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HomeMy WebLinkAbout2004.0819.TCREM.PacketNOTICE OF EXECUTIVE & 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 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION DATE: THURSDAY, AUGUST 19, 2004 WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 5-19-04.doc Page 1 of 5 CALL TO ORDER AND ROLL CALL — Mayor Nichols 1.) Pursuant to A.R.S. §38-431-03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the Civic Center contract negotiations.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Pastor John Nichols, Lake Zurich Community Church • ROLL CALL — Mayor Nichols • MAYOR'S REPORT — Mayor Nichols — Mayor Nichols will read a proclamation declaring the month of August "Drowning Impact Awareness Month". • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS — — Mayor Nichols will introduce Congressman J.D. Hayworth, who will speak on issues affecting Fountain Hills. — Mayor Nichols will introduce Maricopa County Sheriff Joe Arpaio, who will present a check to "' the Town of Fountain Hills. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 8-19-04.doc Page 2 of 5 CONSENT AGENDA *1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 8/5/04. *2.) CONSIDERATION of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507. The request is for a fund raiser to be held in conjunction with the Fall Festival scheduled for November 12 through 14, 2004, from 9:00 a.m. to 6:00 p.m. on Friday and Saturday and from 10:00 a.m. to 6:00 p.m. on Sunday. *3.) CONSIDERATION of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507. The request is for a fund raiser to be held in conjunction with the Great Fair scheduled for February 25 through 27, 2005, from 9:00 a.m. to 6:00 p.m. on Friday and Saturday and from 10:00 a.m. to 6:00 p.m. on Sunday. *4.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Randy Nations for The Fountain Hills Club located at 17005 E. Enterprise Drive. The application is for a new Class 14license. *5.) CONSIDERATION of RESOLUTION 2004-35 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 33, Block 2, Plat 603C (15838 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona, with stipulation. EA04-10 (Wilson) *6.) CONSIDERATION of RESOLUTION 2004-36 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 13, Block 4, Plat 506A (15649 N. Aspen Drive) as recorded in Book 159 of Maps, Page 30, Records of Maricopa County, Arizona, with stipulation. EA04-11 (Formica) *7.) CONSIDERATION of RESOLUTION 2004-37 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the easterly property lines of Lot 53, Block 3, Plat 505C (16406 N. Cobblestone Lane) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA04-12 (Hoffman) *8.) CONSIDERATION of RESOLUTION 2004-42 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northwest property lines of Lot 2, Block 5, Plat Ill (14424 N. Ibsen Drive, Unit B) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-13 (Sandoval) *9.) CONSIDERATION of RESOLUTION 2004-43 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southeasterly property lines of Lot 35, Block 3, Plat 505C (16433 N. Picatinny Way) as recorded in Book 159 of Maps, Page 42, Records of Maricopa County, Arizona. EA04-14 (Stigler) *10.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for the Thanksgiving Day Parade scheduled to be held from 9:00 a.m. to 11:00 a.m. on Thursday, November 25, 2004. *11.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for the Stroll in the Glow scheduled to be held from 3:00 p.m. to 8:30 p.m. on Saturday, December 4, 2004. *12.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce for the Annual Great Fair scheduled for February 25, 26 and 27, 2005 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The event will require the closure of Saguaro from Palisades to El Lago, Avenue of the Fountains from Saguaro to La Montana, Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 8-19-04.doc Page 3 of 5 �4 *13.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, November 12, 13 and 14, 2004 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The event will require the closure of Parkview from Verde River to Saguaro for carnival setup (11/10 to 11115); Saguaro from Palisades to El Lago, Avenue of the Fountains from Saguaro to La Montana, Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. *14.) CONSIDERATION of approving a technical services AGREEEMENT with Phoenix Highway Services, Inc. for traffic signal inspection, testing, and maintenance services in the amount of $26,340. *15.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Sherwood Condominiums", a two -unit condominium project located at 14411 N. Sherwood Drive, aka Final Plat No. 111, Block 4, Lot 2, Case Number S2004-14. *16.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Segundo Condominiums", a two -unit condominium project located at 16313 E. Segundo Drive, aka Final Plat No. 206, Block 1, Lot 14, Case Number S2004-15. *17.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Sabinas Condominiums", a two -unit condominium project located at 16941 E. Sabinas Drive, aka Final Plat No. 105, Block 4, Lot 6. Case Number 2004-16. *18.) CONSIDERATION of RESOLUTION 2004-42, approving the intergovernmental agreement with the Fort McDowell Yavapai Nation for Proposition 202 Funding for the Fountain Hills Chamber of Commerce Tourism Bureau. *19.) CONSIDERATION of RESOLUTION 2004-43, approving the intergovernmental agreement with the Fort McDowell Yavapai Nation for Proposition 202 Funding for the Fountain Hills branch of the Maricopa County Sheriff's Posse. *20.) CONSIDERATION of RESOLUTION 2004-44, correcting an error in Resolution No. 2003- 52, passed and adopted on September 4, 2003, and establishing an effective date. Case #S2003- 20 rein 04. *21.) CONSIDERATION of approving the REQUEST from the Senior Services of Fountain Hills to release funds in the amount of $55,000 as approved within the Fiscal Year 2004-05 budget. REGULAR AGENDA 15 min 22.) QUARTERLY REPORT from the Fire Department and Law Enforcement. 30 min 23.) PUBLIC HEARING regarding RESOLUTION 2004-39, a request for a minor General Plan Land Use Map amendment of Lots 68 and 69, Final Plat 414, from Industrial to Multi- Family/High Density; Case #GPA2004-01. 5 min 24.) CONSIDERATION of RESOLUTION 2004-39, a request for a minor General Plan Land Use Map amendment of Lots 68 and 69, Final Plat 414, from Industrial to Multi-Family/High Density; Case #GPA2004-01. 15 min 25.) PUBLIC HEARING regarding ORDINANCE 04-14, a request to rezone Lots 68 and 69, Final Plat 414, from "IND-2 IUPD", Industrial Unit Planned Development Zoning District, to "M-3", Multi -Family /residential Zoning District, Case #Z2004-04 • min 26.) CONSIDERATION of ORDINANCE 04-14, a request to rezone Lots 68 and 69, Final Plat 414, from "IND-2 IUPD", Industrial Unit Planned Development Zoning District, to "M-3", Multi -Family /residential Zoning District, Case #Z2004-04 E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 8-19-04.doc Page 4 of 5 15 min 27.) PUBLIC HEARING regarding ORDINANCE 04-12, amending the Town of Fountain Hills Zoning Ordinance relating to shared monument signs. s min 28.) CONSIDERATION of ORDINANCE 04-12, amending the Town of Fountain Hills Zoning Ordinance relating to shared monument signs. 29.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 30.) 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. Mayor Nichols: Placing the discussion of amending the Town of Fountain Hills' Town Code regarding the special event policy (regarding the 25 day requirement between events) on a future agenda for action. 31.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 8:30 pm 32.) ADJOURNMENT. DATED this 18'h day of August 2004. ITf Bevelyn J. Ben r, n 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 Ffce. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 8-19-04.doc Page 5 of 5 ....r- .. Town of FOUNTAIN HILLS DROWNING ll PIlCr `OWIlReNeM M0fMi - -6UG0,5- i 200* Wti(�Rej%, (Drowning Impact -Owarvn�z6.s month will rain awarQzmz .5 that thQ numbv-r and impact of child drownings in Maricopa County of fv-et6 9,,v4zryonsz; and WfleRe,M, th¢ drowning rate in phoQnix and immszdia4z, Surrounding arv-a5 taksz thQ livfzs of th¢ Qquival4znt of a ela3,5room of childrtzn tzach yQar; and WtICRe-9S, a child drowning can happy-n to any family rszgardlQz6 of ¢duration, raev- or 6ocio- 5zeonomie background; and WtiG�RC'I1s, familitz6 can take 5impl� 5tszp6 to prottzet thtzir ehildrv-n around wat¢r to avoid the tra8vdy of th¢ unntze¢6,5ary to,5-- of lifv,; and WtIC1,CR9S, water 5afiztg rvmains a priority for 11rizona familiQ6, commurritie3, and govQrnmq-nt, and phofznix Ghildrm'8 lio3pital; and Wtle'R,eIM3, kQszping Vallszy ehildrvn healthy and 5afjz i6 thsz goal of phomix GhildrQn'5 llozpitai, finz (D¢partm¢ntz and othtzr prvw7ntion in,5titutionz in Maricopa County, rai*ing awanznfz,56 will iner¢a5iz understanding and fzdueation of tzf f¢etivtz ways to pr¢v4znt drownings. NOW, TticR,efolze, I, W�il'by MIGtIO6s, M-19yOR, of th¢ Town of fountain dills,-Orizona, do hsarizby proclaim 79u8ust 1 through 31, 2004 as DROWNING IMP-9GT `NW`f9RG'MeW MOMTfii in pho¢nix. Giv¢n undor my hand in thosv, frQQ UnitQd Stat¢s in thsz Town of fountain tlill5, on th¢ 19119f�jqugust two thousand four, and to which I have causQd thiz ,izal of th¢ Town of Fountain tii115 to bv, of fixed and have mad{z this proclamation public. Mayor 'NttQst: Town Gluk »�E Fire District Status Report The effort to establish a new Fire District is still active — in spite of what you may have heard or read. CSOC — the Committee to Save Our Community — feels strongly that the intention of the 5981 property owners and 6216 registered voters who signed in favor of the Fire District must be honored and not be thwarted by vague statutes and arbitrary decisions by county clerks. Were you one of the 954 Fountain Hills property owners declared "Not Valid"? Was your signed intent to have a new Fire District established dismissed by a county clerk operating under ill-defined rules? Maybe you didn't include your middle initial; or your name is misspelled on the title; or you are in a trust but did not sign as trustee; or it was decided that you did not have the authority to sign for your corporation or LLC; or for some other undisclosed reason. Almost one out of six property owner signatures was thrown out. Were you one of the fifty-six (56) people who signed the petition at the same time that they registered to vote — only to have your vote disqualified and end up being counted as being AGAINST the measure? Was your "vote" cancelled by the "vote" of someone who had died or moved away from Fountain Hills in the past four years? On May 19th, CSOC turned in petitions signed by 5981 property owners and 6216 registered voters. Maricopa County "processed" the petitions and determined they did not meet the 50% requirements. On June 16, 2004, the Maricopa Board of Supervisors was instructed by its council that they had to declare that the petition effort had failed. Several Board Members expressed admiration for the efforts made by CSOC and its volunteers and wanted to permit the petition drive to continue — but were told by its council that this could not be done. The only recourse provided to correct problems with the petition process is a law suit. Phase Two of the effort was started recently with the filing of legal claims against the Maricopa Board of Supervisors based on improper rules and regulations used to govern the petition drive and the use of faulty lists and questionable certification processes. Arizona considers the petition process to be very important and has put the suit on a legal "fast track". A hearing is scheduled for October 4, 2004 in the Superior Court. Paraphrasing the wicked Queen in "Once Upon a Mattress": "I want a petition process that looks fair, and seems fair — but isn't fair!" There are many aspects of the petition process that, on the surface seem fair, but are decidedly unfair. Space permits listing only the most egregious. 1. The "one year time limit" imposed on the petition drive was invalid. The statutes governing the petition process in effect when the Maricopa Board of Supervisors gave its approval on May 17, 2003 do not set a time limit. There may have been confusion as a new statute passed in May 2003 does set a time limit — but this statute did not go into effect until several months after the CSOC effort had begun. 2. There are hundreds of errors in the County Property Owners List. Errors include misspelled names, bad addresses, wrong parcel numbers and more. One list CSOC purchased had over 3200 erroneous addresses! Can you come up with twenty-seven (27) ways to misspell Fountain Hills? The County did! Some of the errors made it impossible to know who owned what, when they owned it or how to contact them. Only after the petitions were turned in was CSOC even informed that over $15M in property under jurisdiction of the State of Arizona would be counted against the Fire district. Fair? 3. The "certification process" is severely flawed. The County Assessor's office certified which petition signatures and properties were acceptable and which were not valid. There are no written rules for determining validity. If a County employee decides that the signature for a property is not valid for any reason, that line is simply marked "NV". No explanation is given and CSOC was told that it would have to sue to get any detailed information. CSOC was aware of duplications and bad signatures and expected them to be dismissed. However, many were unexpectedly declared "Not Valid" for reasons unspecified. CSOC has questions regarding 954 such properties. Our "best guess" as to the reason for these "NVs", and the assessed property valuations denied, include: a. 142 "different owner" where CSOC had found the owner on the lists: $3.6M. b. 49 corporations and LLCs for undefined reasons: $7.2M. C. 514 where property is listed as a Trust but was signed for by an individual: $14.2M. d. 63 where property was signed as a Trust but is not listed as a Trust: $1.9M e. 90 in which no justification could be found: $2.9M. f. 96 in which there was a name difference ("Nick" instead of "Nicholas" or signed "Sally Jones" and title has "Sally D. Jones") and other arbitrary decisions: $7.5M g. These rejections were not necessarily due to "confused" individuals. The Town of Fountain Hills was rejected! The signing was approved by a majority vote by the Town Council and Mayor Nichols signed the petition. Doesn't it call the entire process when the Town itself can be declared "Not Valid"? According to the County, CSOC was only 131 owners and $20,772,038 short. If these questionable "Not Valid" are added back, CSOC is over by 823 owners and $11,976,477. 4. The petition drive statute requires that 50% of the "qualified electors" sign the petition. It does NOT use the term "registered voters" or "people appearing on the Registrar's list of registered voters." Due to problems with people being arbitrarily removed from election lists, U.S. Federal and Arizona State policies now err in favor of keeping people on election lists — even if they may have moved or died. Arizona only purges the lists during presidential election years. Therefore, the list used to "qualify electors" for the Fire District was almost four years old and contained names of hundreds or thousands of people who had died or moved out of Fountain Hills. These voter lists are fine for elections — people who have died or moved rarely show up to vote. Using them to determine "qualified electors" for the petition process is inappropriate and unfair since every "voter" is counted as opposed to the Fire District unless they sign in favor. This "graveyard" vote may not be significant in a sleepy rural town, but in dynamic Fountain Hills — where over 1000 homes and condos are sold every year — this may easily have resulted in several thousand "opposed" — thereby grossly inflating the requirements. While the lawyers agree that we have legitimate claims and a good chance to prevail, lawyers and legal actions are not cheap. Although the fire and emergency services in Fountain Hills cost about $3M per year, and the State would kick in $300K per year if the Fire District is established, CSOC is unfunded. The 8000 or so property owners and voters who signed to establish a Fire District need to help once more to make it happen. If you believe that the signatures of the residents, businesses and voters of Fountain Hills are important, and should not be unfairly and unlawfully dismissed, please make a contribution to help offset the legal expenses. Make your check payable to CSOC and mail it to: CSOC, P.O. Box 17899, Fountain Hills, AZ 85269 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: August 19, 2004 Contact Person: Bender Requesting Action:❑ Tvne of Document Needine Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: draft minutes 8/5/04 Council Priority (Check Avvropriate 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 8/5/04. Staff Recommendations Approve Fiscal Impact: No $ Purpose of Item and BackgroundInformation: To approve the draft minutes for archival purposes. List All Attachments as Follows: draft minutes Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town anager P, Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form �•.. Meeting Type: Regular Meeting Meeting Date: 8/19/04 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Report Only:❑ TVDe of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ® Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ® Public Safety ® Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wording: Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Bruce Thulien for the Veterans of Foreign. Wars, Post 7507. The request is for a fund raiser to be held in conjunction with the Fall Festival scheduled for November 12 through 14, 2004, from 9:00 a.m. to r :00 p.m. on Friday and Saturday and from 10:00 a.m. to 6:00 p.m. on Sunday. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for the special event liquor license. The application meets the security requirements, it complies with statutory and liquor license regulations, and it received a favorable recommendation from the 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 Attachments as Follows: Staff memo; Sheriff Office memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: 4 4D partment H d Town Nfanager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 1, 2004 FR: Tom Ward, Director of Public Works RE: Veterans of Foreign Wars. Special Event Liquor License The Veterans of Foreign Wars Post 7507 is requesting Council approval of a special event liquor license for a fund raising event scheduled for November 12 through November 14, 2004. Hours of operation are 9:00 a.m. to 6:00 p.m. on Friday and.Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. The event will be at Saguaro and Parkview and is scheduled to coincide with the Fountain Festival. Although the special event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It is consistent with previous applications and includes the following provisions: Security: • Security guards will be posted at the entrance and the exit to prevent alcohol leaving the permit area. • Security personnel present at all times to prevent liquor law violations Licensing Compliance: • Bona fide non-profit, charitable organization • Applicant is a member and authorized to act on behalf of the qualifying organization • Within the ten day per year limit (3 days this year including this event) • At least 25% of the proceeds going to the charitable organization making the application • Written agreement to suspend the existing Class 14 license during the event • Does not sell alcohol before 10:00 a.m. on Sunday morning Background Investigation: • Favorable recommendation from the Sheriff's Office (attached) • No previous infractions to result in denial Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. E:\Liquor Licenses\Staff Memos\VFW 11-04.doc MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD Director of Public Works FOUNTAIN HILLS Subject: Special Event Liquor License: Memorandum From: Galen Reifschneider #960 Veterans of Foreign Wars Post #7507 Sheriff Special Events Coordinator District 7 / Fountain Hills Date: June 14, 2004 The purpose of this memorandum is to endorse the attached special event Liquor License submitted by the Veterans of Foreign Wars Post 47507 of Fountain Hills. This issue will go before The City Council for final approval. During the event of November 12, 13, 2004, the starting times are at 9 am and ending at 6 pm, the permit covers only the area specified in the application. During the event of November 14, 2004, the starting time is at 10 am and ending at 6 pm, the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the Veterans of Foreign Wars 47507 will have security present during the three day event and will post security at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Pam' �' 400 W Congress #521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored cheeks( R S § 44-6852) I-EhA3h 1V V I L: 1 HU3 0 (. UIVILIN 1 tVlUN I BE r ULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT FLCIt 1. Name of Organization: VETERANS OF FOREIGN WARS POST 7507 2. Non-Profit/I.R.S. Tax Exempt Number: 501 C 19 / TAX ID NO 7 4 — 2 514 5 4 7 3. The organization is a: (check one box only) ❑ Charitable) Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Cormnittee ❑ Religious 4. What is the purpose of this event? FUNDRAISER 5. Location of the event: SAGUARO BLVD AND PARKVIEW AVE. FOUNTAIN HILLS AZ 85268 Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer Director or Chairperson of the Organization named in Question #1. (Signature required in section #18) 6. Applicant: THUT.T EN , BRUCE A .AN 6 / 17 / 4 7 Last First Middle Date of Birth 7. Applicant's Mailing Address: 15759 E. rNSTANG DR. FOUNTAIN HILLS, AZ 85268 Street City State Zip 8. Phone Numbers: (480) 837-2() U 6-2�47 (490) R 6-2 7 Site Own Applicant's s l�u4m # scants 3 4- 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic 0106 05/2004 Date 11/12/04 11/13/04 11/14/04 Day of Week FP T SAT SUN Hours from A.M./P.M • 11• 1 Il:y *Disabled inividuals requiring special accommodations, please call (602) 542-9027 To A.M./P.M. :. . 11 PM . 11 • 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [3 YES R] NO (attach explanation if }_es) 011. This organization has been issued a special event license for 6 days this year, including this event (not to exceed 10 days per year). 12. ' Is the organization using the services of a promoter or other person to manage the event? ❑ YES ❑ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name Address Percentage VFW POST 7507 15759 E. MUSTANG DR. FOUNTAIN HILLS, AZ 100% (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? ® (List type and number of security/police personnel and type of fencing or control barriers if applicable) —# Police U Fencing —2- 4 Security personnel ❑ Barriers TWO SECURITY PERSONNEL 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) Name of Business ❑ YES [] NO ❑ YES ❑ NO Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. LA MOMANA E)PXVC- S+N - FE o as v CL A 5 ri c� 5 W. LK s A F { O ,Q 1 _ a Parking N - s ¢ w is 5 u z G G <+ dsJ �'��� C.zmxtelCr COYB3'Ad fNwwutton {ioW� ` 2 SR L VERDE RIVER DRIVE � � aAaaa ��iSCm1 ` u's a ti P Q s P A � � 1s ® 0'y -t m K rz t 4 N } r { G Ll 55 S, t3A#t€3 �a BLVD EXHISff ORS F-4 TO F-40 co}JMED DDUNG MEDIAN MEDIAN rY4 R251 7507 12 13 i3:HOITORS E-4 TO E-63 7 *-HANDICAP ACCESSFOUNTAIN PARK x THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, CRiLL t ` - f - �'e P , declare that I am an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Linuor License. f\ X (—� +\�Fo's7 �arK,t,.J��JL S Z/�Q 696 oo:� n ature OFFICIAL SEAL ji (Title/Position) (Date) (Phone #) SUSAN GRIGGS }Notary Public - State of Arizona s State of (�—i Z6N County of Xf � e L t0 MARICOPA COUNTY The foregoing instrument was acknowledged before me this comm. expires Jan. 26, 2005 `- Z(o 9- ZOCSL / Day Month Year My Comnussion expires on: 11Z g/� 5 rJ (Date) (Sign re of N ARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, 15T UC A_ c,Q 1-fee , declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the application and the contents and all statements are true, correct and complete. State of Ae a-u)iA County of APili co r A X41X�The foregoing instrument was acknowledged before me this ( ;i�al- SEAL yy 2 b Z 0 O SUSAN GRIGGS t: `/ Notary Public - State of Arizona Day Month Year MARICOPA COUNTY nuMYSgM C ff&Sr0€P., Zoos 2g Date) (Signature f NOTAR UBLIC) You must obtain local government approval. City or Countv MUST recommend event & complete item #20. The local city or6unty jurisdiction may require additional applications to be completed and additional licensing feis before approval may be granted LOCAL G RNING BODY APPROYAL SECTION 20. I, er recommend lis special event application ( o ppe--miinent``,,��cial) (Title) on behalf f ERAylA(_Gt.(!1, -� (-9• , Town or C—ii ) (Signatu f OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: lill%..I] APPROVED (Employee) (Date) ❑ DISAPPROVED BY: (Title) (Date) SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non -transferable On -sale retail privileges PURPOSE: Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county, where the special event is to take place, for approval or disapproval. If the application is approved by the local authority, and the event meets the requirements for granting the license, the DIRECTOR will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. `r w The qualified organization must receive at least twenty-five percent (25 %) of the gross revenues of Alcoholic Beverage Sales of the special event. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non-profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: One (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (10) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location, or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4-203.02, 4-244, 4-261; Rule R19-1-214, R19-1-244, R19-1-250. Disabled individuals requiring special accommodations please call (602) 542-9051 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Tom Ward 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: El ❑ Ordinances ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507. The request is for a fund raiser to be held in conjunction with the Great Fair scheduled for February 25 through 27, 2005, from 9:00 a.m. to 6:00 p.m. on Friday and Saturday and from 10:00 a.m. to 6:00 p.m. on Sunday. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for the special event liquor license. The application meets the security requirements, it complies with statutory and liquor license regulations, and it received a favorable recommendation from the 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 Attachments as Follows: Staff memo; Sheriff Office memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: De artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 1, 2004 FR: Tom Ward, Director of Public Works RE: Veterans of Foreign Wars Special Event Liquor License The Veterans of Foreign Wars Post 7507 is requesting Council approval of a special event liquor license for a fund raising event scheduled for February 25 through February 27, 2005. Hours of operation are 9:00 'a.m. to 6:00 p.m. on Friday- and Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. The event will be held at Saguaro and Parkview.and is scheduled to coincide with the Great Fair. Although the special .event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's Office have reviewed the application. A is consistent with previous applications and includes the following provisions: Security: • Security guards will be posted at the entrance and the exit to prevent alcohol leaving the permit area. • Security personnel present at all times to prevent liquor law violations Licensing Compliance: • Bona fide non-profit, charitable organization • Applicant is a member and authorized to act on behalf of the qualifying organization • Within the ten day per year limit (3 days this year including this event) • At least 25% of the proceeds going to the charitable organization making the application • Written agreement to suspend the existing Class 14 license during the event • Does not sell alcohol before 10:00 a.m. on Sunday morning Background Investigation: • Favorable recommendation from the Sheriff's Office (attached) • No previous infractions to result in denial Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. E:U.Squor Licenses\Staff Memos\VFW 02-05.doc MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD Director of Public Works FOUNTAIN HILLS Subject: Special Event Liquor License; Memorandum From: Galen Reifschneider #960 Veterans of Foreign Wars Post #7507 Special Events Coordinator District 7 / Fountain Hills Date: June 14, 2004 The purpose of this memorandum is to endorse the attached special event Liquor License submitted by the Veterans of Foreign Wars Post 47507 of Fountain Hills. This issue will go before The City Council for final approval. During the event of February 25, 26, 2005, the starting times are at 9 am and ending at 6 pm, the permit covers only the area specified in the application. During the event of February 27, 2005, the starting time is at 10 am and ending at 6 pm, the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the Veterans of Foreign Wars 47507 will have security present during the three-day event and will post security at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 R10-93 (Nff97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #521 Phoenix AZ 85007-2934Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A R S 44-6852) r.L.r.113c, ivvir,: IM3 L"IL,urvIt, t 1VIU61 t5h r ULLY UOMPLE"I'ED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: VETERANS OF FOREIGN WARS POST 7507 2. Non-Profit/I.R.S. Tax Exempt Number: 501 C 19 / TAX ID NO 7 4 — 2 514 5 4 7 3. The organization is a: (check one box only) ❑ Charitable] Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? FUNDRAISER 5. Location of the event: SAGUARO BLVD AND PARKVIEW AVE. FOUNTAIN HILLS AZ 85268 Address of physical location (Not P.O. Box) City County Zip > >► licant must be a member of the qualifying organization and authorized by an Officer Director or Chairperson of the gamzat�on named m Question #1 (Signature required in section #18) 6. Applicant: THULTEN, BRUCE ALAN 6117147 Last First Middle Date of Birth 7. Applicant's Mailing Address: 15759 E. t1USTANG DR. FOUNTAIN HILLS, AZ 85268 Street City State Zip 8. Phone Numbers: (4.HC)-837_?n U0 )-i6_2 �47 (4,90) Applicant's Applicant's a36-2Srte�o3m7 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Day 1: 2/25/05 _ FRI Day 2: 2/26/05 SAT Day 3: 2/27/05 SUN Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic010605n004 *Disabled inividuals requiring special accommol Hours from A.M./P.M. To A.M./P.M. • e ei4,m o c-:vzz rn nr,r no- -- 9:OOAM 6:00 PM 10:00AM 6:00 PM lations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES E] NO (attach explanation if ves) 11. This organization has been issued a special event license for 6 days this year, including this e\ ent (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES ❑ NO If yes, attach a copy of the agreement. _ 13. List all people and organizations who will receive the proceeds. Account for 100%, of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name Address Percenta"'c VFW POST 7507 15759 E. MUSTANG DR. FOUNTAIN HILLS, AZ 100% (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police U Fencing —2--# Security personnel ❑ Barriers TWO SECURITY PERSONNEL 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) N/A Name of Business ❑ YES 8 NO ❑ YES ❑ NO Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. WV LA MONTANA VPJW S+N 2 3 V C' a IF- p O A afa 2 a Ce � K 0 55 Q s a1. s m N. Parking > J7 f --0 Raartrooms c,,ar,�worca.M.ro. SRULE ared VERDE fUVP-P- DRWE kuo mmen sown ° 2 C� ning Aroa P 4 su 9 '�? ��, Q A O o 98 O O A R R m C r o fl as X T- � �s SAGUAO 14 € BLV0 EXirIIMORS F1 TO F- 0 MEDIAN MEDIAN R)� 7567 92 13 XL ---_ 0(TTZ'C n ;4)t EXHLBtTORS E-f TO E-63 7_ •= HAHDICAP ACCM X )lc FOUNTAIN PARK M THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZAAT�ION NAMED IN. QUESTION #1 18. I, L A Il L R . PR-0 declare that I am an Officer/Director/Chairperson appointing the (Print fttll name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event tquor Lice ise. X dat-�— --- (SignilFFICIAL SEAL SUSAN GRIGGS Notary Pu'-;;c - State of Arizona MARICOPA COUNTY My comm. expires Jan. 28, 2005 r`o s / a, ^ ko,4 S/Z C /a � -I80 -d'i6 - osGC (Title/Position) (Date) (Phone #) State of ,} C (Z-Ov%Fl County of /007RIC O R/A The foregoing instrument was acknowledged before me this Z(p S 2604- / ay oath 1'car My Conu/nission expires on: Z 8 /0 -5 -Z-) (Date) (Signah e of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, �R UCH A.c Q l (�� , declare that I am the APPLICANT filing this application as (Print Rill name) listed in Question 6. I have read e a lication and the contents and all statements are trite, correct and replete. State of Z V �� County of 1nPF?-1 Q.0 M X The foregoing instrument was acknowledged before me this OFFICIAL SEAL G (O 5 L OO SUSAN GRIGGS Day Year is Nclary Public • State or Ariznn:i :. WtJTY My comm. a Tres Jan. 29, $ B5 `Date ( (Signan. e ofNO A Y PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county 'urisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. - �� OCAL GOVERNING BODY APPROVAL SECTION 20. I, her recomme this special event application (Gov nment Office (Title) on behalf of -,,70-0 -fEity, Town or Gotw&34 (Signature FFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[] Meeting Date: 8/19/04 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 Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by Randy Nations for The Fountain Hills Club located at 17005 E. Enterprise Drive. The application is for a new Class 14 license. Staff Recommendation: Approve Fiscal Impact: No Now Purpose of Item and Background Information: To obtain Council approval a new Class 14 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 Attachments as Follows: Staff memo, MCSO memo and application front page Type(s) of Presentation: Consent Signatures of Submitting Staff: /x/I De rtment He Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 5, 2004 FR: Tom Ward Director of Public W s RE: The Fountain Hills Club Liquor License Application I Randy Nations is requesting Council approval of a new Class 14 liquor license for The Fountain Hills Club (also known as "The Club") located at 17005 E. Enterprise Drive. A Class 14 license is for club use only. Statute requires that the business establishment be devoted to selling and serving spirituous liquor for consumption only on the premises owned, leased or occupied by the club, and only to bona fide members of the club and their guests. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 14 liquor license. Based on statutory compliance and a favorable recommendation from the MCSO, staff recommends approval. 'Now bb \\eanh\BBrannon\Liquor Licenses\Staff Memos\The Club Liquor License Application.doc Page I of 1 049 MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Town of Fountain Hills Subject: Liquor License — The Club Sheriff Memorandum From: Galen Reifschneider #960 Special Events Coordinator District 7 / Fountain Hills Date: July 30, 2004 The purpose of this memorandum is to approve the liquor permit in regards to the Fountain Hills Club (i.e. "The Club") attached liquor license located at 17005 E. Enterprise Dr. Fountain Hills, AZ. 85268. Background Investigation: This application is for an existing Class 14 liquor license under the specifications of ARS 4-101.6. A Class 14 license is for club use only. The statues require that the business establishment be devoted to selling and serving spirituous liquor for consumption only on the premises owned, leased or occupied by the club, and only to bona fide members of the club and their guests. The Fountain Hills Club is a private clubhouse, for the exclusive use of the registered members, use of the clubhouse, and their guests. The Fountain Hills Club also known as "The Club" is located at 17005 E. Enterprise Dr. Fountain Hills, AZ. 85268. All the listed applicants, are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants and warrants for all the listed applicants. Recommendations: Based on compliance with Title 4 Relating to the Class 14 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) ' ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor �f 400 W Congress #521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 "QUOR (520) 628-6595 APPLICATION FOR LI TYPE OR PRINT WITH BLACK INK ~ 4: 0 8 Notice: Effective Nov. 1,1997, All Owners Agents Partners Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. /� � 71a4 X% SECTION 1 This application is for a: , , j SECTION 2 Type of ownership: L sh `� ❑ INTERIM PERMIT Complete Section 5 h' ❑ 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) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13,15, 16,17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4,12,13, 15,16,17 ® CLUB Complete Section 8 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13,15, 17 (fee not required) ❑ 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 1. Type of License: S e r i e s 14 2. Total fees attached: $ 1 0 0- 0 0 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) SE t SECTION 4 Applicant: (All applicants must complete this section) Mr. D . 1. Applicant/AgenfsName:Ms. Nations Randv (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.LC.: The Fountain Hills Club (Exactly as it appears on Articles of Inc. or Articles �1033. Business Name: The Club (Exactly as it appears on the exterior of premises) 4. Business Address: 17005 E. Enterprise Dr. Fountain Hills Maricopa 85268 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (4 8 0 ) 8 3 7— 3 3 7 5 Residence Phone: (4 80 ) 81 3 —1 3 6 4 6. Is the business located within the incorporated limits of the above city or town? AYES ONO 7. Mailing Address: PO Box 2502 Chandler Arizona 85224 8. Enter the amount paid for a 06, 07, or 09 license: city state (Price of License ONLY) DEPARTMENT USE ONLY Accepted b Date Vup�Lic. # Fees: M- I Lie M Application Interim Permit Agent Change Club F. Prints TOTAL Zip PROCESSING APPLICATIONS TADS APPROXIMATELY YU DAYS, AND UDCUumsi ANt-LN Ur i LN xX, UU ,J u. A LV—G,..,n,...., r ...,,,.. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 0512004 *Disabled individuals requiring special accommodation, please call (602) 542-9027. a . I SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? ❑ YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. State of County of X The foregoing instrument was acknowledged before me this (Signature) Day My commission expires on: SECTION 6 Individual or Partnership Owners: Month (Signature of NOTARY PUBLIC) Year EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101 ", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Residence Partnership Name: (Only the first partner listed will appear on license) General -Limited i act First Mi'M6 0% Ch.—.A State n n o, ❑ ❑ o� ❑ ❑ ❑ ❑ of (Al 1ACH ADDI11VNAL SHEI F 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 Wn i► SEC14DN 7 •corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION ❑ L.L.C. 1. Name of Corporation/L.L.C.: 2. Date Incorporated/Organized: Complete questions 1, 2, 3, 5, 6, 7, 8. Complete questions 1, 2, 4, 5, 6, 7 and attach copy ojArticles ofOrg and Operation Agreement i�C)' L.IC r''S (Exactly as it appears on Articles of Inc. or Articles of Org.) JIJ� 2 p 4: Q � Za State where Incorporated/Organized: 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: Date authorized to do business in AZ: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ONO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHI Et IP NtUtSNAKY) 7 1 kt ctnckhnlriers or controlling members owning 10% or more: Last First Middle % Owned Residence Address Citv State Zi % IAI 1At-111�,/UlIlUINAI-3=L 1WI---/ 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: The Fou m a i n H i 1 1 c Cl n h Date Chartered: y— 2 1 — / b (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws)) r• 2. is club non-profit? 