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HomeMy WebLinkAbout2004.0701.TCREM.PacketNOTICE OF REGULAR AND
EXECUTIVE SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Vice Mayor Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh Councilwoman Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
WHEN: THURSDAY, JULY 19 2004
TIME: 6:00 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
(Executive Session will be held in the Building A Teleconference Room)
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a sneaker's card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state
their name prior to commenting and to direct their comments to the Presiding Officer and not to
individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not
to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on
the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any
portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may
be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours
prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or
during a Meeting. Please be respectful when making your comments. If you do not comply with
these rules, you will be asked to leave.
• CALL TO ORDER AND ROLL CALL — Mayor Nichols
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1.) Pursuant to A.R.S. §38-431-03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR:
Discussion or consultation for legal advice with the attorney or attorneys of the public body.
(Specifically, Ljubomir Atanasoff vs. the Town of Fountain Hills)
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols
• INVOCATION — Councilman John Kavanagh
• ROLL CALL — Mayor Nichols
• MAYOR'S REPORT — Mayor Nichols to read a proclamation recognizing the efforts of
volunteers involved with the Community Emergency Response Team.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and
manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"
unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public,
individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter
be placed on a future Council agenda.
CONSENT AGENDA
*1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 6/8/04 and 6/17/04.
*2.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT of the "Edbear Twins
Condominiums", a two -unit condominium declaration of an existing duplex located at 12205 N.
Fountain Hills Boulevard, aka Final Plat 206, Block 8, Lot 5. Case Number S2004-02.
*3.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for " PJW Condominiums", a
two -unit condominium declaration of an existing duplex located at 15079 Escondido Drive, aka
Final Plat 432, Block 2, Lot 4. Case Number S2004-08.
*4.) CONSIDERATION to approve the FINAL PLAT of "Lot 43, Block 1, Plat 505-13", a replat to
join a portion of Tract "C" with Lot 43, located at 16040 N. Boulder Drive; Case #S2004-09.
*5.) CONSIDERATION to approve the PRELIMINARY AND FINAL PLAT for "The RTW
Office Condominiums", a 10-unit office condominium project, located at 13215 N. Verde River
Drive, aka Final Plat 208-13, Case# 2004-11.
*6.) CONSIDERATION to approve the PRELIMINARY AND FINAL PLAT for "Sandman, A
Condominium", a 2-unit residential condominium project, located at 14424 Ibsen Drive, aka
Final Plat 111, Block 5, Plat 2, Lot 2;Case# S2004-10.
*7.) CONSIDERATION of RESOLUTION 2004-29 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the easterly property line of
Lot 7, Block 6, Plat 203 (16507 E. Emerald Drive) as recorded in Book 149 of Maps, Page 29,
Records of Maricopa County, Arizona, with stipulation. EA04-08 (DAC, Inc.)
*8.) CONSIDERATION of RESOLUTION 2004-30 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the northerly property lines
of Lot 23, Block 1, Plat 506C (14940 E. Golden Eagle Boulevard) as recorded in Book 159 of
Maps, Page 31, Records of Maricopa County, Arizona. EA04-09 (Forsberg).
*9.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by Thunderbird Artists for
the Fountain Hills Fine Art and Wine Affaire scheduled for Friday, Saturday and Sunday, March
E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 7-1-04.doc Page 2 of 3 Last printed 6/28/2004 11:38 AM
25, 26 and 27, 2005 from 10:00 a.m. to 6:00 p.m. The event will require the closure of Avenue
of the Fountains from Verde River Drive to La Montana Drive.
*10.) CONSIDERATION of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by the Fountain Hills Downtown Business Community for the Fountain Hills Fine Art & Wine
Tasting Affaire scheduled for March 25, 26, and 27, 2005, from 10:00 a.m. to 5:00 p.m. on
5 min
Avenue of the Fountains.
REGULAR AGENDA
11.) CONSIDERATION of RESOLUTION 2004-28 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the westerly and southerly
property lines of Lot 23, Block 3, Plat 505C (16450 Skyridge Lane) as recorded in Book 158 of
10 min
Maps, Page 42, Records of Maricopa County, Arizona, with stipulation. EA04-07 (Hewitt)
20 min
12.) CONSIDERATION of approving the AVENUE OF THE FOUNTAINS CONCEPT PLAN.
20 min
13.) CONSIDERATION of revising the COUNCIL'S GOALS for fiscal year 2004-05 and an
update on the progress to date on goals.
20 min
14.) CONSIDERATION of RESOLUTION 2004-34, adopting the Town of Fountain Hills Policy
and Procedures for Proposition 202 Funding.
10 min
15.) CONSIDERATION of processing an application for Proposition 202 funding from the Fort
McDowell Yavapai Nation through the Town of Fountain Hills for the FOUNTAIN HILLS
SHERIFF'S POSSE in the amount of $10,500.
10 min
16.) CONSIDERATION of processing an application for Proposition 202 funding from the Fort
McDowell Yavapai Nation through the Town of Fountain Hills for the TOURISM BUREAU of
the Fountain Hills Chamber of Commerce in the amount of $100,000.
5 min
17.) CONSIDERATION of ORDINANCE 04-11, levying upon the assessed valuation of the
property within the Town of Fountain Hills, subject to taxation a certain sum upon each one
hundred dollars ($100.00) of valuation sufficient to raise the amount of estimated to be required
in the annual budget, to provide funds for bond redemptions, for the purpose of paying interest
upon bonded indebtedness; all for the fiscal year ending the 301' of June, 2005.
5 min
18.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths
and weaknesses and discuss possible improvements for future meetings.
5 min.
19.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE.
20.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
8:30 p.m.
21.) ADJOURNMENT.
DATED this 25 h day of June, 2004 i
Bevely . nder, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-
367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information
&
In large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's
office.
E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 7-1-04.doc Page 3 of 3 Last printed 6/28/2004 11:38 AM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Administration
Consent:❑ Regular:[--]
Meeting Date: 7/01/2004
Contact Person: Pickering
Requesting Action:❑
Tvpe of Document Needing Anaroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Proclamation
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
❑ Finance
Regular Agenda Wording: MAYOR'S REPORT - Proclamation to be read by Mayor Nichols
Staff Recommendation: Fiscal Impact: No $
Purpose of Item and Background Information: To recognize the efforts of volunteers involved with the
Community Emergency Response Team.
List All Attachments as Follows: Proclamation
Type(s) of Presentation: Proclamation to be read by the Mayor
Signatures of Submitting Staff:
Department H
To*-W�4anager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
c:\documents and settings\bbender.puttland\local settings\temporary internet files\olk7a\7-1-04 agenda cover sheet.doc
TOWN OF FOUNTAIN HILLS PROCLAMATION
OFFICE OF THE MAYOR
WHEREAS, the Federal Emergency Management Agency of the
Department of Homeland Security created the Citizens Corps Councils to
include the Community Emergency Response Teams; and
WHEREAS, the Federal Emergency Management Agency has been
promoting the nationwide use of Community Emergency Response Teams
since 1994; and
WHEREAS, the Community Emergency Response Teams are groups
of volunteer citizens throughout the United States; and
WHEREAS, the Community Emergency Response Teams are trained
to standards set by the Federal Emergency Management Agency to better
prepare themselves in the event of a community wide emergency; and
WHEREAS, the Town of Fountain Hills recognizes the efforts of
these citizens to better prepare themselves for emergency situations.
THEREFORE, I, W. J. NICHOLS, MAYOR of the Town of Fountain
Hills, Arizona, recognize the efforts of volunteer members of Community
Emergency Response Teams and urge all citizens to become better prepared
in the event of a community wide emergency.
N�
3 4p
�• 02 t9a9
that is An"'
Attest: �.
Bevelyn J. Bq�der, TKwn Clerk
Town of Fountain Hills
To Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 7/1/04
Submitting Department: Administration Contact Person: Pickering
Consent:® Regular:❑ Requesting Action:®
Tvpe 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: draft minutes
Council Prioritv (Check Apnronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: CONSIDERATION of approving the COUNCIL MEETING MINUTES of 6/8/04
and 6/17/04.
Staff Recommendation: Approve Fiscal Impact: No $—
Purpose of Item and Background Information: Approve the draft minutes for archival purposes.
List All Attachments as Follows: Draft minutes from 6/8/04 and 6/17/04.
Type(s) of Presentation: None
Signatures of Submitting Staff:
.,�_
Department
\ C .
