation Program Coordinator 34,071 48,452 33,192 - 49,044 SECTION 3. That the hourly pay ranges for the Town's Public Works and Parks Department employees, described herein by position title, shall be as follows: Position Title Minimum Maximum Previous Range Civil Engineer 23.34 33.20 18.97 - 28.03 Senior Civil Engineer Inspector 21.32 30.32 16.77 - 24.77 Plans Examiner 21.32 30.32 16.77 - 24.77 Engineering Technician/CAD Operator 19.80 28.15 17.18 - 25.39 Building Inspector 18.24 25.95 16.77 - 24.77 Civil Engineer Inspector 16.77 23.84 16.77 - 24.77 Code Enforcement Officer 16.36 23.27 16.36 - 24.17 Fleet Mechanic 16.21 23.05 16.77 - 24.77 Park Operations Lead 15.96 22.71 15.96 - 23.58 Open Space & Landscape Specialist 15.96 22.71 15.19 - 22.44 Planning Assistant 14.82 21.09 14.46 - 21.36 Equipment Operator 14.61 20.79 13.76 - 20.33 Drafting/CAD Technician 14.24 20.24 14.11 - 20.84 Street Maintenance Technician 13.70 19.47 12.47 - 18.42 Building Permit Technician 13.33 18.97 13.10 - 19.35 Groundskeeper 11.69 16.64 11.58 - 17.11 Receptionist 10.23 14.55 New Position Recreation Assistant 8.78 12.48 8.61 - 14.04 Recreation Aide 7.50 10.67 7.24 - 10.70 SECTION 4. That the hourly pay ranges for the Town's administrative support employees, described herein by position title, shall be as follows: Position Title Minimum Maximum Previous Range Executive Assistant 14.80 21.06 14.82 - 21.89 Senior Court Clerk 14.62 20.80 13.10 - 19.35 Facilities Maintenance Technician 14.62 20.80 New Position 9196.001\..\2004-32 Pay range.res.doe 6-9-04-1 Administrative Assistant 13.70 19.47 14.11 - 20.84 Court Clerk 13.35 19.00 12.16 - 17.97 Customer Service Receptionist 12.05 17.15 11.02 - 16.28 Maintenance/Custodial Worker 11.89 16.92 11.87 - 17.53 Accounting Clerk 11.48 16.32 13.43 - 19.83 Volunteer Coordinator 11.02 15.69 12.78 - 18.88 Administrative Clerk 10.23 14.55 10.23 - 15.12 Operations Support Worker 9.76 13.88 9.74 - 14.39 Custodian 9.76 13.88 9.74 - 14.39 I/T Intern 7.50 10.67 7.24 - 10.70 SECTION 5. That the minimum and maximum rates and the ranges constituting the salary range of a position title shall supersede any previously adopted for said title. SECTION 6. That employees in Section 2 herein are exempt and are not eligible for any overtime compensation. Employees in Sections 3 and 4 herein are hourly non-exempt and therefore entitled to overtime compensation. SECTION 7. That the Town Manager is hereby authorized to place the salary of each employee at a rate of pay within the salary range for the position title to which said employee is assigned. The rates of pay so established for various employees shall be effective at the time of review. PASSED AND June 17, 2004. FOR THE TQ_WX O . J. NichoV,-kayor REVIEV(ED. BV "___-__) 9196.001\..\2004-32 Pay range.res.doc 6-9-04-1 by the Mayor and Council of the Town of Fountain Hills, AIN HILLS: ATTEST: OWN IR W-WEAM9 Fbl��-A i c :Toy7n- Clerk APPROVED AS TO FORM: 0,1 M, c Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 6/ 17/04 Contact Person: Tim Pickering 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: Report Council Prioritv (Check Appropriate AreasZ ❑ 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: TOWN MANAGER REPORT on the fire district formation status and the development fee RFP. Staff Recommendation: Fiscal Impact: Yes $ Purpose of Item and Background Information: Town Manager Pickering will give a report to update the Council on the status of the fire district formation and the development fee RFP. List All Attachments as Follows: none Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\agenda cover sheet\agenda cover sheet pubsafetycomm.doc I e o� 1 riGr�aJ�, 1�:'t OVJGJF�bb4�G y y4CLb K'(514� NO.294 � c COUNTY of MARICOPA State