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HomeMy WebLinkAbout2001.0426.TCSM.Packet O (ow k li I ti) 40 • 'that is?s1 NOTICE OF SPECIAL SESSION OF THE FOUNTAIN HILLS MAYOR'S DOWNTOWN PARTNERSHIP COMMITTEE WHEN: THURSDAY,APRIL 26, 2001 TIME: 8:00 A.M. WHERE: TOWN HALL CONFERENCE ROOM 16836 EAST PALISADES BOULEVARD,BUILDING A Pursuant to A.R.S. 38-431.02, notice is hereby given to the Members of the Fountain Hills Mayor's Downtown Partnership Committee and to the general public that the Members of the Fountain Hills Mayor's Downtown Partnership Committee will hold a special session open to the public on Thursday, April 26, (iv 2001, at 8:00 a.m. in the Town Hall Conference Room, located at 16836 E. Palisades Blvd., Building A, Fountain Hills,Arizona. • The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER. 2.) Approval of the March 29,2001 meeting minutes. 3.) Overview by Hank Lickman,Executive Vice President of MCO Properties,Inc.on the status of the proposed south Plat 208 development. 4.) Discussion on the proposed south Plat 208 development. 5.) Scheduling of next meeting. 6.) Adjournment. DATED this 24th day of April2001. By: , (..6.0 itY) ,e Q Susan M.Degler,Recording Secret. The Fountain Hills Mayor's Downtown Partnership Committee in cooperation with the Town of Fountain Hills Nhoindeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800- 367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. MEMORANDUM TO: 'T ON V A BLE MAYOR MORGAN AND TOWN COUNCIL FROM: P A 1,' I IN,TOWN MANAGER DATE: AP' ,20I RE: MANAGER'S REPORT FOR THE APRIL 19TH COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede the Thursday's regular meeting at 5:30 p.m. in the Jury Room. The Council meeting will immediately follow at 6:30 p.m. in Council Chambers. The law enforcement consultant firm of Lou Reiter and Associates will visit Fountain Hills from April 16th through April 22nd to conduct their study. A site visit schedule was previously distributed for your information. r► CONSENT AGENDA: There are four items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM#5 - PRESENTATION BY EVAC ON THE TOWN'S DRUG ABUSE AND PREVENTION PROGRAM: Kristen Genovese from EVAC (East Valley Addiction Council) will update the Council on the Town's substance abuse and prevention program. Please refer to Cassie's attached report. AGENDA ITEM#6- RESOLUTION 2001-18/FAMILY ADVOCACY CENTER: Rick Melendez, Chairman of the L.E.A.P. Committee, will make a presentation on a proposed project that would greatly serve our community. He will discuss the Family Advocacy Center concept that is underway across the nation. This center could provide our community a closer place where families in crisis would be provided assistance with their problems. A resolution declaring the Town's support of the proposed Family Advocacy Center to be located in the City of Scottsdale is attached, (kw with a cover memo from Steve. AGENDA ITEM#7 - RESOLUTION 2001-19/SUPPORT OF DOWNTOWN DEVELOPMENT EFFORTS: Mayor Morgan and Councilmember Ralphe are collaborating on the enclosed resolution. Their interest is for the Council to make a clear policy pronouncement concerning the Hyett Palma report and downtown development. This resolution states the Council's desire to implement the general goals and objectives of the report, which recognizes that every single recommendation might not ultimately be implemented. This resolution further states the Council's support of the Mayor's Downtown Partnership Committee and encourages the participation of the Plat 208 Property Owners Association. It is my recommendation that the Council approve this resolution, as I believe it is very appropriate for the Town Council to state its intentions regarding the Hyett Palma report. Please refer to the attached resolution. AGENDA ITEM#8 - RESOLUTION 2001-17/ACQUISITION OF REAL PROPERTY FOR PUBLIC ROADWAY: Bill Farrell has attached a memorandum for this agenda item. This resolution will be needed for inclusion in our exhibits in the eminent domain trial. AGENDA ITEM#9- RESOLUTION 2001-21/ACQUISITION OF REAL PROPERTY FOR OPEN SPACE: (tao This is an eminent domain resolution for washes and open space areas which the Town wishes to acquire to assist the Barclay Group in meeting their requirements for disturbance of the existing wash on the Shea retail center project. A memorandum from Bill Farrell is attached. AGENDA ITEM# 10 - AMENDMENT RELATING TO SWIMMING POOL CONSTRUCTION: This item has been placed on the agenda at the request of Mayor Morgan. A resident has requested that Council consider a text amendment to allow swimming pool and pool enclosures to encroach into street-side yard setbacks if certain conditions are met. Jeff s report is enclosed. Loy Town Manager's Report April 19,2001 Council Meeting Page 2 of 2 April 18,2001 (60, Iriteroffice Memo To: HONORABLE MAYOR AND TOWN COUNCILC.))* 41.' From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 04/18/01 Re: CHANGES TO THE 4/19/01 COUNCIL AGENDA Just a quick memo to point out the changes on the attached revised agenda. They include the follow) • ,x� 7 '. HAYWORTH INTRODUCTION 5r .D rl �r be inFou 97i0'''.4\''":L „:;e:IrIttx: ntain " stilt!,row evening for a "Town Hall" meeting and will drop by the t 9 imneeti Oome i = rani e evenin . When he makes an appearance, the Mayor will troduce him ,�. v atever 'Roil', 9:re in the agenda. a N" E 2 LION UPDATE 41N,Zilt! ,i, gF, ,Paul ba s c t - b ;:`m x p ent to provide the Council with an update on the $2.1 million ,,a ,g, ,,estment. .vii ;:. GENso ,,,,,„„ To„ , A ,,, M ID A ITE #10-C�; E D-HOC COMMITTEE Kayo ou lwo r a t C an a utcheson have asked that this item be placed on the agenda for discussion de, tiler by the Council. The committee would represent the Town in matters relating—to - 'fig t patterns over Fountain Hills. Please see attached memo from Paul. (to, Page 1 of 1 Updated Agenda Items 4/19/01 Last printed 04/18/01 2:18 PM 04/18/01 April 13,2001 L Interoffice Memo ,,„„„.,„,„._. , ,...., , ., .".,,,, To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 04/13/01 Re: AGENDA ITEM #2—VILLAGE PUB LIQUOR LICENSE AGENDA ITEM #2—VILLAGE PUB LIQUOR LICENSE Mr. Joe Williams, the new owner of the Village Pub, has applied for a new Class 12 Restaurant liquor license for the establishment located at 16740 East Palisades Boulevard. Although there was a ' ` nse at the Pub, change in ownership requires that a new license be ob ,Ian. z " ' that 40% of the business be devoted to food service. Marshal e & . e� r edi is7investigation and verified that the Pub complies with all state liquor leaseese`t attac s e ' from Steve.) The premise was posted for the statutory twenty- m., d ire erio and n write.;- r� ents were received at Town Hall. Mr. Williams has obtained ice se ` Base -.on _atuto compliance staff recommends approval. (illy ., q local buss espi. ry P M Y � cu 3u Y I ��h j4»':i `��"� Q.G.: e".<:.. P>a 3 <:Erck ..F 5 s" YDvHh: �"� `P W er "`�,„""' .fin „k yrr?,. ..t s YZ'm?. «u r fk.# rA°.0 r �Y z .,.M L, Page 1 of 1 Agenda Items 4/19/01 Last printed 04/13/01 1:50 PM 04/13/01 Town of Fountain Hills Memorandum (rnor TO: Cassie Hansen FROM: Steve Gendler DATE: April 3,2001 SUBJECT: Liquor License Application—Village Pub The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the "Village Pub", located at 16740 E. Palisades Boulevard. It is my understanding that the application is scheduled for consideration the Council session on April 19th. RACKGROI IND INVESTIGATION: This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A site inspection at the facility clearly Lshows that over 60% of the establishment will be devoted to service of food. In addition, the facility served as a restaurant under several previous owners who all qualified for class 12 licenses. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection did show a class 6, two class 7, a class 9, six class 12 and a class 14 liquor licenses within a half-mile radius, this is typical of a developing commercial district and would have no effect on the license application. The applicant, Joe Williams, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. Additionally, Mr. Williams has applied for and received a Fountain Hills Business Licenses, #4322, valid through 2/28/02. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and has secured a Fountain Hills business license, I recommend approval by the council at the April 19th Council meeting. L Business License Verification To: Public Safety Director Steve Gendler From: .1fca' A ir/e-t! , /61:4 i 'I s '/c E� Date: Applica nt: G Jp i11//`i0.5 — G ��1C1 /°,4 Applicant's address: /(19 7Y E //.5&4 '):5 ,//k'' Business License: Business License effective period: -3/"d/ /6r K -a I COMMENTS: � _ (iv r .vt I : a,' 7,, 1(2,,, )ffl, L • , ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL t r Or '}ww- t►�`�cie, ��- S . ���-t, 400 W Congress#150 800 W Washington 5th Floor , Tucson AZ 85701-1352 Phoenix AZ 85007-2934 .." l - 141 4. : ,(520) Rff �V'ED (602) 542 5 - L 1 ' , '.., MAR 2 3 1001 "Y -�Dw n b�S y APPLICATION FOR LIQUOR LICENSE 1 grauwrAIN HP I S • TYPE OR PRINT WITH BLACK INK TOWN CLERK • Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. Post 3-}3 -D i SECTION 1 This application is fora: SECTION 2 Type of ownership:"`�"� ^ t,- l ;/ Lound.I ,-19-0I RIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 i4 NEW LICENSE Complete Sections 2,3,4,13,14,15,16, 17 . ffi INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 0 CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 ❑CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain . SECTION 3 Type of license and fees: LICENSE#: r1 1. Type of License: f / . . 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonor : checks(A.R.S. 44.6852) ' L SECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent's Nam . GU i►...LI A'VA S L -� i)H/ 1-4:.- (Insert one name ONLY to appear on license) Last First - Middle 2. Corp./Partnership/L.L.C.: . (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: V i A G-�� Pi-4.b (6* 6/j��I(Exactly as it appears on the exterior of premises) C1 e 77 4. Business Address: f(p 7 O L t P! `c$4 D ciS 3 t v 0 _ - r I M 2(Cop A of S 0-(98 (Do not use PO Box Number) COUNTY Zip 5. Business Phone:( ) P 3 7- 8 r) Residence Phone: ( (SO.L.) q 5 -6 Z-2.ti 6. Is the business located within the incorporated limits of the above city or town?atONO J 7. Mailing Address: Col `4O L- PIN uS Pt mac. i3 L-v, rev r.sre.c�b0 14► 1..L 4 it&, OS 4g City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by Date:c 23i-{) j Lic.# gOrl 1-) (6 ) r - -W-01-7 agia) 2 q Fees: Application Interim Permit Agent Change Club F.Prints TOTAL LPROCESSING APPLICATIONS TADS APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT INA LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FORA GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF nib.LICENSE. LIC 010011/2000 *Disabled individuals requiring special acco modation,please call(60 542-9027. e - 11 ( afJiC „Uteri afg 1 I A SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"UCO101",AN"APPUCANT'TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH•ARE). ❑ cal RPORATION Complete questions 1,2,3,5, 6, 7,8. ❑ L.L. . Complete questions 1,2,4,5, 6, 7 and attach copy of Articles of Org.aru!Op ation Agreement. 1. Name of Corporatio 04 .LC.: (Exactly as it appears on Articles of Inc.or Articles of Org.) - , 2. Date Incorporated/Organize.• State where Incorporated/Organized: 3. AZ Corporation Commission File . : Date authorized to do b. mess in AZ: 4. AZ L.L.C.File No: Date authorized to s o business in AZ: 5. Is Corp./L.-LC.non-profit? ❑YES ONO .-s,give IRS tax exempt number: 6. T ist all directQrs/officers in Corporation/L.L.C.: Last • First Middle Title Residence Address City State Zip 7. T ist stockholders or controlling members oto , ': �' • ��• First d ',OwIedII Residence AddressCi State Zi. % %a % % (ATTACH ADDITIONAL SHEET IF NEC'FSSARY) 8. If the corporati .L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attac additional sheets as necessary in order to disclose real people. SECTION 8 Club i 0•licants: EACH PERSON USTED MUST SUBMIT • • PLETED FORM"UCO 101",AN"APPUCANT'TYPE FINGERPR CARD,AND$24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES 0 NO If yes,give IRS ►.. exempt n .. ber. 3. List officer and directors: Last First Middle Title Residence Address City State Zip CP' / . / (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 , SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRAN • •UNTIL IT IS APPROVED BY THE STATE. Lourrent Business Name and Address: (Exactly as it appears on license) ‘4414r* 2. New Business Name and Address: (Do not use PO-pox Number) 3. License Type: License N 11 I- : •. t Renewal Date: 4. What date d4 you plan to move? What date do you plan to open? r.. SECTION 1.3 Questions for all in-state applicants: • 1. Distance to nearest school:19 Z O ft. Name/Address of school: F)u"' : l c s 14 t �-- (Regardless of distance) r 6c-(30 t_ s 8 L-1/4)), O 2. Distance to nearest church: SZ-8 0 ft. Name/Address of church: i o t L. L -f el i12- t i t (Regardless of distance) ( 360) N, Fou i t - ( Lac ‘31-vyN40\5 (Az Atordn thol— [xLFssEE ❑SUBLFSSEE ❑OWNER 0 PURCHASER(of premises) 4. If thememiser is leased give lessors name and address: PA�.