HomeMy WebLinkAbout2003.0116.TCREM.Packetthat is "'
NOTICE OF REGULAR AND EXECUTIVE
SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Jon Beydler
Councilman Rick Melendez Councilwoman Kathy Nicola
Vice Mayor Leesa Stevens Councilman John Kavanagh
Councilman Mike Archambault Councilwoman Susan Ralphe
WHEN: THURSDAY, JANUARY 16, 2003
TIME: 6:00 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 EAST PALISADES BOULEVARD, BUILDING B
(Executive Session will be held in the Building A Teleconference Room)
RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190
It is the Council's �esire to hear public comment on agenda items. As it is important to maintain order during the meeting, please
adhere to the followt3ig rules of order if you wish to speak:
1.) All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the
Council has had adequate opportunity to discuss the item.
3.) Please stand, approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER AND ROLL CALL — Mayor Beydler
1.) Pursuant to A.R.S. §38431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or
consultation for legal advice with the attorney or attorneys of the public body, specifically, regarding
implementation of the recommendations from the Fire and Emergency Service Funding Citizens Advisory
Committee.
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler
• INVOCATION — Pastor David Iverson, Fountain Hills Christian Church
• ROLL CALL
• STATEMENT REGARDING MEETING PROTOCOL — Mayor Beydler
• REPORT TO PUBLIC ON COUNCIL RETREAT — Mayor Beydler
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Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non -controversial matters and will be enacted by one motion
and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended
staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or
member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent
agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of December 19, 2002 and January 2,
2003.
*2.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Costa Alada Condominiums,
located at 12616 N. Mountainside Drive, aka Plat 601A, Block 3, Lot 17, Case Number S2002-51.
*3.) Consideration of RESOLUTION 2003-01 abandoning whatever right, title, or interest the Town has in
certain public utility and drainage easements located at the northwesterly property line of Lot 30, Block 6,
Plat 401B (10248 N. Demaret Drive) as recorded in Book 155 of Maps, Page 12 Records of Maricopa
County, Arizona EA2002-24. Elizabeth and David Van Voorhees.
*4.) Consideration of APPROVING THE PURCHASE of one mobile and seven portable radios from
Motorola in the amount of $37,062.11. The radios will be purchased on state contract and are needed for
the Marshals Department officers to be dispatched by the Maricopa County Sheriffs Office effective
February 1, 2003.
5.) Consideration of APPOINTING four citizens to the Community Center Advisory Commission to fill the
vacancies caused by expiring terms.
6.) Consideration of a TEMPORARY USE PERMIT to allow Outdoor Retail Sales to occur more than four
`401 times during one calendar year, located at 12645 N. Saguaro Blvd., aka Lot 2 of the Plaza Fountainside
Final Plat, Case number TU2002-04.
7.) UPDATE on the recent budget reductions including: how the steps taken so far have impacted town
services; what solutions have been identified to handle any situations that had risen from the changes; and
a projection on how much money would be saved in the current fiscal year, with possible direction to
staff.
8.) REPORT on three revenue sources cited in the manager's memo dated December 11, 2002 to provide
the Council with more details on the options that include: the elimination of sales tax exemptions; the
increase of permit, license and user fees; and the placement of a utility franchise fee on the ballot.
9.) Consideration of RESOLUTION 2003-02 relating to the consent by the Town of Fountain Hills to
formation of a fire district within the incorporated boundaries of the Town; and declaring an emergency.
10.) Consideration of ORDINANCE 03-01 relating to the privilege license tax; amending the Town Code by
increasing the rate of taxation from one and six -tenths percent (1.6%) to two and sixth -tenths percent (2.6%)
providing penalties for the violation thereof; providing for severability; designating an effective date and
providing for application of tax to certain contract.
11.) Consideration of RESOLUTION 2003-03 submitting to the qualified electors of the town the question of
authorizing the Town to levy primary property taxes; and declaring an emergency. The emergency clause
is necessary to make the resolution effective immediately and meet the statutory deadlines for the election
process.
12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
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13.) CALL TO THE PUBLIC.
14.) ADJOURNMENT.
Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda but must be within the
jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or
take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be
put on a future aqenda.
DATED this 15'h day of January, 2003
Cassie B. Hansen, Director of Administration/Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the meeting to request a reasonable accommodation to participate in this meeting or to
obtain agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's
office.
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Town of Fountain Hills
Council Attendance Roll - Consent Agenda Action
Meeting Date: 1— 16 - O 3
Attendance Roll
Present
Absent
Archambault
Beydler,
Mayor
Fraverd,
Vice Mayor
Kavanagh
Melendez
Nicola
Ralphe
Agenda Item Number(s): /•—• 7
Staff
Andrew McGuire
Tim Pickerin
✓
Cassie Hansen
Tom Ward
Jesse -fie
Others:
Consent Aqenda /) ti - C,.rm/]��--
Motion:
KO
Second:
ry\
Roll Call _
Archambault
Beydler, Mayor
Fraverd, Vice Ma
Kavanagh
Melendez
Nicola
Ralphe
Amendment:
Second:
Roll Call
Archambault
Beydler, Mays
Fraverd, Vice
Kavanagh
Melendez
Nicola
RalDhe
r
Notes/Post Council Meeting Actions:
Nay
Action Taken
v Approve Denied
`-Tabied" Date:
Continued Date:
Action Taken:
Approved
Tabled
Continued
Denied
Date:
Date:
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type:: Regular Meeting
Submitting Department: Administration
Consent:® Regular:❑
Meeting Date: 1/16/03
Contact Person:
Requesting Action:❑
Tvpe of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Minutes
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of APPROVING THE MEETING MINUTES of December 19, 2002
and January 2, 2003.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: Approve the minutes for archival purposes.
List All Attachments as Follows: Draft minutes from December 19, 2002 and January 2, 2003.
Type(s) of Presentation: none
Signatures of Submitting Staff:
t
Department Hea
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Com. Dev
Consent:® Regular:❑
Meeting Date: 1/16/03
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action:®
Tvne of Document Needing Anoroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of the PRELIMINARY and FINAL PLAT for the two -unit Costa
Alada Condominiums, located at 12616 N. Mountainside Dr., aka Final Plat 601-A, Block 3, Lot 17; Case
Number S2002-51.
Staff Recommendation: Approve Fiscal Impacts. No $
Purpose of Item and Background Information: This is a request for preliminary and final plat approval for
"Costa Alada Condominiums", a two -unit residential condominium project under construction. The Planning &
Zoning Commission and Staff recommend approval of this condominium subdivision.
List All Attachments as Follows: Staff Report; Application; Final Plat Reduction
Type(s) of Presentation: N/A
Signatures of Submitting Staff:
o
Town Manager / Designee
IR
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT
PLANNING & ZONING COMMISSION MEMO
TO: Honorable Mayor Beydler and
DT: January 8, 2003
Town Council
FR: Dana Burkhardt, Senior Planner
RE: Case # S2002-51; Preliminary & Final
Plat for The Costa Alada Condominiums
LOCATION: 12616 N. Mountainside Dr. aka Lot 17, Block 3, Final Plat 601A.
REQUEST: Consider the Preliminary and Final Plat for "Costa Alada Condominiums", a two -
unit condominium project.
PROJECT MANAGER: Dana Burkhardt, Senior Planner
DESCRIPTION:
OWNER: Betty J. Poteet
APPLICANT: Betty J. Poteet
EXISTING ZONING: "R-3"
EXISTING CONDITION: Under construction
LOT SIZE: 13,750 square feet (.31 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Town -owned wash; zoned "R-3"
SOUTH: Duplex; zoned "R-3"
EAST: Undeveloped; zoned "R1-10"
WEST: Undeveloped; zoned "R-3"
SUMMARY:
This request is for approval of the Preliminary and Final Plat for "Costa Alada Condominiums"
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to
the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed.
The owner, Betty J. Poteet, has chosen to convert a two -unit residential complex and record a
Declaration of Condominium to sell the units individually. The units have a maximum livable area of
1,470 square feet and a minimum livable area of 1,290 square feet. Each unit has a two -car garage and
a covered patio. The property is currently under construction, building permit number 2001-553.
RECOMMENDATION:
Staff recommends approval of S2002-51; Preliminary and Final Plat "Costa Alada
Condominiums".
`1�
A
PBA 1/02
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT I For
Case Ma alg Use Only
Fountain Hills, Arizona
: APPLICATION
Area Specific Plan or Change Preliminary Plat
General Plan Amendment Cut/Fill Waiver
Plan of Development Special Use Permit
Zoning Change SU Comprehensive Sign Plan
Variance HPE Change or Abandonment
NATURE OF THE REQUEST: �vidomi'►1i uL Pfat-r
PROJECT NAME
lady COKdomi'h;u
Mrs. Applicant: + '� ' Pof-�ecf Day Phone C rU S/6 ����
_ Mr. /r?% /V , / gs'a
_ Ms. Address: MOc�n %I K s� �e r. Cif,: N ��S Stater Zip: 6
uh�f �
Mrs. Owner:
Mr.
Ms. Address:
Sayhe— Day Phone
City:
State: Zip:
If application is being submitted by someone other than the owner of the property under consideration, the section below
must be completed.
SIGNATURE OF OWNER
I HEREBY AUTHORIZE
Please Print
Subscribed and sworn before me this day of
DATE
My Commission Expires
Notary Public
`LING DATE: ` � FEE PAID:
(See Fee Schedule)
Application
Page 2 of 7
TO FILE THIS APPLICATION.