Town Manager
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': Pub. Works
Consent:® Regular:❑
Meeting Date: 7/l/04
Contact Person: Molly Bosley, Planning/Zoning Administrator
Requesting Action:®
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Anoronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT of the "Edbear
Twins Condominiums", a two -unit condominium declaration of an existing duplex located at 12205 N. Fountain
Hills Boulevard, aka Final Plat 206, Block 8, Lot 5. Case Number S2004-02.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat
"Edbear Twins Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land
sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed.
List All Attachments as Follows: Staff Report; Final Plat "Edbear Twins Condominium", Application
Type(s) of Presentation: N/A
Signatures of Submitting Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee )
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING DIVISION
�,. STAFF MEMO
TO: Planning & Zoning Commission
T: June 21, 2004
FR: Molly Bosley AICP, Planning & Zoning
Administrator
Case # S2004-02; Preliminary and Final
for Edbear Twins Condominiums
JI�at
M
LOCATION: 12205 N. Fountain Hills Boulevard, aka Final Plat 206, Block 8, Lot 5
REQUEST:
DESCRIPTION:
Consider the Preliminary and Final Plat for "Edbear Twins
Condominiums", a 2-unit condominium project.
OWNER:
APPLICANT:
EXISTING ZONING:
EXISTING CONDITION:
LOT SIZE:
Edbear Construction, Inc.
Edbear Construction, Inc.
"R-2"
Developed
0.23 acres
SURROUNDING LAND USES AND ZONING:
NORTH:
2-unit condominium; zoned "R-2"
SOUTH:
2-unit condominium; zoned "R-2"
EAST:
Single-family residential; zoned "R-2"
WEST:
Ironwood Wash; zoned "R1-35"
SUMMARY:
This request is for approval of the Preliminary and Final Plat "Edbear Twins Condominiums"
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due
to the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed. The Planning & Zoning Commission
approved this plat at their June 24, 2004 meeting.
The owner, Edbear Construction, Inc., has chosen to convert a two -unit duplex and record a
Declaration of Condominium to sell the units individually. The livable area in each unit is 1,785
square feet. Both units have a 2-car garage and covered patio. The property meets all underlying
requirements of the zoning district.
RECOMMENDATION:
Staff recommends approval of S2004-02; Preliminary and Final Plat "Edbear Twins
Condominiums" with the stipulation that the applicant will address all noted plat corrections to
the Town's satisfaction including removing zoning information, verifying
bearings/measurements, and setting corner pins.
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
Date Filed Fee Paid ®. 'Accepted By,
4
Condominium Name
L ct e— It
Condominium Address
I'ktt n i
Legal Description of Lot/Parcel Being Platted
Plat
Parcel Size � . Z
Number of racts
General Plan Land Use Designation pp J
Density Requested (Dwelling U i:::;L
Applicant
Address
e3�3� Al.
Owner
Address
•
Attachments (Please list)
Block Lot(s)
Number of Units
nd Zoning
�x
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Day Phone 51
Z-e .
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Day Phone
City I ST Zip
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Signature of Owner I HERBY AUTHORIZE (Please Print' Gate
TO FILE THIS APPLICATION.
rn
Subscribed and sworn before me this of
_ x da
My Commission Expires T)t�'C
Notary public
OFFICIAL SEAL
kKRISTY BEHAN
.—WPegqhc - State of Arizona
IMP 1 tJOPA COUNTY
T � �441' FcW4f4, P.X(2{Les ec. ,
Fee Schedule Attached
2
NOTICE TO PROPERTY OWNER OF APPEAL RIGHTS
UNDER A.R.S. § 9-500.12.
A.R.S. § 9-500.12.A. requires you, as a property owner, to be notified that
if you have requested from the Town of Fountain Hills approval for the use,
improvement or development of real property and an official or an administrative
agency of the Town has made a final determination that as a condition of your
approval, you must either make a dedication or an exaction and you wish to appeal
the required dedication or an exaction, there is a process in place for that appeal.
The Town of Fountain Hills has retained Mr. Richard W. Garnett, 7272 East
Indian School Road, Suite 109, Scottsdale, Arizona 85251, to serve as a hearing
officer pursuant to A.R.S. § 9-500.12.A.
This right of appeal of a dedication or exaction required does not apply to
those dedications or exaction required in a legislative act of the town Council that
does not give discretion to an administrative agency or an official to determine the
nature or extent of the dedication or exaction.
The appeal must be in writing and signed by the property owner and should
be mailed or filed with the hearing officer within thirty days after the final
determination is made. There is no charge for filing the appeal.
The hearing officer shall schedule a time for a hearing no later than thirty
days after the receipt of the appeal. You as a property owner will be given at least
ten days notice of the time for the hearing of the appeal and only you may agree
to a shorter time period.
At the hearing, the Town of Fountain Hills will have the burden to establish
that there is an essential nexus between the dedication or exaction asked of you and
a legitimate governmental interest. The Town will farther have the burden to show
that the proposed dedication or exaction is roughly proportional to the impact of
the proposed use, improvement or development of your parcel or parcels of land.
The hearing officer shall decide the appeal within five working days after
your appeal is heard.
If the hearing officer either modifies or affirms the requirement of the
dedication or exaction and you as the property owner are aggrieved by the decision,
you may file, within thirty days after the hearing officer has rendered a decision,
a complaint for a trail de novo in Superior Court on the facts and law regarding theissue of the condition or requirement of the dedication or exaction.
At the Superior Court, the Judge has the authority to award reasonable
attorney fees incurred in the appeal and the trial to the prevailing party. The court
may also award damages as are deemed appropriate to the land owner to
compensate for direct and actual delay damages but only upon a finding that the
Town of Fountain Hills acted in bad faith in requiring the dedications or exactions.
A.R.S. § 9-500.12. contains legal rights that are for the benefit of property
owners and this sheet should not be relied upon as anything more than a notice that
Statute exists and that you, as a property owner, have rights. For a further and
detailed explanation of your rights, you should contact your own attorney. The
Town Staff has -been specifically directed not to answer any questions regarding the
appeal process or the trial in Superior Court. You may, however, obtain at no
charge a copy of any of .the written material necessary for you to pursue your rights
under this Statute including, but not limited to, a copy of all Staff reports
concerning your property and minutes of any meeting of the Board of Adjustment,
the Planning and Zoning Commission or the Mayor and Council concerning your
property.
I, as the property owner, certify that I have received a copy of the above and
understand my rights,
Prol2erty Owner
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Pub. Works
Consent:® Regular:❑
Meeting Date: 7/1/04
Contact Person: Molly Bosley, Planning/Zoning Administrator
Requesting Action;®
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv(Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "PJW
Condominiums", a two -unit condominium declaration of an existing duplex located at 15079 Escondido Drive,
aka Final Plat 432, Block 2, Lot 4. Case Number S2004-08.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat
"PJW Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell
project. Due to the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed.
List All Attachments as Follows: Staff Report; Final Plat "PJW Condominium", Application
Type(s) of Presentation: N/A
Signatures of Submitting Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
`%W
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING DIVISION
STAFF MEMO
TO: Plannin & Zoning Commission
DT: June 21, 2004
FR: Molly Bosley AICP, Planning & Zoning
Administrator� �;
RE: Case # S2004-08; Preliminary and Final
Plat for PJW Condominiums
%�/v k6
LOCATION: 15079 Escondido Drive; aka Final Plat 432, Block 2, Lot 4
REQUEST:
DESCRIPTION:
Consider the Preliminary and Final Plat for "PJW Condominiums", a 2-unit
condominium project.
OWNER: Paul J. Wisniewski, Wisniewski Family Trust
APPLICANT: Richard J. Erickson
EXISTING ZONING: 46R-2"
EXISTING CONDITION: Developed
LOT SIZE: 0.3959 acres
SURROUNDING LAND USES AND ZONING:
NORTH:
SOUTH:
EAST:
WEST:
SUMMARY:
Caliente Wash
Single-family; zoned "R-2"
Undeveloped; zoned "R-2"
Single-family; zoned "R-2"
This request is for approval of the Preliminary and Final Plat "PJW Condominiums" Declaration of
Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the
simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed. The Planning & Zoning Commission
approved this plat at their June 24, 2004 meeting.
The owner, Paul J. Wisniewski, has chosen to convert a two -unit duplex and record a Declaration
of Condominium to sell the units individually. The minimum livable unit size is 1,273 square feet
and maximum livable unit size is 1,530 square feet. Both units have a 1-car garage and available
on -site parking for a second vehicle. The property was developed under building permit number
2003-239 and meets all underlying requirements of the zoning district.
RECOMMENDATION:
Staff recommends approval of S2004-08; Preliminary and Final Plat "PJW Condominiums"
with the stipulation that the applicant work with Town staff to clarify the parking for Unit A and
correctly present available parking on the plat map.