-�.S�� � rt t ` f`�u�% P, bC73 2 A 4a. Monthly rentaUlease rate$ Z-?.51) . What is the remaining length of the lease? % yrs. ¶ mos. 4b. What is the penalty if the lease is not fulfilled? $ perms cS4-7 or-ether �'LL Sold a ' wk,x, #�•� L(fl1 c- (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ i 9 0 av-0 Does any one creditor represent more than 10%of that sum? [A,YES ❑NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip 'at) i(t,'7 to Ox� � ��� Fes,. A &fig (ATTACH ADDTITONAL SHEET IF NEC.FSSARY) _ t 6. What type of business will this license be used for?(BE SPECIFIC) i G E 'vtik- ( ort..A (*• 7. Has a licee,or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑YES rAWNO If yes,attach explanation. 85es anyspirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES'NO 9. Is the premises currently licensed with a liquor license? Ei YES ❑NO If yes,give license number and licensee's name: License# 12.[)7 39 1,9 (Exactly as it appears on license)Name Pr A [4� e-y 5 , a , SECTION 16 Geographical Data: .A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. iii*:below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. t, 1. Psj N `'TAti.%.St D.31 6 1-u - L i ... .. y• NT 3.l p t ,,A. - PA t, .vo et vet F 4. t-ol iw3T6,rJ Zott)L" ?T‘ILK)tb Pt)& L 5. eo-rgrutex) 10%\.%.6►+orr4 C3�J D, 6. OSC..6 S — 7.,e,....6 A befis B,�v .. 7. 4., * ui 0O - - 4.,..:Lv,.. 01'6.0° a o o) Srirbc,"S t�- 'il 8. _ , 9. _ . lo. CD le 1 11. (7.z yr. x�' - 12. 46 13. 14. LAGI ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, jcle-4 -Pill-,&J ss a) ; �.,rr 4 ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this ' (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm,or corporation,except • as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. , State of Art ? County of Al'r i ref C"-- X The gt foregoing instrument was acknowledged before me this Signature) f C-0'L �V 0/ • day of , . • - - II. aMonth Month Year y'� ') .� % ELINDA C.VILL G- ' / (f' Notary Pubiic- My commission expires on: ,_ ,,, ��t�1 ARI N ,J , Jr My Commission Expires(Iry Sr tir<e Of NOTARY PUBLIC) �,___ DECEMBER 2 2nn' 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 400 W Congress#150 800 W Washington 5th Floor ,�, `�_ Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ; ' ' • I��`- ..,',,; ;_��; (520)628-6595 (602)542-5141 QUESTIONNAIRE fib, SOCIAL SECURITY AND BIRTHDATE INFORMATION, IS-CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE`PUBLIC Read Carefully,this instrument is a sworn document._ Type or print with black ink An extensive investigation of your background will be conducted. False or incomplete answers could result - in criminal prosecution and the denial or subsequent revocation of a license or permit. I �-.2,K p."3 TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAG . ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. card submitted. License# I 1 1-"Liquor ! (S There is a$24.00 processing fee for each fingerprint q ) A.service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) (If the location is currently licensed) k 1.CheckOwner['Partner['Stockholder❑Member['Officer❑Agent ❑ Manager(Only) appropriate Other (Complete Questions 1-20&24) (Complete All Questions except#14,14a&25) box --Illt,„. Licensee or Agent must complete#25 for a Manager _ Licensee or Agent must complete#25 2. Name: Lii %L.‘-‘01w•s 0c e�A-\1,3 L--,.•4 Date of Birth: 1 "' l - 41 Last First Middle (This Will Not Become a Part of Public Records) 3.Social•.Securnty'Number: S 8--'-438 CO 8 f Drivers License#: 5(0 8 fit dt t - State: A z_ i (This Will Not Become a Part of Public Records) 4.Place of Birth:, (O G KR VA- LA S Height: Weight: (9 Eyes:Btc-03 Hair: a City state Country " 5. Marital afus ° - El Single[5itMarried❑Divorced❑Widowed Residence(Home)Phone: (G'c i' ) 9 Sc -(r2.2'' , çianae of Current or Most Recent Spouse: Lk),L..(40.N$ afiremv$ eit_ntr,,1,.3 Date of Birth:Z-2(f-413 all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? A fR-N ti- 141 If Arizona,date of residency: -0 c L t Ct 85 8 Telephone number to contact you during business hours for any questions regarding this document.(4 SO) Fi3`7 - [6 1 1 9. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Vi A �6 Premises Phone:(`f 3O ) P)31 - 1 1-1 11.Licensed Premises Address: 1(o7 9 0 . ?n L.t,“b t 3�N FFLrtnr Lt_S rlikiAgAC44.R rSZ Street Address (Do not use PO Box#) City County Zip 12.List your employment or type of business during the past five(5)years,if unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS • (Give street address,city,state&zip) t CURRENT , JA,-1 lc xo i t YL�Tb /pl./L=414o Raft(i l bite `"`i i-8 - .114-,? c3oEhioo Al . .2ir-ft- i n 0 19 e , ,S,n.Lcu-0 _ c, s-rT--..4 A v,).4 t.4s 5'O CO j, l'i C-6 n(..L L L r�ES n it z RS"z i s ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SEUI ION 13. Indicate your residence address for the last five(5)years: ' FROM TO RESIDENCE ' Month/Year Month/Year Street Address City _ State Zip 1 / 1 CURRENT 'ki‘ . 44+4 S`T_ 11'-t 4 PAOENti A g5viet, 1/`f 3 i i A. ,s.�3A1 b k. G i.-13 --- . Az 8523 . LIC 0101 12/2000 Disabled individuals requiring special accommodations please call(602)542-9027 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • � 800 W Washington 5th Floor T ' ' �' 400 W Congress #150 Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 (520)..628-6595 HOTEL-MOTEL AND RESTAURANT LICENSES ';' RECORDS REQUIRED FOR AUDIT OF SERIES#11 &#12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time,you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period „�. 6. A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes -Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) (60. C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor r' 400 W Congress#150 g � Tueson' 85701-1352 Phoenix AZ 85007-2934 (low (602) 542-5141 * (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE# I. . ;_ it by Make,Model and Capacity of your: • Grill .&412 STUvb w l- QVr= t at LL fIN)S61.- ¶ STb tt t -c) Oven Z 2-f rR-c1-" I�t rZ U �--�s' c k c v Freezer 3 rZe w t C e--a Refrigerator 2 c c,ri t Gkre - Curl c- 1 l u A‘..riv ) S •et.t1• &cc c-b fl Sink w\de S c NJ r ) q Ccr.—A a.Z'w.`+c1,.j' S TA 1,J c_Ld S S; Dish Washing Facilities W ve'v5 rk errk-, w ANA c KNckx_ v Food Preparation Counter(Dimensions) I c,-kfict c3(Lc t t- - ( STL31't w, r3,,c; l S L,c c 2 Other 2. Print the name of your restaurant: V a Li-rfc.),. R._b 3. Attach a copy of your menu (Breakfast,Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ 1 0 0 b. Bar area of your premises [ + cv c. Total area of your premises [ e 0 I 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). CXYes Z: % 0 No 7 What percentage of your public premises is used primarily for restaurant dining? L. (Does not include kitchen, bar, cocktail tables or game area.) % *Disabled individuals requiring special accommodations,please call the Department. Lic0114 05/1999 • • ':'.. 2,...'"'f=. • . . .,:,',':, - • • • • • ' ''''.;;. • . . ' ......."*..--... • . . • ': !...''',-," • • ' , • II leet V) > I V) < "-ri r "CI . a.) ' 8 ov 0 i o ." 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O O '6-SliceS'of Slab Bacon on red With Hashbrowns,Toast and,Jelly Thick Texas Toast With -NI, 7 Y f�` Lettuce,Tomato and Mayo I t•'l4j '• • °�. .f,: Farmer' :Omelette ' ' 5:25 Omelette �, . Y s ;gs Stuffed With 3 Large Eggs Stuffed With Sausage, Onions, ® Ham, Bacon,Mushrooms, s,Swiss 8T American c Onions and Cheese CD t _ .. ►rk Omelette Veggie Omelette • :heese 8T Onions Green Peppers 81 Onions With 0 th Sausage Gravy Sliced Mushrooms 81 Cheese A La arte 5.50 5.75 , Toast and Jelly 1.50 Omelette Western Omelette Biscuits (2) 1.50 nions 81 Cheese Green Peppers 81 Onions Sausage Gravy cup 2.25 ith More Cheese With Ham 81 Cheese ® Pancake (1) 1.75 5.50 5.50 One Egg,Any Style .95 K Two Eggs,Any Style 1.50 2tte 4.95 Mushroom Omelette 4.75 Hashbrowns side 1.75 ilette 4.95 Triple Cheese Omelette 5.95 �' Breakfast Meat side 1.95 ielette 4.95 Plain Omelette 4.50 (, ham, bacon or sausage L �'� .� q Specialties COUNTRY BISCUITS • WITH ge Delight The Sampler ® % Top Of Toasted 2 Eggs Cooked Any Style SAUSAGE GRAVY uffin With Sliced With All Three Meats .2) full order half order ed With Country "Ham, Bacon 81 Sausage" 4.75 3.25 3ravy 8T Cheese Hashbrowns,Toast 81 Jelly �► 5.50 5.95 9 k 81 EggsS. Breakfast Burros Beverages ce 8 oz. Steak 2 Warm Burros Filled t Hot Coffee or Tea 1.5© To Your Order With Scrambled Eggs, 0 Iced Tea 1.50 vo Fresh Eggs Sausage,Cheese 81 Onions Carbonated Beverages 1.50 1 ith Hashbrowns o Topped With More Melted Milk 1.50 t and Jelly Cheese,With Hashbrowns Assorted Juices 2.25 7.50 - 5•25 orange,cranberry,grapefruit,tomato ....rd ) Scrambler Country Scrambler just For Kids s Scrambled 3 Eggs Scrambled , under 10 years 3n if 'd Ham With Onions,Greet- Peppers, } One Egg with toast& jelly 2.95° [en shbrowns Cream Cheese, Hashbrowns Z Toast and Jelly Pancakes with butter 5 syrup 2.95 t and jetty 5.50 5.75 p p French Toast with butter az syrup 2.95 -- 0 ® ® 0 Fl (with bacon or sausage add 1.25) • • 0 Omelettes ok51 ® (11„w . r-„-- Served With Hashbrowns,Toast and„jelly • -11-1 Village Omelette (1all Li Farmers Omelette 4 Large Eggs Stuffed With ) 3 Large Eggs tuffed With Ham, Bacon,Sausage, Onions, e Ham, Bacon,Mushrooms, 2` 0 Green Peppers,Swiss &American 5 Onions and Cheese ( 6.99 5.75 New York Omelette Veggie Omelette Sausage, Cheese 81 Onions Green Peppers 81 Onions With 0 Topped With Sausage Gravy Sliced Mushrooms & Cheese 5.50 5.75 ( Irish Omelette Western Omelette ' Bacon,Onions 81 Cheese Green Peppers 8Z Onions i 0 Topped With More Cheese With Ham & Cheese i • 5.50 5.50 Ham Omelette 4.95 Mushroom Omelette 4.75 Bacon Omelette 4.95 Triple Cheese Omelette 5.95 i ' 0 Sausage Omelette 4.95 Plain Omelette 4.50 L Specialties i ' . 0 Village Delight The Sampler ( 2 Eggs On Top Of Toasted 2 Eggs Cooked Any Style English Muffin With Sliced With All Three Meats ( Ham,Topped With Country "Ham, Bacon 81 Sausage" Sausage Gravy az Cheese Hashbrowns,Toast 81 Jelly Z ' 0 5.50 5.95 ( LI Steak 81. Eggs Breakfast Burros A Choice 8 oz. Steak S' 2 Warm Burros Filled Z Cooked To Your Order With Scrambled Eggs, 0 ( - With Two Fresh Eggs Sausage,Cheese 81 Onions Served With Hashbrowns Topped With More Melted • 0 Toast and Jelly Cheese,With Hashbrowns 7.50 - 5.25 J-rjJ Z C) ( City Scrambler Country Scrambler 3 Eggs Scrambled . 3 Eggs Scrambled li Aiwy With Lean Diced Ham With Onions,Great Peppers, And,Golden Hashbrowns Cream Cheese, Hashbrowns 11 Toast and jelty Toast and Jelly 0 A)( 5.50 5.75 7...- ____. . _ __ ..........,.. ., ••••• , a e", , , . y:'-',. ld> a0fleOa7ç7t.,ne a big bowl of our --= servdwitl •�cfieam %ayfreshly made oatmeal W and Frown sugar , 1 .: 3.25 �s�.�$ G_ Fruit Plate Fresh Assorted Fruits, In Season `._......' 1 _�. y,���`'.:'. SMALL LARGE �' - .1 • r'_ Z: 'z 14 . =330 5.50 = _ -_ From The Griddle • Pancakes J French Toast • CC Half Order 3.95 4: 3 Half Order 3.95 - Full Order 4.25 � " Full Order 4.50 With Meat Add 1.25 ,1 With Meat Add 1.25 Strawberry Pancakes _ Blueberry Pancakes 3 fluffy pancakes 3 fluffy pancakes filled with strawberries, *. -: 1 filled with blueberries, (..., served with whipped cream _`�;",'f.,,—,=1 ,6- • served with whipped cream 5.25 5.25 TWO X TWO • Two Eggs,Any Style 8t Two Fluffy Pancakes With Choice of Ham, Bacon or Sausage 5.25 L`1. Egg Favorites , , 2 Eggs,Any Style 2 Eggs,Any Style Choice Of o Served With • Ham, Bacon or Sausage Homemade Hashbrowns With Hashbrowns 5Choice of Toast Toast and Jelly o And Jelly 4.95 ) . 3.75 3 Eggs,Any Style 1 Egg,,Any Style • c With Hashbrowns With Hashbrowns Toast and Jelly Toast and Jelly 4.50 3.25 With Ham, Bacon or Sausage With Ham, Bacon or Sausage ' 5.75 4.50 . .. lof . 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L. . . • ,#i -, • , : ... ,....•a ,,s s - . i I' ..- *7., , ,; :.- ... ....... a 'n t : • ,- --- 14i:.-- ,-ti- - .--... .:--0.-....il"-t- .0,,,,,,, .' .:,'.;;set,&,47,- - - .- - •.-- - .,,!r'ralielP 414 • . �' • .-� -;.i - 'ni^. :. - - '�� . ... ..'emu- — • �-- .L • ... rea as enu 41,4 Ile*-.MIMMMIligialOri .12") `, . -%�' FAVORITESI `�� .� Jar _ DOWN HOME All dinners served with soup or salad,french fries or mashed or baked potato, vegetable and rolls .95 Liver & Onions 6.95 Meatloaf Dinner 6 a house avorite homemade meatloaf topped with tomato sauce f . Chicken Fried Steak 6.95 Ground Sirloin 6 95 perfection made to 2 pound, a tender veal steak smothered in gravy 1/p Pork 11.95 Chops 7.95 Sirloin Steak Dinner 2 succulent pork chops & applesauce made to perfection . . 1/2 Chicken Dinne r 7.95 Hot Roast Beef Dinner 7.95 deepfried with mashed potatoes &gravy ner 7.95 Sirloin Steak & Jumbo Shrimp .. 14.95 Hot Turkey Din sliced turkey with mashed potatoes &gravy Breaded Veal Steak 7.25 BLUE WATERS 1Z TO".�—_-.- _ FROTYI THE DEEP a -L� ..1 12.50 Sheffield Scallops 12.50 tv-imp in the Round 6 golden jumbo shrimp 12 golden scallops jumbo _ Baked Ic e Atlantic Cod 8.95 Cajun Ice Atlantic Cod 8.95 µ��,=�� Deep Fried Ice Atlantic Cod 8.95 ""'� baked with cajun spices �... �r�,,, Popcorn Shrimp 7 95 - `` =- tilib BEVERAGESQ._,Lii_eir-, ; 1.50 Iced Tea 1.50 Coffee or Hot Tea 1.50 Milk 1.50 Soft Drinks 1.75 Coke,Diet Coke, Sprite,Dr.Pepper Rootbeer,Pink Lemonade Juice ***We offer a Full Service Bar featuring Beer,Wine &Liquor :/** SIDE ORDERS I 1, y 7 Tossed Salad 1.95 Cole Slaw 1.50 1.50 ,,'ottage Cheese 2.25 Applesauce 1.50 French Fries 3.25 Sour Cream 1.50 Onion Rings milliPirc 411110, SANDWICHES 1 ; ti . All sandwiches include your choice of any two, 4 �'�' or cottage cheese frrench fries, onion rings, cole slaw, applesaucer Hot Meatloaf Sandwich 5.75 Hot Turkey Sandwich 5.75 • 5.75 served with mashed potatoes&gravy Hot Roast Beef SandwichTri le Decker Club 5.75. thinly served ved with mashed potatoes p � bacon, turkey, ham, lettuce& tomato Hot or Cold Ham Sandwich 5.25 5.50 bread add cheese 5.75 Cold Turkey Sandwich served on thick texas Fried Egg Sandwich 4.50 Tuna Sandwich 5.50 The All American BLT 5.25 with ham or bacon & cheese The Pub Chicken Breast 5.75 French Dip served with au jus ... 