ACCEPTED BY:
Case Number
PBA 1 /02
The Town of Fountain Hills
LEGAL DESCRIPTION
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Plat Name Block Lot
PROPERTY ADDRESS �a7Al Maui s rd� r �v
PARCEL SIZE (Acres) �O?S X 1 / o ASSESSOR PARCEL NUMBER /7G - Q. r- �17O O
NUMBER OF UNITS PROPOSED Z TRACTS h Oh -P--
EXISTING ZONING: "R` 3 PROPOSED ZONING
S 4 M_j5-'
Application
Page 3 of 7 Case Number .
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COSTA ALADA
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FOUNTAIN HILLS, ARI.'ONA 85268
(480) 837-1845 Fax (480) 837-8668
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: l/16/03
Contact Person: Art Candelaria/Janice Baxter
Requesting Action:❑
Tyne of Document Needing Annroval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check ADDronriate Areas):
® Education
❑ Public Fitness
® Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Reizular Agenda Wording: Consideration of RESOLUTION 2003-01 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the northwesterly property line of
Lot 30, Block 6, Plat 401B (10248 N. Demaret Drive) as recorded in Book 155 of Maps, Page 12 Records of
Maricopa County, Arizona - EA2002-24. Elizabeth and David Van Voorhees
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: Mr. & Mrs. Van Voorhees submitted a request for a 20' public
utility and drainage easement abandonment on December 6, 2002 for the purpose of building a swimming pool.
List All Attachments as Follows: Staff Memo, Resolution, and 1-Exhibit
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
OFFICE OF PUBLIC WORKS
OFFICE MEMO
TO: Honorable Mayor Beydler and Town
DT: December 16, 2002
Council
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 2002-24
Jim Leubner, Senior Civil Engineer�
10248 N. Demaret Drive
Thomas L. Ward, Director of Public orks
Plat 401B, Block 6, Lot 30
Staff recommends adoption of Resolution 2003-01.
This item on the Town Council's agenda is a proposal to abandon a portion of the twenty
(20) foot public utility and drainage easements located at the northwesterly property line
of Lot 30, Block 6, Plat 401 B, (10248 North Demaret Drive) as shown in Exhibit "A". The
property owners of Lot 30 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 Engineering Department has reviewed the site to ascertain any drainage issues in
addition to the Town's general interest in the easement. It is the professional opinion of
the Engineering Department that there is no need for the Town to retain the drainage
easement proposed to be abandoned, with the understanding that certain lots within
this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 30 are
required to pass the developed flows generated by the upstream lots across their
property.
All affected utility companies have been notified of this abandonment proposal and
have approved of the proposed abandonment of this public utility easement.
Enclosures: Resolution
Exhibit
cc: " Van Voorhees
M/M Vider
M. Arabia
Golf International, Inc.
Acande1aria\.lbaxter\PIat401B, Blk6,Lot30(10248NDemaretDr)\VoorheesChron
`%W
When recorded, return to:
Public Works Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2003-01
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
TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS
ALONG THE NORTHWESTERLY LOT LINE OF LOT 30, BLOCK 6, OF
PLAT 401B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155
OF MAPS, PAGE 12, 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
WHEREAS, 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 twenty (20) foot public utility and drainage easements, located
along the northwesterly property lot line of Plat 401B, Block 6, Lot 30, Fountain Hills,
Arizona; as shown in Exhibit "A"; as recorded in book 155 of maps, page 12 records of
Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain
Hills. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The
property owners of Lot 30 are required to pass the developed flows generated by the
upstream lots across their property.
SFCTTON 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in
no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
Resolution 2003-01
Page 1 of 2
PASSED AND ADOPTED this 16th day of January 2003.
ATTEST:
c(7, ' �' � I
Cassie B. Hansen, Town Clerk
REVIEWED BY:
G. Pickering, CEcD own Manager
FOR THE TOWN OF FOUNTAIN HILLS
Resolution 2003-01
Page 2 of 2
QPJ�'
Q.
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401-B BLOCK 6 LOT 30
LOT 31
ABANDON 20'
P.U.E. & D.E.
per, ���• ,
o � /
W4\N
F
S,
SCALE: 1 "=40'
DATE: 12-19
r
17
BLOCK 6
LOT 30
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Town of Fountain Hills
Council Action
Meeting Date: ) —14- D,3
Public Hearing began: am/pm
Public Hearing ended: am/pm
Agenda Item #(s)
Motion: .. �� �v + < -t; -}�,�.;,
Second L 5 ��: + 3 ; r ��; .�� 1,q f �t c /_
L.1 l.. � 't'�� r.•. � � r-. t�okrcC
Roll Call Ape Nay
Archambault
Beydler, Mayor
Fraverd, Vice Mayor
Kavanagh
Melendez
Nicola
RalDhe
Amendment:
Second:
Roll Call
Archambault
Beydler, Mayor
Fraverd, Vice M
'<avana h
telendez
Nicola
Ralohe
Action:
Oublish
Aye I Nay
Action Taken:-�
Approved Denied
— —Tabted''" Date:
Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Post Council Meeting Notes:
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent:❑ Regular:®
Meeting Date: 1/16/03
Contact Person: Tim Pickering
Requesting Action:,®
Tyne of Document Needinp- Approval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only: El
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording Consideration of RESOLUTION 2003-02 authorizing the qualified electors of the
Town of Fountain Hills to begin the process of forming a new fire district.
Staff Recommendation: Approve Fiscal Impact: Yes
Purpose of Item and Background Information: Consideration to authorize citizens to begin the process of
forming a new fire district.
List All Attachments as Follows: Resolution 2003-02
Type(s) of Presentation: oral
Siiinatures of Submitting Staff:
Department Head
/-/6 03
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
RESOLUTION NO.2003-02
*" A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE CONSENT BY THE
TOWN OF FOUNTAIN HILLS TO FORMATION OF A FIRE DISTRICT
WITHIN THE INCORPORATED BOUNDARIES OF THE TOWN; AND
DECLARING AN EMERGENCY.
WHEREAS, on November 7, 2002, the Mayor and Council of the Town of Fountain
Hills (the "Council") adopted Resolution 2002-45 (i) establishing the Emergency and Fire
Services Funding Citizen Advisory Committee (the "Committee") and (ii) charging the
Committee with the task of analyzing the Town's budget for the current fiscal year and
estimating the budgetary constraints for the fiscal year 2003-2004 and beyond with respect to
funding for emergency and fire services. The Committee was also requested to provide analysis
of funding alternatives including the necessity to impose a property tax to supplement the
Town's budget for the 2003-2004 fiscal year and thereafter for the purpose of providing the
necessary funding for emergency and fire services; and
WHEREAS, the Council required the Committee to present its initial findings to the
Council in a written report to be distributed not later than December 31, 2002; and
WHEREAS, the Committee delivered its findings to the Council in a written report on
January 2, 2003; and
WHEREAS, the Committee recommended, inter alia, that the Council approve a
resolution in support of a citizens' effort to petition the Maricopa County Board of Supervisors
(the "Board") to permit the formation of a new fire district pursuant to ARiz. REV. STAT. § 48-
261 to provide fire and emergency medical services within the corporate boundaries of the Town
of Fountain Hills; and
WHEREAS, the Council desires to follow the recommendation of the Committee by
endorsing the efforts of a citizens' group to seek approval from the Board to circulate petitions
for the formation of a new fire district covering the entire incorporated area of the Town of
Fountain Hills, subject to the conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
Section 1. That the Council hereby endorses the creation of a fire district pursuant to
ARiz. REV. STAT. § 48-261 covering the entire incorporated area of the Town, subject to the
following conditions:
1. This endorsement shall expire on the earlier of (i) December 31, 2003 or (ii) the
date, if any, that the Board (a) denies the request to circulate formation petitions
pursuant to ARIZ. REV. STAT. § 48-261 (A)(4) or (b) orders that the petition
9196.001\new fire dist.res.doc
1-10-03-2
signatures are insufficient to cause the formation of a new fire district pursuant to
ARiz. REV. STAT. § 48-261 (A)(9).
2. The citizen's group shall submit the completed district impact statement required
pursuant to ARrz. REV. STAT. § 48-261 (A)(1) for review by the Council prior to
submission to the Board. The Council hereby reserves the right to reconsider this
Resolution at a public meeting in the event that the completed district impact
statement indicates that the cost to Fountain Hills residents for emergency
medical services and fire protection under a new district will be significantly
higher that it would be if provided by the Town.
Section 2. By reason of the urgent need to resolve the issue of funding for fire protection
and emergency medical services and the substantial time necessary for (i) preparation of the
district impact statement, (ii) collection of the necessary signatures by the citizens' group and
(iii) the required review, public hearings and approvals by the Board, the immediate operation of
the provisions of this Resolution is necessary for the preservation of the public peace, health and
safety, and an emergency is hereby declared to exist. This Resolution will be in full force and
effect immediately upon passage and adoption and it is so enacted.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, January 16, 2003.
ATTEST:
Cassie B. Hansen, town Clerk
AP P VED AS TO FORM:
An ew J. cGuire, Town Attorney
CERTIFICATION
I hereby certify that the foregoing Resolution No. 2003-02 was duly passed and
adopted by the Mayor and Council of the Town of Fountain Hills, Arizona, at a meeting held on
January 16, 2003, and the vote was j aye's and 0 nay's and that the Mayor and
Council members were present and voting.
