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2000.0518.TCRMP.Packet
1411AIN�l w�4.1 NOTICE OF REGULAR SESSION g. OF THE *Sl 19S9 a• 'Watis ° FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Hutcheson Councilman Wyman Councilman Poma Councilman Mower Councilman Kavanagh WHEN: THURSDAY, MAY 18, 2000 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES, BUILDING B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— • INVOCATION—Rev.Mark Lansberry,The Fountains United Methodist Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session May 18,2000 *1.) Consideration of APPROVING THE MEETING MINUTES of May 1 and 4, 2000. AN *2.) Consideration of the EXTENSION OF PREMISE APPLICATION submitted by Kenneth Bowman for the American Legion located at 16850 East Avenue of the Fountains. The Legion is requesting to temporarily extend the Legion's Club liquor license on Saturday,May 20 for a scholarship fund golf tournament. *3.) Consideration of the PRELIMINARY AND FINAL PLAT for the .3222± acre, 2-unit Deerefield Condominiums I, located at 16777 Ashbrook Drive, Case Number S2000-018. *4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 1.4536± acre, 20-unit Westby Towers Condominiums, located at 16626 E.Westby Drive, Case Number S2000-017. *5.) Consideration of the FINAL REPLAT for Lots 3 through 6, Block 3, Final Plat 201, approximately ± 1.41 acres, a lot join project, Case Number S99-039. *6.) Consideration of the FINAL REPLAT for Lots 20 and 21,Block 5, Final Plat 208, approximately 12,000 Sq. Ft., a lot join project, Case Number S2000-023 *7.) Consideration of RESOLUTION 2000-22 authorizing the Town, pursuant to A.R.S. §28-2603, to use up to ten percent of Local Transportation Assistance Fund monies for all uses as allowed by law. 8.) PRESENTATION to Mike Severson for his efforts to clean up Asbrook Wash as part of his Eagle Scout project completed April 22, 2000. 9.) Consideration of ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE for the 1999/2000 distribution of Local Transportation Authority Fund monies. 10.) DISCUSSION AND POSSIBLE ACTION regarding authorization for the Fountain Hills Sanitary District to drill and operate a well at Golden Eagle Park. 11.) DISCUSSION AND POSSIBLE ACTION regarding the legal steps and financial obligations required to acquire the assets of Chaparral City Water Company. 12.) Consideration of a MOTION TO RECONSIDER THE VOTE on the motion to APPROVE the Town Attorney's letter to the Arizona Corporation Commission supporting the acquisition of Chaparral City Water Company by American States Water Company and directing staff to submit the letter on behalf of the Town Council. 13.) Consideration of a MOTION TO RECONSIDER THE VOTE on the motion to APPROVE a SPECIAL USE PERMIT to allow a wireless communications facility to be located at 16701 Laser Drive, a.k.a. Van's Storage, along the east side of the lot which faces Technology Drive, Case Number SU2000-02 at the June 1, 2000 Council meeting. 14.) PRESENTATION OF DISTINGUISHED SERVICE AWARDS to the outgoing members of the Council including Marianne Wiggishoff (six years of service), Sid Apps (four years of service), and Al Poma (four years of service). 15.) CALL TO THE PUBLIC AND ADJOURNMENT. Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. DATED this 17th day of May 2000. Cassie B. Hansen,Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voicek or 1 800-367-8939 (TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 05/17/00 2:4 PM P rrcc€_rL. Interoffice Memo 3 (kw A � To: HONORABLE MAYOR AND TOWN COUNCIL -`'`S wL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 05/18/00 Re: AGENDA UPDATES FOR THE 5/18/00 COUNCIL MEETING This mini-packet includes materials promised in last Friday's packet and a revised agenda with additional items requested by Councilman Mower and Councilwoman Hutcheson. The updates are as follows: AGENDA "4—' PRESENTATION TO MIKE SEVERSON Included in y uracket ls 4.a, o from Corey on Mike Severson's Eagle Scout project and a map showing the lion„t ''the wasclean up project. y»i � iIIIV ln a� AGENDA ITEM #9:- LTAF RECOMMENDATION FOR DISTRIBUTION The citizen committee met Monday,May 15. My staff report and supporting documentation are enclosed. FF 4.4E # 1 #11 --GOLDEN EAGLE PARK WELL AND CCAC ACQUISITION Bill's staff reports are included. ,1 yip - i�i i A ITEM R�NSIDERATION OF THE VOTE ON THE ATTORNEY'S LETTER TO THE .•ORATION COMMISSION Councilman:Mower- h4 requested that reconsideration of this item be placed on the agenda. Reconsideration must be moved by one who" voted on the prevailing side. The motion to approve the letter failed four nay votes to three aye votes and Councilman Mower voted nay, the prevailing side. This item will require a motion, from the prevailing side, to reconsider the vote on the motion to approve the letter. If the motion to reconsider the vote passes, the motion to approve the letter will then be before the Council for discussion and consideration. (A new motion and second is not required as the original motion will once again be before the Council.) We have again included a copy of Bill's letter that was part of the May 4 packet. NEW AGENDA ITEM #13 — RECONSIDERATION OF THE VOTE ON THE SPECIAL USE PERMIT FOR A WIRELESS FACILITY AT VAN'S Councilwoman Hutcheson requested that this item be placed on the agenda. It is proposed that the Council econsider this item at the June 1 Council meeting. The motion, made by a member of the prevailing nay side, ' Should state: "I move that we reconsider the vote on the motion to approve a special use permit for a wireless communications facility to be located at Van's storage, 16701 Laser Drive at the June 1 Council meeting." If approved for the June 1 meeting, additional materials will be forthcoming. Page 1 of 1 May 18,2000 Agenda Update Last printed 05/18/00 3:31 PM 05/18/00 MEMORANDUM TO: THE HONORABLE MAYOR AND TOWN COUNCIL FROM: PAUL L. NORDIN, TOWN MANAGER DATE: MAY 12, 2000 RE: MANAGER'S REPORT FOR THE MAY 18th COUNCIL MEETING CONSENT AGENDA: There are seven items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM#8 - PRESENTATION TO EAGLE SCOUT: Corey Hromek, Parks and Recreation Department, is out of the office until Monday. He will provide this information to you early next week. AGENDA ITEM#9 - LTAF DISTRIBUTION RECOMMENDATION: The Fountain Hills Citizen Committee will present their recommendation for the 1999/2000 distribution of Local Transportation Authority Fund dollars. See Cassie's enclosed report. AGENDA ITEM# 10 - DISCUSSION ON GOLDEN EAGLE PARK WELL: Information regarding this agenda item will not be available until next week. Town Attorney Bill Farrell will provide this information to you at least 24 hours prior to Thursday's meeting. AGENDA ITEM# 11 - DISCUSSION ON CHAPARRAL CITY WATER COMPANY: Bill and I will discuss the legal and economic issues related to the acquisition of the Chaparral Water Company. This information will not be available until next week. Bill will distribute the information to you at least 24 hours prior to the Council meeting. AGENDA ITEM# 12 - AWARDS TO OUTGOING COUNCIL MEMBERS: Distinguished service awards will be presented to the departing officials in appreciation of their dedicated efforts and hard work as members of the Fountain Hills Town Council. Please note that there no Target items on this agenda at the request of both the Barclay Group and Town staff. L Town Manager's Report May 18,2000 Council Meeting Page 1 of 1 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL - From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION C.,111- Date: 05/12/00 Re: AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE AGENDA ITEM #7 — LTAF RESOLUTION AUTHORIZING USE OF FUNDS AGENDA ITEM #9— RECOMMENDATION FOR LTAF DISTRIBUTION AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE PERMIT APPLICATION Kenneth Bowman has submitted an extension of premise/patio permit application for the American Legion 58 located at;1685 Avenue of the Fountains. The Legion desires to temporarily extend their licensed area tathi accommodate a�g'ol'tournament/scholarship fund fundraiser on Saturday, May 20. The extension will include the courtyard,-and.:a fenced area adjacent to the north side of the building. Security will be posted.at the north and south entrances/exits to insure that alcohol stays within the permitted premise. "the area outlined in the request"is consistent with previous events. Marshal Gendler has forwarded a favorable recommendation based on statutory compliance and staff recommends approval AN D #7 ",iRESOLUTION 2000-22 AUTHORIZING ALTERNATIVE USES FOR LTAF MO =: Resolution 2000-22 is a routine legislative action authorizing the use of Local Transportation Assistance Funds (LTAF) for purposes other than transportation. Since 1990, the Town Council has authorized ten percent of the'LTAF or lottery money received by the Town to be used for cultural, educational, historical, r-re, .tionai or scientific_programs :'Approval of this resolution provides the authority the Council will use in age0a item#9 when action'°is taken on the citizen committee's recommendation for distribution of these funds. This funding " h anism has provided financial assistance for many groups and programs in Fountain Hills, benefiting the entire community. Staff recommends approval of Resolution 2000- 22. AGENDA ITEM #9—CITIZEN RECOMMENDATION FOR LTAF DISTRIBUTION: The citizen committee is scheduled to meet Monday, May 15 at 1:00 p.m. to discuss the applications and formulate a recommendation for the Council to consider at the May 18 meeting. I will prepare a staff report on their recommendation following Monday's meeting and distribute the materials prior to the Council meeting. This packet includes a summary of the twelve requests totaling $23,317.87. The LTAF money available for distribution totals $10,598. If you have any questions, please do not hesitate to call. Page 1 of 1 May 18,2000 Agenda Items Last printed 05/12/00 10:24 AM 05/12/00 J Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler,Marshal L1 DATE: May 8, 2000 SUBJECT: Liquor license application-American Legion The purpose of this memorandum is to endorse the attached extension of premises liquor license request from the American Legion. It is my understanding that this is scheduled for consideration by the Council at their meeting on May 18th. Investigative facts: This application, as submitted, would involve a one day extension of premises of the facility located at 16850 Avenue of the Fountains. The American Legion has a valid class 14 "club" license in place at that facility. Under the provisions of the Arizona Revised Statutes, Title 4, a class 14 license is specifically issued to a veteran or fraternal organization for "on-premise" sale and consumption of alcohol by members and registered guests. Findings: The application in this case would extend the premises in conjunction with a scholarship fund golf tournament. While the documentation is somewhat vague, this appears to be consistent with previous requests filed by the American Legion which are restricted to members and invited guests. This is a permitted function under the provisions of the license. In reviewing the application, the American Legion has made provisions for access control and identity checks in compliance with liquor license regulations. Recommendation: Based on this extension being in compliance with the provisions of ARS Title 4 relating to a class 14 license, as well as meeting the requirements for control of access to members and guests, I recommend approval of this application by the Council. Copies of all investigative documents are on file with the Marshals Department. L -Form-105 0 ,^` ., - I if.co 3/94 �� .S LOtu Vt.L4:1 hl ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTIM V E D _ \ #v RR 2 8 2000 L. 800 W. Washington, 5th Floor 400 W. Congress, Phoenix, AZ 85007 Tucson, AZ 8570 (602) 542-5141 1' 16, (602) 628-6595 TowN CLERK APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT / SchoLArkch;p Fa ad 2 Temporary change for date(s) ....C.