of Arizona Office of the Clerk Board of Supervisors State of Arizona ) SS. County of Maricopa ) I, Fran McCarroll, Clerk of the Board of Supervisors, do hereby certify that the attached is a true and correct statement of the agenda item and the action taken by the Board of Supervisors at their meeting held on June 16, 2004: PUBLIC HEARING • FOUNTAIN HILLS FIRE DISTRICT (PROPOSED) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the County of Maricopa. Dome at Phoenix, the County Seat, on June 17, 2004. Clerk of the Board of Supervisors cc: CSOC Recorder Assessor County Counsel File f 06i17i2004 15:51 5225066402 4 9480E373145 N0.084 1;03 MARICOPA COUNTY BOARD OF SUPERVISORS MINUTE BOOK FORMAL SESSION June 16, 2004 PUBLIC HEARING - FOUNTAIN HILLS FIRE DISTRICT (PROPOSED) Chairman Kunasek called for a public hearing, pursuant to ARS §48-261(A)(9), to declare the results of the verification of petitions by the County Recorder (ARS §48-265) and the County Assessor (ARS §48- 266) regarding formation of the Fountain Hills Fire District. Accept the reports and determinations of a) the County Recorder, that the petitions of qualified electors did not contain the signatures of at least one-half of the qualified electors In the boundaries of the proposed district pursuant to ARS §48-261(A)(7)(d); b) the County Assessor, regarding the verification of property owner petitions seeking creation of the proposed Fountain Hills Fire District (statutory signature requirement(s) for property owner petitions is (1) more than one-half of the property owners and (11) signatures of persons owning collectively more than one- half of the assessed valuation of the property in the area of the proposed district pursuant to ARS §48-261(A)(7)(b) and (c) and §48-261(8)(3); c) the State Department of Revenue, regarding the assessed valuation of centrally valued properties within the area of the proposed district pursuant to A.R.S. §48- 261(B)(3); and d) the determination of the Clerk of the Board disqualifying 7 qualified elector petition pages (67 signatures) pursuant to AIRS §48-265 and Title 19. Motion was made by Supervisor Wilson, seconded by Supervisor Kunasek, and unanimously carried (3- 0-2) to accept the reports of the County Recorder, the County Assessor, the State Department of Revenue and the Clerk of the Board of Supervisors regarding petitions submitted with the Clerk on May 19, 2004, for formation of the Fountain Hills Fire District, and to declare the results of the County Recorder and County Assessor, who have determined in their verifications dated June 4, 2004 and June 14, 2004, respectively, that the petitions do not contain more than one half of the qualified electors, nor more than one-half of the property owners, nor signatures of persons owning collectively more than one- half of the assessed valuation of the property in the area of the proposed district. Also, pursuant to ARS §48-261(A)(10) this is the time scheduled for a public hearing on the petitions submitted May 19, 2004, for formation of the Fountain Hills Fire District. In consideration of the invalidity of the petitions evidenced by the County Recorder's verification, and in consideration of the determinations of the County Assessor, Clerk of the Board of Supervisors, and the State Department of Revenue, the Board will take action to deny formation of the Fountain Hills Fire District, directing the Clerk to set forth this determination in the minutes of the meeting and to file the same in the office of the County Recorder, and to reconcile reimbursement of county expenses with the proponents and their bond. (ADM4434) In consideration of the invalidity of the petitions evidenced by the verifications of the County Recorder and County