Cassie B. Hansen, Town Clerk
9196.001\new fire dist.res.doc
1-10-03-2
2
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Marshal
Consent:® Regular:❑
Meeting Date: 1/16/03
Contact Person: Todd Tate
Requesting Action:®
Tyne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: purchase approval
Council Priority (Check Appropriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only;❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of APPROVING THE PURCHASE of one mobile and seven portable
radios from Motorola in the amount of $37,062.11. The radios will be purchased on state contract and are needed
for the Marshal's Department officers to be dispatched by the Maricopa County Sheriffs Office, effective
February 1, 2003.
Staff Recommendation: Approve Fiscal Impact: Yes 137,062.11
Purpose of Item and Background: Information: Last December, the Council approved the manager's budget
reduction plan that included transferring dispatch reponsibilities to the Maricopa County Sheriffs Office. To
enable the Sheriffs Office to dispatch to Marshal Department officers, new radios must be purchased that are
compatible with the County's equipment. Since the County will assume all dispatching on February 1, 2003, the
Manager has directed staff to procure the necessasry equipment. Please note that this fiscal year's approved
budget includes the amount of $54,000 for these radios.
List All Attachments as Follows:: Tate memo, equipment specifications, requisition
Type(s) of Presentation: none
Signatures of Submitting Staff:
-M Z_1_"2LA -
Department Head_ -,
ll0 -o 3
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MARSHAL
INTER OFFICE MEMO
TO: Tim Pickering, Town Manager
DT: January 10, 2003
FR: Todd Tate, Interim Town Marshal
TIT
RE: Radio Purchase
I have been working with Sergeant Ken Martinez regarding new radios that will be needed in
order for the Marshals Department officers to be dispatched by MCSO. We currently have five
of the new mobile radios in five of our patrol cars. We will need one more mobile radio for the
fleet and a total of seven portable radios, which will give us one spare portable. An amount of
$54,000 for these radios was included in this year's approved fiscal year budget.
If you should decide that three positions would stay in the Marshals Department and not go to
the Building Department, then Sergeant Martinez can change the requisition for a purchase of ten
portable radios. The radios are purchased on state contract and will have to be programmed by
the County and then the one mobile unit installed in the patrol car. I have spoken with Julie and
am aware that this purchase will have to go before the Council. Please let me know how you
wish to proceed. Thank you.
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that Is Atv10
Town of FOUNTAIN HILLS
Attn: Accounts Payable
(480)837-2003
P.O. Box 17958
Fountain Hills, Arizona 85269 N° j378
REQUISITION FOR SUPPLIES & SERVICES
VENDOR
DATE: ! A O�
TERMS:
ACCT. NO:
DIV NO:
DEPT NO.:
RESALE (PERMIT)
❑ YES ❑ NO
CONFIRMING
❑ YES ❑ NO
DELIVER TO
FOR:
3TORES ❑ LAST OR RECOMMENDED VENDOR P.O. NO. ISSUED
PURCHASE
ITEM
DESCRIPTION
ORD.
REC'D
CUR CODE
UNIT
PRICE
EXTENSION
— d
X r 300dZ
C y�J
r
e2d
CpX
3q 2 S5. o
7-7-7. c
0
DATE REQUIRED:
F.O.B.
SHIP VIA
REQUESTED BY APPROVED BY
APPROVED BY
Town of Fountain Hills
Council Action
Meeting Date: /— I Lo-03
Public Hearing began: am/pm
Public Hearing ended: am/pm
Roll Call
Archambault
Beydler, Mayor
Fraverd, Vice M
Kavanagh
Melendez
Nicola
Ralphe
Amendment:
Second:
Roll Call
Archambault
Beydler, Mayor
Fraverd, Vice Mayor
.1avana h
lelendez
Nicola
RalDhe
Amendment:
Second:
Roll Call
Archambault
Beydler, Mayor
Fraverd, Vice Ma
Kavanagh
Melendez
Nicola
Rabhe
Action:
f 11C
lublish
aecordation
Nay
Aye
Aye I Nay
Agenda Item #(s) ,,_�
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Post Council Meeting Notes:
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Parks and Recreation
Consent:❑ Regular:®
Meeting Date: January 16, 2003
Contact Person: Mark Mayer
Requesting Action:®
Tvne of Document Needing Anuroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Comm. Ctr. Comm. Appointments
Council Prioritv (Check Appropriate Areas)
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
® Parks & Recreation
Regular Agenda Wording: Consideration of Appointing four members to the Community Center Advisory
Commission
Staff Recommendation: Approve
No $
Purpose of Item and Background Informations There are currently four positions open on the Community
Center Advisory Commission beginning in 2003. The Town received a total of eight applicantions for the
openings.
Interviews were conducted by the Council on January 14, 2003. New Commissioners are scheduled to be
appointed at the Council meeting on January 16, 2003. New Commissioners will serve a two year term through
December 2004.
List All Attachments as Follows:
Type(s) of Presentation: None
Signatures of Submitting Staff:
Department Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
Town of Fountain Hills
Council Action
Meeting Date: ;
public Hearing began: am/pm
'ublic Hearing ended: am/pm
Agenda Item #(s)
Motion:..-..,, a , I 1
_ Roll Call
Archambault
Beydler, Mayor
Fraverd, Vice Mayor
Kavanagh
Melendez
Nicola
Ralphe
Amendment:
rV\ A
Second:
J K
Roll Call
Archambault
Beydler,
Mayor
Fraverd,
Vice Mayor
.avana h
Melendez
Nicola
RalDhe
IM
(o—O
IL
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Action Taken:
Approve Denied
Date:
Continued Date:
Action Taken:
Approved Deni
Tabled Date:
Continued Date:
Action: Post Council Meetinq Notes:
Copy/Distribute/Follow-up
File
Publish
Recordation
Staff Direction
Signatures
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting
Submitting Department: Com. Dev.
Consent;❑ Regular:®
Meeting Date: 1/16/03
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action;®
Tv»e-of Docurnent Needing Anuroval (Check all that appl
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
Council P orn iii C ieci AMA 6'r 6iiate;% reas" :
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report only:;❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regdfiii, nila W. 6rd ng: Consideration of a Temporary Use Permit to allow Outdoor Retail Sales to occur
more than four times during one calender year, located at 12645 N. Saguaro Blvd., aka Lot 2 of the Plaza
Fountainside Final Plat, Case number TU2002-04.
Staff Recommendation: Approve Fiscal jrnpact: No $
Purposea of temfand Backaroun&tfifo'rniation: This request is for approval of a Temporary Use Permit to
allow outdoor retail sales to be located at 12645 N. Saguaro Blvd. The applicant, Loras Kotz, is proposing an
open-air market to be held every Tuesday beginning January 21, 2003 and ending January 11, 2005. This agenda
item was continued from the January 2, 2003 meeting. Please see the attached staff report for additional details
regarding this request.
List'A'll Attachments as Follows: Staff Report; Application
Type(s) of'Presentafi " Powerpoint
Signatures of Submitting Staff:
Dep tment Head
Town Manage / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT
TOWN COUNCIL MEMO
TO: Honorable Mayor Beydler and
DT: January 7, 2003
Town Council
FR: Dana Burkhardt, Senior Plannex,_.
RE: Case # TU2002-04; Temporary Use
request for Outdoor Retail Sales
LOCATION: 12645 N. Saguaro Blvd., aka Lot 2, Plaza Fountainside Final Plat
REQUEST: Approval of a Temporary Use Permit for Outdoor Retail Sales.
DESCRIPTION:
OWNER: The Plaza Fountainside L.P.
APPLICANT: Loras Kotz
EXISTING ZONING: "TCC" Town Center Commercial Zoning District
LOT SIZE: 1.45 Acres
PROPOSED USE: Graded with dust control surfacing
SURROUNDING LAND USES AND ZONING:
'o.. NORTH: Retail Shops; zoned "TCC"
SOUTH: El Lago Blvd and vacant parcel; zoned "TCC"
EAST: Town owned parking lot at Fountain Park; zoned "OSR"
WEST: Plaza Fountainside shared parking area; zoned "TCC"
SUMMARY:
This request is for approval of a Temporary Use Permit to allow outdoor retail sales to be located
at 12645 N. Saguaro Blvd. The applicant, Loras Kotz, is proposing an open-air market to be held
every Tuesday beginning January 21, 2003 and ending January 11, 2005. Please see the site plan
and list of vendors attached with the application.
EAVALUATION:
On January 2, 2003, the Town Council continued this item at Staff's request, with a 3-1 vote.
Temporary use permits for outdoor retail sales are regulated in the Zoning Ordinance §5.16B(4) as
follows:
"A time limit shall be established for each use conducted under the temporary use
permit. Unless otherwise previously approved by the Town Council, the time limit
shall not exceed seven (7) consecutive days, nor shall there be more than four (4)
temporary use permits issued for the same use during any calendar year. The Town
Council may grant permission for the same use to be held more than four (4) times
during a calendar year."
Therefore, Council may approve a temporary use permit under §5.16 of the Zoning Ordinance for
any period of time, whether the use is for an event held on intermittent days or consecutive days,
given that a single temporary use permit does not exceed a period of two years (§2.03E(3)). The
application, as presented, conforms to the temporary use regulations of the Zoning Ordinance if
approved by the Town Council.
The applicant is aware that a business license is required for each individual vendor at the proposed
site, pursuant to §8-1-10 of the Town Code regulating retail merchants. Staff recommends a
stipulation to require each vendor to provide written consent from the property owner to locate on
the site, to be submitted with, and in addition to, each vendor's business license application.
Parking for this site has been provided with The Plaza Fountainside Final Plat subdivision
improvements pursuant to the Plaza Fountainside Shared Parking Agreement. Overflow parking is
provided to the east of this site at the Fountain Park parking area. The combined parking should be
sufficient due to the limited schedule of the open air market. On -street parking will not be
permitted.