PBA 1 /02
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(that
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The Town of Fountain Hills
PUBLIC WORKS DEPARTMENT For Ue
Caseofficial Manager:Oniy
Planninq & Zoninq Division
APPLICATION
Area Specific Plan or Change Preliminary Plat
General Plan Amendment Cut/Fill Waiver
Plan of Development Special Use Permit
Zoning Change SU Comprehensive Sign Plan
Variance HPE Change or Abandonment
NATURE OF THE REQUEST:
PROJECT NAME
c.J
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Mrs. wt: ; ^'� vim° s.✓lu����i =ti�-�� �:Y -nz : ,�=Day F hone L
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Ms.
Mrs.
Mr.
Ms.
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Address: �� 71
Address:
City: State: Zip:`�`�
Day Phone
City: State:._ Zip:
Ifapplicatron is being submitted by someone other than the owner of the property under consideration, the section be/ow
mi, be completed. ( -�
SIGNATURE OF OWNER DATE
�E
- l I HEREBY AUTHORIZE �e"J" "'�sAi✓ TO FILE THIS APPLICATION.
Please Print
�+,
Subscribed and sworn before me this 3� AeRICHARD C. ERICKS
�day of •c, - Ari�n14�
Maricopa County
My Commission w lit My Commission Expires
No ry P lic
FILING DATE:
Application
Page 2 of 7
FEE PAID: ACCEPTED BY:
(See Fee Schedule)
The Town of Fountain Hills
j o vAJ r✓4 %� yQ 1:40WIY
LEGAL DESCRIPTION 'A�1 /No• %3.2,
Plat Name Block Lot
PROPERTY ADDRESS
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PARCEL SIZE (Acres)
NUMBER OF UNITS PROPOSED
ASSESSOR PARCEL NUMBER l ?6—(221253
TRACTS
EXISTING ZONING: f PROPOSED ZONING
Application
Page 3 of 7
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 7/1/04
Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner
Consent:® Regular:[] 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 Annropriate 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 Final Replat "Lot 43 , Block 1, Plat 505-B", a replat to join a
portion of Tract "C" with Lot 43, located at 16040 N. Boulder Dr.;Case #S2004-09.
Staff Recommendation: Approve Fiscal Impact: No
w,. Purpose of Item and Background Information: Patricia L. Vidalin has requested to amend the final plat for
"Lot 43, Block 1, Final Plat 505-B", which would join a portion of Tract "C" to the existing lot. The subject
portion of Tract "C" included in this application was deeded to the property owner of Lot 43 from MCO
Properties, after the utility and drainage easements were abandoned in 1996. The purpose of this final replat is to
"clean-up" the plat and provide the property owner greater use of the property by removing the common lot line.
List All Attachments as Follows: Staff Report; Application & Final Plat reduction
Type(s) of Presentation: None
Signatures of Submitting Staff:
it2;�� vol�zoll_
1partment Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
TOWN COUNCIL MEMO
TO: Honorable Mayor Nichols and Town
DT: June 16, 2004
Council
FR: Dana Burkhardt, Senior Planner 6
RE: S2004-09; Final Replat of Lot 43, Block
1, Plat 505-B and a portion of Parcel "C".
LOCATION: 16040 N. Boulder Drive; north side of Boulder Dr., between
Hesperus Wash and Kim Dr.
REQUEST: Consideration of the Final Replat of Lot 43, Block 1, Plat 505-B
and a portion of Parcel "C", a lot join project.
OWNER: Patricia L. Vidalin
APPLICANT: Patricia L. Vidalin
EXISTING ZONING: "R1-10" Single-family Residential Zoning District
PARCEL SIZE: .269 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Tract "C" and Single family residence; zoned "R1-10"
SOUTH: Single family residence; zoned "R1-10"
**O. EAST: Single family residence; zoned "R1-10"
WEST: Single family residence; zoned "R1-10"
SUMMARY:
Patricia L. Vidalin has requested to amend the final plat for "Lot 43, Block 1, Final Plat 505-B",
which would join a portion of Tract "C" to the existing lot. Lot 43 was developed for a single-
family residence in 1994. In 1996, the Town Council adopted resolution 1996-45, which
abandoned the public utility and drainage easements on Lot 43 and the subject portion of Tract
"C". The subject portion of Tract "C" included in this application was deeded to the property
owner of Lot 43 from MCO Properties, after the utility and drainage easements were abandoned
in 1996. The purpose of this final replat is to "clean-up" the plat and provide the property owner
greater use of the property by removing the common lot line.
Due to the simplicity of this request and the fact that there are no offsite improvements, a fast
track process is being allowed.
EVALUATION:
The existing lot size is .242 acres and is proposed for .269 including the subject portion of Tract
"C". The property was previously disturbed during the development of the lot, in accordance with
the provisions of the Zoning Ordinance. There is no Hillside Protection Easement required for this
subdivision. The proposed replat is in conformance with the underlying zoning designation and
meets all applicable Zoning and Subdivision Ordinances.
�a.. RECOMMENDATION:
Staff recommends approval of the "Final Replat of Lot 43, Block 1, Final Plat 505-B" and a
portion of Parcel "C", with the following stipulations:
1) Remove all Public Utility and Drainage easements from the plat pursuant to resolution
1996-45, and address the noted plat corrections to the Town's satisfaction.
Apr•I0• LUU4 I:OINM
IYO•l114 Y• ..�
PSA 1102
o� The Town of Fountain Hills
k
PUBLIC WORKS DEPARTMENT
ftz91 Plannin & Zonin Division
•,,,, A _
�*3at 3 Ate" 7 r
Area Specific Plan or Change -R&A33161M Plat
General Plan Amendment CUt(Fill Waiver
Plan of Development Special Use Permit
Zoning Change SU Comprehensive Sign Plan
Variance HPE Change or Abandonment
NATURE OF THE REQUEST:
Lo T z-o i N
PR03ECT NAME
For Official Use Only
(Ise Manager.
Mrs. Applicant:- f "Rt�-lam 1... \rDAL trA Day Phone 46o-eio -935mod
Mr.
Ms. Address: 1k7Q`40 I'LEWL-DER `oR. aty A % N State: A-,Z- Zip:
w 14 %S
✓ Mrs. Owner: I'A- 6- - V 11D,'S 1--' "A Day Phone
Mr. 1bC��d�O r1 z
M5. Address: �M,— City:�l-0unL2UtL State 8-2= Zip:.
Tfappiicabbn is being submitted 4y a other dmn the owner of the property under avWderaVon, the m ctron b�eiow
�tatstbe carnpiete�d
SIGNATURE OF OWNS '� DATE 1! 4/
I HERESY AUTHORIZE W1'-RE-C> TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this 1 day of _ _ �,,_�p—
�j4113-
I a �;"NEBNGta►Y PublicMy Commission_Iry ,R, . -)Mira.: Alp :1 )Anr�
FILING DATE: —A0 /L (4
FEE PAID:
(See Fee Schedule)
AppiccrHon
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 7/l/04
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action:®
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of the Preliminary and Final Plat for "The RTW Office
Condominiums", a 10-unit office condominium project; Case #S2004-11.
Staff Recommendation: Approve Fiscal Impact: No _
Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat
"The RTW Office Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a
land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site
public improvements, a "fast track" process is being allowed. The Planning Commission unanimously
recommended approval at their June 24, 2004 meeting.
List All Attachments as Follows: Staff Report; Application & Final Plat reduction
Type(s) of Presentation: None
Signatures of Submitting Staff:
,. �' ..0! ANT in,
Budget Review
(if item not budgeted or exceeds budget amount)
% V4-\
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
TOWN COUNCIL MEMO
TO: Chairman Downes and the Planning &
Zoning Commission
DT: June 17, 2004
FR: Dana Burkhardt, Senior Planner
RE: Preliminary and Final Plat "The RTW
Office Condominiums"; Case # S2004-11
LOCATION: 13215 N. Verde River Drive, aka Final Plat 208-B.
REQUEST: Consider the Preliminary and Final Plat for "The RTW Office Condominiums", a
10-unit office condominium project.
PROJECT MANAGER:
DESCRIPTION:
OWNER:
APPLICANT:
EXISTING ZONING:
Dana Burkhardt, Senior Planner
EXISTING CONDITION:
LOT SIZE:
The Rita Elias Survivors Trust
George N. Elias, Trustee
"C-2 Planned Shopping Overlay" Intermediate Commercial
Zoning District
Developed
.406 acres
1%1W SURROUNDING LAND USES AND ZONING:
NORTH: Commercial Offices; zoned "C-2 Planned Shopping Overlay"
SOUTH: Vacant; zoned "C-2 Planned Shopping Overlay"
EAST: Commercial Offices; zoned "C-2 Planned Shopping Overlay"
WEST: Commercial Offices; zoned "C-2 Planned Shopping Overlay"
SUMMARY:
This request is for approval of the Preliminary and Final Plat "The RTW Office Condominiums"
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to
the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed.
