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HomeMy WebLinkAbout2003.0206.TCREM.Packet/'rAIN �1
NOTICE OF REGULAR AND EXECUTIVE
Ilew SESSION OF THE
%� �4o FOUNTAIN HILLS TOWN COUNCIL AND
Fsci� �•
'bat isAs�� "PRE -COUNCIL" MEETING WITH THE PRESS
Mayor Jon Beydler
Councilman Rick Melendez Councilwoman Kathy Nicola
Councilwoman Leesa Stevens Councilman John Kavanagh
Councilman Mike Archambault Vice Mayor Susan Ralphe
WHEN: THURSDAY, FEBRUARY 6, 2003
TIME: 5:00 P.M. TO 6:00 P.M. EXECUTIVE SESSION
6:00 P.M. TO 6:30 P.M. MEETING WITH THE PRESS
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 EAST PALISADES BOULEVARD, BUILDING B
(Executive/Press meetings held in the Building A Teleconference Room)
MAYOR AND COUNCIL MESSAGE TO THE PUBLIC
"Your comments are an important and valuable part of the governmental process and we
welcome your input. Anyone wishing to speak before the Council must fill out a speaker's
card located at the rear of the council chambers and submit it to the recording executive
assistant prior to public discussion of that agenda item. After a motion regarding and
agenda item has been made, seconded, and discussed by the Council, the Mayor will call
each person who has completed a speaker's card for public comment on that issue. At that
time, if you wish to address the Council regarding that issue, pleas stand and approach the
microphone.
Please direct your comments to the Chair and not to other members of the Council or staff.
You will have three minutes to speak from the time you are recognized. During that time,
limit your comments to the specific agenda item at issue, refrain from being repetitive, and
please be respectful when making your comments. If you do not comply with these rules,
you will be asked to leave.
Thank you for participating in your Town government."
RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1/18/90
Please adhere to the following rules of order if you wish to speak:
1.) All citizens wishing to speak must fill out speaker cards and 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.
E:\BBender\Documents\Current Minutes 2003\Regular Session 2-6-03.doc Page 1 of 3 Last printed 2/5/2003 2:56 PM
CALL TO ORDER AND ROLL CALL — Mayor Beydler
1.) Pursuant to A.R.S. §38-431.03.A.4. and A.R.S. §38-431.03.A.3 VOTE TO GO INTO EXECUTIVE
- SESSION FOR: discussions or consultations with designated representatives of the public body in order to
consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real
property. (Specifically, the Council will discuss contract negotiations with respect to the Town Hall lease.), and
discussion or consideration for legal advice with the attorney or attorneys of the public body.
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler
• INVOCATION — Pastor Cory Bran lett, First Baptist Church
• ROLL CALL
• STATEMENT REGARDING MEETING PROTOCOL — Mayor Beydler
• ROTATION OF POSITION OF VICE MAYOR TO SUSAN RALPHE
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 aaenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of January 7, 8, 14, 16, 21 and 23,
2003.
*2.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Bruce
Thulien for the Veterans of Foreign Wars, Post 7507, 15759 Mustang Drive. The request is for a fund raiser
to be held in conjunction with the Great Fair scheduled for February 21 through 23, 2003, from 10:00 a.m.
to 6:00 p.m.
*3.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by American
Legion, Post 58, 16837 E. Parkview Ave. The request is for a fund raiser to be held in conjunction with the
Great Fair scheduled February 21, 22 from 9:00 a.m. to 10 p.m., and February 23, 2003, from 10:00 a.m. to
10:00 P.M.
4.) Consideration of APPOINTING four citizens to the Parks and Recreation Commission to fill the
vacancies caused by expiring terms.
5.) PRESENTATION by SRP of a proclamation to the Town for support over the last 100 years, in
celebration of their centennial celebration (celebrating 100 years of service to the Salt River
Valley).
6.) PRESENTATION of the annual Comprehensive Annual Financial Report by the town's auditor.
7.) PRESENTATION of the Certificate of Recognition for Budget Preparation to Julie Ann Ghetti
for the fiscal year 2002/2003 budget. This distinguished award is given by the Government
Finance Officers Association and is the highest form of recognition in governmental budgeting and
represents a significant achievement by the Town.
8.) PRESENTATION/UPDATE by the Committee to Save Our Community on their progress in
,. pursuing the formation of a new fire district with possible direction from the Council.
E:\BBender\Documents\Current Minutes 2003\Regular Session 2-6-03.doc Page 2 of 3 Last printed 2/5/2003 2:56 PM
9•) PUBLIC HEARING on a request for a Special Use Permit for the expansion of existing facilities
at the Chaparral City Water Company Well #10 site, located on Parcel "A" Well Site, Block 1,
Final Plat 103, north of Palisades Boulevard, east of Fountain Hills Boulevard, and west of Westby
err _ Drive, Case Number SU2002-14.
10.) Consideration of a SPECIAL USE PERMIT for the expansion of existing facilities at the
Chaparral City Water Company Well #10 site, located on Parcel "A" Well Site, Block 1, Final Plat
103, Case Number SU2002-14.
11.) Consideration of ORDINANCE 03-02 extending and increasing the corporate limits of the Town
of Fountain Hills pursuant to the provisions of Arizona Revised Statutes § 9-471.02 and
amendments thereto, annexing thereto certain territory located at the northeast corner of Copper
Wynd drive and Eagle Ridge Drive.
12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
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
agenda.
DATED this 31st day of January, 2003
Bevelyn J. Ben r, Toon 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.
E:\BBender\Documents\Current Minutes 2003\Regular Session 2-6-03.doc Page 3 of 3 fast printed 2/5/2003 2:56 PM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent;® Regular:®
Meeting Date: 02/06/03
Contact Person: Bev Bender
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: Meeting Minutes
Council Prioritv (Check ADDroDriate Areas):
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ 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: *1.) Consideration of APPROVING THE MEETING MINUTES of January
7, 8, 14, 16, 21 and 23, 2003.
Staff Recommendation: Approve Fiscal Impact: No $0
Purpose of Item and Background Information: Approve the minutes for archival purposes.
List All Attachments as Follows: Minutes from the January 7, 8, 14, 16, 21 and 23, 2003 Council meetings.
Type(s) of Presentation: None
Signatures of Submitting Staff:
CI k I
,�.v.n.✓
Department Head
A�&
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: Public Works
Consent:® Regular:[--]
Meeting Date: 2-6-03
Contact Person: Tom Ward
Requesting Action:®
Type of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ® Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of the Special Event Liquor License Application submitted by
American Legion, Post 58, 16837 E. Parkview Ave. The request is for a fund raiser to be held in conjunction with
the Great Fair scheduled February 21, 22 from 9:00 a.m. to 10:00 p.m., and February 23, 2003, from 10:00 a.m. to
10:00 p.m.
Staff Recommendation: Approve Fiscal Impact: No -
Purpose of Item and Background Information: To obtain Council approval for the special event liquor license.
The application is consistent with the event held in conjunction with the Fall Festival last year. There were no
incidents related to this event in the past. The application meets the security requirements, it complies with
statutory and liquor license regulations, and it received a favorable recommendation from the Town Marshal
based on his background investigation. At the manager's request in an attempt to reduce paper, full applications
will not be reproduced for the packets. The front page will be included for representative purposes and the full
application is available for review in the clerk's office.
List All Attachments as Follows: Ward memo; Tate memo; application front page
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
D�rtinent Hea
*4w� �P/Z,�w "4�az
own Man er / Designee
jFCfit�C'ti
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor Beydler and
DT: February 5, 2003
Town Council
FR: Tom Ward, Director of P is W rks
RE: American Legion Special Event
Liquor License
The American Legion Post 58 is requesting Council approval of a special event liquor license for
a fund raising event scheduled for February 21 through 23, 2003. Hours of operation are 9:00
a.m. to 10:00 p.m. on Friday and Saturday and 10:00 a.m. to 10:00 p.m. on Sunday. The event
will be held at the American Legion located at 16837 East Parkview Avenue. This is an annual
event that the American Legion scheduled to coincide with the Great Fair. Although the special
event liquor license is issued by the state, local approval by the Council is required.
Public Works and the Town Marshal have reviewed the application. It is consistent with
previous applications and includes the following provisions:
Security:
• Security guards posted at both entrances to restrict alcohol to the event area
• Security personnel present at all times to prevent liquor law violations
Licensing Compliance:
• Bona fide non-profit, charitable organization
• Applicant is a member and authorized to act on behalf of the qualifying organization
• Within the ten day per year limit (3 days this year including this event)
• At least 25% of the proceeds going to the charitable organization making the application
• Written agreement to suspend the existing Class 14 license during the event
• Does not sell alcohol before 10:00 a.m. on Sunday morning
Background Investigation:
• Favorable recommendation from the Town Marshal (attached)
• No previous infractions to result in denial
Based on incident -free past events, statutory compliance, and the fund-raising nature of the event
that benefits the community, staff recommends approval.
EASpecial Event Liquor License\American Legion February 2003.doc
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MARSHAL
INTER OFFICE MEMO
TO: Tom Ward, Director of Public Works
DT: 02-05-03
FR: Todd Tate, Interim Town Marshal
% T
RE: Liquor License Application —
American Legion
The purpose of this memorandum is to endorse the attached special event liquor license
application and forward the results of my investigation. It is my understanding that this
item will be reviewed by the Council at their meeting on February 6th
I am recommending approval based on the following factors:
The American Legion Post has a valid class 14 (club license) in place at 16837
Parkview. According to the state liquor department, organizations with a class 14
license are permitted up to 10 days per year in which they are eligible for a special
event license allowing public liquor sales. At all other times, the class 14 allows
sales to members and guests only. A review of the record indicates that this will
be the first such request for the calendar year and will bring their total to 3 of the
10 days they are allowed for special events in 2003.
2. During the time frames specified on the permits, the American Legion in effect
suspends their class 14 license and replaces it by the special event permit for those
hours specified. The American Legion officials apparently understand that since
they have included a written statement foregoing their class 14 license during the
special event period.