Due to the proximity of the proposed open-air market to El Lago Blvd. and the access drive aisle to
the west, staff is proposing to stipulate that pedestrian access be delineated by the use of roping
and/or barricades to ensure safe public access to the site. This should restrict pedestrian access to
adjacent drive aisles at centralized locations.
The proposed location of the market is on a graded lot, where dust control surfacing (2"
decomposed granite) has been provided. The applicant is required to provide on -site trash
receptacles and trash maintenance during each event.
In the event that vertical structures, such as canopies or membrane type structures are requested,
future administrative approval will be required. All temporary structures must conform to the
minimum required building setbacks and all other applicable regulations of the "TCC" Zoning
District in which it is located.
Staff has not received letters of protest at this time.
RECOMMENDATION:
Staff recommends approval of this Temporary Use Permit with the following stipulations:
1) The applicant shall provide designated pedestrian access by the use of roping, signage, and
barricades or similar methods, to be approved by Town staff, prior to public access.
2) All signage shall be approved by separate permit.
3) The open-air market shall be open to the public between the hours of 9 A.M. and 3 P.M.,
each Tuesday. All items and equipment for the open-air market must be removed from the
site at the end of each business day.
4) In the event that vertical structures, such as canopies or membrane type structures are
requested, administrative approval is required. All temporary structures must conform to
the minimum required building setbacks of the "TCC" Zoning District.
5) Obtain all necessary approvals and permits from Maricopa County Health Department
prior to operation.
6) Approval of this temporary use permit shall expire on January 14, 2004, with the
opportunity for an extension by Town Council to expire on January 12, 2005.
7) This temporary use permit is non -transferable and shall become null and void with the
issuance of a building permit for a permanent structure for the same location.
8) Each vendor shall be required to obtain a business license pursuant to §8-1-10 of the Town
Code (retail merchants... with a fixed place of business within the town limits...). At time
of business license application, each vendor shall submit to the Town, written consent from
the property owner to locate on the site.
9) The applicant shall provide a list of all vendors' State of Arizona Sales Tax Identification
number and lease space number to the Town Accountant, or his/her designee, on a monthly
basis.
`t4at is
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT I or official u
case managere Only
Fountain Hills, Arizona
GENERAL APPLICATION
✓ Temporary Use Permit Grand Opening Sign Permit
Continuance Request (Maximum 14 Days)
Administrator's Interpretation or Appeal
NATURE OF THE REQUEST:
_Gr�Ctn�zed �O�rmP�S �'��r ke.'t, eCcCh TkESdc�:� � ThE rr
lore c,YN C( D0 6 n�
DURATION REQUESTED (Temporary Use or Grand Opening):
From Sanuac� �7, , 2_063 To ScLinuary 2�
a
PROJECT NAME tea; Mrs �X�arKE�
LEGAL DESCRIPTION
Plat Name
Lot
PROPERTY ADDRESS l a (o H 5 /J . Jac, Aa rr, 1U�1. �nu'{Aj \\5 AZ � Ze
Mrs. Applicant: �-i'o�s �A�� a�1� , /
—�. pp % /c.�,T�,s� Day Phone
Mr. _
Ms. Address: / i7�
� City: ��'� State: z Zip.
Mrs. Owner: 1 Day Phone I96 D F" -2 3 ��
Mr. Foss.:, s..' � L.. L',
Ms. Address: City: State: Zip:
If application is being submitted by someone other than the owner of the property under consideration, the secb�on be/ow
mil be completed
G
SIGNATURE OF OW DATE - �'7/"z
I HEREBY AUTHORIZE Lv�G s �o TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of
M
19
Notary Public My Commission Expires
FILING DATE: FEE PAID: `
1 ACCEPTED BY:
(See Fee Schedule)
General Application_(
Page 1 of 3 J Case Number
-fu
f1lamo for PLAZA FOUNTAINSIDE
Of EN Alf; MARKET
REQUEST FOR OPEN AIR MARKET AT THE PLAZA FOUNTAIN5IDE
TO DE HELD WEEKLY ON TUE5DAY5 STARTING 1114103 THRU 04103.
A L15T OF FARTICIFANT5 15 ATTACHED. THEY WILL BE 5ET OF IN ROWS
UNDER CANOPIED BOOTHS, 5EE ATTACHED SKETCH.
KE5FECTFULLY 5U13MITTED BY LORAS KOTZ
12220 N. TEAL DRIVE
FOUNTAIN HILLS, AZ
480-837-8997
Alpine Almonds John Teuber (cell#(602) 418-4523)
Atlantic Salmon Kenny Oshbacher (602) 286-9233
Breads,bakes desserts. cookies Monique/Marty Lightner (480) 585-8639
Beehive Candles Jen/Darian (866)411-9900
Bertas Burritos — Roberta (602) 787-0787
Blue Sky Farms David Voss (623)853-1424
Candy Apples Steve or Dana (602) 493-5032
DeCio Pasta Hazel (mother) Scott (son) (480) 456-1080
Desert Roots Backyard Herbs Kelly Saxter (480) 515-5453
Events by First Rose (480) 507-9331
Exotic Floral Designs Rita Picone (602) 867-1718
Gourmet Chololates Kathy McCarthy (480) 239-3903
Herbal Salves Nathaniel Davis (480) 456-1759
Lasan Teas — Sue Lybeck (602) 493-9297
Lebanese desserts Baklava
LiL Sunshine Soaps/Cards Diane Tagg (480) 837-8152
Molly's Tamales Molly (623) 878-1815
Musician Brett James Philipps (623) 580-0426
Rohs Fudge Lowell Rohs (480) 585-2825
Schambach Maple Products Frank Schambach (623) 869-0523
Sconces/ Barbara (623) 879-9236
Sheridans graphics Sherry Lee (480) 496-8213
Southwest Chilies Tracy Mescha (602) 770-3150
Soy Nuts Shirley & Morris Weisman (480) 836-8320
Spice Bazaar Mary Karadsheh (480) 874-8841
Sulfur Springs Lavender Products Rita (602) 867-1718
Sunrider Products — Stephanie Cantu (602) 410-2929
Tanita Farms (602) 999-0297
Topiaries Living Sculptures (928) 632-4935
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 1/2/03
Submitting Department: Com. Dev. Contact Person: Dana Burkhardt, Senior Planner
Consent:® Regular:❑ Requesting Action:® Report Only:❑
Type of Document Needing Annroval (Check all that a
❑ Public Hearing ❑ Resolution ❑ Ordinance
❑ Agreement ❑ Emergency Clause ❑ Special Event Permit
❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance
❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
Council Priority (Check ADDronriate Areas):
❑ Education
❑ Public Fitness ❑ Library Services
❑ Public Safety
❑ Community Activities ❑ Economic Development
❑ Public Works
❑ Human Service Needs ❑ Parks & Recreation
❑ Town Elections
® Community Development
Regular Agenda Wording: Consideration of a Temporary Use Permit to allow Outdoor Retail Sales to occur
more than four times during one calender year, located at 12645 N. Saguaro Blvd., aka Lot 2 of the Plaza
Fountainside Final Plat, Case number TU2002-04..
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This request is for approval of a Temporary Use Permit to
allow outdoor retail sales to be located at 12645 N. Saguaro Blvd. The applicant, Loras Kotz, is proposing an
open-air market to be held every Tuesday beginning January 14, 2003 and ending January 11, 2005. Please see
the attached staff report for additional details regarding this request.
List All Attachments as Follows: Staff Report; Application
Type(s) of Presentation: NA
Signatures of Submitting Staff:
D artment Head
T n Manager esig ee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT
TOWN COUNCIL MEMO
TO: Honorable Mayor Beydler and
DT: December 24, 2002
Town Council
FR: Dana Burkhardt, Senior Planner
RE: Case # TU2002-04; Temporary Use
request for Outdoor Retail Sales
LOCATION: 12645 N. Saguaro Blvd., aka Lot 2, Plaza Fountainside Final Plat
REQUEST: Approval of a Temporary Use Permit for Outdoor Retail Sales.
DESCRIPTION:
OWNER: The Plaza Fountainside L.P.
APPLICANT: Loras Kotz
EXISTING ZONING: "TCC" Town Center Commercial Zoning District
LOT SIZE: 1.45 Acres
PROPOSED USE: Graded with dust control surfacing
SURROUNDING LAND USES AND ZONING:
NORTH: Retail Shops; zoned "TCC"
SOUTH: El Lago Blvd and vacant parcel; zoned "TCC"
EAST: Town owned parking lot at Fountain Park; zoned "OSR"
WEST: Plaza Fountainside shared parking area; zoned "TCC"
fY�IT/:,
This request is for approval of a Temporary Use Permit to allow outdoor retail sales to be located
at 12645 N. Saguaro Blvd. The applicant, Loras Kotz, is proposing an open-air market to be held
every Tuesday beginning January 14, 2003 and ending January 11, 2005. Please see the site plan
and list of vendors attached with the application.
EAVALUATION:
The time limit for a temporary use permit, as described in §5.16 of the Zoning Ordinance, shall not
exceed seven (7) consecutive days, nor shall there be more than four (4) temporary use permits
issued for the same use during any calendar year, unless otherwise approved by Town Council.
This request to hold an open-air market exceeds four (4) times a year, therefore, Town Council
.approval is necessary.