-of: -d,o - 0 o cot.F ?EL,a,,rR t4 N T' ❑ Permanent change of area of service 1. Applicant's Name: e r► c.,i kwr Na n/ it-t K/41Y—A E, 2. Mailing Address: I'7o S' / CALL DEL 020 1 Ti.r W,cis M Z 4s'S')G Street City State Zip 3. Business Name: /4vh‘e ft IC A N 1- =,S r o M S & LICENSE # / 110 7 3 Co 1 - 4. Business Address: l6 ' ) 67. 4 vie O F FT/4 F T/ I4/La' t 2 t c o(J,4 i42. frS L L Street City County State Zip 5. Residence Phone: k O k 3 7^4 y.1 A Business Phone: L/ Po S'3 7--S 9,c? 6. Are you familiar with Arizona Liquor Laws and Regulations? ® Yes ❑ No 7. What security precautions will be taken to prevent liquor violations in the extended area? r) r ., kr S ec c2 t7-1 ,4T o,.r-rr.afaceS/Axe S� ,e 4 7T►4 c A 4 c--.1 1-11 4 P 8. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes 4. No 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. Thi . ge in premises COMMENDED by local Board of Supervisors, City Council or Designate: 4 iL 14./AL✓._. , sit1&Wh ( A.1-c j (Authorized Sig .ture) (Title) (Agency) I si14 6: /11 A&), being first duly sworn upon oath, hereby depose, swear and declare, under penalty of perjury, (�that I am the applicant making foregoing application and that said application has been read and that the ntents thereof and all statements contained therein are true, correct and complete. X - L- 6SUBSCRIBED IN M il.tESENCE ,5/Vy,ORN O (A ' ant's Signature) before me this day of j�N-� 1.9-,) '--'':4::-/-' "OFFICIAL SEAL" '' Of.. k-- C%.* 01....97. ly commission ex .;;,2,. ;:i:=-57: NotaryPublic-Arizona (Signature of NOTARY PUBLIC) '41Investigations Reco .+r_ •= 1_ - 1 Date: Licensing Approval: Date: R' °' AMERICAN LEGION POST#58 , " FOUNTAIN HILLS, ARIZONA ' �1 16850 Avenue of the Fountains E ryp�"��, (602)837-5958 TO WHOM IT MAY CONCERN. • The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates : p — p p SHEAR POINT HAIR DESIGN • jif TIME- -1N RESIGN 1-..,XTENSIC.:I4 :.,,-:' , 1-__.i..1:::.--..)/.. A'_. 1L. .: ;...,?,..ini. L . . NOTE: .12)-......•,,-- • 1.17tiFt)Stil 41,S..,.m.- ,..'.., •-,---1,4,--i• --- , GO' —c—I . . _ --‘1 -- - —--------— 17A-RVC LOT — - () ._. • _____1 5•______._._+___ • /0 ___,........, 3 5 ' ----- r --r - -------, 5 I I?E WM...I< ---- --------- --_ - -() ,frizmulegx7==.2marramrcr========,,,.„,„mm,..m-ter- -- 0 M f 13A R ENS i - c9 .. SERVIRG, AREA 1 REST ROOVt :, I illikir (N- , \ . , . . 0 i . T1: r". 1 AMERICAM LEGION MU Lbt OEN B50 E.AWE t,F 1-LE r-ou R.rt A)•1 i— SUITE kt-i02_ I , OWE 1\1 S (APPROV. SOO i .S Q PT)--1 ._/-- . 1 R ESPROOM , ! ' , , --..s..........,,,,,... . ..,-.... 4 . . , ri • (i1C I. CO I • ..)—....—. 1 7 a-9 5 I -_.) ....,---7 t...) k..5 z . 2 r----iikkowir- cr-, .2 oi 4.1 ..-.- TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner W- DATE: May 12, 2000 SUBJECT: Preliminary & Final Plat for"Deerefield Condominiums I" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Deerefield Homes Limited which would condominiumize two-units located at 16777 Ashbrook Dr., aka Lot 21, Block 5, Final Plat 111. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. r J 410 a TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: May 12, 2000 SUBJECT: Preliminary & Final Plat for"Westby Towers Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Jim Warbritton which would condominiumize twenty-units located at 16626 East Westby Dr.,aka Lot 1, Block 1, Final Plat 102. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS (iv PLANNING&ZONING COMMISSION AND STAFF REPORT May 18, 2000 CASE NO: S00-017 LOCATION: 16626 East Westby Drive, aka Lot 1A, Block 1, Final Plat 102. REQUEST: Consider the Preliminary and Final Plat for "Westby Towers Condominiums", a 20-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: Westby Towers Limited Partnership APPLICANT: Jim Warbritton EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 63,320 square feet SURROUNDING LAND USES AND ZONING: NORTH: Multi-family; zoned "R-3" SOUTH: Osco Drug Store; zoned "C-2" EAST: Model Home Office; zoned "R-2" WEST: Multi-family; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Westby Towers 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, Westby Towers Limited Partnership, has chosen to convert a twenty-unit complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1440 square feet, a minimum livable area of 1232 square feet and a covered patio. Each unit will have a one-car garage and one additional uncovered parking space. The applicant applied for his building permit on December 18, 1997, and received the permit to build on December 16,1998, building permit#1997-1586. RECOMMENDATION: Planning & Zoning Commission recommends approval of S00-01 7; Preliminary Plat, and Staff recommends approval of the Final Plat for"Westby Towers Condominiums". 03,14:' 000 14:01 0 SECURIT`r TITLE • • cp 'J`htsu+� f. r TOWN OF FOUNTAIN HILLS tior 12 COMMUNITY DEVELOPMENT DEPARTMENT + •,-.--;.0_ s .:4,.. ' 1=r "'» c ,,.fir -,. Date Flied Fe Paid j I /-1 I b © Z o 0 0 p Acce tee By Condominium Name11-1 - e-5-T- Q -t -re 6-2 S Condominium Address IC, 4, Z E . wE` 5-T3 Y Legal Description of LoVParcel Being Platted Plat I 0 Z BlockI Parcel Size Lot(s) 3 j �; Number of Units Number of Tracts Z R. r� 'Zoning General Plan Land Use Designation _3 *\v . t ' L - ;- .4,1/4--. iLY Density Requested (Dwelling Units Per Acre) i3 , 7c 0V' 0 LApplicent —, � vs-. u%•-N Sr_ t3 2 k T Tc w Day Phone Address `- ec. etc 646 .9 City 17 c 31 T- ST Zip Owner J 4+ Day Phone tAi (". y l _a `t To -vc3S i-I ,•"`‘ . ram;, 'A(ZTvt.Zst-k , r- Address City >4 71 Sttc:tT S _2 ST Zip Attachments(Please list) t C C 'vt "`.L -C k Z f "F'(_.A<< A J O C,...1 a L'� 4-_ c 7 , P icu-tea 1 -mac ki. P IiZ Signature of Own 1 HERBY AUTHORIZE (Please Print) Date J 1 t� w Pk2 SI 4Z A T-"o ,----; TO FILE THIS APPLICATION. I � CK 2900 Subscribed an 'sworn bet• eihis l / day of 7 //k(2C 44 - -- ,z000. 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N-2 N O O S O Q O ri X 1w "Cm ZU� 2 O d d d d m Ct Ct Q p001 .03W XIII 99Ti .0;111 b op $ i J 8 AO `_1 13 I N b aJ- N Ft II 51 I .Cris 1 m LI'IZ I "' —IZ z — — i — — — .i9Li+ z oP .9 ^g Q Q : r.1extzg ' ' Qcr pOTY Tim. .9 !L d 5 t + '111111111111 O 8 9cti1 0 ,OOTt .�.� v An' I I EI $ IIIIL 1 rl �E 8 s n 'llll 111 i V -T- c '� < � t .su Jo U '9.iTZt I J W^ I Z J. I , c a F. yi .CT'ZI I sysr j .wni /\ 3O a. <-I - 6:.4.90nt .COW punt 29ir LS ps.tc I TOWN OF FOUNTAIN HILLS (ir MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: May 12, 2000 SUBJECT: S99-039; Final Replat for " Lots 3, 4, 5 & 6, Block 3, Fountain Hills Arizona Final Plat 201" This is a request to join Lots 3, 4, 5 & 6, Block 3, Final Plat 201, aka. 11842 N. Saguaro Boulevard. This application is only removing the common lot lines of this "R-3" zoned property. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L L TOWN OF FOUNTAIN HILLS (iirr STAFF REPORT October 7, 1999 CASE NO: S99-039 LOCATION: 11842 N. Saguaro Blvd., aka Lots 3, 4, 5 &6, Block 3, Final Plat 201 REQUEST: Consider approval of a replat for "Final Plat 201, Block 3, Lots 3, 4, 5 & 6", a lot join project. DESCRIPTION: OWNER: Wanda Burzawa APPLICANT: Wanda Burzawa EXISTING ZONING: "R-3" EXISTING CONDITION: Undeveloped LOT SIZE: 61,453.57 s.f. (1.41 acres) SURROUNDING LAND USES AND ZONING: NORTH: Ha Ha China Restaurant and Offices; zoned "C-3" SOUTH: Duplex and undeveloped lots; zoned "R-2" EAST: Multi-family; zoned "R-3" WEST: Multi-family; zoned "R-3" SUMMARY: This request is for Final Plat approval of a Replat for "Lots 3, 4, 5 & 6, Block 3, Fountain Hills, Arizona Final Plat 201" which is a lot join project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Wanda Burzawa, has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of buildings without crossing lot lines. The new lot will meet all the requirements of the "R-3" Multi-Family Residential Zoning District for size and dimensions. The site is not required to provide a Hillside Protection Easement, and conforms to the Town of Fountain Hills Subdivision Ordinance. RECOMMENDATION: Staff recommends approval of S99-039 the Final Replat" Lots 3, 4, 5 & 6, Block 3, Fountain Hills, Arizona Final Plat 201"with the following stipulation : 1) The applicant shall provide a ten (10) foot landscape and sidewalk easement along the Saguaro Boulevard frontage. O� N Blt TOWN OF FOUNTAIN HILLS �NZ:0, COMMUNITY DEVELOPMENT DEPARTMENT E : = { . iceP: ., FtELIMINARY PLAT4APPLICATION t4a"' .� Date Filed I Fee Paid Accepted B 10/C1C1 1 4 OC' Pr€ fl(11- Di5 Plat Name/Num r G l LC J Lois =3,4/5 ; (o Parcel Size Number of Lots 14 I kc y e5 — f ki-5 / Number of Tracts Zoning 0 r General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) Applicant Day Phone V\) anda a(2a i4-',1 Address City ST Zip 365 -7 E . (,4-jbe•. ((c_ e M Si4 A 7-- ..2 I Z caner J Aivi e Day Phone Address City ST Zip Attachments (Please list) 2-9- )c 3(;.- SS (A X I !ci- Signature of Owner I HERBY AUTHORIZE (Please Print) Date X\�°ri�'` �i)�k;, ) TO FILE THIS APPLICATION. x .J� Subscribed and`sworn befo e me this day of 19 My Commission Expires Notary Public (Seal) TFH Case Number 'ee Schedule Attached 03 Nire, 7,4,4z,__,,,oir-.... N4 �A(111.; 4 i � 4 b5'OOL /50 ma" 1 '�I . • ..E' I--- f f /O m•O /y / tail m I 1--I� M 1,1 C / r !0 / _� s �' — 1/7 � J v / /!'tfltli 1 e/ ,, Ws' 0 5 T rP 1061'� 4n / N/ Hi Aq A ifl rf` G /L7 / //�• / 1—I it 6 06' e�\ / / rn ./ / $ o 9 0 J.r /� ' t~Yu^,'O z O p p / uYiQ / n v t>o / / 90 > FT.., lJ 4/, ;r m to z Q al I /// CI co 11 / !e N � 1t / f t1 z z1, .0 es // mO Dp L / mN OF—i 1.11 O/ao p7/ / Sf // �o Z , 4.' / / / Y tT Vl L V t 4( C 'a 9 / m o W fti r/ � c� � A ' / I /I RA Ai icr�itn c. �v l41� �, c / cyl A D co 2' .4/r f Dmt'1� 41 LI Wo Aaa m<A ° g g 5 a mm O r / / isl n10-,d no rn / � T di nZ2s .1 • V./ Ai %q:?..2' c4 i `Nld� +�v o qo"�^ T D .C/ydF BASS OP—",\ / m 4<D 0 / ywz ti J r air Dy o r m gg ii .07 9 -° Y 4�GMF d x m D Z C7 p V o ii q R p g¢¢,a1 11-o q q �. D,An zoCD II- i q !^ 6 a¢ y� A ..- G , O y}^ t 7 S rum q M q pR gF ft�� M ••n, eti. '� to O�� Cy —L .9fli if r °v'm q �9�g31t - �. n oZ� ��t O p `� a� mz 5 �� il $ R� F F ; �' v ! 1 1 il 4 i a Ilse 1511 to M� 3 i i ' vli'ngi. I . n o �. I14 F ,x xq a C -IIli A 2 N aal q"q S it g M r I► BURZAWA PROJECT 0411./ft DJ °"'3-17-1999 MONTGOMERY ENGINEERING& MANAGEMENT,L.LC. — PLAT 201, BLOCK 3, LOTS 3,4,5 & 6 00367•,,DRY na•er,Ar 99029 16766 E.PARNVIEW AVE. SUITE 201 &WON Mr CI svt AS NO1ED FOUNTAIN HILLS. ARIZONA 85268 11842 N SAGUARO BOULEVARD REPEAT (602)837-1845 lox 837-8668 --- MD DA IF (XSO••Ibv "r TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planne .. DATE: May 12, 2000 SUBJECT: Replat of Lots 20 & 21, Block 5, Plat 208 Al-Dasuki Family Limited Partnership has requested a replat of the Plat 208. The replat joins two lots (20&21)into one lot within Plat 208, Block 5. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT May 18, 2000 CASE NO: S2000-023 LOCATION: Final Re-Plat Fountain Hills Final Plat 208, Block 5, Lots 20 & 21. REQUEST: Consider approval of a replat for Fountain Hills Final Plat 208, Block 5, combining Lots 20& 21 into one lot. DESCRIPTION: OWNER: Al-Dasuki Family Limited Partnership (Here We Grow Learning Center) APPLICANT: Al-Dasuki Family Limited Partnership EXISTING ZONING: "C-2" EXISTING CONDITION: Vacant SURROUNDING LAND USES AND ZONING: NORTH: Town Hall: zoned "C-2" SOUTH: Common Parking Area: zoned "C-2" EAST: Vacant commercial lots: zoned "C-2" WEST: Commercial building: zoned "C-2" SUMMARY: This request is for final plat approval of a Replat for "Fountain Hills Final Plat 208, Block 5, Lots 20 & 21"which removes a common lot line. The applicant proposes to create one (1) lot from the two lots. Due to the simplicity of this request a fast track process was allowed. The applicant, Al-Dasuki Family Limited Partnership, has applied to reconfigure these lots by removing the common lot line. The applicant wishes to construct a larger building than the single lot will allow. The new configuration will allow such a structure. The new lot meets all the requirements of the "C-2"Zoning District for size and dimensions. RECOMMENDATION: The proposed lots are in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2000-023 " Fountain Hills Final Plat 208, Block 5, Lots 20 & 21". L APR-10-00 09 :53 AM ' M 64 z085 P. 02 SAII�N let . - t TOWN OF FOUNTAIN HILLS .,:::,,s COMMUNITY DEVELOPMENT DEPARTMENT • Cli Date Filed, Fee Paid Acce ted 6-y, Plat Name/Number n PL. x} -- ZOg (3Loc_ ►-<_ S L o rs 2- 04- Z Parcel Size Number of Lots I2Ooo S - Number of Tracts Zoning C — Z General Plan Land Use Designation Density Requested(Dwelling Units Per Acre) '`J IA Applicant Day Phone A L- A SC./ K_[ 4-41 t L Y L-L. f4- 66 a- y�'-- O S' So AddrLess City ST Zip %. () . ;sx sYG.7o r hn; /�`- 9SG-7J' Owner Day Phone Address City ST Zip Attachments (Please list) _, Signatu 0 filer I HERBY AUTHORIZE (Please Print) Date )11 I: V--3/2_0 c 0 TO FILE THIS APPLICATION. �� day of 4 PQ /L_ Joao Subscribed d swor : = re me this. .._ Aillewf My Commission Expires 404/ Notary Public / "OFFICIAL SEAL" l:' '1111:t.,..oAdam Dasugi . = Notary Public-Arizala 1 ` � -=/ M cops CountcPeal t My Com iglpHxth l pN) r Fee Schedule Attached Saego - W3 '• "°"m° -"° V. 4Nl-LO (zos) ivy WIC O21VA31f108 S30VSI1Vd 10691 Y%GB vNOZWf'Sl1N NWINnO, mai SV ." ' L3 w...� lOZ ions'SNNlw101 7N1 JO JOHN,'.N91 YW_,.... _�, lZ OZ S101 'S )10018 130Z 1Vld IIIIIP' OD 11131t3JYNIIN T DNId33NION3 Ad3NODiNON N41-+1-0 rw """ 01N30 0NIN21V31 M080 3M 3213H C\2 liEill1P " k ill 4 11 iv 0043g1111 il: 1 • ! 1401 g i 1 T %,. EPP tit* 4whg-' 0 I p4li 1 1 ts - All k O g - d b Is "VQ2'Wall lie N 3 : g HZ E gb ti ,_, _ 444, �F� oA; It �'rN-i t'1bf _ a .iy9 li ate : / / -��� -1-c4 -1 r-1 ig/ L / zi It 3., Z < -/ / g i/ / , ? Flo o� N ' D / / IIS �/ / , ��� / ` ciiz 401 4 OH , ,,,A , /7--- i ; i e 1 � f .6: ------(:)/ o g e G�yll) g 9,.. 11 eill a ., • jajli�, ;;,r,- il; i 1 'r' ,ij txt7fo4110.l !iou _tillllh ' J4.3 ft Nitiodoe Memorandum To: Honorable Mayor and Council From: Corey Hromek, Recreation Assistant III Through: Paul Nordin, Town Manager Date: May 15, 2000 Re: Eagle Scout Recognition of Mike Severson On Saturday, April 29th, Mike Severson of Troop#343 coordinated the wash clean up of the east corner of Ashbrook Wash, between Vallecito and Calico, east of El Pueblo, (see attached). He was assisted by nearly 60 people, whose work consisted of trimming trees, eliminating brush that was considered a fire hazard and picking up garbage. The Fire Department was there to supervise the project, and donations were made by Paul's Hardware,Waste Management and Lan-Con to aid those who were involved. The Boy Scouts were also there to participate, as well as many neighbors. The Town of Fountain Hills greatly appreciates all of the hard work Mike has done, and would like to recognize his efforts with a plaque of appreciation, to be presented by Mayor Morgan. Mike will be joined by his parents, Fred and Teresa Severson. L Town of Fountain Hills L STREET MAP UPDATED: January 31, 2000 r----------- -------ate•w. qoRy.- Pyp --c\ 'l o C P+IN �j�C .,,,,,,% % .,,. '‘ 1----- 1K.,__; '44ro 1 • ' A QP-4.,,*4:.4 '4- *' N �9P 1 YELLowsEO4441.i\ 1gI EWE ! D�YrDCO�Oxh �O 4 I v �l'I' , I EDGE.,Ea T+?+ NTs �yM�t vt RI[HNOOp titq,,1A•�a °R es7.1999 1 o ' ,., 3 d rbat is Is+ I wN,� Nti �N+• d `d R, Y 1 •=' ;'64. '4 i 4 4 Dt,v le' ''6' ' .1 ','.i 1 I - gg ,- I I ctr. 1.. 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A SRO I 3 "G,- 1 1. �� aR. .w II p I �'•, g LL :LVD I vp 1 \/DO Wt LEDGE (i) 0 0.5 1.0 j NORTH SCALE OF MILES RESOLUTION NO.2000-22 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, AUTHORIZING THE TOWN, PURSUANT TO A.R.S. 28-2603, TO USE UP TO TEN PERCENT OF LOCAL TRANSPORTATION ASSISTANCE FUND MONIES FOR ALL USES AS ALLOWED BY LAW. WHEREAS, the Thirty-Fifth Legislature, second special session of 1981, established a Local Transportation Assistance Fund from the proceeds of the Arizona State Lottery;and WHEREAS, the Forty-Second Legislature, second regular session of 1996, amended Title 28, Transportation,removing the requirement that cities and towns apply to the department of transportation for local transportation assistance fund(LTAF)monies each year;and WHEREAS, A.R.S. 28-2603, still in full force and effect, states that a city or town may authorize by resolution the use of up to ten percent of local transportation assistance fund monies received in any one fiscal year for cultural, educational, historical, recreational or scientific facilities or programs or for nonresidential outpatient programs or services for developmentally disabled persons as defined by A.R.S. 36-551 who have never resided within a facility identified in or established pursuant to A.R.S. 36-558 if the monies are matched equally by nonpublic monies received by the city or town and expended for the same purposes, except in a fiscal year when the total distributed from the local transportation assistance fund is less than twenty-three million dollars; and WHEREAS, funds received by the Town of Fountain Hills are to be used for the following purposes: ALL USES AS ALLOWED BY LAW. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, THAT the Town of Fountain Hills has declared intent, as authorized by A.R.S. 28-2603, to use ten percent of local transportation assistance fund monies in any one year for purposes other than transportation. PASSED this 18th day of May 2000 by the Mayor and Council of the Town of Fountain Hills, Arizona. REVIE D BY: ' 7/7z,_ din,Town Manager Sharon Morgan,Mayor / ATTEST: APPROVED AS TO FORM: e".,,Aet,,, Cassie B.Hansen,Town Clerk William E.Farrell,Town Attorney MEMORANDUM TO: HONORABLE MAYOR AND TOWN COUNCIL ` eFROM: CASSIE HANSEN,DIRECTOR OF ADMINIST ION a m• Il= DATE: MAY 17,2000 • irsT ne• • *Oat isA °• RE: CITIZEN COMMITTEE RECOMMENDATION FOR DISTRIBUTION OF LTAF MONIES Agenda Item#9: Citizen Committee Recommendation for Distribution of LTAF Monies The LTAF Review/Selection Citizen Committee met Monday, May 15th to share their ideas, reach a consensus, and formulate a recommendation to the Council for the distribution of lottery monies. As you know, pursuant to A.R.S. 28-2603, ten percent of the Local Transportation Assistance Funds (LTAF) which the Town receives can be used for purposes other than transportation including cultural, educational, historical, recreational or scientific facilities programs. An equal cash match,from non-public monies,must be obtained from grant recipients. The Committee reviewed twelve applications that represented requests totaling $27,317.87. Since the amount available for distribution this year was $10,598, each member of the committee carefully reviewed and assessed the merits of each request, establishing individual prioritization mechanisms. Their various rating mechanisms were combined, ultimately dividing the requests into three categories of high, medium and low priority. Each request was placed in a category based on the following criteria: • Consideration of past awards and funding histories of each group. • Other sources of income and ability to raise funds. • Number of citizens/participants being served by the project/event. • Appropriateness of the request for the projected project. • Number of events—is it a one time,repeated or ongoing event. • Additional Town funding such as Community Benefit money. • Overall "purpose" of the event: "fun"; sports/training/history; arts/education; drugs/alcohol (high priority). Although the Committee respected the efforts and community contributions of all of the groups, they knew they had to make reductions due to the available funding. Funding recommendations were generally based on the following rating system: High - $1,500 Medium - $1,000 Low - $500 1999-2000 LTAF Distribution Page 1 of 2 Using their rating system as a basis for award, members shared their conclusions, discussing and compromising until a consensus was reached on each request. As consensus was reached, they noted that all but two awards, the Historical Society and the Arts Council, directly benefited the youth of the community. All members were extremely supportive of any youth related programs and projects. Although not youth related, they were also supportive of the Historical Society and Arts Council requests because both were related to the new Community Complex Plaza project which they felt benefited the entire community. They felt that all applications met the statutory requirements and satisfied the format. Attached are a summary chart that shows all of the applications received, the proposed projects, the amounts requested and the Committee's recommendation for award. Also included is a short summary of the Committee's rationale for the recommended award. The citizen committee consisted of: Lois Grate Wally Nichols Melanie Pavlet Lee Robinson Greg Wood All members were diligent in thoroughly reading and evaluating the application materials. It was evident that they took their charge seriously and put alot of time and effort in making their recommendations. At the meeting there was a willingness to listen and share ideas in order to award funds where they would do the most good. The Committee is aware that their recommendation is just that, a recommendation that the Council can change or modify as they see fit. Included with the support documentation is a copy of the public notice that ran in the Times for six weeks. It was also displayed at the Town's regular posting places and on Channel 11. An application format and all other information supplied to the Committee is also attached. If you have any questions, please feel free to contact me. I'm sure the Committee members would be more than happy to answer any questions you may have for them. Full sets of the applications were not re-produced for the packets. If you would like to see more than the summary sheet material, please let me know. The full set of applications is available for review in my office or we would be happy to make you a complete set upon request. L 1999-2000 LTAF Distribution Page 2 of 2 APPLICATIONS TO THE TOWN OF FOUNTAIN HILLS FOR LTAF MONIES— 1999/2000 SUMMARY OF REQUESTS & COMMITTEE RECOMMENDATIONS ORGANIZATION REQUEST/AWARD FOUNTAIN HILLS PTA $500/$500 *Primary Function/Purpose in Community: -To support children's education and welfare;encourage working partnerships The committee supported this between parents,community and school;to work with parents,children and schools youth oriented project and the in achieving high academic and behavioral standards. interaction of parents, *Previous Projects: teachers and students. They -Provided opportunities for community service hours;funded supplies and felt there was the opportunity equipment for elementary and middle school teachers and classrooms; staffed and for a significant number of funded the Four Peaks Science Lab;provided informative meetings regarding children to participate and education issues; supplied volunteers for school and community events;published benefit from the program. manual on how to set up Family Science Night. *Projected Project Requesting Funding: -$500 to fund a Family Science Night at Four Peaks School for parents and children preschool through 5th grade. *Matching funds available. FOUNTAIN HILLS SOCCER CLUB $1,200/$500 ,►*Primary Function/Purpose in Community: While the committee -To encourage good sportsmanship and health by teaching,develo in ,promoting, supported the soccer club, and playing the game of soccer. *Previous Projects: they felt the number of -Donated funds and equipment to the Middle/High School soccer teams; children benefiting from the established annual Middle School Outstanding Player Award in 1996;provided funds requested was limited club scholarships for financially challenged players;provided sibling discounts for compared to some of the families with multiple players;established used soccer equipment exchange other programs so this program in 1996. request was reduced. *Projected Project Requesting Funding: -Funds would be used to provide 12 children scholarship money for registration and training($100 X 12) *Matching funds available. CUB SCOUT PACK#243 $1,000/$500 *Primary Function/Purpose in Community: -To train boys in areas of citizenship,moral strength,character and to enhance the While the committee development of physical,mental and emotional fitness. supported all of the scouting *Previous Projects: groups, they felt the total -Clean up and plant trees at Golden Eagle Park and Fountain Park. number of children benefiting - Participate in food drives to supply food to the food bank. from the funds requested was - Lead the pledge at Council meetings. limited compared to some of 1 - Participate in Adopt-a-Street. the other programs so this *Projected Project Requiring Funding: request was reduced. -To fund the Pinewood derby race and a Rain regatta race(100 Pinewood derby kits at$6.25 each and$375 for awards for both races). 