3. In previous investigations, we have found that the American Legion has met all
the legal requirements under the Arizona Revised Statutes for both a liquor
license and temporary permit. This included covert monitoring by state liquor
agents and overt monitoring by the Marshals Department to ensure compliance
with provisions of the special event license. Nothing has been found which would
prohibit granting of this permit.
Based on the factors outlined above, I recommend approval by the Council on February
6th
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
RECEIVED
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 JAN O 0003 Tucson AZ 85701-1352
(602) 542-5141 o FounrrAi (520) 628-6595
TOWN 04ZPRK
APPLICATION FOR SPECIAL EVENT LICENSE
Fee = $25.00 per day, for 1-10 day events only
A service fee of $25.00 will be charged for all dishonbred checks (A R S 44-6852)
PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL RF. RF.Tf TRivF n
DEPT USE ONLY
**APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC#
l , Name of Organization:
ll J&t ?0 T
2. Non-Profit/I.R.S. Tax Exempt Number: �G - 4 �©,3,/e./I,y
3. The organization is a: (check one box only)
Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years)
❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee
❑ Religious
4. What is the purpose of this event? aJD f}l5E2 / r02 LC6i 10'A� &44PZt 1-1 &-1'
5. Location of the event: Y4� f37 , Aaoeyl�W Ae. Frw11),5 % #,QI e,oM
Address of physical location (Not P.O. Box) City County Zip
►ter iplicant must be a member of the qualifying organization and authorized by an Officer, Director or
Chairperson of the Organization named in Question #1 (Signature required in section #18)
6. Applicant: jjOGt/h1�� �C
c1yv f � %- O -qi
Last First Middle Date of Birth
7. Applicant's Mailing Address: J70S3 e-j9 L46- L CAeo �,,/ ,kc ;&
Street City State Zip
8. Phone Numbers: (5 sd) %- 4(t22—L�5y) R,39► S yse-? (VSD) 9.32- tN-2-7
Site Owner # Applicant's Business # Applicant's Home #
9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday)
R
Date Day of Week Hours from A.M./P.M. To A.M./P.M.
Day 1: - %-0 3 /72/D/+y 9�� 4ni t e
Day 2: ,�-tea- O. 3 SorTLye-b r 4 ` ,q1n
Day 3: g- a3-0 QA) b6- jr _/, c9 t 4Aj
Day 4:
Day 5:
Day 6:
Day 7:
Day 8:
Day 9:
Day 10:
Uc 0106 11rz000
*Disabled ini-iriduals requiring special accommodations, please call (602) 542-9027.
10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked?
❑ YES NO (attach explanation if yes)
11. This organization has been issued a special event license for kys this year, including this event
(not to exceed 10 days per year).
12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES A NO
If yes, attach a copy of the agreement.
13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds.
THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic
Beverage Sales.
Name Address Percentage
tt,�n] �E&ad .S
AjfiS A 3?E. PAkE'!Y/ W 46 FrrJ 44, Pz,.
(Attach additional sheet if necessary)
14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have
any questions regarding the law or this application, please contact the Arizona State Department of Liquor
Licenses and Control for assistance.
NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES."
15. What security and control measures will you take to prevent violations of state liquor laws at this event?
(List type and number of security/police personnel and type of fencing or control barriers if applicable)
# Police ❑ Fencing
# Security personnel ❑ Barriers
16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in which the special event license will be in use? YES ❑ NO
(ATTACH COPY OF AGREEMENT)
Name of Business Phone Number
17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous
liquors under the provisions of your license. The following page it to be used to prepare a diagram of
your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or
other control measures and security positions.
9
Pls rL.AY
GPSE -
Gl.osET'
sEcu2rrY
6u RR-D
ILI)
Cl
krTGH b� O O
Off Ice, � O
ke* r \
�H E�
Glk=jt .
P I IZ"c PLA4c
TINS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF I
ORGANIZATION NAMED IN QUESTION #1
18. I, , declare that I am an Offic/Director/Chairperson appointing the
(Print full name) — I
94
listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor
J"
— UFFICIAL SEAL
DEANNA M. WORKMAN
Notary Public - State of Arizona
MARICOPA COUNTY
My comet, expires Jan. 3, 2000
My Commission expires on:
(Date)
THIS SECTION TO BE COIVIPLET
19. I,
M.
ela6 /l woxeie I— 4-03 14e 837-642,Z
(Title/Posi on) (Date) (Phone 1
State 6f G KO % County of L
The for/egoin Instrument was acknowledged before rAe this
�l day of
ay of Month Month Year
!Z/CSL-
(Signatur of NOTARY PUBLIC)
IN
declare that I am the APPLICANT filing this application as
(Print full name)
as,listed in Question 6. I have read the application and the contents and all.statements are true, correct and
(Signature) Ar SEAL
DEANNA M. WORKMAN
OF Notary Public - State of Arizona
MARICOPA COUNTY
My comm. expires Jan. 3, 2008
My commission expires on:
(Date)
State of County of
The forego W.nstrllment was acknowl4eli before me this
/ -1-A day of ,
1-7
Day 9f Month / Month ' �, Year
Z12 �" V)
(Signature of NOTARY PUBLIC)
You must obtain local government approval. City or County MUST recommend event & complete item
#20. The local city or county jurisdiction may require additional applications to be completed and
additional licensing fees before approval may be granted.
LOCAL GOVERNING BODY APPROVAL SECTION
20. I, /5-`id-fr,yU'n lei-t', hereby recommend this special event application on
(Governihent Official) (Title)
behalf of D _ ' r
1 6r�lr/n ��i l�S
� 6 ll
(City, Town or County) (Sig e p OFFICIAL) (Date)
FOR DLLC DEPARTMENT USE ONLY
Department Comment Section:
(Employee) (Date)
❑ APPROVED ❑ DISAPPROVED BY:
(Title) (Date)
SPECIAL EVENT LICENSED PREN11SES DIAGRAM
(This diagram must be completed with this application)
Special Event Diagram: Show dimensions serving areas and label type olencl p g ( g yp osure and security positions) �.•�
NOTE: Show nearest cross streets, highway, or road if location doesn't have an address.
NT
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Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting Meeting Date: 2/6/03
Admin Contact,Persoon: Hansen
C©asenf® Ilse
tie ai bdeument�I'�tee litr t�i 1( h ck all that anal
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ® Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Annronriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
RetYularAendarWording *2.) Consideration of the SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507, 15759 Mustang Drive.
The request is for a fund raiser to be held in conjunction with the Great Fair scheduled for February 21 through
23, 2003, from 10:00 a.m. to 6:00 p.m.
Staff Ilecornmendation Approve Fiscal Impact: No
Pur'nose:Ult ri and_Baekaon: To obtain Council approval for the special event liquor license.
The application is consistent with the event held in conjunction with the Fall Festival last year. There were no
incidents related to this event in the past. The application meets the security requirements, it complies with
statutory and liquor license regulations, and it received a favorable recommendation from the Town Marshal
based on his background investigation. At the manager's request in an attempt to reduce paper, full applications
will not be reproduced for the packets. The front page will be included for representative purposes and the full
application is available for review in the clerk's office.
T*Pe(s) of Presentation: None
Signatures d�`Subniittin��i
d4��
Department Head
' (/
,,& 1 )
Town Manager / Designee
Hansen memo; Tate memo; application front page
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF THE DIRECTOR OF ADMINISTRATION
MEMO
TO: Honorable Mayor Beydler and
DT: January 29, 2003
Town Council
TH: Tim Pickering, Town Manager
FR: Cassie Hansen
RE: VFW Special Event Liquor License
Director of Administ ation/Town Clerk
The Veterans of Foreign Wars Post 7507 is requesting Council approval of a special event liquor
license for a fund raising event scheduled for February 21 through 23, 2003. Hours of operation are
10:00 a.m. to 6:00 p.m. The event will be held on a portion of Saguaro Boulevard just north of the
Avenue of the Fountains. Since this event is being held in conjunction with the Great Fair, Saguaro
will be closed for three days. Although the special event liquor license is issued by the state, local
approval by the Council is required.
Administration and the Town Marshal have reviewed the application. It is consistent with the
special event liquor license obtained by the VFW during the Fall Festival last year except for the
location. It was moved to improve visibility and access. The application contains the following
provisions:
Security:
o The area will be fenced to control and confine alcohol to the event area
o Security personnel posted at both entrances to restrict alcohol to the event area
o Security personnel to have cell phone contact with law enforcement
- Licensing Compliance:
o Bona fide non-profit, charitable organization
o Applicant is a member and authorized to act on behalf of the qualifying
organization
o Within the ten day per year limit (3 days this year including this event)
o At least 25% of the proceeds going to the charitable organization making the
application
o Does not sell alcohol before 10:00 a.m. on Sunday morning
o Provisions to prevent sales to minors
- Background Investigation:
o Favorable recommendation from the Town Marshal (attached)
Based on no incidents at last year's Fall Festival, statutory compliance, the close proximity of law
enforcement officers working the Festival, and the fund-raising nature of the event that benefits the
community, staff recommends approval.
EAMEMOMCOUNCRA2003\2-6-03 VFW SELL.doc Last printed 1/29/2003 2:36 PM Page 1 of 1
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MARSHAL
INTER OFFICE MEMO
TO: Bev Bender, Executive Assistant
DT: 01-28-03
FR: Todd Tate, Interim Town Marshal
TwT.
RE: Special Event Liquor Permit —
Veterans of Foreign Wars Post 7507
The purpose of this memorandum is to endorse the attached special event liquor permit
submitted on behalf of the Veterans of Foreign Wars Post 7507 and applicant Bruce
Thulien. It is my understanding that this will be considered by the Council at their
meeting on February 6d'.
Background: The liquor permit would be used in conjunction with the Great Fair, from
Friday, February 20-Sunday February 23`d. The special event liquor license is permitted
for non-profit organizations as an exception to the Arizona Revised Statutes, Title 4. The
Veterans of Foreign Wars is a tax-exempt organization holding IRS number 74-2514547.
Investigation: According to the state liquor department, this event will fall under the
provisions of R19-1-244 in which qualifying organizations are allowed a total of 10 days
per year for special event permits. According to our records, this application represents
only three of the ten days allowed in 2003.