Assessor, motion was made by Supervisor Wilson, seconded by Supervisor Wilcox and unanimously carried (3-0-2) to deny formation of the Fountain Hills Fire District, to direct the Clerk to set forth this determination in the meeting minutes, to record it with the County Recorder, and to reconcile reimbursement of county expenses With the proponents and their bond. -2- 0E,'1612004 16:25 6025066402 4 94906373145 NO.077 D01 CCerk of the 0oard of Supervisors g I C oy FACSIMILE �0 DATE: O FAX NO. FROM: Fran McCarroil, Clerk of the Board 301 W. Jefferson, 10" Floor Number of pages Phoenix, AZ 85003 including this over sheet. Phone: (602) 506-3767 Fax: (602) 506-6402 email: fmccarro@mail.maricopa.gov 6=1 1b: GZ:) Helen Purcell Recorder Updated b1���YJbb4FJ/� y y4b�CJ (.514� NO.077 Office of The Maricopa County Recorder I, HELEN PURCELL, Recorder for the County of MARICOPA, Arizona, do hereby certify that I received 550 photocopied petition sheets for the proposed Fountain Hills Fire District. These 550 signature sheets contained 6,_980 signatures for verification. These signatures were compared with the records of this office and 1,044 signers were found not to be qualified electors at the time of signing the petitions and therefore ineligible, and _ 5,936 signers were found to be qualified electors of the proposed Fountain Hills Fire District at the time of signing the petitions and therefore eligible. The signatures of at least one-half of the qualified electors within the boundaries of the proposed district, verified pursuant to A.R.S. § 48-265, are required pursuant to A.R.S. § 48-261(A)(7)(d). According to the records of this office, as of May 19, 2004, there were 13,413 registered voters in the proposed Fountain Hills Fire District; one-half of that number equals 6,707 qualified electors. Therefore, with; 5,936 valid signatures submitted from qualified electors of the District, and 6,707 signatures required for the one-half of the qualified electors requirement 771. signatures are less that the one-half of the qualified electors requirement set forth in A.R.S. § 48-261(A)(7)(d). 1` ,t N PURCEL County Recorder Maricopa County, Arizona DATED this 4`h day of June, 2004 Certification mailed this same date to Committee to Save Our Community. * Updated to reference A.M. § 48-261. Co 0 0 G OD 0rn� 0 111 South bd Avenue - Phoenix, Attune 0=3-2281 • (604 SM-3635 • (FNQ 606-3273 0 �oiioi�dd4 16:25 6025066402 4 54908373145 N0.077 D03 Kevin Ross ASSESSOR Date: Re Name OFFICE OF THE MARICOPA COUNTY ASSESSOR ASSESSOR CERTIFICATION June 14, 2004 Special District Creation A.R.S. § 48-261 Fountain Hills Fire District (proposed) Petition number: Petitions Filed with the Clerk of the Board of Supervisors 5/19/2004 The Maricopa County Assessor's Office, pursuant to A.R.S. §§ 48-261 and 48-266(B), does hereby certify the above referenced petition for formation of a Fountain Hills Fire District. Six hundred forty-three petition pages were submitted by the Clerk of the Board of Supervisors to the County Assessor for verification. VERIFICATION OF NUMBERS OF PROPERTY OWNERS Property Owners: Total property owners in the area of the proposed district according to the records of this Office are 12,023 . The minimum number required to equal more than one-half of the property owners in the area of the proposed district is 6,012. This petition contalns signatures of 5.881 owners of property in the area of the proposed district, according to Assessor records. Therefore, with: 5,881 number of property owners in the area of the proposed district who signed the petitions, as verified by the County Assessor. 