4111i*Matching funds available. FOUNTAIN HILLS COMMUNITY THEATER $3,000/$1,000 *Primary Function/Purpose in Community: -To provide the community with quality theatrical productions,performances and The committee supported this develop additional education and children's performance opportunities. area o the Theater's *Previous Projects: programming as it directly -Used theater building to provide workshops, summer camps and children's theater; benefits children and allows continued to provide community with quality theatrical productions;provided greater participation in the entertainment, speakers for service and civic organizations;participated in many summer workshops. and varied community projects and activities;assisted churches and organizations with costumes,lights, sound, sets and expertise. *Projected Project Requesting Funding: -$3000 for summer camp scholarships *Matching funds available. FOUNTAIN HILLS BOY SCOUTS TROOP 343 $3,500/$500 *Primary Function/Purpose in Community: While the committee -To develop Fountain Hills youth into responsible,contributing members of the community;to develop self confidence and leadership qualities in young men. supported all of the scouting *Previous Projects: groups, they felt the total - Maintain two sections of road under the Adopt-A-Street Program. number of children benefiting - Participate in clean up of Ashbrook Wash. from the funds requested was - Participate in painting the Community Center and construction of storage unit. limited compared to some of - Construction of park kiosks. the other programs so this -Each scout performs a minimum of 6 hours of community service for each rank he request was reduced. achieves;service hours donated to churches,schools,other town organizations. (w*Projected Project Requiring Funding: -Camping trip to Yosemite National Park for 12 scouts and 2 leaders—cost is$400 per participate($5,600) *Matching funds available up to$3,500 only. FALCON FIESTA COMMITTEE $2,000/$2,000 *Primary Function/Purpose in Community: -To provide an evening free of drugs and alcohol following the Fountain Hills High The entire committee strongly School graduation ceremony,an alternative to the sometimes tragic choices made felt that this event should be on graduation night. entirely funded. Not only *Previous Projects: does it benefit a significant - Sponsored the three previous Falcon Fiestas, staffed by 200 volunteers, number of high school attended by 81% of the senior class plus their guests during each of the seniors, it supports a previous three fiestas. community cause of high - Organized the Senior Class Rummage Sale-all remaining items left after the Priority — substance abuse sale were donated to the Food Bank and Goodwill. prevention. *Projected Project Requiring Funding: -$2000 applied to the cost of prizes for the event,which are expected to total at least$5500. *Matching funds available. LTAF Request/Recommendation Summary FY 99/00 Page 2 of 4 FOUNTAIN HILLS GIRL SCOUT NEIGHBORHOOD $1,500/$500 *Primary Function/Purpose in Community: the committee supportedile e hil -To inspire in girls the highest levels of character,conduct,patriotism,and service, While all of the scouting empowering them to develop a sense of their own self worth,to achieve their full potential,and to prepare them for the realities of a changing world. groups, they felt the funds *Previous Projects: were limited to a one-time -Designed,planted and maintained the rose garden around the Fountain Park flag activity that was more pole;participate in the Adopt a Street program;planted and maintained flower beds recreational in nature. for Kiwanis Club; sponsored food drives for the Food Bank and blanket drives for the homeless;raised donations for Zachary;conducted book drive for the library; assist other clubs and organizations;assisted in the Children's Miracle Network program. *Projected Project Requiring Funding: -Funds would be used for supplies for 200 girls to participate in a weekend encampment *Matching funds available. GOLDEN EAGLE FOUNDATION FOR MIDDLE AND HIGH SCHOOLS $2,500/$1,500 *Primary Function/Purpose in Community: -Foundation was established to enhance and enrich the educational experience of The committee was supportive students by funding educational opportunities and techniques that are beyond the of educational opportunities scope of the state-controlled school budget and to provide scholarships for provided by these two projects graduates of the Fountain Hills High School. that benefit students at both *Previous Projects: the middle school and high -Since 1993,provided funds for adult education, scholarships,vo-tech project, school. midnight madness,science-by-mail program,parenting, stock market competition, integrated learning unit program. *Projected Projects Requiring Funding: -Funds would provide half the funding($1,500)for a library subscription to an online database allowing students to access accurate resources via the interne. Funds would also provide for half of the purchase($1,000)of perishable lab supplies for the Desert Lab experiments. *Matching funds available through the Golden Eagle Foundation. FOUNTAIN HILLS AND LOWER VERDE RIVER HISTORICAL SOCIETY $750/$500 *Primary Function/Purpose in Community: -To maintain and create interest in local and regional civilization and the settlement Although not directly youth- and development of the McDowell Mountain and Lower Verde River Valley related, the committee desired region;to establish a society and program that will research the area's historical to fund a portion of this beginning,collect and display memorabilia,historically significant documents and museum related project that materials;establish ways to share the history with the people of the area. has community-wide benefits. *Previous Projects: -Has established a museum containing Hohokam artifacts,Fountain Hills historical displays and a Fort McDowell army post room;designated two facilities as historic sites;established Founder's Day. *Projected Project Requiring Funding: -$750 would be used to develop an exhibit in the new museum entryway. *Matching funds available. L LTAF Request/Recommendation Summary FY 99/00 Page 3 of 4 THE CATTLEGUARD COMMUNITY ALLIANCE,INC. $1,428/$500 *Primary Function/Purpose in Community: Although the committee was -To plan,develop and implement,with the communities of Fountain Hills and Fort very supportive of the McDowell,an integrated,comprehensive evolution for the prevention and early Cattleguard Alliance and the intervention of all substance abuse through the promotion of health,social youth court program, they competence and education for the two communities. were hesitant to commit *Previous Projects: significant funding for a -Provided adolescent/parenting nurturing programs;contributed to Twilight volunteer project. They Tuesdays Bowling for Kids;contributed to project graduation;contributed to the desired to support the youth Youth Town Hall and Building Unique Development Skills;provided seed money court program, but not pay for the drug testing program and intervention program. incentives for students to *Projected Project Requiring Funding: participate, hence the -Funds would be used to provide a stipend for students who take on the roles of reduction. prosecution and defense attorneys for the Youth Court. *Matching funds available. FOUNTAIN HILLS/RURAL METRO FIRE DEPARTMENT—PREVENTION $4,939.87/$1,000 EDUCATION DIVISION The committee supported the *Primary Function/Purpose in Community: educational aspect of this -To provide superior quality in prevention and safety education to the citizens of request but felt the Fountain Hills and the community; supporting life safety,fire and accidental association with a private prevention with the objective of reducing injuries,loss of life and property damage. corporation provided *Previous Projects: additional funding -Fire Prevention Week,Injury Prevention Program with McDowell and Four Peaks opportunities. Schools;public safety announcements on Channel 11 and Compass. Projected Project Requiring Funding: - Funds would be used for a Juvenile Fire Setter Program—Total cost$2,000 - Funds would be used for a Senior Safety Program—Total cost$3,000 - Funds would be used for a sound system for the Clown/Puppetry Program and other fire safety programs—Total cost$4,879.75 (The total cost for all three programs is$9,879.75—matching funds are available so the request is for half of the total or$4,939.87) *Matching funds available. FOUNTAIN HILLS ARTS COUNCIL $5,000/$1,598 *Primary Function/Purpose in Community: The committee was supportive -To enhance the quality of life in the Fountain Hills area by developing,supporting of this funding request and and promoting the visual,performing and literary arts. the benefit to the entire *Previous Projects: community as part of the -Provided a resource directory of local artists,musicians,dancers,thespians,and Community Plaza Courtyard writers; sponsored a jury art show;host artist reception; sponsored Arts Day; and Linear Mall project in the contribute column in newspaper;painted cans in the park;Amado Pena workshops; downtown area. create newsletter;participate on the Community Plaza Committee and fundraising efforts for the new community center. *Projected Project Requiring Funding: -Funds would be used in the Public Art Fund for use in the courtyard and linear mall of the new community center. *Matching funds available. TOTAL FUNDS REQUESTED/RECOMMENDED AWARD $27,317.87/$10,598 LTAF Request/Recommendation Summary FY 99/00 Page 4 of 4 �} PUBLIC NOTICE 4 WILL Aive is LTAF APPLICATIONS NOW BEING ACCEPTED - AND - CITIZENS NEEDED FOR REVIEW COMMITTEE CITIZENS NEEDED FOR COMMITTEE TO REVIEW LTAF APPLICATIONS— APPLICATIONS TO RECEIVE FUNDS NOW BEING ACCEPTED Each year, the Town Council distributes ten percent of the Town's local LTAF (Local Transportation Assistance Fund or lottery) monies for cultural, educational, historical, recreational or scientific facilities programs. Organizations wishing to apply for a portion of the funds, expected to be approximately $10,598, are invited to submit applications to Director of Administration/Town Clerk Cassie Hansen who administers the application/review process performed by a citizen committee. Application formats outlining the information needed in the applications for funds are available at Town Hall or the Town's website (addresses below). APPLICANTS MUST HAVE MATCHING FUNDS FROM NON-PUBLIC MONIES TO BE ELIGIBLE FOR CONSIDERATION. The Town is also requesting letters of interest from citizens who would like to serve