5.95 bacon & cheese thinly sliced roast beef straight from the oven a fill chicken breast topped with Beef Barbecue 5 65 Hot Italian Sausage 5.75 . • ndwich 5.50 with mozzarella cheese&green peppers Ice Atlantic Fish Sa 5.50 Grilled Cheese Sandwi ch 4.50 Grilled Ham & Cheese 50 Grilled Cheese & Tomato 4•95 Hot Dog & Fries .............. .. ... .... 4. 4.95 served with coleslaw with bacon 1.75 Reuben & French Fries 5.95 Coney Island Dog our oven baked corned beef with sauerkraut, 5.50 swiss cheese& thousand island dressing on rye Gyros 4° •, FROM THE GRILL !, -_. All Burgers are 1/2 pound ground round Super Burger 5.95 Mushroom Burger ..................... 5.50 with swiss or american cheese bacon, mushrooms & cheese • 0 Chilli Burger 5.50 Patty Melt .................................... 55 grilled 1/2 pound patty, with swiss cheese, topped with chili& cheese Hammy Swiss Burger 5 75 grilled onions on rye bread . 1/2 pound burger, thinly sliced ham&swiss Our Famous Pub Burger ••••••••••• 6.95rilled onions All American Burger 5.50 \: + mushrooms, bacon,g �j� i with swiss and american cheese with swiss or american cheese 5.50 .4,--E.,•iz... ...;„,,,..--- .......------ 30...* ..„.......... ....5 (16w - NACHOS made from scratch with Homemade Salsa..... 7.95 6 4.95 Potato Skins ( 4 ) 4.75 Volcano Poppers ( ) . with cream cheese - served with cheese and bacon � 4.50 4.75 Deep Fried Mushrooms Golden Popcorn Shrimp Cheese Sticks ( 6 ) Fried Zucchini 4.50 4.75 Deep Rings 4.50 Fingers 5.25 Basket of Onion g Chicken � Buffalo Wings ,':-- '=�� SLIDERS . - _ Fy Hot or Mild t - ' ' 3 baby burgers with 1 3.75 20 6.50 _.:r--.; '` 1 cheese and onion 30 8.50 PIZZA fresh tomato sauce ::::.:. ., made with < ;: INGDiNGS , _ .. : 6.25 WINGDINGS Cheese (iiiw served with french fries 3 +/ Pepperoni 6.95 and coleslaw A.',= �' Pepperoni, Green Peppers, 5.75 Onions & Mushrooms 7.95 THE LIGHTER SIDE Chef s Salad 5.9 5 Lo - Cal Plate 5.95 lettuce, tomato, cheese eggand turkey 1/2 pound burger with cottage cheese, 6.25 tomatoes and sliced boiled egg Caesar Salad add grilled chicken 6 95 Salad with Tuna & Egg 5.50 House Salad 1'9• . 5 Salad with Chicken Salad 5 50. Cottage Cheese & Tomatoes Soup & Salad 4 50 4.95 3.95 Soup & Sandwich Your choice of Tuna Salad, Chicken Salad or Grilled Cheese Sandwich & Cup of Soup ` -----,- SOUP & CHILLI ____.7,-- 75 Bowl of Soup 2.75 Cup of Soup 1' L Cup of Chilli 1 95 Bowl of Chilli 2.95 . Add Cheese 6 0 Add Cheese & Onion •7� ' , . s • Ili .4.. ,001:1E . , A ...... ••4, ,.." 4. , 4. .....,,, . • •••. "....c....... 3d:i ••••i 1. i -.• •1 P7'A \:i: • \b....1 may„• •• ii•. lM t ,•7• . 10_.•11. ... { • . . .S•• ...,....---•• „ ...,„/ ...:1 . 1 0.:,.....__ •ti.:-.or. 1 ! •• „, .....• c•.7,724...., • .�'� 1 •,ram.1+•/►':`.•.:• ; ..., t.: .. . .• its: .•••• i ..!, ........ .r. 4 4, i 11".slk i...:i .11it v iri•..7i5 , ' .4 , i i ..1•0•;12.1* •.4° N . . 7 i ti ' ;T :1tlL j r ee r.ts : 4.4 4 ill... %., '...4%. 'fie:. .."1"' • •• .• •.•i --- • • ""•-•-•• •••• • .0. .";" '? ..A • ..,. • ..•♦ • . •,•i;.! ••••• y • ire.;( • \\ •d ' •••:. +•', .. of ••. . �• . i ,iei.:.�t.: j`.•. •••ice= . • ••.•, •.•i Z�. .♦, . •7• ...• • ç ••.••',.••.• lit4:••••14'• '..:.Fe' i.1.:1:•1-1!t#c V.:••,•• • I..•••••• •• 't's .. . -• i Pak •41 ♦V �,`� .ems •:::4:,, '' -- I •••I i low t ..•' � ...„�ti.� �,,,..��� ,..A...,. j .; f; ;,tt '••. - ••••▪1 ,•a •.+ti•��...•••• . '''•".•••rmr•.!...• •T'Y.' ••�" . • •t :• .--P•,. :.-I T• �•• T :j• ' •. • .. •• •• • • • t • ♦N•i►.J•:Lome ! • ..• •• . �.� .•..♦. • .• • •• • .f• ram•j.1.. �ir. •.•14,• ___..4.6.44.1."'-• •.".. •.• 0 :I y :... .� 03-15-01 Attn: Arizona Dept. of Liquor Licenses and Control From:Joe P. Wi'lhams 4301 N. 240 St. Phoenix, Az. 85016 Re: Addendum to QUESTIONNAIRE form number LIC0101 items number 15 t?16 Sometime leach in the 1982/1983 time Lame after leaving a nightclub in Palmdale, • California,'was arrested by the California Highway Patrol charged, and subsequently convicted of Driving Under the Influence (DUI) of alcohol. I served 48 hours in the Los Angeles County Jail, attended a mandatory driving ce conducted liy the California Highway Patrol and paid an $800 fine. L TOWN OF FOUNTAIN HILLS (iw MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner DATE: April 13, 2001 SUBJECT: Consideration of the Preliminary Plat and Final Plat for"The AMF Townhomes", a two-unit condominium project. This request for consideration of the Preliminary Plat and Final Plat for "The AMF Townhomes", there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Orio Fonte-All Metal Framing, which would condominiumize two units located at 14230 North Galatea Drive, aka Lot 27, Block 9, Final Plat 104. Please refer to the attached Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS (kw PLANNING AND ZONING COMMISSION AND STAFF REPORT April 19, 2001 CASE NO: S2001-12 PROJECT MANAGER: Jesse Drake LOCATION: 14230 North Galatea Drive, aka Lot 27, Block 9, Final Plat 104. REQUEST: Consider the Preliminary Plat and Final Plat for"The AMF Townhomes", a two unit condominium project. DESCRIPTION: OWNER: Orio Fonte-All Metal Framing APPLICANT: Orio Fonte-All Metal Framing EXISTING ZONING: R-2 EXISTING CONDITION: Existing two-unit complex LOT SIZE: 12,147 square feet (0.28) acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi-family, zoned R-2 SOUTH: Existing multi-family, zoned R-2 EAST: Existing multi-family, zoned R-2 WEST: Existing single-family, zoned R-2 ‘Iirr SUMMARY: This request is for approval of the Preliminary Plat and Final Plat for "The AMF Townhomes" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Orio Fonte-All Metal Framing, has chosen to convert a two-unit complex, and record a Declaration of Condominium to sell the units Individually. The units will have a maximum livable area of 1,485 square feet, and a minimum livable area of 1,465 square feet. Each unit has a covered patio and a double car garage. The duplex unit was approved for a building permit, number 2000-859, on September 15, 2000. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the Preliminary Plat S2001-12; "The AMF Townhomes" on March 22, 2001, with stipulations regarding an encroachment permit. Those stipulations have been satisfied and staff recommends approval of S2001-12; Final Plat "The AMF Townhomes". L , evaiNit, fitIt=_—_ _i- TOWN OF FOUNTAIN HILLS tie. ,,ie COMMUNITY DEVELOPMENT DEPARTMENT .. :..,-• : -.:x` ai? --.. ,. ......,m .. "3i-,�,� •a ,r vQ _ DeMitlium A � dkA tIN:, & ,, � a ..<,. . t �.;�#, Y#,� Date Filed 3...7,i v/ Fee Paid Accepted- YOD ) t _4 LL:.\2 Condominium Name 7,'g At/ T '#vf. S Condominium Address /4'.13, Al <'/ L#re* fie//b- / /,/J 4/ #/ is #2- Legal Description of Lot/Parcel Being Platted / Plat my Block 9 Lot(s) J 7 Parcel Size ,t' Number of Units 7€1• 141./A •P 7 9 40/AS _ Number of-reacts Zoning g A MID General Plan Land Use Designation , fttt)L ri .- Fit<<y eC-/ALc•i/T"ir¢L Density Requested (Dwelling Units Per Acre) 71 /Jo : As/Acre. `oplicantDay Phone40•9 Lg ";D FO 4 /e- — 4,/ _; A«i �/'�-V0 , y3e eV Y Address City ST Zip 1/10 1 .disc,, ,Qr;4/6 $.'As t AA /le ts�> 6.9* Owner Day Phone eiPc Oke 4, 4 f 4.4 / Address / City ST Zip Attachments(Please list) I _ �/ , It _ P.` A edi lei mark_ pAq ,t Signature of O 4jii -r I HERBY AUTHORIZE (Please Print) Date 0`1A-4 hillia 3 TO FILE THIS APPLICATION. ` `a/ Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (iimy (Seal) TFH Case Number Fee Schedule Attached J,L F 0 I - lid . y ! i1 1 ' co P!lii kiw i 1 1 I ii , .11' 1 tr-- 1 r .- -' '' - ,*7-11_ : t z ,..... i-d...li 4.8.7.„1.-T( :. ,.,...„.. .„..._ . : .. .... ilt-- t....., ti < ....1 P 1 I.- - ''-v '''" 03 ti . 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CD I-- Q N W Z 111111 N �M i V i 0 t - --xr ii i� V --- sl+ 0 Q =0 O '' AL \ \A ' \\ V \ \ \1 \ it 1 \ \ \ T \ \, ` `\ A. __i \ '' %\ ;\ \r \ - \ \ -' ` \ \ \ �'..� \\ \ Q Z \ \ \\ �'�� 1' \\,-- `\ \\ \sk‘``''' --h-- • 0. �'. 1\ _,•1�' �{-tl�I ' •" 1 /ice O • ' rat 1 �� 'Y ,. .• v Chron 99 (abir 41:c Town of FOUNTAIN HILLS a � � a ;a 1 o Engineering Department N• Rsr 19w) wthat is MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria ivil Enginee Akft/1/ REVIEWED: Randy rrel, T n Engineer s 1 THROUGH: Paul L. i wn Manager DATE: April 13, 001 RE: Easement Abandonment 01-04; Resolution 2001-20 12634 North Mountainside Drive Plat 601-A, Block 3, Lot 16 Mountainside Holdings, L.L.C. This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility easement located at the southerly property line of Lot 16, Block 3, Plat 601-A, (12634 North Mountainside Drive) as shown in Exhibit "A". The property owner of Lot 16 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities, Staff has received no comments to date from the adjacent property owners. The easterly 20' of the southerly 10' public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. It is the professional opinion of the Engineering Department that there is a need for the Town to retain the drainage easement for vehicle access to Colony Wash adjacent and south of Lot 16. The property owner of Lot 16 is required to pass the developed flows generated by the upstream lots across their property. Staff recommends adoption of Resolution 2001-20. jb att. Cc: Mountainside Holdings M/M Dye JD Strevett&Associates,Inc. R. Kramer F.Hulot EA01-04;Plat 601-A,Blk 3,Lot 16(12634 N.Moutnainside Drive)Mountainside LLC 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: ‘,Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-20 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 16, BLOCK 3, OF PLAT 601-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and CHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility easement, located along the southerly property lot line of Plat 601-A, Block 3, Lot 16, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 44 records of Maricopa County, Arizona; is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. (lbw' Resolution 2001-20 Page 1 of 2 PASSED AND ADOPTED this 19th day of April 2001. ATTEST: FOR TH TOWN OF FO NTAIN HILLS 1,(41L-4A,C)6 ) .,Ai.AAA-. Cassie B. Hansen, Town Clerk aron Morgan, Mayor REV ED BY: APPROVED AS TO FORM: , '/ a ' 1--c _ i I P .„. C Paul L. N rdin, Town Manager Wi iam E. Farrell, Town Attorney (toy (iiime Resolution 2001-20 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 601 - A BLOCK 3 LOT 16 .1 \\\ \\03.5500"E-'25.°°' I 1 0 L.: i I o u Iz o 0 0 to Io LOT 15 0 I ; o 0 LOT 22 I o to IcD- 1 I 1 12500' N80e55�00"E- .I z c, \ 30' I 30' R/W I z0 o R/W I o LOT 16 1\';',- ABANDON 10' PUBLIC o UTILITY EASEMENT. o LOT 21 1020' z ' o RETAIN 10' DRAINAGE � 1� EASEMENT - _, IG. Z ' y \-8 1 , r 1� A_ _ J 0 AORWA'Ai g \ _ — pU E & of o RETAIN 20 LF OF70 c. 10' PUBLIC UTILITY & rn \ rn (-Ti DRAINAGE EASEMENT 0 oNY w ASH I CCU- �� �� Y 4�� PNRCEO r�� , `0 16545 14. cs RAI DY L, o , HAREil '-79) ,I erN r 10`.!//: '1 SCALE: 1"=40' \` ' DATE: 4-13-01 April 13,2001 (too Interoffice Memo , ,,,,,,, ,,.,,z,..,.. , , . „..,,,,,_ , ,, v,,, To: HONORABLE MAYOR AND TOWN COUNCIL 0.)i)1 )d From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 04/13/01 Re: AGENDA ITEM #5— UPDATE ON THE SUBSTANCE ABUSE PROGRAM AGENDA ITEM #5 — SUBSTANCE ABUSE PREVENTION AND INTERVENTION PROGRAM UPDATE BY KRISTEN GENOVESE Sin tt u ca '�`=x•• ' ��� •ved funding to provide substance abuse services in the FY 2000- r " " ii - seen a "work in progress". Last fall, a committee consistingof -,r t ,:essfro .0 Administration, the Cattle Guard Alliance, the � : ; rces, the Court, ,41,- .