Parking for this site has been provided with The Plaza Fountainside Final Plat subdivision
improvements pursuant to the Plaza Fountainside Shared Parking Agreement. Overflow parking is
provided to the east of this site at the Fountain Park parking area. Staff does not foresee conflicts
with parking in the Town owned parking lot due to the limited schedule of the market. On -street
parking will not be permitted.
Due to the proximity of the proposed open-air market to El Lago Blvd. and the access drive aisle to
the west, staff is proposing to stipulate that pedestrian access be delineated by the use of roping
and/or barricades to ensure safe public access to the site. This should restrict pedestrian access to
adjacent drive aisles at centralized locations.
The proposed location of the market is on a graded lot, where dust control surfacing (2"
decomposed granite) has been provided. The applicant is required to provide on -site trash
receptacles during each event.
In the event that vertical structures, such as canopies or membrane type structures are requested,
future administrative approval will be required. All temporary structures must conform to the
minimum required building setbacks and all other applicable regulations of the "TCC" Zoning
District in which it is located.
Staff has not received letters of protest at this time. Staff believes that this use is appropriate for
this location.
RECOMMENDATION:
Staff recommends approval of this Temporary Use Permit with the following stipulations:
1) The applicant shall provide designated pedestrian access by the use of roping and
barricades or similar methods, to be approved by Town staff, prior to public access.
2) All signage shall be administratively approved by separate permit.
3) The open-air market shall be open to the public between the hours of 9 A.M. and 3 P.M.,
each Tuesday.
4) In the event that vertical structures, such as canopies or membrane type structures are
requested, administrative approval is required. All temporary structures must conform to
the minimum required building setbacks of the "TCC" Zoning District.
5) Obtain all necessary approvals and permits from Maricopa County Health Department
prior to operation.
6) Approval of this temporary use permit shall be for one year with the opportunity for an
extension by Town Council.
7) This temporary use permit is non -transferable and shall become null and void with the
issuance of a building permit for a permanent structure for the same location.
8) At time of business license application, each vendor shall provide written consent from the
property owner to locate on the site.
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT I ForCaseOM'a ManUse
ager: Only
Fountain Hills, Arizona
GENERAL APPLICATION-
✓ Temporary Use Permit Grand Opening Sign Permit
Continuance Request (Maximum 14 Days)
Administrator's Interpretation or Appeal
NATURE OF THE REQUEST:
Grclani"zed �0.rrY�P�S n�dCKet eCcCh TkESd r —CkE rV�Utiles}, �,�Y� CI 00Cx r��
DURATION REQUESTED (Temporary Use or Grand Opening):
From - Sanuar� ail, zC�3 10 Sctnuary
PROJECT NAME tea; Mars �1�ac�cE� cat
LEGAL DESCRIPTION
Plat Name Block Lot
PROPERTY ADDRESS 1 a (c Ll 5 k) . J3c, Ua rn \ �1i. --finis ny'Z)k !A i \\5 A Z
�- Mrs. Applicant: ��`r'as �� �z 0.Kc-40 Day Phone
Mr.
Ms. Address: City: State: Z� 7— Zip:
Mrs. Owner: Day Phone yL6]Q-?--2Z3
Mr.
Ms. Address: City: State: Zip:
a
If application is being submitted by someone other than the owner of the property under consideration, the .section below
must be completed.
G
SIGNATURE OF OW DATE
I HEREBY AUTHORIZE LvW-CA-s �o TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of 19
J
Notary Public My Commission Expires
FILING DATE: ' ' FEE PAID: C' ` ` ACCEPTEDBY: ! } ,,Cw I
(See Fee Schedule)
General Application
Page 1 of 3 J Case Number
Flamo for FLAZA FOUNTAINSIDE
OFEN Alfa MARKET
REQUEST FOR OPEN AIR MARKET AT THE PLAZA FOUNTAIN5IDE
TO BE HELD WEEKLY ON TUE5DAY5 STARTING 1/14/03 THRU 04/03.
A L15T OF PARTICIPANTS 15 ATTACHED. THEY WILL BE SET UP IN ROWS
UNDER CANOPIED BOOTHS, SEE ATTACHED SKETCH.
RESPECTFULLY SUBMITTED BY LORA5 KOTZ
12220 N. TEAL DRIVE
FOUNTAIN HILLS, AZ
480-837-8997
Alpine Almonds John Teuber (cell#(602) 418-4523)
Atlantic Salmon Kenny Oshbacher (602) 286-9233
Breads,bakes desserts. cookies Monique/Marty Lightner (480) 585-8639
Beehive Candles Jen/Darian (866)411-9900
Bertas Burritos — Roberta (602) 787-0787
Blue Sky Farms David Voss (623)853-1424
Candy Apples Steve or Dana (602) 493-5032
DeCio Pasta Hazel (mother) Scott (son) (480) 456-1080
Desert Roots Backyard Herbs Kelly Saxter (480) 515-5453
Events by First Rose (480) 507-9331
Exotic Floral Designs Rita Picone (602) 867-1718
Gourmet Chololates Kathy McCarthy (480) 239-3903
Herbal Salves Nathaniel Davis (480) 456-1759
Lasan Teas — Sue Lybeck (602) 493-9297
Lebanese desserts Baklava
LiL Sunshine Soaps/Cards Diane Tagg (480) 837-8152
Molly's Tamales Molly (623) 878-1815
Musician Brett James Philipps (623) 580-0426
Rohs Fudge Lowell Rohs (480) 585-2825
Schambach Maple Products Frank Schambach (623) 869-0523
Sconces/ Barbara (623) 879-9236
Sheridans graphics Sherry Lee (480) 496-8213
Southwest Chilies Tracy Mescha (602) 770-3150
Soy Nuts Shirley & Morris Weisman (480) 836-8320
Spice Bazaar Mary Karadsheh (480) 874-8841
Sulfur Springs Lavender Products Rita (602) 867-1718
Sunrider Products — Stephanie Cantu (602) 410-2929
Tanita Farms (602) 999-0297
Topiaries Living Sculptures (928) 632-4935
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Town of Fountain Hills
Council Action
Meeting Date: Agenda Item #(s) 7
Public Hearing began: am/pm
?ublic Hearing ended: am/pm
�\ 1 r 3 1 ,u c -fix ", o L� 5 o F
Motion: '�1�' wo— u-^+;1 4+,LreSo)out
Second: IX 4 -k, 1-4 f"1 0-IN1"+ -0, a- 1 OLJ
Roll Call Aye Nay Z I •iAI -
Archambault
Beydler, Mayor
Fraverd, Vice Mayor
Kavanagh
Melendez
Nicola
RalDhe
Action Taken:
Approved Denied
a ed Date:
Continued Date:
Amendment:
0 i<-
del •l" O c . r c
Second:
"?
Roll Gall Aye Nay
Archambault
Beydler, Mayor
Fraverd, Vice Mayor
avana h
Melendez
Nicola
RalDhe
Action: t
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Post Council Meeting Notes:
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent;❑ Regular:®
Meeting Date: 1/16/03
Contact Person Tim Pickering
Requesting Action:®
Tvne of Document Needing Annroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Update
Council Prioritv (Check ADDronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:[]
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: UPDATE on the recent budget reductions including: how the steps taken so far
have impacted town services, what solutions have been identified to handle any situations that had risen from the
changes; and a projection on how much money would be saved in the current fiscal year.
Staff Recommendation: Fiscal Impact: Yes $estimated as decribed in report
Purpose of Item and Background Information: Town Manager Pickering will update the Council on the
Town's budget reduction activities to date.
List All Attachments as Follows: memo from Town Manager
Type(s) of Presentation: oral
Signatures of Submitting Staff:
Department Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
Office of Town Manager
INTER OFFICE MEMO
TO: Honorable Mayor Beydler and Town
DT: January 10, 2003
Councilmembers
FR: Tim Pickering, Town Manager
RE: Update on Budget Reduction Plan
At the last Council meeting, the Council requested a short update on how the budget reduction
plan is moving forward.
Following are the major steps that have been taken:
• Reduction of Full Time Employees (FTE) — We have received great response to our
offer of severance packages to those targeted employees. As of Thursday, January 9`h,
the Town has received thirteen volunteers for resignation. Two volunteers were
Directors of the Community Development Dept. and the Community Center. Volunteers
whose positions can be eliminated received three-month severance, 50% sick pay, and
100% vacation pay. We received five volunteer resignations from our dispatchers, but
none from any Marshals. Marshal reductions may be complicated by previous or
upcoming grant requirements. We are checking with the Justice Department to ensure
compliance with all grant requirements. Administration has not finalized their personnel
reductions as of this date, although the I/T Manager has volunteered and resigned.
• Combining Departments — The Parks and Community Center department combination
is moving forward. The Parks and Recreation Director will oversee all operations and
Parks will occupy a less -utilized room at the Community Center as their headquarters.
This move allows for a reduction in management and administrative personnel, a
decrease in leased town office space, and offers increased manpower for Community
Center setups. Office cubicles/computer/phones setup cost is approximately $22,000.
This will be paid for with savings from the combination. The staff is also examining the
location of the Public Works/Planning Dept, to potentially further reduce our leased
space. No decision has been reached, nor has the future of the Senior Center been
discussed or decided.
The Public Works and Community Development Departments combination has yielded
more savings than anticipated. An additional executive assistant position could be
eliminated. Three planners have been reduced to two planners and the Department
Director has resigned. The Public Works Director is now heading both departments. We
may look at funding a Downtown/ED position with downtown sales tax funds
• Staff is preparing a request to the Maricopa County Sheriff's Office to decrease our
annual contract price by $184,929, by reducing our late night coverage.