Since the liquor license will be used in conjunction with a larger event (the Great Fair),
two important provisions apply. First, 25% of the gross revenues from any alcohol sales
must go to the non-profit organization; and second, the alcohol must be purchased from a
qualified off -premise source rather than a wholesaler. The requirement that the alcohol
be purchased from a retailer is outlined in R19-1-250(a) and specifies that the source
have a class 6,7,9 or 10 license such as Price Club, Bashas or Safeway.
Findings: In reviewing overall plans for the Great Fair, where the liquor will be
available in a "beer garden" setting, the Marshals Department is satisfied that there is
adequate control and provisions to prevent minors from having access to intoxicating
beverages. The Veterans of Foreign Wars will have the area fenced, limited access and a
system in place to control alcohol sales using their own personnel. Moreover, the same
plan was used at the Fall Festival in November without incident.
Recommendation: Based on the Veterans of Foreign Wars meeting all legal
requirements for non profit, charitable and exempt organizations; this awareness that
alcohol must be purchased through a licensed retailer; and provisions in place to restrict
access of alcohol by minors, I recommend approval by the Council at their meeting on
February 6th.
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 Tucson AZ 85701-1352
(602) 542-5141 (520) 628-6595
APPLICATION FOR SPECIAL EVENT LICENSE
Fee = $25.00 per day, for 1-10 day events only
A service fee of $25.00 will be charged for all dishonored checks (A. R. S. 44-6852)
YLt,AJ)L IVV 11:: 1ti1S D UUA1EN 1' MUST Bh YULLY COMPLETED OR IT WILL BE RETURNED.
DEPT USE ONLY
**APPLICATION MUST BE APPROVED BY LOCAL GOVERhTWNT LIC#
1. Name of Organization: VG raAA&A. C' ERCY(GM u)&&x� (�OST -Pj67
2. Non-Profit/I.R,S. Tax Exempt Npmber: /-M ND_ 74 -•--6-1 g5g7
3. The organization is a: (check one box only)
❑ Charitable Fraternal (must have regular membership and in existence for over 5 years)
❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee
❑ Religious
4. What is the purpose of this event? RU N b
5. Location of the event: 0✓ &.) g � 'rb($ ajj&n&%1 s �(&ft&jM YL " lllla 001)At 2G8
Address of physical location (Not P.O. Box) City County Zip
,—dplicant must be a member of the qualifying organization and authorized by an Officer, Director or
Chairperson of the Organization named in Question #1: (Signature required in section #18)
6. Applicant: -rU (l L 101 ► Z-V C9 k 7
Last First Middle D e of Birth
7. Applicant's Mailing Address: 157 4? 19 UStw q hik. T6wt&tj 14(LC:s 1 Jam ,
Street City State Zip
8. Phone Numbers: �� ) ?14 • Slls ( ) ��iO •a3c� 7 (lt j) B�G, •
Site Owner # Applicant's Business # Applicant's Home
9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m, on Sunday)
Date
Day 1: ?j
Day 2: 11D -4
Day 3:
Day 4:
Day 5:
Day 6:
Day 7:
Day 8:
Day 9:
Day 10:
Day of Week
Hours from A.M./P.M
A
,A
To A.M./P.M.
Lic 0106 1112000 *Disabled iniiiduals requiring special accommodations, please call (602) 542-9027.
10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked?
❑ YES NO (attach explanation if
11. This organization has been issued a special event license for 'ays this year, including this event
(not to exceed 10 days per year).
12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES � NO
If yes, attach a copy of the agreement.
13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds.
THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic
Beverage Sales.
Name . s Address . Percentage
(Attach additional sheet if necessary)
14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have
any questions regarding the law or this application, please contact the Arizona State Department of Liquor
Licenses and Control for assistance.
NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL'EVENT PREMISES."
15. What'si=rit� and -control measures will you take to prevent violations of •state liquor laws at this event?
(List type and number of security/police personnel and type of fencing or control barriers if applicable)
# Police
# Security personnel
Fencing
❑ Barriers
16. Is there an existing liquor license at the location where the special event is being held?
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in which the special event license will be in use?
(ATTACH COPY OF AGREEMEXI)
of Business
❑ YES %k NO
❑ YES ❑NO
Phone Number
17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous
liquors under the provisions of your license. The following page it to be used to prepare a diagram of
your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or
other control measures and security positions.
THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF 1
ORGANIZATION NAMED IN QUESTION #1
18. I, R( �. �� c(L ie� , declare that I am an Offic/Director/Chairperson appointing the
(Print full name)
applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor
License. 1--,
X © 3 q&4,2 -,ZW7
(Signatur OFFICIAL — ( e/Position)
TAMMIE NEAVES (Dat (Phone
NOTARY PUBLIC-ARIZONA tate of TjLQ(Uh County of �-ka,kxL�
MARICOPA COUNTY The foregoing instrument was acknowledged before me this
M 6�fiifi�: € fires Jul _14, 2006
'L 3 day of Q a
Day of Month Month' Year
My Commission expires on:�� �, ;,� , 14 ` amp � o ( Lk p__
(Date) r—
(Signature of NOTARY PUBLIC)
THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN OUESTION #6
19. I, �� �(,�,�. GI.L� declare that I am the APPLICANT filing this application as
(Print full name)
as listed in Question 6. 1 have read the application and the contents and all.statements are true, correct and
oemplete. _
X
TAMMIE NEAVES
NOTARY PUB LICAR IZONA
MARICOPA COUNTY
ly Cdrhfh,_ Expires July 14, 2006
y commission expires on: `iuI!l 14, 20ZG,
(Date)
State of Q rj LprL(t- County of " Ci Y t CAPLi.
The foregoing instrument was acknowledged before me this
Z 3 day of cul t& G!Lv,- 2 WQ3
Day of Month Month Year
(Signature of NOTARY PUBLIC)
You must obtain local government approval. City or County MUST recommend event & complete item
#20. The local city or county jurisdiction may require additional applications to be completed and
additional licensing fees before approval may be granted.
LOCAL GOVERNING BODY APPROVAL SECTION
20. I, 7 ���c y— , i, �7 ( � � , hereby recommend this special event application on
(Government Official) / (Title)
behalf of OGtl/1 �Gt �7 tt1 ,' <7 D 3
(City, Town or County) (Sig�4ture OFFICIAL) (Date)
FOR DLLC DEPARTMENT USE ONLY
Department Comment Section:
(Employee) (Date)
❑ APPROVED ❑ DISAPPROVED BY:
(Title) (Date)
SPECIAL EVENT LICENSED PREMISES DIAGRAM
(This diagram must be completed with this application)
Special Event Diagram: (Show dimensions, serving areas, and label type olenclosure and security Y
P ty positions)
NOTE: Show nearest cross streets, highway, or road if location doesn't have an address.
01/23/03 THIT 15:50 FAX 480 836 7649 Bruce Thullen Z001
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EXHIBITORS E-1 TO E-63 Restrooms'
•=HANDICAP ACCESS
FOUNTAIN PARK
s
Event Quote ZY
Concerts/ Special Events Insurance Program
Attention: Bruce Thulien
Via Email
Applicant: VFW Post 7507
Policy Term: Feb 21, 22, 23 2003
Coverage: Commercial General Liability
Coverage Limits:
Each Occurrence $1,000,000
Aggregate $1,000,000
Products Completed Operations $1,000,000
Personal Injury $1,000,000
Damage to Premises Rented $50,000
Deductible: 250
Based on: 500 attendance
Program: Beer Garden
Location: Fountain Hills, AZ
Additional Insured: Fountain Hills Chamber of Commerce / City of Fountain Hills
Premium: $800
There is no cancellation of this policy so make certain of your event arrangements
before paying this premium.
Please mail in the premium payment (name & address below) and we will issue
all certificates to you and the venue. We also accept Visa / Mastercard, AMEX for
this service a $24 fee will be added to the premium.
Terms and Conditions
Policy Exclusions: Policy Exclusions: Amusement Rides & Devices, All
Security Operations, Punitive Damages, Collapse of Temporary Structure,
Terrorism, Hip Hop/ Rap Music, Sexual Abuse Molestation, Participants, Injuries
to Employees, Pyrotechnics, Fireworks, Stunts, Liquor Liability, Assault &
Battery, Injury to Performers
CSI Entertainment Insurance
2546 Elm Street 2nd Floor Dallas, Texas 75226
Phone 214 749 7700 x 118 / 800 204 1523 x118 / fax 214 749 7720
www.csicoverage.com / info@csicoverage.com
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting Meeting Date,December 19, 2002
Parks and Recreation Contact'Fersoni Mark Mayer
t e.
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Parks/Rec. Comm. Appointments
Council Priodit -1'Cfi A ibro"oriateAf6as)'
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Commission
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Consideration of Appointing four members to the Parks and Recreation
Siaifi'RecApprove Fiscal ln,puet; No
l 40; nat' and Radio "nilltfbrmation There are four total positions open on the Parks and Recreation
Commission beginning in 2003. There is one opening which is available each year for the Youth Commissioner,
and three for the remaining Commissioner positions, which are each three year terms. The Town received a total
of seven applications for the openings, including one for the Youth Commissioner. One current Commissioner,
Dick Schmidt, is seeking reappointment.
Interviews were conducted by the Council on January 21, 2003. New Commissioners are scheduled to be
appointed at the February 6, 2003 Council meeting. New Commissioners would be sworn in just prior to
attending their first official meeting on February 10, 2003, and would serve through December 2005. The one
exception being the Youth Commissioner, who would serve a one year term through December 2003.