3. List officer and directors [3 YES ❑ NO If tax exempt, give IRS tax exempt number: Not tax exempt Citv State 7m Last r1INL - - -- 1o5n2 E. Saguaro Blvd. Owens Eu Eugene g Guin Pres Fountain Hills Arizona 85268 1E. Nicklaus E. Colbert Gerald Lawrence Vice Pr es Foounun Hills Arizona 85268 Zephyr Maegdlin Louis John Sec Fount sArizona 85268 - ueldt Verlyn William Trea 15220 E. Palomino Blvd. Fountain Hills Arizona 85268 (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: r OL 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number. Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS 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 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: 6. Current Mailing Address (other than business): License Number: Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO (Indiv., Agent, etc.) 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. 9 (Signature of CURRENT LICENSEE) My commission expires on: 4 State of County of The foregoing instrument was acknowledged before me this Day Month (Signature of NOTARY PUBLIC) Year SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. lent Business Name and Address: (Exactly as it appears on license) L t 0 U O R L I C F () S�- 2. New Business Name and Address: (Do not use PO Box Number) : 08 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in -state applicants: 11,61 Fountain Hills Hi h School 1. Distance to nearest school: 6fi Name/Address of school:16100 E , Palisades Blvd (Regardless of distance) Fountain Hills, Arizona 85268 2. Distance to nearest church: 3 t 3 6 8 ft Name/Address of church: Faith Mountain Church (Regardless of distance) 11843 N. Desert Vista Fountain Hills, Arizona 85268 3. lam the: ❑ LESSEE ❑ SUBLESSEE 10 OWNER ❑ PURCHASER (of premises) IlliiiW the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ 4b. What is the penalty if the lease is not fulfilled? $ What is the remaining length of the lease? or other Yrs mos. (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this licensellocation excluding lease? $ 0 Does any one creditor represent more than 10% of that sum? ❑ YES ❑ NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address Ci State Zip (ATIA(;H A1J0111VNAL bn=i it iln%-Zaa - 6. What type of business will this license be used for? (BE SPECIFIC) Club 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 UNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YESUNO 9. Is the premises currently licensed with a liquor license? ❑YES X3 NO If yes, give license number and licensee's name: (License #) 5 (Exactly as it appears on License) SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: and license #: Last First Middle 2. if the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: ® Entrances/Exits KI 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. 11�i1VlGg���.tk h-V0cc/ e'Atr 1'11 Q Ih o k ST "U v N. h1wal :Ki4' YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C SECM0316 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. l List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 1. Ha Ha China Restaurant 1. �,,,.ountain Hills Express 3. Red Rock Gas 4. Alamo Saloon 5. Faith Mnt. Church 5. Silver Stein 7. La Piazza B. Sorelli's 9. 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. I, Randy D. Nations , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor- license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. My MIRANDA BUSTAMANTI Notary Public - Arizona My Commission Expires SEPTEMBER 24, 20o7 State of Arizona County of Maricppa The foregoing instrument was ac knowledged before me this I1 day of AaI' Day of Month Mon Year (signature of NOTARY PUBLIC) 7 SAMPLE GEOGRAPHICAL DATA n the area adjacent to the map provided below indicates your proposed locatior nd the exact names of all churches, schools, and alcoholic beverage outlets ithin a 1/2 mile radius of your proposed location. See example below) Aonlicant Series 12 1 Pink Elephants Series 06 2 Mama's Rest. Series 12 ,3 Corner Liquors Series 09 4 Joe's Groceries Series 10 5 Lions Club Series 14 6 Burgers R Us Series 07 7 Pizza Perfect Series 07 8 Billy Bobs Bar Series 06 9 St. Anthonys Church 0 St. Anthonys School 1 Burbank Middle School 2 First United Baptist Church '-� Mi . N '1 Mi . 9 .R.S. Section 4-207.A reads as follows: Mi. i.• No retailers license shall be issued for any premises which are. at the time he license application is received by the Director, within three hundred(300) orizontal feet of a church, within three hundred(300) horizontal feet of a ublic or private school building with kindergarten programs or any of rades one(1) through twelve(12). or within three hundred(300) he'rzontal eet of a fenced recreational area adjacent to such school building. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL —�) � ,w I j —� —4� S�� 800 W Washington Sth Floor 934 F 400 W Congress #150 Phoenix AZ Bon 5th Floor Tucson AZ 85701-1352 (3, to (520) 628-6595 (602)542-5141 QUESTIONNAIRE U A-ention 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 mush be blocked to be unreadable prior to posting or any!p4bliCview..{ i_laSI- Read cafefgll -. This instrument is a sw rn document, a or print with black ink. An extensive mye�tt atto�fi of your back ro rid wfll�e conducte e pr iPnconlete answers could result in criminal prosecution and ground dem8i-p> s8btec g6bt o tiov'Of a ense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. �, �� 3O` A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) � D `j�' Z 1. Check ❑Owner ❑Partner ❑Stockholder ❑Member�OMfi er ❑ Agent L% ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions excep # 14,14a & 25) box —* Licensee or AlZent must complete # 25 for a Manner Licensee or AlZent must complete # 25 2. Name: Re Id Ile wI V)n 2ha m Date of Birth: � Ll 3/ Last FirRf Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 41-7 �_-- 30- 762 Drivers License #: 76 7 State: �z (Phis Will Not Become a Part of Public Records) 4. Place of Birth: Q-6�kLeA 4Z Height: �7 /D Weight: lEr Eyes: 1J ae Hair: O IT41J- City state Country (not county) 5. Marital Status ❑ Single ® Married ❑ Divorced ❑ Widowed n Residence (Home) Phone: ( 41& 937 -��` 6. Name of Current or Most Recent Spouse: & / / FILLY` l Y/S T ate of Birth: 3 (i - 11 for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. 'Tou are a bona fide resident of what state? � , If Arizona, date of residency: / 2 F 8 Telephone number to contact you during business hours for any questions regarding this document. (47n 277 _- %D 5 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: T /� / A )) Premises Phone: (� Z ) ;F3-7- 5 3 11. Licensed Premises Address: 0 �- g�.En 7`" r l2 r1 C /7 [ A I„ A & P, Q r I Can n Z- 2 X 7 Street Address (Do not use PO l3ox #) City County Zip 12 List ent or type of business during the past five (5) years if unemployed part of the time, list those dates. List most recent 1st. ,--type -r — FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month'Year OR BUSINESS (Give street address, city, state & zip) CURRENT [� � . D ' �cd 13 Indicate your ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION dence address for the last five (5) vears: FROM Month,fYear 13 Indicate your ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION dence address for the last five (5) vears: FROM Month,fYear TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip CURRENT p y C 1„ l U101 4 00 Disabled individuals requiring special accommodations please call (6 ) 542-9027 171 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 OYES [gNO 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) OYES E]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 KNO 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 ONO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES ,WNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES I�NO had a business, professional or liquor APPLICATION OR LICENSE rejected denied, revoked, suspended or 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 KNO 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 k�40 or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? S per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, �� V yl — #e L,hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. State of 42County of _ e foregoing instrument was acknowledged before this (Signature of Appli P ii i ET KOS M ITI S i day of , o : State of Arizona :UPA counlrr Day �, onth Year romm. expires Apr. 22. 2006 My commission expires on: Day Month Year ' (Signature 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. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGENT) ney Month Yw My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 7t7 800 W Washington Sth Floor * _, 400 W Congress #150 Phoenix AZ 85007-2934 () O' Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE ``jj��JJ (520) 628-6595 r.--antion 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 backgroorid checksjohlybUt-must be blocked to be unreadable prior to posting or any pubfic view. Rgad caxefgfl This instrument.is-a sv rn lrume�tt. or print Aith black ink. An extensive mve$ti�atlo o ypur bacdk ro�ln4 w41 a conduct d. ' etr mcopiplete answers could result in crinun prosee tion an t e emal or subsequent re h n of a license or permit TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29.00 processinp- fee for each fingerprint card submitted. ``i A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) j O 1. Check JJ appropriate ❑ box —, 2. Name: Last Owner ❑Partner ❑Stockholder ❑Member ®Officer ❑ Agent ❑ Manager(Only) Other (Complete Questions 1-20 & 24) (Complete All Questions excepl # 14, 14a & 25) licensee or Anent must comDlete # 25 for a Mana¢er Licensee or Ap_ent musf complete # 25 tub V) Date of Birth: Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: t '��' - �� Drivers License #: ��,3q p State: A� (This Will Not Become !'�a,Paa<4 of Public Records) 4.Place ofBirth: 6QUB t� t-W 1�� e"' �611' u','�)4 Height: ��� Weight: Eyes: YIy Hair: City State Coun (not county) 5. Marital Status ❑ Single N Married ❑ Divorced ❑ Widowed Residence (Home) Phone: qP 7 1f/ 6. Name of Current or Most Recent Spouse: �Q i aYf f°1L @ (, 1a Date of Birth: 0 (I` ' -ill for last 5 years - Use additional sheet if necessary) Last First Middle Maiden Jig 7'-rou are a bona fide resident of what state? 4 /Zts7�IG — If Arizona, date of residency: l'-/ 8 Telephone number to contact you during business hours for any questions regarding this document. dm3 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. r.37 - 33 75- 10. Name of Licensed Premises: �� , l� Premises Phone: '� U( 11. Licensed Premises Address: is Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent I st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT U SQC u b 61vr( �/ \ A (6 / i k U / l� ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION ` 13. Indicate your residence address for the last five (5) years: FROM MonthlYear TO Months'ear Rent or Own RESIDENCE Street Address If rented, attach additional sheet 6ving name, address and phone number of landlord City State Zip CURRENT ►� �o z �� v, , �U� l��l/ kz Ys LIC 0101 04/2003 Disabled mdrvidua►s requiring special accommoaauons please can tovc) --- — If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the [--]YES NNO the licensed premises? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) YES ❑NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into 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, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence DYES SUNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES 1NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES AO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or 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 �NO fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, DYES Id'NO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statement giving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, Eel �� CyWl VK, 0 \AM 5 , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this afire and the contents and all statements are true, correct and complete. ...•.�... �..... _ County of X OFFICIAL SEAL foregoing instrument was acknowle ed before m s (Signature of Applicant) S fA rT� S •• Notary Fublir, -State of Arizona � day Of MARICOPA COUNTY Mon Year y 6 y comm. expires Apr. 22, 200 My commission expires on: Day Month Year (Signature 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. 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 , D-r (Signature of NOTARY PUBLIC) month ym L ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL —P 10 L(-1 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 (520)628-6595 QUESTIONNAIRE 7Wntion 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 backgrour� Kp � otilrbg� rp sst be blocked to be unreadable prior to posting or any pu lic view. Rgad ca efq y. This instrument is.a,s, rn.dgcume yp rint with black ink. An extensive mve5ti ahoin of yqur bacLtiro�InQ ul %e1puduct � s incoMplete answers could result in crinun prosec tlon and t e denial or satisClltyent rei on of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff.10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. /� J A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) �' I "� qb•- �/ U1 3 V 1. Check ❑Owner ❑Partner ❑Stockholder []MemberOfficer ❑ Agent ( ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions QSCCAt # 14,14a & 25) box ---, Licensee or Agent must complete # 25 for a Mana er Licensee or Agent must complete # 25 2. Name: 0 L 0'er' 4 L 6 4 ,4 W 4 'C Af C? E Date of Birth: //-2-1 y Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 3,2- 22 J i_Drivers License #: �7 z ! 1 '�Ls State: f/ (This Will Not Become a Part of Public Records) �l/n` 4. Place of Birth: /h //v 1) 4 ile (- /.S N , ✓ u l� 0 Height: � O / � Weight: / 0 Eyes: Hair: city State Country (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: 6. Name of Current or Most Recent Spouse: © L 13 t-R r % 141X R621,4 P ;_1 y le- -0 JC STC k Date of Birth: ` S all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden ou are a bona fide resident of what state? —� 4 If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. (fit- A/ C M r 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: 6 $ Premises Phone: 1T6y l - 3.37 S 11. Licensed Premises Address: %OU S = �,� T 2 �>� SaC AIL& I/ - # //. t S A At /<�o P-'0' Po 6 Street Address (Do not use PO Box #) City County Zip 12. List vour emplovment or tvpe of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st FROM Month�Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS: (Give street address, city, state & zip) // a ( " l CURRENT ` -/ D �\ n �1 I �3 3 ► L i c� a,�s �r ' ULi Il i ill, AZ ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM MonthNear TO Month/Year Rent or Own RESIDENCE Street Address If rented attach additional sheet giving name address and phone number of landlord City State Zip CURRENT j� 3 /e eL A (,t s: A' 0, ,(4A)A, # tt Z LI rsab e individuals requiring special accommodations please can ) 1G8 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 ❑YE 0 the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES *0 If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 16. Have you EVER been convicted, fused posted bond, been ordered to deposit bail, imprisoned, had sentence suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 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 fined in this or any other state? 19. Has anyone EVER tiled suit or obtained a iudement against you in a civil action, the subject of which involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controllingrperson , been an officer, member, director, or manager on any other liquor license in this or any other state? DYES .ENO DYES ;10 DYES 5N0 DYES Pf�0 DYES I KO 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, awencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, _ {� Z 0 O 4- S , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents a -all statements are true, correct and complete. Notary Public-'StatTot Arizona MARICOPA COUNTY My Comm. explres Jan. 20, 2005 My commission expires on: a0, o200.s' Day Month Year State of County of �%LCeJ _ The foregoinf instrument was acknowledged before me this /724 day of 0200 D onth Year (Signature of NOTARY PUBL FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGENT) Day Morth ym My commission expires on: Day Month Year (Signature ofNOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL b bp �U 150 800 W Washington 5th Floor iw I ^ Tucson W Congress -135 Phoenix AZ 85007-2934 � Tucson AZ 857011352 (520) 628-6595 (602)542-5141 QUESTIONNAIRE -Nwntion all Local Governing Bodies: Social Security and f3i�h42@flnjco i`nafio,fYU Confidential. This information may be given to ` local law enforcement agencies for the purpose of background checks onlyu' must be blocked to be unreadable prior to posting or any public view. Rgad caXefglly. This in trument4 , 1 An extensive mye�tl atioi of qur ba fro nc( in crlmin�l prosec11ytion an� tFie genial or 'lor print with black ink. ornco lete answers,could result on of a Ifleense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Lt*quor License # Eff. 10/01/03 there is a $29 00 processinE fee for each fingerprint card submitted. A service fee of $25.00 will be charged for all dishonored checks (AILS. 44.6852) L(-1-2— location is en"entl)! jorenwd) 1. Check Downer ❑Partner []Stockholder ❑Member Officer` l❑] Agent s.J 0 Manager(Only) appropriate ❑ Other (Complete Q estions 1-20 & 24) (Complete All Questions except # 14,14a & 25) box —100. Licensee or A ent must complete # 25 for a Manager Licensee or Agent must complete # 25 1 2. Name: _ ?Z--aP•-//✓ 104W5 JrO HNl Date of Birth: /02 0p? O —o2 C/ Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: / ) 3 '03 -3 Y� Drivers License #:3 D 0 0 � / tP 2-3 State: 2— (This Will Not Become a Part of Public Records) nn I ( _ � 4 . Place of Birth: C 144A�o 6 � L. • L)S �1 Height: S r l Weight: Z / 3 3 Eyes: 8k n Hair: tt), *7-F City State Country (not county) 5. Marital Status ❑ Single N Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (40 7 - Ye 6. Name of Current or Most Recent Spouse: /"' A E 6PL I A filtVlC 0 kV 7M C ttf /V,. Date of Birth: % 1D -as 31 �H for last 5 years - Use additional sheet if necessary) Last First Middle Maiden ""� n �ftrou are a bona fide resident of what state? A 2- • If Arizona, date of residency: /►'L g C ll l 177 0 Telephone number to contact you during business hours for any questions regarding this document. 0 913 77 - 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: i L U Premises PhoneAo-) 11. Licensed Premises Address: 1 / �S r, C iiO�P�1SF �� �Od►+�TRt1��l��L�S N�A� '� �a6 Street Address (Do not use PO Box #) City County Zip 12 L a,. 4— fl— na¢t AVe ISl veAm if,memnloved part ofthe timelist those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) 13 Ind ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION ` girl— fnr the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented,attach additional sheet giving name address and phone number of landlord City State Zip d CURRENT Clurl it Oil ZFP09 U #t 13 &n/ 1g11V y 1V6 2 S� LIC 0101 04/2003 Llsaolea mmvrouais requiring spec rai accv.w..ouauo..n l If you checked the Manager box on the front of this form skip to # 15 ' 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑YES PNO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES*NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only DYES WNO 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 <O suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES )dNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES XNO had a business, professional or liquor APPLICATION OR LICENSE rejected denied, revoked, suspended or 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 )jNO 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 )5NO or manager on any other liquor license in this or any other state? If any answer to Questions I S through 20 is "YES" YOU MUST attach a signed statement giving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? [-IYES ❑ NO If `yes", attach a copy of such agreement 24. I, 40 (, /S 0 0 4 /����� L./ 4 , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questio ire and the contents and all statements are true, correct and complete. t State of County of X The foregoing instrument was acknowledge before m this Si atu of Applicant) OFFa& SEAL �U day of , G,1 ©U KIMBERLY N. BMNUET ---- Day M th Year 2 + NOTARY PUSS-ARRON,1 �. My commission ex r° �l- NOY.l Q00j (Si ature of NO ARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGENT) Day Month Ym My commission expires on: led Day Month Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor Phoenix AZ 85007-2934` (602) 542-5141 QUESTIONNAIRE 400 W Congress #150 Tucson AZ 85701-1352 (520)628-6595 FA.-_ntion all Local Governing Bodies: Social 5ecuritjt inti Birtbdate 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 11,,11,. or anypublic view. Rgad calrefully. Ttii's h An extensive mye$ti atlon of vqur incrimin l prosectition worn odument. F e or print with black ink. Ill be conducted. $Cse or print lete answerscould result or subsequent revocation of a li ense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29 00 processint? fee for each fingerprint card submitted. 10—B yAservice fee of $25.00 will be charged for all dishonored checks (A.RS. 44.6852) �Ir�Ll 'I�2%/l l ( /"f �'(, (If thr lnratinn is rurrently liCenSCdl 1. Check ❑Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ® Manager(Only) appropriate ❑ 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 box —, _ 2. Name: %r� ���� %G1;;110-/'b Z� Date of Birth: %1 Last p First Middle (This Will Not Bec e a art of Public Records) 3 . Social Security Number: r�C G — 2 — 9�DZDrivers License #: �� C7/ oQ� .� State: Ayz (This Will Not Become a Part of Public Records) ! �/ 4 . Place of Birth: � tf.���J 611 U If Height: g Weight: 4�� Eyes: ei< Hair: City State Country (not county) 5. Marital Status ❑ Single t9 Married ❑Divorced ❑ Widowed Residence (Home) Phone: z _ ate 6. Name of Current or Most Recent Spouse: �G(,�41%lJ� TNT i/t / i� Date of Birth: (I ' ' ill for last 5 years - Use additional sheet if necessary) Q Last First Middle Malden 740rou are a bona fide resident of what state? / J�CZ��,Q If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than, three (3) (3) months, /submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: 0 og -}� _ Premises Phone: &-b lw ,/�Lc'fi U✓-� r ,.r: ,i-/ /li.< /�A.�Lre/✓%rl �[!-'2(C D 11. Licensed Premises Address 12 13 Street Address (Do not use PO Box #) County 1;ct tl—, Matte i .ist mnst rerent 1st_ L1SL yULn G1111J1Uyl l lcll L Ul LyJJc U, ---& .... 1....... - �.. J ----., -- - - -- -- -- - - FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS OR BUSSIIINESS (Give street address, city, state & zip) Month/Year Month/Year CURRENT 1!' �- �+ �'�/6tLy- LS% T ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SEC I'ION y _ 1--. c-._ IrN - 1111 IUMU yUU1 FROM Moonnth'Year IUWUGAl TO Month/Year .o auU- Rent or Own 1 �fl -"-- RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State 19co CURRENT M q OU)AI Wt1 / jam // fiiifJ f///✓ � QZip r �1J LIC 0101 04/2003 F o Ifyou checked the Manager box on the front of this form sIdp to # 15 r 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the YES ❑NO the licensed premises ? If you answered YES, how many hrs/day?L42?_, answer #14a below. if NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) YES []NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into 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 druP related 16. Have you EVER been convicted, fined posted bond, been ordered to deposit bail, imprisoned, had sentence ❑YESQNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES ZNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER DYES WNO had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iude-ment against you in a civil action, the subject of which involved DYES )CNO fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownersbin, been a controlling person, been an officer, member, director, DYES ®NO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a siiened 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) RYES ❑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 H NO If "yes", how much? S per month. Total debt to licensee S 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ,® NO If "yes", attach a copy of such agreement 24. I) ` /`7G 4-,�44r /. Y ym�- , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and co�Ilete. 17, e of� County of T X A� a foregoing i trument was acknowledged before me t s (signature of EANNA M. WORKMAN Notary Public -State of Ar zon day Of MARICOPA COUNTY Day Month Year Icy comm. expires Jan. e, 2008 My commission expires on: Alh - -- ------ Day Month Year (Signature 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): �O S Hereby authorize the app 'cant to act as ned liquor license. OFFICIAL EAR too _County DEANNA M. WORKMA X The foregoing i ent was acknow edged before m this Notary Public - State of Arizo �y Of n v (Signature of LICENS My eomrn, expires Jan. 3, 2008 Day 0 T My commission expires on: 00 � � r ay Month Year (Signature of N OTARY PUBL ) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 L i Q ,, SE (520) 628-6595 10914 JUL 2 r� p �t: n q CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAMS) OBTAIN ORIGINALS OF THIS FORM FROM DLLC4)0 NOT PHOTOCOPY nnrt IM1=WT tc rnMai iTco creuuPn TVOC nD ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION /I y � Indlvl ual Name (Print) Ind ividu ignature TYPE OF TRAINING COMPLETED �j LL TRAINER MUST CHECK YES OR NO FOR EACH TYPE / YES ❑ NO BASIC ❑X YES ❑ NO ON SALE Dat& Training Completed ❑ YES X❑ NO MANAGEMENT ❑ YES © NO OFF SALE ❑ YES X❑ NO BOTH ❑ YES X❑ NO OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: y, • • • •� �• �•-� ouanvwo rvsamc LIUUUK LICENSE NUMRPP ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Arizona Liquor Industry Consultants Company or Individual Name P.O. Box 2502 Chandler AZ 85244 (480)730-;:;.;•2 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). Brian Anderson Trainer Name (Pr lure Date Trainer givIMFriginal of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. the person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. LIC 1021 1012001 Disabled individuals requiring special accommodations please call (602) 542-9051 ' ARIZ-ONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 •- � � °' CENISE (602) 542-5141 (520) 628-6595 .. �1. 09 CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION �/% 11 /o NAME OF THE LICENSEE v TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO.FOR EACH TYPE ❑ YES 0 NO BASIC ❑X YES ❑ NO ON SALE ❑x YES ❑ NO MANAGEMENT ❑ YES 0 NO BOTH IF TRAINEE IS EMPLOYED BY A LICENSEE: BUSINESS NAME ❑ YES 0 NO OFF SALE ❑ YES ❑R NO OTHER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Arizona Liquor Industry Consultants Company or Individual Name LIQUOR LICENSE NUMBER P.O. Box 2502 Address Chandler AZ 85244 (480)730-2675 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). � Brian Anderson Trainer Name (F Trainee ggive original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. )erson(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following r(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. .)of of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 10/2001 Disabled individuals requiring special accommodations please call (602) 542-9051 --p t0001-A 0 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 oe Washington Sth Floor ��, , 400 W Congress #150 Phoenix AZ 85007 2934 > `!� Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE �r (520)628-6595 Attention all Local Governing Bodies: Social Security 9nU,•Biftht7atie 16.ffzoglEcin 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 7wor anu public view. Rgad carefq%. This incttrument is a swQ h ddcunfentlJ a or print with black ink. An extensive lnye$tigptio o dypur a�k round willobe conducted. age or print answers could result in crinun prosec tion an tie denial or subsequent revocation o a ense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff.10/01/03 there is a $29.00 rocessin fee for each finger rint cards e submitted. C �� �i r A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852) Ll � U (Q 1. Check appropriate box —, 2. Name: LJOwner LJPartner LjStockholder LJMember LJOfficer L✓j Agent I LJ 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 Nations Last Randy First 3 . Social Security Number: 526-74-6706 Drivers License #:_ (This Will Not Become a Part of Public Records) 4 . Place of Birth: Morenci Arizona USA Height: City State Country (not county) 5. Marital Status ✓l Single Q Married ❑ Divorced ❑ Widowed time of Current or Most Recent Spouse: il for last 5 years - Use additional sheet if necessary) Last First 7. You are a bona fide resident of what state? Arizona D. Date of Birth: 9/6/47 Middle (This Will Not Become a Part of Public Records) B11688119 State: Arizona 61" Weight: 210 Eyes: HZI Hair: Brn Residence ('Home) Phone: 4( 80) 813 - 1364 Date of Birth: Middle If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. (480 ) 730 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 09-06-1947 2675 10. Name of Licensed Premises: The Club Premises Phone: 4( 8 0) 8 3 7 - 3 3 7 5 11. Licensed Premises Address: 17005 E. Enterprise Dr. Fountain Hills Marieopa 85268 Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) years, if unem Toyed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 04-93 CURRENT President Arizona Liquor Industry Consultants 1811 S. Alma School Rd. Ste 268 Mesa. AZ 85210 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five (5) ears: - I FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented attach additional sheet ivin lanlord information citv Zip 12-95 CURRENT own 314 S. Bayshore Blvd. Gilbert Arizona 85233 LI 0101 O1 04 Disabled individuals requiring special accommodations please call (602) 542-902 If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the YES ✓ NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES❑NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include onlv ❑YES RINO those that were alcohol and/or drue related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence DYES ONO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or EYES ONO 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 EYES []NO had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a iudgment against you in a civil action, the subject of which involved EYES ONO 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, EYES ONO or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statementgiving complete details.Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES❑ NO If "yes", attach a copy of such agreement 24. I, Randy D. Nations hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. /-4 d MIRANDA BUSTAMA, My commiss Not-iry Public - Arizo 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager 0 (Signature of LICENSEE/AGENT) My commission expires on: State of Arizona County of Maricopa _ The foregoing instrument was acknowledged before me this q 11 day of Day MQnA Year (Signature of NOTARY PUBLIC) A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION named liquor license. State of County of The foregoing instrument was acknowledged before me this day of Day Month Year Day (Signature of NOTARY PUBLIC) Month Ycar 3 EN1SE ?Oaf JUL 2 0 P p This addendum is written .in response to questions 17,18,19, and 20 on the QUESTIONNAIRE. In response to question 17, my company is currently contracted with over five hundred (500) liquor establishments statewide, not to mention those who have cancelled services since our inception in 1993. Depending on when this document is reviewed, it's possible that there may be a pending administrative citation, compliance action, arrest or summons against one of them. In response to question 18, since I began ALIC in April of 1993, I have been associated with hundreds of liquor establishments and liquor licenses. Several of them have received citations (fines) and in some instances, a suspension. I work with the compliance officer on a "regular basis acting as a representative for those who utilize my contract service. I do not however, have anything to do with the actual operation of any liquor establishment in this or any other state. Therefore, none of the violations to which I have just referred can be associated to me personally. Additionally, it would be almost impossible for me to give you a reconciliation of these violations, as I'have been associated with so many licenses for so many years. Question 19. In early 1995, I -was involved in litigation'over the sale of a class six (6) liquor license_ The seller in this case presented documents to me, you (DLLC), and the g him as the president of a corporation that Arizona Department of Revenue, showin 'owned a liquor license. He requested my assistance in selling this license, as I am a liquor license broker. The license was brokered and sold by me. Some vcreeks later I discovered that the individual selling the license on behalf of the corporation. was a_fraud, therefore the sale of the license illegal. After notifying the purchaser (victim), lie instigated a ;npany used to consummate the sale of the lawsuit against both me and the escrow co license. The litigation against my company -and me was later dropped; I did however have to pay the buyer's attorneys fees. Additionally; I prepared a felony complaint, took it to prior police associates at -the Arizona Department of Public Safety and we obtained a five count Grand Jury Indictment and six year prison conviction against the fraudulent seller. Question 20_ I am currently the Administrative A&ent on numerous liquor licenses thzoughout.the State of Arizona. I have also owned liquor licenses that were purchased for resale only. Respectfully Submitted.. Randy ations, President ALIC OR `� C 17001P �nte� te��r•ive Fountain i , A rz 5268 March 18, 2004 THOSE WHO SIGN THIS PETITON SHALL HAVE SIGNIFIED THEIR INTENTION, AS A MEMBER OF "THE CLUB," TO SECURE A SOCIAL CLi'B LIQUOR LICENSE: NAME,/DATE I ADDRESS l 733> F . � n-; 1i✓ fib �Z � * 4C,4, L L 4 4 23 Af,, Pj- ct 1),rAl x) U,5 1A clgc�V2ar�c ;-- p 3 < d Il Al- U <2Z I ��'�� � L tom, dy a 4 P a. a CRke act" E v ,- . l�v NOTE: On March'18, 2004 1 talked to Connie Wagner, Licensing Manager, Arizona Department of Liquor Licenses and Control, who stated the Board has no prescribed form thus we are using our form. ,�ZZ�� c, l THE CLUB L 1 O UOFPE,I'ITION Z024 JUL2�1TaL;�- '�q ADDRESS z 4 l � f 1 S 6'o Z G vg 1J . r �D 6 �O 3 /7ra f' t THE CLUB s.. L(_ C� urn �E 10N A��: 09 NAME/DATE ADD-)RF.S, Mt & 03 - ZZ — o U 5 K LN 1, 0 F. R . 952 b` 3- 2-1—© -7.3 E _ 4;y W16 /1✓� � Cam? I !* 3 1 L)(+ goo. pax l l� t s �s FW e y F-i ` . • `-} A iF • ._ , J ( 7 1 / r .�f �'�' fit. 7., /1'.,tjl,.L- G" L 7Z1. 3 M. x. d 8 '��a 6e -6Z,ei m NAME/DATE THE CLUB piLt-'t,144�1 C E N S E 0 P 0 9 17, DRESS -0 Avc oF �..� ��°� ���� � �� �,_ ��� lbw Ilk 31� 42 _2 v p rW 13013 IV 12 4 IL IL C THE CLUB L 10 U OR L I CPETJTION c0�4 JUT -0 P Ppgec, � TE ADDRESS G c) / i 3 Oor 447 , ys-zzf z gS-26E--' ��a&8 rW I �� 4L1 Tffg�2LDUIC SE PXJ ITION 41jUq JUL 2 0 Page 6 NAME/DATE ADDRESS le, '1151 ,041 /Z/4i,,;Z ,lJ b r, ::F V A IJ Dil// 4- 6 C, f t P, Aj) I, /I Z. � Z- 61 J-777' I L3 4 c AA*L /4 6'Cl psr C epees Dr �f4� fA 11S, .4 2-, 9 t 2 C, LIQ CLUB P�TI VagPl,: 09 NAME/DATE ADDRESS a 12,6 z// Z—:. t,11 P J J-b2l U;A DC L Sl)[, -c c s / 5 V lAt sri R rr Az2i THE CLUB L/otjo 'Eaj3' -QN 7�l]ui4 JUL 2 Q'age NAME/DATE ADDRESS l 6 O 6 b E,— _< F,z -- 6-2� 7 IV, 2"—/&�71 �� 10 8-�a68 e-.SZ4- k d� THE CLUB L IQ E,-E, ITIO,Ns,E 1 ' Pei-,. I0 N11ME/DATE ADDRESS ea q1 - � a� $ �i 3 � zz r Z57 1` /3 a 13 7""�- 1 T I WLo- - I' W'4 k 1',� S E PETITION ZED jUL 20 P 4: 10 Page A9 NAME/DATE ADDRESS 73Z THE CLUB B ENSE NAME/DATE. ADDRESS JRT- 00 on F m D ooy� Qr i,,v tew ell-c V C to +^ r s7 as z --r m z ,%. THE CLUB PETITION L600'0F; rIGL ° Sr U941 A 20p eLTI 17 NAME/DATE ADDRESS 9"LAY -�5 3-3 e - f -4z J5 -iAz fJ�� J00 r i THE CLUB f,l ZljlblJig. JL o NAME/DATE ADDRESS 2 ?; /t,2 v/1" J THE CLUB PETITION Page 141 JUG 2n (D t. o NAME/DATE ADDRESS Cal a �e7. D'Z2 /I r, gS2�� �;11 s THE CLUB PETITION Pag NAME/DATE ADDRESS ?5-6Z 43 Z-V 3 )) -711P 332 A), 3 oq -� /30-7 /C11 A ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress T150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL" GOVERNING BODY RECOMMENDATION STATE APPLICATION NO. 14073036 COUNTY OF Mariropa , ARIZONA. CITY/TOWN/COUNTY NO. Town At a Regular meeting of the Town Council of the CAsr/Town/Qwnty (Regular or $pzik) (Governing Body) of Fountain Hills held on the 1 () day of Aiigjjsi- 2004 the (Day of Month) (Month) (Year) Application of Nations, Randy for a license to sell spirituous liquors at the premises described in Application No. 14073036 , License Class # was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Nations, Randy is hereby recommended for Approval (approval/c}I�a ) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. Bev Bender CI* OWN/CNP"Y CLERK DATED AT Fountain Hills Fhisf"'' day of 7G �i— (Day of month) (Mont (Year) Disabled Individuals requiring special accommodations please call the Department 5c 1007 Mi997 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: July 27, 2004 Date of Posting Removal: August 20, 2004 Applicant Name:__ Nations Rand Last First Middle Business Address: 17005 E. Enterprise Dr. Fountain Hills AZ 85268 Street City Zip License #: 14 0 7.10 -j Ci 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. Bev Bender Town Clerk 837-2003 Print Name of City/County Official Tide Telephone # August 20, 2004 Signature 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 Lic0119 06/2003 cm Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Tom Ward Requesting Action:® Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ 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 2004-35 abandoning whatever right, title, or interest the Town has in the public utility easement located at the northerly property line of Lot 33, Block 2, Plat 603C (15838 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona, with stipulation. EA04-10 (Wilson) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted June 16, 2004. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: D partment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: June 16, 2004 FR: Art Candelaria, Civil Engineer RE: Easement Abandonment 04-10 Randy Harrel, Town Engineer 15838 E. Cholla Drive Reviewed: Tor��,rd, Director'of Public Works Plat 603C, Block 2, Lot 33 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility easement located at the northerly property line of Plat 603C, block 2, Lot 33 (15838 E. Cholla Drive) as shown in Exhibit "A". The property owner of Lot33 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues, in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be • :.abandoned, with the understanding that certain lots within:this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 33 is required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2004-35, subject to the following stipulation: • That the applicant grant a 10' x 10' Public Utility Easement at the southeast corner of the site for existing and future utility boxes. Enc: Resolution Exhibit C: Brian & Shelly Wilson Russell Marano Ray & Judith Parker \\earth\BBrannon\Abandonment Letters and Resolutions\EA Staff Memos\EA04-10 - 603C-2-33.doc RESOLUTION 2004-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 33 BLOCK 2, OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by_easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SFC.T10N1. That the certain ten (10) foot public utility easement, located along the northerly property lot line of Plat 603C, Block 2, Lot 33, Fountain Hills, as recorded in book 161 of maps, page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the Town. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2004-35, 603C-2-33 EA04-10.doc I f PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. i' FOR THE TOWN O O IN HILLS: ATTESTED TO: W. J. Nichols, M ayer — Bevelyn J. Be er, own Clerk REVIEWED BY: Timothy G. Pickering, Town Manager Resolution 2004-35, 603C-2-33 EA04-IO.doc 7 APP OVED AS TO FORM: An rew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603C BLOCK 2 LOT 33 8� Op �� ►y /� PROPO! �ocuMi LOT 11 N Q4 W E a/ S' LOT 1 P. 20' SCALE: 1' — 40' / DATE: 7-12-04 �' Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Approval (Check all that appl ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Annrovriate 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 2004-36 abandoning whatever right, title, or interest the Town has in the public utility easement located at the northerly property line of Lot 13, Block 4, Plat 506A (15649 N. Aspen Drive) as recorded in Book 159 of Maps, Page 30, Records of Maricopa County, Arizona, with stipulation. EA04-11 (Formica) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted June 24, 2004. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: A-1 /,'W/ D partment :� Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 19, 2004 FR: Art Candelaria, Civil Enginee RE: Easement Abandonment 04-11 Randy Harrel, T wn Engineer % 15649 N. Aspen Drive Reviewed: m ard, Directo o P lic Works Plat 506A, Block 4, Lot 13 _Y This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northerly property line of Lot 13, Block 4, Plat 506A, (15649 N. Aspen Drive) as shown in Exhibit "A". The property owners of Lot 13 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2004-36, subject to the following stipulation: • Grant a 15'x15' Public Utility Easement at the southeast corner of the lot, and a 10'x10' Public Utility Easement at the southwest corner of the lot, for existing and future utility boxes. • Trim, maintain, and/or remove existing vegetation obstructing the line of sight on the inside of the curve along Aspen Drive. Enc: Resolution Exhibit EAAbandonment Letters and Resolutions\EA Staff Memos\EA04-11 - 506A-4-13.doc I r' RESOLUTION 2004-36 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 13, BLOCK 4, OF PLAT 506A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 30, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL_:OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION I. That the certain ten (10) foot public utility and drainage easements, located along the northerly property lot line of Plat 506A, Block 4, Lot 13, Fountain Hills, as recorded in book 159 of maps, page 30 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 13 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2004-36, 506A-4-13 EA04-1 Ldoc 1 r PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. FOR THE TOWN OF FO TAIN HILLS:., ATTESTED TO: 1 W. J. Nic ols, M or Bevelyn J. B der own Clerk REVIEWED BY: G Timothy G. Pickering, Town Manager Resolution 2004-36, 506A-4-13 EA04-1 I.doc 2 APPR VED AS TO FORM: Andrew J. McGuire, Town Attorney 1 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 506A BLOCK 4 LOT 13 i � � 4 `\ �\ L 0 T 12 � � N 82*50' LOT 14 L%1�1�1� I ABANDON 10' P.U.E & D.E. C ry�o �h BLOCK .4 _ LOT 13 } 0 �1. 29'43'35" r ` R - 275 00' 1 .5 N 8�0' 00"__ E 00, ASPEN DRIVE ---" GRANT NEW 15'x15' P.U.E BY SEPARATE _ INSTRUMENT GRANT --- -- / GRANT NEW 10' x 10' ------- P.U.E BY SEPARATE INSTRUMENT f i / I / N PLAT 506C ` i BLOCK 2 W E ; SOT P.,AN_ 0 20' w, SCALE: 1' - 40' DATE: 7-7-04 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Tom Ward Requesting Action:® Tvpe of Document Needing Approval (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 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 RESOLUTION 2004-37 abandoning whatever right, title, or interest the Town has in the public utility easement located at the northerly property line of Lot 53, Block 3, Plat 505C (16406 N. Cobblestone Lane) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA04-12 (Hoffman) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted June 21, 2004. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 19, 2004 FR: Art Candelaria, Civil Enginee RE: Easement Abandonment 04-12 Randy Harrel, Town Engineer' t� �l 16406 N. Cobblestone Lane m Reviewed: and Director of Public Works Plat 505C Block 3 Lot 53 L;Vrf I This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the easterly property lines of Lot 53, Block 3, Plat 505C, (16406 N. Cobblestone Lane) as shown in Exhibit "A". The property owners of Lot 53 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision :are subject to lot -to -lot drainage runoff. The property owners of Lot 53 are required to pass the developed flow, generated by the upstream lots across their property. Staff recommends approval of Resolution 2004-37. Enc: Resolution Exhibit \\earth\BBrannon\Abandonment Letters and Resolutions\EA Staff Memos\EA04-12 - 505C-3-53.doc RESOLUTION 2004-37 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINES OF LOT 53, BLOCK 3, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the'Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SFC'TION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot lines of Plat 505C, Block 3, Lot 53, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 53 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2004-37, 505C-3-53 EA04-12.doc I PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. FOR THE TOWN OF FQUNTAIN W. J. Nichols, REVIEWED BY: Timothy G. Ptckering, Town Manager Resolution 2004-37, 505C-3-53 EA04-12.doc 2 ATTESTED TO: '_7 / ON 31MCfer, i/o-wn Clerk APP OVED AS TO FORM: 7 An rew J. McGuire, Town Attorney LOT 11 N WE S 20' 40' SCALE: 1— 40' DATE: 7-7-04 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505C BLOCK 3 LOT 53 LOT 54 10. 00, / i N 86'29 23_ 103.97 I I I ABANDON 10' P.U.E 8c D.E. BOCK 3 0AIa' j LOT 53 rr, r/gym , o 0 Mid I O it Mo}� RETAIN 10'x10' 10 I I P.U.E, ABANDON z ' d 10' D.E. I 56 , . / X \� Op, �27.00 p , 115 00 / COBBLESTONE LANE rn L Q—T 4 5 LOT 44 I , 545 RA�NIJY L. t I I a HAhREL Gk nee�' . • 'c �. I r i I I 1 O o iv I 0)^oo j :;t N t° n �L-J d Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Tom Ward Requesting Action:® Tvne 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 ADnrooriate 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 2004-42 abandoning whatever right, title, or interest the Town has in the public utility easement located at the northwest property line of Lot 2, Block 5, Plat 111 (14424 N. Ibsen Drive, Unit B) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-13 (Sandoval) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted July 6, 2004. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: De artment C/ Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 19, 2004 FR: Art Candelaria, Civil Engineeof RE: Easement Abandonment 04-13 Randy Harrel, Town Engine 14424 N. Ibsen Drive, Unit B Reviewed: T,sr i-'Ward, Directo blic Works Plat 111, Block 5, Lot 2 This item on the Town Council's agenda is a proposal to abandon the 10' public utility and drainage easements located at the northwest property line of Lot 2, Block 5, Plat 111, (14424 N. Ibsen Drive, Unit B) as shown in Exhibit "A". The property owners of Lot 2 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and all but one have approved the proposed abandonment of this public utility easement. The Fountain Hills Sanitary District (FHSD) denied the abandonment request (but by letter have agreed to allow enclosure of the existing patio, which encroaches into the easement) so a sewer easement will be retained. The Engineering Department has reviewed the site to ascertain any drainage issues, in addition to the Town's general interest in the easement. Iris the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 2 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2004-42. Enc: Resolution Exhibit \\earth\BBrannon\Abandonment Letters and Resolutions\EA Staff Memos\EA04-13 - 111-5-2.doc 404 RESOLUTION 2004-42 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINES OF LOT 2, BLOCK 5, OF PLAT 111, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful ,Weans; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE 1v1AY0R AID COUNCIL'OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot lines of Plat 111, Block 5, Lot 2, Fountain Hills, as recorded in book 150 of maps, page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town, except that a. ten (10) foot sewer easement will be retained. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 2 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2004-42, 111-5-2 EA04-13.doc I a 0 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. 11 7 FOR THE TOWN W. J. Nichols, AIN HILLS: REVIEWED BY: % Timothy G. fickering, Town Manager Resolution 2004-42, 111-5-2 EA04-13.doc 2 ATTESTED TO: Bevelyn J. Be er, fown Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 5 LOT 2 PLAT 104 BLOCK 11 PLAT 104 BLOCK 14 \ LOT 4 L 0 T 1 MIRAGE�\ �\ CONDOMINIUMS �O°�O°� ABANDON 10' DRAINAGE Et,ASEMENT & 1 y PUBLIC UTILITY EASEMENT \� #2� �i� I�j�� RETAIN 10' SEWER EASEMENT � y BLOCK 5 / LOT 2 � \ r 1 ° L 0 T 1 �l LOT 3 N YV F S E F 0 20' SCALE: 1' = 40' DATE: 7-19-04 /y LOT 4 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check 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 2004-43 abandoning whatever right, title, or interest the Town has in the public utility easement located at the southeasterly property line of Lot 35, Block 3, Plat 505C (16433 N. Picatinny Way) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA04-14 (Stigler) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted July 13, 2004. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: epartment Head rl Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 14, 2004 FR: Art Candelaria, Civil Engine RE: Easement Abandonment 04-14 Randy Harrel, Town Engineo ' 16433 N. Picatinny Way Reviewed: T d,.Direct r of ublic WWorks Plat SOSC, Block 3, Lot 35 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southeasterly property line of Lot 35, Block 3, Plat 505C, (16433 N. Picatinny Way) as shown in Exhibit "A". The property owners of Lot 35 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues, in addition to the Town's general interest in the easement. It is the professional opinion of the. Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 35 are required to pass the developed flows generated by the upstream lots across their property. • Staff recommends approval of Resolution 2004-43. Enc: Resolution Exhibit \\earth\BBrannoMAbandonment Letters and Resolutions\EA Staff Memos\EA04-14 - 505C-3-35.doc t a RESOLUTION 2004-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINES OF LOT 35, BLOCK 3, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the 'Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to acceptor reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVE? B Y THE MAYOR AND COUNCIL OF THF, TOWN OF FOUNTAIN HILLS, as follows: SF.C'TION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot lines of Plat 505C, Block 3, Lot 35, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 35 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2004-43, 505C-3-35 EA04-14.doc 1 J r r... ..r PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. FOR THE TOWN OWFOUNTAIN HILLS: W. J. Nichols,/Mayor REVIEWED BY: Timothy G. iAering, Town Manager Resolution 2004-43, 505C-3-35 EA04-14.doc 7 ATTESTED TO: Bevelyn J. 4ndW, Town Clerk APPROVER AS TO FORM: 0�- � y An rew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505C BLOCK 3 LOT 35 T 36 ,7o 01 LOT 23 'REMOUSLY ABANDONDE 10' P.U.E & 15545 RANDY L. HARREL Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ® Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the special event request submitted by the Chamber of Commerce for the Thanksgiving Day Parade scheduled to be held from 9:00 a.m. to 11:00 a.m. on Thursday, November 25, 2004. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the special event request. This is an annual "holiday" event that automatically appears on the event calendar per Article 8-3. Application process and Council approval required. Applicant reimburses Town for any incurred expense. Application received 7/23/04, complying with major event provision for 90 day submittal. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: 4tAnt lie -Z U Town Manager Budget Review (if item not budgeted or exceeds budget amount) 17 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 5, 2004 FR: Tom Ward,,Difector of Public Works RE: Thanksgiving Day Parade Special Event The Chamber of Commerce has submitted their request for the Annual Thanksgiving Day Parade to be held on Thursday, November 25th, 2004 from 9:00 a.m. to 11:00 a.m. The event will utilize portions of Panorama Drive, allowing access to local traffic only. Saguaro will be closed from El Lago to Palisades; Palisades will be closed from Saguaro to La Montana; La Montana will be closed from Palisades to Avenue of the Fountains. Barricades will be placed at 5:30 a.m. and removed at 11:30 a.m. A certificate of insurance will be forthcoming prior to the event. This event has run smoothly in years past and the Special Events Committee recommends approval. \\earth\BBrannon\Special EventsManksgiving Day Parade 2004.doc Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator Special Event P.O. Box 17958, 16836 E. Palisades ntain Hills, AZ 85268 Permit Application FouPhone: 480 837 2003 2 Fax:480-837-3145 Date of Application: Permit Application #: 5 6'f so O if I( Please complete the followi J information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of hventy- five (25) days betiveen the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) Section 2 Application Information (Must be completed) Any changes shall be submitted to the Clerk's office prior to the end of the V day of the event. I-- a .9'x` CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: A'a / ,y V 14&--21�zx-)-5. � a ,„ar,nn pnmr n event _ _If the evAMt is to take place on Citv Proper If the event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet ifCharity's Name 501(c)3 Number necessary. Charity's Address Charity's Plione # (ifdifferent from above) Has this event ever been held at another location? Yes No 111 If Yes, please provide the following: Dates Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes No If Yes, please explain: Will there be an admission charge: _Yes No If Yes, how much? Will there be an amplified entertainment? Yes No If Yes, what type? M CD/ ,/ �7 IL/T(/ (� , r p ^ y—��/ /Y/TAe/e �Attach an additional sheet if Will there be live entertainment? 0 Yes No necessary. If Yes, complete die following: Croup Performance Location Scheduled Time Tax ID 8 Attach an additional sheet if' Will there be any novelty items sold? ❑ Yes No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID H 14 Attach an additional .sheet if' Will there be any contracted concessionaires caterers? ? o Yes No necessary. If Yes, please provide the following information: (Attach an additional sheet ifbecessa ) Name of Concessionaire/Caterer Address Phone Items sold Tax ID N Town of Fountain Hills Special Event Application Page 2 of 10 M are Attach an additional .sheet iJ' Will there be artists. o Yes A No necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID N Radio Yes No It Yes, nst stations: TV ci Yes No If Yes, list stations: Newspaper Ads Yes No If Yes, list newspapers: Press Releases o Yes Ej No If Yes, how many: Flyers/Posters es No If s, where disc ibuted and attacl I ed�� tt al materials. g � � Attach an additional sheet iJ' List and describe the number of vehicles and/ or equipment which will be involved in the event necessary. Will there be animals involved? If yes, please explain. PQ Yes ❑ No Section 3 Will the Event include any of the following: � Yes � No If Yes, be advised that even[ features may require an inspection Event Special Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies Yes "W No applicable and include a Note: IJ'more than 1 tent or canopy is being user!, a site plan must be provided If Yes, please provide the following information: Site plan. Number of Tents/Canopies Event features may require inspection and/or special pen -nits from building, engineering, fire, and/or health departments Size(s) Company Name Contact Phone Number Open Flames or Cooking Yes N No If Yes, please provide the following information: Company Name: Fireworks ❑ Yes No if Yes, please provide the following information: Company Name: Phone Number Phone Number Temporary Fencing/Structures 0 Yes No if Yes, please provide the following information: Company Name: Phone Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event must be adequately served by utilities and sanitary facilities Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event. Signaze shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. Town of Fountain Hills 11 Company Contact Phone Port-a-Johns/Waste Control Yes ❑ No if Yes, please provide the following information: The site tithe eei,eent must be a yuaiely seelrs,edd bly- utilities and sanniittaaarrypcpiilli/hier. Company Name Address Contact Phone Number Electrical Services]Generators ❑ Yes PillNo If Yes, please provide the following information: Company Name Phone Number Carnival/Amusement Rides ❑ Yes N ta No If Yes, please provide the following information: Company Name: Lighting/Spotlights ❑ Yes 1W No If Yes, contact the Community Development Department as a special permit is required Provide thefallowing information: Company Signs/Banners ❑ Yes No If Yes, contact the Community Development Department as a special permit is required Provide the following information Company Inflatables ❑ Yes a No If Yes, contact the Commu4jy Development Department as a special permit is required. Provide the fhllowving information. Phone Phone Number Phone Number Special Event Application Page 4 of 10 Other — Description o any other activities at the event. Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas, which are applicable, City Streets Yes Ei No If Yes, provide the following and include on a site Stree! Fr nvT Street ` Date(s) : Times plan showing all�r tFB requests. �, ?� A,C, ,�.lv�isfl e3- h� l� .dlox��`DrF Si eiva t Yes No If Yes, provide the oll ing1 / / OX/rW/ 1� �„ , Sidewalk From/To Sidewalk�S C /J/ ,pate Time(sl IFT City Alleys Yes No If Yes, provide the following: Alley FronvTo Alley Date(s) Time(s) Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. Puhlic Parking Lots o Yes ❑ o If Yes, provide the following: (If parking is to be on private property, written permission of the property owner must be included with the application.) Parking Lot Town right—of—ways Yes No If Yes, provide the location. Date(s) Time(s) Section 5 Use of Town Facilities Will any Town Facilities be used' ❑ Yes A No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone Will any Town Electric or Water hookups be used? Yes X No If Yes, provide the location If additional locations Electric Location Service Needed (m amps) are requested, please Electric Location Service Needed (m amps attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed Town of Fountain Hills Responsible Person at the Fvi7t Responsible Person's Home Address Home Prone Responsible Person's Business Address Business Phone Pager applicable) Ce P one if applicable) Message t app is e) Special Event Application Page 5 of 10 Section 6 Event Security Will the event be using private security? Yes *1 A No If Yes, please provide the following: (Must be completed) Security Company: Phone Contact Person Phone (if different than above) Number opersonne contracted or: Sch Auled tours personnel wt a at the event: _ i If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person Phone Number opersotme contracted or: Scheduled ours personnel will a at the event: To schedule Deputy Marshals, please call 480-837-8800. Officers must be scheduled a minimum ofthree weeks prior to tile event. 'After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes P, No If Yes, please provide the following Services (Please complete items, which are applicable.) Rural Metro ContactPerson Phone Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, pernittee must provide above infomhation as an amendment to the application before an event pennit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? ❑ Yes No If Yes please provide the following: (Please complete items, which are applicable.) Type(s)ofalcohol: Will the alcohol sold? ❑ Yes ❑ No Will the alcohol be given away? ❑ Yes ❑ No Will event attendees be permitted to bring their own alcohol? ❑ Yes ❑ No Is alcohol included in the admission price to t he event. p Yes ❑ No This applies to charitable, religious, fraternal or political groups only. If you answered es to any of the above, a liquor license is required. Which type of license will be used for the event. Town of Fountain Hills Special Event Application Page 6 of 10 Extension of Prent se (attach copy of State of Arizona Application) Special vent Liquor License (attach copy of State o Arizona Application) 1 app ymg for a Special Event Liquor License, the following must be provided: Cantys or rganization s Name c Number A letter from the charity or organization agreeing to participate as the agent for the special event liquor license is required and must accompany the original event application. Name of Contact at Charity or Organization Phone On -Site Agent Responsible for Liquor Is the event within 300' o a church or school property me. ❑ Yes ❑ No W rat controls will be used to keep attendees un er Me age of 21 from obtaining alcohol at the event? A site p an showing locations ofalcohol service areas, type and height offencing, and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more than 5 % o the gross revenues derived from the event be derived From alcohol sales? ❑ Yes ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area —5—isassembly Area ,, AL,t Number of Units • r / '& Description ofthe units (motorized, animals, floats, and sound amplification?) AWP Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Yr ,%W 13 om lam orso, - ---------- - 714� V Jc_ ",VA OUvnovs L q Moirs to/ a I g -� ,;t chairs wl-m -X=, PO4.,--IDA 5 7-o+pt- Section 10 Insurance A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE Requirements in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. Section 11 Fees A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits *11w and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. Note: Town of Fountain Hills • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. --------------------------------------------------------- --------------------------.------------- A cleaning/damage deposit nray be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned Special Event Application Page 8 of 10 R Special Event Application Fee $500 ®G Or FEE SUBMITTED WITH APPLICATION $ /D D Charitable/Non- profit Application Fee $100 For use by Staff Make checks payable to the Toivn of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE PARKS & RECREATION FEE: OTHER FEES: Town of Fountain Hills DEPOSIT TOTAL $ Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event applied for. 0 1 .3/A A r` Application Fee Received: Check# Z71, 31 Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected: Check# Staff Signature Section 14 Administratively ❑ , 20_ APPROVED or Administratively ❑ , 20_ DENIED J-4/� Date Received• • 7— d 3-6 � Date Received: Staff Signature Date COUNCIL proved at the % , - / -own Council Meeting. COUNCIL ❑ Denied at the , 20_ Town Council Meeting. Comments:—•_._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ Town of Fountain Hills Special Event Application Page 10 of 10 Form 990 Return of Organization Exempt from Income Tax OMB No.1545-0047 Under section 501(c), 527, or 4947(ax1) of the Internal Revenue Code 2002 )epartment of the Treasury (except black lung benefit trust or private foundation) Open to Public ❑ternal Revenue service ► The organization may have to use a copy of this return to satisfy state reporting requirements_ Inspection k ror the ZOOZ calendar year, 3 Check if applicable: or tax year beginning 7 / 01 2002, and en 'dress change Please use IRS label Fountain Hills Chamber of Commerce ne change orprird or type. P.O. Box 17598 se. Fountain Hills, AZ 85269 Imbal return specific Final return instivc- tions. Amended return 6/30 ,2003 D Employer Identification Number 86-0336429 t Telephone number 480-837-1654 F Accounting method: Cash TAccrual Application pending • Section 501(cx3) organizations and 4947(a 4 nonexempt charitable trusts Other (specify) I H and are not applicable to section 527 organizations. - must attach a completed Schedule A (Form 9% or 990-E2). H (a) Is this a group return for affiliates? ... Yes X No Web site: 01- N/A H (b) If 'Yes,' enter number of affiliates " H (C) Are all affiliates included? ......... 'No.' 11 Yes No Organization ty (check only ones 1A61501(c) 6 4 (insert no.) 4947(a)(1) or 527 (If attach a list. See instructions.) H (d) Is this a separate return hied by Check here "' if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the organization ran organization covered by a group ruling? uling? n Yes Ili l No received a Form 990 Package In the mail, it should file a return without financial data. Some states require a complete return. M Gross receipts: Add lines 6b, 8b, 9b, and IOb to line 12... ► 770,978. LL art I I Revenue, Ex enses and Changes in Net Assets or Fund Balanii Check if the organization is not required to attach Schedule B (Form 990, 990-EZ, or 9%-PF). Town of Fountain Hills Town Council Agenda Action Form �%w Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check 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 ❑ Finance Regular Agenda Wording: Consideration of the special event request submitted by the Chamber of Commerce for Stroll in the Glow scheduled to be held from 3:00 p.m. to 8:30 p.m. on Saturday, December 4, 2004. Staff Recommendation: Approve Fiscal Impact: No $ 4%W Purpose of Item and Background Information: To approve the special event request. This is an annual "holiday" event that automatically appears on the event calendar per Article 8-3. Application process and Council approval required. Applicant reimburses Town for any incurred expense. Application received 7/23/04, complying with major event provision for 90 day submittal. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: D Xpartmnt Head . �T Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 5, 2004 FR: Tom W , Director of Public Works RE: Chamber Special Event Request Stroll in the Glow d The Chamber--- Commerce has submitted their request for the annual Stroll in the Glow. This year's event will be held on Saturday, December 4, 2004 from 3:00 p.m. to 8:30 p.m. The event will occupy the Avenue of the Fountains from Saguaro to La Montana, requiring closure of those intersections at 2:30 p.m. to insure that all vehicles are vacated from the event area prior to the onset of pedestrian traffic. This year's event will feature 15 tethered hot air balloons, a cake for the Town's 151h birthday, holiday lights in the medians and, of course, Santa Claus. If sponsorship can be obtained, the Chamber has the following wish list: 1. Lights in all the trees in the medians and in Fountain Park 2. Snow brought in for the kids to play in (located in Fountain Park) 3. Portable ice skating rink set up on Saguaro Blvd at Avenue of the Fountains 4. Strolling carolers on the Avenue 5. Small food carts along the Avenue 6. Carriage rides around the park to view the lights. Note: All costs related to the above 6 items are the responsibility of the applicant. The Special Events Committee has reviewed the request and recommends approval. \\earth\BBrannon\Special Events\Stroll in the Glow 2004.doc Special Event Permit Application Date of Application: /n Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator P.O. Box 17958, 16836 E. Palisades Fountain Hills, AZ 85268 Phone: 480-837-2003 Fax:480-837-3145 Permit Application #: SEP Coo I/' 5- Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Maior Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fiend -Raising events are limited to four (4) events per year per organization. There must be a minimum of npenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) Section 2 5%%�Qi�,L /V 6J Application � ��e/or nvem r j'� �) Information IC �/' /�/(�7/US {/�t� C �� ��� 1*44 (Must be completed) Location ot Event/Street Any changes shall be event is on private property provide: Owner's name Phone submitted to the Clerk's office prior to the end of the 1st day Physical Starting Point o event of the event. CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: Applicant will be working with the Town in part for this event. 2004 is the 15th birthday of the Town of Fountain Hills. Applicant would like to see in addition to the 15 tethered "hot air" balloons, birthday cake, short program, holiday lights in the medians of Avenue of Fountains and Santa Claus the following: j, Lights in ALL the trees in the median's and in Fountain Park a, Snow brought in for the kids to play in — located in Fountain Park 3 . Portable ice skating rink set up on Saguaro Blvd at Avenue of the Fountains S/ Strolling Carolers on the Avenue Small food carts along the Avenue 6. Carriage rides around the park to view the lights ........ . . Physical ermination Point o event If the event is to take place on City Property, complete Secfion 6. YLt' Sponsors address ponsor s Phone If the event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet ifCharity's Name 501(c)3 Number necessary. Charity's Address Charity's Phone # (ifdifferent from above) Has this event ever been held at another location? 13 Yes Vo If Yes, please provide the following: Dates Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes o If Yes, please explain: Will there be an admission charge: 0_Yes No If Yes, how much? Will there be an amplified entertainment? _11 Yes A,14. If Yes, what type? Attach an additional sheet if Will there be live entertainment? Yes No necessary. If Yes, complete die following: yMeel% C� ,� .���s 4-11 Attach an additional sheet J' Will there be any novelty items sold? ❑ Yes ( "o necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID N Attach an additional sheet tj Will there be any contracted concessionaires/caterers? ? a Yes No necessary. If Yes, please provide the following information: (Attach an a ditional sheet Y'necessary) Name of Concessionaire/Caterer Address Phone Items sold Tax ID N /w Town of Fountain Hills Special Event Application Page 2 of 10 The site of the event MYSt Am Locations ❑ ves r7 tro tt res, please provide the toumving imormanon: must be adequately Company Name: (f served by utilities and sanitary facilities Address Contact Phone Number t-aonnstwaste eontrot [:] res tvo a res, please provide the tmmN The site of the event must he adequate! served by utilities and sanitaryfacilities. Company Phone Number ��/4 Z" P J Phone Number Carnival/Amusement Rides Yes No If Yes, please provide the following information: Company Name: Phone Number Lighting/Spotlights Yes ❑ No /i) „ ff Ycv, contact the Community Development Department as a special permit is required Provide the following information: Company Contact Provide a site plan clearly Signs/Banners ❑ Yes No depicting the location of all signage, directional and/or If Yes, contact the Community Development Department as a.spectal permit iv required promotional that will be used in conjunction with Provide rite following information the event. Company Name: Signa¢e shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. inuatames res r rK 110 lfYes, contact the Communi Develapment Department as a special permit a required. Provide the fbllmring information. Town of Fountain Hills Phone Number Phone Special Event Application Page 4 of 10 M How close are the nearest residences to the event? Attach an additional sheet iJ' Will there be artists. ❑ es o necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax In N What type of advertising/promotion will be done prior to the event? ❑ Yes ❑ No Radio Ei Yes o No If Yeslist stations: Yes ❑ o IfYes, list stations: Press Releases X Yes ❑ No It Yes, how many: qiz UO —G . Flyers/Posters ❑ Yes Ei No If Yes where distributed and attach any planned promotional materials. A --,A <.4-v r-, Attach on additional .sheet if List and scribe the number of vehicles and/ or equipment which will bee involved in the event necessary. 224 9 � 0� r�E � 4 >lr � 04"iiC� 04 -�— & i Section 3 Event Special Features (Please complete those applicable and include a site plan. Will there be animals involved? if yes, please explain. ❑ Yes ❑ No Will the Event include any of the following: Yes No If Yes, be advised that event features may require an inspection and/or special permit from �the /building, engineering, fire, and/or health departments. Tents or Canopies Yes tyj No Note: 1Jbiore than I tent canopy is being used, a site plan must be provided. If Yes, please provide the following information: Number of Tents/Canopies Company or a.00uing ❑ Event features may Company require inspection Address and/or special permits from building, Contact_ engineering, fire, and/or health departments Town of Fountain Hills 'ortcs 0 Companyl' Company AM Phone Number Phone Number Phone Number Phone Number Special Event Application Page 3 of 10 °Vmw Section 4 Streets/Traffic Complete those areas, which are applicable, and include on a site plan showing all requests. Other— Description o any other activities at the event. Will the event regJuire closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): City Streets ki{/ Yes Ei No If Yes, provide the following _tad r"rl Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. Sidewalk FronvTo Sidewalk Date(s) Time(sl C by Al eys ❑ Yes No If Yes, provide the following: Alley FronvTo Alley Date(s) Time(s) Public Parking Lots ❑ es No If Yes, provide thefollowing: (If parking is to be on private prope , written permission of the property owner must be included with the application.) Parking Lot Date(s) Time(s) Town rig t-oJ-ways [I Yes No 1f Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used? Yes No Complete those areas, (JCJ t which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Fact ity Person Contacted Phone Will any Town Electric or Water hookups be used? pp Yes No If Yes, provide the location ��--��11 If additional locations ! iecmc Location —. ....... t,,, -F.' are requested, please Electric Location Service Needed (m amps attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed Responsible Person at the Event Responsible Persons Rome Address Home Phone Responsible Persons Business Address Business Phone Pager t app ica e) Cell Phone r app ica a Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 Section 6 Event Security will the event be using private security? Yes No If Yes, please provide the following: (Must be completed) Security Company: Address: Phone Contact Person Phone (if different than above) Number of personnel contracted or: Scheduled ours personnel will a at the event: Will e event be requesting the services of the Fountain Hills Marshals Department? ❑ Yes ❑ No If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person Phone Number of personnel contracted or: Scheduled hours personnel will be at the event: To schedule Deputy Marshals, please call 4 0- 7-8 0 . Officers must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes No If Yes, please provide the following: Services (Please complete items, which are applicable.) Rural Metro Contact Person Phone Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, pennittee must provide above information as an amendment to the application before an event pennit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at die event? ❑ Yes No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s)ofalconol: Will the alco to be so d. ❑ Yes No Will the alcohol be given away? ❑ Yes x No Will event attendees be permitted to bring their own a co o . ❑ Yes All No Is alcohol included in the admission price to die event? ❑ Yes V4 A No This applies to charitable, religious, fraternal or political groups only. I you answered Yes to any of the above, a liquor license is required. Which type officense will be used for the event. Town of Fountain Hills Special Event Application Page 6 of 10 Extension of Premise (attach copy of State of Arizona Application) Special Event Liquor License (attach copy of State of At zona Application) I applying for a Special vent Liquor License, the following must be provided: Charity's or Organizations Nanie 501(c)3 Number A letter from the charity or organization agreeing to participate as the agent for the special event liquor license is required and must accompany the original event application. Nance of Contact at Charity or Oiganization Phone On -Site Agent Responsible for Liquor Is the event within 300' of a church or school property line? ❑ Yes ❑ No What controls will be used to keep attendees under the age o 21 from obtaining alcohol at the event? A site plan showing locations o alcohol service areas, type and height offencing, and security check areas must be provided and con'espond to the description of the controls above. Describe how attendees over the age of 2l will be identified. Will more than 50 % o the gross revenues derived firom the event be derived from alcohol sales? ❑ Yes ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Time Disisserribly Area Time Number of Units Description ofthe units (motorized, animals, floats, and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE Requirements in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. if liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. Section 11 Fees A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.13 shall pay an application fee of one hundred dollar ($100). rr Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. Note: Town of Fountain Hills • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. ------------------------------ -------------------------------------------------------------------------- A cleaning/damage deposit m--ay--be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned Special Event Application Page 8 of 10 Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 eb FEE SUBMITTED WITH APPLICATION $ /o 6 For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE PARKS & RECREATION FEE: OTHER FEES: DEPOSIT TOTAL Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event Application Fee Received: "d C 4 � Check# 17 �o 3 3 Charitable Application Fee Waived: _ Statute: Estimate of Event Costs Collected: Check# Staff Signature Section 14 Administratively ❑ 920 APPROVED or Administratively ❑ , 20_ DENIED �x/Z I Date Received: 7 - •73- o Y Date Received: Staff Signature Date COUNCIL /Approved at the , 20�Town Council Meeting. COUNCIL ❑ Denied at the , 20_ Town Council Meeting. Town of Fountain Hills Special Event Application Page 10 of 10 Form 990 Return of Organization Exempt from Income Tax Under section 501(c), 527, or 4947(aXl) of the Internal Revenue Code 1eDartment of the Treasury (except black lung benefit trust or private foundation) eternal Revenue Service The organization may have to use a copy of this return to satisfy state reporting requirements k For the 2002 calendar year, or tax i Check d applicable: ning 7/01 2002, and ending 6/30 ',-'dress change Please us IRsla"use Fountain Hills Chamber of Commerce me change °rpr;"t or type. P.O. Box 17598 Initial return se. SpfCIfiC Fountain Hills, AZ 85269 Final return msbua lions. Amended return Application pending a Section 501(cX3) organizations and 4947 a no Web site: 0- N/A OMB No. 1545-0047 2002 Open to Public Inspection 2003 U Employer Identification Number 86-0336429 t Telephone number 480-837-1654 F Accounting 11 method: Cash X Accrual other (specify) la' H and 1 are not applicable to section 527 organ¢abons. H (a) Is this a group return for affiliates? ... ❑ Yes X No H (b) If 'Yes.' enter number of affiliates W Organization typ1-e- Ile. )( H (C) Are all affiliates included? ......... ❑ Yes ❑ No (check onlyone)......... 