• District,;Law E' forc- q.; _ the Fort McDowell Youth Substance Abuse Program met to .;717< s how th program c•, • • re-engineered to more effectively meet the needs of the ice -17 c• mur ity's you" Aft-r det- n 4 that the previous program was too limited in scope, it was ' t - , " op,:in ,st" of approved service providers, thereby giving the new (0,:2'1:C g -gig' ':''''''''''' ) ''''''—:''''''''''':ibi a • ` iously lacking. The committee supported the continuation 'ilamizeiliggigivi' ' " " 0 with treatment costs in cases where a need could be : a ra e• :��.ia` ' • ,. : •t . e committee also recommended pretreatment for parents, k services; and ongoing a and training programs. lit 0 thevariedprioriti s ,i - fed, a model began to emerge that incorporated all aspects of t` mo e i w t there needed to be a central core, a contact point that would ass- ; �, ,ca a :. A, ,^ =in determining the best course of action whether it be diversion, education, -•` ' a 1 -, ensive outpatient or inpatient care. This contact person or case manager would also work closely with the schools, the court and the community to assist with education, prevention and referrals. After interviewing and qualifying six agencies, the committee identified Kristen Genovese from the Eastern Valley Addiction Council (EVAC) as an effective core contact person for the developing Family Support Program. Over the last few months she has been laying the groundwork for the new program including establishing a phone line that parents and residents can use to obtain information, direction and assistance. She has contacted the other providers interviewed by the committee and added other accredited programs to the list of available service providers, broadening the base of treatment possibilities for the program. She has met with local law enforcement agencies to outline and explain the program, providing them with another tool in dealing with troubled youth and their families. She continues to work closely with the schools, (iisof Page 1 of 2 Agenda Items 4/19/01 Last printed 04/13/01 4:52 PM 04/13/01 April 13,2001 discussing future programming and coordinating referrals. Plans are being made to design a (lbw brochure of services and to videotape an educational program that can be aired on Channel 11. Although the transition through the planning, conceptual and implementation stages has been slow, the program stands poised to provide the community with a service previously unavailable. Endorsed by the School District, the Cattle Guard Alliance and local law enforcement, the support program has been designed with the capability to expand beyond substance abuse issues. Since the Town does not have an established social service department, this assessment and referral service partnered with those offered by the Cattle Guard Alliance and the soon to open Northeast Domestic Violence Center, go a long way in providing citizens with the assistance and support they need. Kristen Genovese will provide an update on the program and her activities at the April 19 meeting. If you have any questions, please do not hesitate to contact me. (kw kb. Page 2 of 2 Agenda Items 4/19/01 Last printed 04/13/01 4:52 PM 04/13/01 Marshals Department (be Memo To: Cassie Hansen From: Steve Gendler Date: 4/12/2001 Re: Endorsement of Resolution—Family Advocacy Center The purpose of this memorandum is to endorse a resolution requested by Mr. Rick Melendez on behalf of a Northeast Valley Family Advocacy Center in Scottsdale. It is my understanding that this matter will be on the Council agenda for consideration. Background: In matters involving family crisis's from domestic violence to sex offenses and child abuse, a shelter away from the home has a proven record of effectiveness for victims, investigators, and social service providers. Currently, the closest family advocacy center is in Mesa and they are often hard pressed to find space when a referral is made. The City of Scottsdale is currently exploring the possibility of establishing a family crisis center (lbw in their community that would also serve the northeast valley including Fountain Hills. A committee made up of Scottsdale city staff, residents, business leaders, and representatives from the northeast valley communities has been formed to study the issue. This committee is assessing the commitment of communities such as ours to use the facility for referrals. The concept was discussed at the East Valley Police Chiefs meetings and, as Fountain Hills Public Safety Director, I concurred with the need for a northeast valley facility for referrals. I believe the proximity would benefit our residents and reduce the travel time for law enforcement resources. Issue: The committee is seeking a resolution as part of the documentation they are assembling for presentation to the Scottsdale City Council. The resolution would indicate our intent to refer families in crisis to the Scottsdale facility. Funding is not an issue in this resolution since the center would operate on money from private donations, grants, fees, state programs, and the Scottsdale budget. Observations and Comments: The Town of Fountain Hills does not have a social services department and relies on a system of programs and organizations for referrals. For example, the Town has a substance abuse program for juveniles, the Cattlguard Alliance has programs to strengthen family units, and the School District has counseling services for youth at risk. The proposed Northeast Valley Family Crisis Center would be consistent with our system of separate programs for referral based needs. Recommendation: The concept of a family crisis center in Scottsdale, serving the northeast (giro valley, and funded by the City of Scottsdale, is worthwhile. It helps meet a need in Fountain Hills without a financial commitment on our part, and is consistent with the system in which our community delivers social services. A resolution supporting the concept is also consistent with our intention to use the facility for referrals. I recommend approval by the Council RESOLUTION 2001-18 (tow A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS SUPPORTING THE CITY OF SCOTTSDALE'S AND THE SCOTTSDALE POLICE DEPARTMENT'S EFFORTS IN THE CREATION OF THE NORTHEAST VALLEY FAMILY ADVOCACY CENTER. Whereas, in the United States, over one million victims a year report an incident of domestic violence; and Whereas, in the United States, violence occurs in one half of all domestic relationships; and Whereas, in the United States, over 700,000 women report being raped or sexually assaulted annually; and Whereas, in the United States, two million children are abused in their own homes every year; and Whereas, in the United States, approximately 1,200 to 2,000 of abused children die as a result of this abuse; and Whereas, in the United States, as many as ten percent of the elderly are victims of abuse by their adult children; and Whereas, domestic abuse statistics in the Northeast Valley of Maricopa County mirror national statistics; and Whereas, the closest full service Family Advocacy Center is located in Mesa, Maricopa County, Arizona; and Whereas, the Mesa facility is a great distance from many Northeast Valley areas; and Whereas, victims of domestic violence routinely require immediate attention and appropriate care for their well-being and to augment the effectiveness of related criminal investigations by law enforcement; and Whereas, the City of Scottsdale and the Scottsdale Police Department are actively exploring the possibility of building a full service Family Advocacy Center to provide these services to victims of domestic violence in the Northeast Valley of Maricopa County, Arizona; and Whereas, the Northeast Family Advocacy Center, as envisioned, would provide domestic violence services to address the following areas: protection and investigation, prosecution, medical care, prevention and related victim services; and ,,,,,,► NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,AS FOLLOWS: Section 1. The Town of Fountain Hills hereby recognizes the importance of a fully functional Family Advocacy Center to the citizens of the Northeast Valley, Maricopa County, Arizona. Section 2. The Town of Fountain Hills strongly supports the City of Scottsdale and its Police Department in their efforts to build a Family Advocacy Center. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills,this 19th day of April 2001. FO T TOWN OF FOUNTAIN HILLS: ATI'ESTED TO: #A(/ (141/1.1kAl 91,2(AAAA-- Sharon Morgan, Mayor Cassie Hansen,Town Clerk V WE B : APPRO D AS TO FORM: L aul L. N din, own Manager illiam E. Farrell,Town Attorney L I— •• 0 c as c �. W a)ui Q 2 W toin cv = 0(i) E Lr 1"" •7:—. o cW . Z ► : � � �� a e 2 er ILlQ U� C = = > • G I cn / 1 UJ >c CD >+ a) C in' -c CD I ,......\..,J,:z.),z2 W C Q r cle, L699'LOZS9 vwoziud vcall Nosgob gfaoN oil. 33N310IA,(1! 9 1S111IVbV/1131N33 1N3W1t1Vd3Q 3)I10d VS3111 JO AID CD-8 O cO a) W 0 co co r- 000 2 . 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Tony Markos 312-5352 amarkos@ci.scottsdale.az.us Ray Primas 947-8068 Torayazusaaaol.conm Debbie Schafer 946-0472 8752 E. Hubbell 85257 Mary A. Dombroski 998-8392 8349 Via de Viva 85258 Victoria Churbuck 451-6297 10575 E. Fanfel Lane 85258 vchurbuckkquest.net Lisa Haskell 947-1846 2400 N. 71S` St #2400-L Mike Marsillo 860-0204 mpmarsilloaaol.com JoAnn Del-Colle 312-4223 jdelcolleca ci.scottsdale.az.us Tracey Wilkinson 312-7029 twilkinsonaci.scottsdale.az.us Sgt. Scott Popp 312-8272 spoppaci.scottsdale.az.us Holly Christian 312-5090 hchristian c(ci.Scottsdale.az.us Detective Don Fanning 948-7418 afanning{cci.paradise-valley.az.us 6433 E, Lincoln Dr. Paradise Valley, AZ 85253 LMs. Sara Maya 991-1906 sdmoyachaol.com; sdmoyaCaasu.edu 5119 E. Desert Park Lane Paradise Valley, AZ 85253 Rick Melendez 837-6463 16657 E. Hawk Fountain Hills, AZ 85268 Judy O'Kon 312-5375 jokon@aci.scottsdale.az.us L (amw NORTHEAST VALLEY FAMILY ADVOCACY CENTER Proposal (161w (kw • INDEX (iw TER NORTHEAST VALLEY FAMILY ADVOCACY CEN SECTION PAGE EXECUTIVE SUMMARY 3 THE SCOTTSDALE POLICE DEPARTMENT PICTURE 5 SEXUAL ASSAULT 5 TYPICAL CHILD SEX CRIME 5 OTHER SEX CRIMES 7 SEX OFFENDER NOTIFICATION 7 FAMILY ADVOCACY CENTER CONCEPT 8 A NEED FORA TEAM APPROACH 8 OTHER VALLEY AGENCIES ADVOCACY CENTERS 9 STATISTICAL/ STAFFING INFORMATION 10 SEXUAL ASSAULT 10 DOMESTIC VIOLENCE CRIMES 10 SEXUAL ASSAULT CHARTS (A&B) 11 DOMESTIC VIOLENCE CHARTS (C&D) 12 ADVOCACY CENTER ESTIMATED EXPENDITURES 13 BUILDING 14 Location area and Size Prices (111w EQUIPMENT 15 Computers Work Stations PD Equipment Conference Room, Interview Rooms and Quiet Room Furnishing Other Equipment Set up cost Interview Room Equipment Specifications Sexual Assault Examination Room TOTAL COST 17 Initial Cost Recurring Operating Cost Current Donations CIP Considerations Total COMMITTED PARTNERS 18 CONCLUSION 19 L 2 • • NORTHEAST VALLEY (16., FAMILY ADVOCACY CENTER EXECUTIVE SUMMARY The purpose of this document is to provide information regarding a concept that is underway across the nation, a Family Advocacy Center. This center will give the citizens of Scottsdale a place where families in crisis will be provided assistance with their problems. This site will be a "One Stop Shop"that will house multi-disciplinary organizations to address the issues concerning victims of Child Abuse, Sexual Assaults, Domestic Violence, and Elder Abuse. The disciplines located at this site will include Law Enforcement, Social Services, Family Advocates (Child and Domestic Violence), and Prosecutors. The center would also have medical examination rooms, modern interview rooms, access to forensic interviewers, as well as medical personnel. The Center is designed to reduce trauma to children, adults,their families and the elderly. This type of multi-disciplinary facility is very successful throughout the nation, as proven by the Mesa Center against Family Violence. This proposal is predicated on a mission of creating a facility to expedite child abuse and sex crime investigations in a trauma reduced environment, and developing such a center for the entire family unit in crisis. Thus would include domestic partners, children, the elderly, and all victims of sexual violence. A Family Advocacy Center located in Scottsdale would be open to assist other agencies in the Northeast Valley including but not limited to Fountain Hills, Carefree, Cave Creek, Paradise Valley, Salt River Indian Reservation and N ortheast Phoenix. A Family Advocacy Center would benefit those in need in.the following ways: • Decrease victim trauma and intimidation by providing a victim-friendly environment while providing victim support services. • Reduce the number of interviews from as many as five i one per case, while at the same time increase the quality of investigations. The incidence of multiple/repeated interviews of child victims decreased from 44%to 20%after Mesa Police Department center opened. This is an extremely important measure to reducing trauma tc both children and adult victims. Each time a victim repeats their account of an incident, they are forced to relive the abusive experience. • Improve victims access to the four major components of our community: Social Services, Advocates, Law Enforcement/Prosecution, and Medical Support, all on-site. This will decrease service duplication and fragmentation. • Improve coordination of multi-disciplinary teams, medical evaluations, forensic interviews, law enforcement and child protective services investigations, crisis counseling, and prosecutions. • Provide victims with access to an invaluable referral facility. • Reduce the investigation time for all agencies including, Child Protective Services, Adult Protective Service, and Law Enforcement. 