The owners, The Rita Elias Survivors Trust, have chosen to convert a ten -unit commercial office
complex and record a Declaration of Condominium to sell the units individually. The building has a
maximum condominium area of 2,072 square feet and a minimum condominium area of 651 square
feet. The property was developed under building permit #99-409, and received a certificate of
occupancy on Nov. 23rd, 2000.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval of S2004-11; Preliminary Plat and staff
recommends approval of the Final Plat "The RTW Office Condominiums".
The Town of Fountain Hills
NATURE OF THE REQUEST:
PROJECT NAME
Mrs.
Mr.
Ms.
Mrs.
Mr.
Ms.
PUBLIC WORKS DEPARTMENT
Plannina & Zeninn nivicinr.
PBA 1102
Saoo y — ) 1
Applicant:C Day Phoneme-� `�" r/
Address: 1 Qom +; 4rCity ,tate: Zip:
Owner: �� �cLias� '�z,£�C
Day Phone
Address:
City: State: Zip:
Ifappiicaflon is being submitted by, someone other don the owner of Me property ,must be completed, underrnnsideratuMr, the section below��
SIGNATURE OF OWNER C- c 1
I HEREBY AUTHORIZE I"-C2o G na n It O ti ( P ► TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of 20 :�j
AN U 2 L00'
Application
Pooe 2 of 7
My Commission
.1�-� I . I ► cry
FEE PAID: `1 �� 00 ACCEPTED
(See Fee Schedule)
PBA 1102
The Town of Fountain Hills
LEGAL DESCRIPTION
Plat Name - Block
Lot
PROPERTY ADDRESS
PARCEL SIZE (Acres) U- 4 0G S`
ASSESSOR PARCEL NUMBER 1 7 b- Z S- Z6 0
NUMBER OF UNITS PROPOSED / TRACTS
EXISTING ZONING: G - ? PROPOSED ZONING
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 7/1/04
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action:®
TVDe of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of the Preliminary and Final Plat for "Sandman, A Condominium", a
2-unit residential condominium project.; Case #S2004-10.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat
"Sandman, A Condominium" Declaration of Condominium, which subdivides cubic airspace, and is not a land
sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed. The Planning Commission unanimously recommended
approval at their June 24, 2004 meeting.
List All Attachments as Follows: Staff Report; Application & Final Plat reduction
Type(s) of Presentation: None
Signatures of Submitting Staff:
V12,A400,w.�. e
Budget Review
(if item not budgeted or exceeds budget amount)
J
W�
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
TOWN COUNCIL MEMO
TO: Honorable Mayor Nichols and the Town
DT: June 23, 2004
Council
FR: Dana Burkhardt, Senior Planner
RE: Preliminary and Final Plat "Sandman, A
ZP.;>
Condominium"; Case # S2004-10
LOCATION: 14424 Ibsen Dr., aka Final Plat 111, Block 5, Lot 2.
REQUEST: Consider the Preliminary and Final Plat for "Sandman, A Condominium", a 2-unit
residential condominium project.
PROJECT MANAGER: Dana Burkhardt, Senior Planner
DESCRIPTION:
OWNER: Daniel Sandoval
APPLICANT: Daniel Sandoval
EXISTING ZONING: "R-2", Multi -family Residential
EXISTING CONDITION: Developed
LOT SIZE: .35 acres
SURROUNDING LAND USES AND ZONING:
NORTH:
SOUTH:
EAST:
WEST:
61 %oil I ► I M.�•f�
Duplex; zoned "R-2"
Legend Wash; zoned "R-2"
Duplex; zoned "R-2"
Duplex; zoned "R-2"
This request is for approval of the Preliminary and Final Plat "Sandman, A Condominium" Declaration of
Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this
request and the fact that this project does not involve any off -site public improvements, a "fast track"
process is being allowed.
The owner, Daniel Sandoval, has chosen to convert a two -unit duplex and record a Declaration of
Condominium to sell the units individually. The building has livable areas of 1,760 square feet. Each unit
has a two -car garage and covered patio. This property was developed prior to the Town's incorporation,
under Maricopa County building permit #84-2163. The plat map survey shows the northern portion of Unit
"B" garage encroaches approximately .3' into the minimum required front yard setback. The owners are
aware that this condition is legal non -conforming to current ordinance, and improvements to this portion of
the property are subject to the restrictions outlined in Chapter 3 of the Zoning Ordinance.
RECOMMENDATION:
The Planning Commission recommends approval of S2004-10; Preliminary Plat and staff recommends
approval of the Final Plat "Sandman, A Condominium", with the stipulation that prior to recordation the
applicant apply to abandon the existing utility easement along the north property boundary, and that all
Itw future construction on this property conform to Chapter 3 of the Zoning Ordinance.
The Town of Fountain Hills
N'
0
3��
fat is AnY,
PUBLIC WORKS DEPARTMENT Case MaFar Manager:fficial Use Case
Planning & Zoning Division
Area Specific Plan or Change
General Plan Amendment
Plan of Development
Zoning Change
Variance
NATURE OF THE REQUEST:
PROJECT NAME
Preliminary Plat
Cut/Fill Waiver
Special Use Permit
SU Comprehensive Sign Plan
HPE Change or Abandonment
---
Mrs. Applicant: Day Phone/ 7S 0
M r.
Ms. Address: -�U d ° �` •�� f� (c r � � ,? ,�'L city:' :mac G rR 1,r
Ci State: Zip:
Owner:
Address: (_ '�h> ` A.S; j
City:
lo
Day Phone �� �s 0
State: Zip:
If application is being submitted by someone other than the owner of the property under consideration, the section below
must be completed, z
SIGNATURE OF OWNE�— t ' �� �DATE
I HEREBY AUTHORIZE
Please Print
Subscribed and sworn before me this day of
TO FILE THIS APPLICATION.
Notary Public My Commission Expires
-7 3
FILING DATE: `5! f V T FEE PAID: 46 6 • ACCEPTED BY:
(See Fee Schedule)
Application
Page 2 of 7
20
PBA 1;'02
The Town of Fountain dills
LEGAL DESCRIPTIONrl-
Plat Name � Block Lot
PROPERTY ADDRESS �/ 7,?7
PARCEL SIZE (Acres) /� ` JJ Ac ASSESSOR PARCEL NUMBER �`� ��
NUMBER OF UNITS PROPOSED
EXISTING ZONING:
wr.
Application
Page 3 of 7
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 7/1/04
Contact Person: Tom Ward
Requesting Action:®
TVUe 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 Annrooriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: Consideration of RESOLUTION 2004-29 abandoning whatever right, title, or
interest the Town has in the public utility easement located at the easterly property line of Lot 7, Block 6, Plat 203
(16507 E. Emerald Drive) as recorded in Book 1.49 of Maps, Page 29, Records of Maricopa County, Arizona.,
with stipulation. EA04-08 (DAC, Inc.)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment submitted May 24, 2004.
List All Attachments as Follows: Staff memo, resolution, exhibits
Type(s) of Presentation: None
Signatures of Submitting Staff:
Dep rtment Head
Town Manager
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: June 4, 2004
FR: Art Candelaria, Civil Enginee
RE: Easement Abandonment 04-08
Randy Harrel, Town Engineer's
16507 E. Emerald Drive
Reviewed: Tom Ward, Director f ublic Works
Plat 203, Block 6, Lot 7
This item on the Town Council's agenda is a proposal to abandon a portion of the twenty (20) foot
public utility and drainage easements located at the easterly property line of Lot 7, Block 6, Plat
203, (16507 E. Emerald Drive) as shown in Exhibit "A". The property owners of Lot 7 desire the
assurance that any future improvements made to the lot will not be infringed upon by the
construction of utilities. All affected utility companies have been notified of this abandonment
proposal and have approved of the proposed abandonment of this public utility easement. The
northerly 10' of the easterly 20' public utility easement will be retained for existing and potential
future utility boxes. The southerly end of the drainage easement will be retained for the drainage
flow in Kingstree Wash.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
fir. the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain a portion of the drainage easement
proposed to be abandoned, with the understanding that certain lots within this subdivision are
subject to lot -to -lot drainage runoff. The property owners of Lot 7 are required to pass the
developed flows generated by the upstream lots across their property.