• As dispatchers resign, the County is assuming dispatching duties. Before the end of
2002, the County assumed all late night dispatching with no complications. We are
hopeful to have radios purchased and dispatching operations transferred by February.
• Park related expense reductions — Mowing, reseeding, and irrigation frequency has been
reduced. Fountain Park fountain spray time has been reduced to 10 minutes vs. 15
minutes each hour of operation.
• Public Works related expense reductions — Wash cleanup stopped. Street sweeping and
crack sealing reduced. Staff is working with the consulting engineer on the reduction of
Shea Blvd. bike lane funding. The Town plans to use an $83,000 donation from MCO to
pay our portion to ADOT and remaining engineering fees. The bike lane on the north side
of Shea Blvd. has been eliminated. The consulting engineer is currently evaluating
estimated costs necessary to complete the bike lane south of Shea Blvd. and median
work. Updates will be provided to you as they are received.
• Tourism funding has been cut.
IMPACT ON TOWN SERVICE
Measuring the impact of the above cuts is difficult, as reductions have not been in effect for any
length of time. Staff is carefully monitoring key measurements; i.e. time to process building
permits, crime statistics, community center profitability, etc. Until some of the adjustments are
implemented for a longer period of time, the impact on services may be difficult to accurately
measure. I would like to initiate more measurements of success.
DOLLARS SAVED
If fully implemented, the budget reduction plan would save approximately $2M for the general
fund in the upcoming fiscal year. Staff is still working to determine accurate estimates for current
fiscal year savings. We hope to have a "ballpark" estimate before our Council meeting.
cc: Julie Ghetti
Cassie Hansen
Tpickering/ElStein//Tim Pickering/updateonbudgetreductionplan.doc/011003
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Town of Fountain Hills
Town Council Agenda Action Form
ieutg`pe Regular Meeting Meeting Date:; 1/16/03
Suatru n arfinenf� Town Manager
Corntact'Perrso�
g
Con"ff—1 Regular: Requesting Action:,®
Tie' dinSAnArovl f CheGk all that app1Y)
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Report
Council Priority fChec1�0 �ate Areas):
❑ Education ❑ Public Fitness
❑ Public Safety ® Community Activities
❑ Public Works ❑ Human Service Needs
❑ Town Elections ❑ Community Development
Tim Pickering
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Re' aiA"' "nd' 1W ing: REPORT on three revenue sources cited in the manager's memo dated December
11, 2002 to provide the Council with more details on the options that include: the elimination of sales tax
exemptions; the increase of permit, license and user fees; and the placement of a utility franchise fee on the ballot.
Approve Fiscal Impact: Yes $estimated as decribed in report
rpose of Item and Background Information: As requested at the last Council meeting, Town Manager
Pickering will report on the revenue enhancement options as outlined in his December 11, 2002 memo to the
Council.
L1stfA �ts��is"Follow`sr memo from Accounting Supervisor
oral
Department Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Mr. Timothy Pickering, Town Manager
DT: January 10, 2003
FR: Julie A. Ghetti, Accounting Supervisor
RE: Additional Revenue Options
Administration
The Council has requested additional information on the revenue enhancements as outlined in
your memo of December 11, 2002; hopefully the following will assist the Council in their
discussions.
Option 2: Eliminate Sales Tax Exemptions
The Town of Fountain Hills adopted the Model City Tax Code (MCTC) when the local sales tax
was implemented in 1995. The MCTC allows cities and towns to select which items will be
taxed or exempt from the tax. Fountain Hills opted to include advertising but at a zero percent
rate, and exempted residential rentals and health spa memberships. By ordinance .the Council
can change the rate on advertising which will become effective the first of the month following
60 days notification to the Arizona Department of Revenue. If the rate were changed to 1.6% the
Town could receive an additional $200,000 to $300,000 per year in revenue. This rate change
will affect advertising revenues to the income of publishers. Statewide newspaper advertising
revenue, included in the publishing tax, will be allocated to Fountain Hills based on circulation
within the Town. Additional business affected are telephone directories, local newspapers,
magazines, billboards, and other periodicals. Currently there are only 12 cities in Arizona that
exempt advertising.
When the Town adopted the Model City Tax Code one of the options (H) exempts privilege tax
on health spas, fitness centers, dance studios and other businesses who charge for the use of their
premises. The Council can amend the option to include tax on the membership fees (does not
apply to hair salons). Approximate additional revenue would be $20,000 per year. Currently 32
cites in Arizona tax membership fees.
Option S of the Model City Tax code exempts residential rental units from the privilege tax.
Eliminating this exemption would impose tax on landlords renting homes or apartments if they
have three or more units available within the State. Individuals who rent on a casual basis (less
than 3 units) are not affected. The revenue impact is estimated to be an additional $75,000 at the
1.6% rate. Currently 22 cities in Arizona tax residential rentals.
Page 2
`%W
Option 4: Increasing Permits. Licenses and User Fees
The Building Safety department has drafted an ordinance that would increase the building permit
fees on single family residences and duplexes from $0.67/square foot to $0.75/square foot. The
average size home that is currently being built is approximately 3,500 square feet including the
garage and patio/porch; the average increase in permit fee per residential unit is $432 if the new
fees are adopted. If approved the building permit rate would still be less than Cave Creek,
Carefree and Paradise Valley. The additional revenue to the Town is approximately $45,000 and
would require Council approval.
By increasing the Animal License Fees by $5.00 per license the Town could receive an
additional $14,000. This would require Council resolution.
Another revenue source for the Town is the imposition of fees for miscellaneous services that are
currently provided at minimal or no charge to all residents. Those are notary services,
fingerprinting, council packet subscriptions (does not refer to media, council or staff),
photocopies, etc. An estimate of increased revenue is approximately $3,500 per year.
Under the Town business license ordinance the Town currently does not charge a separate liquor
license application fee. Scottsdale, Glendale, Peoria, Gilbert, and Avondale charge anywhere
,from $400 to $1,200 for bars, restaurants, liquor stores, etc. If the Council wishes to consider
imposing a fee for liquor license applications; transfers, extension of premise permits, etc. the
Town could receive an additional $12,0.00 - $15,000 in revenue.
The City of Scottsdale and Town of Gilbert charge a commercial refuse license fee for trash
haulers who do business in their city/town. The Town of Fountain Hills currently has three
licensed trash haulers who operate within the community. If the Town were to adopt the
commercial license refuse fee an additional $10,000 could be received.
The Community Center will be proposing new rental rates that would increase revenue by
approximately $54,000 per year.
Option 5: Place Utility Franchise Fee on Ballot
Cities and towns are given exclusive control over all rights -of -way dedicated to the municipality.
Many cities and towns in Arizona have granted franchises to natural gas and water companies
and utilities to place lines underground within the public right-of-way. In conjunction with this
franchise, a franchise tax can be charged by the municipality. There is no specific amount or
limitation in State law, however, according to the League of Arizona Cities and Towns the
traditional amount for a franchise tax has been two percent of gross proceeds from the sale of
M.
Page 3
utility services within the city of town. The utilities typically pass this fee on to the customers.
To grant a franchise, the Town must place the question before the voters of the community for
approval. State law also limits the term of a franchise agreement to a maximum of twenty-five
years. If the voters approve a franchise tax rate of 5% the Town could receive approximately
$350,000 annually.
Other Tax Increases
Fountain Hills also has the option to increase the tax rate on specific industry classes,
telecommunications for example. Several cities in Arizona (8) currently charge a higher tax rate
on communication providers (Qwest, cellular phones, etc.). Currently there are 10 cities/towns
which charge a higher rate on restaurants and bars. Increasing the tax on these two business
classifications would bring in an additional $100,000 to $300,000 depending on the rate enacted.
A summary of the revenue enhancements is attached for your. reference. If you would like any
further information please do not hesitate to see me.
Attach.
\\earth\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc
TOWN OF FOUNTAIN HILLS
1%01 OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Mr. Timothy Pickering, Town Manager
DT: January 13, 2003
FR: Julie A. Ghetti, Accountin Supervisor
Administration
RE: Additional Revenue Options
A summary of the revenue enhancements is attached and should have been included with the
memorandum distributed to the council on Friday, January 10, 2003 (agenda item #8). If you
would like any further information please do not hesitate to see me.
Attach.
\\earth\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc
TOWN OF FOUNTAIN HILLS
PROPOSED REVENUE ENHANCEMENTS
OPTION CURRENT PROPOSED ANNUAL EFFECTIVE ACTION
RATE RATE INCREASE DATE REQUIRED
IN REVENUE
Tax
0.0%
1.6%
$250,000
May 1, 2003
Council
Advertising
Ordinance
Health Spa
0.0%
1.6%
$ 20,000
May 1, 2003
Council
Membership
Ordinance
Residential
0.0%
1.6%
$ 75,000
May 1, 2003
Council
Rentals
Ordinance
Increase
$0.67/sq
$0.75/sq.
$ 45,000*
July 1, 2003
Council
Building
foot
foot
(based on avg.
Ordinance
Permit Fees
square feet
SFR)
Increase
$7/$15
$12/$20
$ 14,000
July 1, 2003
Ordinance
Animal
License Fees
Utility
0.0%
5.0%
$350,000
July 1, 2003
Voter
Franchise Fee
approval
required
Misc. Fees
$0.00
$2 - $5
$ 3,500
July 1, 2003
Implemented
(notary,
by Staff
alarms, etc.)