501(c) 6 - (insert no.)11 4947(a)(1) or 527 (it 'No.' attach a list. See instructions.) Check here D, Lj if the organization's gross receipts are normally not more than H (d) Is this a separate return filed by an $25,000. The organization need not file a return with the IRS; but if the organization organization covered by a group ruling? n res n No received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Gross receipts: Add lines 6b, 8b, 9b, and 10b to line 12... ► 770,978. M art I I Revenue, Expenses, and Chanqes in Net Assets or Fund Rahn.-r nexempt charitable trusts must attach a complete caedule A (Form 990 or 990-F2). Enter 4-di it GEN........... ► _ Check ► Lj if the organization is not required to attach Schedule B (Form 990, 990-EZ, or 9%-PF). Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ® Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check ADprouriate 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 special event request submitted by the Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, November 12, 13 and 14, 2004 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The event will require the closure of Parkview from Verde River to Saguaro for carnival setup (11/10 to 11/15); Saguaro from Palisades to El Lago, Avenue of the Fountains from Saguaro to La Montana, Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the special event request. The request is grandfathered event (has occurred for more than ten consecutive years in the community) and per Article 8-3 automatically appears on the event calendar. Application process and Council approval required. List All` Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures. of Submitting Staff: SO Department Head Tow anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 5, 2004 FR: Tom Ward 're for of Public Works RE: Fountain Festival Special Event Request The Chamber of Commerce has submitted their request for the Annual Fountain Festival. This year's festival will be held Friday through Sunday, November 12th, 13th and 14th from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The following street closures will be necessary: Parkview from Verde River to Saguaro for carnival set up (11/10 to 11115); Saguaro from Palisades to El Lago; Avenue of the Fountains from Saguaro to La Montana; Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. The streets will be closed at 5:00 a.m. on Thursday, November 11, and re- opened at 6:00 a.m. on Monday, November 15. The Sheriff's Office will be working closely with the Chamber, Rural Metro, and local merchants to insure that all aspects of traffic control, security, and public safety are addressed. The Chamber has obtained permission from various organizations to use their property for event parking and a signage plan is on file. A certificate of insurance will be on file prior to the event. The Chamber has submitted an application for a special event liquor license for a VIP corporate tent for sponsors of the Art Show. Admittance to the tent will be by invitation only and alcoholic beverages will be free to invited guests. One security person will be at the entrance to the VIP tent area. This application was received on July 23rd and complies with the major event provision for 90- day submittal. The Special Events Committee recommends approval. \\earth\BBrannon\Specia1 Events\Fountain Festival 2004.doc Special Event Permit Application Date of Application: Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator P.O. Box 17958, 16836 E. Palisades Fountain Hills, AZ 85268 Phone:480-837-2003 Fax:480-837-3145 Permit Application #: Z5 a aQOQ'A' 3 Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of til enty- five (25) days between the last day of one major event and the first day of another major event. Tivo or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) ?3o dy Section 2 G'v' ;j 1A) ioC-�-�%/ tli9 '�f. Application N v ,t ir� kl"e > 9D Information 1f �C (Must be completed) Location o Eves tree[ Address Any changes shall be ,Ifevent is on private property provide: Owner's name Phone submitted to the Clerk's office prior to the end of the 1st day P tysica tartmg Point of event of the event. CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: on If the event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet if' Charity's Name 501(c)3 Number necessary. Chanty s Address Charity's Phone # (ifdifferent from above) Has this event ever been held at another location? Yes X No If Yes, please provide the following: Dates Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes .61 No If Yes, please explain: Will there be an admission charge: Yes No If Yes, how much? n Will there be an amplified entertainment? _ es No FV27�6 If Yes wl e 3��--4zv Attach an additional sheekv- Will there be live entertainment? 0 Yes � No necessary. If Yes, complete the following: Attach an additional sheet if' Will there be any novelty items sold? ❑ Yes No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID N Attach an additional sheet if' Will there be any contracted concessionaire caterers? ? Yes Ei No necessary. If Yes, please provide the following information: (Attach an a itional sheet ijnecessary) Name of Concessionaire/Caterer Address Phone Items sold Tax ID N Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences to the event? Attach an additional sheet if Will there be artists. fvn Yes o No necessary. If Yes, please provide the ollowing information: Name of Artist Address Phone Items sold Tax ID h i What type of advertising/promotion will be done prior to the event? es ❑ No l...t u Flyers/Posters Yes No If Yes, where distributed and attach an tanned rotnotional materials. Anticipfited Daily Amend ee: Anticipated Peak Attendance: Attach an additional .sheet J List and describe the num" a2-chi . -d/ or equipment which will be involved in the event necessary. - �¢ 0775%7C Will there be animals involved? If yes, please explain. ❑ Yes JC]! No Section 3 Event Special Will the Event include any of the following: Yes ❑ No If Yes, be advised that event features may require an inspection Features and/or special permit front the buildin engineering, fire, and/or health departments. (Please complete those Tents or Canopies Yes ❑ No applicable and include a Note: If more th n /tent or canopy is being •ed, .site plan nmrt be provided If Yes, please provide the following information: site plan. Number of Tents/Canopies %�4 ,t/ / `% /- , �j� Size(s) I / t L.. �C�it �IL7 /7"' e k, / ! [ Company No. �j �}1 Address / ✓ t/�� %j���f _/ t Contact)q/�(s �l�fi / Phone Number `/� Open Flames or Cooking Yes No If Yes, please provide the following information: Event features may Company Name: require inspection Address and/or special permits from building, Contact Phone Number engineering, fire, and/or health departments Fireworks o Yes V No If Yes, please provide the following information: Company Name: Address Contact / Phone Number Temporary Fencing/Structures Yes No If Yes, please provide the following information: Company Name: Address Contact Phone Number_ Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event must be adequately served by utilities and sanitary facilities J Company Contact Phone Number Port-a-Johns/Waste Control Yes No If Yes, please provide the following information. - The site r the event mulct badeyuatel�y served by utilities and dssaniftinyfacilidtie�ss..'Company G Name W+" 4 Address gtOVO C5 / / X Contact — J �� Phone Number lam/ O.-e ��� Liectricai Set'vicesit enerators ® xes so if7bi'elalj�k seprovme me ronowmg rmormanon: CompanyNam ��/�" e Address J t/ Zee Contact ✓� Phone Number / arnival/Amusement Rides Yes o If Yes, please provi� following information: Company Name: Address Contact�D6[/ Phone Number G �/ ���✓ ��� Lighting/Spotlights ❑ Yes IQ No If Yes, contact the Community Development Department as a special permit is provide thefollowing information.* Company Provide a site plan clearly Signs/Banners ❑ Yes No depicting the location of all ip signage, directional and/or If Yes, contact the Community Development Department as a succial permit is required promotional that will be used in conjunction with Provide the following information the event. Company Sianat=e shall not be posted earlier than two weeks Address prior to the first day of the event and must be removed Contact_ within 48 hours following the event conclusion. innatauies [71xes 0 no Yes, contact the Commmni /hvclopment Department as a special permit is required. provide the Jollowing ii!formation. Phone Number Phone Town of Fountain Hills Special Event Application Page 4 of 10 v,` Other— Description of any other activities at the event. Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas, which are applicable, City J/reets Yes No If Yes, provide the following and include on a site Street 111444��� Fronirro Street Dates Time(s): plan showing all requests. rn 'n Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. 01ae &, ❑ .es rj n. n r es, provme me ruuowmg: Sidewalk Fromrro Sidewalk Date(s) Time(sj CityA eys Yes 19 No If Yes, provide the following: Alley From/To Alley Date(s) Time(s) '54� aViW T Public Parking Lots es ❑ o es, provi a the following. (If parking is to be on private property, written permission of die property owner must be included with the application.) Parking Lot Date(s) Time(s) Tmvn rig l-of-uw)yv Yes No If Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used?[:] Yes V No Complete those areas, '�� which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone If additional locations are requested, please attach a site plan showing additional locations and services needed. Town of Fountain Hills .w Responsible Person at the Event Responsible Person's Home Address Home Prone Responsible Person's Business Address Business Phone Pager t app ica e) Cell Phone#applicable) essage # (if applicable) Special Event Application Page 5 of 10 Xxxxx m F/ M. It L t-ft"� s .we Ur,W 1 I _------ - _-_-- - •, ' �r •---- Ll-•- C3 . ; 1 _1 m s-1 n'14 --_—:___— as_:= :___�• ._:—__c.—na�� agar__-t :a ------ IL __..__s:_ F/ MG ri Tr _ ` - _-"_ - --� --- --------- r1 1 — 1— — — —`---- ----- ;, MAW CI TM 1 !� -------- 11\1'MIlI1\ \ 1 co`o v m 0 G� FFI Middle 2 School & Q HI9h School ��J N 4'WgYSTOP TRAFFIC LIC4, 44VAY SUNFLOWER DR EL LAGO BLVD. If THISTLE DRIVE W&t VD. AVEIVU EL LAGO ,E FOUNTAINS �_ BLVD. X Church _ =3 WAY STOP FOUNTAIN w A AVE. HILLS Y Slop EE Blvo_ K1N_�' Golf Course DIAN W ELLS OR. /i. fit F_ m 29 S,yFq B� VD FF�G OG Country Club -�?Y FireRock Mountain Eagle rSe Golf Cou TRAFFIC LOATS Fov�JT�4 �6� F6Srj V6�f FA-r FA�e-41, �� 7 , ov� 2�(j imp6y-avy s) (,�)s , 0 wecte Z Q aavA3-Inoe oavn9vs I x� x- Z 1�� D a 4 to V 1 �• ° N !� w N a W (^ i► _ f. aniaa a3nia aoaan V J Ic W _ N z to a ZMM M UJ m Z a0 VNd1NOW VI X x a m a m aniaa A81SE M LUWN G ( H C 'aQ to cn = F- ]L F- M cP X W V X °LL a LL ° m o Z Zo Q LZ `1 m� 3aNl N 7 Q U. 3 mL w a a �. m �� UAIB STUN NIv1Nno� N Section 6 Event Security Will the event be using private security? Yes x No (Must be completed) Security Company: If Yes, please provide the following: Phone Contact Person Phone (if different than above) Number of personnel contracted or. Scheduled yours personnel will a at the event: - �l If Yes, please provide the following: _ "'e,01.K . - m" Contact To sc ie u e Deputy Marshals, please call 480-37-8 00. Officers must be scheduled a minimum o three weeks prior to t re event. *After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide above information as an amendment to the application before an event pennit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics?Yes ❑ No If Yes, please provide the following: Services (Please complete items, � which are applicable.) Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks pnor to the event. 'After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? ■ Yes p No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s)ofalcoltol: !� Will the alcohol be so . Yes ❑ No / Will We alcohol be given away?)( Yes Will event attendees be permitted to ring Heir own` coo . ❑ es If No Is alcohol included in the admission price to the event? ❑ Yes A No / This applies to charitable, religious, fi'atental or political grou s only. Town of Fountain Hills Special Event Application Page 6 of 10 Extension of Pretense (attach copy of State of Arizona Application) Special Event Liquor License (attach copy oTState o Arizona Application app ying for a Special Event Liquor License, flue following must be provt e : Charity's or rganization s Naine S l c Number A letter from the charity or organization agreeing to participate as the agent for the special event liquor license is required and must accompany the original event application. Naive of Contact at tansy or Organization Phone n-Site Agent Responsible for Liquor Is the event within 300' o a church or sc tool propertyline? ❑ Yes ❑ No What controls will be used to keep attendees under the age o 21 from obtaining alcohol at the event? A site plan showing locations ofalcohol service areas, type and height offcncing, and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 2l will be identified. Will more than 5 % of the gross revenues derived from the event be derived from alcohol sales? ❑ Yes ❑ No Section 9 Parade Information (Please complete items, Time which are applicable.) Assembly Area Disassembly Area ime Number of Units Description ofthe units (motorized, animals, floats, and sound amplification?) Attach a propose route an in icate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 "`r. Insurance A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE Requirements in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. Section 11 Fees A non-refundable application fee of rive hundred dollars {$500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Cleric's office an amount of money equal to the estimate of all non -permit fees. Note: Town of Fountain Hills Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undanmaged The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned Special Event Application Page 8 of 10 Special Event Application Fee $500 O' D Or FEE SUBMITTED WITH APPLICATION $ �� Q Charitable/Non- profit Application Fee $100 For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: $ LAW ENFORCEMENT FEE: $ TRAFFIC ENGINEERING FEE: $ FIELD SERVICE FEE: $ CLEANING/DAMAGE DEPOSIT: $ FIRE SERVICE FEE: $ BUILDING SAFETY FEE: $ ENGINEERING FEE $ PARKS & RECREATION FEE: $ OTHER FEES: DEPOSIT TOTAL $ Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification I hereby certify that the statements made in this application are true and complete to the best of my (Must be completed) knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event ap1,�� —gignatuo ot Auffiorizedgent ot Applicant / nn ame ere Section 13 Fees Receipt FOR USE BY STAFF ONLY Application Fee Received: '$ 10 0 Check# 7 & �)/ Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected:_ Check# Date Received- 7 — o23 —6k Date Received: Staff Signature Section 14 Administratively ❑ , 20_ APPROVED or Administratively ❑ 920 DENIED Staff Signature Date COUNCIL ----------------------------------------------------------------------------------------------------- 20 Town Council Meeting. Approved at th , COUNCIL ❑ Denied at the , 20_ Town Council Meeting. Town of Fountain Hills Special Event Application Page 10 of 10 RENTAL AGREEMENT BETWEEN N. PLAT 208 COMMON AREA PARKING LOTS AND FOUNTAIN HILLS CHAMBER OF COMMERCE WHEREAS, the Fountain Hills Chamber of Commerce wishes to enter into an agreement with the Plat 208 Property Owners Association relative to renting their parking lots in the north area of Plat 208 on :he north side of Avenue of the Fountains, and WHEREAS, the Plat 208 Property Owners Association wishes to enter into an Agreement with the Fountain Hills Chamber of Commerce NOW THEREFORE IT IS AGREED AS FOLLOWS: l . The length of the Agreement will be two years (2) in duration, commencing with the Great Fair Art show in February of 2004 and ending with the Fountain Festival in November of 2005 (4 events) after which time it will be open for re -negotiation. 2. This Agreement is non -transferable and applies only to the Plat 208 Property Owners Association common area parking lots. If there is a sale or other disposition of the common area parking lots, this Agreement becomes null and void and any other Agreement will be negotiated between the Fountain Hills Chamber of Commerce and new owners. 3. This Agreement is predicated on the Fountain Hills Chamber of Commerce's ability to continue to sponsor and produce these events and the Plat 208 Property Owners Association's ability to rent these lots. it is understood by all parties that in addition to rental costs, the Chamber expects to assume - additional costs for such items as barricades, security and labor, to insure adequate parking for tenants and customers of Plat 208, and will continue to do so. Based on the foregoing: A. The Fountain Hills Chamber of Commerce will pay to the Plat 208 Property Owners Association a sum of $4,120.00 per event beginning with the Great Fair'_004 and ending with the Fountain Festival 2005. The Fountain Hills Chamber of Commerce will continue to be responsible for any damage to the common area parking lots, including damage to curbs caused by fairgoers during both the Fountain Festival and Great Fair events. The Chamber will continue to use dirt ramps to minimize damage to curbs. Prior to each event a representative from the Chamber together with a representative of the Plat 208 Property Owners will inspect the common parking areas to note existing damages. After the conclusion of the event, the same representatives will inspect the common parking areas to note any new damage caused by fairgoers. Dirt ramps will be removed and correction of damages will commence within 10 days after the date of the inspection. The Fountain Hills Chamber of Commerce also agrees to coordinate the use of the common parking area lots by submitting the schematic plan to the Plat 208 Board of Directors at the satr:-, time that the plan is submitted to the Town of fountain Hils. The Plat 208 Property Owners Association will allow the Fountain Hills Chamber of Commerce to utilize the rented tots without restriction as to parking during the time of this agreement (except as noted in Item 4 above). Plat 208 property and/or Plat 208 business owners may display and sell their services or products on their private property or on Plat 208 Common Area property (excluding Common Area parking lots). Use of the common Area property by Plat 208 property owners and%or Plat 108 businesses requires the permission of the Plat 208 Property Owners Association Board of Directors, and must be in compliance with the Association's Rules and regulations. 1 i . Phis Air ement t� ili be binding on current and future Fountain I Iill� C.'hamber of Cumittcrce 1�^ards�of Directors and futu:•e Boards of Plat 208 Property Owners Association, for the terms of the .Agreement. This Agreement can be terminated by either party 90 days from the date of a written notice stating the intent of terminating the Agreement. 11. This represents the total Agreement and nothing verbal or implied other than within this paper is recognized. Any changes by either party will be in writing and added as an addendum. N. Plat 208 Property Owners Association 3875 N. 44"'. Street Suite 102 Phoenix, AZ 95918 Signed this Fountain Hills Chamber of Commerce P. O. Box 17598 Fountain Hills, AZ 85269 day of . 2003 For the Fountain Hills Chamber of Commerce Board of Directors 1 S ith, President Sigrtedj'Y /y day of 2003 In witness thereof: Signed Rc Signed Signed For the ]v. lat 208 c Signe . Xj In Aitness thereof: Signed - V Signed S. El l'ithorpe y Owners Association Lowell Janson, President ay of 1 lJflll 1\atalRla � / �1 Signed obet-t B ara P derso Signed -ego—VAM-1 let" Gordon Pittsenbaraer Form 990 Return of Organization Exempt from Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code °partment of the Treasury (except black lung benefit trust or private foundation) ternal Revenue Service The organization may have to use a copy of this return to satisfy state reporting requirements For the 2002 calendar year, or tax earbeginning 7/01 , 2002, and ending 6/30 Check If applicable: Please uu '�ddresschange IRslafael Fountain Hills Chamber of Commerce .me Chang P.O. Box 17598 e or ypa. OMB No. 1545-0047 2002 Open to Public Inspection 2003 J Employer Identification Number 86-0336429 Initial return s« Fountain Hills, AZ 85269 Final return '"�"`' bons 480-837-1654 Amended return F Accounting --ft-dCash Z Accrwl Application pending • Section 501(cx3) organizations and 4947(a�1) nonexempt Other (specify) H and I are not applicable to section 527 charitable trusts must attach a completed $cFledule A or garnrannns. (Form 990 or 990-E4 H (a) Is this a group return for affiliates? ... Yes M No Web site: � N/A H (b) If 'Yes.' enter number of affiliates Organization ty H (C) Are all affiliates included? ......... 11 Yes ❑ No (Check O�no? .. 0- X 501(c) 6 (insert no.)11 4947(a)(1) or 527(If'No,' attach a list. see mstructronsJCheck hif the organization's gross receipts are normally not more than H (� Is this a separate return filed by an $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Packa th organisation covered by a group ruling? n Yes IltI No ge In a mall, It should file a return without financial data. 1 Some states require a complete return. Gross receipts: Add lines 6b, 8b, 9b, and IOb to line 12... ► 770,978. M lit I Revenue, Expenses, and Changes in Net Assets or Fund RnIn ,r Enter 4•dt GENorgzatlonl. gwChe to attach Schedule B (Form 990, 990-EZ, or 990-PF). t--v uotrucuons) - ---.. _ -. Town of Fountain Hills N Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:[:] Meeting Date: 8/ 19/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ® Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce for the Annual Great Fair scheduled for February 25, 26 and 27, 2005 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The event will require the closure tvof Saguaro from Palisades to El Lago, Avenue of the Fountains from Saguaro to La Montana, Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the special event request. The request is grandfathered event (has occurred for more than ten consecutive years in the community) and per Article 8-3 automatically appears on the event calendar. Application process and Council approval required. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: /A/W) V, �' // Izf / De artment Head &- Yl -o4 Town NIanager Budget Review (if item not budgeted or exceeds budget amount) Im TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 5, 2004 FR: Tom Ward, irector of Public Works RE: Great Fair Special Event Request V The Chamber of Commerce has submitted their request for the Annual Great Fair. This year's event will be held on February 25, 26 and 27, 2005 from 10:00 a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The following street closures will be necessary: Saguaro from Palisades to El Lago; Avenue of the Fountains from Saguaro to La Montana; Verde River Drive from Avenue of the Fountains to Paul Nordin Parkway to Saguaro. The streets will be closed at 5:00 a.m. on Thursday, February 24, and re -opened at 6:00 a.m. on Monday, February 28. The Sheriff's Office will be working closely with the Chamber, Rural Metro, and local merchants to insure that all aspects of traffic control, security, and public safety are addressed. The Chamber has obtained permission from various organizations to use their property for event parking and a signage plan is on file. A certificate of insurance will be on file prior to the event. The Chamber has submitted an application for a special event liquor license for a VIP corporate tent for sponsors of the Art Show. Admittance to the tent will be by invitation only and alcoholic beverages will be free to invited guests. One security person will be at the entrance to the VIP tent area. This application was received on July 23rd and complies with the major event provision for 90- day submittal. The Special Events Committee recommends approval. \\earth\BBrannon\Special Events\Great Fair 2005.doc Peaks Fitness Holding Co. February 22,05 ATTN: Neil The above mentioned property owner gives permission to Wild West Carnival Co. to set up and operate a carnival for the following dates. February 23, 05.through March 1, 05. Wild West Carnival Co. agrees to pay Five Hundred dollars ($500.00) for the use of the property at the corner Saguaro and El Lago. For the Great Fair event. Wild West Carnival Co. also agrees to maintain and clean area to the satisfaction of property owner, prior to our departure on March 1, 2005 Any and all responsibility and liability will be the sole obligation of Wild West Carnival Co. all parties listed will be additional insured and held harmless. With total indemnity, protection from loss or damage or injury The insurance policy is attached naming each party. Peaks Fitness Holding Co. 13212 N. Saguaro Fountain Hills, Arizona 85268 Pineroad Realty 10810 E. Vialinda Scottsdale, Arizona 85259 Don Kinder Realty Fountain Hills, Arizona Town of Fountain Hills/ & Chamber of Commerce 16837 E. Palisades Fountain Hills, Arizona Thank you Wild West Carnival Co. Peaks Fitness Holding Co. J rn Pineroad Realty February 22,05 ATTN: Steve The above mentioned property owner gives permission to Wild West Carnival Co, to set up and operate a carnival for the following dates. February 23, 05_through March 1, 05. Wild West Carnival Co. agrees to pay One Thousand dollars ($1,000.00) for the use of the property at the corner Saguaro and El Lago. For the Great Fair event. Wild West Carnival Co. also agrees to maintain and clean area to the satisfaction of property owner, prior to our departure on March 1, 2005 Any and all responsibility and liability will be the sole obligation of Wild West Carnival Co. all parties listed will be additional insured and held harmless. With total indemnity, protection from loss or damage or injury The insurance policy is attached naming each party. Peaks Fitness Holding Co. 13212 N. Saguaro Fountain Hills, Arizona 85268 Pineroad Realty 10810 E. Vialinda Scottsdale, Arizona 85259 Don Kinder Realty Fountain Hills, Arizona Town of Fountain Hills/ & Chamber of Commerce 16837 E. Palisades Fountain Hills, Arizona Thank you Wild West Carnival Co. Pineroad Realty 50 ALLIED SPECIALTY IINC. - l0451 GULF BOULEVARD, TREASURE , FL. 33706 Toll Free 1-NationalB�0-���-���� ���mna� 1-800-282-6776 Florida Certificate Number: 5 VA001 CERTIFICATE OF INSURANCE This c�rtiPicate neither affirmatively nor nwgative1g amends, extends or »]ters the cover*ge afforded by the poIicg(ies) described hereon and is issued as a matter of information and confers no right upon the holder. 7h� identified 4eIom by a policy number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages fur which a specific limit of liability has been entered and is aubject to all t�rms of the policy having reference thereto. Nothing herein con�ained shall modify any provision of said policy. In the event of cancellation of the policy, the company issuing said policy mill make al} reasonable effort to send Notice of Cancellation to the certificate holder at the address shown herein, but the Compang assumes no responsibilities for any mistake or failure to give such notice. Any insurance made a part of the policg include as a persop insured with � spct to an occurrence taking pl e at a Carnivals szte, {1) the Fair or exhibition associations sponsorin� organization or committee {PY he owner mr lessee there of (3) a municipalitg granting the Named Insured r)ermission to opprate a(n) Carnivals, but only as respects )odily injury or property.damage caused by or contributed 'to by the neQliQ�nce af the Named Insured mhile acting in the course and scope of t�eir emplogment� NAME &^ ADDRESS OF INSURED: ADDITIONAL INSURED: Wiid West Amusements 2118 WEST MONONA PiRIVE TOWN QpFOUNTAIN BILS/ PFiOENIX AZ 85027 FOUNTAIN HILLS CHAMBER OF COMMERCE l68}7E.PALISADES "AME & ADDRESS OF CERTIFICATE HOLDER: FOUNTAIN HILLS, A8lZONA85268 W FEDRlDARY29,05-M&RKHl.O5 -__R_RLM&Ry_.COVERAGE EXCESS COVERAGE Compang : T. H. E. Insurance company Policy Number: M4MF3200 LIABILITY L��ITS 8odily In� r & 8 dil I & �I��D A��� Property 4"'yge Proper y�0"�v'»ge 0CC- Excess of Excess of ,-uod ProducL-s: 01ic9 period, =="---- From: 05/01/04 00/00/00 / /OO T - o� {)5/ 1 u /o� VU/W�/OU 00/00/00 * - COMBINED SINGLE LIMIT overaqe st.aan h�rrein applies only to those items scheduled on or endorsed to the poticg� This certificate is not valid unless an original signature appears helouo (Copies Not Valid) ' ALLIED SPECIALTY INSURANCE. INC. Feb-23-2005 03:21 PM Allied Specialty In 7273676900 2/2 ACOR--T DIb CERTIFICATE OF LIABILITY INSURANCE p2/23/05 PRODUCER Allied Specialty insurance, Inc 10451 Gulf Blvd. Tx easux e Island, FL 33706 800/237-3355 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOEONgOT AMEND, EXTEND OR ALTER THE COVERAGE TH ES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED Wild West Amusements 21.1.8 West Monona Drive Phoenix AZ 85027 INSURERA' T.H.E. Insurance Company INSURERD; _ INSURBRG, INSURER D: INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 71.1E POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL TH E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD'L POLICY NUMeFR .^ POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL g LIABIU Y COMMERCIAL GPNERIALI,lABj411Y CLAIMS MADE LX� OCCUR M41VIF3200 05/01/04 05/01/05 EACH OCCURRENCE 5 1. 0 0 0, 0 0 0 °fVAA�TORE"�0 s 50,000 MED EXP (Any ono emn S _ PERSONAL 6 ADV INJURY_ S 1, 000, 000 GBN6RALAGGREGATE` S 5, 000,000 PRODU - OMPIOP AGG 5 1,000,000 GEN'LAGGREGATE LIMMAPPUES PER: POLICY PRO - WIT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Es accidedp S .• ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Perpersonj S BODILY INJURY (PCf acddoBt) ... 5 HIRED AUTOS NON•OWNCD AUTOS PROPERTY DAMAGE (Wrnccldrnt) 5 GARAGEUABILITY AUTO ONLY -EA ACCIDENT 5 OTHER THAN EA ACC s ANY AUTO S AUTO ONLY: AGG EXCESSIUMPRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE 5 AGGREGATE S 5 -„ S DEDUCTIBLE 5 RP,1F;NYION 5 WORKERS COMPENSATION AND WC STATU- OTIi- BYJ.IM E.L. EACH ACCIDENT S EMPLOYERS' LIArAIL17Y '.. E•1.01SEASE-EA EMPLOYEE 5 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMUREXCLUDGM EL. DISEASE - POLICY LIMIT S Ir yea, deacribe Undef SPECIAL PROVI IONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS APPFO BY F.NPOR5EMENT I SPECIAL PROVISIONS Effective from 2/23/05 Additional Insured: TOWN OF FOUNTAIN HILLS & through 3/02/05 CHAMBER OF COMMERCE GREAT FAIR, CORNER OF SAGUARO AVE & EL LAGO AS RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY. TOWN OF FOUNTAIN HI CHAMBER OF COMMERCE 16837 E PALISADES FOUNTAIN HILLS AZ ACQRD 25 (2001108) LLS & SHOWW ANY OF THE ABOVE 13EGCRIHEP POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MALL 10 PAYS WRITTgN NOMP YO YHE CERTIPICATR HO W ER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 85268 IMPOSE NO OBLIGATION OR LMILITY OF ANY KIND UPON THE INSURER ITS A13E1ITS OR ® ACORD CORPORATION 1988 • I p Special Event Permit Application Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator P.O. Box 17958, 16836 E. Palisades Fountain Hills, AZ 85268 Phone:480-837-2003 Fax:480-837-3145 �� a°vy"le Date of Application: ,_ Permit Application #: 5EP Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Maior Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of hventy- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) vy Section 2 Application Information (Must be completed) Any changes shall be submitted to the Clerk's office prior to the end of the 1" day of the event. 1AC-C *If event is on private property provide: Owner's name Phone Phys-ica tatting Point o event CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: P I Termination Point of event tt the event rs to take plat on ry rrpperry, compte[e �ecnon If the event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet if Charity's Name 501(c)3 Number neccssary. Attach an additional sheet necessary. Charity's Address Charity's Phone i i Brent from above) Has this event ever been held at another location? Yes No If Yes, please provide the following: Dates Location(s) Has the Applicant(Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes No If Yes, please explain: Will there be an admission charge: _11—Yes No If Yes. how much? Will there be an amplified entertainment? Yes Will there be live entertainment? Yes , No If Yes, complete the following: ❑ No Attach an additional sheet if Will there be any novelty items sold? p Yes o necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # Attach an additional .sheet if Will there be any contracted concessionaires caterers? . Wel No necessary. If Yes, please provide the following information: (Attach an adtit iSO onalsheet iJbecessary) Name of Concessinaire/Caterp, Addres�� Phone--` Items sold Tax ID # f: Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences to the event? Attach an additional sheet it" Will there be artists. yf/I Yes No necessary. If Yes, please provide th following information: Name of Artist Address Phone Items sold Tax ID N Attach an additional sheet if' necessary. Section 3 Event Special Features (Please complete those applicable and include a site plan. Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments Flvers/Posters . rt Yes __t"t No If Yes, where distributed and attach any planne 2romotional materials. and/ or equipment which will be involved in the event IF Will there be animals involved? If yes, please explain. ❑ Yes o Will the Event include any of the following: V Yes Ei No If Yes, be advised that event features may require an inspection and/or special permit from the building, engineering, fire, and/or health departments. Tents or Canopies Yes ❑ No Not IJbrore i an I tent or canopy iss bb g used, a sfjte flan must be provided If Yes, please provide the following information: Number of Tents/Can�o/plea - • — Sizes) 1 � ��� T L Company Name �� J • " 4 �`-� �" " 2,0� /XE Phone Open Flames or Cooking Yes No If Yes, please provide the following information: t Company Name: Address �y % Contact /y / Phone Number_ Phone Number It es Company Name: Address Contact Phone Number_ Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event First Aid Locations Yes-�Jf Yes, please provide the following information: must be adequately Company Name: served byanitaryf utilities and �Ale sanitary facilities Address Contact / Phone Number, Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event. Siena¢e shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. .-Johns/Waste Control rY} Yes El ivo a ies, P.— pruvauc auc waww...g a..o....b......: The sit oJ'the vent most bb a]d�equalely served by utilities and sanitary acilities. Company Name Address Contact Phone Number ricat 5ervtcesn,enerators � r es � ,.0 ., . �jf��� P..,....� ...� .,.....���••A Company Name / " � J Address �� ZOO, Contact L� Phone Number Lightingtbpothghts O . If Yes, contact the Community Provide the following information: M Department av a special permit it required Phone Company Name: Address Contact Phone Number Signs/Banners Yes No If Yes, contact the Community Development Department as a special permit is required Provide the following information Company Intlatables Yes No IJ'Yes, contact the Contmmni Development Department as a special permit is required Provide the Ji.11mving i4brmation. Phone Number Town of Fountain Hills Special Event Application Page 4 of 10 Other — Description of any other activities at the event. Section 4 Streets/Traffic will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas, which are applicable, City Sfreelr jq$ Yes No If Yes, provide the following and include on a site t(J' From/To "- Date s Time(s): p plan showing all requests. / / D .SCE ATr.���� �t�- 0 �/� s� Si eira s Yes No if Yes, provide the following: Sidewalk FronvTo Sidewalk Date(s) Time(sl 0tyAHeys ❑ Yes V No If Yes, provide the following: Alley From%To Alley Date(s) Time(s) Parking on the property u is ar rig nts Yes No If Yes, provide the following: must be adequate to (if parking is to be on private property, written permission of the property owner must be included with the application.) serve any existing Parking Lot Date(s) Time(s) permanent uses as well as the special event use. ��4��%� --�- /�W B Town rig t-of-+rays /,F] Yes No If Yes, provide the location. Section 5 K Use of Town Facilities Will any Town Facilities be used? ElYes No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone If additional locations are requested, please attach a site plan showing additional locations and services needed. Will any Town Electric or water hookups be used? ti ��{ Yes No If Yes, provide the location Ip/ . A n , Responsible Person at the Event Responsible Person's Home Address Home Phone Responsible Persons Business Address Business Phone Pager (if applicable) Ce one # (if applicableT Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 rA 7,7�� - s /, �,Ile i 7�,;�� 4 YC,eoc -W, Cl 1 ••1 GGf'! i i cFr(i 9M- — --. - ---- ., i r 7t �--------- S----- ►----s Fri rF. G , : ---- :-,,, :r C r; 7; '+1 ; 1 I 1 1 1 � '�•l � i i i LJ P� t M. AGE• / 1 � t �1 , 1 1 j;; fir/ I I Ili r. in , i R M ` -\ -_-------------- i - - - -. J �t 1• , r� .r—S 1 i� -L-- { ZV im 1 ---------_----------------1- - - - - - - - - - - - - - - - - - ------------------ ''—�1 i-----------; LSD..-::_ ---. - W. - - -� —_i �,'' Mt fit � � isGErEr •' , 1 r � , 1 ' L---'-J ►J ........ -'- - - - - -'- - - -'-_ - I----------------- - - - -� F! W. 17 r(*ru, P'r% r i mCO �tddte — h ON. Saboot _ `� ��G Htgh School % N O k 4-WAYSTOP WAY STOP02 �'gClSgpc =f C u�' SUNFLOWER DR W L =Co X-k to PA EL LAGO BLVD. 2 AVENUE OFTHEFOU Q _ A1NS Church. o EL LAGO BLVD O� THISTLE DRIVE pQ4 Church _ 2 O � 4 STOP � 4 Si'O V v FOUNTAIN IfI HILLS INCA AVE... -- -- -- • • � � � . EE BLv=_ CIO�oM�N l Course w� oF. 41 QP 0 �Q. . �wAr F tyl.• ��, Qv SOP `o yE'q BL1/p, Q` O nhy Club � Fire go Cou Mountain LIGHTS EQg�e Golf rSe IN FC, s-ri V At of 6,A)s -- 0 t to Ata^'.(J N O> `0 3> Z MI INDE ,!� FOUNTAIN HILLS BLVD < m v D D m m ay 9 = C 4pC m rn A 1- N. x x LA MONTANA DR r A x O m = 3 7 � �mMMZ tX - m y --IC z m �x m PC .� m •� < 0LD VERDE RIVER DRIVE -i < _IL m D .NI m •� < 1t c 1'.t D Z 4 m m D z •x SAGUARO BOULEVARD `4 o ao MA ow m o� to m iX 14 N co r v 0 z x D r r Section 6 Event Security (Must be completed) Section 7 Emergency Medical Services (Please complete items, which are applicable.) Will the event be using private security? Yes No If Yes, please provide the following: Security Company: Contact Person Phone (if different than above) Number of personnel contracted or: Scheduled tours personnel wi be at the event: Oq C Will the event be requesting the services o the s ❑ No Scheduled hours personnel will be at the event: To schedule Deputy Marshals, please call 4 - 7-8 0.