Staff recommends approval of Resolution 2004-29, subject to the following stipulation:
• Grant additional drainage easement width at the rear of the lot to encompass the currently
undelineated flood plain width of Kingstree Wash. (In lieu of that extensive drainage
calculation, the Town will accept an additional 60' wide drainage easement grant as shown on
Exhibit A.)
Enc: Resolution
Exhibit A
Exhibit B (Aerial photo w/contours
DAC, Inc.
Aearth\BBrannon\Abandonment Letters and Resolutions\EA04-08 - 203-6-7.doc
RESOLUTION 2004-29
\.• A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE
CERTAIN TWENTY (20') FOOT PUBLIC UTILITY EASEMENT ALONG
THE EASTERLY LOT LINE OF LOT 7 BLOCK 6, OF PLAT 203,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS,
PAGE 29, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
,*r SECTION 1. That a portion of the certain twenty (20) foot public utility easement, located
along the easterly property lot line of Plat 203, Block 6, Lot 7, Fountain Hills, as recorded in book
149 of maps, page 29 records of Maricopa County, and as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the
Town.
SF.C'TION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2004-29, 203-6-7 EA04-08.doc
1
,%.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
July 1, 2004.
FOR THE TOWN OF /OUNTAIN HILLS: ATTESTED TO:
bill
W. J. Nic ols, ayor Bevelyn JIBWder, Town Clerk
REVIEWED BY. -
Timothy G. Pickering, Town Manager
Resolution 2004-29, 203-6-7 EA04-08.doc
2
APP OVED AS TO FORM:
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 203 BLOCK 6 LOT 7
z�
---_� Cif LOT 32
20.0'
15'00" INo
4.9A
1
i
RETAIN 10' P.U.E.!
ABANDON D.E. 1
1
!
!
� I
c� 1
cr_ 1
ct 1
rn !
LOT 6 f
w BUCK 6 W 1
1
R LOT 7 !
o c i
0 ABANDON 20' �Z 1
Z P.U.E & D.E. 1;
1
1
1
NEW 60' D.E. 1
BY SEPARATE -
INSTRUMENT I
_ 1I
w�
w
0 25' 50'
87'57'09' E
SCALE: 1" = 50' 137.15' -
N RETAIN 20'
DATE: 6-1-04 o P.U.E & D.E.
16545
RANDY L
HARREL
RANDY L.
HARREL
IL
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "B" (NOT FOR RECORDING)
PLAT 203 BLOCK 6 LOT 7
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 7/l/04
Contact Person: Tom Ward
Requesting Action:®
Tyne of Document Needing Approval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: Consideration of RESOLUTION 2004-30 abandoning whatever right, title, or
interest the Town has in the public utility easement located at the northerly property line of Lot 23, Block 1, Plat
506C (14940 E. Golden Eagle Blvd.) as recorded in Book 159 of Maps, Page 31, Records of Maricopa County,
Arizona. EA04-09 (Forsberg)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and BacklZround Information: Request for abandonment submitted May 24, 2004.
List All Attachments as Follows: Staff memo, resolution, exhibit
Type(s) of Presentation: None
Sil4natures of Submitting Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
i�
Town Manager
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: May 26, 2004
ngine 4
FR: Art Candelaria, Civil Engine,,
RE: Easement Abandonment 04-09
Randy Harrel, Town Engineer �� 1,
14940 E. Golden Eagle Blvd.
Reviewed: Tom Ward, Director of ub is Works
Plat 506C, Block 1, Lot 23
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
and drainage easements located at the northerly property line of Lot 23, Block 1, Plat 506C, (14940
E. Golden Eagle Blvd.) as shown in Exhibit "A". The property owners of Lot 23 desire the
assurance that any future improvements made to the lot will not be infringed upon by the
construction of utilities. All affected utility companies have been notified of this abandonment
proposal and have approved of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 23 are required to pass the developed flows generated
by the upstream lots across their property. (Note: All drainage from developed parts of this lot
shall be routed to flow to Golden Eagle Blvd., with the future house construction.)
Staff recommends approval of Resolution 2004-30
Enc: Resolution
Exhibit
Dale Forsberg
Arthur & Lila Eisenhower
Barbara Jordan
John & Helen Cooke
Walter Luchaka
\\earth\BBrannon\Abandonment Letters and Resolutions\EA04-09 - 506C-1-23.doc
RESOLUTION 2004-30
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE
CERTAIN TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE
NORTHERLY LOT LINE OF LOT 23 BLOCK 1, OF PLAT 506C,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS,
PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility easement, located
along the northerly property lot line of Plat 506C, Block 1, Lot 23, Fountain Hills, as recorded in
book 150 of maps, page 31 records of Maricopa County, and as more particularly described in
Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned
by the Town.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2004-30, 506C-1-23 EA04-09.doc
1
PASSED AND
July 1, 2004.
FOR THE
W. J. Nichols,
REVIEWED BY
BY the Mayor and Council of the Town of Fountain Hills,
AIN HILLS:
Timothy"G. Pickering, Town Manager
Resolution 2004-30, 506C-1-23 EA04-09.doc
2
ATTESTED TO:
i�
Bevelyn J. B nd , Town Clerk
APPROVED AS TO FORM:
- n f Y�,2,4
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506C BLOCK 1 LOT 23
N
WE
S
0 20' 40'
SCALE: 1" = 40'
DATE: 6-1-04
IG545
RANDY L.
a HANREL
RESOLUTION 2004-30
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE
CERTAIN TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE
NORTHERLY LOT LINE OF LOT 23 BLOCK 1, OF PLAT 506C,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS,
PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements, or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers .of, dedication of,
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of' the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility easement, located
along the northerly property lot line of Plat 506C, Block 1, Lot 23, Fountain Hills,. as recorded in
book 150 of maps, page 31 records of Maricopa County, and as more particularly described in
Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned
by the Town.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2004-30, 506C-1-23 EA04-09.doc
rr.
N
PASSED AND
July 1, 2004.
FOR THE TgWkOk
W. J. Nichols,
REVIEWED
BY the Mayor and Council of the Town of Fountain Hills,
AIN HILLS:
Timothy G. lhckering, Town Manager
Resolution 2004-30, 506C-1-23 EA04-09.doc
2
ATTESTED TO:
Bevelyn J. B nd Town Clerk
APPROVED AS TO FORM:
n ! /t nn
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506C BLOCK 1 LOT 23
N
WE
S
0 20' 40'
SCALE:
��
DATE: 6-1-04
?`5d5
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 7/l/04
ContactPerson': Tom Ward
Requesting Action:®
TVne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
® Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education ❑ Public Fitness
❑ Public Safety ® Community Activities
❑ Public Works ❑ Human Service Needs
❑ Town Elections ❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda' Wording: Consideration of the special event request submitted by Thunderbird Artists for the
Fountain Hills Fine Art and Wine Affaire scheduled for Friday, Saturday and Sunday, March 25, 26 and 27, 2005
from 10:00 a.m. to 6:00 p.m. The event will require the closure of Avenue of the Fountains from Verde River
Drive to La Montana.
14, Staff Recommendation: Approve Fiscal Impact: No _ —
Purpose of Item and Background Information The Sheriffs Office will be working closely with Thunderbird
Artists to insure that all aspects of traffic control, security, and public safety are addressed. The applicant has
obtained tentative permission from various organizations to use their property for event parking and a signage
plan is on file. A certificate of insurance will be on file prior to the event. Thunderbird Artists will provide three
attendants to protect the parking for the Community Center plus someone for traffic next to Bank One on Friday
and Saturday. Sheriffs officers will guard the exits at the fence openings. The Sheriff's office has worked with
Thunderbird Artists on other events and is familiar with how the events are run.
List All Attachments as Follows: Staff memo and application.
Type(s) of Presentation: None
Signatures of Submitting Staff:
D partment Head
Town Manager I
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO:
Honorable Mayor and Town Council
DT:
June 15, 2004
FR:
Tom W d, irector of Public Works
RE:
Fountain Hills Fine Art & Wine Affaire
1
Thunderbird Artists has submitted a request for a Fine Art & Wine Affaire sponsored by the
Downtown Business Community. The event will be held Friday through Sunday, March 25-27,
2005 from 10:00 a.m. to 5:00 p.m. The event will require the closure of Avenue of the
Fountains from Verde River Drive to La Montana. The street will be closed at 5:00 p.m. on
Thursday, March 24, and re -opened at 6:00 a.m. on Monday, March 28. The Sheriff's Office
will be working closely with Thunderbird Artists to insure that all aspects of traffic control,
security, and public safety are addressed. The applicant has obtained tentative permission from
various organizations to use their property for event parking and a signage plan is on file. A
certificate of insurance will be on file prior to the event.