Impose Liquor
$0.00
$1,200
$12,000
July 1, 2003
Council
License Fees
Ordinance
Commercial
$0.00
$500 per
$10,000
July 1, 2003
Council
Refuse Fee
application/
Ordinance
$3,000annual
TOTAL
$779,500
PROPOSED
Town of Fountain Hills
Council Action
Meeting Date: H tr— O Agenda Item #(s) ! v
Public Hearing began: am/pm
'ublic Hearing ended: am/pm
Ord o3-O(
t. -� cn« .
ors ,cnc4--t-
Motion:
K-
Second:°:.
K PIN
Roll Call Aye Nay �(,�� ,,, ,c % �rr,ou & �(0
Archambault .d
�� o
Beydler, Mayor
Fraverd, Vice Mayor Action Taken:
roved Denied
Kavanagh (4a
Melendez Date:
Nicola Continued Date:
Ralphe
" n~
Amendment:
S
Second:
'Ltj
Roll Call
Aye
Nay
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Archambault
Beydler,
Mayor
;
Fraverd,
Vice Mayor
avana h
Melendez
I X
Nicola
x
I I I
Action Taken:
n 3na Approved Denied
)ndez Tabled Date:
la Continued Date:
the
J y -6 a d i a A Ay" t C ell'
�I- co{►t c�1; ,�, o k a t.-�, o ( �c� {-� -{-tom �c • �f
ion: ` r "Post Council Meeting Notes:
Act
Copy/Distribute/Follow-up
File
'ublish
Recordation
Staff Direction
Signatures
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent:❑ Regular:®
Meeting Date: 1/16/03
Contact Person: Tim Pickering
Requesting Action:®
Type of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check ADDroDriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
® Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of ORDINANCE 03-01 relating to the privilege license tax;
amending the Town Code by increasing the rate of taxation from one and six -tenths percent (1.6%) to two and
sixth -tenths percent (2.6%) providing penalties for the violation thereof; providing for severability; designating an
effective date and providing for application of tax to certain contract.
Staff Recommendation: Approve Fiscal Impact: Yes
Purpose of Item and Background Information: Consideration to initiate a temporary increase in local sales tax
of 1.0%.
List All Attachments as Follows: Ordinance 03-01
Type(s) of Presentation: oral
Signatures of Submitting Staff:
Department Head Budget Review
�_— (if item not budgeted or exceeds budget amount)
Aa-� 3
Town Manager / Designee
ORDINANCE NO.03-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE
TAX; AMENDING THE TOWN TAX CODE BY INCREASING THE RATE OF
TAXATION FROM ONE AND SIX TENTHS PERCENT (1.6%) TO TWO AND
SIX TENTHS PERCENT (2.6%); PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY; DESIGNATING AN EFFECTIVE DATE AND PROVIDING FOR
APPLICATION OF THE TAX TO CERTAIN CONTRACTS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA:
Section 1. That the tax rate in each of the following sections of the Town Tax Code is hereby set
at two and six -tenths percent (2.6%):
Section 8A-410
Section 8A-415
Section 8A-416
Section 8A-417
Section 8A-425
Section 8A-427
Section 8A-430
Section 8A-435
Section 8A-444
Section 8A-445
Section 8A-450
Section 8A-455
Section 8A-460
Section 8A-470
Section 8A-475
Section 8A-480
Section 8A-610
Amusements, exhibitions, and similar activities.
Construction contracting: construction contractors.
Construction contracting: speculative builders.
Construction contracting: owner -builders who are not speculative
builders.
Job printing.
Manufactured buildings
Timbering and other extraction.
Publishing and periodicals distribution.
Hotels.
Rental, leasing, and licensing for use of real property.
Rental, leasing, and licensing for use of tangible personal property.
Restaurants and Bars
Retail sales: measure of tax; burden of proof; exclusions.
Telecommunications Services
Transporting for hire.
Utility services.
Use tax: imposition of tax; presumption
Section 2. Any person found guilty of violating any provision of this Ordinance shall be guilty
of a class 1 misdemeanor.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
9196.001\.Sales Tax.03.ord.v4.doc
1-27-03-1
Section 4. By reason of the urgent need to provide funding for critical Town services the
immediate operation of the provisions of this Ordinance is necessary for the preservation of the public
peace, health and safety, and an emergency is hereby declared to exist. This Ordinance will be in full
force and effect immediately upon passage and adoption and it is so enacted.
Section 5. The increase in tax rate provided herein shall become effective on April 1, 2003, and
shall remain in full force and effect only until such time as earlier to occur of (i) formation of a fire
district that provides fire and emergency medical services to the entire incorporated area of the Town of
Fountain Hills and the levy and collection of a secondary property tax by said district to fund such fire
and emergency medical services or (ii) approval of a primary property tax by the qualified electors of the
Town of Fountain Hills at the special election on May 20, 2003, and the levy and collection thereof.
Section 6. The additional tax imposed pursuant to this Ordinance shall not apply to contracts
entered into prior to the effective date of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
January 16, 2003.
FOR THE TOWN OF FOUNTAIN HILLS:
9196.001\.Sales Tax.03.ord.v4.doc
1-27-03-1
2
ATTEST:
r
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
t
Andrew J. cGuire, Town Attorney
ORDINANCE NO.03-01
`�.. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TO OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE CENSE
TAX; AMENDING THE TOWN TAX CODE BY INCREASING T RATE OF
TAXATION FROM ONE AND SIX TENTHS PERCENT (1.6%) O TWO AND
SIX TENTHS PERCENT (2.6 % ); PROVIDING PENAL S FOR THE
VIOLATION THEREOF; PROVIDING FOR SEVERABILIT ;DECLARING AN
EMERGENCY; DESIGNATING AN EFFECTIVE DATE D PROVIDING FOR
APPLICATION OF THE TAX TO CERTAIN CONTRA S.
BE IT ORDAINED BY THE MAYOR AND COLTl�IL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA: /
Section 1. That the tax rate in each of the following sections of the Town Tax Code is hereby set
at two and six -tenths percent (2.6%):
Section 8A-410
Amusements, exhibitions, and similar activities.
Section 8A-415
Construction contracting: construction contractors.
Section 8A-416
Construction contracting: speculative builders.
Section 8A-417
Construction contracting: owner -builders who are not speculative
builders.
Section 8A-425 Job printing.
Section 8A-427 Manufactured buildings
Section 8A-430 Timbering and other extraction.
Section 8A-435 Publishing and periodicals distribution.
Section 8A-444 Hotels.
Section 8A-450 Rental, leasing, and licensing for use of tangible personal property.
Section 8A-455 Restaurants and Bars
Section 8A-460 Retail sales: measure of tax; burden of proof; exclusions.
Section 8A-470 Telecommunications Services
Section 8A-475 Transporting for hire.
Section 8A-480 Utility services.
Section 8A-610 Use tax: imposition of tax; presumption
Section 2. Any person found guilty of violating any provision of this Ordinance shall be guilty
of a class 1 misdemeanor.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
9196.001\Sales Tax.03.ord.v4.doc
1-27-03-1
Town of Fountain Hills
Council Action
Meeting Date: II — I U- 0 3
Public Hearing began: am/pm
.'ublic Hearing ended: am/pm
Motion:
L 5
Second:
S (L
Roll Call
Aye
Archambault
Beydler,
Mayor
Fraverd,
Vice Mayor
Kavanagh
Melendez
Nicola
Rabhe
Amendment: (
J k
Second:
l
Roll Call
Aye
Na
Archambault
Beydler,
Mayor
Fraverd,
Vice Mayor
avana h
Melendez
Nicola
Ralphe
40
Amendment: IL-
4+.,
Second: rj
; IM^
Roll Call
Aye
Na
Archambault
X.
Beydler,
Mayor
Fraverd,
Vice Mayor
Kavanagh
Melendez
Nicola
Ralohe
Action
ollow-up
(File
'ublish
Recordation
Staff Direction
Signatures
Agenda Item #(s) ( (
VV � _ " 4-" .( car, to 3
-7,,D
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
a.V
Action Taken:
Approved Denied
Tabled Date:
•� Continued Date:
Action Taken:
Approved Denied
Tabled Date:
Continued Date:
Post Council Meetinq Notes:
rs 4'
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting
Subihito DepTown Manager
Consent:❑ Regular:®
Meeting) Date. 1 / 16/03
Contact Person: Tim Pickering
TvikHof-Document-N"iii`-Auurova!l ` ek alf that' ppl
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Word ne: Consideration of RESOLUTION 2003-03 designating the election date and
purposes of the election; designating the deadline for voter registration; and submitting to the qualified electors of
the Town of Fountain Hills, Arizona, the question of authorizing the Town to levy primary property taxes and
declaring an emergency. The emergency clause is necessary to make the resolution effective immediately and
�w meet the statutory deadlines for the election process.
Approve FiscalImpaet: Yes
Purpose ofltem an&,RWtkround'Information Consideration to place a ballot for primary property tax,
exclusively for fire and emergency services protection in the initial amount of $3,000,000, in the May 20, 2003
special election.