--Officers must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of deputies for the event. if deputies are required, penmittee must provide above information as an amendment to the application before an event pennit will be issued. Will the event request Rural Metro's EMTs or paramedics Yes ❑ No If Yes, please provide the following: Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, pennittee must provide above information as an amendment to die application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? Yes ElNo If Yes, please provide the following: (Please complete items, which are applicable.) Type(s)ofalcoltol: ..o I Will to alcohol a sold. Yes ❑ No Will the alcohol be given away'! lI. Yes ❑ No Tit Will event attendees be permitted to ring teir own . coo . ❑ Yes ❑ No Is alcohol included in diea mission price tot the event? ❑ Yes ❑ No This applies to charitable, religious, fraternal or political groups only. Town of Fountain Hills Special Event Application Page 6 of 10 �%. Extension of Premise(attach copy of State of Arizona Application) Special Event Liquor License (attach copy of State of Arizona Application) app ymg for a Special Event Liquor License, the following must be provided: antys or rganization s Name S I c Number A letter from the charity or organization agreeing to participate as the agent for die special event liquor license is required and must accompany the original event application. Naive ofConFact at Charity or Organization Phone On -Site Agent Responsible for Liquor Is the event within 300' o a church or schoo property me. ❑ Yes ❑ No What controls will be used to keep attendees under the age o 21 from obtaining alcohol at the event? A site plan showing locations o alcoliol service areas, type and height of fencing, and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more t an % o the gross revenues derived from the event be derived from alcohol saes. ❑ Yes ❑ No Section 9 Parade Information (Please complete items, Time which are applicable.) Assembly Area Disassembly Area Time Number of Units Description ofthe units (motorized, animals, floats, and sound amplification?) Art tch a proposed route an in icate assem y an isassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE Requirements in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. Section 11 Fees A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Note: Town of Fountain Hills Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.11 shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non _permit fees or issued a refund after the Town expenditure review. ----------------------------------------------- ----------------------------------------------- A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned Special Event Application Page 8 of 10 Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 C! FEE SUBMITTED WITH APPLICATION $/6 For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE PARKS & RECREATION FEE: OTHER FEES: DEPOSIT TOTAL Town of Fountain Hills $ Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY Section 14 Administratively APPROVED or Administratively DENIED COUNCIL COUNCIL Town of Fountain Hills I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event Application Fee Received: G Check# / % l0 3 y Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected: _ Check# Staff Signature ❑ ,20_ ❑ , 20 o /® Date Received: %— o7 3 - U Date Received: Staff Signature Date Approved at the 209� Town Council Meeting. ❑ Denied at the , 20_ Town Council Meeting. Special Event Application Page 10 of 10 RENTAL AGREEMENT BETWEEN N. PLAT 208 COMMON AREA PARKING LOTS AND FOUNTAIN HILLS CHAMBER OF COMMERCE WHEREAS, the Fountain Hills Chamber of Commerce wishes to enter into an agreement with the Plat 208 Property Owners Association relative to renting their parking lots in the north area of Plat 208 on Jhe north side of Avenue of the Fountains, and WHEREAS, the Plat 208 Property Owners Association wishes to enter into an Agreement with the Fountain Hills Chamber of Commerce NOW THEREFORE IT IS AGREED AS FOLLOWS: I . The length of the Agreement wil i be two years (2) in duration, commencing with the Great Fair Art show in February of 2004 and ending with the Fountain Festival in \ovember of 2005 (4 events) after which time it will be open for re -negotiation. 2. This Agreement is non -transferable and applies only to the Plat 208 Property Owners Association common area parking lots. If there is a sale or other disposition of the common area parking lots, this Agreement becomes null and void and any other Agreement will be negotiated between the Fountain Hills Chamber of Commerce and new owners. 3. This Agreement is predicated on the Fountain Hills Chamber of Commerce's ability to continue to sponsor and produce these events and the Plat 208 Property Owners Association's ability to rent these lots. 4. it is understood by all parties that in addition to rental costs, the Chamber expects to assume additional costs for such items as barricades, security and labor, to insure adequate parking for tenants and customers of Plat 208, and will continue to do so. 5. Based on the foregoing: A. The Fountain Hills Chamber of Commerce will pay to the Plat 208 Property Owners Association a sum of $4,120.00 per event beginning with the Great Fair 2004 and ending with the Fountain Festival 2005. ci. The Fountain Hills Chamber of Commerce will continue to be responsible for any damage to the common area parking lots, including damage to curbs caused by fairgoers during both the Fountain Festival and Great Fair events. The Chamber will continue to use dirt ramps to minimize damage to curbs. Prior to each event a representative from the Chamber to3ether with a representative of the Plat 208 Property Owners will inspect the common parking areas to note existing damages. After the conclusion of the event, the same representatives will inspect the common parking areas to note any new damage caused by fairgoers. Dirt ramps will be removed and correction of damages will commence within 10 days after the date of the inspection. The Fountain Hills Chamber of Commerce also agrees to coordinate the use of the common parking area lots by submitting the schematic plan to the Plat 208 Board of Directors at the saris-, time that the plan is submitted to the Town of fountain Hills. The Plat 208 Property Owners Association will allow the Fountain Hills Chamber of Commerce to utilize the rented lots without restriction as to parking during the time of this agreement (except as noted in Item 4 above). Plat 208 property andlor Plat 208 business owners may display and sell their services or products on their private property or on Plat 208 Common Area property (excluding Common Area parking lots). Use of the common Area property by Plat 208 property owners and/or Plat 208 businesses requires the permission of the Plat 208 Property Owners Association Board of Directors, and must be in compliance with the Association's Rules and regulations. I'his Agreement w;11 be binding on CU11'ent and iutUre Fountain I fill. Chamber of (-onu3lerce Board's of"Directors and future Boards of Mat 208 Property Owners Association., for the terms of the Agreement. This Agreement can be terminated by either party 90 days from the date of a written notice stating- the intent of terminating the Agreement. 11 _ This represents the total Agreement and nothing verbal or implied other than within this paper 1s recognized. Any changes by either party will be in writing and added as an addendum. N. Plat 208 Property Owners Association Fountain Hills Chamber of Commerce 3875 N. 44i" Street Suite 102 P. O. Box 17598 Phoenix, AZ 85918 Fountain Hills, AZ 85269 Signed this day of 2003 For the Fountain Hills Chamber of Commerce Board of Directors 1 S ith, President S i gtt+ - - /o'day of 2003 In witness there-` Signed Signed Signed Signec For the N. lat 208 Pro erty Owners Association Lowell Janson, President, r� Siane . I % 114 ay of i ,24D3 In vitness thereof'. -'*J�-- Signed Signed Signed Pat B)a,a Pdersor Signed Gordon Pittsenbarger Form 990 Return of Organization Exempt from Income Tax Under section 501(c), 527, or4947(a)(1) of the Internal Revenue Code partment of the Treasury (except black lung benefit trust or private foundation) ernal Revenue Service The organization may have to use a copy of this return to satisfy state reporting reouirement� For the 2002 calendar year, or tax Check if applicable: 7/01 , 2002, and ending 6/30 -'dress change Please use IRsia" Fountain Hills Chamber of Commerce x change °' P""� ortyps, P.O. Box 17598 Inibal return s« specific Fountain Hills, AZ 85269 Final return msbuc. Lions Amended return Application pending • Section 501(c)(3) organizations and 4947 a)) nonexempt charitable trusts must attach a completedScfledule A (Form 990 or 990-EZ). Web site: 01 N/A Organization ty (check Onl One ....... " X Sol(c) 6 (insert no.) I 14947(a)(1) or n 527 Check here 9-1 U if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data Some states require a complete return. Gross receipts: Add fines 6b, 8b, 9b, and 10b to line 12... ► 77 rt I I Revenue, Expenses, and Changes in Net ) 978. ..._ _. OMB No. 1545-0047 2002 Open to Public Inspection 2003 'J Employer Identification Number 86-0336429 C Telephone number, 480-837-1654 F Accounting method: Cash X Accrual Other (specify) I - H and 1 are not applicable to section 527 organizations. H (a) Is this a group return for atlates? ... 0Yes NO No H (b) If 'Yes.' enter number of affiliates W H (C) Are all affiliates included?........ , ❑ Yes ❑ No (if 'No.' attach a list. See instructions) H (d) Is this a separate return filed by an organization covered by a group ruling? I I Yes I11I No Enter 4•di it GEN...... . M Check ► if the organization is not required to attach Schedule B (Form 990, 990-EZ, or 990-PF). Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: S/19/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Anbroval (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 approving a technical services agreement with Phoenix Highway Services, Inc. for traffic signal inspection, testing, and maintenance services in the amount of $26,340. Staff Recommendation: Approve Fiscal Impact: Yes $26,340 Purpose of Item and Background Information: Fountain Hills currently has 10 traffic -signalized intersections. To maintain their proper operation and minimize the liability for the Town, the traffic signals are inspected quarterly, and electronically tested biannually. Additionally, agreement provisions need to be in place to provide emergency on -call service availability by licensed technician(s) (IMSA Level III) familiar with our traffic signals. List All Attachments as Follows: Staff memo, agreement Type(s) of Presentation: Signatures of Submitting Staff: ADpartme!Hea4d Tow anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: August 10, 2004 FR: Thoma . Ward, Director of Public Works RE: Technical services agreement with Phoenix Highway Services for traffic signal testing and maintenance services Fountain Hills currently has 10 traffic -signalized intersections. To maintain their proper operation and minimize the liability for the Town, the traffic signals are inspected quarterly, and electronically tested biannually. Additionally, agreement provisions need to be in place to provide emergency on -call service availability by licensed technician(s) (IMSA Level III) familiar with our traffic signals. This agreement provides for services by Phoenix Highway Services, Inc., who currently holds our existing traffic signal services. Over the past six years Town staff has been satisfied with their quality service and quick response time. Since we have entered into this agreement with Phoenix Highway Services, Inc., our down time at all traffic signals has been reduced to less than 2%. Their documentation, response time, and ability to act in an emergency have always been more than sufficient. This agreement is for $26,340 annually, with an option for annual renewal. The contractor has 10 not requested an increase for the 2004-05 fiscal year. Funding for this agreement is contained in the approved "Road Repair/Maintenance" line item of the Street Department budget. Per Section 3-3-10 of the Town Code, normal bidding procedures do not apply to these licensed professional and technical services. However, per Section 3-3-5,13, Council approval is required, since this annual agreement exceeds $20,000. Staff recommends approval of the attached traffic signal services agreement with Phoenix Highway Services, Inc. att \\earth\BBrannon\Dept Corr\Tom Ward\Traffic Signal Contract 2004.doc TECHNICAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PHOENIX HIGHWAY SERVICES, INC. THIS TECHNICAL SERVICES AGREEMENT (this "Agreement") is made as of / 2004, between the Town of Fountain Hills, an Arizona municipal corporation (th "Town"), and Phoenix Highway Services, Inc., an Arizona corporation (the "Consultant"). RECITALS A. The Town operates ten signalized intersections within its corporate limits that require quarterly inspections to ensure proper operation. B. The Consultant has provided the Town with such quarterly inspection services (the "Services") since July of 2002. C. The Town and Consultant desire to enter into this Agreement so that the Consultant may continue to perform the Services for the Town. 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 Agreement. The term of this Agreement is for one year. The Town may renew the Agreement for up to two one-year periods, subject to an annual review and satisfactory negotiation of terms, the concurrence of the Town Council and the annual availability of appropriations. 1. Scope of Work. Consultant shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. 3. Compensation. The Town shall pay Consultant $26,340.00 for the Services, as more particularly set forth in Exhibit B, attached hereto and incorporated herein by this reference. 4. Payments. The Town shall pay the Consultant monthly upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. 5. Documents. All documents prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devote to the successful completion of the Services to be performed under this .,, Agreement. Consultant agrees to assign specific individuals to key positions. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced prior without written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 7. Inspection, Acceptance. All work shall be subject to inspection, testing and acceptance by the Town at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. 9. Indemnification. To the fullest extent permitted by law, the Consultant 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 Consultant, its employees, agents, or any tier of subconsultants in the performance of this Agreement. Consultant'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 .► Agreement of any employee of the Consultant or any tier of subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant 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. 10. Insurance. 10.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement 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 Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 n from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 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 Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. 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 Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. e. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. f. Waiver. All policies, including Workers' Compensation insurance, shall contain a 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 Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. g. 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. Consultant shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require Consultant to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. h. Use of Subconsultants. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreement with Subconsultant containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing the agreement with Subconsultant and obtaining certificates of insurance verifying the insurance requirements. i. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Consultant'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 Agreement 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 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 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 Agreement. Such certificates shall identify the contract work number and be sent to the Engineer. If any of the above -cited policies expire during the life of this Agreement, it shall be Consultant'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) Consultant's insurance shall be primary insurance as respects performance of the Agreement. 4r,.. (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 Consultant under this Agreement. (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. 10.2 Required Insurance Coverage. a. Commercial General Liability. Consultant 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 Agreement, the Town, its agents, 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 A representatives, officers, officials and employees shall be cited as an Additional Insured `i.. under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) 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. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant's owned, hired and non -owned vehicles assigned to or used in the performance of the Consultant's work or services under this Agreement. 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 Agreement, 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. Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. 10.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 11. Applicable Law. In the performance of this Agreement, Consultant shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. This Agreement may be terminated be either party upon 30 days' written notice should the other party fail to substantially perform in accordance with this 9196.0091PHX Highway Serv.agt.v3.doc 8.4.2004 c Agreement'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 Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REv. STAT. § 38-511. The Town may cancel this Agreement 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 Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement 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 Consultant an amount equal to 150% of the gratuity. 13. Miscellaneous. 13.1 Independent Contractor. The Consultant acknowledges that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Consultant is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 13.2 Laws and Regulations. The Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant 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. 13.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 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 Agreement will promptly be physically amended to make such insertion or correction. 13.5 Severability. The provisions of this Agreement 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 Agreement which may remain in effect without the invalid provision or application. 13.6 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 Consultant is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Consultant should make arrangements to directly pay such expenses, if any. 13.7 Interpretation, Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements 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. 13.8 Assignment. No right or interest in this Agreement shall be assigned by ��.► Consultant without prior, written permission of the Town and no delegation of any duty of Consultant shall be made without prior, written permission of the Town. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subconsultants are used. 13.10 Rights and Remedies. No provision in this Agreement 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 Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 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. 13.12 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement 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. 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 .7 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 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JoRDEN, BISCHOFF, MCGum- & 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 Consultant: Phoenix Highway Services 2202 W. Lone Cactus Drive, Suite 4 Phoenix, Arizona 85027 Facsimile: 623-434-0511 Attn: John L. Brannan, Service Manager 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. 13.13 Confidentiality of Records. Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or form others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform the duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 0 pertaining to individual persons shall not be divulged other than to employees or officers of Consultant on an as -need basis for the performance of the duties under this Agreement. IN WITNESS WHEREOF, the Town and the Consultant have caused this Agreement to be duly executed as of the day, month and year first above written. TOWN OF FO HILL , an Arizona municipal co ration Timothy G. Ptckering, Town Manager ATTEST: Bevelyn J. nqO, Town Clerk 9196.009\PHX Highway Serv.agt.v3.doc 8.4.2004 n PHOENIX HIGHWAY SERVICES, INC., an Arizona cow ti S.Vices 2202 W Long Cacho Dr. Ste 4 By: Phoetm AZ 85W Name: Title: i EXHIBIT A SCOPE OF WORK Traffic Signal Intersections: Work is to be performed at the following ten intersections. 1) Eagle Mountain & Shea 2) Palisades & Shea 3) Fountain Hills & Shea 4) Saguaro & Shea 5) Grande & Saguaro 6) Saguaro & Palisades 7) Fountain Hills & Palisades 8) Avenue of the Fountains & Palisades 9) Technology Drive & Shea 10) Centerlane & Shea Traffic Signal Annual Test: Scope of Work Provide annual testing and report deficiencies to the Town of Fountain Hills as detailed below. 1) Test Conflict Monitors for NEMA compliance 2) Test Controllers to include timing and operation 3) Test Emergency Vehicle Preemption 4) Test Load Switches for leakage of current output 5) Visual inspection of all traffic signal heads and pedestrian signal heads 6) Test detectors and loops for shorts to ground and sensitivity Traffic Signal Quarterly Inspection: Scope of Work Provide quarterly inspections of traffic signals and related electrical and electronic traffic control equipment, maintain records and report deficiencies to the Town of Fountain Hills as detailed below. 1) Provide on -site visual inspection 2) Maintain a log of all inspections and tests performed by Phoenix Highway Services, Inc. 3) Maintain a log of all work performed by Fountain Hills personnel or contractors hired by Fountain Hills reported to Phoenix Highway Services, Inc. 24-Hour On -Call Service: Scope of Work 1) Provide 24-hour on call service availability. EXHIBIT B PRICING SCHEDULE Price and Billing Schedule: 1) The fee for the Services shall be $26,340.00, plus applicable sales tax for the term of the Agreement, payable monthly. 2) If the Scope of Work changes such that the Town requires the Services for more than ten intersections, the fee each additional intersection shall be $2,634. 3) If renewal options are exercised, the fees shall increase at the rate of 5% per year. 4) Labor for on -call Services will be charged at $125.00 per regular time hour and $150.00 per overtime hour, plus applicable sales tax. Prices are noted per hour, portal to portal with a two- hour minimum. Time will be charged in one -hour increments. 5) Regular time hour will be based on technicians working no more than a 10-hour regular time day. Technicians have variable workdays to allow full coverage of the week. 6) Overtime hours will be charged when (i) more than 10 hours are worked in a day by the technician, (ii) after 40 hours have been worked by the technician in the weekly pay period and (iii) work is required on the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. 7) Materials and expenses purchased by the Town through Phoenix Highway Services will have a 20% mark-up, plus applicable sales taxes (expenses defined as travel lodging, rental equipment and miscellaneous). 8) Phone support will have no charge the first 30 minutes and hourly thereafter, based on the regular time hour of $125.00 per hour. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Anaroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Sherwood Condominiums", a two -unit condominium project located at 14411 N. Sherwood Drive, aka Final Plat No. 111, Block 4, Lot 2, Case Number S2004-14. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat "Sherwood Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The Planning Commission unanimously recommended approval at their August 12, 2004 meeting. List All Attachments as Follows: Staff Report; Application & Final Plat reduction Type(s) of Presentation: None Signatures of Submitting Staff: D partment Hea zc Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS 1%01 PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor Nichols and DT: August 11, 2004 Town Council FR: Dana Burkhardt, Senior Planner RE: Preliminary and Final Plat "Sherwood Condominiums"; Case # S2004-14 LOCATION: 14411 N. Sherwood Dr., aka Final Plat 111, Block 4, Lot 2. REQUEST: Consider the Preliminary and Final Plat for "Sherwood Condominiums", a 2-unit residential condominium project: PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: Loren Aston APPLICANT: Loren Aston EXISTING ZONING: "R-2", Multi -family Residential EXISTING CONDITION: Under construction LOT SIZE: .269 acres SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Legend Wash; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Single-family residential; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Sherwood Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Loren Aston, has chosen to convert a two -unit duplex and record a Declaration of Condominium to sell the units individually. Each proposed condominium unit has livable areas of 1,624 square feet, and a two -car garage and covered patio. This property is currently being constructed under building permit #2003-305. RECOMMENDATION: The Planning & Zoning Commission recommends approval of the preliminary plat, and staff recommends approval of S2004-14; Final Plat "Sherwood Condominiums", with the stipulation that the applicant revise the condominium plat to the Town's satisfaction. 0 P�Uj, I'I(0-02-333 The Town of Fountain Hills Dc :write in tt",��e ]c,.al use Filing Dat Accepted B ti Fee Accepted Case Manager 4"u PLANNING & ZONING DIVISION - APPLICATION Abandonment (Plat or Condominium) Area Specific Plan Continuance Request General Plan Amendment Planned Unit Development Rezoning Temporary Use Permit Other PROJECT NAME / NATURE OF PROJECT: Administrator's Interpretation or Appeal Condominium Plat Cut/Fill Waiver HPE Change or Abandonment Preliminary / Final Plat Special Use Permit Variance LEGAL DESCRIPTION: Plat Name �< < Block A'' Lot 2-- PROPERTY ADDRESS: I `��l�l lif . �, � j7rJ PARCEL SIZE (Acres) VA) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED �7- TRACTS 7XISTING ZONING Z PROPOSED ZONING Applicant n� Mrs. L C7ZP�v1 rjTJ /J Day Phone 6o,-3 3i 6 3� fir. �21q Ms. Address: %`1� % 3 Aft- City: F �ate:� Zip: _ AN Owner Mrs. 1-d4 Mr. Ms. Address: If application is being submitte% by below mustbe completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE City: Day Phone State: _ Zip: other than the owner of the property under consideration, the section Please Print DATE Z TO FILE THIS APPLICATION. Subscribed and sworn before me this day of . 20 My Commission Expires Notary Public Application Page 2 of 5 F t G:\MASTER P & Z APPLICATION FORMS - 2004\Forms - 2004\General Application.doc asp_ Number* �:: .a z 0 0 n '¢ < 'otl}° it t'22; �k2 2k y<z¢ Wltk ��YRgRg??i �44 k ° �W 2�W' :3 %1 WW4<< --•�'��?��G ✓x" n� OU3U k 2 < N¢�iW �l3 U VO¢� �gwE7s g°r m O xa�W3 3i � k 2 3 2% 2¢ 2 Y ZW 3 k k 0' 'n In M 8 3W izzstiz LjJ izz kid & e I— d �aN mod a o o ZD x ��°W G� i 8ga�gzSg i$cl-m O e' blg3 " qW w�g q3 k` �'zc< -S ice° RN V .,a`g a ¢ ak �Yk 8 gizxzvW k °�� Q i� `�:; H `aaz i k a�a W� _ W b$ub xo 2 L O Zt U Q � Z p � auk UQ Z O Cl) h k'',3oW zibgj, m ti U yak � z Lot s 2n ym Q ` o`" yQ In EW k n o OtQ� /Myry e U` O O J O 4 Q U' Ki 0 ffi N W z4a J Q 0l 78 S771l4 N/VI NnO-J � Q) 6 _ zo W 0 v J I I I • O • 40 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Dana Burkhardt, Senior Planner 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 Re:ular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Segundo Condominiums", a two -unit condominium project located at 16313 E. Segundo Drive, aka Final Plat No. 206, Block 1, Lot 14, Case Number S2004-15. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat "Segundo Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The Planning Commission unanimously recommended approval at their August 12, 2004 meeting. List All Attachments as Follows: Staff Report; Application & Final Plat reduction Type(s) of Presentation: None Signatures of Submitting Staff: A— A&-24-1 /I / _ - I 1104 //v De artment Head 7g �{ Town Ma age D signee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor Nichols and DT: August 11, 2004 Town Council FR: Dana Burkhardt, Senior Planner RE: Preliminary and Final Plat "Segundo Condominiums"; Case # S2004-15 LOCATION: 16313 E. Segundo Dr., aka Final Plat 206, Block 1, Lot 14. REQUEST: Consider the Preliminary and Final Plat for "Segundo Condominiums", a 2-unit residential condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: James Aston APPLICANT: James Aston EXISTING ZONING: "R-2", Multi -family Residential EXISTING CONDITION: Under construction LOT SIZE: .26 acres SURROUNDING LAND USES AND ZONING: NORTH: Colony Wash; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Segundo Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, James Aston, has chosen to convert a two -unit duplex and record a Declaration of Condominium to sell the units individually. Each proposed condominium unit has livable areas of 1,624 square feet, and a two -car garage and covered patio. This property is currently being constructed under building permit #2003-676. RECOMMENDATION: The Planning & Zoning Commission recommends approval of the preliminary plat, and staff recommends approval of S2004-15; Final Plat "Segundo Condominiums", with the stipulation that the applicant revise the condominium plat to the Town's satisfaction. 1. •* y7T o . The Town of Fountain Hills Do write in -11g Date Accepted By� Fee Accepted. Case Manacle ��e -gfficial use only PLANNING & ZONING DIVISION - APPLICATION Abandonment (Plat or Condominium) Area Specific Plan v/ Continuance Request General Plan Amendment Planned Unit Development Rezoning Temporary Use Permit Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name PROPERTY ADDRESS: PARCEL SIZE (Acres)_�J� NUMBER OF UNITS PROPOSED_ EXISTING ZONING IC "7- . •, Administrator's Interpretation or Appeal Condominium Plat Cut/Fill Waiver HPE Change or Abandonment Preliminary / Final Plat Special Use Permit Variance Block Lot 14 ASSESSOR PARCEL NUMBER 176-06�-25P TRACTS PROPOSED ZONING —VA Applicant Mrs. ��.>r�= , T�� Day Phone`C�-i',' t Mr. Ms. Address: 777i / /f/✓�7 A �s7 City: -- State: /9� Zip:��� Email: Owner Mrs. �� % _ Day Phone 60 Mr. Ms. Address: 777I ". � �1/�' ,� /,X,�wp City: State:�� Zipt 1� If application is being submitted by someone other than the owner of the property under consideration, the section below mucstbe completed. SIGNATURE OF OW I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of My Commission Expires Notary Public DATE - 2 TO FILE THIS APPLICATION. 20 Application Page 2 of 5 G:\MASTER P & Z APPLICATION FORMS - 2004\Forms - 2004\General Application.doc C Se N rTlber ' p z 0 A nz<Q $ P W���'�p 21 � i1 O '6rc owYl� =isz�cg4��a� §piw� apIRA�Wg 9 q 3ng EI��"-� aW . zx. g a$ �1; $�z d�Oh� F— Q y �Nzm i� C�' aa z kWa z x i� p p`-<� . g m` '<^n`�gQ.: R �,��k 5 i �.. as h x��ok 41 -��-. i1 8$�4 i ' (5 V!3. iuw WF$ o a � d;< Ste . b $ z2a x Occ (7 � ^$ �iS �.� 4 G Z i.zN'a_$�<�'�3 W 22 V I � O J Q J J x RUP Lu % �MQ) � 1 Zaow. l O $tl $< in �w i Y" n LO Q' x Ocn vWi� off\z C a m o aE N ci Ld J o �z i 2 U i 0 O A cm • Im TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMORANDUM TO: The Honorable Mayor Nichols and DT: August 18, 2004 Town Council FR: Dana Burkhardt, Senior Planner RE: Preliminary and Final Plat "Segundo Condominiums"; Case # S2004-15 The purpose of this memorandum is to provide a revised list of stipulations for the above referenced request on the August 19, 2004 consent agenda. Staff recommends approval of Case #S2004-15; Final Plat "Segundo Condominiums" with the following stipulations: • The applicant address all staff comments on the second map review to the Town's satisfaction, prior to recordation. • Apply for abandonment of the above PUE/DE in accordance with the Town's normal process. (We have attached forms for your use). If the FHSD denies the abandonment (as anticipated), but does allow the encroachment, a 10' sewer easement will be retained, and the FHSD will notify the applicant of their obligations in encroaching into the easement. • The Condominium Plat shall not be recorded until the above PUE/DE abandonment/encroachment approval is resolved. • The Town will not be granting a Certificate of Occupancy until the above PUE/DE abandonment/encroachment approval is resolved. For further details on this change, please refer to the attached letter from Randy Harrel to the developer, dated August 17, 2004. E:\Dept Corr\Randy\Easement Abandonment Stipulations for Segundo Condos - Aston Duplex.doc Chron o � that is is August 17, 2004 Loren Aston 1927 E. 36 Avenue Apache Junction, AZ 85219 Town of FOUNTAIN HILLS Public Works Department (and with advance copy via FAX 480-633-5895, Tele. 480-330-8433) Cameron Miles, Architect 922 N. Gilbert Road, Bldg. 2, Suite 101 Mesa, AZ 85203 Stephan E. Slomski Associates Consulting Civil and Structural Engineer 2422 East Lynwood Circle, Mesa AZ 85213 (W Re: Aston Duplex, 16313 E. Segundo Drive (BP 2003-676) Segundo Condominiums (Case Number S2004-15) Plat 206, Blk 1, Lot 14 Abandonment/ Encroachment into East Side Easement Gentlemen: It has come to our attention that your above building plans did not show the existing platted 10' wide Public Utility Easement and Drainage Easement, which is located at the east side of the lot. Your building plans show encroachment into this width by the building, utility services, and a retaining wall. Your above condominium request likewise did not show this PUEIDE, on its first submittal. Your condominium request does now show the building encroachment into the easement, without providing any resolution. Therefore, Staff has requested that the below listed stipulations be added to the Council's action on this item. The Fountain Hills Sanitary District has an existing 8" sanitary sewer lying in the 10' PUE lying adjacent to the east side of this lot. Our understanding is that the FHSD will not abandon their rights to the 10' PUE on this lot, but may consider allowing the work shown in the building plans as an encroachment. (They will address this issue upon reviewing your abandonment/encroachment requests.) 16836 East Palisades Boulevard — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 E:\Dept ConlRandy\Fasement Abandonment stipulations for Segundo Condos - Aston Duplex.doc Cbron Staff recommends approval of the above condominium plat, subject to the following I stipulations: 0 Apply for abandonment of the above PUE/DE in accordance with the Town's normal process. (We have attached forms for your use.) If the FHSD denies the abandonment (as anticipated), but does allow the encroachment, a 10' sewer easement will be retained, and the FHSD will notify you of your obligations in encroaching into their easement. • The Condominium Plat shall not be recorded until the above PUE/DE abandonment/encroachment approval is resolved. • The Town will not be granting a Certificate of Occupancy until the above PUE/DE abandonment/encroachment approval is resolved. Thank you for your attention to this matter. Yours very truly, j� Randy L. arrel, P.E., L.S. Town Engineer Attachment: Easement Abandonment Forms Cc: Tom Ward Dana Burkhardt Art Candelaria Dan Schmerfeld Peter Johnson Ron Huber / Chris MriIuk / FHSD 16836 East Palisades Boulevard — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the Preliminary and Final Plat for "Sabinas Condominiums", a 2- unit residential condominium located at 16941 E. Sabinas Dr., aka Plat 105, Block 4, Lot 6; Case #S2004-16. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat "Sabinas Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The Planning Commission unanimously recommended approval at their August 12, 2004 meeting. List All Attachments as Follows: Staff Report; Application & Final Plat reduction Type(s) of Presentation: None Signatures of Submitting Staff: D artment Head Tow anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor Nichols and Town Council DT: August 11, 2004 FR: Dana Burkhardt, Senior Planner -E;5 RE: Preliminary and Final Plat "Sabinas Condominiums"; Case # S2004-16 LOCATION: 16941 E. Sabinas Dr., aka Final Plat 105, Block 4, Lot 6. REQUEST: Consider the Preliminary and Final Plat for "Sabinas Condominiums", a 2-unit residential condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Daryl Aston Daryl Aston "R-2", Multi -family Residential Under construction .25 acres SURROUNDING LAND USES AND ZONING: 1%80- NORTH: Single-family residence; zoned "R-2" SOUTH: Single-family residence; zoned "R-2" EAST: Two Unit Condominium; zoned "R-2" WEST: Single-family residence; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Sabinas Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Daryl Aston, has chosen to convert a two -unit duplex and record a Declaration of Condominium to sell the units individually. Each proposed condominium unit has livable areas of 1,624 square feet, and a two -car garage and covered patio. This property is currently being constructed under building permit #2003-677. RECOMMENDATION: The Planning & Zoning Commission recommends approval of the preliminary plat, and staff recommends approval of S2004-16; Final Plat "Sabinas Condominiums", with the stipulation that the applicant revise the condominium plat to the Town's satisfaction. Do write in t ha�fficial use only r—gig Da Accepted Fee Accepted 1 The Town of Fountain Hills Case Manager PLANNING & ZONING DIVISION — APPLICATION Abandonment (Plat or Condominium) Area Specific Plan Continuance Request General Plan Amendment Planned Unit Development Rezoning Temporary Use Permit Other PROJECT NAME / NATURE OF PROJECT: Administrator's Interpretation or Appeal Condominium Plat Cut/Fill Waiver HPE Change or Abandonment Preliminary / Final Plat Special Use Permit Variance LEGAL DESCRIPTION: Plat Name 45 ock 41- Lot PROPERTY ADDRESS: 1�"���i/s��/iJ✓�S PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED Z TRACTS Al 4 FXISTING ZONING PROPOSED ZONING 4 lA `'Applicant Mrs. Mr. Ms. Owner Mrs. Mr. Ms. Day Phone Z/A4 / Address: f /��%`5i� l� i� City: State: Z= Zip:!