Thunderbird Artists will provide three attendants to protect the parking for the Community
Center plus someone for traffic next to Bank One on Friday and Saturday. Sheriff's officers will
guard the exits at the fence openings. The Sheriff's office has worked with Thunderbird Artists
on other events and is familiar with how the events are run.
The application indicates that wine and micro -brew will be included with the event. The
Fountain Hills Downtown Business Community has applied and their application also appears on
this agenda.
This application was received on April 19, 2004 and complies with the major event provision for
90-day submittal. The Special Events Committee recommends approval.
\\eardABBrannon\Specia1 Events\FH Fine Art & Wine Affaire.doc
Special Event
Permit Application
Town of Fountain Hills
Office of the Town Clerk, Special Event Coordinator
P.O. Box 17958, 16836 E. Palisades
Fountain Hills, AZ 85268
Phone: 480-837-2003
Fax: 480-837-3145
Date of Application: L Q S E Pa 00 fPermit APP
Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax
the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee
schedule, please see Section 11.)
Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or
right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc.
Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event
in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications
will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not
accompanied with the appropriate fees, will not be processed.
Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event.
Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications
not accompanied with the appropriate fees, will not be processed.
NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in
one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable
Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty-
five (25) days between the last day of one major event and the first day of another major event. Two or more separate events
may not occupy the same location on the same calendar day.
Section 1 l �iY1B 5
Application
Information
(Must be completed)
—On-Site Event Manager's Address Phone(work) one(home)
Section 2 �OU/VT AI &MG 5 ,C/il/E
Application Name of vent
Information tl
/v �Ie- i��
(Must be completed) Location of Event/Street AJJress
Any changes shall be I event is on private property provide: Owner's name Phone
submitted to the _
Clerk's office prior to �`} �., /l /{ /� (� �j Vd l241 Z—A
the end of the 15t day Physical tarting Pointo event
of the event. 7'C: / v
CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other:
ystc emmnation Point of even[ If the event is to take place on City Property, compPe Section
67 D.S� /d,4� — - oo p/s7
Dateks) of Event60� s o yen
l4 TER S.'60 1n �%I,4 6// a - -
Date�meEvent dinator will begin to set up or the event. _
77 /-{w a
Promoter of the event.
Promoter's Address � O� � Pro moter's Phone
Sponsor(s) of the Event
ponsor s address ponsor s Phone
If the event involves usorshie or participation of a charity, provide the following:
Attach an additional sheet if arty s //ame 01(c) Number
necessary. _
vZ la 7 ,�{ / !/�7�
5�' — 8� �.�DD % �
Charity's A /
Address _DU�rA/N WI- an s s-
Has this event ever been held at another location? Yes
If Yes, please provide the following:
Date(s) Location(s)
�'different from above)
Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes No
If Yes, please explain:
Will there be an a}ion charge: Yes
If Yes, how much? / OK*_� 0 U II
Will there bean amplified entertainment? _ Y
If Y ,what type?
Attach an additional sheet iif
Will there be live entertainment. Yes
necessary.
If Yes, complete the following:
Attach an additional sheet if
necessary. -- -- ------------ ---- -
Item
❑ No
Price(s) Tax ID #
Attach an additional sheet if Will there be any contracted concessionaire caterers.. es 0 No
necessary. If Yes, please provide the following information: (Attach on additional sheet ifnecessory)
Name of Concessionaire/Caterer Address Phone Items sold Tax ID #
Town of Fountain Hills Special Event Application
Page 2 of 10
Ij
How close are the nearest residences tot the event.
Attach an additional sheet if Will there be artists? I Yes
necessary. If Yes, please provide the fol owing information:
Flyers/Posters F/ Yes
Attach an additional sheet if List
necessary.
Section 3
Event Special
Features
(Please complete those
applicable and include a
site plan.
Event features may
require inspection
and/or special permits
from building,
engineering, fire,
and/or health
departments
Will there be animals involved? If yes, please explain. ❑ Yes �No
Will the Event include any of the following: ❑ Yes ❑ No If Yes, be advised that event features may require an inspection
and/or special permit from the building, engineering, fire, and/or health departments.
Tents or Canopies 0 Yes Ei No
Note: If more than I tent or canopy is being used,
a site plan must be provided. if Yes, please pro ide a following information:
Number of Tents/Canopies �tJ ,D
Contact
Phone
Open Flames or Cooking ❑ es ❑ No If Yes, please provide the following information:
Company Name:
Contact
Fireworks es o If Yes, please provide the following information:
Company Name:
Address
Phone
Phone
TemporaryFencing/Structures Yes No If Yes, please provide the following information:
Company Name: O�
Address
Phone
Town of Fountain Hills Special Event Application
Page 3 of 10
The site of the event
must be adequately
served by utilities and
sanitary facilities
Company
Phone Number
Port -a- o aste Control No If Ye3, please provide the following information:
The site ofthe event must be adequately served by utilities and sanitaryfacilities. Company
�zy
Provide a site plan clearly
depicting the location of all
signage, directional and/or
promotional that will be
used in conjunction with
the event.
Si na a shall not be posted
earlier than two weeks
prior to the first day of the
event and must be removed
within 48 hours following
the event conclusion.
Electrical Services/Generators ❑ es o If Yes, please prone the following information:
Company Name
Phone
Carnival/Amusement Rides ❑ es No If Yes, please provide the following information:
Company Name:
Phone
Lighting/Spotlights ❑ es 15zf No
If Yes, contact the Community Development Department as a special permit is required
Provide the following information:
Company
Signs/Banners K Yes ❑ o
If Yes, contact the Community Development Department as a special permit is required.
Provide the following information
Company
O ate es ❑ es o
If Yes, contact the Community evelopment Department as a special permit is required.
Provide the following information.
Phone Number
Phone Number
Town of Fountain Hills Special Event Application
Page 4 of 10
Other — Description of any other activities at the event.
Section 4
Streets/Traffic
Complete those areas,
which are applicable,
and include on a site
plan showing all
requests.
Will the event requuiire closure or use of any of the following (Provide a parking plan ade/gpuate to accommodate anticipated attendees):
CityStreets �( Yes ❑ No If Yes, provide the following 5� �1 P o N -rk � a `4T� AF7eA� ��/Y�
Street ���lll From/To Street Dates Time(s): 6 p fM
,� "'�,
Sidewalks ❑ Yes taf No
Sidewalk From/To
Sidewalk
mkgtN a L4
Date(s) Time(s)
771 tyA eys Yes No If Yes, provide the following:
Alley From/To Alley Date(s) Time(s)
Parking on the property u is or ing Lots es ❑ No If Yes, provide thefollowing:
must be adequate to (If parking is to be on private property, written permission of the property owner must be included with the application.)
serve any existing Parking Lot Date(s) Time(s)
permanent uses as well
as the special event use.
Section 5 `` //
Use of Town Facilities Will any Town Facilities be used? ! Yes No
Complete those areas,
which are applicable, If Yes, provide the location(s).
and include on a site
plan showing all
requests.
If additional locations
are requested, please
attach a site plan
showing additional
locations and services
needed.
Will any Town Electric or Water hookups be used? he4es No
Pager (if applicable) Cell Phone it apptrca Message 4 (if applicable)
,41 A-Ptc-P z S —A �
Town of Fountain Hills Special Event Application
Page 5 of 10
ow
a
Section 6
Event Security
(Must be completed)
Will the event be using private security? ❑ Yes X No
Security Company:
If Yes, please provide the following:
Phone
Contact Person Phone (if different than above)
Number ofpersonnel contracted or.
Scheduled ours personnel will be aFthe event:
Will e event be requesting the services ofthe Fountain 11ills Marshals epartment es ❑ o
If Yes, please provide the following:
Town of Fountain Hills Marshals Department Contact Person Phone
Number of personnel contracted or
Scheduled ours personnel will be at the event:
o schedule Deputy Marshals, please cOfficers must be scheduled a minimum of three weeks prior to the event.
*After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide
above information as an amendment to the application before an event permit will be issued.
Section 7
Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes -)�No If Yes, please provide the following:
Services
(Please complete items,
which are applicable.) Rural Metro Contact Person one
Section 8
Alcohol
(Please complete items,
which are applicable.)
Number of personnel contracted for:
To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scneauiea a muumum or uuee weexs pnur w mo
event. 'After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services
are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may
be required to provide a tent, cots, ice and water.
Will there be alcohol at the event? ❑ Yes ❑ No If Yes, please provide the following:
Will the alcohol be given away? ❑ Yes X%to
s alcohol included in the admission price to a event ❑ Yes o
This applies to charitable, religious, fraternal or political groups only.