Written
Department Head
C�
Town Manager / Designee
1) January 21, 2003 - Interview Schedule
Budget Review
(if item not budgeted or exceeds budget amount)
Commissioner Applications
For January 2003 Recruitment
Interview Date: January 21, 2003
INTERVIEW
TIME NAME ADDRESS PHONE
4:00 PM
Dick Schmidt
17319 E. Teal Drive
836-0632
4:20 PM
Mark Smith
15206 N. Maple Drive
837-0105
4:40 PM
Paul Clare
15551 E. Chicory Drive
836-8616
5:00 PM
Lauren Conway
14021 E. Edgeworth Drive, #A
836-4228
5:20 PM
John Kovac III
15837 Cactus Wren Court
836-0653
5:40 PM
Michael Howard
16820 Last Trail Drive
837-9496
6:00 PM
Daniel Coughenour
13847 N. Hamilton Dr., #102
837-5831
Commission Interview Times Rev 1/17/2003
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent:❑ Regular:®
Meeting Date:' 02/06/03
ontact Person: Susan Stein
Requesting Action:❑
Tvne of Document Needing ADDroval (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: Presentation
Council Prioritv (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: PRESENTATION by SRP of a proclamation to the Town for support over the
last 100 years, in celebration of their centennial celebration (celebrating 100 years of service to the Salt River
Valley).
Staff Recommendation: Approve Fiscal Impact: No $0
Purpose of Item and Background Information: SRP President Bill Schrader and Kathie Lee will read the
Centennial Year Resolution of the SRP Board of Governors to the Council and recognize the efforts of the
Fountain Hills community and town officials, which assisted SRP in meeting the obligations for which it was
formed.
List All Attachments as Follows: Copy of proclamation
Type(s) of Presentation: oral
Signatures of Submitting Staff:
Department
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
CENTENNIAL YEAR RESOLUTION
OF THE SRP BOARD OF GOVERNORS
WHEREAS, the enterprise, vision and perseverance of the Valley's early farming
communities contributed to the passage of the National Reclamation Act of 1902 and
subsequent incorporation on February 7, 1903, of the Salt River Valley Water Users'
Association, now known as the Salt River Project or "SRP"; and
WHEREAS, Valley settlers offered their lands as collateral for a federal loan to
construct and complete Theodore Roosevelt Dam in 1911, and to provide a reliable and
adequate supply of water for Central Arizona's economic growth and development; and
WHEREAS, Valley cities and towns partnered with SRP in the 1920s in developing
additional water storage, flood control, and hydro -generation facilities on the Salt River
to expand water and power services to the rural communities of Central Arizona; and
WHEREAS, Arizona's elected officials passed legislation in 1936 which permitted the
establishment of the Salt River Project Agricultural Improvement and Power District for
purposes of sustaining SRP during the Depression years and for further improving the
Valley's electric power supply; and
WHEREAS, Valley cities, towns, and businesses partnered with SRP to build additional
water storage dams on the Verde River in the late 1930s, and to improve the delivery
and treatment of water for Valley residents from the 1950s onward; and
WHEREAS, advocates of the Central Arizona Project ("CAP") worked closely with SRP
to win federal backing to construct the CAP, to form the Central Arizona Water
Conservation District, and to significantly enhance Arizona's water resources; and
WHEREAS, Valley municipalities and Indian communities partnered with SRP to obtain
federal assistance to improve dam safety and flood control in the 1980s and 1990s; and
WHEREAS, Valley communities have worked with SRP to develop water management
plans, implement groundwater recharge programs, strengthen economic development,
and expand important environmental initiatives; and
WHEREAS, Central Arizona communities and organizations have long worked with
SRP and its employees to benefit local education, human services, community safety,
and cultural and aesthetic programs throughout Arizona.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the SRP Board of Governors
recognize and pay tribute to the many federal, state, and local elected officials and
communities who, over the past 100 years, have enabled the Salt River Project to meet
the obligations for which it was formed, to win national recognition as a foremost public
power provider, and to enter its second century prepared to bring continued valued
service to Arizona.
BY ORDER OF THE SRP BOARD OF GOVERNORS, this 6th day of January 2003.
Board of Governors Meeting, January 6, 2003
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 02/06/03
Submitting Department: Administration Contact Person: Julie Ghetti
Consent:❑ Regular:® Requesting Action:❑ Report Only:®
Type of Document Needing Approval (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: Presentation
Council Prioritv (Check Appropriate 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: PRESENTATION of the annual Comprehensive Annual Financial Report by the
town's auditor.
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: Mr. Craig Trbovich of the CPA firm Cronstrom & Trbovich
will present to the Council the Comprehensive Annual Financial Report for the fiscal year ending June 30, 2002
which includes the Independent Auditor's Report.
List All Attachments as Follows: None - Annual Financial Report distributed previously to Council.
Type(s) of Presentation: oral
Signatures of Submitting Staff:
C a.",
Department Head
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: Administration
Consent:❑ Regular:®
Meeting Date: 02/06/03
Contact Person: Julie Ghetti
Requesting Action:[]
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Presentation
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:Z
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Rezular Agenda Wording: PRESENTATION of the Certificate of Recognition for Budget Preparation to
Julie Anne Ghetti for the fiscal year 2002/2003 budget. This distinguished award is given by the Government
Finance Officers Association and is the highest form of recognition in governmental budgeting and represents a
significant achievement by the Town.
Staff Recommendation: Approve Fiscal Impact: No $0
PurposeofItem and Background Information: To recognize Town staff for their efforts in preparing a
budget that satisfies national guidelines for effective budget presentation. This is the first award for the Town of
Fountain Hills for budget preparation.
List All Attachments as Follows: Memo to Council and Press Release.
Type(s) of Presentation: oral
Signatures of Submitting Staff:
�l
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 28, 2003
FR: Julie A. Ghetti, Accounting Supervisor
Administration
RE: GFOA Distinguished Budget Presentation
Award
U
The Government Finance Officers Association (GFOA) has announced that the Town of
Fountain Hills Fiscal Year 2002-2003 budget has received the Distinguished Budget Presentation
Award. The attached Press Release will be provided to the media and highlights the significance
of this award.
The Town Council, Department Directors and staff deserve recognition for this accomplishment
during a time of financial instability and rotating Interim Town Managers.
cc: Mayor and Town Council
Fountain Hills Times
Arizona Republic
Tribune
Attach: Press Release
\\eaith\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
203 North LaSalle Street, Suite 2700, Chicago, Illinois 60601-1210
312/977-9700 • Fax: 312/977-4806
January 22, 2003
PRESS RELEASE
For Further Information Contact
Stephen J. Gauthier (312) 977-9700
Chicago --The Government Finance Officers Association of the United States and Canada
(GFOA) is pleased to announce that Town of Fountain Hills, Arizona has received the
GFOA's Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the entity. It reflects the commitment
of the governing body and staff to meeting the highest principles of governmental
budgeting. In order to receive the budget award, the entity had to satisfy nationally
recognized guidelines for effective budget presentation. These guidelines are designed to
assess how well an entity's budget serves as:
■ a policy document
■ a financial plan
■ an operations guide
■ a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department
designated as being primarily responsible for its having achieved the award. This has
been presented to Julie A. Ghetti, MPA, CPA, Accounting Supervisor.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program
in 1984, approximately 900 entities have received the Award. Award recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent example
for other governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association
serving 14,000 government finance professionals throughout North America. The
GFOA's Distinguished Budget Presentation Awards Program is the only national awards
program in governmental budgeting.
WASHINGTON OFFICE
1750 K Street, N.W., Suite 350, Washington, DC 20006
202/429-2750 • Fax: 202/429-2755
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent:❑ Regular:®
Meeting Date: 02/06/03
Contact Person: Tim Pickering
Requesting Action: El
TvDe of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Presentation
Council Prioritv (Check Appropriate Area
❑ 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: PRESENTATION/UPDATE by the Committee to Save Our Community on their
progress in pursuing the formation of a new fire district.
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: Members of the Committee to Save Our Community will
provide a progress report on their activities toward the formation of a new fire district.
List All Attachments as Follows: Memorandum from Town Manager, Cover letter from the Committee to Save
Our Community, impact statement, Resolution 2003-02, A.R.S. statute covering district creation.
Type(s) of Presentation: oral
Signatures of Submitting Staff:
Department Head, - 1
f
Town Manager / Designee
LAw
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MANAGER
MEMORANDUM
TO: Honorable Mayor Beydler and
DT: January 29, 2003
Town Council "- `
FR: Tim Pickering, Town Manager r/
RE: Staff Review of Fire District Impact
-'
Statement
Staff received the fire district impact statement on January 28, 2003, and completed a cursory
review of the document, in accordance with Resolution 2003-02 that passed on January 16, 2003.
Attached are the Arizona A.R.S. statute covering district formation and the Council's approved
resolution.
The impact statement is basically in order. Three issues are of interest. The first (#1) is that
Exhibit A and B are not attached to the impact statement. I was told that the Town would be
forwarded a copy.
The second issue (#3) is the description of the property tax liability. The description indicates a
property tax rate of $0.97. This would potentially bring in revenue of $2,635,400, plus the
$325,000 of fire district assistance, for a total potential budget of $2,960,400. This amount is
$599,130 above than the Town's current cost. This amount should be noted, not as a deterrent to
the district forming, but for full disclosure. The proposed revenue amount for the new district
may be slightly higher than current Town -run fire department cost to take into consideration the
purchase of equipment, buildings, and land currently owned by the Town.
Finally, section (4b) of the impact statement indicates that $25,000 pension money is only
available to fire districts. This money is also available to the Town
The Town's legal department will perform a separate review of the impact statement and present
findings orally to the Council. Please remember that the staff simply reviewed the impact
statement to determine if it meets the statutory minimums. It is the County's responsibility to
determine sufficiency of the information.
cc: Andrew McGuire, Town Attorney
Julie Ghetti, Accounting Supervisor
Pickeimg/E:/Stein/Pickering/impactstatement2.dce/ 12903
IMPACT STATEMENT
FOR
NEW FOUNTAIN HILLS FIRE DISTRICT
Pursuant to the provisions of A.R.S.§48-261, the undersigned submit and enclose the
following as a Fire District Impact Statement for the proposed creation of a new fire
district to be known as Fountain Hills Fire District.
Description of Boundaries
Attached to this statement are two exhibits.
Exhibit A: is a legal description of the
district.
Exhibit B: is a detailed, accurate map
proposed fire district.
boundaries for the proposed fire
of the area to be included in the
2. Estimated Assessed Valuation
The estimated 2002 (year) assessed valuation as provided by the office of the
Assessor, Maricopa County, State of Arizona on November 13, 2002, for the area within
the proposed fire district as of November 13, 2002 is Two hundred seventy million, six
hundred two thousand, eight hundred sixty-six ($270,602,866). -
3. Property Tax Liability
The estimated change in property tax liability of the proposed Fountain Hills Fire
District will be $0.97 per $100 assessed valuation. The new District proposes to
have the same tax rate as in the last budget of the old Fountain Hills Fire District.