6,012 minimum number of signatures of owners required to equal "more than one-half of the property owners in the area of the proposed district" 131 less than the minimum number of property owners required by A.R.S. § 48-261(A)(7)(b) and 48-266(B)(1). Certification of at least one-half of the property owners: Yes ❑ No o Co 3 SA t? n �-F7- r .� -0 -to 301 West Jefferson, Suite 330 • Phoenix, Arizona 85003-2196 - (602) 506-3877 - TDD (602) 506-8 nit www.maricopa.gov/assessor ASSESSOR'S RESPONSIBILITY 1 �o IT IS THE RESPONSIBILITY OK THE ASSESSOR TO LOCATE IDENTIFY, AND APPRAISE AT CURRENT MARKET VALUE LOCALLY ASSESSABLE PROPERTY SUBJEC�O AO VALOREM TAXES AND TO PROCESS EXEMPTIONS SPECIFIED @Y LAW. THE ASSCSSOR HAS NO JURISDICTION OR RtSPONSIGILITY FOR AREA BUDGETS. TAX RATES, OR AMOUNTS OF TAXES PAID THESE MATTERS ARE HANDLED BY THE VARIOUS AGENCIES PERFORMING THE SERVICES SUPPORTED BY PROPERTY TAXES, SUCH AS THE COUNTY GOVERNMENT, CITY GOVERNMENTS, SCHOOL DISTRICTS, AND OTHER TAXING DISTRICTS. 06/162004 16:25 6025066402 y 94808373145 N0.077 tr04 Kavin Ross ASSESSOR Re: Narne: Petitlon number: OFFICE OF THE MARICOPA COUNTY ASSESSOR Special Tax District Creation A.R.S. § 48-261 Fountain Hills Fire District (proposed) Petitions Filed with the Clerk.of the Board of Supervisors 5/19/2004 VERIFICATION OF ASSESSED VALUATION OF PERSONS WHO SIGNED THE PETITJONS Assessed Value: Total Assessed Value in the area of the proposed district is $350 962,350 which includes the values of property assessed by the County Assessor and the assessment value of centrally valued properties determined by the State Department of Revenue.' The minimum assessed valuation required to equal more than one-half of the assessed valuation of property in the area of the proposed district is $175,481,176. The signatures of the property owners contained on this petition represent a total assessed valuation of $154,709,138 according to the last certified assessment roll and the petition itself. Therefore, with: 154,709,138 assessed valuation of property owners in the area of the proposed district who,igned the petitions, as verified by the County Assessor 175,481,176 minimum assessed valuation of property owners required to equal "persons owning collectively more than one-half of the assessed valuation of the property in the area of the proposed district" 20,772,038 assessed valuation less than the minimum required by A.R.S. § 48-261(A)(7)(c), 48-261(13)(3) and 48-266(B)(2) Certification of owners of at least One-half of the assessed valuation: Yes ❑ No Signed: Date: e /i f�"e [ d pa County Deputy Assessor Cc File Board of Supervisors Recorders Office/Elections Assessor's Office/Annexations Form., C01 12/01 jmb ' The Total Assessed Value according to the records of the County Assessor's Office is determined per A.R.S. 48-261(13)(3)(a) and 48-266. In calculating this value, the Assessor has netted out valuations for exempt Properties and centrally valued properties which appear on the County Assessment roll. The determination of centrally valued property by the State Department of Revenue is pursuant to A.R.S. 48-261(6)(3)(b) Statement of the Department dated June 10, 2004, the original of which Is on file with the Clerk of the Board of Supervisors. 301 West Jefferson, Suite 330 - Phoenix. Arizona 85003.2196 - (602) 606-3M - Mo 506.2348 ASSES8011M RESPONSIBILITY 2 R 17 TIfE AESPON8181LITY OP THE A88E0804 TO LOCATE. IDENTIFY. AND APPRAISE AT OURAeNT MARKET VALUE. LOCALLY AEBESSAOLB PROPERTY SUBJECT TO AO VALOREM TAXES ANO TO PROCM CMUPTION¢ SPECIF;ED BY LAW. T1+e ASSESSOR N46 NO JURISDICTION OR RESPONSIBILITY POP AREA SUDOETtb, TAX RAT96. OR AMOUNTS Or TAXES PAID. TNOBB MATTERS ARE N.AYDLPD BY THE VARIOUS AOET101RS PQRPORMiNO THE CBRVICE9 SUPPORTED BY PROPERTY TAXCB, BUCK A6 THE COUNTY GOVERNMENT• CITY COVBRNNISNYS, BCNOOL 0187111I078, .0 is OT"HR TAXAG DISTRICTS.