3 • Improve the interaction among major components allowing them to staff cases together in a holistic manner. This allows for the most successful prosecution and insures the needs of the victim are met. • Eliminate travel time for the victim,the victim's family and the detective from one agency to another, by co-locating all the elements of an investigation in one location. • A center of this nature would also house investigators assigned to Sex Offender Notification. Currently the City of Scottsdale has over 261 known registered sex offenders living in our community. The center would enhance our ability to better track the activities of these offenders through communication with other agencies that will utilize this facility. This in turn can cause us to identify a suspect involved in a sex-related crime in a shorter amount of time. • Increase the number of convictions, guilty pleas, and plea-bargains through the County Attorneys Office. Communities similar to our city that currently have an Advocacy Center have dramatically increased the number of convictions, guilty pleas, and plea-bargains • Eliminates the potential of Suspect(s) and Victim(s) having contact during the investigative process. An Advocacy Center is for victims only and all the contact police have with the suspect will be made at the Police Department or at a neutral location. L • 4 investigation. The Detective then reviews the report and calls the parents to inform them they (160, received the report for investigation. The detective advises the parents that the child will need to be interviewed by a forensic interviewer. The parents are told that the interviewers are very limited and thus, very busy. The parents are told it may take up to two weeks for the interview to be conducted and that it will depend on the availability of a certified forensic interviewer. The parents are informed that Scottsdale Police may be able to conduct the interview or it may be done at Childhelp, located in downtown Phoenix. The interview is set up within two weeks at Scottsdale Police Department. This interview is monitored, and recorded both by audio and video. Following the interview the detective informs the parents that they will need to have a physical examination done by a pediatric specialist. The examination can occur in one of several locations, which include Mesa Family Violence Center, Childhelp in Phoenix or the Maricopa County Medical Center. None of these locations are close to Scottsdale. Childhelp is 22 miles from Scottsdale Police Headquarters on Via Linda. The appointment is set up with the doctor at Childhelp through the detective and the parents fail to show up with their child. The detective calls the parents and they inform the detective that they rather not take the child to Childhelp because of the distance, the trauma to their daughter and the chances that the suspect won't be prosecuted. The detective instructs the parents of the seriousness of the exam and that it is necessary for prosecution. After a lengthy discussion the parents decide that it is not worth while to pursue this matter. Several weeks later the parents decide to pursue this incident. They inform the detective that they will take the child to be examined. They also inform the detective that they took their child to a psychologist to help her with the incident. The detective advises the parents that they will set up an appointment with the doctor through Childhelp. The appointment is made and a pediatrician- specialist examines the victim. At the conclusion of this exam referrals for counseling are �' supplied to the parents for follow-up assistance. After all the evidence is collected, processed and documented,the detective conducts the follow- up investigation. This includes a photo line-up, the arrest of the suspect, a search warrant, a physical evidence order, and court appearances. In this case the suspect was successfully prosecuted and sentenced to a number of years in prison and will be on lifetime probation after his release. These types of cases occur in Scottsdale regularly. The majority of the problems that arise in this case can easily be avoided. The Advocacy Center creates the concept of a "One Stop Shop". In other words, every part of the investigation can be done in one place. From the time the victim arrives at the Advocacy Center they will be in a friendly, victim-oriented environment. The Advocacy Center will reduce the amount of investigative time, travel time, and the problems associated with these types of cases. These cases will be handled in the following manner: Child cases and mentally challenged persons (These events will not occur weeks later but that day): • Met by a Volunteer who will take the child in a quiet-play room. • The assigned detective will separately interview the parents/witnesses and establish a basis to proceed. • A pediatric doctor conducts a medical exam at the center • The Detective/Forensic Interviewer conducts an interview of the victim (reduction of trauma) • The Victim receives counseling from a certified Child Sex Crimes psychologist 6 THE SCOTTSDALE POLICE DEPARTMENT PICTURE (by Scottsdale, like the rest of the nation, is experiencing an increase in incidents of family violence, ranging from domestic violence, to child abuse, to elder abuse, as well as sexual assaults from outside the home. The following information defines the impact on Scottsdale. SEXUAL ASSAULT Sexual Assault Crimes are defined as Sexual Assaults and Abuse of minors and adults. There are five detectives currently assigned to investigate these crimes. Scottsdale Police Detectives average a higher caseload than any other city in the Phoenix Metropolitan area. From 1997 to 2000, Scottsdale had a 67.5 % increase in Sexual Assault Crimes. In the last eight months of 2000 our statistics indicate there will be more than 300 Sexual Assault crimes reported. In 1997, the Scottsdale Police Department investigated 179 Sexual Assault crimes. The number dramatically increased in 1998 to 246 cases. In 1999 the number of Sexual Assault crimes rose again to 288 cases. In addition to this dramatic growth in this type of crime, the County Attorney's Office has required protocols for prosecution for these types of cases. Due in part to the protocols, it is estimated by other valley agencies that it takes 90 to 120 hours to properly investigate and complete a Sexual Assault case. (11610 TYPICAL CHILD SEX CRIME IN SCOTTSDALE A 9 year-old-female child is molested by the male baby sitter during the evening hours while the parents are out. This child suffers a traumatic experience having been vaginally penetrated and mentally abused and threatened by the suspect. Feeling shame, guilt and fear she does not disclose this incident to her parents until six months after the;incident. The parents take their daughter to the hospital for an examination, as they are unsure of what to do. They wait in the lobby of the emergency room with their 9-year-old daughter, who is subjected to a number of people, who are sick and injured. After some time they speak with an employee of the hospital, who informs them that this is a police matter and they can either wait for the police at the hospital or go to the police department. The parents choose to respond to the police department. The parents take their daughter to the Scottsdale Police Department to make a report. They wait in the lobby for up to four hours for a police officer to take a report. While they are in the lobby, the young girl is subjected to suspects waiting for an interview with other officers, hostile citizens, people staring at her (not knowing her situation), and the business atmosphere of the police department. After waiting for some time, the officer interviews the parents regarding the statements made by their daughter. During these interviews the daughter will wait in the lobby for up to 2 hours. After the interviews are completed, the officer supplies the parents with a report number and informs them that a detective will call them. Several days later, the Detective Sergeant of the Sex Crimes Unit receives the initial report from the patrol division. This report is reviewed by the Sergeant and assigned to a detective for 5 • The family receives immediate support from a Police Crisis Intervention Services employee (tior Sexual Assaults (Adults) • The victim can go to or be brought to the center • The detective can take the case from the beginning and conducts the interview at the center • Medical Examinations will be conducted by Sexual Assault Examiner at the center • Police Crisis Intervention Services employee can assist the victim with needs The follow-up to these cases will be done throughout the next several weeks. This includes suspect(s) interviews and arrest (done at the Police Department), search warrant(s), physical evidence orders and court appearances. OTHER SEX CRIME "Other Sex Crimes" include Child Molestation, Sexual Abuse of a Child, Child Pornography, Incest, Furnishing Obscene Materials to a Minor, Indecent Exposure, Public Sexual Indecency, and Lewd and Lascivious Acts. Over the last 3 years Scottsdale has averaged more than 100 cases a year. This number can be deceiving as the report taker may title the report"Information", not knowing how to classify the crime. Research concluded that the actual number of these crimes is 30%higher. These crimes are also demanding and require a substantial amount of time to investigate. SEX OFFENDER NOTIFICATION In 1996 laws were enacted that required Sex Offenders to register in the community where they live. This caused a considerable impact on law enforcement agencies, as they are required by law to notify the public of the Sex Offenders residence. Not only is the Sex Offender required to notify the state and municipality when they move into a home, they are also required by law to notify if they move from that residence to another. Cunently the City of Scottsdale has 261 registered Sex Offenders. Of the 261 registered 108 or 42%of the Sex offenders have registered since 1996. This impact has caused us to utilize a number of staff hours to effectively manage this growth. Due to the growth of offenders and our commitment to public safety the police department has re-assigned one detective the task of Sex Notification(effective 09/01/00). DOMESTIC VIOLENCE Domestic Violence Crimes range from Misdemeanor's to Felonies. The majority of these crimes are misdemeanors and they do require a substantial amount of time to investigate. There are 2 (two) detectives assigned to investigate these crimes. The statistics from 1997 to 2000 reflect a 57 %increase in Domestic Violence Crimes. Over the last two years,the City Prosecutor's Office and the Maricopa County Attorney's Office implemented protocols for prosecution for these types of cases. Due in part to these protocols, it is estimated that it takes 3 to 15 hours to properly investigate and complete a Domestic Violence case. In the last 7 months Scottsdale PD has experienced a 10°/: increase in open Domestic Violence Cases. Of the projected 1060 cases for the year 2000, 40% of these Domestic Violence Cases will require further investigation by a detective. tklow FAMILY ADVOCACY CENTER CONCEPT Family Advocacy Center is comprised of a groupof professionals who work together in a A 5 p coordinated and collaborative manner to ensure an effective response to all investigative activities. It houses specially trained Law Enforcement Detectives, Child Protective Services, Forensic Medical personnel, Mental Health personnel, Victim Advocates, Crisis Intervention personnel and others working as a team to investigate these complex cases. A NEED FOR A TEAM APPROACH Over the past two decades,the number of child and adult sexual assault investigations, as well as domestic violence investigations has greatly increased. This has strained resources to investigate these crimes effectively. A number of these crimes have been the subject of intense media coverage. Due to the raised public awareness it also creates significant outside pressure on professionals to act promptly when faced with reports of this nature. Currently,the Scottsdale Police Department has five investigators, whose responsibilities include investigation of Sex Crimes Against Children, Child Abuse, Child Sexual Exploitation, Adult Sexual Assaults, Adult Sexual Abuse, Elder Abuse and the notifications and contacts involving Registered Sex Offenders living in the City of Scottsdale. Two additional investigators are assigned to all incidents involving Domestic Violence. At present, the Scottsdale Police Patrol Officers respond to hospitals, medical offices, schools, daycare facilities and homes of victims and families, who report these types of crimes. Patrol officers take an initial report or contact an investigator. A.relative may already have interviewed (lbw the victim, as well as Child Protective Services, a teacher, a friend or a psychologist. The victim may also be subject to medical examinations by a pediatrician or emergency room doctor. It is unlikely these physicians have been trained or qualified for examinations of this nature. Children are required to be examined by additional personnel, which is done by a Pediatric Specialist at Childhelp, USA in Phoenix or the Mesa Center against Family Violence. Based on the situation, the child victim may require an additional interview by a Forensic Interviewer or specially trained investigator. This redundant process dramatically adds to the trauma of both adults and child victims. L 8 OTHER VALLEY AGENCIES ADVOCACY CENTERS (kw ntl have Family City of Mesa, Phoenix, and Glendale currently Advocacy Centers. All of them have experienced astounding success with the utilization of this concept. They have all shown that their respective Advocacy Centers have positively impacted their ability to pursue and prosecute cases. This increased effectiveness is attributed to the number of services that are now provided at one location. These agencies reduced the number of travel hours and the cause and effect this had on their victims. Additionally, each department was able to provide a service and location to the community that is "victim friendly". In these types of cases the least amount of trauma that we can impose on the children and adult victims will reduce their inhibition to confide in us. Recently a study/audit was completed by the Governor's Office for Children of the Center against Family Violence in Mesa. This study revealed the following: • Prior to the center utilization, 50% of all child abuse/molest investigations were declined prosecution by the county attorney's office. After the center opened, this decline rate fell to 7%. • The rate of joint Child Protective Service and law enforcement investigations increased from 53%to 86%after their center opened. • The rate of joint