Example: A $300,000 house with an assessed value of $30,000, at the new
Fountain Hills Fire District proposed secondary tax rate of $0.97, would have an
increased tax liability of $291.00 per year after creation of this District.
4. Benefits that will result from the New Fountain Hills Fire District:
a. The New District will receive Fire District Assistance Tax
in the amount of $300,000 to help defray costs to taxpayers. This
money is available to fire districts only.
b. The New District will receive State Fire Marshall Pension
Fund monies in the amount of $25,000 to help defray costs to
taxpayers. This money is available to fire districts only.
C. Direct accountability of Directors of New District to the
electorate via the ballot box. If the citizens don't like the quality of
service they are receiving, they have recourse via public meetings
and by voting out offending members of the District. Currently
4
and by voting out offending members of the District. Currently
under Town jurisdiction, the fire service is just one of many town -
run departments with limited community oversight.
d. The New District gives the citizens of Fountain Hills direct
input over every aspect of the District including budgets, taxation
and actual operations. Whereas, if the fire and EMS services
remain incorporated in the Town budget and operation, direct
accountability of the fire service is lost among the many other
responsibilities of the Town.
e. Formation of the New District would remove $2.6 million
(the estimated cost of fire and emergency medical service per
annum) from the Town of Fountain Hills' budget, which is already
losing approximately $140,000 per month and currently projects a
$5 million deficit in fiscal 2004.
f. A financially independent Fire District is insulated from the
financial shortfall of the Town, thereby assuring uninterrupted fire
and EMS services so critical for our citizens.
Injuries that will result from the New District:
a. Money to support fire and emergency medical service must be
raised. A secondary property tax in the amount of $0.97 (same as the old
Fire District) per $100 Assessed value would be levied on all property in
the New District.
6. Proposed Members of the Fountain Hills Fire District's Organizing Board of
Directors:
John M. Cutillo
16714 Nicklaus Drive
Fountain Hills, AZ 85268
Retired, Former Mayor of Fountain Hills
F. Tim Yoder
John Wyman
16905 E. Jacklin Drive
Fountain Hills, AZ 85268
Retired, Town Councilman of Fountain Hills
15459 E. El Lago Boulevard
Fountain Hills, AZ 85268
General Contractor, Yoder Built Construction
A
I cM
I
I
OUR
09
January 28, 2003
Mayor and Town Council
Town Hall
Fountain Hills, Arizona 85268
Dear Mayor and Council Members:
On January 27, 2003 at 4:00 P.M. the Committee to Save Our Community
(CSOC) delivered to Town Hall a FIRE DISTRICT FORMATION IMPACT
STATEMENT.
This document meets the requirements of Town Council Resolution #2003-02.
We are adopting the same budget as set forth by the Town Manager, Tim Pickering,
which is $2.6 Million for the first year of operation.
To fill the positions of the initial fire commissioners, CSOC selected two names
of men who served on the "Blue Ribbon Committee" and one name which was submitted
by the Fire Fighter's Union on January 17, 2003. Both John Cutillo and Tim Yoder
served on the Blue Ribbon Committee.
On January 17, 2003 at approximately 9:00 A.M., Brian Golden, via telephone,
submitted seven names to Hugh Henry, Chairman of the CSOC (copy of Hugh Henry's
handwritten list as dictated by Brian Golden, attached). The first name on the list was
John Wyman followed by Steve Gendler and the last name on the list was Randy Roberts.
At this point, John Wyman graciously accepted the position and Hugh Henry withdrew
his name.
We have had five meetings with the Union. We requested on two separate
occasions to meet with the Rural/Metro Fire Fighters serving in Fountain Hills at shift
change, which was denied by Steve Springborn, President, United Maricopa County Fire
Fighters Association, I.A.F.F. Local 3878.
We are requesting at this time a meeting with the Town Council, as outlined in the
original Resolution #2003-02.
Sincerely,
Hugh enry
Rita Cobain Brown
Chairman, CSOC
Treasurer, CSOC
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
Apjz. REv. STAT. § 48-261 (A)(9).
2. The citizen's group shall submit the completed district impact statement required
pursuant to ARz. 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 tinit 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:
C
Cassie B. Hansen, Town Clerk
APVED AS TO FORM:
Andrew J. McGuire, 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 % aye's and O ' nay's and that the Mayor and
Council members were present and voting.
_"-4 -A 1�6
Cassie B. Hansen, Town Clerk
9196.001\new fire dist.res.doc
1-10-03-2
2
48-261 - District creation; procedures; notice; hearing; determinations; petitions; definitions Page 1 of 3
48-261. District_creation __procedures: notice; hearing; determinations;__petitions; definitions
A. A fire district, community park maintenance district, sanitary district or hospital district for either a
hospital or urgent care center shall be created by the following procedures:
1. Any person desiring to propose creation of a district shall prepare and submit a district impact
statement to the board of supervisors of the county in which the district is to be located. If a proposed
district is located in more than one county, the impact statement shall be submitted to the board of
supervisors of the county in which the majority of the assessed valuation of the proposed district is
located. The boards of supervisors of any other counties in which a portion of the district is to be located
shall provide information and assistance to the responsible board of supervisors. If the person desiring to
create a district pursuant to this section is unable to complete the district impact statement, the board of
supervisors may assist in the completion of the impact statement if requested to do so, provided the bond
required in subsection C of this section is in an amount sufficient to cover any additional cost to the
county. The district impact statement shall contain at least the following information:
(a) A description of the boundaries of the proposed district and a detailed, accurate map of the area to be
included in the district.
(b) An estimate of the assessed valuation within the proposed district.
(c) An estimate of the change in the property tax liability, as a result of the proposed district, of a typical
resident of the proposed district.
(d) A list and explanation of benefits that will result from the proposed district.
(e) A list and explanation of the injuries that will result from the proposed district.
(f) The names, addresses and occupations of the proposed members of the district's organizing board of
directors.
2. On receipt of the district impact statement, the board of supervisors shall set a day, not fewer than
thirty nor more than sixty days from that date, for a hearing on the impact statement. The board of
supervisors may, at any time prior to making a determination pursuant to paragraph 4 of this subsection,
require that the impact statement be amended to include any information that the board of supervisors
deems to be relevant and necessary.
3. Upon receipt of the district impact statement, the clerk of the board of supervisors shall mail, by first
class mail, written notice of the statement, its purpose and notice of the day, hour and place of the
hearing on the proposed district to each owner of taxable property and each qualified elector within the
boundaries of the proposed district. The clerk of the board of supervisors shall post the notice in at least
three conspicuous public places in the area of the proposed district and shall publish twice in a daily
newspaper of general circulation in the area of the proposed district, at least ten days before the hearing,
or, if no daily newspaper of general circulation exists in the area of the proposed district, then at least
twice at any time before the date of the hearing, a notice setting forth the purpose of the impact
statement, the description of the area of the proposed district and the day, hour and place of the hearing.
4. At the hearing called pursuant to paragraph 2 of this subsection, the board of supervisors shall hear
�.. those who appear for and against the proposed district and shall determine whether the creation of the
district will promote public health, comfort, convenience, necessity or welfare. If the board of
http://www.azleg.state.az.us/ars/48/0026l.htm 1/28/2003
48-261 - District creation; procedures; notice; hearing; determinations; petitions; definitions Page 2 of 3
supervisors determines that the public health, comfort, convenience, necessity or welfare will be
promoted, it shall approve the district impact statement and authorize the persons proposing the district
to circulate petitions as provided in this subsection. The order of the board of supervisors shall be final,
�01 but if the request to circulate petitions is denied, a subsequent request for a similar district may be refiled
with the board of supervisors after six months from the date of such denial.
5. After receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection,
the person proposing the district may circulate and present petitions to the board of supervisors of the
county in which the district is located.
6. The petitions presented pursuant to paragraph 5 of this subsection shall comply with the provisions
regarding petition form in section 48-265 and verification in section 48-266 and shall:
(a) At all times, contain a description of the boundaries of the proposed district and a detailed, accurate
map of the proposed district and the names, addresses and occupations of the proposed members of the
district's organizing board of directors. No alteration of the proposed district shall be made after
receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection.
(b) If a petition of property owners, be signed by more than one-half of the property owners in the area
of the proposed district.
(c) If a petition of property owners, be signed by persons owning collectively more than one-half of the
assessed valuation of the property in the area of the proposed district.
(d) If a petition of qualified electors, be signed by more than one-half of the qualified electors within the
boundaries of the proposed district.
7. On receipt of the petitions, the board of supervisors shall set a day, not fewer than ten nor more than
thirty days from that date, for a hearing on the petition.
8. Prior to the hearing called pursuant to paragraph 7 of this subsection, the board of supervisors shall
determine the validity of the petitions presented.
9. At the hearing called pursuant to paragraph 7 of this subsection, the board of supervisors shall, if the
petitions are valid, order the creation of the district. The board of supervisors shall enter its order setting
forth its determination in the minutes of the meeting, not later than ten days from the day of the hearing,
and a copy of the order shall be filed in the county recorder's office. The order of the board of
supervisors shall be final, and the proposed district shall be created thirty days after the board of
supervisors votes to create the district. A decision of the board of supervisors under this subsection is
subject to judicial review under title 12, chapter 7, article 6.
B. For the purpose of determining the validity of the petitions presented pursuant to subsection A,
paragraph 5 of this section:
1. Qualified electors shall be those persons qualified to vote pursuant to title 16.
2. For the purposes of fulfilling the requirements of subsection A, paragraph 6, subdivisions (b) and (c)
of this section, property held in multiple ownership shall be treated as if it had only one property owner,
ir.• so that the signature of only one of the owners of property held in multiple ownership is required on the
formation petition.
http://www.azleg.state.az.us/ars/48/0026l.htm 1/28/2003
48-261 - District creation; procedures; notice; hearing; determinations; petitions; definitions Page 3 of 3
3. The value of property shall be determined as follows:
(a) In the case of property assessed by the county assessor, values shall be the same as those shown on
the last assessment roll of the county containing such property.