If you answered es to any of the above, a liquor license is required. Whichtype o icense wi a used for the event
Town of Fountain Hills Special Event Application
Page 6 of 10
it apipjying tot a Special E ent Liquor License, the following must be provided:
ChanOU�r/f/�ill%
ty'ss o�Qanization's Name c er
A letter from the charity or organization agreeing to participate as the agent for the special even[ liquor license is required and must accompany
the original event appliicaa'on.
ame of t,omact at t.nanty or
On -Site Agent Responsible for Liquor
site plan showing locations ofalcohol service areas, type and height of fencing, and security check areas must be provided and correspond to
the description of the controls above. Describe how attendees over the age of 21 will be identified.
Will more than o ofthe gross revenues derived from the event be derived trom alcohol sales? ❑ Yes ❑ No
Section 9
Parade Information
(Please complete items,
which are applicable.) Assembly Area Time
Disassembly Area Time
Number of Units
Description of the units (motorized, animals, floats, and sound amplification?)
Attach a proposed route and indicate assembly and disassembly areas.
Town of Fountain Hills Special Event Application
Page 7 of 10
Section 10
Insurance
Requirements
Section 11
Fees
Note:
Town of Fountain Hills
A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE
in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less
than $1 million combined single limit personal injury and property damage covering owned and non -
owned auto liability, premise liability and comprehensive general including product liability where
indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town
as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and
amusement companies. Copies of all certificates of insurance required must be attached and must show
the name of the event and dates of the coverage prior to the issuance of the event permit. For more
information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837-
2003. All companies must be licensed, or authorized to do business in Arizona.
A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event
application. Applications received without the application fee will not be accepted. A commercial event
sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500
application fee. Once a major event application is approved by the Town Council , the applicant shall
submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees.
Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.13
shall pay an application fee of one hundred dollar ($100).
Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits
and rental fees where applicable. The Town reserves the right to require charitable nonprofit
organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering,
etc. to insure that public safety standards are met. This exemptions does not apply to commercial events
sharing sponsorship with charitable non-profit organizations.
• Application fees must be submitted with the application. Applications received without the
appropriate fees will not be accepted.
• The deposit shall be paid not more than thirty (30) days after Town Council approval of the major
events calendar. If the deposit is not received within the specified time, the event will be removed
from the major events calendar and the event will be cancelled.
• The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the
terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all
-----non-permit--fees or issued - -refund- refund - after the - Ton expenditure - review.
the-Townexpenditure------------------------------------------------
A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the
landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a
deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned
satisfactorily and no damage occurs, the deposit will be returned.
Special Event Application
Page 8 of 10
Special Event
Application Fee
$500
Or FEE SUBMITTED WITH APPLICATION
Charitable/Non-
profit Application
Fee $100
Estimate of Event Costs
For use by Staff'
Make checks payable to the Town of Fountain Hills
PERMIT FEE:
$
LAW ENFORCEMENT FEE:
$
TRAFFIC ENGINEERING FEE:
$
® FIELD SERVICE FEE:
$
CLEANING/DAMAGE DEPOSIT:
$
FIRE SERVICE FEE:
$
BUILDING SAFETY FEE:
$
ENGINEERING FEE
$
PARKS & RECREATION FEE:
$
OTHER FEES:
DEPOSIT TOTAL
$
Town of Fountain Hills
Special Event Application
Page 9 of 10
A
Section 12
Certification I hereby certify that the statements made in this application are true and complete to the best of my
(Must be completed) knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of
information is sufficient grounds for denial of the application and subsequent revocation of the permit. I
understand that all transactions in the course of the event are subject to any applicable city, county, and/or
state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the
Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims,
liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting
from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event
applied for.
Section 13
Fees Receipt
FOR USE BY
STAFF ONLY
Section 14
Administratively
APPROVED
or
Administratively
DENIED
COUNCIL
COUNCIL
Town of Fountain Hills
Signature of Audiorizedgent of Applicant not Name Here
Application Fee Received:
Check# 3 a ) S
1/00 r;
Charitable Application Fee Waived:
Statute:
Estimate of Event Costs Collected:
Date Received: 4' oZ 7-Of
Check. Date Received:
Staff Signature
❑ , 20_
❑ ,20_
Staff Signature Date
❑ Approved at the : / , 20 ZTown Council Meeting.
❑ Denied at the / — / , 20_4own Council Meeting.
Special Event Application
Page 10 of 10
W8
r
I
mw
-rfv14 nl �e, 4 ir, Arti5tS 15648 N. Eagles Nest Dr, Fountain Hills, AZ 85268
June 14, 2004
Dear Betty,
The Fountain Hills Downtown Business Community and Thunderbird Artists would
like to thank you and your staff for meeting with me regarding the Fountain Hitts
FGne Art & WGne hf faGr e,.
As requested, I'm enclosing the businesses that signed our petition in favor of our
event.
As discussed at the meeting, I will provide three attendants to protect the parking for
the F.H. Community Center plus someone for traffic next to Bank One for Friday and
Saturday. We will also have seven sheriff's officers to guard the exits at the fence
openings. Like I mentioned in the meeting Thunderbird Artists has worked with the
Sheriffs Department for many years and we all work very well together and they are
familiar with how we run our events.
The show hours for the event run from loam to 5pm each day. The artists set up
Thursday after 5pm as not to interfere with the shops and their traffic. Our booths are
either 10'x10'.
Betty, if you should need any additional information, please feel free to contact either
myself at 480-837-5637 or Jim Heasley at 480-837-2010 or 480-695-2812.
Sincerely,
ke� 4
Judi Combs
Thunderbird Artists
E
, It
15648 N. Eagles Nest Dr * Fountain Hills, AZ 85268
Tf,un> e4irc artists A*
Dear Merchants,
June 11, 2004
The Fountain Hills Downtown Business Community and Thunderbird Artists proudly
present the Fowntain HGtts Fine Art du wine RffaGre, .marvh 25, 2-6 JU 27, .zOOS with
hours beginning 10am running to 5pm each day (artists set up Thursday after 5pm).
Because of wine tasting the entire event will be fenced with openings positioned to drive
the patron traffic towards the merchant's shops. The show begins at Verde River Drive
west to La Montana Drive with the artists situated on grass and street to the north side.
Thunderbird Artists is paying for all street signage, merchant parking signage, posters,
magazine and newspaper advertising, production and cost of television commercials,
radio, patron postcards, shopping bags for coupons, etc. We will send out press releases,
have articles written, positioned in calendars of events, etc.
The one thing that would be appreciated from the merchants is being responsible for
sectioning off their own parking spaces with the signage designed, printed and paid for by
Thunderbird Artists. Only you know where your clients park for your businesses and your
boundaries.
You need to know that Thunderbird Artists will never draw the crowds that you are
used to with the Fountain Hills Fair as our market is exclusive to fine art patrons; therefore,
we are anticipating approximately 20,000 to 30,000 patrons for a first year's event.
Members of the non-profit organization, Fountain Hills Downtown Business
Community, approached Thunderbird Artists to produce this fine art event with its quality
patrons following to further enhance their Downtown image and help promote the
downtown business community financially. We know that you have received prior
information regarding this fine art affaire but would appreciate your signature showing
that you have been notified and are in favor of this event.
Thank you for your trust and support for the Fountain Hills Downtown Business
Community and their efforts to make this a grand success.
Sincerely
A"'/'
nbs
www.th nderb -rd artists.com
Fountatn Hats FGne Art 9c wim eaGre
,Mar'ch ZS, Z6 (t� .Z7, .ZOOS
r
NAME AE)DR E-56 DATE
Ln
m
}/Y-o
MSN Hotmail - Message
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From : <Plat208@aol.com> 4 1 II Inbox
Sent : Tuesday, June 1, 2004 1:09 PM
To : info@thunderbirdartists.com
Subject : WEB MESSAGE: This is an email message sent through TBA-Web
Below is the result of your feedback form. It was submitted by
(Plat208@aol.com) on Tuesday, June 1, 2004 at 15:09:59
---------------------------------------------------------------------------
name: Lowell Janson
company: Plat 208 Property Owners Assn
phone: 480-837-5240
fax: 480-837-5213
comments: Judy;This is hard copy follow up to our phone conversation this date
relative to your/Downtown Business Communty request to rent the parking lots of
our association for a show in 2005.
As I said on the phone, the informal polling of our board of directors gives
your project tentative approval pending a formal vote at our next meeting on
August 10, 2004. The tentative prive for four parking areas is $4,120.