Child Protective Service and law enforcement child/victim interviews rose from 0%to 46%after their center opened. • The rate of Forensic Medical Exams performed by specially trained Physicians increased from 25%to 68%. • Prior to the center utilization, guilty verdicts or plea-bargains occurred in 45% of the cases that were filed by the County Attorney's Office. After the center opened, this percentage increased to 64%. (taw STATISTICAL / STAFFING INFORMATION page 11) 300 cases will be used as the projected number of In the Sexual Assault Chart(A and B, cases for the year 2000. Of those cases the current average of open cases is 70% or 210 cases. Additionally, the minimal investigative time of 90 hours will be utilized for this equation to analyze minimal staffing needs. Consider that the hours it takes to properly complete some cases can be up to five times this amount. Cases 300/70%=210 open cases for investigation/year 300/30%=90 cases for review/investigation/year Staffing 90 hours x 210 cases= 18,900 hours-year 1575 hrs-month *Detectives maximum work month/ 137.4 hrs-month Proper Staffing would require 11 detectives Detective Work Month* 13.4 Vacation/month= 160 hours-year/ 13.4 hours-month 6 Holidays/year=60 hours-year/5 hours-month Avg. Sick time/year=50 hours-year/4.2 hours-month Work Month/160 hours minus 22.6 hrs-month equal's 137.4 hrs-month (*Maximum work month does not include court,training or administrative time) In the Domestic Violence Chart (C and D, page 12) 1060 cases will be used as the projected number of cases for the year 2000. Of those cases the current average of open cases is 40% or 424 cases. Additionally, the minimal investigative time of 9 hours will be utilized for this equation to analyze minimal staffing needs. This translates into 3816 hours spent on open cases. Domestic Violence reviews for investigation cases take an average of 1 (one) hour due to protocol issues. This translates into 636 hours a year spent on these cases. Cases 1060/40%=424 open cases for investigation/year 1060/60%=636 cases for review/investigation/year Staffing 9 x 424 open cases= 3 816 hours-year 1 x 636 reviewed cases=636 hours-year Total=4452 hours-year 371 hrs-month *Detectives maximum work month— 137.4 hrs Proper Staffing would require 3 detectives Detective Work Month* 13.4 Vacation/month= 160 hours-year/ 13.4 hours-month 6 Holidays/year= 60 hours-year/5 hours-month Avg. Sick time/year=50 hours-year/4.2 hours-month Work Month/160 hours minus 22.6 hrs-month equal's 137.4 hrs-month (kr, (*Maximum work month does not include court,training or administrative time) 10 Sexual Assault Cases Chart A (kw „„ 3uu :{k{{ 111 250 * 200 Cases 150 100 50 0 ..{ ,` Open Cases ' � ° +yob � oa°) ° ti Year 1997 1998 i 1999 2000 "Open Cases 125 172 201 210 :-Total Cases 179 246 288 300 Open Cases MTotal Cases *Staffing Considerations - minimal investigative time of 90 hours was utilized for this equation to analyze minimal staffing needs. Other Sex Crimes were not included in the equation for minimal staffing for Sexual Assault Crimes Staffing ('97-'00) Chart B .{.4r�.,•'.�.;:�i!'{'�kr%$yii�.i•:• Nyti:+:•�`.lyy'•i:;{'�'.,•" ;P. ..•.•.�v..•.•k.,J;. {..tiY:4}y.:y: {:v. { r y •} }ry({•••y:i7. 'F 4+f',�:j�.{..M�•:�:S':4{finY S:}.;{}'••tiv';;j;,#v:`n\�{k ti' in kf,S+?;: :}r';:\::;e,:.x;,>kc•<;'a.' <•:y3:';,,;r,:.`•,3: �h•{; kp;k:r .r„k�k of •� 110 o r 1>{� 8 f 3 r ill Sex Crimes Y>'{''::{::.w: { }� f 6 .mow { kry w{ • Detectives 4 , , 0 � " cb Staffing Year 1997 1998 1999 2000 Staffing 2 2 3 5 ®Required Staffing 6 8 9 11 Staffing ®Required Staffing (kw 11 i . . • Chart C Domestice Violence Crimes kw :::,...:.:,::,„,,,„„„„.,,,!!,„......,,,,,•„„:4,.1000 800 If !;;Ei "''''' ,Q IBM g :::::" Ma 600 400 IIIRIN p114 n,,ill r tiil Cases 200 0:11Alilligi n n Cases 0 .„,,„,„....,,,z,a,,,„A,,,,.:,„,,,...w.,„ ,,,,,, Open A t q o q q cb 0 q cb cb 0 N N N ri, Year 1999 2000 1998 1997 424 Total Cases i 283 229 1060 203 851 El Open Cases 690 676 m open Cases_ Total Cases kw. Staffing Chart D 00 ..nog:iiir,,,:;],, 0E!!,v"):::t":!"If*IiiitlitliniteMiliR 1 2.5 1115•1111110:1;7:,;', PLi 11: Domestic 2 ppaillismool "grim Violence 1 .5 ? i,04'' ;•..., C`''''' "'"'n 1 stecl 11 4':Iii 61M: Detectives 0.5 tril, iL,ki , 4:1!" . '' '''''' ' .'"W4.'''3.''' ':' Staffing c/a\ cib cbq d) cb cb q N Year 1999 2000 1998 1997 i `0.Staffing 1 1 2 2 1 1 2 3 EIRequired Staffing . CIStaffing EIRequired Staffing (iiew 12 ADVOCACY CENTER ESTIMATED EXPENDITURES Family AdvocacyCenter will be located in the northern portion of the city The Scottsdale a y with easy routes of access to the public. It is important that the center be located in the northern portion due to population needs as well as the ability for other cities to utilize the center. It is also important to place the facility in the least threatening environment for children and older citizens. Finally, the facility must have generous and easily accessible parking. The building costs for The Scottsdale Family Advocacy Center can be accomplished through several options: Locating an agency willing to donate a building, leasing a building, or the actual purchase of a building and property. It is estimated that the floor space required would be approximately 15,000 square feet. There are a number of items that need to be considered when planning the movement of personnel and the creation of a center that will host a number of agencies. The following list defines the personnel,the space needed and the associated costs. The cost reflects housing for the following employees at the Family Advocacy Center: Police Department Staffing(refer to page 10 for staffing considerations) 1 (one)Lieutenant, new position 2 (two) Sergeant, 1 Current Sergeant, 1 new position 15 (fifteen) Detectives, 8 Current Detectives, 7 new positions 2 (two)Employees from PCIS Other Staffing Considerations 2 (one)shared offices for Prosecution (City Prosecutor, County Attorney and a prosecutor from the Attorney General's Office.) 1 (one)Pediatric Doctor 1 (one) Mental Health Professional 2 (two) Sexual Assault Nurses Examination(SANE)Nurses 3 (three) Child Protective Services case workers 2 (two)Volunteers 1 (one) Secretary The Family Advocacy Center will need the space to accommodate for the following: 32 Offices/Cubicles and a Secretary reception area 3 (three)Interview rooms 1 (one) Conference room 2 (two) (Restricted-area) Computer rooms 1 (one) Interview-monitoring room 2 (two)Exam rooms w/showers 1 (one) Sound-Proof(Confrontational call room) 2 (two) Quiet rooms (Chapel) 1 (one)Break room 1 (one) Playroom 1 (one)Impound-Forensic room 1 (one) File room 1 (one) Copy-Equipment room 2 (two)Full Bathrooms (for both genders) 13 BUILDING Location area and Size: Location:Area north of Via de Ventura Size: 15,000 square feet Prices: The cost of a Family Advocacy Center ranges depending on the project. Obviously there is a substantial difference on whether the center is built, purchased or leased. There vvill be some additional cost if the purchase or lease of an existing building is not compliant to the needs of the center. :>s�>sss sss:•s�:..^ y .,� .:s'' ss�ssYr a�,'y� ,,f�'".:.,s s >s;.�.. £s, s ^`MEW #s s ,fps fy,;.�,.,yiN#.,.�f£;£X ;�...,y.;,s#,s ...>:s;���iy;,'s�'s$s,,%'s#ysf£% �y;s•#% y s #.s `s ���� �£�# �# �. .S#s,s,.cs,s.��.s��'�..X.'�.�:.#..x. , s� ,��.�''��'� s� s":$£#s,.�. s£'.�s#r. ! s#,;:: 'si# :,s:r�tr:#ssss#.ss::..u+:::s,.,,:.:•::.:,:.:>s:::,.s. Square foot Total 1 Lease an Existing Building , $12-$22 $180,000 $ 330,000 Moderate Re-Model $12-$25 $180,000 $ 375,000 Total (range) $360,000 $ 705,000 2 Lease an Existing Building $12-$22 $180,000 $ 330,000 Renovate a Building $40 $600,000 $600,000 Total (range) $780,000 $ 930,000 (so 3 To Build a Center and Purchase the Land $180 $ 2,700,000 Total $2,700,000 4 To Purchase an Existing Building and Property $90-$140 $ 1,300,000 $ 2,100,000 Total $1,300,000 $ 2,100,000 L 14 EQUIPMENT L Computer/Phones(cost per work station) : 18 Computer Lines (Fiber Optics) $100 $ 1,800 18 Computer Set-Up $100 $ 1,800 32 Phone Lines $100 $ 3,200 Total $ 6,800 Computers: (All City-standard programs included) 18 Compaq Mini-tower 866 $1,889 , $ 34,002 18 Compaq LS 120 Drive _ $128 $ 2,304 18 17 inch Monitor (Sony) $429 $ 7,722 18 HP Desk Jet 950C Printer $282 $ 5,076 Total $ 49,104 Work Stations: 32 Partitions (complete work-station) $4,800 $ 153,600 OR 32 Free Standing Office $4,500 Total $ 144,000 (Includes Desk, Chair, File Cabinets, and Shelves) PD Equipment: 1 Copy Machine $1,800 1 PACE Terminal N/C 0 1 CARNAC Terminal N/C 0 1 Photo-mug access N/C 0 1 FAX machine 550 1 Cassette Duplicator 550 1 VHS Duplicator 550 Total $3,450 Conference Room, Interview Rooms and Quiet Room Furnishing: 1 Conference Table $ 2,000 $ 2,000 2 Tables (medium size) $ 500 $ 1,000 2 Tables (small) $ 250 $ 500 25 Chairs $ 200 $ 5,000 2 Couches $ 1,200 $ 2,400 5 Televisions $ 450 $ 2,250 4 VCR's $ 250 $ 1,000 1 DVD player $ 350 $ 350 Total $ 14,500 Other Equipment: 1 Freezer $ 500 J 500 1 Microwave $ 250 $ 250 1 Dishwasher $ 600 $ 600 2 Refrigerators $ 1,200 $ 2,400 Total $ 3,750 15 INTERVIEW ROOM EQUIPMENT SPECIFICATIONS (Cost Per Room times 3 (three)) 1 Panasonic 414 Color Camera J 793 1 4mm Pinhole Lens $ 295 1 Camera Mount $ 45 1 ECM44 Microphone $ 196 1 Mackie 1204 Mixers $ 390 2 Marantz PMD222 Cassette Records $390 each $ 780 2 Sony SLV390 VCR (c $249 each $ 498 2 Sennheiser HD435 Headsets A $60 each $ 120 1 Sony KV-1313 M20 13" Monitor $ 280 1 Date/Time Generator $ 213 1 Telex Wireless Unit for Communications between Interviewers and Observers $ 750 1 Cables/Connectors $ 200 Totals $ 4,560 x3 $13,680 SEXUAL ASSAULT EXAMINATION ROOM EQUIPMENT LIST (Cost Per Room times 2 (two)) 1 Phase Contrast Microscope $ 8,000 1 Leisegange Videocolposope with 2 Magnifications and Photo-capability $ 18,000 1 VCR Recorder, Freeze Frame and Interconnect Cables $ 1,495 1 Apollo Steel Cart (Video Equipment) APOTH26A2E $ 200 1 Centrifuge 6 Place Cunaspin No.6x $ 275 (isiv 1 Integrated Instruments (Otoscope Ophthalmascope, Thermometer, Blood Pressure Monometer and Cuffs) $ 1,200 1 Stool, Exam $ 389 1 Adult Scale $ 325 1 Hill Rom Exam Stretcher P8050 (accommodates elderly and disabled patients) OR $ 5,200 1 Exam Table with Stirrups 1,000 1 Fiberoptic Gooseneck Lamp DAZ-6004/1050 $ 250 1 Woods Lamp G-F192211 140 $ 140 1 Complete Permanent Illumination System, Weich-Allyn $ 155 1 Olympic Blanket Warmer Model 10 $ 1,989 1 Refrigerator $ 182 3 Swab Dryer $ 1,800 1 Paper Towel Dispenser-wall mounted $ 50 1 Metal Waste Container with Flip Lid $ 120 1 Soap Dispenser-wall mounted $ 25 2 Chairs for Exam Room $ 600 1 Small Table (Mayo Stand) $ 100 Total Estimated Equipment Cost with Hill-Rom Stretcher $ 40,495 x2 $80,990 L 16 TOTAL COST (iv tr•#:rs:„< '{ `' s r �;"•,tsr ut y „ $", $ $"s INS? ss,,«„ s " , S♦r GJ sssZ sss ,.1"' r ' ;l iya 8 Detectives $ 790,665 $ 790,665 1 Sergeant $ 110,157 $ 110,157 1 Lieutenant $ 130,518 $ 130,518 Total Medical Equipment Cost: $ 79,590 $ 79,590 Total Equipment Cost: $ 221,604 $ 221,604 Estimated Building Lease Cost (per year): $ 180,000 $ 330,000 Renovation Cost $ 180,000 $ 375,000 TOTAL 1/ran e 1 692 534 2 037 534 £##'S#•`' SSssSS,, .vs,.,, SS,st k,:s'/sYrs', ,,,s,;,S♦r,r,S,,♦,.r. ,,;/,r,,�S„,: y,s,,,l, ,�, S,,,S, 1 , s 1� �iS,r'-s%/' r� s:6,..,,,s,S:':s :;••�££:,}.#s'£s�s".;'s,£.,�.,l�Z£#£'•�S.^sss#,,'�`�.<. %�: ..s.:£� �.,,Y, £� s ,, szs,,� �i s #„♦,� s#`r'' s£}#•;�#'s's >�, '#�i" L�£,��is�,��S's s';t,,�.•%s'���} r s;;s�r,"; �: {f. f xs�s;Sz;'• i £•r`ranil s#i x,#i 'TIOI ss£ s �# ££ #z Y 1 £ #£s#, .,.zz' r',s s££rrs3�"sws'z#£s£'s££yr,s,zss.#,::s',,,}s# '£gui,s. Personnel (year 2): $ 638,806 $ 638,806 Rent (per vear): $ 180,000 $ 330,000 Electricity and Water: ($2.10 to 2.20 square foot per year $ 31,000 $ 33,000 Utilities - Maintenance and cleaning: ($9.10 square foot , $ 136,500 $ 136,500 per year) TOTAL 'range 986 306 1.3 138 306 '£#ss'#�;;s%`rz'#yszu,.sss£#•t,,}'},y':s'£�'#%£s,�'�Sz.# sfz•'#,###€� � •,, z r•s£ jaw, ,£'£s,}��s�s::i♦, y£ ��,t#.. mpg z"s s£' y'v i s 5,# £%'�" s�<rsu%+�#�;s ££�",'`s;£.��,.�., £�,.S(�.,s,.: , .r•},b•g?, S ]#i� i? #` .. +' f: ':{ ,.•> , ##s {' <tK, f '/' ,S' £�{"S£'#}#g,,#S >"£#,�£}5.;�: �S+V� ':.4 ,. 1 ,•`•4". t4rF •li' �,r, r .,N , ,, £'r�,'4,S�'"`�£f £# Ss,,:: .,.£' £S� %/4 S,,,1' ,#££�'r: ••••},..gii,k z.,' , Total Medical Equipment Cost: $ 79,590 Total Equipment Cost: $ 10,000 • TOTAL.4! 89 590 ,a',s,'us£££',,#%A z zy xz ,##' z s} s• ''ss z 'r z zz' s, "s #.r,r z. z s s s a. .4 zz•' 2002-2003: I $ 394,500 lbw 2003-2004: i $ 101,400 TOTALI $ 495,900 Estimated Total Initial Cost s#sk'z,zszsryrs s:`u:s£y4;ns,#.0.w ## . >#.:'t ',tt#,43t ,.%' ";sss:•a ' ,�:_��" :P. ,:: :1�. '. > t� ,h f5�gi :> �,Jr $ 1,692,534 $ 2,037,534 {• is #t#f# P, < t• �y��u st s•s#t' ttss�w s� % Y .t E 3 $ 585,490 585,490 �' r a,, ,,c s•;{,,xt£4#w;t�,�:• ;sty.r�tip t4�irs£'.t#}2t{;;',ts,:s�n�<ss35S� ##' z;sr; ,t jtt 1,M. .R r . x .1: 3FR .'"PE52.