on the citizen committee to review LTAF applications and make a recommendation for disbursement to the Town Council. Those interested in serving on this committee should have no direct involvement or primary interest in any group applying for funds. Broad familiarity with community activity would be helpful in evaluating the various requests. Any citizen interested in serving on this three to five member review committee, is urged to submit a letter of interest, including a brief description of community activities and involvement, to Cassie Hansen in the Town's Administration office. Applications for LTAF monies and letters of interest to serve on the review committee will be accepted through Friday, March 31, 2000. Submit applications for funding and letters of interest to serve on the review committee to: Cassie Hansen,Director of Administration/Town Clerk Town of Fountain Hills 16836 East Palisades Boulevard,Building C Fountain Hills, AZ 85268 www.ci.fountain-hills.az.us For additional information call 837-2003. will �� APPLICATION FORMAT FOR a = �_ ° LTAF APPORTIONMENT Esc�• , �• Otis ° To apply for the LTAF (Local Transportation Assistance Fund or "lottery") monies which will be distributed when the state lottery fund reaches the maximum distribution amount, please follow the application format outlined below. Make sure that all of the information requested is incorporated into your application. Incomplete applications or requests lacking matching funds of non-public monies will not be considered. Include any additional information and documentation you feel is important in the favorable consideration of your organization for LTAF monies. Submit your entire application packet, no later than 5:00 p.m. on Friday, March 31, 2000 to the Town's Administration Department located at: Town of Fountain Hills Office of the Town Clerk 16836 E. Palisades, Bldg. C Fountain Hills,AZ 85268 L 1. Name, Address,Phone Number of Organization 2. Name&Phone Numbers of Individual(s)Making Application 3. List of Officers 4. Length of Time Organization Has Been in Existence 5. Primary Function of the Group in the Community-Include "Statement of Purpose" if Applicable 6. Other Funding Sources-How Does the Group Raise Money to Fund Projects 7. Previous Projects, Contributions to the Community 8. Amount of Funding Requested- Are Matching Funds Available? (Matching funds must be available at time payment is made.) 9. Financial Statement/Summary 10. Federal ID Tax Number and Proof of Non-Profit Status 11. Description of How Requested Funds Would be Used and the Resulting Benefit to the Community-Does the Proposed Use of Funds Fit the Statutory Requirements? (Be very specific-i.e.,instead of"programs to teach citizenship to the youths", specify as "50 copies of the U.S. Constitution at X dollars each") If you have any questions,please contact Cassie Hansen at 837-2003,extension 104. MEMO TO: LTAF REVIEW/SELECTION COMMITTEE Lois Grate o4�y'rA�N Wally Nichols k. Melanie Pavlet c Lee Robinson 3 = } = Greg Wood Y". AST 1989 • 14'414 is FROM: CASSIE HANSEN,DIRECTOR OF ADMINISTRATION DATE: 5/1/00 RE: REVIEWING AND SELECTING RECIPIENTS OF LTAF MONIES Thank you for agreeing to serve on the committee which will be reviewing the applications for Local Transportation Assistance Fund, (LTAF), monies. Your task will be difficult as the grant process produced twelve groups and fourteen requests (the Fire Department/Rural Metro submitted three separate applications) totaling $27,317.87. Since the LTAF funds available for distribution are approximately$10,598, some or all of the requests will need to be reduced. It appears that all of the groups have fulfilled the requirements, i.e. the statutory requirement of matching funds from non-public monies. It may be helpful to note that some of the groups have previously received Town funds through the Community Benefit funding process. I have enclosed an information sheet showing those allotments from last year's budget. Also included is an application summary sheet, some information on the lottery funds, the criteria that must be met to meet the eligibility requirements, and a chart showing LTAF distribution for previous years. My assistant,Bev Bender,will be contacting you soon to arrange a meeting of the committee. Prior to the meeting, please review all of the applications and formulate your own recommendations on how the funds should be distributed. This will prepare you for discussion with the other committee members and assist in reaching a consensus as to how the monies should be distributed. Your recommendation will be forwarded to the Town Council for "award action" at a regularly scheduled meeting on May 18. The Council has historically concurred with the citizen committee recommendation,making only minor adjustments in the last nine years. Some of the elements that past committee members have looked for in the applications are specific statements of purpose/use for the grant monies, ability/inability to raise funds elsewhere, and the overall benefit to the community. Please feel free to bring all your thoughts, ideas, suggestions to the table. If you have any questions, please do not hesitate to call me at 837-2003,extension 104. ihr Thank you- LTAF MONIES FOR 1998/1999 ORGANIZATION AMOUNT REQUESTED AWARD Falcon Fiesta Committee $2,000.00 $1,500.00 Fountain Hills Community Theatre $5,000.00 $1,000.00 Boy Scouts of America Troop 343 $1,000.00 $1,000.00 Cub Scout Pack 243 $2,000.00 $1,000.00 Boys & Girls Clubs of Scottsdale $1,500.00 $1,500.00 Fountain Hills Soccer Club $5,000.00 $700.00 Golden Eagle Foundation, Inc. for Four Peaks Elem. School & McDowell Mtn. Elem. School $2,100.00 $1,600.00 Fountain Hills Girl Scout Neighborhood $1,000.00 $1,000.00 Fountain Hills and Lower Verde $600.00 $600.00 River Historical Society $20,200.00 $9,900.00 0 0 0 0 o) 0 0 0 101 0 0) 0 0 O O O O O O 0, O co O O O O 6 O O 0 O, O 0) 0 lA O 0 Ln O. Co- CO 1 I O I ,a) r 1 I 0) Ef3 69 Eft ER ' ER EA ER Eft j I I I ER! I ER 0 0 0 0 0 0 0 0 0 0 i I 1 p 00 0 0 0 0 0 0 0 0 0 0 1 0 cp O O O O O O O O O 6 O N- O O 0 O O O O O O O O ,0w) O Q. C. T In O O O M. 0 0) 0) r T T T T T T T T T EA ER 69 ER ER ER ER ER !ER ER! 1 I ER 0 0 0 0 0 0 0 0 0 0 0 N- 0 0 0 0 0 0 0 0 0 0 I 0 O) 6 O O O O 6 6 Qi 6 6 ' 0i CO CO 0 0 0 0 0 0 T o Ln 0)) 0) 0 to (p 0 O T O LU -' T 0) T T T T T T CC T Efl E13 69 ER ER ER ER 69 Eft Eft ER 0 0 0 0 0 0 0 0 CO 0 0 O O O O O O M M f: M O M Cfl T to In To T LU TN 0p 0) N CO CO 0) 03 (O Ca 0) (61- aD T EA ER ER ER ER ER ER ER to O0 0 0 0 O 0 0 O ��//�� 1 6 O O O O 6 6 d y 0 ton O ton N Lo O TO CIO) T N r N 0D T CC Ef3 Ef? Eft ER ER EA ER ER Q 0 0 0 0 0 0 0 O O O O 0 O O 4 co* O o O O O In t1) O co co CO N co Lri of EA Ef. ER ER ER 64 ER C9 O0 00 00 00 0 —I I' O O O O 0 J ON) co0 N Q 0 T (ta 00 Efl Eft ER ER ER Z S o 0 0 Q r 00 00 00 0 O) r In Lc) ,- co r N 00 T ER ER ER ER O 0 0 T 0 0 0 O 0 0 O 0) O 0 O co to M 00 T 64 ER ER 17) o 0 o Zas m Q O w _ O 0 L O U 0) 4 u) E Nt 0 s s (i 0 z N = M N N 0) N O C zC N Q O -0 C cis >+ O O 0 U O _0 O U Q 0) Li 4) s a) V) Illy O N °ti O2 0 CO F- c0 C co y •( ' U U C •C to D O O 0) - C/ c i U O O Co = Z t>) L c co _7 U. O 0 j CL. D_ a) «r CC to Cri p c a 0 y E o L Er_ c m W Q 0_ - U Y N W 0t < E (� c0 0 0 (u c _ • • m `m a) J 4 E N o 0 > O = X xx0 a -Fa 'O = 0 � 1 w o C O Z Q Q CD CO U U U W W LL. LL CD o _ J D_ U) U) CA H COMMUNITY BENEFIT PROGRAMS (tr`" FUNDING HISTORY ORGANIZATION '97/98 AWARD '98/99 REQUEST '98/99 RECOMM. '98/99 AWARD CASS 8,100 8,600 8,100 4,000 Boys &Girls Club 10,000 10,000 10,000 10,000 Community Theater 26,000 30,000 26,000 20,000 Meals on Wheels 1,500 1,560 1,500 1,500 Food Bank 5,800 30,000 22,400 24,500 Cattleguard Alliance no request 10,000 6,000 8,000 Senior Center no request 12,340 6,000 12,000 $102,500 $80,000 $80,000 L O O O O O O O O O O O O O p W O O O O O O O O O O O O O , 0 O O O O O O O O O O O o0 co Z 0 O c:::) O O O O O O O O O OA W 1f Lf Ln c) Lf) O Lf LP) Lf) L.f) c) it C11 O x 3 .-4 O < ift- U W Ce O O O O O O O O O O N O N. O O O O O O O O O O O co O CO W O O O O O O O O co M O ^' H Z IJ N O O Lf) c) Ll� IJ N d' O) c) .4 W *Pt ,--i .--i Cfl cri N . I N . I. d= Lri M o Z N W Q Ce O O N CT m O% Os (,) LO .a7 VIc U Z as a) O o 0 .� cn 14. cn U 1-. -D o 0 ....Icn 13 f _ > o °3 as b _c > C v M o L iY o M _o 4O O (B a)mOl O N "d ID I- O2 Z ~ > UJ — = Zs F- U a + i c U O O N O O Z - = U O a-+ o N M E i E �n J O U 0 U N C U > v) Q U N E E �_ O O O a cn 6 U Q U C� (�v a Q cn (n v) o cn N cn < I cn c c o c o UT c w c c ,,, tD CC cn +° c joro C = C = 0 O -o > = o � = LL U- U oiuc o u c0 0 v) u 0 a APPLICATIONS TO THE TOWN OF FOUNTAIN HILLS FOR LTAF MONIES- 1999/2000 SUMMARY OF REQUESTS ORGANIZATION REQUEST/AWARD FOUNTAIN HILLS PTA $500/ *Primary Function/Purpose in Community: -To support children's education and welfare;encourage working partnerships between parents,community and school;to work with parents,children and schools in achieving high academic and behavioral standards. *Previous Projects: -Provided opportunities for community service hours; funded supplies and equipment for elementary and middle school teachers and classrooms; staffed and funded the Four Peaks Science Lab;provided informative meetings regarding education issues; supplied volunteers for school and community events;published manual on how to set up Family Science Night. *Projected Project Requesting Funding: -$500 to fund a Family Science Night at Four Peaks School for parents and children preschool through 5th grade. *Matching funds available. FOUNTAIN HILLS SOCCER CLUB $1,200/ L.*Primary Function/Purpose in Community: -To encourage good sportsmanship and health by teaching,developing,promoting, and playing the game of soccer. *Previous Projects: -Donated funds and equipment to the Middle/High School soccer teams; established annual Middle School Outstanding Player Award in 1996;provided club scholarships for financially challenged players;provided sibling discounts for families with multiple players;established used soccer equipment exchange program in 1996. *Projected Project Requesting Funding: -Funds would be used to provide 12 children scholarship money for registration and training($100 X 12) *Matching funds available. CUB SCOUT PACK#243 $1,000/ *Primary Function/Purpose in Community: -To train boys in areas of citizenship,moral strength,character and to enhance the development of physical,mental and emotional fitness. *Previous Projects: -Clean up and plant trees at Golden Eagle Park and Fountain Park. - Participate in food drives to supply food to the food bank. - Lead the pledge at Council meetings. - Participate in Adopt-a-Street. *Projected Project Requiring Funding: -To fund the Pinewood derby race and a Rain regatta race(100 Pinewood derby kits at$6.25 each and$375 for awards for both races). (II*Matching funds available. FOUNTAIN HILLS COMMUNITY THEATER $3,000/ *Primary Function/Purpose in Community: -To provide the community with quality theatrical productions,performances and develop additional education and children's performance opportunities. *Previous Projects: -Used theater building to provide workshops, summer camps and children's theater; continued to provide community with quality theatrical productions;provided entertainment, speakers for service and civic organizations;participated in many and varied community projects and activities;assisted churches and organizations with costumes, lights, sound, sets and expertise. *Projected Project Requesting Funding: -$3000 for summer camp scholarships *Matching funds available. FOUNTAIN HILLS BOY SCOUTS TROOP 343 $3,500/ *Primary Function/Purpose in Community: -To develop Fountain Hills youth into responsible,contributing members of the community;to develop self confidence and leadership qualities in young men. *Previous Projects: - Maintain two sections of road under the Adopt-A-Street Program. - Participate in clean