(b) In the case of property valued by the department of revenue, the values shall be those determined by
the department in the manner provided by law, for municipal assessment purposes. The county assessor
and the department of revenue, respectively, shall furnish to the board of supervisors, within twenty
days after such a request, a statement in writing showing the owner, the address of each owner and the
appraisal or assessment value of properties contained within the boundaries of the proposed district as
described in subsection A of this section.
C. The board of supervisors may require of the person desiring to propose creation of a district pursuant
to subsection A, paragraph 1 of this section a reasonable bond to be filed with the board at the start of
proceedings under this section. The bond shall be in an amount sufficient to cover costs incurred by the
county if the district is not finally organized. County costs covered by the bond include any expense
incurred from completion of the district impact statement, mailing of the notice of hearing to district
property owners and electors, publication of the notice of hearing and other expenses reasonably
incurred as a result of any requirements of this section. The requirements of this subsection do not apply
to proposed districts having fewer than one hundred qualified electors.
D. If a district is created pursuant to this section, the cost of publication of the notice of hearing, the
mailing of notices to electors and property owners and all other costs incurred by the county as a result
of the provisions of this section shall be a charge against the district.
E. If a proposed district would include property located within an incorporated city or town, in addition
to the other requirements of subsection A of this section, the board shall approve the creation and
authorize the circulation of petitions only if the governing body of the city or town has by ordinance or
resolution endorsed such creation.
F. Except as provided in section 48-2001, subsection A, the area of a district created pursuant to this
section shall be contiguous.
G. A district organized pursuant to this section shall have an organizing board of directors to administer
the affairs of the district until a duly constituted board of directors is elected as provided in this title. The
organizing board shall have all the powers, duties and responsibilities of an elected board. The
organizing board shall consist of the three individuals named in the district impact statement and the
petitions presented pursuant to subsection A of this section. If a vacancy occurs on the organizing board,
the remaining board members shall fill the vacancy by appointing an interim member. Members of the
organizing board shall serve without compensation but may be reimbursed for actual expenses incurred
in performing their duties. The organizing board shall elect from its members a chairman and a clerk.
H. For purposes of this section:
1. "Assessed valuation" does not include the assessed valuation of property that is owned by a county.
2. 'Property owner" does not include a county.
http://www.azleg.state.az.us/ars/48/00261.htm 1/28/2003
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting.Date 2/6/03
Submitting Department: Com. Dev. Contact Person: Dana Burkhardt, Senior Planner
Consent:❑ Regular:® Requesting Action-®
Tvne of Document Needing Approval (Check all that annl
® Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
CounciPrionty€CheckApprprtafeAreas
❑ 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
Re i& i Akenda� ording Consideration of a SPECIAL USE PERMIT for the expansion of existing facilities
at the Chaparral City Water Company Well #10 site, located on Parcel "A" Well Site, Block 1, Final Plat 103;
north of Palisades Boulevard, east of Fountain Hills Boulevard, and west of Westby Drive, Case Number
SU2002-14.
Approve
No
Purr►ose.of Item and Backjr'ouridInformation This request is for approval of a Special Use Permit that would
allow the expansion of the existing utility facilities on the Chaparral City Water Company Well #10 site. The
proposal includes the construction of a gunite detention basin and drain, an eight -foot masonry perimeter screen
wall with a view obscuring gate, landscaping and irrigation, and a new fire hydrant. On January 9, 2003 the
Planning & Zoning Commission unanimously recommended approval of this request.
List All Attachments as Follows: Staff Report; Planning & Zoning Commission Meeting Minutes; Application;
Site Plans.
Type(s) of Presentation: Powerpoint
Signatures of Submitting Staff:
D artment Head
`✓"� -t J
Town Nfanager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
.. PLANNING & ZONING
TOWN COUNCIL MEMO
TO: Honorable Mayor Beydler and
DT: January 29, 2003
Town Council
FR: Dana Burkhardt, Senior Planner 1
RE: SU2002-14; Request for water utility
facility expansion.
LOCATION: 16426 N. Palisades Blvd.; aka Parcel A Well Site, Block 1, Final Plat 103.
REQUEST: Consideration of a Special Use Permit that would allow the expansion of the
existing Chaparral City Water Company facilities located on Parcel A (Well #10).
DESCRIPTION:
APPLICANT: Michael S. Thompson
OWNER: Chaparral City Water Company
EXISTING ZONING: "R-3" Multi -family Zoning District
EXISTING CONDITION: Developed well site for water utility provider
LOT SIZE: 40,187 square feet
SURROUNDING LAND USES AND ZONING:
NORTH:
Vista Montana Casita Condominiums; zoned "R-3"
SOUTH:
Palisades Blvd and Walgreen's Drug Store; zoned "C-2"
EAST:
Fountain Hills Fire Department, Station #1; zoned "R-3"
WEST:
Fiesta Casitas Condominiums; zoned "R-3"
SUMMARY:
This request is for approval of a Special Use Permit that would allow the expansion of the
existing utility facilities on the Chaparral City Water Company Well #10 site. The proposal
includes the construction of a gunite detention basin and drain, an eight -foot masonry perimeter
screen wall with a view obscuring gate, landscaping and irrigation, and a new fire hydrant.
The Chaparral City Water Company proposes to improve their existing Well #10 site. The
proposed use of the site will not be significantly altered from the existing use. This request is to
provide adequate site screening for the existing facility, to upgrade the existing pump equipment,
and to construct a drainage basin to catch the cleanout water from the pump line, which drains into
the sanitary sewer system. The applicant proposes to provide paved access to this facility from
Palisades Boulevard and a single parking space for vehicle turn -around at the entrance. The
applicant also proposes to install landscaping and irrigation improvements to the site and install a
fire hydrant on the adjacent Town -owned Fire Department site, per staff's request.
EVALUATION:
Pursuant to §5.17 of the Town of Fountain Hills Zoning Ordinance, special use permit shall be
required by all public service companies in order to establish or substantially expand utility
buildings, structures, or appurtenances thereto, in any residential zoning district.
The proposed application conforms to the screening and landscaping requirements of the Zoning
Ordinance for commercial outdoor storage areas. The only alteration of use from the existing
use is that a water line cleanout system would be provided, which requires draining the well
pump line into the proposed catch basin for a period of approximately 10 minutes on an irregular
basis. The proposed catch basin then drains into the existing sanitary sewer through a four -inch
drain line. To date, staff has not received a nuisance complaint regarding the existing well site.
Staff does not foresee any adverse impacts from the proposed improvements of this site, as these
improvements would enhance the site and reduce the potential for noise or visual nuisances or
trespass.
The surrounding uses include the Fountain Hills Fire Department Station #1 to the east, Palisades
Boulevard to the south, and condominium developments on the north and west. Chaparral City
Water Company has agreed to provide a fire hydrant at the Town's request, at their sole cost and
expense, on the Fountain Hills Fire Department Station #1 property. The adjacent property owners
were notified of this request and staff has not received an objection.
The applicant is allowed to disturb 100% of all slopes less than 15% gradient, and 50% of all
slopes greater than 15% gradient per §5.11B(2) of the town of Fountain Hills Zoning Ordinance.
The applicant has proposed to disturb 100% of al slopes less than 100% and 21.5% of all slopes
greater than 15% grade. The applicant is in conformance with the disturbance requirements of the
Zoning Ordinance.
On January 9, 2003, the Planning and Zoning Commission unanimously recommended approval of
this Special Use request with Staff's stipulations.
RECOMMENDATION:
The Planning and Zoning Commission and Staff recommend approval of SU2002-14, a Special
Use request to permit the expansion of the existing Chaparral City Water Company facilities
located on Parcel A (Well #10), with the following stipulation:
1) Prior to building permit issuance; provide a notarized letter from the adjacent property
owner granting permission to attach your wall to their existing screen wall, as proposed.
PBA 1/02
�'tAIN �y\
p
�t eve+ a
at is A9
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT I ,or Use
CaseOfficial Manager: Only
Fountain Hills, Arizona
Area Specific Plan or Change
General Plan Amendment
Plan of Development
Zoning Change
Variance
NATURE OF THE REQUEST:
PROJECT NAME
APPLICATION
Ie LJ- * 10 ==4) ram% "
Preliminary Plat
Cut/Fill Waiver
Special Use Permit
SU Comprehensive Sign Plan
HPE Change or Abandonment
Mrs. Applicant: Day Phone
� M r. `�
Ms. Address: C"--7CCity: "'" " �/'/'State: Zip: 6:52LL,
Mrs. Owner:
Mr.
Ms. Address:
City:
Day Phone
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
TO FILE THIS APPLICATION.
My Commission Expires
Notary Public
FILING DATE: FEE PAID: ACCEPTED BY:
TOWN OF FOUNTAIN HILLS (See Fee Schedule)
20
Application DEC 0 5 2002 Case Number
Page 2 of 7 COMMUNITY DEVELOPMENT
DEPARTMENT SU -- 1
PBA 1/02
The Town of Fountain Hills
LEGAL DESCRIPTION
PROPERTY ADDRESS
`L �
PARCEL SIZE (Acres)
l '
NUMBER OF UNITS PROPOSED -
EXISTING ZONING:
Application
Page 3 of 7
lv3 d 7
Plat Name Block Lot
— ASSESSOR PARCEL NUMBER%(° _ o/ - Y3 L
N1A TRACTS - A) AI
PROPOSED ZONING /V /4
Case Number
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type,; Regular Meeting Meeting Dater 02/06/03
Submitting Department: Community Development Contact Person: Denise Ruhling, Planner11
Consent:❑ Regulars® Requesting Action:,®
Tvne of Document Needing Approval (Cheek all that appI
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Annexation of Land
Council Priority (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 wording: Consideration and possible approval of Ordinance No. 03-02 An ordinance of the
Mayor and Council of the Town of Fountain Hills, Arizona extending and increasing the corporate limits of the
town of Fountain Hills pursuant to the provisions of Arizona Revised Statues subsection 9-471.02 and
.amendments thereto, annexing thereto certain territory located at the northeast corner of Copperwynd Drive and
Eagle Ridge Drive.