List All Attachments as Follows: Resolution 2003-03
oral
Department Head
/-/d-0 j
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
RESOLUTION NO.2003-03
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, SUBMITTING TO THE QUALIFIED
ELECTORS OF THE TOWN THE QUESTION OF AUTHORIZING
THE TOWN TO LEVY PRIMARY PROPERTY TAXES; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Fountain Hills, Arizona (the "Town") has never levied
primary property taxes; and
WHEREAS, ARiz. REv. STAT. § 42-17056 requires that to establish a primary property
tax, a city or town must present the proposed levy to the voters at an election on the third
Tuesday in May in order to levy such taxes in fiscal year 2003-2004. Therefore, May 20, 2003 is
the date available this calendar year for holding a Special Election in the Town of Fountain Hills
for the purpose of establishing a primary property tax; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Council") has
determined that (i) the Town is currently implementing budget cuts caused, in large part, by the
necessity of funding fire protection and emergency medical services without an additional
funding source and (ii) it will be necessary to levy primary property taxes commencing in fiscal
year 2003-2004, and later fiscal years, to defray the Town's added costs of providing fire
protection and emergency medical services; and
WHEREAS, the Council desires to submit the question of authorizing the levy of
primary property taxes to the qualified electors of the Town at an election to be held on May 20,
2003.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
Section 1. That, at the election to be held in and for the Town of Fountain Hills,
Arizona, on May 20, 2003, the question of whether a property tax in the initial amount of
$2,600,000.00 shall be levied within the Town shall be submitted to the qualified electors of the
Town.
Section 2. That the Town Clerk is hereby directed to cause the preparation and
distribution of an information pamphlet and sample ballot. The officers of the Town are hereby
authorized and directed to prepare and deliver, or cause to be prepared and delivered to the Town
Clerk, the information necessary or appropriate for completing such information pamphlet,
including, without limitation (i) the estimated tax rate impact on an average owner/occupied
residence and commercial and industrial property, (ii) an introductory statement on behalf of the
Town and (iii) a statement for which the primary property taxes are to be levied.
9196.001\Pmp. Tm.03.v3.doc
1-29-03-1
1
Section 3. Notice of the action and of the questions to be presented at the election
shall be given by causing the information pamphlet to be mailed, in the manner required by law,
to the residence of each registered voter of the Town, as shown on the general county register.
The Town Clerk is hereby authorized and directed to cause the information pamphlet to be
prepared and mailed as required by law.
Section 4. County registration and voting lists will be used for the Special Election. In
order to be qualified to vote at the Special Election, individuals must be registered by April 21,
2003.
Section 5. That, if approved by the qualified electors of the Town at the Special
Election on May 20, 2003, the property tax shall remain in full force and effect only until such
time as (i) a fire district is formed that provides fire and emergency medical services to the entire
incorporated area of the Town and (ii) such fire district levies a secondary property tax to fund
fire and emergency medical services.
Section 6. By reason of the urgent need for the preparation of the information
pamphlet, the immediate operation of the provisions of this resolution is necessary for the
preservation of the public peace, health and safety, and an emergency is hereby declared to exist.
This Resolution will be in full force and effect immediately upon passage and adoption and it is
so enacted.
PASSED AND APPROVED by the Mayor and Council of the Town of Fountain Hills,
Arizona, on January 16, 2003.
Cassie B. Hansen, Town Clerk
APPR VED AS TO FORM:
'4' A RL —,
Andrew J. McGuire, Town Attorney
9196.001\Pmp. Tm.03A.doc
1-29-03-1
2
{� CERTIFICATION
I hereby certify that the foregoing Resolution No. 2003-03 was duly passed and adopted
by the Mayor and Council of the Town of Fountain Hills, Arizona, at a meeting held on January
16, 2003, and the vote was seven (7) ayes and zero (0) nays and that the Mayor and six Council
members were present and voting. �4
Cassie B. Hansen, Town Clerk
9196.001\P op. Tm.03.0.doc
1-29-03-1
`.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Meeting Date: 1/16/03
Contact Person: Tim Pickering
Consent:❑ Regular:® Requesting Action:;®
Tvne of Document Needing Annroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Debriefing
Council Prioritv (Check ADDronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural
strengths and weaknesses and discuss possible improvements for future meetings.
Staff Recommendation: Approve Fiscal Impact: No $0
_Purpose of Item and Background Information: As suggested in the recent Town retreat, Councilmembers will
conduct a debriefing to assess the council meeting's protocol/procedures and make suggestions for future
improvements.
List All Attachments as Follows: none
Type(s) of Presentation: oral
Signatures' of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
lM%I) LuuncAl `leeung—January 16, 2003
Name
Address
City/Town
(Comments
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t1AIa0Oq j I 0 gRv/1 ('Wn%CtL
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Thank you for participating in your Town government. Your comments are an important and valuable part
of the process.
(Please see reverse)
7
°N i? Town of Fountain Hills
Agenda Item No.
0
off.
REQUEST TO SPEAK CARD
Town Council Meeting — January 16. 2003
Name
Address
City/Town
Comments TrLrL L i WGJ�,Q t-) 1,1,(C TG
rLl P'TIV(S '(G i�a5<ifL� Tz Mfr'
Thank you for participating in your Town government. Your comments are an important and valuable part
of the process.
/P/... - ---- -`
MN Town of Fountain Hills
0
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WQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
Name
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Agenda Item N��
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Comments ZF 'JOT ?72ctiT1r1TV j�'?
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(Please see reverse)
Name
Address
City/Town
Comments
Town of Fountain Hills
REQUEST TO SPEAK CARD
Town Council Meeting -January 16, 2003
Agenda Item No.
nM.!<IVIa% 1 oN LAp
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of the process.
(Please see reverse)
Town of Fountain Hills
REQUEST TO SPEAK CARD
Agenda Item No.
7
Town CounciII Meeting - January 16, 2003
Na >� I )2`>a� Jet..( r �
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City/Town M,5 sly A 7- -
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of the process.
• �o 1, , ?� Town of Fountain Hills Agenda Item N !H��
_;. wN
REQUEST TO SPEAK CARD
Town Council Meeting - January 16, 2003
Name
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City/Town
Comments ='` 110T .?%vim-_-W jr1l
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of the process.
(Please see reverse)
Town of Fountain Hills Agenda Item No.
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REQUEST TO SPEAK CARD
Town Council Meeting - January 16, 2003
dress
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Town Of Fountain H111S Agenda Item No. /
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REQUEST TO SPEAK CARD
Town-Cluncil Meeting - January 16, 2003
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Name gL,c9.e(� Z.! e-TVC-
Address '(o G' '�)Q.
City/Town F c, 774 dal,
Comments
Thank you for participating in your Town government. Your comments are an important and valuable part
of the process.
(Please see reverse)
Town of Fountain Hills
REOUEST TO SPFAK CARD
Town Council Meeting — January 16. 2nna
Name
Address
City/Towr
Comments
Town of Fountain Hills
-F
�0"a• REQUEST TO SPEAK CARD
Name
Address
City/Town
Comments
Town Council Meeting — January 16, 2003
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Agenda Item No.
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Agenda Item NI
Town of Fountain Hills Agenda ltem 1
REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
Name 4}a, c.nn1z>4%,-,k
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City/Town a�
Comments
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Town of Fountain Hills
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REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
Name �.arnm r C a" i rf c I YYi [� �—
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Agenda Item No. T
Address 1
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Comments ra V' y r
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o°per Town of Fountain Hills Agenda Item No. /
REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
Name ! f1r�fJ�yN /riGCL�c?t
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City/Town
Comments ��veT
Thank you for participating in your Town government. Your comments are an important and valuable part
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Town of Fountain Hills
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°''"`�' REQUEST TO SPEAK CARD
Town Council Meeting — January 16. 2003
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Comments
Agenda Item No.
Thank you for participating in your Town government. Your comments are an important and valuable part
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o°N& Town of Fountain Hills
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REOUEST TO SPEAK CARD
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Town Council Meeting — January 16, 2003
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Town of Fountain Hills
I
REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
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Comments
Agenda Item No.
c.
Agenda Item No.
Thank you for participating in your Town government. Your comments are an important and valuable part
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°J� Town of Fountain Hills
R�UEST TO SPEAK CARD
Town Council Meeting - January t A .,,,..
40 Town of Fountain Hills
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REQUEST TO SPEAK CARD
Name
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City/Town
Town Council Meeting - January 16, 2003
Agenda Item No. `I
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Thank you for participating in your Town government. Your comments are an important and valuable part
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Town of Fountain lulls
REQUEST TO SPEAK CARD
Town Council Meeting - January 16, 2003
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of the process.
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Town Council Meeting -January 16, 2003
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Town of Fountain Hills
REQUEST TO SPEAK CARD
Town Council Meeting - January 16, 2003
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Comments
Agenda item No.
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o°i S, & Town of Fountain Hills Agenda Item No.
REQUEST TO SPEAK CARD
own Council Meeting - January 16, 2003
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ur our comments are an important and valuable part
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Ac 00EN1''IUJYPAVCARD
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Thank you for participating in your Town government. Your comments are an important and jai , ti� _ __
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Town of Fountain Hills Agenda Item No.
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Town Council Meeting — January 16. 2003
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Town of Fountain Hills Agenda Item No.
'0Chui, ' REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
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Town of Fountain Hills Agenda Item No.
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Town Council Meeting — January 16, 2003
Name LAUX1-t— \(n4S6w4
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Town Council Meeting — January 16, 2003
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Town of Fountain Hills
REQUEST TO SPEAK CARD
A Town Couunncil Meeting — January 16, 2003
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Agenda Item No.
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REO JEST TO SPEAK CARD
Town Council Meeting —January 16, 2003
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Agenda Item No.
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Town Council Meeting — January 16, 2003
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Comments
Thank you for participating in your Town government. Your comments are an important and valuable part
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Town of Fountain Hills Agenda Item No. / 5
,bat t, REQUEST TO SPEAK CARD
Town Council Meeting — January 16, 2003
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Thank you for participating in your Town government. Your comments are an important and valuable part
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Town of Fountain Hills Agenda Item No.
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REQUEST TO SPEAK CARD
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Town Council Meeting - January 16, 2003
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Thank you for participating in your Town government. Your comments are an important and valuable part
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