�� 7� l f. Email: Address: /X' lot0lA%7 Day Phone If application is being submitted by below mustbe completed. SIGNATURE OF OWNEk I HEREBY AUTHORIZE Please Print City: State: Zip: than the owner of the property under consideration, the section Subscribed and sworn before me this day of My Commission Expires DATE 7--1 .? " G 4 TO FILE THIS APPLICATION. Z0 (W Notary Public Application Page 2 of 5 G:\MASTER P & Z APPLICATION FORMS - 2004\Forms - 2004\General Application,doc Case zi �i23.k �'� �'�`¢�W>q �M 6gv O �giR`¢S� 0��� 2✓S��LL�"�2 0� i�LL� �p nO 32�0 i, W�82� a •i''z_d 'ME! k W_ dog` �a�pz89 =��;�Sb3e��$�<��o'� a;¢Wa�£ m ad oj Lz 33� $i 3W apc $C¢z3o BWU� i O �66,,, g IM 8& 3 s Oil� nRM ti»a� is "�� m3k No Q, Z Q Q � Zm J J O Q m4 �Z Zb m o e n I� O U�� m LL- Q � � �F �k'`Wpw W . jSup� � iy24i� o = i B iP. is ¢¢ Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:® Meeting Date: 8/19/04 Contact Person: Pickering 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 Rep,ular Agenda Wording: Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ® Economic Development ❑ Parks & Recreation ❑ Finance CONSIDERATION of RESOLUTION 200442, approving the intergovernmental agreement with the Fort McDowell Yavapai Nation for Propostion 202 Funding for the Fountain Hills Chamber of Commerce Tourism Bureau. CONSIDERATION of RESOLUTION 2004-43, approving the intergovernmental agreement with the Fort McDowell Yavapai Nation for Propostion 202 Funding for the Fountain Hills branch of the Maricopa County Sheriffs Posse. Staff Recommendation: Approve Fiscal Impact: Yes $55,000 Purpose of Item and Background Information: The purpose of these agenda items is to approve the two intergovernmental agreements and disperse the monies awarded by the Fort McDowell Yavapai Nation to the named entities: Fountain Hills Chamber of Commerce Tourism Bureau and the Fountain Hills branch of the Maricopa County Sheriffs Posse. List All Attachments as Follows: Intergovernmental agreements, Resolution 2004-42, and Resolution 2004-43 Type(s) of Presentation: None Signatures of Submitting Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO.2004-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION FOR PROPOSITION 202 FUNDING FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE TOURISM BUREAU. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreemci}t (the "Agreement") between the Town of Fountain Hills and the Fort McDowell Yavapai Nation for Proposition 202 funding for the Fountain Hills Chamber of Commerce Tourism Bureau 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 AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2004. FOR THE TOWN QV FOUNTAIN HILLS: W. J.�Whols, REVIEWED BY: Timothy G. Pickering, Town Manager ATTESTED TO: Bevelyn J. n r, Town Clerk APPROVED AS TO FORM: njyk A Andrew J. McGuire, own Attorney 9196.001\... \2004-42 16A.17MYN.Tourism.res.doe 8.11.2004-1 Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A.R.S. §5-601.02 Fountain Hills, Arizona Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation (the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. §5- 601.02. Recitals A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A.R.S. §5-601.02. B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation, government or other private entity. C. The Town is authorized by A.R.S. §§5-601.02(1) and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting tourism in the State of Arizona and specifically the Town of Fountain Hills and surrounding communities (hereinafter the "Project"). An approved scope of work shall be appended hereto as Exhibit A governing the terms and conditions on the use of these funds. E. Town and Nation desire to enter into this Agreement to define the terms and conditions of this Project. F. The total cost of the Project is $45,000. 9196.004\FMY N IGA — Prop. 202.2004-Tourism v2.doc 2 8.12.04-1 G. $45,000.00 is hereby made available for the Project from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino. H. The Nation intends to provide $45,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. §5-601.02 to complete the Project. I. Town and Nation have agreed that the Town shall complete the Project according to the terms and conditions set forth herein in addition to any supplemental agreements attached or incorporated by reference in consideration of the Nation providing the Funds. J. Town and Nation have agreed that this Project shall commence on the Effective Date of this Agreement, as defined below, and shall be completed within one (1) year after said date. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows: 1. Project. The Project consists of the Nation providing the Funds to the Town to work with the Fountain Hills Chamber of Commerce Tourism Bureau (the "Tourism Bureau") to promote tourism in the Town of Fountain Hills and surrounding area. The Nation and the 4 Town hereby approve the scope of work for the Project setting forth the activities, programs and uses to be covered by the Funds (the "Scope of Work"), attached hereto as Exhibit A and incorporated herein by reference. 2. Town Project Design and Management Responsibilities. The Town shall design and manage the Project pursuant to the Scope of Work. 3. Amendments to Approval of Scope of Work. After the Scope of Work has been approved as part of this Agreement, it shall not be amended, modified, or changed without the Nation's written consent. 4. Project Manager and Nation Representative. Town shall designate a Project Manager, and the Nation, at no cost to the Town, may designate a representative to liaison with the Project Manager during the performance of this Project. 5. Financing; reporting. A. Nation Deposit. The Nation shall deposit with the Town the amount of $45,000.00 within seven (7) days of the Effective Date of this Agreement. B. Reporting. Town shall submit a budget and report of expenditures along with any narrative report required according to the terms of this Agreement (i) six months after the Effective Date and (ii) within thirty (30) days after completion of this Project. C. Project Cost Savings. Town shall refund any amount of the Funds not expended for the Project. 9196.004\FMYN IGA — Prop. 202.2004-Tourism v2.doc 3 8.12.04-1 D. Use of Funds for Purposes Other Than to Fulfill Agreement and Scope of Work. Town shall use the Funds for the express purpose contained herein and Exhibit A, and is prohibited from using funds to supplant current or future funding levels. Any other use of a portion or all of the Funds for a purpose other than to fulfill this Agreement and Scope of Work shall constitute a material breach of this Agreement. In the event of a material breach, Town shall further lose future consideration for award of Section 12 Funds. 6. Inspection and Audit. To ensure compliance with the Scope of Work, the Nation may inspect any and all records maintained by the Town with respect to the Project upon seven (7) days prior, written notice to the Town. Duly authorized representatives of the Nation may perform an inspection or conduct a reasonable audit of books and records pertaining to the Project which are maintained by the Town in order for the Nation to satisfy itself that the monies on the Project have been spent and the Project completed in accordance with this Agreement. Town shall allow Nation reasonable access to the Project site and records pertaining thereto. This Section 6 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 7. Term and Termination of Agreement. A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized representative. B. Term. This Agreement shall commence upon the Effective Date and shall remain in full force and effect for a period of one (1) year thereafter. The Town shall have completed the Scope of Work with this term. C. Termination. i. For Cause. The Nation may terminate this Agreement for material breach of the Agreement by the Town, as described below. Prior to any termination under this paragraph, the Town shall be given written notice by the Nation of the nature of the alleged default. For any material breach other than misuse of the Funds, the Town shall have twenty (20) days to cure the default; the Town shall have ten (10) days to cure a default relating to misuse of the Funds. The following shall be considered a material breach: 1. Persistent disregard of applicable laws, ordinances, or rules and regulations or public authority having jurisdiction; 2. Refusing or failing to perform under this Agreement with such diligence as will ensure its timely completion within the agreed upon time, or failure to complete the work with such time; or 3. Use of the Funds to perform work outside the purpose of this Agreement, including the Scope of Work. 9196.004\FMYN IGA — Prop. 202.2004-Tourismv2.doc 4 8.12.04-1 4. Failure to comply with the budgeting and reporting requirements set forth in Section 5 above. 5. Failure to comply with the audit and inspection requirements set forth in Section 6 above. ii. For Convenience. The Nation may terminate this Agreement for convenience by giving thirty (30) days written notice to the Town. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. 8. Indemnification. A. Indemnification. The Town shall indemnify, defend, and hold harmless the Nation, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the Town, its employees or agents in performing the duties set forth in this Agreement. For other matters arising from the Town's performance of this Agreement and Exhibit A, the Town agrees to hold harmless the Nation, its governing body, officers, departments, employees and agents. B. No Liability for Other Party's Debts and Obligations. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees. C. Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. §12-821.01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. A. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superceded and merged herein. B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. 91%.00AFMYN IGA — Prop. 202.2004-Tourism v2.doc 5 8.12.04-1 D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. E. Days. Days shall mean calendar days. F. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 10. Waiver. Waiver by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein. 11. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. "Uncontrollable forces" means any cause beyond the control of the party affected, including but not limited to flood, earthquake, fire, epidemic, Acts of God, or an order declaring a national emergency, which by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 12. Notification. Any notice or other communication required or permitted to be given under this Agreement 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 or (iii) given to a recog- nized and reputable overnight delivery service, to the address set forth below: For the Fort McDowell Yavapai Nation: Raphael Bear, General Manager Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 For the Town of Fountain Hills: Ronald Rosier, General Counsel Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 Timothy Pickering, Town Manager Andrew McGuire, Town Attorney Town of Fountain Hills JORDEN BISCHOFF McGuIRE ROSE & HisER, P.L.C. 16836 Palisades Boulevard 7272 East Indian School Road, Suite 205 Fountain Hills, AZ 85268 Scottsdale, AZ 85251 91%.004\FMYN IGA — Prop. 202.2004-Tourismv2.doc 6 8.12.04-1 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 or (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. 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. 13. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 14. Non -Waiver of Sovereign Immunity. Nothing in this Agreement or Exhibit A shall be construed to waive the Sovereign Immunity of the Nation. IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. ATTEST: FORT MCDOWELL YAVAPAI NATION Pansy Thomas Secretary, Tribal Council Fort McDowell Yavapai Nation Date ATTEST: Bevelyn J. B "der Town Clerk Town of Fountain Hills Date Raphael R. Bear President, Tribal Council Fort McDowell Yavapai Nation TOWN OF FOUNTAIN HILLS Timot4'iy G. Pickering Town Manager Town of Fountain Hills 9196.004\FMYN IGA — Prop. 202.2004-Tourism v2.doc 78.12.04-1 The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Ronald Rosier, General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. n' �' M j Al "- An J. McGuire, Town Attorney Date 9196.004\FMYN IGA — Prop. 202.2004-Tourism v2.doc g 8.12.04-1 EXHIBIT A SCOPE OF WORK SCOPE OF WORK If granted additional designated tourism funding from the Fort McDowell Yavapai Nation under the provisions of Proposition 202, The Fountain Hills Chamber of Commerce Tourism Bureau will be able to broaden the awareness of the "FOUNTAIN HILLS / FORT MCDOWELL — TAKE A PEAK" destination, as well as increase its advocacy for regional tourism development efforts to benefit the Fountain Hills and Fort McDowell communities. The following outlines intentions for programs that would be funded: • Public Relations / Publicity $20,000.00 • Trade Show Display $10,000.00 • Media Familiarization Tours $10,000.00 • Tour Operators/Travel Agents Familiarization Tours 5,000.00 TOTAL $45,000.00 Public Relations / Publicity Notable success with obtaining publicity for the Fountain Hills / Fort McDowell destination has been achieved through the retention of a professional public relations firm. Image Quest Public Relations has been the contractee for this work during the past fiscal and it is anticipated they will continue in that capacity. Various articles about the destination — and about Fort McDowell in particular were generated this past year, amounting to many thousands of dollars worth of positive exposure. A principle use of funds received from the Fort McDowell Nation for the coming year will be for the continuation and expansion of these PR efforts. Trade Shows & Trade Show Display The Fountain Hills / Fort McDowell destination spent the past year preparing for being able to properly exhibit at trade shows. Trade shows are a proven effective means of developing new business by meeting first-hand with entities and individuals from the trade that generate visitors (tours) to, as well as publicity for, destinations. The creation of a logo/brand and business systems including presentation folders, as well as the production of the new official guidebook give the Bureau the basic promotional elements needed to effectively operate at a trade show. The important remaining missing element is a trade show display that draws attention to the destination and its brand amid the scores of competing displays at any given show. The first order of business in utilizing funding from the Fort McDowell Nation will be to obtain the needed trade show display. Attending trade shows involves various costs including exhibit rentals and related drayage, equipment and services fees, and travel and entertainment costs. A $30,000 budget for trade shows should allow for the Bureau to attend at least 6 selected trade shows during the year. 9196.004\FMYN IGA — Prop. 202.2004-Tourism v2.doc 9 8.12.04-1 Media & Trade Familiarization Tours Familiarization tours are highly effective means of promoting a destination as they afford the opportunity to have important clients (tour operators; travel agents) and media representatives (trade and consumer publication editors & writers) experience the features and benefits of a destination first hand. Ideally, these "fam" tours result in new tour programs being developed and sold by tour operators, and new stories being written and published about the destination, the value of which is considerable as compared to the cost of placing advertising. Scope of Work Page 2 9196.004\FMYN IGA — Prop. 202.2004-Tourism.v2.doc I O 8.12.04-1 RESOLUTION NO.2004-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION FOR PROPOSITION 202 FUNDING FOR THE FOUNTAIN HILLS BRANCH OF THE MARICOPA COUNTY SHERIFF'S POSSE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement (the "Agreement") between the Town of Fountain Hills and the Fort McDowell Yavapai Nation for Proposition 202 funding for the Fountain Hills branch of the Maricopa County Sheriff's Posse 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 AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2004. FOR THE TOWN FOUNTAIN HILLS: ATTESTED TO: W. J. chols, M14Qr Bevelyn J. Be e , Town Clerk REVIEWED BY: Timothy G. Pickering, Town Manager APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney 9196.001\... \2004-43 IGA. FM YN. Sheriffs Posse.res.doc 8.11.2004-1 J INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FORT MCDOWELL YAVAPAI NATION THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "TwAm") and the Fort McDowell Yavapai Nation, a Federally -Recognized Indian Tribe (the "Nation"), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the "Compact") and ARIZ. REv. STAT. § 5-601.02. RECITALS A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties for services that benefit the general public or promote commerce and economic development and pursuant to ARIZ. REv. STAT. § 5-601.02. B. The Nation is empowered to consult, negotiate and enter into agreements with federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. C. The Town is authorized by ARIZ. REv. STAT. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for services that benefit the general public, including public safety, mitigation of impacts of gaming or promotion of commerce and economic development. D. The Nation intends to provide $10,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and ARIZ. REv. STAT. § 5-601.02 to provide for the purchase of a vehicle to be utilized in connection with the operations of the Fountain Hills branch of the Maricopa County Sheriff's Posse (the "Posse"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Nation and the Town hereby mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Funds. Contemporaneously with the execution of this Agreement, the Nation and the Posse are executing a Funding Agreement describing the use the Posse will make of the Funds. 9196.004\FMYN IGA-Prop202.2004-Sherrifs Posse.vldoc 8.19.2004-1 2. Contribution. The Nation shall make a payment to the Town in the amount of $10,000. The Funds shall be delivered to the Town, without any notice or invoice required. at the address set forth in Section 11 below, not later than the date of the last signature set forth below. 3. Disbursement of Funds. Promptly after receipt of the Funds and an executed Funding Agreement between the Nation and the Posse, the Town shall send a payment to the Posse in the amount of the payment received from the Nation,, minus tha_T_nm=: a gini&tFa ve e+mTdi Ids CPt f Pt +L•�T iTi T7.11 A 4wiey .�� •� l 7�r f. , 1-rZ7C�.�AI GJZVI`T'Y�]'Ci�i 7 7 4. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept and disburse to the Posse all funds received by the Town pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Nation under applicable law. 5. Non -Liability of Town. The Nation further expressly agrees that the Town has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Posse. The Parties agree that there are no third -party beneficiaries to this Agreement. 6. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized representative. 7. Term. This Agreement shall commence upon the Effective Date and shall terminate on the date Funds have been disbursed to the Posse. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superceded and merged herein. 9. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. 10. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 11. Notification. Any notice or other communication required or permitted to be given under this Agreement 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 or (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below: 9196.004\FMYN IGA-Prop202.2004-Sherrifs Posse.vldoc 8.19.2004-1 2 3 L For the Fort McDowell Yavapai Nation: Raphael Bear, General Manager Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 For the Town of Fountain Hills: Timothy Pickering, Town Manager Town of Fountain Hills 16836 Palisades Boulevard Fountain Hills, AZ 85268 Ronald Rosier, General Counsel Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 Andrew McGuire, Town Attorney JORDEN BISCHOFF MCGUIRE ROSE & HISER, P.L.C. 7272 East Indian School Road, Suite 205 Scottsdale, AZ 85251 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 or (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage. 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. 11. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 12. Conflict of Interest. The Nation and the Town hereby acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of A.R.S. § 38-511. [SIGNATURES ON FOLLOWING PAGE] 9196.004\FMYN IGA-Prop202.2004-Sherrifs Posse.vldoc 8.19.2004-1 3 IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. ATTEST: Pansy Thomas Secretary, Tribal Council Fort McDowell Yavapai Nation Z- 6(0— otj (W Date ATTEST: Bevelyn J. , nde , Town Clerk Town of Fountain Hills Date 9196.004\FMYN IGA-Prop202.2004-Sherrifs Posse.vldoc 8.19.2004-1 FORT MCDOWELL YAVAPAI NATION Rap el Bear Presiders , Tribal Council Fort McDowell Yavapai Nation TOWN OF FOUNTAIN HILLS Timothy G. Pickering Town Manager Town of Fountain Hills The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Ronald Rosier, General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. (W n' � P, , 8 -1 1-04 An J. McGuire, Town Attorney Date A 9196.004\FMYN IGA-Prop202.2004-Sherrifs Posse.vldoc 8.19.2004-1 5 Fort McDowedYavapai Nation PO. BoX17779, Fountain Hide,AZ 85269 Phone (480) 837-5121 FaX (480) 837-1630 President Raphael Bear Nice President Bernadine Boyd 7naswer Pamela -Mott-,Andreas CouncilM mber Gwen Bake CouncilMem6er Owen Doka Via Hand Delivery July 22, 2004 Mayor Wally Nichols Town Manager Timothy Pickering Town of Fountain Hills 16836 Palisades Blvd Fountain Hills, AZ 85268 Dear Mayor Nichols and Manager Pickering: The Tribal Council of the Fort McDowell Yavapai Nation ("Nation") is pleased to notify you that your proposal for promoting Tourism in the Town of Fountain Hills and Surrounding Communities has been approved in the amount of forty-five thousand dollars and zero cents ($45,000.00). This is to further notify you that the Tribal Council is pleased to award the Fountain Hills Sheriff's Posse's proposal for a replacement vehicle in the amount of ten thousand dollars and zero cents ($10,000.00). The total award to be disbursed to the Town is therefore fifty-five thousand dollars and zero cents ($55,000.00). These awards are made possible through the collaborative efforts of the State of Arizona and Indian Tribes throughout Arizona in enacting Arizona Proposition 202 in November 2002, otherwise known as the 17-Tribe Gaming Initiative. An important provision of Proposition 202 was the sharing of gaming revenues with the local governments. A portion of the revenue to be shared can be retained by an Indian tribe and distributed itself. Proposition 202 allows an Indian tribe to make twelve percent (12%) of its total annual contribution in the following form: "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Unfortunately, funds cannot be disbursed directly to the Fountain Hills Sheriff s Posse, so provisions have been made. Accordingly, the Nation encloses a check in the amount of $55,000.00. For the Town's award of $45,000, the Town's use of these funds is conditioned upon the Town and the Nation first entering into an Intergovernmental Agreement for the purpose of supporting Tourism, which will be identical to last year's Agreement, except that the new Agreement will be dated as of 2004, the dollar amount will be $45,000, and the scope of work will be changed to match the enclosed Scope of Work. The Nation's Tribal Council has approved the enclosed Agreement and requests that the Town's Council do so also. Regarding the $10,000 award to the Fountain Hills Sheriff s Posse, we understand that a separate Intergovernmental Agreement for the purchase of the Sheriffs Posse replacement vehicle must be executed between the Town and Nation. For your information, the Nation will also execute a Funding Agreement with the Fountain Hills Sheriffs Posse to cover use of the funds. Page 2 — Mayor Nichols, Town Manager Pickering, Town of Fountain Hills 12% Funds to Promote Tourism and Fountain Hills Sheriff's Posse Replacement Vehicle The enclosed funds are delivered to the Town on the condition that the Town returns the funds to the Nation if the Town Council has not likewise approved both Intergovernmental Agreements on or before August 30, 2004. If the Town does not accept these funds on these terms, the Town must promptly return the check un-cashed. We hope to hear a favorable response from your Office regarding this notice. If you have questions or need additional information, please contact Vince Lujan, Assistant General Counsel, at your convenience at (480) 816-7192 or via email at vlujan(Z�ftmcdowell.org. Sincerely, FORT MCDOWELL YAVAPAI NATION R R. Bear President Enclosures (2): (1) Check for $55,000.00 (2) Intergovernmental Agreement w/Scope of Work (3) Tribal Council Resolution (redacted) cc: Tribal Council Orlando Moreno, General Manager Ronald Rosier, General Counsel File Copy Addressee Daniel Krouse, Treasurer Fountain Hills Sheriff's Posse P.O. Box 17114 Fountain Hills, Arizona 85269 Phone: 480-836-1555 FAX: 480-816-8494 Andrew McGuire Town Attorney Jorden Bischoff McGuire Rose & Hiser PLC 7272 E Indian School Rd Suite 205 Scottsdale, AZ 85251-0001 Fort McDowed YavapaiNation Lega[Depxtment - offia oft& G=m[Co=e! P.O. Box17779, `Fountain Hi!(s,AZ 85269-7779 Phone (480) 816-7180 FaX (480) 837-5374 Fort McDowell Yavapai Nation Proposition 202 Funding to Cities, Towns, & Counties Acknowledgement of Receipt of Documents July 22, 2004 ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge the receipt of the following documents from the Fort McDowell Yavapai Nation Legal Department: 1. Attached Transmittal Letter dated July 22, 2004. 2. Intergovernmental Agreement 3. Funding Agreement 4. Scope of Work 5. Tribal Council Resolution (redacted) 6. Check # ; Amount $ For (Signature of Agent) (Printed Name & Title) (Date) For the Fort McDowell Yavapai Nation: (Signature of Agent) (Printed Name & Title) (Date) o Z o V 0 Y) 0 g O a � LLI :D O ¢ * W 0 4 s [Co U) - rn w LL r z ¢ ¢ �� za 000 L 0 W LL. N cn; 5. O > _ U) N J YO=ry' ru Qwzo ::)- mWZ w o 1 Q N �. > D ¢0 p .a v LL N ■► N ry ru x F t f r. ru O O er ru Q ^ z m O ru -8 Z U co jOU ^ °° a }QXQt� 0 Z H co 00 �_• Cl) co_� N C 1 tJJQm-�o D cY m0 U c- _ o W 0 Z O _ O d L N ru Z Q W Z O w ccu c(n = '' U W LL O O •N = w p E c F- C co OO 0 � 3 E 3 ccoo O Fc-QF- ti LL �l * * } w Q 0 :r Hr 00 M - N T-J 0 a c E o o a Ln Ce) ti z N m rr O � O O z v fA �C c� p d t U }, � 0 o- O E o o a uS O O N N c A cD 75 C � c O O Q N Q E ai (A N o 04 2 � z O H z H w d V D E o N z 0 C O R 0 0 0 z O aU. ., o aci I c 0 6 , w H a z U o 0 cc cc O LL 0 0 0 0 O LO qe f- o z o V o C) 0 o Q C) o # # �o Er U) to w ? Cc w r co ,r, z z Q O co C7 p W LL N Cn O Zw¢r O = c n N >> > N J N r w J r Y o C" Zwz� Q — m W o ON w z Q Q o O - v ti N z" O a ^ ru z Z aO -WN o ° .. - >U� < Ln } U T Q r — O (a00 C) > O — a r; -�JO -jco Q Cn C A N — a) oco ri'1 rm W amp = Q = Um CL oD W d Z � C rL ❑ Z Q z C U L C6 .--a z Cl) o�(� O N w - OLL Q �.� O E O w f— CO o LL O z L "' c�D O W f- Cl) < LL H 2 } w a 0M:cl IL r- - 0 0 (M M N M V N Q Cn z z D O z O z a Q J W O O U F- CZ 0 LL 0 0 0 0 0 C) R O H �f ort -McDowell Yavapai Nation PO. BoX17779, Fountain HiLIs, AZ 85269 Phone (480) 837-5121 FaX (480) 83 7-163 0 President Raphael Bear Vice President Bernadine Boyd Tmzwer Pamela 96tt Andreas CounciC M=Ser Gruen Bahe CounciiMvnber Owen Do%a RESOLUTION TO AUTHORIZE THE PRESIDENT OR HIS DESIGNATED AGENT TO NEGOTIATE INTERGOVERNMENTAL AGREEMENTS AND FUNDING AGREEMENTS WITH CITIES, TOWNS, AND COUNTIES PURSUANT TO SECTION 12(d)(1) OF THE FORT MCDOWELL YAVAPAI NATION AND STATE OF ARIZONA GAMING COMPACT 2002 AND TO EXECUTE SAID DOCUMENTS Resolution No. Ft. McD 2004- X t' WHEREAS, Section 12(d) of the Fort McDowell Yavapai Nation 2002 Gaming Compact requires the Nation to contribute a percentage of its Class III gaming revenue to the State of Arizona; ard, WHEREAS, Section 12(d) of the 2002 Gaming Compact requires that twelve percent (12%) of such contribution ("Contribution(s)") be distributed either to: (1) cities, towns or counties for governmental services that benefit the general public, or (2) the Commerce and Economic Development Commission Local Communities Eund; and, WHEREAS, the Fort McDowell Tribal Council has determined that pursuant to Section 12(d)(1), the Nation will make Contributions to local governments for the following priorities and award amounts ("awards"): Local Government Town of Fountain Hills Project Award(s) l (1) Tourism $45,000.00 (2) Sheriff Posse Vehicle S10,000.00 Total: WHEREAS, it is the intent of the Tribal Council that these awards will be used to enhance governmental services to benefit the general public; and, Page 1 of 2 NOW THEREFORE, BE IT RESOLVED, that Tribal Council authorizes the President nr t,;(Z designated agent to enter into IntergnVP* - --+o1 s r, rF-F-r ,Pr,tc with the Town of Fountain Hills, _ If for the preceding awards; and, CERTIFICATION Pursuant to the authority contained in Article V, Sections 13(A)(6), (15), (23) and (B)(1) & (2) of the Constitution of the Fort McDowell Yavapai Nation, ratified by the Tribe on October 19, 1999 and approved by the Secretary of the Interior on November 12, 1999, was adopted this 20 day of Tiny , 2004, at a Tribal Council Meeting held at Fort McDowell at which a quorum of I/ members were present, / absent, by a vote of 3 for and O opposed and D abstained. l Rap -ael R. Bear dent, Tribal Council Pansy Thomas Date Tribal Secretary ' Page 2 of 2 4 Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A.R.S. §5-601.02 Fountain Hills, Arizona Em Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation (the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. §5- 601.02. Recitals A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A.R.S. §5-601.02. B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation, government or other private entity. C. The Town is authorized by A.R.S. §§5-601.02(1) and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting tourism in the State of Arizona and specifically the Town of Fountain Hills and surrounding communities (hereinafter the "Project"). An approved scope of work shall be appended hereto as Exhibit A governing the terms and conditions on the use of these funds. E. Town and Nation desire to enter into this Agreement to define the terms and conditions of this Project. 1%W F. The total cost of the Project is $45,000. 91%.004\FMYN 1GA —Prop. 202.2004-Tourism v2.doc 2 8.12.04-1 G. $45,000.00 is hereby made available for the Project from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino. H. The Nation intends to provide $45,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. §5-601.02 to complete the Project. I. Town and Nation have agreed that the Town shall complete the Project according to the terms and conditions set forth herein in addition to any supplemental agreements attached or incorporated by reference in consideration of the Nation providing the Funds. J. Town and Nation have agreed that this Project shall commence on the Effective Date of this Agreement, as defined below, and shall be completed within one (1) year after said date. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows: I. Project. The Project consists of the Nation providing the Funds to the Town to work with the Fountain Hills Chamber of Commerce Tourism Bureau (the "Tourism Bureau") to promote tourism in the Town of Fountain Hills and surrounding area. The Nation and the Town hereby approve the scope of work for the Project setting forth the activities, programs and uses to be covered by the Funds (the "Scope of Work"), attached hereto as Exhibit A and incorporated herein by reference. 2. Town Project Design and Management Responsibilities. The Town shall design and manage the Project pursuant to the Scope of Work. 3. Amendments to Approval of Scope of Work. After the Scope of Work has been approved as part of this Agreement, it shall not be amended, modified, or changed without the Nation's written consent. 4. Project Manager and Nation Representative. Town shall designate a Project Manager, and the Nation, at no cost to the Town, may designate a representative to liaison with the Project Manager during the performance of this Project. 5. Financing; reporting. A. Nation Deposit. The Nation shall deposit with the Town the amount of $45,000.00 within seven (7) days of the Effective Date of this Agreement. B. Reporting. Town shall submit a budget and report of expenditures along with any narrative report required according to the terms of this Agreement (i) six months after the Effective Date and (ii) within thirty (30) days after completion of this Project. C. Project Cost Savings. Town shall refund any amount of the Funds not expended for the Project. 9196.004\FMYN IGA —Prop. 202.2004-Tourismv2.doc 3 8.12.04-1 D. Use of Funds for Purposes Other Than to Fulfill Agreement and Scope of Work. Town ® shall use the Funds for the express purpose contained herein and Exhibit A, and is prohibited from using funds to supplant current or future funding levels. Any other use of a portion or all of the Funds for a purpose other than to fulfill this Agreement and Scope of Work shall constitute a material breach of this Agreement. In the event of a material breach, Town shall further lose future consideration for award of Section 12 Funds. 6. Inspection and Audit. To ensure compliance with the Scope of Work, the Nation may inspect any and all records maintained by the Town with respect to the Project upon seven (7) days prior, written notice to the Town. Duly authorized representatives of the Nation may perform an inspection or conduct a reasonable audit of books and records pertaining to the Project which are maintained by the Town in order for the Nation to satisfy itself that the monies on the Project have been spent and the Project completed in accordance with this Agreement. Town shall allow Nation reasonable access to the Project site and records pertaining thereto. This Section 6 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 7. Term and Termination of Agreement. A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized representative. B. Term. This Agreement shall commence upon the Effective Date and shall remain in full force and effect for a period of one (1) year thereafter. The Town shall have completed the Scope of Work with this term. C. Termination. For Cause. The Nation may terminate this Agreement for material breach of the Agreement by the Town, as described below. Prior to any termination under this paragraph, the Town shall be given written notice by the Nation of the nature of the alleged default. For any material breach other than misuse of the Funds, the Town shall have twenty (20) days to cure the default; the Town shall have ten (10) days to cure a default relating to misuse of the Funds. The following shall be considered a material breach: 1. Persistent disregard of applicable laws, ordinances, or rules and regulations or public authority having jurisdiction; 2. Refusing or failing to perform under this Agreement with such diligence as will ensure its timely completion within the agreed upon time, or failure to complete the work with such time; or 3. Use of the Funds to perform work outside the purpose of this Agreement, including the Scope of Work. 91%.004\FMYN IGA—Prop. 202.2004-Tourismv2.doc 4 8.12.04-1 I ® 4. Failure to comply with the budgeting and reporting requirements set forth in Section 5 above. 5. Failure to comply with the audit and inspection requirements set forth in Section 6 above. ii. For Convenience. The Nation may terminate this Agreement for convenience by giving thirty (30) days written notice to the Town. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. 8. Indemnification. A. Indemnification. The Town shall indemnify, defend, and hold harmless the Nation, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the Town, its employees or agents in performing the duties set forth in this Agreement. For other matters arising from the Town's performance of this Agreement and Exhibit A, the Town agrees to hold harmless the Nation, its governing body, officers, departments, employees and agents. B. No Liability for Other Parry's Debts and Obligations. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees. C. Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. §12-821.01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. A. Entire Agreement. This Agreement constitutes the entire agreement between the parties - pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superceded and merged herein. B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. 9196.004\FMYN IGA — Prop. 202.2004-Tourismv2.doc 5 8.12.04-1 iu 11 D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. E. Days. Days shall mean calendar days. F. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 10. Waiver. Waiver by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein. 11. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. "Uncontrollable forces" means any cause beyond the control of the party affected, including but not limited to flood, earthquake, fire, epidemic, Acts of God, or an order declaring a national emergency, which by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 12. Notification. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (1) 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 or (iii) given to a recog- nized and reputable overnight delivery service, to the address set forth below: For the Fort McDowell Yavapai Nation: Raphael Bear, General Manager Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 For the Town of Fountain Hills: Ronald Rosier, General Counsel Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 Timothy Pickering, Town Manager Andrew McGuire, Town Attorney Town of Fountain Hills JORDEN BISCHOFF MCGUIRE ROSE & HISER, P.L.C. 16836 Palisades Boulevard 7272 East Indian School Road, Suite 205 Fountain Hills, AZ 85268 Scottsdale, AZ 85251 91 %.004\FMYN IGA — Prop. 202.2004-Tourism v2.doc 8.12.04-1 0 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 VOW received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (Ili) 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. 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. 13. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 14. Non -Waiver of Sovereign Immunity. Nothing in this Agreement or Exhibit A shall be construed to waive the Sovereign Immunity of the Nation. IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. ATTEST: Pansy T omas Secretary, Tribal Council Fort McDowell Yavapai Nation (2—oc,64 Date ATTEST: Bevelyn J. B der Town Clerk Town of Fountain Hills Yr_/9_6W `4.! Date FORT MCDOWELL YAVAPAI NATION Rapti el . Bear Preside- , ribal Council Fort McDowell Yavapai Nation TOWN OF FOUNTAIN HILLS TimorKy G. Pickering Town Manager Town of Fountain Hills 91 %.004\FMYN IGA — Prop. 202.2004-Tourism. v2.doc % 8.12.04-1 The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in `w proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Ronald Rosier, General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. 