Approve Fiscal Impact: No
Purpose of Item and Background Informations In May of 2002 the Town of Fountain Hills and the City of
Scottsdale were approached by Neil Ginsberg, Sun Tech Development, regarding the possiblity of
deannexing/annexing a portion of their property. After consulting with the City of Scottsdale and meeting with
Neil Ginsberg the process of deannexation/annexation started. Per A.R.S. 9-471.02 territory may be deannexed
and severed from one city or town and annexed to another city or town in accordance with the provision of the
section if the territory which is deannexed is contiguous to the city or town which annexes the territory. The City
of Scottsdale adopted Ordinance No. 3485 at their January 21, 2003 meeting by a unanimous vote.
It is the desire of Neil Ginsberg that this property now be annexed into the Town of Fountain Hills. The
annexation will include zoning of RI-8 (closest match to current zoning in Scottsdale).
Ordinance 03-02; Scottsdale Ordinance No. 3485
Powerpoint
Signatures of Submitting Staff:
• D artment He
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
ORDINANCE NO. 03-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA EXTENDING AND INCREASING THE
CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS PURSUANT
TO THE PROVISIONS OF ARIZONA REVISED STATUTES § 9-471.02 AND
AMENDMENTS THERETO, ANNEXING THERETO CERTAIN TERRITORY
CONTIGUOUS TO THE EXISTING TOWN LIMITS.
WHEREAS, the provisions of ARiz. REV. STAT. § 9-471.02 allow for real property
within the corporate limits of one municipality to be deannexed by that municipality and
concurrently annexed into a contiguous municipality; and
WHEREAS, the City of Scottsdale ("Scottsdale") adopted Ordinance No. 3485 on
January 21, 2003, setting forth its desire to deannex approximately 1.69 acres of land contiguous
with the corporate boundaries of the Town of Fountain Hills ("Fountain Hills") as more fully
described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, the Mayor and Council of the Town of Fountain Hills desire to extend and
increase the corporate limits of Fountain Hills to include the Property; and
WHEREAS, the legal description of the Property set forth on Exhibit A is a true and
correct description of all the exterior boundaries of the entire area proposed to be annexed to
Fountain Hills; and
WHEREAS, Fountain Hills shall provide all of its municipal services to the property
upon issuance of the order by the Maricopa County Board of Supervisors deannexing the
Property from Scottsdale and annexing same to Fountain Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the Property be, and the same hereby is, annexed to the Town of
Fountain Hills, and that the present corporate limits be, and the same hereby are, extended and
increased to include the Property contiguous to the present Town limits.
SECTION 2. That a copy of this Ordinance, together with an accurate map of the
Property hereby annexed to Fountain Hills, certified by the Mayor, be forthwith filed with the
Maricopa County Board of Supervisors.
SECTION 3. That this annexation shall be contingent upon fulfillment of the
requirements of ARIZ. REV. STAT. § 9-471.02.
9196.01Mopperwynd annex.ord.doc 1
1-17-03-1
SECTION 4. That, upon annexation, the Property shall be zoned Rl-8 and subject to the
�w - regulations set forth for such designation in the Town of Fountain Hills Zoning Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, February 6, 2003.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
An i cGuire, Town Attorney
9196.010\Copperwynd annex.ord.doc 2
I-17-03-I
EXHIBIT A
LEGAL DESCRIPTION
Tracts "K", "J" and "P" of "CORDILLERA AT COPPERWYND , a subdivision Plat recorded in Book 483
of Maps, Page 08, Records of Maricopa County, Arizona, more particularly described as follows:
BEGINNING at the Northeasterly corner of said Tract "K";
THENCE South 39 degrees 14 minutes 57 seconds East, along the Northerly line of said Tract "K",
a distance of 243.71 feet;
THENCE South 59 degrees 20 minutes 26 seconds East, continuing along the Northerly line of said
Tract "K", a distance of 317.41 feet to the Northeasterly comer of said Tract "J";
THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract "J",
a distance of 91.04 feet to the Southeasterly comer of said Tract "J", said point also being
the Northeasterly corner of said Tract "P";
THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract "P",
a distance of 41.55 feet;
THENCE South 38 degrees 57 minutes 36 seconds East, continuing along the Easterly line of said
Tract "P", a distance of 44.46 feet to the Southeasterly comer of said Tract "P";
THENCE South 83 degrees 07 minutes 30 seconds West, along the Southerly line of said Tract "P",
a distance of 134.36 feet;
THENCE North 79 degrees 22 minutes 24 seconds West, continuing along the Southerly line of said
Tract "P", a distance of 110.32 feet;
THENCE South 87 degrees 38 minutes 26 seconds West, continuing along the Southerly line of said
Tract "P", a distance of 102.97 feet;
THENCE South 32 degrees 50 minutes 41 seconds West, continuing along the Southerly line of said
Tract "P", a distance of 49.85 feet to the Southwesterly comer of said Tract "P", said
point being on the Easterly Right -of -Way Line of Eagle Ridge Drive, as shown on "MAP
OF DEDICATION FOR EAGLE RIDGE DRIVE" as recorded in Book 465 of Maps,
Page 16 of Official Records of Maricopa County, Arizona, said point also being on a
curve concave Southwesterly, having a radius of 2035.00 feet and a radial bearing of
South 68 degrees 13 minutes 42 seconds West;
THENCE Northwesterly, along the Westerly line of said Tract "P" and along the Easterly Right -of -
Way Line of said Eagle Ridge Drive, along the arc of said curve, through a central angle
of 00 degrees 30 minutes 13 seconds and an arc distance of 17.89 feet;
THENCE North 24 degrees 39 minutes 29 seconds East, continuing along the Westerly line of said
Tract P and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a distance
of 30.60 feet to the Northwesterly corner of said Tract "P", said point being the beginning
of a non -tangent curve concave Southeasterly, having a radius of 310.00 feet and a radial
bearing of South 18 degrees 10 minutes 17 seconds East;
Sheet 1 of 4
THENCE Northeasterly, along the Northerly line of said Tract "P" and along the Easterly Right -of -
Way Line of said Eagle Ridge Drive, along the arc of said curve through a central angle
of 00 degrees 57 minutes 31 seconds and an arc distance of 5.19 feet to the Southwesterly
comer of said Tract "J";
THENCE North 25 degrees 49 minutes 41 seconds West, along the Westerly line of said Tract "J"
and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a distance of 80.73
feet to the Northwesterly corner of said Tract "J", said point also being the Southerly
Southwesterly corner of said Tract "K";
THENCE North 65 degrees 11 minutes 12 seconds West, continuing along the Westerly line of said
Tract "K" and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a
distance of 32.99 feet to the Westerly Southwesterly comer of said Tract "K";
THENCE North 22 degrees 14 minutes 49 seconds West, continuing along the Westerly line of said
Tract "K" and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a
distance of 307.65 feet to a point on the beginning of a tangent curve concave
Northeasterly, having a radius of 765.00 feet and a radial bearing of North 67 degrees 45
minutes 11 seconds East;
THENCE Northwesterly, continuing along the Westerly line of said Tract "K" and along the
Easterly Right -of -Way Line of said Eagle Ridge Drive, along the arc of said curve,
through a central angle of 06 degrees 08 minutes 25 seconds and an arc distance of 81.98
feet returning to the POINT OF BEGINNING.
Containing 1.69 acres or 73,545 square feet, more or less.
BASIS OF BEARINGS
North 22 degrees 14 minutes 49 seconds West along the Monument Line of Eagle Ridge Drive (adjacent to
Tract "K") as shown on Plat of "CORDILLERA AT COPPERWYND", Book 483 of Maps, Page 08,
Maricopa County Recorder - and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE",
Book 465 of Maps, Page 16, Maricopa County Recorder.
Reference is hereby made to the attached Exhibit B drawings.
k•if41f "-_ �'/. !�%gyp
Sheet 2 of 4
1237.1 B01
04/ 10/02
GT/REC:bls
TOWN OF FOUNTAIN HILLS l�/ EXHIBIT B
CORPORATE UMITS
R=765.00'
LU P 0 NOTE.•
M SEE CURVE DATA TABLE
IQ can I % HD D LINE TABLE ON
o HEFT 4 OF 4
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BOOK 465 OF
MAPS, PAGE 16.
M.C.R.
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TRACT A"
"CORMLLERA AT COPPERW' ND—
BOOK 483 OF MAPS, PAGE 08, H.C.R.
�-qbi
INDICATES AREA DESCRIBED BY LEGAL
DESCRIP710N.
SKETCH OF LEGAL DESCRIPTION
GERVASIO & ASSOC. INC. TRACTS X'. 'J' & NP
CONSULTING ENGINEERS OF 'CORDILLERA AT
4527 N. 16TH STREET. SUITE 200 COPPERWYIIID'
PHOENIX, ARIZONA 85016
(602) 285-1720 FAX 285-15M
• ...a.. ..4 -4 esrw;^M I+ is thw mmnerty of
CITY OF SCOTISQALE
CORPORATE UMRS
.�--.-
^^ = E'
Job No.
12.3Z IB01
date
04/10102
WIG T/REC
Sheet No.
3 OF 4
FRV OCIATES
INC.,
Tina ul%+wnly .... - --- -- - -
and may not be reproduced or reproduction hereof used without permission.
CURVE DATA TABLE:
CURVE
DELTA
RADIUS
ARC
CHORD
0
00'30'13'
2035.00'
17.89'
N.22*01'24'W.N17.89'
©
00-57'310
310.00'
5.19'
N.7218'29'E.N5.19'
©
04'05'42'
350.00'
25.01'
N.69'48'02'E.-25.01'
DL�
06-08-25'
765.00'
81.98'
1 N.19-10'36-W.N81.94'
LINE TABLE
LINE
BEARING
DISTANCE
QA
S.38' 57' 36'E.
44.46'
O
S.&T07*30v.
134.36'
@C
N.79'22'24V.
110.32'
OD
S.8738'26V.
102.97'
EO
S.32'50'41 V.