up of Ashbrook Wash. - Participate in painting the Community Center and construction of storage unit. - Construction of park kiosks. -Each scout performs a minimum of 6 hours of community service for each rank he achieves; service hours donated to churches, schools,other town organizations. *Projected Project Requiring Funding: -Camping trip to Yosemite National Park for 12 scouts and 2 leaders—cost is$400 per participate($5,600) *Matching funds available up to$3,500 only. FALCON FIESTA COMMITTEE $2,000/ *Primary Function/Purpose in Community: -To provide an evening free of drugs and alcohol following the Fountain Hills High School graduation ceremony,an alternative to the sometimes tragic choices made on graduation night. *Previous Projects: - Sponsored the three previous Falcon Fiestas, staffed by 200 volunteers, attended by 81%of the senior class plus their guests during each of the previous three fiestas. - Organized the Senior Class Rummage Sale-all remaining items left after the sale were donated to the Food Bank and Goodwill. *Projected Project Requiring Funding: -$2000 applied to the cost of prizes for the event,which are expected to total at least$5500. *Matching funds available. L LTAF Request Summary FY 99/00 Page 2 of 4 FOUNTAIN HILLS GIRL SCOUT NEIGHBORHOOD $1,500/ *Primary Function/Purpose in Community: -To inspire in girls the highest levels of character,conduct,patriotism,and service, empowering them to develop a sense of their own self worth,to achieve their full potential,and to prepare them for the realities of a changing world. *Previous Projects: -Designed,planted and maintained the rose garden around the Fountain Park flag pole;participate in the Adopt a Street program;planted and maintained flower beds for Kiwanis Club; sponsored food drives for the Food Bank and blanket drives for the homeless;raised donations for Zachary;conducted book drive for the library; assist other clubs and organizations; assisted in the Children's Miracle Network program. *Projected Project Requiring Funding: -Funds would be used for supplies for 200 girls to participate in a weekend encampment *Matching funds available. GOLDEN EAGLE FOUNDATION FOR MIDDLE AND HIGH SCHOOLS $2,500/ *Primary Function/Purpose in Community: -Foundation was established to enhance and enrich the educational experience of students by funding educational opportunities and techniques that are beyond the scope of the state-controlled school budget and to provide scholarships for graduates of the Fountain Hills High School. *Previous Projects: -Since 1993,provided funds for adult education, scholarships,vo-tech project, midnight madness, science-by-mail program,parenting, stock market competition, integrated learning unit program. 1111r*Projected Projects Requiring Funding: -Funds would provide half the funding($1,500)for a library subscription to an online database allowing students to access accurate resources via the internet. Funds would also provide for half of the purchase($1,000)of perishable lab supplies for the Desert Lab experiments. *Matching funds available through the Golden Eagle Foundation. FOUNTAIN HILLS AND LOWER VERDE RIVER HISTORICAL SOCIETY $750/ *Primary Function/Purpose in Community: -To maintain and create interest in local and regional civilization and the settlement and development of the McDowell Mountain and Lower Verde River Valley region;to establish a society and program that will research the area's historical beginning,collect and display memorabilia,historically significant documents and materials;establish ways to share the history with the people of the area. *Previous Projects: -Has established a museum containing Hohokam artifacts,Fountain Hills historical displays and a Fort McDowell army post room;designated two facilities as historic sites;established Founder's Day. *Projected Project Requiring Funding: -$750 would be used to develop an exhibit in the new museum entryway. *Matching funds available. LTAF Request Summary FY 99/00 Page 3 of 4 THE CATTLEGUARD COMMUNITY ALLIANCE,INC. $1,428/ *Primary Function/Purpose in Community: -To plan,develop and implement, with the communities of Fountain Hills and Fort McDowell,an integrated,comprehensive evolution for the prevention and early intervention of all substance abuse through the promotion of health, social competence and education for the two communities. *Previous Projects: -Provided adolescent/parenting nurturing programs;contributed to Twilight Tuesdays Bowling for Kids;contributed to project graduation;contributed to the Youth Town Hall and Building Unique Development Skills;provided seed money for the drug testing program and intervention program. *Projected Project Requiring Funding: -Funds would be used to provide a stipend for students who take on the roles of prosecution and defense attorneys for the Youth Court. *Matching funds available. FOUNTAIN HILLS/RURAL METRO FIRE DEPARTMENT—PREVENTION $4,939.87/ EDUCATION DIVISION *Primary Function/Purpose in Community: -To provide superior quality in prevention and safety education to the citizens of Fountain Hills and the community; supporting life safety,fire and accidental prevention with the objective of reducing injuries,loss of life and property damage. *Previous Projects: -Fire Prevention Week,Injury Prevention Program with McDowell and Four Peaks Schools;public safety announcements on Channel 11 and Compass. *Projected Project Requiring Funding: - Funds would be used for a Juvenile Fire Setter Program—Total cost$2,000 - Funds would be used for a Senior Safety Program—Total cost$3,000 - Funds would be used for a sound system for the Clown/Puppetry Program and other fire safety programs—Total cost$4,879.75 (The total cost for all three programs is $9,879.75—matching funds are available so the request is for half of the total or$4,939.87) *Matching funds available. FOUNTAIN HILLS ARTS COUNCIL $5,000/ *Primary Function/Purpose in Community: -To enhance the quality of life in the Fountain Hills area by developing, supporting and promoting the visual,performing and literary arts. *Previous Projects: -Provided a resource directory of local artists,musicians,dancers,thespians,and writers; sponsored a jury art show;host artist reception; sponsored Arts Day; contribute column in newspaper;painted cans in the park;Amado Pena workshops; create newsletter;participate on the Community Plaza Committee and fundraising efforts for the new community center. *Projected Project Requiring Funding: -Funds would be used in the Public Art Fund for use in the courtyard and linear mall of the new community center. *Matching funds available. TOTAL FUNDS REQUESTED/RECOMMENDED AWARD $27,317.87/$10,598 LTAF Request Summary FY 99/00 Page 4 of 4 Law Offices Of William E. Farrell, P.L.L.C. be" Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale,AZ 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrel 1/i Town Attorney DATE: May 18, 2000 RE: Golden Eagle Park Well Site Fountain Hills Sanitary District L The item on your agenda this evening for consideration and action concerns the participation by the Town of Fountain Hills with the Fountain Hills Sanitary District in order to facilitate the much needed effluent injection program that is being sponsored and developed by the Sanitary District. The Sanitary District and CCWC have reached an agreement whereby CCWC will provide title to one of its current wells known as Well 9 in exchange for a new well having approximately the same capacity as Well 9. The Sanitary District will use Well 9 as one of its permanent injection wells. The Sanitary District has determined that the best location for the new well would be on a portion of the land that is currently Golden Eagle Park. This location was chosen for a number of reasons one of the most important being its ability to be connected into the existing CCWC distribution system. The Town Staff agreed in principle to assist the Sanitary District by entering into a nominal ($1.00 per year) lease agreement and based upon those representations the Sanitary District has put in place all of the necessary bids for the construction of the well. A lease is needed by the District so that they may go upon the property for the purposes of constructing the well. L Z:\W PDATA\FH\Sanitary W eI I sMem.wpd Re: Golden Eagle Park Well Site Fountain Hills Sanitary District May 18, 2000 Page 2 I have asked the attorney for the District to prepare a lease agreement with necessary insurance and environmental protections to the Town as the land owner upon which the well will be located. That lease agreement is attached to this memorandum. Since this item is coming before you at the last minute it is not absolutely necessary that the form of the lease agreement be approved this evening. It is entirely possible that the actually execution of the agreement could be delayed to either the first June meeting or the first July meeting, however, it is imperative that if a majority of the Council supports this concept that the Sanitary District receive permission to go upon the property as soon as possible and to start construction of the well so that the necessary testing and licensing of the well can occur. I would therefore propose one of two possible courses of action. The first would be to approve the lease agreement as attached or with any minor amendments that we wish to make and the second alternative would be to authorize a temporary construction easement from the Town of Fountain Hills to the Fountain Hills Sanitary District for the purposes of construction and testing of a well and that the lease agreement be returned to the Council at a future meeting for review and authorization. I will conclude by an apology on my part for having this matter on the agenda in such a rushed circumstance. I think you are all aware that there have been a number of other items that have occupied the Council and Town Staff over the past several months and this one unfortunately was not brought to your attention a little earlier. Representatives of the Sanitary District are present and they along with Town Staff can answer any questions you may have. Staff respectfully requests that the Council look with favor upon either the lease agreement or the granting of a temporary construction easement this evening. Respectfully submitted, Yos4tell William E. Farrell Attorney at Law tkirw Z:\WPDATA\FH\SanitaryWellsMem.wpd LEASE AGREEMENT L THIS LEASE AGREEMENT (this "Agreement") is made and entered into as of/ a,r/ 1 � , 2000, by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ("Lessor") and the FOUNTAIN HILLS SANITARY DISTRICT, an Arizona sanitary district ("Lessee"). RECITALS A. Lessor is the owner of that certain real property described on Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof(the "Property"). B. Lessee desires to construct a water production well on the Property, as depicted on Exhibit "C" attached hereto and made a part hereof("Lessee's Well"). C. Lessor understands that Lessee shall, upon completion of its construction, transfer ownership of Lessee's Well to Chaparral City Water Company ("Chaparral") in exchange for Chaparral's current production water well known as "Well #9". D. Lessor further understands that such exchange of Lessee's Well and Well #9 is necessary to enable Lessee to proceed with completion of its recharge and recovery project, the permanent solution for effluent disposal within the Town of Fountain Hills. AGREEMENTS NOW,THEREFORE, in consideration of the foregoing, and the covenants,promises and agreements contained herein, Lessor and Lessee agree as follows: 1. Premises. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Property and the Easement, as such is described in paragraph 1.2 below (the Property and the Easement are collectively referred to as the"Premises"),upon and subject to the terms,conditions, covenants and provisions hereof, as follows: 1.1 Real Property. The Property, including without limitation, surface and subsurface water and mineral rights,privileges and easements benefitting,belonging or pertaining thereto, and any right, title and interest of Landlord in the Property. 