��. s� ,s { r,V,Rt. $ 1,107,044 $ 1,452,044 (liorr 17 COMMITTED PARTNERS Scottsdale Health Care • Child Protective Services St. Joseph's Hospital Child help Paradise Valley Police Department Salt River Reservation Police Department Maricopa County Attorneys Office City of Scottsdale Prosecutors Office Fountain Hills Marshall's Office Phoenix Police Department (kw 18 L CONCLUSION/RECOMMENDATION The center and team approach will make an immense difference in our community and in the ability to do our job more efficiently. The center and team approach will improve the quality of child abuse and neglect investigations, as well as domestic violence crimes, through enhanced communications and cooperation among its members. By pursuing a multidisciplinary team approach, we will reduce the number of interviews victim's face and the length of the investigative process and interventions,thereby preventing further trauma to the victims. There is a lot of interest from the community and prospective partners to move forward with the Advocacy Center. We've had a number of inquiries from citizens and businesses regarding the equipment needs of the center and have delayed our response for council approval. With prompt action it may be possible to offset some of the initial cost. Within the last two months two of the partners of this project have committed $89,590 to specified equipment. In the 2002/2003 and 2003/2004 budget years there is Capital Improvement Project Funding for the Advocacy Center. The CIP funding for these years is $495,900. We would like to explore the opportunity to receive a portion of this funding as soon as possible so those immediate steps can be taken to initiate this project. As indicated Personnel/Staffing is also of great concern. Throughout the last 3 years, our investigations have struggled because of growth and staffing. The Sex Crimes/Domestic Violence Unit will need expansion in order to meet the needs of the community. We plan on (kw requesting the required level of staffing within the next the two-year budget process unless an expedient opportunity is presented. { L 19 RESOLUTION 2001-19 (lbw A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS DECLARING THEIR POSITION IN STATING POLICY RELATIVE TO THE HYETT PALMA FOUNTAIN HILLS DOWNTOWN ECONOMIC ENHANCEMENT STRATEGY 2001 REPORT: Whereas, the Fountain Hills Town Council wishes to state its support and endorse the Hyett Palma Downtown Economic Enhancement Strategy 2001 Report; and Whereas, the Fountain Hills Town Council fully recognizes the importance of the Fountain Hills downtown area; and Whereas, the Fountain Hills Town Council wishes to state its position and policy regarding the recommendations made in the Hyett Palma Fountain Hills Economic Enhancement Strategy 2001 report; and Whereas, the Fountain Hills Town Council wishes to encourage the cooperation of all interested downtown stakeholders; and Whereas, the Fountain Hills Town Council wishes to express its strong support of the Mayor's Downtown Partnership Committee; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,THAT: 1. The Town Council fully supports the ideas and directions embodied in the Hyett Palma Fountain Hills Downtown Economic Enhancement Strategy 2001 Report. 2. The Town Council wishes to implement as many of the recommendations as becomes practical, possible, and feasible. 3. The Town Council fully supports Mayor Sharon Morgan's efforts in establishing and working with the Mayor's Downtown Partnership Committee, specifically in this Committee's efforts to implement the recommendations in the Hyett Palma Downtown Economic Enhancement Strategy 2001 Report. 4. The Town Council directs the Town Manager to implement, as is appropriate, the recommendations pertaining to the platting, rezoning, and other more technical implementation strategies as described in the Hyett Palma Downtown Economic Enhancement Strategy 2001 Report. L 5. The Town Council wishes to express a very strong desire to work with the (Now Plat 208 Property Owners Association, and to express regret if the Plat 208 Property Owners decide that they do not wish to join with the Town in these efforts. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills,this 19th day of April 2001. FOR THE , WN OF FO AIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie Hansen,Town Clerk REV D BY: APPROVED AS TO FORM: ' r / GC • / �� LA_i/i / Paul L. ordin,Town Manager illiam E. Farrell,Town Attorney (tow L MEMORANDUM TO: HONORABLE MAYOR MORGAN AND_ TOWN COUNCILMEMBERS (j v J FROM: PAUL L. NORDIN,TOWN MANAGER a �, ✓ DATE: APRIL 17, 2001 RE: CITIZENS AD HOC COMMITTEE PROPOSED FAA FLIGHT PATTERN CHANGES Mayor Morgan and Councilmember Hutcheson have requested an additional agenda item for discussion and possible action concerning the appointment of a citizens ad hoc committee to represent the Town and its interests relative to the proposed FAA flight path changes at Sky Harbor airport. L If Council ,agrees, the proposed committee would be only used for this one specific task g and would cease to exist once this task has been accomplished. L Law Offices Of William E. Farrell, P.L.L.C. L, Tel(480)837-5750 William E.Farrell Building A Fax(480)837-5805 16838 E.Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farre vigt Town Attorney DATE: April 19, 2001 RE: Resolution 2001-17 (11, On your agenda for consideration this evening is Resolution 2001-17 which calls for the acquisition by gift, purchase or eminent domain of a certain parcel of real property located in the Town of Fountain Hills for the purposes of obtaining a public road right-of-way and perhaps constructing a public road. The parcel that is described in the resolution and depicted on the exhibit is a parcel of land not currently owned by the master developer but which would be necessary for the development of a proposed subdivision known as Eagle Ridge North should the Town of Fountain Hills acquire certain real property currently before the courts in an eminent domain action set for trail in June of this year. The acquisition of this property will allow for two methods of primary access to vacant unsubdivided land currently owned by MCO and would either greatly diminish or totally alleviate any claim whatsoever for severance damages should the Town acquire other portions of real property adjacent to the proposed Eagle Ridge North or within the boundaries of the proposed Eagle Ridge North subdivision. It is difficult to tell exactly whether or not this property would need to be acquired immediately or at some point in the future because the plat map for Eagle Ridge North has not yet finished staff review nor has it been voted upon by the Planning and Zoning Commission or the Mayor and Council. The resolution will be needed for inclusion in our exhibits in the eminent domain trial. Z:\WPDATA\FH\RES\Staff Report 2001-17.wpd Memorandum Re: Resolution 2001-17 (ikw April 19, 2001 Page 2 As always staff will be prepared to answer any questions you may have regarding the location of this property. Respectfully submitted, William E. Farrell Town Attorney L L Z:\WPDATA\FH\RES\Staff Report 2001-17.wpd (lbw RESOLUTION 2001-17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,DECLARING A PUBLIC NEED AND NECESSITY PURSUANT TO A.R.S. § 12-1111, et. seq. FOR THE ACQUISITION BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN REAL PROPERTY LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS FOR THE PURPOSES OF A PUBLIC ROAD AND PUBLIC ROAD RIGHT-OF-WAY; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That A.R.S. § 9-240 and 12-1111,et.seq.provide general law towns of the State of Arizona the authority to open and lay out streets and public rights-of-way as well as the authority to acquire Lreal and personal property for use as public roads and rights-of-way. Section 2. That the Town Council hereby finds and declares that certain real property depicted on the map attached hereto as Exhibit"A" and more particularly described legally as set forth in Exhibit "B"is needed for a public road and public right-of-way to certain real property owned by the Town of Fountain Hills. Section 3. That the Town Council pursuant to A.R.S. § 12-1112 specifically finds that the use to which the property is to be applied is authorized by law and that the taking of the property if necessary is in the best interests of the citizen of the Town of Fountain Hills. Section 4. That the Town Manager,Town Clerk,and Town Attorney are hereby authorized and directed to acquire said real property by gift,purchase or eminent domain, and to do all acts and to sign all documents and pay all costs necessary to acquire said real property. L Resolution 2001-17 Page 1 of 2 Section 5. (116, That the Town Manager,Town Clerk and Town Attorney are further authorized and directed to adjust the legal description of the property to be acquired in cooperation with plans for development filed by adjacent property owners so as to eliminate any unintended adverse impact upon adjacent property. Section 6. That the immediate operation of the provisions of this Resolution is necessary for the preservation of the public health, safety and welfare of the citizens and in order to allow both the property owner and the Town to take advantage of time and financial opportunities that exist to consolidate this action with other actions and negotiations an emergency is hereby declared to exist, and that this Resolution shall be in full force and effect from and after its passage by the Council, as required by law. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 19th day of April, 2000 FOR TH TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, 'town Clerk RE WED BY: APPROVED AS TO FORM: Paul L.Nordin, Town Manager it:1/146^^. ell, Town Attorney L Resolution 2001-17 Page 2 of 2 (kow Exhibit A PROPERTY ACQUISITION PARCEL—WATER TANK ROAD RIGHT-OF-WAY A parcel of land located in Section 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the north quarter corner of said Section 17; Thence south 07 degrees 12 minute 18 seconds east a distance of 1594.96 feet to the most northwestern corner of Lot 17 of SunRidge Canyon Parcel M Final Plat as recorded in Book 427, Page 50 of the Maricopa County records, said point also being on the boundary of said plat; Thence south 06 degrees 22 minutes 54 seconds east along the westerly property line of said Lot 17, a distance of 156.86 feet to the TRUE POINT OF BEGINNING; Thence continuing south 06 degrees 22 minutes 54 seconds east a distance of 11.60 feet to the beginning of a non-tangent curve being concave southwesterly, having a radius of 543.00 feet, a radial line passing through said point bears south 12 degrees 22 minutes 12 seconds west; Thence departing said westerly property line of said Lot 17 easterly along the arc of said curve through a central angle of 08 degrees 28 minutes 33 seconds, an arc length of 80.33 feet; Thence south 69 degrees 09 minutes 16 seconds east, a distance of 171.26 feet to a point on the most southwesterly property line of Lot 16 of aforementioned SunRidge Canyon Parcel M Final Plat; Thence departing the most southwesterly property line of said Lot 16 and continuing south 69 degrees 09 minutes 16 seconds east, a distance of 7.66 feet to the beginning of a tangent curve being concave northeasterly,having a radius of 357.00 feet; Thence easterly along the arc of said curve through a central angle of 18 degrees 01 minutes 26 seconds, an arc length of 112.30 feet to the beginning of a non-tangent curve being concave southeasterly, having a radius of 45.00 feet, a radial line passing through said point bears south 65 degrees 46 minutes 57 seconds east, said point also being on the southerly property line of said Lot 16 and on the westerly right-of-way line of Rhoads Court of aforementioned SunRidge Canyon Parcel M Final Plat; Thence southerly along the arc of said curve and said right-of-way line through a central angle of 12 degrees 15 minutes 24 seconds, an arc length of 9.63 feet to the most southeasterly common corner of aforementioned Lots 16 and 17; Thence southerly and departing from said southeasterly common corner of said Lots 16 and 17 and on the aforementioned westerly right-of-way line of Rhoads Court and continuing along t said curve through a central angle of 38 degrees 32 minutes 22 seconds, an arc length of '�s ' rE s�, � v Li, to the most southeasterly corner of aforementioned Lot 17; w7 16545 �� RAID,' L o N iR 0� • es�=ne• ,QiIoNA,V s{�.►- Property Acquisition Parcel-Water Tank Road ROW.doc Page 1 of 3 (Iikw Thence southeasterly and departing from said southeasterly corner of said Lot 17 and on the aforementioned westerly right-of-way line of Rhoads Court and continuing along the arc of said curve through a central angle of 63 degrees 20 minutes 05 seconds, an arc length of 49.74 feet; Thence south 89 degrees 55 minutes 35 seconds east along the said southerly right-of-way line of Rhoads Court a distance of 410.76 feet to the beginning of a tangent curve concave southwesterly, having a radius of 25.00 feet, said point also being on the westerly right-of-way line of Sunridge Drive as recorded in Book 406, Page 23 of the Maricopa County records, said point also being on the most southeasterly point of aforementioned SunRidge Canyon Parcel M Final Plat; Thence southeasterly along the arc of said curve through a central angle of 95 degrees 06 minutes 14 seconds, an arc length of 41.50 feet; Thence south 05 degrees 10 minutes 39 seconds west along said westerly right-of-way line of Sunridge Drive a distance of 53.00 feet; Thence departing said westerly right-of-way line of Sunridge Drive north 89 degrees 55 minutes 35 seconds west a distance of 454.90 feet to the beginning of a tangent curve concave northeasterly, having a radius of 500.00 feet; Thence westerly along the arc of said curve through a central angle of 20 degrees 46 minutes 20 seconds, an arc length of 181.27 feet; Thence north 69 degrees 09 minutes 16 seconds west a distance of 178.92 feet to the beginning of a tangent curve concave southwesterly,having a radius of 400.00 feet; Thence along the arc of said curve through a central angle of 14 degrees 20 minutes 51 seconds, an arc length of 100.16 feet; Thence north 83 degrees 30 minutes 07 seconds west, a distance of 52.49 feet; Thence north 06 degrees 29 minutes 53 seconds east, a distance of 50.00 feet; Thence north 83 degrees 30 minutes 07 seconds west, a distance of 80.00 feet to a point on the northerly boundary line of Copperwynd Fountain Hills Final Plat as recorded in Book 460, Page 08 of the Maricopa County records, said point also being on the boundary line of said plat; Thence departing the northerly boundary line of said Copperwynd Fountain Hills Final Plat and continuing north 83 degrees 30 minutes 07 seconds west, a distance of 155.89 feet to the beginning of a tangent curve being concave northeasterly, having a radius of 550.00 feet; Thence westerly along the arc of said curve through a central angle of 41 degrees 25 minutes 10 seconds,an arc length of 397.60 feet; Th::y : ' north 3161 feet to ar, weary line of said Copperwynd Fountain Hills Final Plat; - 185 \ rihRri'Yil Property Acquisition Parcel-Water Tank Road ROW.doc Page 2 of 3 ���20�w A, (iii, EXHIBIT "B" TOWN OF FOUNTAIN HILLS PROPERTY ACQUISITON PARCEL REA 01-1 PART OF SECTION 17 T 3 N., R. 6 E. 777 �RIVE s° ,,� U N SU B D I VIDEO' LRIDGE w EAG SRA, h "� sr,. 