49.85'
O
N.24 39'29'E.
30.60'
©
N.25'49'41 V.
80.73'
O
N.SS11'12'Vll.
32.99'
QJ
N.6745011'E
35.00'
QK
S.59'20'260E
91.04'
©
S.59 20'26'E.
41.55'
EXHIBI T B
NOTE -
SEE SKETCH y OF TRACTS
' 'J OC' & IPa OF
CORDILLERA AT COPPERMD
ON SHEET 3 OF 4
Job No.
. `� r ``.: r ` ` :'� `� `t
SKETCH OF LEGAL DESCRIPTION
04110102
`;
GERVASIO & ASSOC. INC.
TRACTS 1' 'i' & OP'
,E "
w/crIVEC
CONSULTING ENGINEERS
OF CORDILLERA AT
Sheet No.
4527 N. 16TH STREET. Sun 200
COPPER"D'
,�:� �
PHOENIX. ARIZON► 85016i.
�y P
4 OF 4
(602) 285-1720 FAX 285-1530
,
TL!— J� ..w wer�rf irnan+ of QMru;rM I+ IQ +his nmflP_rt/ of GFRVASIO a[ ASSOCIATES.
INC..
and may not be reproduced or reproduction heteof used without permission. '
JPN-27-2003 13:33 COS COMMUNITY DEU. 490 3127091 P.02
ORDINANCE NO.3485
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA
COUNTY, ARIZONA, DEANNEXING AND DECREASING THE CORPORATE LIMITS OF
THE CITY OF SCOTTSDALE, PURSUANT TO ARIZONA REVISED STATUTES
SECTION 9-471.02, BY DEANNEXING CERTAIN TERRITORY WITHIN THE PRESENT
CORPORATE LIMITS OF THE CITY OF SCOTTSDALE, CONTINGENT UPON THAT
SAME TERRITORY BEING ANNEXED BY THE TOWN OF FOUNTAIN HILLS.
MARICOPA COUNTY, ARIZONA, AND UPON FULFILLMENT OF THE CONDITIONS
OF SECTION 9-471.02, ARIZONA REVISED STATUTES.
WHEREAS, the City Council has determined it to be in the best interest of the Clty of Scottsdale
for certain territory within the corporate boundaries of the City, specffically described in the attached
Exhibit A and shown on the maps attached as Exhibits B and C of this Ordinance, to be deannexed from
the City of Scottsdale contingent upon that same territory being concurrently annexed by the Town of
Fountain Hills; and
WHEREAS, section 9-471,02, Arizona Revised Statutes, provides for the deannexatlon of land
from one municipality and the annexation to another municipality if all of the conditions of the statute are
fulfilled; and
WHEREAS, the Territory proposed to be de -annexed is contiguous to the Town of Fountain Hills;
NOW, THEREFORE. BE IT ORDAINED by the City Council of the City of Scottsdale as follows:
Section 1 That the City Council hereby determines that the territory to be de -annexed, hereafter
referred to as the Territory," Is as legally described In the attached Exhibit "A," incorporated herein by this
reference, and shown on the maps attached as Exhibits `B" and "C; incorporated herein by this reference.
Seption 2, That the Cfty Council hereby expresses Its intention to deannex the Territory and
hereby declares the deannexatlon to have occurred and the present corporate limits of the City of
Scottsdale modified and decreased to exclude the Territory, contingent upon the annexation of the same
Territory by the Town of Fountain Hills, Maricopa County, Arizona, and upon fulfillment of the conditions
more particularly set forth in section 9-471,02, Arizona Revised Statutes.
Sogtion a, That the City Clerk is hereby authorized and directed to forward a certified copy of this
Ordinance and the attached maps to the Chairman and the Clerk of the Board of Supervisors of Maricopa
County, Arizona, evidencing its successful passage on the day and date written below.
Attachment 45
Page 1 of 2
JAN-27-2003 13:33 COS COMMUNITY DEU.
490 3127391 P.03
$Oction 4. That the City Clerk is hereby authorized and directed to notify by letter the owner of
any real property in the territory to be deannexed at least twenty days before the hearing by the Board of
Supervisors. Such notification shall specify that the area is to be deannexed and annexed to the Town of
Fountain Hills and that such property shall continue to be subject to any tax lawfully assessed against it for
the purpose of paying any indebtedness lawfully contracted by the City Council of the City of Scottsdale
while the property was within the corporate limits. The letter shall further state that the property owner
may protest the action by letter to the Maricopa County Board of Supervisors prior to the hearing or in
person at the hearing.
PASSED AND ADOPTED by the City Council of the City of Scottsdale, Arizona this January, 2003. day of
ATTEST: CITY OF SCOTTSDALE, an Arizona
municipal corporation
By. BY
Sonia Robertson Mary Manross
City Clerk Mayor
APPROVED AS TO FORM:
By. -'
David A. Penn rtz
City Attorney
Attachment #S
Page 2of2
JAN-27-2003 13:33
COS COMMUNITY DEU.
480 3127091 P.04
Im"Adipj*PWO! •
Tracts "K", "T' and "P" o.f"CORDILLERA AT COPPERWYND", a subdivision Plat recorded in Book 483
of Maps, Page 08, Records of Maricopa County, Arizona, more particularly desen'bed as follows:
BEGS TNING at the Northeasterly corner of said Tract "K'
THENCE South 39 degrees 14 minutes 57 seconds East, along the Northerly line of said Tract "K",
a distance of 243.71 feet;
THENCE South 59 degrees 20 minutes 26 seconds East, continuing along the Northerly line ofsaid
Tract "K", a distance of 317.41 feet to the Northeasterly corner of said Tract "T;
TFIETNCE South 59 degrees 20 minutes 26 seconds East, along the Easterly lint of said Tract,,I,,,
a distance of 91.04 feet to the Southeasterly comer ofsaidTract "T', saidpoint also being
the Northeasterly comer of said Tract "P";
TIDl NCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract
a distance of 41.55 fret;
TIENCE South 38 degrees 57 minutes 36 seconds East, continuing along the Easterly line of said
Tract "P", a distance of 44.46 feet to the Southeasterly comer of said Tract'P';
THENCE South 83 degrees 07 minutes 30 seconds West, along the Southerly line of said Tract "P",
a distance of 134.36 feet;
THENCE North 79 degrees 22 minutes 24 seconds West, continuing along the Southerlyline ofsaid
Tract'T", a distance of 110.32 feet;
THENCE South 87 degrees 38 minutes 26 seconds West, continuing along the Southerly line ofsaid
Tract "P", a distance of 10297 feet;
THENCE South 32 degrees 50 minutes 4I seconds West; continuing along the Southerly line ofsaid
Tract IF% a distance of 49.85 feet to the Southwesterly corner of said Tract "P", said
point being on the Easterly Right -of -Way Line of Eagle Ridge Drive, as shown oa "MAP
OF DEDICATION FOR EAGLE RIDGE DRIVE" as recorded in Bbok 465 of Maps,
Page 16 of Official Records of Maricopa County, Arizona, sgid point also being on a
curve concave Southwesterly, having a radius of 2035.00 feet and a radial bearing of
South 68 degrees 13 minutes 42 seconds West;
THENCE Northwesterly, along the Westerly line ofsaidTract"P"aid alongthe Easterly Right -of -
Way Line of said Eagle Ridge Drive, along the arc of said curve, through a central angle
of 00 degrees 30 minutes 13 seconds' and an are distance of 17.89 feet;
THENCE North 24 degrees 39 minutes 29 seconds Fast, continuing along the westerly lute of said
Tract " P" and along the Easterly Right -of --Way Line ofsaid Eagle Ridge Drive, a distance
of 30.60 feet to the Northwesterly comer of said Tract "P", said point being the beginning
of a non -tangent curve concave Southeasterly, having a radius of 310.00 feet and a radial
bearing of South 18 degrees 10 minutes 17 seconds East;
Sheet 1 of 4
JAN-27-2003 13:34 COS COMMUNITY DEU. 4e2 3127091 P.05
THENCE Northeasterly, along the N1orthe;ly line of said Tract "P" and along the Easterly Right -of -
Way Line of said Eagle Ridge Drive, along the arc of said curve through a cen!ral angle
of 00 degrees 57 rainutes 31 seconds and an arc distance of 5.19 feet to the Southwesterly
corner of said Tract ' 7";
THENCE North 25 degrecs 49 minutes 41 seconds West, along the Westerly line of said Tract "T'
and along the Easterly Right -of -Way Lire of said Eagle Ridge Drive, a distance of 80.73
feet to the Northwesterly corner of said Tract "J", said point also being the Southerly
Southwesterly corner of said Tract "K";
THENCE North 65 degrees 11 minutes 12 seconds West, continuing along the Westerly line of said
Tract "K" and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a
distance of 32.99 feet to the Westerly Southwesterly corner of said Tract 'x";
THENCE North 22 degrees 14 minutes 49 seconds West, continuing along the Westerly line of said
Tract "K" and along the Easterly Right -of -Way Line of said Eagle Ridge Drive, a
distance of 307.65 feet to a point on the beginning of a tangent curve concave
Northeasterly, having a radius of 765.00 feet and a radial bearing ofNorth 67 degrees 45
minutes 11 seconds East;
THENCE Northwesterly, continuing along the Westerly line of said Tract "K" and along the
Easterly Right -of -Way Line of said Eagle Ridge Drive, along the arc of said curve,
through a ccntral angle of 06 degrees 08 minutes 25 seconds and an arc distance of 81.98
feet returning to the POINT OF BEGINNING.
Containing 1.69 acres or 73,545 square: feet, more or less.
F I : � M. - M_ % M �
North 22 degrees 14 minutes 49 seconds West along the Monument Line of Eagle Ridge Drive (adjacent to
Tract '%") as shown on Plat of "CORDELLERA AT COPPERWYND", Book 483 of Maps, Page 08,
M.aricopa County Recorder - and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE",
Book 465 of Maps, Page 16, Maricopa County Recorder.
Reference is hereby made to the attacbed F_xhibit B drawings.
,r,f; IAPio
Sheet 2 of 4
�.-
1237.1 B01
04/10/02
GT/REC:bls
TOTAL P.05
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