0, �' M'r' g' l`1- An J. McGuire, Town Attorney Date 9196.004\FMYN IGA - Prop. 202.2004-Tounsrnv2.doc g 8.12.04-1 EXHIBIT A SCOPE OF WORK SCOPE OF WORK If granted additional designated tourism funding from the Fort McDowell Yavapai Nation under the provisions of Proposition 202, The Fountain Hills Chamber of Commerce Tourism Bureau will be able to broaden the awareness of the "FOUNTAIN HILLS / FORT MCDOWELL — TAKE A PEAK' destination, as well as increase its advocacy for regional tourism development efforts to benefit the Fountain Hills and Fort McDowell communities. The following outlines intentions for programs that would be funded: • Public Relations / Publicity $20,000.00 • Trade Show Display $10,000.00 • Media Familiarization Tours $10,000.00 • Tour Operators/Travel Agents Familiarization Tours $5,000.00 TOTAL $45,000.00 Public Relations / Publicity Notable success with obtaining publicity for the Fountain Hills / Fort McDowell destination has been achieved through the retention of a professional public relations firm. Image Quest Public Relations has been the contractee for this work during the past fiscal and it is anticipated they will continue in that capacity. Various articles about the destination — and about Fort McDowell in particular were generated this past year, amounting to many thousands of dollars worth of positive exposure. A principle use of funds received from the Fort McDowell Nation for the coming year will be for the continuation and expansion of these PR efforts. Trade Shows & Trade Show Display The Fountain Hills / Fort McDowell destination spent the past year preparing for being able to properly exhibit at trade shows. Trade shows are a proven effective means of developing new business by meeting first-hand with entities and individuals from the trade that generate visitors (tours) to, as well as publicity for, destinations. The creation of a logo/brand and business systems including presentation folders, as well as the production of the new official guidebook give the Bureau the basic promotional elements needed to effectively operate at a trade show. The important remaining missing element is a trade show display that draws attention to the destination and its brand amid the scores of competing displays at any given show. The first order of business in utilizing funding from the Fort McDowell Nation will be to obtain the needed trade show display. Attending trade shows involves various costs including exhibit rentals and related drayage, equipment and services fees, and travel and entertainment costs. A $30,000 budget for trade shows should allow for the Bureau to attend at least 6 selected trade shows during the year. 9196.004\FMYN IGA — Prop. 202.2004-Tourismv2.doc 9 8.12.04-1 I Media & Trade Familiarization Tours Familiarization tours are highly effective means of promoting a destination as they afford the Cr opportunity to have important clients (tour operators; travel agents) and media representatives (trade and consumer publication editors & writers) experience the features and benefits of a destination first hand. Ideally, these "fam" tours result in new tour programs being developed and sold by tour operators, and new stories being written and published about the destination, the value of which is considerable as compared to the cost of placing advertising. El 0 Scope of Work Page 2 ************* 9I96.004\FMYN IGA — Prop. 202 2004-Tourismv2.doc 1 O 8.12.04-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 8/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvue of Document Needing ADaroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check AnorOnriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:[--] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-44, correcting an error in Resolution No. 2003-52, passed and adopted on September 4, 2003, and establishing an effective date; Case #S2003-04. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Correction of error on previous Resolution 2003-52 passed by the Council at the September 4, 2003 meeting. List All Attachments as Follows: Staff Report & Resolution Type(s) of Presentation: None Signatures of Submitting Staff: Department Head /off f Town Manager / lbesignee Budget Review (if item not budgeted or exceeds budget amount) ,%W TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor Nichols and DT: August 12, 2004 Town Council FR: Dana Burkhardt, Senior Planner ram, RE: Resolution 2004-44; Coyote run Plat '�-18 abandonment; Case # S2003-04 LOCATION: 15445 E. Sycamore Dr.; Final Plat Coyote Run REQUEST: Consideration of RESOLUTION 2004-44 correcting Resolution 2003-52 and abandoning the Final Plat of Coyote run as recorded on Book 381, page 33, of the records of Maricopa County, Arizona; Case #S2003-04 PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: Michael Namie APPLICANT: Michael Namie EXISTING ZONING: "R1-35", Single-family Residential EXISTING CONDITION: Undeveloped LOT SIZE: 2.41 acres SURROUNDING LAND USES AND ZONING: NORTH: Single Family; zoned "R1-8" SOUTH: Sycamore Wash; zoned "R1-35" EAST: Single-family; zoned "R1-35" WEST: Undeveloped lot; zoned "R1-35" SUMMARY: Resolution No. 2003-52, passed by Council at the September 4, 2003, meeting, abandoning the "Final Plat of Coyote Run" as recorded on Book 381, Page 33 of the records of Maricopa County (the "Resolution"), was passed with an error. The plat that Council intended to revert back to (603-A Amended, Block 3, Lots 12 & 13) via the resolution is actually recorded on Book 196, Page 28 of the records of Maricopa County, rather than Book 176, Page 28, as stated in the resolution. Instead of filing a Notice of Erratum with Maricopa County, staff felt that a new resolution, correcting the error would be a cleaner way of addressing the error. Accordingly, Staff has placed such a resolution on the consent agenda for the August 19, 2004, meeting to ensure that the plat that Council intended to revert back to after the abandonment of "Coyote Run" is indeed the correct plat. RECOMMENDATION: Staff recommends approval of Resolution 2004-44. RESOLUTION NO. 2004-44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, CORRECTING AN ERROR IN RESOLUTION NO. 2003-52, PASSED AND ADOPTED ON SEPTEMBER 4, 2003, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") passed and adopted Resolution No. 2003-52 on September 4, 2003 (the "Resolution"), abandoning the "Final Plat of Coyote Run" as recorded in Book 381, Page 33 of the records of Maricopa County and reverting back to the "Fountain Hills Arizona Final Plat No. 603-A Amended" as recorded in Book 176, Page 28 of the records of Maricopa County; and WHEREAS, the Maricopa County Book number referenced in the Resolution is incorrect with respect to the "Fountain Hills Arizona Final Plat No. 603-A Amended", and the correct Book number is 196; and WHEREAS, the Town Council desires to correct the error in the Resolution. 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 Coyote Run" as recorded in Book 381, Page 33 of the records of Maricopa County is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 603-A Amended" as recorded in Book 196, Page 28 of the records of Maricopa County. SECTION 2. That this Resolution shall take effect immediately. SECTION 3. 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 and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 20": FOR THE TO" OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichgl"s,Mayor REVIEWED >3�' Timothy G. Pickering, Town Manager NOR W0,00, APP OVED AS TO FORM: c Andrew J. McGuire, Town Attorney 9196.001\... \2004-44 Coyote Run.correct.res.doc 8.12.2004-1 c Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:❑ Meeting Date: 08/ 19/2004 Contact Person: Tim Pickering Requesting Action:❑ TVDe of Document Needing Approval (Check all that appl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of approving the request from the Senior Services of Fountain Hills to release funds in the amount of $55,000 as approved within the Fiscal Year 2004-05 budget. Staff Recommendation: Approve Fiscal Impact: Yes $55,000.00 Purpose of Item and Background Information: The local Fountain Hills Senior Services had requested during the current fiscal year that the Town budget $55,000 for their program. This request was approved and included in the Fiscal Year 2004-05 budget. This action will simply release the money to the fund. List All Attachments as Follows: Letter from Senior Services of Fountain Hills Type(s) of Presentation: None Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\wpdata\agenda cover sheet.doc ® SENIOR SERVICES OF FOUNTAIN HILLS P.O. Bog 18561 Fountain Hills, AZ 85261 July 14, 2004 Tim Pickering Town Manager 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Dear Mr. Pickering: This letter is written to request funding for our 2004-2005 budget allocation of $55,000. We would appreciate receiving the funds allocated to Senior Services at the earliest possible date convenient to the Town's accounting system. Thanks for your assistance in this matter. Sincerely yours, John S. O'Flynn President SENIOR SERVICES OF FOUNTAIN HILLS P.O. Box 18561 Fountain Hills, AZ 85261 July 14, 2004 Tim Pickering Town Manager 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Dear Mr. Pickering: This letter is written to request funding for our 2004-2005 budget allocation of $55,000. We would appreciate receiving the funds allocated to Senior Services at the earliest possible date convenient to the Town's accounting system. Thanks for your assistance in this matter. Sincerely yours, Xoy- John S. O'Flynn President Jr (t (l(0 Aw -5-ee Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/19/04 Submitting Department: Law Enforce./Fire Depart. Contact Person: Kleinheinz/Zimmerman Consent:❑ Regular:❑ Requesting Action:❑ TVne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check 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: Quarterly Report from the Fire Department and law Enforcement. Staff Recommendation: Fiscal Impact: No $ *40w Purpose of Item and BacklZround Information: To provide an opportunity to inform the council and public of the operating status of the law enforcement agency and the fire department. List All Attachments as Follows: Powerpoint presentations Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Hea Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) eAlaw enforcement and fire department agenda cover sheet.doc C Fountain lH['lLift lE uiralll / lMle ttiro lF iure lD>elpairtinrneinit 4th (9[ttir it elp oirtr 2003)-20019 +rdl < )Iur 2(0(03—Zomo)�� X IR es po inise volhuannie aund ity pe X IR es point e it mneb- X Tiratiuniung hours X lure IPireveint uoint auc6MLtiues X A\dditaournaill activities x Yearly Irecailp 1 0 Call Volume Comparison 1000 937 892 900 800 694 700 600 522 500 484 427 400 346 362 300 224 200 100 62 43 53 0 4th qtr 02/03 3rd qtr 03/04 4th qtr 03/04 11 Emergency calls ❑ Non -emergency calls 0 Cancelled prior to arrival ■ Total Calls 0 600 Call Type Comparison 500 487 480 400 353 300 285 291 193 200 100 21211 0 3 1176 5 2 1915240 1 12250 3 5 520173 6 12193 5 1 0 4th qtr 02/03 3rd qtr 03/04 4th qtr 03/04 ❑ EMS Life Threat E3 EMS Urgent o EMS NonLife Threat ® Grade 1 ❑ Haz Mat ■ Code 3 Special Duty ■ Service Call (snakes, etc) 0 Still ■ Traffic Accident O Stricture Fire Comm ® Structure Fire Res 0 Brush Fire 2 u Average Response Times 7:12 6:05 6:00 4:50 4:48 ❑ Emergency response times 3:36 3:38 3:32 3:31 3:29 ■EMS y, response times 2:24 i O Average response all N calls 1:12 0:00 3rd qtr 03/04 4th qtr 03/04 4th Quarter Training Hours 600 500 480 442.5 400 300 272 ❑Skill 235.5 200 203 202.5 o Knowledge too 0 822 823 Total 3 Average Monthly Training Hours per FH assigned firefighter - 18 hours 10 9 9 9 8 73 g �• 5 4 t 3 2 1 0 Hours ❑ Skill ❑ Knowledge 0 Fire Prevention Activity 400 350 350 300 297 301 283 293 250 200 180 150 100 50 18 10 12 0 4th qtr 02/03 3rd qtr 03/04 4th qtr 03/04 ❑ Plan Review ❑ Inspections 13 Permits 4 Activities for the quarter x lCoinnllplhetedl aununnulall lNure 1hydllraurnit iunsjpecitaomis x 11437 1hlwdlraurnts lunispecltedl x nS ]h yd ratan is cuirlrein tllw ,onunt (of service x n.2 '%� of lhlyd atin t5 out of service x approx. �q aure to be relptaucedl x odhlelrs roueed Its be lrebuU Lilt, ]ralised, etc. X ICICWC ,aunAl 1F]Dl 1hlalve al very go)(od lrelLautu(oml-lhullp 11 5 R .7 0 Yearly Call Type Comparison 1400 1292 1224 1197 1200 1100 1000 800 600 400 200 87 72 93 77 58 56 75 22 25 2 9 34 15 23 5 5 15 9 16 12 0 2002-2003 2003-2004 ❑ EMS Life Threat O EMS Urgent O EMS NonLife Threat O Grade 1 i7 Haz Mat ■ Code 3 Special Duty ■ Service Call (snakes, etc) O Still ■ Traffic Accident ❑ Structure Fire Comm ® Structure Fire Res O Brush Fire 0 Yearly Response Time Comparison 6:00 4:48 3:36 2:24 1:12 0:00 Emergency calls Non -emergency calls Average Response all calls 0 2002-2003 ■ 2003-2004 31 M 0 Yearly Fire Prevention Activity Comparison 1200 1131 1136 1000 946 800 720 600 400 200 51 36 2002-2003 2003-2004 O Plan Review 0 Inspections o Permits I* Yearly Monthly Average Training Hours Per FH assigned firefighter - iq hours - 11 1 10 0 9 s 8 7 6 6 4 3 2 1 0 Hours 0 Skill 0 Knowledge • 7 ... Calls For Service 4000 3484 3510 3500 .; 3000 2500 ®'03-'04 2000 0 '02-'03 1500 1000 500 0 4th Qtr'02-'03 3rd Quarter 4th Quarter 1 �1 •*• • • • gar •�aa; Reports Taken 560 541 540 520 500 516 _ _ _ 0 '03-'04 0 '02-'03 480 465 460 440 420 s 4th Qtr '02-'03 3rd Quarter 4th Quarter •::0 Criminal Homicide 1.2 1 1 0.8 UCR 0.6 103-104 0.45 113 '02-'03 0.4 0.2 M 0 0 0 4th Qtr '02- 3rd Quarter 4th Quarter UCR '03 2 •ems+►::. Robbery ,t 12 10 9.74 8 UCR 6 '03-'04 '02-'03 4- 2- 0 0 0 4th Qtr '02- 3rd Quarter 4th Quarter UCR '03 E 3 00• •000 0000 • 0 0 Aggravated Assault .. 0 r z. 25 19.76 20 UCR 15 0 '03-'04 '02-'03 10 5 go 0 4th Qtr '02- 3rd Quarter 4th Quarter UCR '03 E L"- �J 000 0000 •oo oetz Thefts . �; 250 207.67 200 162 150 UCR 83 105 100 '02-'03 50 0 4th Qtr '02- 3rd Quarter 4th Quarter UCR '03 C 5 El Traffic Citations 900 800 747 700 600 500 443 '03-'04 400 13 '02-'03 300 200 100 0 4th Qtr '02-'03 3rd Quarter 4th Quarter ....:. Traffic Accidents 2000 1800 1739 1600" 1400 1200 El '02-'03 1000 ` 13 '03-'04 800 600 400 200 0 4th Qtr '02-'03 3rd Quarter 4th Quarter CJ m 11 •new Yearly Totals !': 00010 14000 12000 7 10000 8000 '03-'04 6000 El '02-'03 4000 2930 19121703 15 62 2000' 0 Calls Reports Citations 7 •�s� •s• r. Yearly Totals cont. 350 298 300 250 200 '03-'04 155 153 150 0 '02-'03 100 50 0 Burglary Stolen Vehicles Thetis s Posse Hours • The Sheriff's Posse of Fountain Hills volunteered 2704.5 hours this quarter. 8 Ev, ••••• •••• •••• Note on UCR Data t«• • Uniform Crime Report (UCR) data is collected by the FBI from over 17,000 Law Enforcement Agencies. • It is broken down into two main categories: Violent Crimes (Homicide, Sexual Assault, Robbery, Aggravated Assault), and Property Crimes (Burglaries, Stolen Vehicles, and Thefts). • This data is broken down and used to calculate crime rates nationally, and in metro areas. • The UCR figure given here is the one quarter year crime rate average per 22,000 population for the Phoenix Metropolitan area based upon the last full year (2002) available from the FBI. 11 11 9 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:❑ Meeting Date: 8/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Public Hearings & Consideration of Resolution 2004-39 and Ordinance 2004-14, a concurrent request for a minor General Plan Land Use Map amendment and rezoning of lots 68 and 69, Final Plat 414, from Industrial (IND-21UPD) to Multi-Family/High Density Residential (M-3); Case #'s GPA2004-01 & Of Z2004-04. Staff Recommendation: Disapprove Fiscal Impact: No $ Purpose of Item and Background Information: Staff has combined the reports for the proposed General Plan Amendment and concurrent rezoning request. On July 22, 2004, the Planning and Zoning Commission unanimously recommended the Town Council deny Resoltuion 2004-39 and Ordinance 2004-14. Please see the attached report for details. List All Attachments as Follows: Staff Report; P&Z Meeting Minutes; Resolution 2004-39; Ordinance 2004- 14; Area Context Map; Existing HPE Exhibit; Application & Plan Reductions Type(s) of Presentation: None Signatures of Submitting Staff: D partment 7 tA9 own Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMORANDUM TO: The Honorable Mayor Nichols and DT: August 18, 2004 Town Council FR: Dana Burkhardt, Senior Planner RE: Consideration of Resolution 2004-39 & Ordinance 2004-14; Village @ Firerock Multi -family General Plan Amendment & Rezone request; Case #GPA04-01 & Z04-04 The purpose of this memorandum is to provide an update and additional information on the above referenced Staff Report. Staff has attached an updated "Town Council Agenda Action Form", which convects an error made in the "Staff Recommendation" portion of the form. Staff recommends DISAPPROVAL of the General Plan Amendment and Rezone request. Please refer to the Staff Report Memo to Council dated August 11, 2004, for further details on this recommendation and an analysis of the requests. Also find attached, a 24"x36"copy of the proposed conceptual site plan, and a copy of the approved and recorded "Firerock Industrial Park Alternative Hillside Preservation Agreement" for your review. In addition to the above, Council Member Archambault inquired on the nature of the existing Special Use Permits (SUP's) for the construction equipment storage yard, the truck rental, and the RV/vehicle storage yard located north and east of the subject property. These SUP's were permitted without time limit, and as with most all SUP's in the Town, they run with the land they were approved for. The Town Council may revoke SUP's if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. A Zoning Ordinance text amendment would be required to allow these special uses to operate by right for all properties located in the IND-1 & IUPD Zoning Districts. MCO Custom PROPERTIES E17 Wednesday, August 18, 2004 Ms. Molly Bosley Planning and Zoning Administrator Town of Fountain Hills 16836 E. Palisades Blvd Fountain Hills, AZ 85268 Re: Lots 68 & 69, Final Plat 414 Dear Ms. Bosley, MCO Custom Properties, for the applicant, hereby requests a thirty (30) day extension for the following Town Council Agenda items listed below scheduled for August 18, 2004 These Agenda items are: #23: Public Hearing regarding Resolution 2004-39, a request for a minor General Plan Land Use Map amendment from Industrial to Multi -Family. #24 Consideration of Resolution 2004-39, a request for a minor General Plan Land Use amendment from Industrial to Multi -Family. #25 Public Hearing regarding Ordinance 04-14, a request to rezone Lots 68 and 69 from "IND-2 IUPD" to "M-3" #26 Consideration of Ordinance 04-14, a request to rezone Lots 68 and 69 from "IND-2 IUPD" to "M-3" MCO and the applicant are working with the neighborhood groups and request that these Town Council Items listed above be rescheduled for the Town Council Meeting on September 16, 2004. Sincer ly, even Cobb Project Engineer CC: Greg Bielli 1 OF 1 16930 E PALIS,'\DES BLVD.• FOUNTAIN HILLS, AZ 85268 PHONE '480) 837-9666 X 303 • FAX: (480) 837-1677 BDUTTON @NICOPROPERTI ES.COM Town of Fountain Hills Town Council Agenda Action Form "Im- Meeting Type: Regular Meeting "%or Submitting Department: Public Works Consent:❑ Regular:❑ Meeting Date: 8/ 19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Annroval (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 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 Regular Agenda Wording: Public Hearings & Consideration of Resolution 2004-39 and Ordinance 2004-14, a concurrent request for a minor General Plan Land Use Map amendment and rezoning of lots 68 and 69, Final Plat 414, from Industrial (IND-2 IUPD) to Multi-Family/High Density Residential (M-3); Case #'s GPA2004-01 & Z2004-04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Staff has combined the reports for the proposed General Plan Amendment and concurrent rezoning request. On July 22, 2004, the Planning and Zoning Commission unanimously recommended the Town Council deny Resoltuion 2004-39 and Ordinance 2004-14. Please see the attached report for details. List All Attachments as Follows: Staff Report; P&Z Meeting Minutes; Resolution 2004-39; Ordinance 2004- 14; Area Context Map; Existing HPE Exhibit; Application & Plan Reductions - Type(s) of Presentation: None Signatures of Submitting Staff: (W Town Manager / i Budget Review (if item not budgeted or exceeds budget amount) gnee TOWN OF FOUNTAIN HILLS �.• PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor Nichols and DT: August 11, 2004 Town Council FR: Dana Burkhardt, Senior Planner RE: Consideration of Resolution 2004-39 & Ordinance 2004-14; Village @ Firerock Multi -family General Plan Amendment & Rezone request; Case #GPA04-01 & Z04-04 LOCATION: Lots 68 & 69 of Final Plat 414, located on the northeast corner of Saguaro Blvd. and Technology Dr., south of Four Peaks Plaza. REQUEST: Consideration of Resolution 2004-39 and Ordinance 2004-14, a concurrent request for a minor General Plan Land Use Map amendment and rezoning of lots 68 and 69, Final Plat 414, from Industrial (IND-2 IUPD) to Multi- Family/High Density Residential (M-3); Case #'s GPA2004-01 & Z2004-04. OWNER: MCO Properties L.P. APPLICANT: Louis Pappan EXISTING ZONING: "IND-21UPD" Industrial Unit Planned Development Zoning District PROPOSED ZONING: "M-3" Multi -Family Residential Zoning District PARCEL SIZE: 5.39 ac (234,788.4 sf) EXISTING CONDITION: Undeveloped land SURROUNDING LAND USES AND ZONING: NORTH: Four Peaks Plaza, aka Target; zoned "C-2 PUD" & "IND-1" SOUTH: Multi -family Residences; zoned "M-l" EAST: Maricopa Cnty. Sheriff's Posse Station and Fire Station; zoned "R-3" WEST: U-Haul and Van's Storage Facilities & R.E.Monk's Construction offices and heavy equipment storage yard; zoned "IND-l" & "IND-2 IUPD" RECOMMENDATION: The Planning Commission and Staff recommend the Town Council deny Resolution 2004-39, to amend the General Plan Land Use Map; and deny Ordinance 2004-14, to rezone the land from "IND-1 IUPD" to "M-3", for the reasons summarized below: • The General Plan does not recommend a reduction in the Town's industrial land inventory. Actually, the Town lacks substantial employers to accommodate the employment needs of the existing and planned population. Having vacant industrial land available is fundamental to achieving "Goal One" of the General Plan, which is to provide a community that is competitive and attractive to business. 1 • The General Plan does not identify the need for additional residential land and recommends any new multiple family uses to be concentrated in the Town Center area, such as in mixed -use developments. • The remaining undeveloped industrial zoned land consists of seven lots, which total approximately 12 acres inclusive of the subject lots. The subject lots comprise of approximately 50% of all the remaining undeveloped industrial land. The remaining five undeveloped lots each equal less than one acre in size, which will not accommodate a major employer. • Rezoning this property will adversely affect the existing development potential on the adjacent industrial and commercial land. Some of the abutting uses, such as "Van's Storage" are grossly underutilized. The development potential on the abutting sites would be reduced due to required increased setbacks and buffers from residentially zoned land. Further, any discretionary requests to increase the utility of the abutting industrial land will likely be opposed due to nuisances that may be created or that may already exist. • The proposed residential design is incompatible with the adjacent uses. Nuisances exist from the abutting uses such as parking lot lighting and security lighting located along the north property boundary, 24-hour loading and unloading, and other outdoor commercial and industrial activities. The applicant proposes virtually no buffering from the commercial and industrial uses, particularly for the second story units where there are obvious visual, dust, and noise nuisances. • There is also a 20' wide concrete drainage channel located along the entire north property boundary that is marginally appropriate for the industrial uses it is intended to serve. In the event the Town council wishes to recommend approval of these requests, Staff recommends a Planned Unit Development (M-3 PUD) be adopted to include a minimum 30' landscape buffer adjacent to the Technology Drive and the Four Peaks Plaza property lines, with exception to the undisturbed areas. Within that landscape buffer, provide minimum 48" box trees to provide effective screening from adjacent uses in a quantity as prescribed by the "TCC" Town Center Commercial Zoning District landscape requirements. Only sidewalks and 42" high landscape walls may be constructed within the 30' landscape buffer. Additionally, staff recommends that the concrete drainage channel located along the north property boundary be piped underground and landscaped to provide additional buffering and safety to potential residents. SUMMARY: This is a request from Louis Pappan and MCO Properties, L.P., to amend the General Plan Proposed Land Use Map from the existing Industrial (I) land use designation to Multi- family/High Density Residential (MF/H). The applicant has also requested the Town process the rezoning application concurrently with the proposed General Plan amendment. The following report includes staff's evaluation of both requests and the proposed resolution and ordinance coinciding with those requests. The applicant has provided a conceptual site plan for review with this request. The conceptual site plan provides for ten residential buildings, with six dwelling units per building, and an 2 amenity area, pool, and structure. The conceptual plan provides a density of 11.13 dwelling units per acre, where the M-3 zoning district allows up to a maximum of 12 dwelling units per acre. The conceptual site plan illustrates access to the project from both Saguaro Blvd. and Technology Dr. Main access is proposed from Saguaro Blvd. and an exit only is located on Technology Dr. EVALUATION: Conformance to the General Plan The purpose of this section is to analyze the consistency of the proposed amendment with the Town's vision, goals, and objectives. The "Residential Land Use Guidelines" contained in the General Plan provide for Multi-Family/High Density Residential developments: "...to be encouraged in the Town Center area between existing residential and commercial areas or as buffers to lower density residential areas located along arterial roadways, or adjacent to commercial areas. Projects proposed for these transitional zones between existing development areas should be developed with exceptional design, enhanced site amenities, extensive landscape setbacks from the roadway corridor and controlled access to the arterial roadway corridor" (p.21). The General Plan "Land Use Forecast" (p.25 & 26), which is based on the projected population increase (29,256 at time of build -out 2012), estimates that the total required acreage to accommodate the future population of the town is sufficient, without the need to designate additional residential lands. It is estimated that with the existing projections and land use mix, sufficient residentially designated lands exist in all residential land use categories to support the forecasted growth through the year 2012. Although all undeveloped zoned lands will not necessarily be developed to their highest use due to a variety of potential constraints (e.g. physical, environmental, access) there appears to be more than enough residentially zoned land in Fountain Hills to support forecasted housing needs through the year 2012. Evaluation of commercial and industrially zoned lands indicates that no increase will be required to fulfill the projected net requirement through the planning horizon year 2012. The existing undeveloped industrial zoned land consists of 7 lots, which total approximately 12 acres inclusive of Lots 68 and 69. Lots 68 and 69 comprise 5.39 acres of land while the five remaining available lots are one acre or less in size. In a recent economy report from the Arizona Department of Commerce dated May 2004, the total employment for Fountain Hills is approximately 55 percent less than the national and Arizona averages. This statistic presents that a large number of Fountain Hills residents commute to work in other communities. Leaving Lots 68 and 69 in their current land use designation would provide an opportunity for a development that could be a major employer for the community and expand the Town's sales tax base. This option would further "Goal One" of the General Plan (p.43), to provide a community that is competitive and attractive to business. 3 Conformance to the Zoning Ordinance The principle purpose of the "M-3" Multi -family Zoning District is to provide for multiple - family residential developments in locations which are suitable and appropriate, taking into consideration existing conditions, including present use of land, future land use need, and the availability of public utilities. The minimum required lot area is 24,000 square feet, and the minimum lot area required for each dwelling unit is 3,630 square feet (12 du's per ac). Principle uses permitted in these Zoning Districts include two-family dwellings, multiple -family dwellings and the uses permitted in the single-family residential Zoning Districts. The size and dimensions of the subject property meet the minimum requirements of the "M-Y Zoning District. The subject property is primarily bordered by existing commercial and industrial developments (see Area Context Map attachment). Active mini -storage and outdoor vehicle storage uses characterize the development located across Technology Drive, west/southwest of the proposed project. The Van's Storage site is located within the "IND-1" Planned Industrial Zoning District, and is developed with a series of ten enclosed storage structures on the north half of the site. The south half of the Van's Storage property is currently used as an outdoor automobile and RV storage lot, which may be developed with the uses permitted in the "IND-1" Zoning District. The "IND-1" Zoning District provides a maximum building height of forty feet, and may be operated 24 hours a day, seven days a week. The U-Haul site is fully developed and may also operate 24 hours a day, seven days a week. Eight -foot concrete masonry walls enclose the U-Haul site and Van's Storage site. The "Four Peaks Plaza" commercial retail project abuts the north/northeast boundary of the subject property. A drainage easement containing a twenty -foot wide concrete drainage channel directly abuts the north lot line. A six-foot block wall exists on top of the channel embankment to screen the outdoor unloading areas located in the rear of the retail buildings. The concrete drainage channel is approximately three to five feet deep in areas. Staff believes this exposed channel poses life safety issues to adjacent residences, such as fall and water hazards, and may be subject to vandalism and other unwanted activities. Staff believes that the adjacent uses described above will have adverse impacts on the proposed residential use. The Target property has late night and early morning deliveries on a regular basis, which would occur within 90' of a proposed building location. The Target property also provides 24-hour security lighting in the rear of the building and existing pole mounted parking lot lights (20' tall) located directly adjacent to the northern property boundary. The "Four Peaks Plaza" business hours are from 6 AM to 12 AM Monday mornings through Friday Mornings, and between the hours of 6 AM and 1 AM on Saturday and Sunday Mornings. Staff has communicated the concerns of these nuisances to the applicant and suggested greater landscape buffers along the Technology Drive frontage and the northern property boundary. The conceptual design as presented provides paved drive aisles and parking spaces within the setbacks adjacent to the commercial and industrial properties. The design leaves little to no area for landscape trees to buffer from the adjacent uses. The proposed second story elements would be directly exposed to the noise, dust, light, and visual nuisances of the commercial and industrial uses. M The existing "IND-2 IUPD" zoning designation on this property restricts building heights to a maximum 22' from existing grade. Staff acknowledges that the height restriction can be unappealing to some prospective industrial users. An amendment to the ordinance to allow for greater heights is an option for perspective users, as well as an Economic Development Agreement. The properties located south of Saguaro Boulevard, adjacent to this site are zoned for multi- family. The existing uses include the Fountain Hills Fire Department Station #2 and the Maricopa County Sheriff's Posse Station. These uses would pose minimal impacts to the proposed multi -family project. Land Disturbance On May 17, 2001, the Town Council approved and adopted a Hillside Preservation Development Agreement with MCO Properties to accept a Hillside Protection Easement (HPE) over a portion of the subject property. The HPE (see Existing HPE attachement) and agreement provides an 80' wide strip of natural area and landscape buffer along the Saguaro Boulevard frontage. The purpose of this agreement is to provide a buffer for the residentially zoned property located south of Saguaro Boulevard. The agreement also aggregates the required hillside preservation areas through an alternative hillside methodology to allow greater utility of the property for industrial uses. In the event the proposed General Plan amendment and/or rezoning are approved, the Town would need to review and approve any revisions to the existing HPE on the site. Planning Commission Findings On July 22, 2004, the Planning & Zoning Commission voted unanimously to recommend denial of these requests. The Commission primarily believed that the proposed residential use was incompatible to the abutting and surrounding industrial uses and commercial activities. Members of the Planning Commission commented that the proposed zone boundaries and limited land area of the request displayed characteristics of a "spot zone". Please see "Attachment A" of this report for the complete Planning & Zoning meeting minutes for these agenda items. Two members from the public spoke in support of these requests. Attachments: A) July 22, 2004 Planning Commission Minutes (partial) B) Proposed Resolution 2004-39 C) Proposed Ordinance 2004-14 D) Area Context Map E) Existing HPE F) Applications & Plan Reductions E AGENDA ITEM #5 PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2004-38, A REQUEST FOR A MINOR GENERAL PLAN LAND USE MAP AMENDMENT OF LOTS 68 AND 69, FINAL PLAT 414, FROM INDUSTRIAL TO MULI-FAMILY/HIGH DENSITY, CASE NUMBER GPA2004-01. Public Hearing opened at 7:30 PM Dana Burkhardt gave the presentation on the General Plan Amendment and included the Rezoning request Ordinance 2004-14, in his presentation. Mr. Burkhardt referred to a PowerPoint Presentation. Staff recommended denial of Resolution 2004-38, to amend the General Plan Land Use Map and denial of Ordinance 2004-14, to rezone the land from "IND-1 IUPD" to "M-3". Chairman Downes stated that the following discussion would include both items as one issue, but the vote would be separated because the items were itemized separately on the agenda. Chairman Downes also clarified that the discussion would not focus on a conceptual plan. He continued that the submittal was a general concept plan proposed. Chairman Downes expressed to the Commissioners that a zoning other than "M-3 could be approved for this project. Vice -Chairman O'Brien brought to the attention of the Commission and Staff that the request appeared to be a situation of "Spot Zoning". Vice -Chairman O'Brien stated he would like a clarification to whether this was allowed. Mr. Burkhardt answered that the definition of "Spot Zoning" was reviewed and that Staff did not consider this to fall in the category of "Spot Zoning". Mr. Burkhardt continued that if the Commission viewed it as "Spot Zoning", it would be their decision. Chairman Downes stated that since this area was adjacent to an R-3 zoning, legally it could not be considered "Spot Zoning". Chairman Downes stated that he and Mr. Burkhardt researched this question and came to that conclusion. Steve Vargo, Vice -President of MCO Properties, gave a brief history of the property and explained the difficulties in selling the property because of deed restrictions imposed. Mr. Vargo stated that this would be a good transitional use for the property and would be received by the neighbors in this area. Chairman Downes pointed out that a copy of the 1989 deed restrictions were sent to all the Commissioners except Commissioner Brown, who could not be reached. Chairman Downes asked who imposed the deed restrictions. Mr. Vargo stated he was not exactly sure because in 1989, he was not employed with MCO. Wade Felkins, Landmark design, 3009 E. Menlo Street, Mesa, Arizona, Principal Architect for the project, explained the design and how it would work on the proposed site. Mr. Felkins explained that there would be restrictions on what could be built on this site. He continued that the plan was to build an upscale development. Commissioner Forest commented that she could not see anyone wanting to live that close to commercial and industrial property and she questioned how the project could be so upscale. Wade Felkins answered that there are residences that like the access to major roads. Mr. Felkins continued that singles, empty nesters, retired people that would enjoy the lack of maintenance required by living in this type of home. Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 4 of 11 Arvid A. Dennis, homeowner of 16644 Last Trail Drive, stated his approval of the proposed project. Robert Tripp, homeowner of 16400 E. Tombstone, stated his approval of the proposed project. Vice -Chairman O'Brien stated that the proposed plan would not be guaranteed built on this site if the Commission chooses to approve this GPA and Rezoning. Vice -Chairman O'Brien stated that the property would be better left as zoned and strive to find commercial or industrial businesses to locate in this area regulated by its location. Commissioner Forest agreed with Vice-chairman O'Brien's statement. Chairman Downes read the following statement: There are two ways to look at rezoning issues. One way is that if the applicant feels comfortable investing several hundred thousand dollars in a planning procedure. If he is correct, than the town has a viable development to help its tax base grow. We are relying on the market research of the applicant. If he is wrong, the applicant loses his investment and the Town is left with a visible eyesore and an economic drain. Then there is the planning outlook. It is our responsibility as Commissioners to study, receive comments, apply various rules and regulations and evaluate every rezoning application that comes to our Town. Then after careful consideration, we must provide a recommendation to the Council, either for or against a specific rezoning. We must weigh all the factors in order to reach an informed decision. Also, we must weigh other intangible factors. Most importantly was how will a development affect the Town as a whole and the specific area in particular? Is it compatible with the surrounding area? How will it affect traffic? How will it impact the neighborhood? We can only apply our Staff expertise and our own experiences and thoughts to this kind of thinking. Do we think that we would like to see this type of zoning in this location and to get more personal, would we want to live in this kind of development if it were built? This specific development appears to be in a category of general spot zoning. It is not a classic case of spot zoning, because of the multi family, which is across the street. The balance of the perimeter of this development is surrounded by other uses, most of them very intense. While this spot zoning may not be illegal, per se, it is probably not desirable. If you consider the views of the site to the Target Center and not just the Target Center, but the rear loading area of the center, with its semi -trailers and other trucks loading and unloading all thru the early morning and the rest of the day. The view to the southwest overlooking the U-Haul storage and sales and Van's storage area are also not very conducive to residential properties, especially if you live on the second floor. The view to the northeast was one of other industrial property, including Monk's construction yard. All of the above discrepancies do not preclude placing multi family on this site, but it would have to be done with extremely complex planning procedures. For example, a large greenbelt or landscaping buffers to soften the views in all directions, especially for Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 5 of 11 the second floor units. However, this would entail losing a number of units, something developers are loath to do for obvious financial reasons. In short, for all of the above reasons and given the preliminary concept plan the applicant has submitted, 1 just do not believe that this particular site is a viable site for multi family and therefore should remain as industrial zoning. Perhaps the applicant could return with another concept plan at a later date, which would better reflect the intricate planning required for this particular site. End of the statement by Chairman Downes. Wade Felkins requested direction from the Commission on a plan that would be considered by the Commission. Chairman Downes answered that the applicant could come back after negotiations and agreement with the Town, involving a Development Agreement or a Planned Unit Development. Public Hearing closed at 8:25 P.M. AGENDA ITEM #6 CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON RESOLUTION 2004-38, A REQUEST FOR A MINOR GENERAL PLAN LAND USE MAP AMENDMENT OF LOT 68 AD 69, FINAL PLAT 414, FROM INDUSTRIAL TO MULTI-FAMILY/HIGH DENSITY. CASE NUMBER GPA2004-01. Chairman Downes made a MOTION to deny the recommendation on Resolution 2004-35 and GPA2004-01 for the following reasons: ■ The use of the land was not compatible with the uses immediately adjacent to the project. ■ To assign this to multiple unit development would affect the residents living in this development and their exterior views. Commissioner Vice -Chairman O'Brien SECONDED and the MOTION carried 7-0 in favor of denial. Commissioner Brown aye Commissioner Caldwell aye Chairman Downes aye Commissioner Forest aye Vice -Chairman O'Brien aye Commissioner Tall aye Commissioner Woodrel aye Chairman Downes stated that GPA2004-01 and Z2004-04 would be on the Town Council agenda August 19, 2004. AGENDA ITEM #7 PUBLIC HEARING ON ORDINANCE 2004-14, A REQUEST TO REZONE LOTS 68 AND 69, FINAL PLAT 414, FROM "IND-2 IUPD" INDUSTRIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO "M-3" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT. CASE NUMBER Z2004-04. Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 6 of 11 Public Hearing opened at 8:35 P.M. Chairman Downes asked if anyone wanted to speak to this item. No one came forward. Public Hearing closed at.8:36 P.M. AGENDA ITEM #8 CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON ORDINANCE 2004-14, A REQUEST TO REZONE LOTS 68 AND 69, FINAL PLAT 414, FROM "IND-2 IUPD" INDUSTRIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO "M-3" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT. CASE NUMBER Z2004-04. Chairman Downs made a MOTION to deny Z2004-04 for the following reasons: ■ The use of the land was not compatible with the uses immediately adjacent to the project. ■ To assign this to multiple unit development would affect the residents living in this development and their exterior views. Commissioner Tall SECONDED and the MOTION carried 7-0 in favor of denial. Commissioner Brown aye Commissioner Caldwell aye Chairman Downes aye Commissioner Forest (w aye Vice -Chairman O'Brien aye Commissioner Tall aye Commissioner Woodrel aye AGENDA ITEM #9 PUBLIC HEARING TO RECEIVE COMMENTS ON A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO SHARED MONUMENT SIGNS. ORDINANCE 2004-12. CASE NUMBER Z2004-01. Public Hearing opened at 8:47 p.m. Molly Bosley gave the presentation and included a PowerPoint Presentation. Staff recommended approval to forward to the Town Council Z2004-01. Commissioner Tall pointed out a section of the definitions under "Shared Monument Sign" where adding the word "participating" before businesses gave a better understanding of what was part of a shared monument sign. Vice -Chairman O'Brien suggested under definitions "Business Block", a clarification be added to clarify and read as follows: "adjacent property line of 3 or more business lots". Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 7 of 11 RESOLUTION NO.2004-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE GENERAL PLAN PROPOSED LAND USE MAP DESIGNATION FROM "INDUSTRIAL" TO "MULTI-FAMILY/HIGH" FOR + 5.39 ACRES OF LAND. WHEREAS, the Town of Fountain Hills 2002 General Plan (the "General Plan") was adopted by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on June 20, 2002, and ratified by the qualified electors of the Town of Fountain Hills (the "Town") on September 10, 2002; and WHEREAS, Chapter 7 of the General Plan, Plan Implementation, establishes the authority and procedures for amending the General Plan; and WHEREAS, the "Proposed Land Use Map", shown as "Exhibit 4" in the General Plan, establishes the Town's land use designations; and WHEREAS, pursuant to Chapter 7 of the General Plan and ARIZ. REV. STAT. § 9- 462.04, public hearings were advertised in the July 7, 2004 edition of the Times of Fountain Hills; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on July 22, 2004, and by the Town Council on August 19, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Proposed Land Use Map", shown as "Exhibit 4" in the General Plan, is hereby amended to change the designation of + 5.39 acres of land, more particularly described and depicted in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference, from "Industrial" to "Multi-Family/High". 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 carry out the purpose c and intent of this Resolution. N a 0 0 [SIGNATURES ON FOLLOWING PAGE] y a� b as 0 a 0 >r, a as F 9196.001\..\2004-39 GP Amend.res.ord.doc Z" 8.11.04-1 1 x v E~ E~ PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2004. FOR THE TOWN OF UNTAIN HILLS: W. J. Nic ols, Mayo REVIEWED BY: Timothy G. Pickering, Town Manager 9196.0011.\2004-39 GP Amend.res.ord.doc 8.11.04-1 N ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney 0-1 EXHIBIT "A" LEGAL DESCRIPTION: FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 414, LOTS 68 AND 69 i *W EXHIBIT 111311 "INDUSTRIAL" TO "MULTI -FAMILY HIGH" ,3 z C) VANS STORAGE 3 49 GS Z- 7 LPG C) 8 FH FD STATION eF 23 22 20 211 MIRAGE CC vE 19 '_(JINAR LN 1 181 7 3 Oo 2 / / I I i i r, 7 8 i 9 lu o LAST TRAIL DR 1,51 � m '2 1 1 L]2 ORDINANCE NO.2004-14 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 THE LAND LEGALLY DESCRIBED AS LOTS 68 AND 69 OF FINAL PLAT 414 FROM " IND-2 IUPD" INDUSTRIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO "M-3" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT. 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, legally described as Lots 68 and 69, Final Plat 414, more particularly described on Exhibit A, attached hereto -and incorporated herein by reference (the "Property"), be rezoned from "IND- 2 IUPD" Industrial Planned Unit Development, to "M-3" Multi -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, as amended; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the July 7, 2004 edition of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on July 22, 2004, and by the Town Council on August 19, 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 "IND-2 IUPD" Industrial Planned Unit Development, to "M-3" Multi -family Residential. c 0 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. G 0 a� [SIGNATURES ON FOLLOWING PAGE] c a U F z x 9196.001\..\2004-14 Plat 414 Rezone.ord.doc 7-15-04-1 F E� d PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2004. FOR THE TOWN OFF UNTAIN HILLS: ATTESTED TO: W. . Nicho , Mayo Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney / 0 � I 9196.001\..\2004-14 Plat 414 Rezone.ord.doc 7-15-04-1 FA U* 12 3 z )o I r2, 3 5 51 1 1 f NORAGE 3 3 EXHIBIT "All CKY 7 E" TL� IED i <6 TARGET 0 9 FHFD 49 23 STATION 2 48 22 L7 6: 15 20 21 MIRAGE CovE 1 9 � LUNAR LN 17 2 '2 4 6 13 5 6 7 8 9 10 1 i LAST TRAIL DR 12 9196.001\..\2004-14 Plat 414 Rezone.ord.doc 7-15-04-1 3 , 00 1 N LLJ Q � cr- Ln Q oo L a E� r l W v Q � I \ cr- V) J cn L C W L Z cr- w � � A ° Z W 0 W J Z �I LLI i 0LLJ J �. z Z � a Q I I 1 �• < a hil rtag ob .0 o 9'!i I�Si`t�lij�t � W � � � ir�`j�t � � til • t t f / lilt i O 00000 00000000 0" W c W4 PBA 1 /02 TAIN� The Town of Fountain Hills o For Offoal Use Only PUBLIC WORKS DEPARTMENT �o o 1:i35e Manager. Planning & Zoning Division APPL"ICATrON Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: �I``1LtG� I�X�U�\'G•,� `P�fnL1 f�t�;:� �til�►l�� - 'r tti,�l,4 PROJECT NAME ltk 1111 L,��g vo, Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment �,lz fV0m IL6s{V11'%,1 f: Mrs. Applicant: Day Phone 1 11 1n S60 0 Ms. Address: HvJ City: Stater Zip; i ADO p Mrs. Owner:C'b Mr. Day Phone��-'' j Ms. Address: ` �" '� (��� IS G lLe VC� LLLL City: lT 1IiS State: A Zip: — If application is being submitted by someone offier Man the owner of the property under consideration, the seC609 belowau, be completed, SIGNATURE OF OWNER DATE sl & l c�q �,..%C . MARLENE NICHOLS TO FILE THIS APPLICATION. NOTARY PUBLIC-ARIZONA Please Pnnt WRICOPA COUNTY F e n is L � _ day of 20i±—. M Commission t Y ExpiresrY�, Notary Public FT' ING DATE: FEE PAID: 80 65 (See Fee Schedule) C#3(c,C5 Application Page 2 of 7 ACCEPTED BY: .1 a w H z U h PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION 4I+ ll' U lG Plat Name Block Lot PROPERTY ADDRESS PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED 1GU EXISTING ZONING: I Nth' 2 ( I UM) AW Application Page 3 of 7 TRACTS PROPOSED ZONING H-5 PBA 1/02 0 TAIN The Town of Fountain Hills PUBLIC WORKS DEPARTMENT For Official use only 30 0 ' Case Manager: Planning & ,Zoning Division 46at is Ate" `APPLICATION - Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST. 1 PROJECT NAME Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment 'A-, 1111D -•-z fL H -5 Mrs. Applicant: Lam" [ �Vf `�� Day Phone 2 '1�G• �OOC�_ .� Mr. Ms. Address: —y:State: A— Zip: � q Mrs. Owner: HL'o L�* LA Day Phone 4-�C• Ms. Address. `�r� 5r' . IF&[1's 45:'S ��`��• ,. }��I�S �?, g�T.lc� City: State: Z.ip: If application is being submitted by someone other than the owner of the property under consideration, the section below be completed SIGNATURE OF OWNER 5 kCb DATE I NOTARY PUBLIC-ARIZONA MARICOPA COUNTY 5�f C_� SIG I -,) Print TO FILE THIS APPLICATION. s` day of _ j Ll�� L 2004 t t,` ( U S My Commission Expires VLX 20. 1307 Notary Public U '"TLING DATE: '717/7U � FEE PAID: ACCEPTED BY: ' low (See Fee Schedule) Application Page 2 of 7 r—A-z ''R 1, fm csr `; ` PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION Plat Name Block Lot PROPERTY ADDRESS— t il� u4f 3S�_ PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER 7 NUMBER OF UNITS PROPOSED EXISTING ZONING: 1 0'2- �� 1 I* I IL TRACTS PROPOSED ZONING Application Page 3of7 aSg 6er� Landmark Design • Firerock Condominiums - Fountain Hills, AZ Proiect Summarw Zoning: Existing: IND-2 (IUPD) Proposed: M-3 Number of units: 60 Lot Area: 5.39 acres Lot Density: 11.13 units per acre Hillside Preservation Easement Area: Existing: 35,139.33 square feet (Tract A) Proposed: 38,601.19 square feet (Tracts 1A, 1 B, 1 C) Address/Location: NEC Saguaro Blvd. & Technology Drive Introduction The site plan illustrates access to the community from of aguaro and Technology Drive. Main access to the community will be on Saguaro Boulevard. A second resident only exit drive is located on Technology Drive to allow vehicular circulation to the commercial retail properties located north of the property. Each drive shall be provided with security gates and is designed to allow easy maneuverability into and out of the development. Two egress points will ease circulation and aid emergency vehicle access. Low water use landscaping will be provided in generous setbacks along street frontages. The development is designed as a self-contained community with attractive buildings, numerous features and amenities inside and out, with abundant landscaping. The grand entry will add tremendous excitement to Saguaro Boulevard providing and pleasing transition between the single family uses to the south and the industrial and retail uses to the north and west. A proposed site plan has been developed to illustrate a multifamily community consisting of 60 dwelling units. Ten buildings are two-story construction with one-story elements. Proposed landscaping, perimeter gated entrances and increased building setbacks will provide meaningful and attractive buffer to all adjacent properties. The development has been designed with the Firerock community in mind, in order to allow a cohesive architectural fit within the existing community. The development features abundant open space, innovative design, and quality building materials. As proposed the proposed site plan and building elevations are a reflection of the current community context. Features include: Architectural Detail and Variation Lush Landscapin Concrete Tile Roofs Resort Like Setting Gated Community The pool and activity areas are located in the center of the development and are well removed from any adjoining neighboring property. They also serve as a dramatic backdrop for the grand entrance into the site. The units are proposed to be a mix of two and three bedroom units. The units will range from approximately 1,500 to 1,700 square feet. Unit Features: Attached One and Two Car Garages Private Balconies and Patios Full Sized Laundry Rooms High Efficiency Insulated Windows Interior Storaae Rooms Spacious Walk-in Closets Security System 3009 EAST MENLO STREET - MESA, AZ 85213 • (480) 924-9090 • Fax: (480) 924-6615 W d CIO C7 cn :E � d � � (D (D o � w w W zcnz.�= W '� U Z LL. U �w�JaU > v d z Ox .azaO W n >a Wo 0 �z�� W� ��3�LL) 40 U Q CIO �w� 3 ►� `� P. � J d x cz �b - c w d �a En 0 v� w U w UQ Wok "U z > H C7 d ca Ow F T cn O wcn ►-+ Ca o o O �"" r� CZ m w U kn E" d N W=' _¢ W oNz_ a czWC7o>/v� h+l O o = l � � A� d=ov���a ..a"a pa-I^gym°xQ W� Zz 3v �wnCa?¢ W �cD�°x W r Oza=�z�� J00 d z 3zLn a� Ow cn¢U� _ a O° o Wz N dzo�wp F- •-7 ,mow o, A� d L.0 w s�z ¢ w wJ xx a NVId avo 1Vf11d3SN00 _ aQ A901ONHO31 V 021V(1JVS JN ? W o,�,,,U0,'Km"Asou, i - )100113211� 1V 30VIIIA 3Hl ; L '� i'i annunnLsva�Ni vsn - U t. NVId AJJllln ,fnld3SN03 e n ►. ?!0 JI90l0NH03l T owvnJVS 3N � ' mm � 2 ,• �i OILW rlOmY YS#'YN SWL • K( � aawnws"A vsn • )MOH 211� 1V 38Vl1IA 3Hl c U W �9 I$iW�N W � J a 2S .041160 3c v � n• � � I I I I a Z + w a ` �eQ Cl)< oC - <� LL J�_n UJ cc $ LL o LU Wa 018 m.°� Z9"6�"og�� wlj Hldga 3° \ J ova`• m O\ \\ ab<'N cc LLJ LABox O` \ �4 Q / �• \ \';1► •`gib. W 5 // ram° •ti \ stcb F-oorL. mg; W s �• \ cc w Liam ON" Ml 1L PC X P. 7-N [ClAll"o V PSAI Z C A as O um 1N r CL � y$ (36 i■y 44�a5! ` sgaas o SO M HII IF r11 c91 t�i CC R OOOr 7r � 7 N E J Q Z g ' i 1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:® Meeting Date: 8/19/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® Type of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv(Check 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 Regular Agenda Wording: PUBLIC HEARING regarding ORDINANCE 04-12, amending Town of Fountain Hills Zoning Ordinance relating to shared monument signs. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On November 20, 2003, Town Council directed staff to form a Sign Committee with the goal of developing an alternative to A -frame signs. The committee met eleven times (during the January to May timeframe) to discuss alternative signage. After much discussion and collaboration, the Sign Committee voted unanimously to approve these recommendations to Town Council on May 18, 2004. These recommendations were presented to the Town Council at a work session on June 8, 2004. The Planning and Zoning Commission considered the revisions to the Zoning Ordinance during their regularly scheduled meeting on July 22, 2004. The attached information presents detailed information pertaining to the committee's recommendation. List All Attachments as Follows: Staff Report; Ordinance #2004-12 Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: Xppartment�Hne Town Idankrer)"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: August 10, 2004 FR: Molly Bosle , CP, Planning & Zoning Administrator RE: Case # Z2004-01; Alternate Sign Proposal, Ordinance #2004-12 v 6111\% 11% [ITI" On November 20, 2003, Town Council directed staff to form a Sign Committee with the goal of developing an alternative to A -frame signs. Several challenges to the development of this proposal were identified including: ■ Visibility — how can regulations provide for increased visibility to businesses? ■ Lack of addressing on commercial buildings — what can be done to increase the visibility of addresses on commercial establishments? ■ Sign maintenance — who will be responsible for the maintenance of signs? ■ Sign clutter — how will the regulations address the placement of signs so as to create an organized and uncluttered environment? Members of the committee were selected based upon their involvement in prior sign issues. It was staff's intention to include a Fountain Hills resident with no business ties and a 9 representative from several different business areas. Members of the sign committee included the following: Kathleen Nicola, Councilperson; Wayne Tall, P&Z Commissioner; Sal Ripoli, Business Owner — Mama's Italian Kitchen; Charlie Keller, Business Owner — Sorelli's on the Vine; Jim Myczek, Business Owner — Grapeables; Frank Ferrara, Chamber of Commerce; Dennis Brown, Planning & Zoning Commissioner and Business Owner; Lou Mirabella, Business Owner — Chocofin; Sherry Sledge, Business Owner — Bodyworks; and Richard Frederick, Resident. The committee met eleven times (during the January to May timeframe) to discuss alternative signage. After much discussion and collaboration, the Sign Committee voted unanimously to approve the recommendations to Town Council on May 18, 2004. These recommendations were presented to the Town Council at a work session on June 8, 2004. The Planning and Zoning Commission considered the revisions to the Zoning Ordinance during their regularly scheduled meeting on July 22, 2004. EVALUATION: The Sign Committee identified the following provisions for consideration as an alternative to A - frame signage. ■ Uniform Addressing — The Sign Committee recommends that all commercial buildings be required to display an exterior address number no less than 6" in height along the adjacent street right-of-way. ■ Block Addressing — The committee recommended the Town develop a plan for the installation of block address signage on Saguaro Boulevard and Palisades Boulevard. This signage would be displayed under the street signage currently within the median. Staff is currently researching the number and location of signage to be added. ■ Business Area Signage — The committee identified nineteen distinct business areas within the Town of Fountain Hills. To assist in directing travelers to these areas, the committee recommended the Town install "business area" sign panels to the existing Town directional signage for those business areas lacking visibility. As a result, eleven of these areas were identified for business area signage. The committee worked diligently to determine placement of the proposed signage and utilized existing town signage posts where possible. These efforts resulted in the limitation of the number of new sign locations to three. The committee proposed the signs have a cranberry background with white trim and lettering providing differentiation in color from the existing town directional signage. Cost for the proposal has not yet been determined. However, in 1997 the Town of Fountain Hills installed similar signage with a cost of approximately $250 per sign panel (not including post installation). Based upon these figures, the approximate cost for the panels would be $8,500. Exact figures will be determined after completion of an RFP process and would need to be budgeted for in the FY 2005-2006 budget. ■ Shared Monument Signage — Provisions for the implementation of shared monument signs are recommended for inclusion within Chapter 6 of the Zoning Ordinance. These provisions are provided in Ordinance #2004-12 and provide an additional mechanism for businesses to develop signage. The aforementioned provisions address the challenges identified in the following manner: ■ Visibility — The combination of business area signage, shared monument signs, and uniform / block addressing will increase visibility to commercial areas and individual businesses. For example, a business owner may decide to advertise their location within the business area (i.e. "Visit our store located in the Parkview Business Area"). The business area signage will then direct patrons to the specific business area. Once in the business area, businesses can be located utilizing existing signage, a shared monument sign, and/or uniform addressing. ■ Lack of addressing visible on commercial buildings — In order to ensure all businesses are This challenge is answered by requiring uniform addressing on all commercial buildings. In addition, block range addresses in the medians will assist travelers in determining their location and proximity to destination. ■ Sign maintenance —Per the Zoning Ordinance, Section 6.07 (D) outlines the requirement of maintenance on signs. The Town's code enforcement program will monitor and ensure the maintenance of signage within the Town of Fountain Hills. ■ Sign clutter — Business area signage will eliminate the need for A -Frame signs thereby reducing sign clutter often associated with that type of signage. In addition, the Zoning Ordinance currently permits monument signage for each individual business/commercial lot within the Town. Upon evaluation by staff, there are approximately 400 lots that would qualify for an individual monument sign on site. Based upon the criteria set forth by the proposed regulations, a sign district would require at least three lots to install a shared monument sign, resulting in the possibility of 143 monument signs. Furthermore, when businesses participating in existing monument signs are considered, the potential for new monument signage decreases to approximately 60 potential shared monument signs, a drastic reduction in the potential for additional signage within the Town of Fountain Hills. As requested by Town Council at the Council Work Session on June 8, 2004, of the 61 businesses and entities permitted for A -frame signs, 51 would be eligible for participation in a sign district for the development of a shared monument sign. RECOMMENDATION: Therefore, the following policies are being recommended for your consideration regarding alternative signage: 1. Incorporate the provisions for shared monument signs into Chapter 6 of the Zoning Ordinance (adoption of Ordinance 2004-12). 2. Incorporate provisions for the implementation of business area signage into the FY 2005- 2006 budget. 3. Develop a plan for the implementation of block addressing signage for Saguaro and Palisades Boulevards. 4. Require all commercial buildings to display an exterior address number no less than 6" in height. These address numbers should be placed adjacent to the right-of-way. The Planning & Zoning Commission unanimously recommended approval of Ordinance 2004-12 at their June 22, 2004 regularly scheduled meeting. RECOMMENDATION: Staff recommends Town Council approve Ordinance #2004-12. Attachment: Ordinance #2004-12 Public Hearing opened at 8:35 P.M. Chairman Downes asked if anyone wanted to speak to this item. No one came forward. Public Hearing closed at 8:36 P.M. AGENDA ITEM #8 CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON ORDINANCE 2004-14, A REQUEST TO REZONE LOTS 68 AND 69, FINAL PLAT 414, FROM "IND-2 IUPD" INDUSTRIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO "M-3" MULTI -FAMILY RESIDENTIAL ZONING DISTRICT. CASE NUMBER Z2004-04. Chairman Downs made a MOTION to deny Z2004-04 for the following reasons: ■ The use of the land was not compatible with the uses immediately adjacent to the project. ■ To assign this to multiple unit development would affect the residents living in this development and their exterior views. Commissioner Tall SECONDED and the MOTION carried 7-0 in favor of denial. Commissioner Brown aye Commissioner Caldwell aye Chairman Downes aye Commissioner Forest aye Vice -Chairman O'Brien aye Commissioner Tall aye Commissioner Woodrel aye AGENDA ITEM #9 PUBLIC HEARING TO RECEIVE COMMENTS ON A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO SHARED MONUMENT SIGNS. ORDINANCE 2004-12. CASE NUMBER Z2004-01. Public Hearing opened at 8:47 p.m. Molly Bosley gave the presentation and included a PowerPoint Presentation. Staff recommended approval to forward to the Town Council Z2004-01. Commissioner Tall pointed out a section of the definitions under "Shared Monument Sign" where adding the word "participating" before businesses gave a better understanding of what was part of a shared monument sign. Vice -Chairman O'Brien suggested under definitions "Business Block", a clarification be added to clarify and read as follows: "adjacent property line of 3 or more business lots". Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 7 of 11 Chairman Downes questioned the Zoning Ordinance as written and he expressed the need for businesses to take care of their monument signs on their own because of the lack of enforcement the Town could provide. Vice -Chairman O'Brien asked who would pay for the signs that would be located out in the street directing customers towards the business districts. Mrs. Bosley stated that the Town would have to approve a budget item in the fiscal year 2005-06. Vice -Chairman O'Brien stated that he would like the Town Council to consider a sharing of the expense between the Town and retail for monument signs. Vice -Chairman O'Brien added that these signs don't only help retail, they make our Town look nicer. Commissioner Forest questioned the 6" numbering on the monument signs and why the same size was not on the buildings. Mrs. Bosley stated under the National Emergency Number Association for Urban areas stated that a 3" number would be sufficient for in urban areas, but in the rural areas, a 6" number was recommended. Mrs. Bosley continued that the Town was using the rural number size in our urban areas. Commissioner Brown stated that the Committee recommended a 6" number because the distance standing opposite an access road and the building creates a need for the larger number that shows better. Commissioner Caldwell asked if Planning and Zoning staff would approve the location of the shared monument signs. Mrs. Bosley stated that Staff would approve the signs through the application process and guidelines in place. Commissioner Brown asked for a Commission recommendation be added to line item number four to expand the request to read "that as a courtesy, all existing commercial buildings should meet the exterior address number system of 6" in height". Commissioner Brown stated concern that for example on Saguaro Boulevard there was very few address numbers visible. Chairman Downes stated that legally the U.S. Post Office would be the only entity that could request this action and enforce. Chairman Downes acknowledged as a courtesy, this would be advisable for our businesses to use the 6" exterior address number system. Commissioner Caldwell stated that most cities require exterior address numbers to be visible under the Fire Department for fire, life and safety. Chairman Downes suggested that comments could be added to a motion when presented by a Commissioner. Commissioner Caldwell stated that a comment needed to be expressed towards the Town Council for action. Chairman Downes asked for any additional comments. No one came forward. Public Hearing closed at 9:02 P.M. AGENDA ITEM #10 CONSIDERATION OF THE RECOMMENDATION TO TOWN COUNCIL ON ORDINANCE 2004-12, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO SHARED MONUMENT SIGNS. CASE NUMBER Z2004-01. Commissioner Tall made a MOTION to amend the Zoning Ordinance related to shared monument signs and added a request that all existing businesses place, as a courtesy, exterior address numbers of 6"on the outside of their buildings. Additional recommendation verbiage change under definitions "Business Block" stated as follows: Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 8 of 11 Business Block: a portion of a business area, bounded on all sides by a public right-of- way, alleyway, or an adjacent property line of three (3) or more business lots. Recommendation of additional verbiage change as follows: Shared Monument sign: A monument sign displaying the names of participating businesses within a sign district. Vice -Chairman O'Brien SECONDED and the MOTION carried 7-0. Commissioner Brown aye Commissioner Caldwell aye Chairman Downes aye Commissioner Forest aye Vice -Chairman O'Brien aye Commissioner Tall aye Commissioner Woodrel aye AGENDA ITEM #11 PUBLIC HEARING TO RECEIVE COMMENTS ON A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO PARKING AND STORAGE OF VEHICLES. ORDINANCE 2004-10. CASE NUMBER Z2004-05. Public Hearing opened at 9:05 A.M. 0 Molly Bosley gave the presentation. Staff recommended approval of Ordinance 2004-10 Vice -Chairman O'Brien questioned Section 2.B, "Occupied motor homes, camping trailers, truck campers and travel trailers may be located only in recreational vehicle parks or recreational vehicle subdivisions", Vice -Chairman O'Brien asked why this was in our ordinance when Fountain Hills did not have these types of uses. Mrs. Bosley answered that the section was in the original ordinance and could be removed if the Commission requested. Vice -Chairman O'Brien stated he did not believe this type use was permitted in Fountain Hills under another ordinance. Mrs. Bosley will check on this and revise the ordinance, if necessary. Commissioner Forest asked if on page 3, paragraph d, the wording could be clarified and be more specific. Commissioner Tall suggested that Staff research truck trailers, semi -tractors, and the length that would be permitted within the Town. Sandy Hennisch, no address given, spoke to storage of construction material in residential areas. Ms. Hennisch asked if this Council item was in relationship to her comment. Mrs. Bosley answered that her comments were always welcomed, but that her comments were not in relationship to this item. Chairman Downes commented that we may be over -regulating, but it appears the Commission does not have a choice. Public Hearing closed at 9:23 P.M. Planning & Zoning Commission Meeting Minutes July 22, 2004 Page 9 of 11 4t ri M ORDINANCE NO.04-12 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO SHARED MONUMENT SIGNS. 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 ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the July 7 and August 4, 2004 editions of the Times of Fountain Hills; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on July 22, 2004, and by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on August 19, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That Chapter 6, Sign Regulations, Section 6.02, Definitions, is hereby amended to add the following definitions: Business Area: An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block: A portion of a business area consisting of at least three lots, bounded on all sides by a public right-of-way, alleyway or an adjacent property line. Shared Monument Sign: A monument sign displaying the names of participating businesses within a sign district. Sign District: A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement: An agreement between prospective sign district members and the business block property owner(s) in which the shared monument sign will be erected, containing the name of each business and its owner(s) and the business address and telephone number, and evidencing that the sign district members have agreed to the following: 9196.001\..\04-12 ZO-TA Alt. sign.ord.doc 7-1-04-1 I (a) The placement of the shared monument sign within the business block; (b) A shared monument sign meeting the requirements of Section 6.08(28); (c) The individual business owners' and property owner's respective responsibilities for maintenance, removal and alteration of the shared monument sign; and (d) The individual business owners' and property owner's responsibilities in the event that the sign district is dissolved. Sign District Members: Business owners within a sign district. SECTION 2. That Chapter 6, Sign Regulations, Section 6.08, Signs Allowed, is hereby amended to add the following subsection: (29) Shared Monument Signs are permitted in sign districts as follows: (a) Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing valid Town of Fountain Hills business licenses, have submitted a sign district agreement to the Zoning Administrator and where the Zoning Administrator has approved the formation of the district. (i) Membership Change: If sign district membership changes, the sign district shall file a written notification of membership change and an amended sign district agreement with the Zoning Administrator. Where a sign district member moves out of the sign district or closes its business, the portion of the shared monument sign advertising that business must be removed within 30 days. The portion of the sign dedicated to the vacating sign district member shall be maintained with a blank panel. (ii) District Dissolution: If a sign district is dissolved, the property owner(s) of the business block shall be required to remove the shared monument sign unless: (1) A new sign district is formed to assume responsibility for the shared monument sign within 30 days from the date of dissolution of the old sign district; or (2) The property owner assumes complete control over the shared sign monument, in which case, said monument shall be (a) counted toward the total aggregate sign area calculations for the business and (b) modified to meet the requirements for the total aggregate sign area calculation for the business, and (c) limited to advertising for businesses on that property. (b) Limitations on Shared Monument Signs: (1) Height restrictions: (1) Where the sign district contains three to four businesses, the maximum height of the monument sign shall be 6'. (2) Where the sign district contains five or more businesses, the maximum height of the monument sign shall be 8'. (ii) Width may not exceed 4'. (iii) The text area shall not exceed 24 square feet. (iv) Placement: (1) Signs may not be placed within the right-of-way; 9196.001VA04-12 ZO-TA Alt.sign.ord.doc 7-1-04-1 2 a (2) Signs must be at least 150 feet away from any other shared monument sign; (3) Signs must not be placed in a manner which obstructs the vehicular sight lines and road "clear zones" established by the Town Engineer in accordance with Traffic Engineering Standards. (v) The Zoning Administrator or authorized designee may approve the placement of a shared monument sign in a manner other than as required by this i subsection, provided that a written request has been submitted by the sign district to the Zoning Administrator outlining the reason for the request of alternative placement, including a detailed plan showing the requested area of placement, and where the Zoning Administrator or authorized designee has made the following determinations: (1) A special circumstance or condition exists which does not exist on other properties within the business area; and (2) The alternative placement is necessary to allow the use of a shared monument sign; and (3) The special circumstance or condition is not self-imposed. (vi) A minimum of two square feet of landscaping per one square foot of the sign shall be provided at the base of the shared monument sign. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2004. FOR THE TOWN FOUNTAIN HILLS: REVIEWED BY: Timothy G. Pickering, Town Manager 9196.001\..\04-12 ZO-TA Alt. sign .ord.doc 7-1-04-1 3 ATTESTED TO: C :' •' own Clerk APPROVED AS TO FORM: (]. � J c An J. McGuire, Town Attorney 2 m N g 0 z T--i z � '^ z �, . m C)O Ln op-n n o n E ��� : i m Z CO '�.�.. CC z m D m X D z v m r i (n O\-J x uci f c c m a G1 c cDi �_n= m y O C~ P 2 0 OD L T D OC D 1=l1 O m f N 2 yz z_ m 3 m D D yO A = ~ A U n=o D < 0 so +'i F 2 .A m p T ., � t�� �M s = n z C / S 3 m Z yZ 3 � m -4 Ln s�.talRa ,! 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Challenges to Identified • Visibility • Lack of Addressing on Commercial Buildings • Sign Maintenance • Sign Clutter • Recommendations Uniform Addressing — All commercial buildings are required to display an exterior address numbers no less than 6" in height. Block Addressing 2001 - 3000 ..- N Saguaro FA Recommendations • Business Area Signage — Determined 19 business districts (16 new panels, 3 new signs) ,, t- AVE OF THE FOUNTAINS BUS. AREA u • Shared Monument Sign (Text Amendment to the Zoning Ordinance) C. Shared Monument Signs (Text Amendment to the Zoning Ordinance) • Add the following definitions: — Business Area — Business Block — Shared Monument Signs — Sign District — Sign District Agreement — Sign District Members Business Area • Business Area — An area designated by the Zoning Administrator as a concentrated group of businesses. i E, Business Block • Business Block — A portion of a business area, bounded on all sides by a public right- of-way, alleyway or an adjacent property line.C-7... I a T j T Shared E Sign District • Sign District — A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement • Sign District Agreement — An agreement between prospective sign district members and the business block property owner ... agreeing to: — Placement of the shared monument sign — Monument sign meeting ordinance requirements — Responsibilities of all parties with respect to the sign and dissolution of the district Sign District Formation • Formed when 51 % of business owners within a business block approve formation. — Membership change — notification to the Town — District dissolution — sign must be removed unless a new sign district is formed or the property owner assumes control over the monument sign Shared Monument Signs • Height — 3 or 4 businesses — 6 feet — 5 or more — 8 feet • Width — 4 feet • Text Area — 24 square feet • Placement — Not in right-of-way or within sight lines — Must be at least 150 feet from any other shared monument sign — Minimum two square feet of landscaping per 1 square foot of sign • Zoning Administrator may approve alternate locations A n u Town of Fountain Hills Staff Presentation k n s Y a� h2 nF Alternate Sign Plan Existing Regulations 1:1 • On November 20, 2003 Town Council directed staff to form a Sign Committee to develop an alternative to A -frame signs. • A committee was formed including members of Town Council, the P&Z Commission, business owners, and local residents. Challenges to Identified • visibility • Lack of Addressing on Commercial Buildings • Sign Maintenance • Sign Clutter N 2 Recommendations • Business Area Signage — Determined 19 business districts (16 new panels, 3 new signs) v 4- AVE OF THE FOUNTAINS BUS. AREA t- AVE OF THE FOUNTAINS BUS. AREA • Shared Monument Sign (Text Amendment to the Zoning Ordinance) 14 Shared Monument Signs (Text Amendment to the Zoning Ordinance) • Add the following definitions: — Business Area — Business Block — Shared Monument Signs — Sign District — Sign District Agreement — Sign District Members Business Area • Business Area — An area designated by the Zoning Administrator as a concentrated group of businesses. � Business Block • Business Block — A portion of a business bounded on all sides by a public right- area, of-way, alleyway or an adjacent property line. - — i_ i 211 Shared Monument • Shared W-Mmy Parlcview Monument Business Area Mama's Italian Kitchen monument_ Nature's Finest displaying Bar &Grill Tap House names of businesses within a sign IM Sign District • Sign District — A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement • Sign District Agreement — An agreement between prospective sign district members and the business block property owner ... agreeing to: — Placement of the shared monument sign — Monument sign meeting ordinance requirements — Responsibilities of all parties with respect to the sign and dissolution of the district 0