6 'us�S ,.� L12CY 4 `� L13 LOT 1 ,4. 0 .' n` a • 14 PARCEL 1 COPPERWYND C9 FOUNTAIN HILLS SUNRIDGE CANYON �4, p=17.22'33" h�• BOOK 460, PAGE 08 C10 R=500.00' BOOK 406, PAGE 23 ^ti^� TRACT "A" f L=151.63' .2 '') 6.7148 AC, ' a°' 00' //// (H.P.E. = 5.5094 AC.) ��' y q O o <S //// ca° 0,?h'pFsy�¢ i �J c,,, Lll .01 �cIN ti tfI w rn1 6,fir. i Ad NO3'10'34"W 382.71e L16 COPPER.. ND /INO24;: T.P.O.B. FOUNT• HILLS 0622'54E BOOK e0, PAGE 08 156.86'(paw LOT 2TRAIL, SIDEWALK, C _ 4g6AINAGE, PUBLIC UTUTILITY& COMMON9ACCESS EASEMENT183.17' `� 43). 4pA�p j ll 17 o v ale axe. v? TRACT "D" , 4 Ay12'5221e: � H.P.E. �I. 1g2.1$ .w o�� 4.6720 AC. °' 16 �� AN• a�v O,M 3E,737.06.0.ft• •� OQ if^ 0.87 we. g G 1Ci.T ao C7 F 3 ago 32 PARCEL 1 ��~hC217 ��E SUNRIDGE CANYON �1r" 15545 O •VP"' r11 �o ego BOOK 406, PAGE 23 , 5�1a RANDY L PARCEL 1 C3 f 15 SUNRIDGE CANYON / ',5'' ��HAR ' o. BOOK 406, PAGE 23 •1`A`• 5�'i 5125 a o SUNRID • CANYON •'�'Zr1'1'?ffA,V" 0,!one .ice P.-CEL M I. L6 BOOK 427, PAGE 50 -I W11\ -w L4 14 N, LANDSCAPE, DRAINAGE CV nl SIDEWALK & EASEMENT '' NOTE: m N PUE �I REA 01-1 CONTAINS PORTIONS OF SUNRIDGE CANYON co R=1127. 0' AR=1180. 0' PARCEL 1; PARCEL M, LOT 16; PARCEL M, LOT 17; R=1127.00' R=1180.00' 176.33' L=110.10' L=115.28' AND COPPERWYND FOUNTAIN HILLS TRACT A. -K031.0 3e.g ---1 ---�g e93 I I 13 -- - PORTIONS OF PARCEL REA 01-1 CONTAIN EXISTING ---- _ _ - 7----- EASEMENTS FOR PUBLIC UTILITIES, DRAINAGE, TRAILS, SUNRIDGE DRIVE '�� HILLSIDE PROTECTION, SIDEWALK, COMMON ACCESS, L --____! AND LANDSCAPE; ALL AS SHOWN. 1 --. SUNRIDGE CANYON PARCEL 1 CONTAINS THE CURRENTLY UNDELINEATED FLOODPLAIN FOR CLOUDBURST WASH ALONG AND WITHIN THE PROPOSED PARCEL REA 01-1. (le WATER TANK ROAD RIGHT-OF-WAY .3 SEE SEPARATE SHEET FOR PRELIMINARY FLOODWAY & j/� APPROXIMATE AREA TO BE S1) FLOODPLAIN LIMITS AND AREA. ACQUIRED 14.01 ACRES) SCALE: is 250' DATE: 4-17-01 SHEET 1 OF 2 EXHIBIT "C" Nior DATA TABLES WATER TANK ROAD RIGHT-OF-WAY UNE TABLE UNE BEARING LENGTH L1 S06'22'54"E 11.60' L2 S69'09'16"E 171.26' L3 S69'09'16"E 7.66' L4 S89'55135"E 410.76' L5 S05'10'39"W 53.00' L6 N89'55'35"W 454.90' L7 N69'09'16"W 178.92' L8 N83'30'07"W 52.49' L9 N06'29'53"E 50.00' L10 N83'30'07"W 80.00' L11 N83'30'07"W 155.89' L12 N42'04'57"W 31.61' L13 N44'53'25"E 104.14' L14 S42'04'57"E 37.11' (1110, L15 S83'30'07"E 83.22' L16 S8310107"E 205.16' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT Cl 0878'33" 543.00' 80.33' 40.24' C2 18'01'26" 357.00' 112.30' 56.62' C3 1215'24" 45.00' 9.63' 4.83' C4 38'32'22" 45.00' 30.27' 15.73' C5 63'20'05" 45.00' 49.74' 27.76' C6 95'06'14" 25.00' 41.50' 27.33' C7 20'46'20" 500.00' 181.27' 91.64' C8 14'20'51" 400.00' 100.16' 50.35' C9 41 2510r " 550.00' 397.60' 207.93' rr t.��c� C10 41'25'10" 446.00' 322.42' 168.62' '" •��t Cs T�w C11 05'2910" 554.00' 53.05' 26.54' ; F mow q 1(1545 R�il.i'iii •,nea••'' {t.• #14/ZON A,v S L DATE: 4-17-01 SHEET 2 OF 2 EXHIBIT "D" TOWN OF FOUNTAIN HILLS PRELIMINARY FLOODPLAIN LIMITS - PARCEL REA 01-1 PART OF SECTION 17 T 3 N., R. 6 E. EAG� aIC E 1� UNSUBDIVIDED LOT 1 COPPERWYND FOUNTAIN HILLS BOOK 460, PAGE 08 TRACT "A" END OF DELINEATION / 6.7148 AC. /// (H.P.E. = 5.5094 AC.) ,°.°lam Al :::° RE>EEEEEE':iiii: / ,,,,i,lipi:i0 COPPER• ND li€Eii€ FOUNT• HILLS !;::::/ 11 BOOK ••0, PAGE 08 4 ! I I........I LOT 2 !::I:1 !ii€i'sf is + TRACT "D" f:. ;r' H.P.E. /III. :�i 4.6720 AC. ::i:•s;:: 16 ts;'... PARCEL REA 01-1 [.•" (WATER TANK ROAD c. 1, PARCEL 1 RIGHT-OF-WAY) r«0i SUNRIDGE CANYON OW BOOK 406, PAGE 23 col -•0%00' ia/f 1st 1 N PARCEL 1fin 15 .��' �t‘rIC.gr fh 9� SUNRIDGE CANYON �t s j °j 13124 O• �' t a BOOK 406, PAGE 23 A `1 a E::::::::; I siCt RANDY L. ~ . Cii iiIIIIIv SUNRIDG CANYON Ii° :::! i P•-CEL M HARREL 4)I ' I:: : + BOOK 427, PAGE 50 M� t"" €i,ijk a 14 !�s��n! •' iiiiIii'iiiiii:i:i ,................ *' i 1 EXISTING DBL IiE?';?: €?' ::€m NOTE: \• i 12x8 CBC ':::?° ' ?`•.' 13 100—YEAR FLOW Q = 2380 CFS SUNRI v:i.i*i ::i*i goo t::::.:::::::::: ESTIMATED FLOODPLAIN AREA WITHIN PROPOSED _DGE D �` ""~` REA 01-1 = 1.3 ACRES RIVE --1 ' -- SOURCE: "MASTER DRAINAGE ANALYSIS, FINAL i - , -� HYDRAULIC EVALUATION FOR SUNRIDGE CANYON". FIGURE 3, HEC-RAS FOR WASH A, BY JMI AND g ASSOCIATES, DATED 7-8-99. PRE-FINAL SUBMITTAL, L ----- PRELIMINARY EXISTING 4111ID NOT CURRENTLY APPROVED BY TOWN. 1011111101 100 YEAR FLOODPLAIN SCALE: r= 250' DATE: 4-V-01 SHEET 1 OF 1 Town of Fountain Hills Memorandum DATE: April 13, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Developmen THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of initiating of an amendment to Section 5.06(F)of The Zoning Ordinance for the Town of Fountain Hills to allow swimming pools and pool enclosure walls/fences to encroach into street side-yard setbacks if certain conditions are met. Mayor Morgan has requested that this item be placed on the Council's Agenda. The Town recently denied a building permit application for a swimming pool and a pool enclosure wall that was proposed to be built within the street side-yard setback of a house located at the intersection of Kim and Centipede Drives in the"R1-10"Zoning District. The house was built in 1993 when the street side-yard setback was ten feet(10'). Late in 1993 the Town amended its zoning regulations and changed the street side-yard setback in the many of the LTown's small-lot single-family zoning districts,including the R1-10 Zoning District,to twenty feet(20'). The house on Kim and Centipede Drives was built so that one corner of the house observes a 10' street side-yard setback. Furthermore,the house was built at an angle on the lot such that there is a small, level area for a swimming pool to the rear of the house,but that area is within the street side-yard setback. Staff explained to the property owner that with the exception of gaining approval of a variance,the only way the Town could issue a building permit for the proposed swimming pool and pool enclosure wall to be built within the 20' street side-yard setback would be for the Town to approve an amendment to the zoning ordinance text. Since the Town's modification of the street side-yard setback in our smaller lot single-family zoning districts in 1993,the Town has denied property owners the ability to build swimming pools and/or pool enclosure walls/fences within the 20' street side-yard an estimated 50 times. If the Town Council desires to allow swimming pools and pool enclosure walls/fences to be built within this setback area on corner lots and in a manner that would minimally affect other properties in Town,the following amendment to Section 5.06(F)of The Zoning Ordinance of the Town of Fountain Hills would do so. Text to be added is shown as double-underlined. L Town Council Memorandum April 13,2001 Pools/fences in SS Setbacks Initiation Page 2 of 2 5.06 Yard,Lot,and Area Requirements. F. Swimming Pools. Any swimming pool in any zone shall not be located in the required front or street side yard and shall be at least three (3)feet from any rear and interior side lot lines, and shall maintain side yard setbacks from the street side lot lines as required for the main structure in that zone. However, a new swimming pool and a new pool enclosure fence or wall (but not pool equipment) may be built while observing a street side-yard setback of between ten feet(10' and twent feet 20')if all of the following conditions apply 1. The property must be located within the"R1-10"Zoning District. 2 The development of a wall or fence must be a part of a new swimming pool building permit application in order for the wall or fence to be located within the street side-yard setback. 3. A single-family house must have been developed on the property under a building permit issued prior to November 1:. 1993 and the single-family house or a •ortion of the house (not including unenclosed porches or •atios must have been built between the then minimum street side-yard setback line of ten feet (10') and the current street side-yard setback of twenty feet(20'). 4. If all of the conditions as stated in subsections 1 through 3 above are met, a new swimming pool and a new pool enclosure fence or wall (but not pool equipment (taw may be built while observing not less than the street side-yard setback of between ten feet (10'1 and twenty feet (20'1 as observed by the single-family house. For example if a house in the "R1-8" Zoning District was built in 1990 and if one corner of the house was built observing a twelve (12') street side-yard setback, a new pool enclosure wall or fence and a new swimming .ool could be built while observing a twelve(12')street side-yard setback. L Town of FOUNTAIN HILLS = ° Engineering Department tsr (atbat is ATOP- MEMORANDUM TO: Jeff Valder FROM: Randy L. Harrel,P.E.,L.S. • Town Engineer DATE: April 16, 2001 RE: Proposed zoning ordinance amendment initiation on April 19, 2001 Council agenda. Allowing by-right pools and pool fences within the street side yard setback. We are very concerned with the proposed zoning ordinance initiation which would allow pools and pool fences "by-right"into the"back"half of the street side yard setback in the Town's older platted subdivisions. We recognize that there are probably many locations where the proposed change would not adversely impact either the street infrastructure, sight lines, utilities, or the adjacent property. However, the 20' street side yard setback was enacted because, in many instances, it is needed or highly desirable. Some of those circumstances are: Street sight line infringement. • Sight line easements weren't ever platted prior to 1992. Even if the side street was platted thereafter, but subsequent to the corner lot's subdivision, it may not have been feasible to obtain a sight line easement. The stop sign direction may have changed from what was originally anticipated. Or, the need for a sight line might have easily been overlooked in the platting process. Existing utilities/drainage. • If there is an existing PUE, DE, or other easement, or if there is an existing utility line or drainage flow path in the "back" half of the street side yard setback, those rights of record and/or of adverse possession to this area should preclude a pool or fence being built there. Future street/utilities/drainage. • The Town may eventually need to widen the street, add a turn lane, construct a meandering sidewalk, cut back a steep slope, or widen/deepen a drainage flow path, in this area. The Town and/or a utility may eventually need to construct a new utility line, box, or structure, in this area. Landscape infringement. • The street side yard setback serves a useful public purpose to provide a pleasant landscapable area. Zoning Ordinance Mitigation.doc Page 1 of 2 Chron 105 L., Clear zone infringement. • The street side yard setback frequently doubles as the roadway clear zone. Having the appropriate clear zone allows a run-off-the-road vehicle a recovery zone before crashing into an immovable object—like a block wall, or a swimming pool. The clear zone is particularly important for higher speed collector and arterial roadways, uncurbed roadways, the outside of curved roadway lengths, and for steep slopes. Floodplain. • Many older areas of Town contain floodway/floodplain flows outside of platted drainage tracts or drainage easement areas. These may overtop and cross roadways, or flow along roadways, often spreading onto adjoining property. The major flow areas are shown on our Floodplain Delineation Maps, but smaller—though still significant—floodable areas must be individually evaluated in the field and on the maps by qualified technical personnel. For all these reasons, the Engineering Department opposes blanket, by-right encroachment into the street side yard setback. However,we do recognize that there are probably many locations where such encroachments would not be detrimental. Perhaps a discretionary review and approval process—such as a zoning variance or a process similar to our easement abandonments--would be appropriate. All the above items (and others as appropriate) should be considered for whatever review/approval process is used. Lbb cc: Tom Ward Jim Leubner Zoning Ordinance Mitigation.doc Page 2 of 2 Chron 105