1.2 Easement. An easement, as more particularly described on Exhibit"D"and depicted on Exhibit "E" attached hereto and made a part hereof, and subject to the conditions set forth in subparagraphs 1.2 (a) - (d)below, for access to the Property and for connection of Lessee's Well to the Chaparral water transportation and delivery system (the "Easement"). Lessee's use of the Easement shall be conditioned as follows: (a) The Easement shall be a nonexclusive,permanent utility easement and easement for vehicular and pedestrian ingress,egress and traffic over, upon and under Lessor's real property as described on Exhibit "D" and depicted on Exhibit "E" attached hereto. (b) All expenses of constructing, maintaining, repairing and replacing paving, landscaping and related improvements and utilities installed over, upon or under the Easement shall be the obligation of Lessee, its successors, assigns and lessees. (c) Although the Easement shall not be exclusive, no other grant of easement may be made by Lessor which would interfere with or obstruct the use of the Easement to provide access to Lessee's Well. (d) In the event the Easement shall be abandoned and permanently cease to be used for the purposes herein granted, then the Easement shall cease and revert to Lessor, its successors or assigns. 2. Use of Premises. 2.1 Lessee shall have the right,at its expense,to install,construct,reconstruct and maintain on the Premises Lessee's Well and all necessary appurtenant facilities. 2.2 Lessee shall be entitled to reasonable access to the Premises twenty-four hours a day, seven days per week, and shall have all additional rights of access, ingress and egress (iv to and from the Premises,provided however,except in the case of an emergency,Lessee shall notify Lessor in advance of Lessee's proposed construction, maintenance or repair activities to be performed on the Premises in order to coordinate said activities with Lessor's operations. 3. Rent. 3.1 Beginning as of the date on which this Agreement is executed, Lessee covenants and agrees to pay to Lessor a rental of $10.00 per year, payable annually on the anniversary date of execution of this Agreement. 3.2 Lessee shall pay, as additional rent, any transaction privilege tax or use tax assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 4. Insurance and Indemnity. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00 single limit, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include premises-operations, products/completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither party's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with 2 STATE OF ARIZONA ) ,, ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this..5' day of 4 er , 2000, by Sharon Morgan, the Mayor of the Town of Fountain Hills,an Arizona municipal corporation,on behalf of the municipal corporation. Notary Pu c f My Commission Expires: - ' �.,�, OFFICIAL SEAL I "+ ' :EVELYN J. BENDER z�7 � 2_003 Notary Public-State of Arizona , 1 MARICOPA COUNTY , '� My comm.expires Aug.2B,20034 - - z—r STATE OF ARIZONA ) ) ss. County of Maricopa ) Niirw The foregoing instrument was acknowledged before me this '6 day ofa0. 2000, by Bruce Hansen, the Chairman of the Board of Directors of the Fountain Hills Sanitary District, an Arizona sanitary district, on behalf of the sanitary district. OCP-esA2—PL Notary Public My Commission Expires: ,,r; OFFICIMAR CELESTE MARCHESE 4 Notary Public-State of Arizona j„CY/L.J2_._ -bb a �, MARICOPA COUNTY +47 0 My Comm.Expires June 30,2002 F:\Data\W PDOCS.DAJ\3570.002\lease2 5-17-00-I ire/' 7 Law Offices Of William E. Farrell, P.L.L.C. tbe Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale,AZ 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell of Town Attorney DATE: May 18, 2000 RE: Eminent Domain of Public Utilities Chaparral City Water Company At our council meeting on May 4, 2000 Councilmember Poma asked for a report on the legality and feasibility of exercising the power of eminent domain by the Town of Fountain Hills to acquire the ownership of Chaparral City Water Company. This report is designed to give an overview of the legal aspects as well as the financial aspects of such an action. LEGAL AUTHORITY: A.R.S. § 9-511 gives municipal corporations such as the Town of Fountain Hills the power to engage in any business or enterprise which may be engaged in by persons by virtue of franchise from the municipal corporation. The municipal corporation may construct,purchase,acquire,own and maintain within or without its corporate limits any such business or enterprise. A.R.S. § 9- 511.C. provides that a municipality may exercise the right of eminent domain either within or without its corporate limits for the purposes as stated in subsection A. above. A.R.S. § 9-514 provides that before a municipality constructs,purchases,acquires or leases any of the businesses described in A.R.S. § 9-511 (a water company) it must first seek the affirmative vote of a majority of the qualified electors voting at a general or special municipal election duly called and held for the purposes of voting on the question. The Town of Fountain Hills has never asked the voters for permission under A.R.S. § 9-514 to exercise those powers and therefore it is my opinion that the Town of Fountain Hills as a municipal corporation could not acquire any of the regulated utilities currently serving residents of the Town without first having such an election. Z:\WPDATA\FH\CCWC\EminentDomainMEM.wpd May 18, 2000 Re: Eminent Domain of Public Utilities Chaparral City Water Company Page 2 A.R.S. § 48-701et.seq. provides for the formation of Communities Facilities Districts. A.R.S. § 48-701 is the definition section and defines municipality as meaning an incorporated city or town. A.R.S. § 48-701.12.(c) defines public infrastructure as a water system for domestic, industrial,irrigation,municipal or fire protection purposes including production,collection,storage, treatment, transport, delivery, connection and disposal A.R.S. § 48-709 lists the powers of a Community Facility District and among those powers is the right and power of eminent domain. The Town of Fountain Hills has in fact formed a Community Facilities District known as the Fountain Hills Water Company Community Facilities District and it was formed in November of 1998. The Board of Directors of the Fountain Hills Water Company Community Facilities District are the current Mayor and Council of the Town of Fountain Hills and that organization will continue in existence. It would therefore be my opinion that the Fountain Hills Water Company Communities Facilities District has the legal authority to exercise the power of eminent domain to purchase a domestic water company without the necessity of a public vote authorizing the District to be in the water business. Two other communities in the state,Apache Junction and Prescott Valley have used the Community Facilities District statute to acquire domestic water companies. FINANCIAL ASPECTS & HISTORY The Town of Fountain Hills was informed in May of 1998 that the parent company of CCWC had retained a consulting firm to assist it in collecting private and confidential bids for the sale of the stock of CCWC. The Town signed a confidentiality agreement which restricted or totally eliminated the ability of the Town to release confidential information that was provided to the Town regarding the acquisition of the stock. After a very brief legal and financial review it was determined that the Town or a Community Facilities District could not acquire the stock and therefore could only purchase the assets of an existing company. With this conclusion the Town did not go forward in what I will call Round 1 of the negotiations. Although we have no exact information we are lead to believe that none of the bids submitted to MCO during Round 1 were acceptable. MCO approached the Town in November of 1998 about the possibilities of a negotiated purchase of the assets. The Town Council authorized staff to enter into negotiations to acquire the company for a price not to exceed 31.5 million dollars and under terms and conditions that would not result in a water rate increase in excess of 9%. Z:\WPDATA\FH\CCWC\Eminen[DomainMEM.wpd May 18, 2000 Re: Eminent Domain of Public Utilities Chaparral City Water Company Page 3 The Town engaged the services of numerous consultants in the engineering and environmental areas and conducted extensive due diligence on the financial and operational aspects of the water company. Those investigations resulted in a conclusion by the Town that it would be unable to acquire the assets under the terms and conditions specified by MCO before the process started. Although Town Staff was authorized to make a tentative bid of less than the amount sought by MCO negotiations eventually broke off and no formal offer was ever presented to the Town Council. MCO started round 2 of the negotiations again using a private consultant and again insisting upon sealed and confidential bids. Since the Town had participated so heavily in its prior due diligence and financial analysis, the Council instructed staff to sign an additional confidentiality agreement and to place a sealed and confidential bid into the process for consideration by MCO. Although MCO made no public announcement regarding the rankings or the negotiations with bidders until early in 2000 it became apparent to the Town that its sealed bid was too low and that suspicion was confirmed several months ago when MCO made a public announcement that they had entered into a tentative agreement with American States Water Company to sell all of the stock of CCWC to American States. The announced purchase price is $31.2 million dollars and approval of the stock transfer is currently pending before the Arizona Corporation Commission. The acquisition of a public utility by government through the use of condemnation involves the process of determining the fair market value and is traditionally done though either an appraisal or through a court appointed special master. Unlike real estate wherein comparable sales are usually the most reliable basis for the purchase or condemnation of real estate;utilities companies are most usually valued under a system known as reconstruction cost new less depreciation(RCLND). The RCLND is arrived at by an appraiser and additional value is added to the company if it can demonstrate intangible costs such as going concern, obtaining CAP water supply and the value assigned to the certificate of convenience and necessity. Comparable sales used so frequently in real estate are usually not available in utilities because of the difference in size and plant of the various public utility companies. Our case is a little different in that we would have an established market value at 31.2 million dollars representing the current sale. Although staff can not release the confidential information that it obtained during its due diligence it is the opinion of staff that the Town acting through a CFD could not acquire the assets for 31.2 million dollars without a double digit rate increase. It is also the opinion of the staff that the owner of CCWC could establish an RCLND value in excess of 31.2 million dollars through competent expert witnesses. Z:\WPDATA\FH\CCWC\EminentDomainMEM.wpd May 18, 2000 Re: Eminent Domain of Public Utilities Chaparral City Water Company Page 4 CONCLUSION: It would therefore be the conclusion and recommendation of the staff that the council not authorize the acquisition of the assets of CCWC at this point in time. Rather staff would recommend that we continue to work with an monitor the activities of American States Water Company and should an opportunity for reasons this point in time unknown to either party occur then the Town should pursue at some point in the future the acquisition of the assets of the domestic water company. Respectfully submitted, William E. Farrell Town Attorney L ZA W PDATATH\CC W C\Em inentDomain M EM.wpd Law Offices Of William E. Farrell, P.L.L.C. Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale.AZ 85258-5312 DRAFT May 2000 The Honorable Carl J. Kunasek Chairman The Honorable Jim Irvin, Commissioner The Honorable William A. Mundell, Commisssioner Arizona Corporation Commission 1200 W. Washington Phoenix, AZ 85007-2996 Re: Docket No. W-02113A-00-0233 Stock Transfer of Chaparral City Water Company to American States Water Company Gentlemen: I am writing to the Commission as the Town Attorney for the Town of Fountain Hills pursuant to direction of the Town Council taken as part of their regular agenda at a public meeting held on the evening of May 4, 2000. The Town Council had asked our office to investigate the issues regarding the transfer of stock referenced above. Pursuant to that direction, we have met with the principals of American States Water Company, and they have provided to the Town Council a three page letter dated April 14, 2000, a copy of which is attached to this letter. American States Water Company has also made available to my office information regarding access to the attorneys involved in both corporate and litigation matters in the State of California, and have offered us access to a great deal of information regarding the company's current operations. The provision of domestic water to the citizens and users of the Town of Fountain Hills is extremely important to the Town Council. Our initial impression of American States Water Company is such that it is the opinion of the Council at this time that they will be a good L The Honorable Carl J. Kunasek The Honorable Jim Irvin The Honorable William A. Mundell May 2000 Page Two corporate citizen in our community, and they have initially demonstrated a pledge of cooperation on all important future matters. I am, therefore, authorized by the Town Council to indicate to you that the Town of Fountain Hills will be supporting this acquisition by American States Water Company and would respectfully request that, if all other aspects of your staff's analysis of this particular docket are consistent with your policies, you would look with favor upon this action. Respectfully submitted, William E. Farrell Town Attorney Town of Fountain Hills WEF:pf cc: Mayor and Council Town Manager Town Clerk Debra L. Scott, Director of Utilities Division Lyn Farmer, Esq., Chief Counsel Jerry L. Rudibaugh, Chief Hearing Officer Z:\W PDATA\FH\CCWC\Corp Commission.ltr.wpd (a) The Easement shall be a nonexclusive,permanent utility easement and easement for vehicular and pedestrian ingress,egress and traffic over,upon and under Lessor's real property as described on Exhibit "D" and depicted on Exhibit "E" attached hereto. (b) All expenses of constructing, maintaining, repairing and replacing paving, landscaping and related improvements and utilities installed over, upon or under the Easement shall be the obligation of Lessee, its successors, assigns and lessees. (c) Although the Easement shall not be exclusive, no other grant of easement may be made by Lessor which would interfere with or obstruct the use of the Easement to provide access to Lessee's Well. (d) In the event the Easement shall be abandoned and permanently cease to be used for the purposes herein granted, then the Easement shall cease and revert to Lessor, its successors or assigns. 2. Use of Premises. 2.1 Lessee shall have the right,at its expense,to install,construct,reconstruct and maintain on the Premises Lessee's Well and all necessary appurtenant facilities. 2.2 Lessee shall be entitled to reasonable access to the Premises twenty-four hours a day, seven days per week, and shall have all additional rights of access, ingress and egress tkriw to and from the Premises,provided however,except in the case of an emergency,Lessee shall notify Lessor in advance of Lessee's proposed construction, maintenance or repair activities to be performed on the Premises in order to coordinate said activities with Lessor's operations. 3. Rent. 3.1 Beginning as of the date on which this Agreement is executed, Lessee covenants and agrees to pay to Lessor a rental of $10.00 per year, payable annually on the anniversary date of execution of this Agreement. 3.2 Lessee shall pay, as additional rent, any transaction privilege tax or use tax assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 4. Insurance and Indemnity. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00 single limit, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include premises-operations, products/completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither party's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with 2 st the policy limitations set forth above. Each party shall indemnify and defend the,theriagv in t loss from its negligent acts and the negligent acts of its employees, agents, 5. Assignment and Subleasing. 5.1 Lessee may assign this Lease,in part or in whole,including its zona Corporation to renew, to Chaparral or to any person or business entity which is authorized by Commission to operate a potable water system. 5.2 Upon notification to Lessor of any assignment,Lessee shall be relieved of all performance, liabilities and obligations under this Agreement. 6. Mutual Representations and Warranties. execute this Agreement and has the power party � the other that(i) it has full right,power and authority t to grant all rights hereunder; (ii) its execution and performance of this Ag e er enorow wirll ao violate any laws, ordinances, covenants, or the provisions ofany mortgage, binding on said party; and (iii) the execution and b f all necessary personnel or corporate delivery sAgreement, performance of its obligations hereunder, have been duly authorized y officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 7. Defaults. 7.1 A default shall occur upon Lessee's failure to materially perform performed, andthe covenants, conditions and agreements herein contained on Lessee's part be kept or and the continuance of such failure without the curing of m the na period of such0 days afterf Lessee by Lessee of written notice from Lessor specifying in detailion,give Lessee does not cure such failure as provided Section 2 fupon a date spec fied,then Lessor may,at linsptch notice, which a notice of election to end the Term of this Agreement date shall be not less than ten business days(Saturdays, Sundays datespecified d lholidays a notice, er the receipt by Lessee of such notice from Lessor. Upon the of this Agreement and estate hereby vested in Lessee shall cease et and any r lapse and of all ti right, g t,,as fully and interest of Lessee hereunder shall likewise cease without furtherde d with like effect as if the entire Term of this Agreement had elapsed. The et curingereof, of any hall con tiau It within the above time limits by any of the aforesaid parties orcombination a curing of any default hereunder with like effect as if Lessee had cured same hereunder. 7.2 In the event that Lessor gives default not be deemed to continue notice t of such nature that it so t be cured within such period as set forth above,then such long as Lessee, after receiving such notice, proceeds to cure tt e same within a period of timedefault as soon as l possible and continues to take all steps necessary to completee which, under all prevailing circumstances, shall be reasonable. No dt cure theefault lsame in good fath continuing and not cured if and so long as Lessee shall be proceeding or be reasonably delayed in, or prevented from, curing the same. 8. Waivers. The failure of Lessor or Lessee to complain of any act shall not orbe missid to on on the e part of the other party, no matter how long the same may y continue, 3 waiver by said party of any of its rights hereunder. No waiver by Lessor or Lessee at any time, express or implied, or any breach of any provisions of this Lease, shall be deemed a waiver or a breach of any other provision of this Agreement or a consent to any subsequent breach of the same or any other provisions. 9. Mineral Rights. 9.1 Lessor represents and warrants to Lessee that(i) Lessor is the present owner and holder of all of the rights for the development of all minerals lying upon, in or underlying the Premises, and (ii) the Premises are not subject to any lease or agreement for the exploration or development of any mineral or substance (including, but not limited to oil, gas, lignite, uranium, sulphur, sand,gravel or caliche)whether solid, liquid or gas,however produced or extracted, lying upon, in or under the Premises. 9.2 During the term of this Agreement, Lessor shall not explore for or develop any mineral or substance lying upon, in or under the Premises, and, further, shall not enter into or execute any lease or agreement for the exploration or development of any mineral or substance lying upon, in or under the Premises. During the Term of this Agreement Lessor will not conduct nor grant to third parties the right to conduct seismic explorations or soil borings or core tests upon the Premises except with the prior written consent of Lessee,which shall not be unreasonably withheld. 10. Notices. Any notice, demand or other communication required or permitted to be given under this Lease 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 recognized and reputable overnight delivery service, to the address set forth below: If to Lessor: Town of Fountain Hills Attn: Town Manager 16836 E. Palisades P.O. Box 17958 Fountain Hills, AZ 85268 with a copy to: William E. Farrell, Esq. 10135 E. Via Linda, Suite 220 Scottsdale, AZ 85258 If to Lessee: Fountain Hills Sanitary District Attn: General Manager 16941 E. Pepperwood Cir. Fountain Hills, AZ 85268 L 4 with a copy to: Andrew J. McGuire, Esq. 4201 N. 24`h Street, Suite 300 Phoenix, AZ 85016 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 and reputable 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. 11. Governing Law. This Agreement, and the performance hereof, shall be governed, interpreted, construed and regulated by the laws of the State of Arizona. 12. Severability. If any term,covenant,condition or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law;provided,however,that such invalidity does not materially impair the use of the Premises for a production water well. 13. Memorandum of Agreement. The parties will at any time, at the request of either one,promptly execute duplicate originals of an instrument,in recordable form,which will constitute a short form of this Agreement, setting forth a description of the Premises, the Term of this Agreement and any other portions thereof, excepting the rental provisions, as either party may request. 14. Interpretation. Wherever herein the singular number is used,the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 15. Entire Agreement. No oral statement or prior written matter shall have any force or effect. Lessee and Lessor agree that they are not relying on any representations or agreements, other than those contained in this Agreement and the Exhibits attached hereto. This Agreement shall not be modified, except by a writing signed by both parties. 16. No Joint Venture. By executing this Agreement,the parties are not establishing any joint undertaking, joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account. 17. Conflict of Interest. Pursuant to the provisions of AR1z. REV. STAT. § 38-511, Lessor may cancel this Agreement without penalty or obligation,if any person significantly involved in initiating,negotiating,securing,drafting or creating this Agreement on behalf of Lessor is at any 5