Also I will need a more detailed request and information from you prior to the
meeting as we discussed.
Thanks;
Lowell Janson
SubmitMessage: Submit
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TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Council
DT: June 14, 2004
FR: Tom W �dVirector of Public Works
RE: Fountain Hills Downtown Business
Community Special Event Liquor License
The Fountain Hills Downtown Business Community is requesting Council approval for a special
event liquor license permit for The Fine Art and Wine Tasting event scheduled for March 25, 26
and 27, 2005. Hours of operation are 10:00 a.m. to 5:00 p.m. The event will be held on the
Avenue of the Fountains. Although the special event liquor license is issued by the state, local
approval by the Council is required.
Public Works and the Maricopa County Sheriff's office have reviewed the application. The area
will be fenced and Sheriff's officers will be on duty during the event to prevent alcohol leaving
the permit area.
\\earth\BBrannon\Liquor Licenses\Staff Memos\FH Downtown Business Community Event.doc
'"W
MARICOPA COUNTY SHERIFF'S OFFICE Memorandum
To: Tom Ward From: Sergeant C. D. Siemens
Public Works Director District 7
Town of Fountain Hills
Subject: Special Event Liquor License Application I Date: 6/11/01
I have reviewed the Special Event Liquor License Application submitted by the Downtown
Business Community (a civic organization). This permit is for a Fine Art and Wine Festival to be held
3/25/05-3/27/05 (10:00 AM-5:00 PM all three days). Other than the fact that the premise diagrams were
not attached as indicated, I found no reason not to approve this application. I do not believe that the
diagrams will be an issue as long as they are attached prior to final approval, and as long as they remain
consistent with the diagrams that were presented in our earlier planning meeting for this event.
5000-135 R10-93 (MW97 v1.0 5/27/98)
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor OWN OF FOUNTAIN HILLS
g 400 W Congress #150
Phoenix AZ 85007-2934 I L 04 Tucson AZ 85701-1352
(602) 542-5141 o F (520) 628-6595
"i
INEERING DEPARTMENT
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)
PLEASE NOTE: TIRS DOCUl!'IENT AlUST BE FULLY COMPLETED OR IT WILL BE RETURIqED
**APPLICATION MUST BE APPROVED BY LOCAL GOVERNMEENT DEPT USE ONLY
LIC#
I. Name of Organization: rh � f O Cln/ rAl—" � 1—Do 1ear c✓% ; �t c
c-ll, SS 6�rn,4N► !
2. Non-Profit/I.R.S. Tax Exempt Number: %.5 " ,301 0 , l
3. The organization is a: (check one box only)
13
Charitable ElFraternal (must have regular membership and in existence for over 5 years)
2--'civic ❑ Political Party, Ballot Measure, or Campaign Committee
❑ Religious ,,/
4. What is the ppu�pose of this events a �! > SO /A / �F �� 1"ww��)-AI16 'Al
pbt,q 19 QU�tC �Ut . O� �c"ram �, u. /4 �
5. Location of the event: O Ar
Address of physical location (Not P.O. Box) City County Zip
Applicant must be a member of the Qualifying organization and authorized by in Officer, Director or
,, hairperson of the Organization named in Question ##1.. (Signature required in section #] R)
6. Applicant: %% ,�5 A
Last
7. Applicant's Mailing Address:
Street
8. Phone Numbers: 84) 01 /S� �? /
Site Owner #
First p q Middle
�p��,✓;�f1�A,/
City
�o) 83 - S/d
Applicant's Business #
9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday)
Date
Day 1: 2 - oS
Day 2: 3 :1,6 0
Day 3:
Day 4:
Day
5:
Day
6:
Day
7:
Day
8:
Day
9:
Day
10:
Uc 0106 11rz000
Day of Week
/n 16Ay
S�tiVl�y
3-)?-4S
Date of Birth
/i2 -,?-C-71
State Zip
(yZ) 23 � ^l �� I
Applicant's Home #
Hours from A.M./P.M.
/0 d m
To A.M./P.M.
_ S pn-'
/71
*Disabled inhiduals requirir •-^pectal accommodations, please call (602) 542-9027.
6
10. Has the applicant been convicted of a felony in the past five years or had a liquor license revoked?
❑ YES iFI" 0 (attach explanation if ves)
I I . 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 promotgr or other person.to manage the event? E YES El NO
If yes, attach a copy of the agreement. A 6-0 C' F O
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 n .�� J
/I�il✓ /l3 U�l•���IG�/� �Sre/�fSS C4MM ,v►�y A(4N)A/r!
VQ�;p� ItAftsTs /56�� IV, �,1plEs ,vas
/gV g�2
#l`PercentaQe
l k `l2 � 50//Q
3S
/1V� (AnachOIZS additional sheet if necessary) , `� / I gsam Ll O
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)
Zt, Police t'lFencing
# Security personnel O Barriers Q
p /iq1/ d CIE, O
16. Is there an existing liquor license at the location where the special event is being held?
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in which the special event license will be in use?
(ATTACH COPY OF AGREEMENT)
Name of Business
❑ YES 2 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.
R
91
THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON-' OF 1
ORGANIZATION NAMED IN QUESTION #1
18. 1, V 1 /Y) 14-:1712'�" , declare that I am an Offic ` /Director/Chair erson appoint'
n
(Print full name) Z the
applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor
License.
X ti /�
(Signature)
OFFICIAL SEAL
HARRIET KOSMITIS
Notary Public - State of Arizona
MARICOPA COUNTY
My Comm, oxplrea Apr. 22, 2006
My Commission expires on: V _�) y. -
(Title/Position) (Date) (Phone #)
State of County of
The foregoing instrument was acknowled ed before this f
�7i' day of O O
Zy of Month Aon Y"r
(Signature of NOTARY PUBLIC)
ation as
as listed in Question 6. I have read the application and the contents and all statements are true, correct and
co lete.
X ;,r/�'
ly commission expires
OFFICI SEAL
HARRIETVOSMITIS
Notary Public - State of Arizona
MA.RICOPA COUNTY
Ny.:.ornp . expires Apr. 22, 2fd66
(Date)
State of County of / C,,�
The foregoing instrument was aclmowledge efore me this
r/{ day of eZgV poCl
Day of Month Mom 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 iurisdicfion may require additional applications to be completed and
additional licensing fees before approval may be ranted
20. I, _L)/ /I / i I hL1-, !C�
(Gove ent Official) (Title))
behalf of zf�: /Ii-m h / n k11,5
(Qqg, Town orLeuap}+)
Department Comment Section:
(Employee)
rA
.`ommend this cial event application on
of OFFICIAL) (Date)
FOR DLLC DEPARTMENT USE ONLY
J APPROVED ❑ DISAPPROVED BY:
(Date)
(Title) (Date)
SPECIAL EVENT LICENSED PREMISES DIAGRAM
(This diagram must be completed kith this application)
Special Event Diagram: (Show dimensions, serving areas, and label type ole yp nclosure and security positions)
NOTE: Show nearest cross streets, highway, or road if location doesn't have an address.
NT
To: Mayor Wally Nichols and members of the Fountain Hills Town Council
From: Jim Heasley, President of the Fountain Hills Downtown Business Community.
Re: Fountain Hills Fine Art & Wine Affaire produced by Thunderbird Artists, Inc.
Judy Combs, President
Dear Mayor Nichols and Town Council members,
The Fountain Hills Downtown Business Community is a 501c non profit organization
representing Fountain Hills businesses, with a focus on Downtown Fountain Hills. Our
mission statement defines our organization as being "Dedicated to the growth and
economic development of the Fountain Hills Downtown Business Community." Special
promotions in creating an active, vibrant downtown has lead us to sponsor the
"Fountain Hills Fine Art & Wine Affaire", an event very consistent with the image of
Fountain Hills. Thunderbird Artists Inc. is a very successful and professional company
that produces fine art shows in Arizona. This event, with it's unique niche marketing
and format, along with the support of the Downtown Business Community will become
an annual success in showcasing fine art and increasing economic activity in Fountain
Hills. As an organization, we look forward to the Town Councils support. We know
the community as a whole will be very pleased with Thunderbird Artist's production of
the "Fountain Hills Fine Art & Wine Affaire".
Sincerely,
WA< -
Jim Heasley
President of the Fountain Hills Downtown Business Community
P.O. Box 18298
Fountain Hills, Az. 85269
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 7/1/04
Submitting Department: Public Works Contact Person: Tom Ward
Consents Regular:® Requesting Action:®
Tyne of Document Needing Aunroval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check Anmonriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
Z Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only: El
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: Consideration of RESOLUTION 2004-28 abandoning whatever right, title, or
interest the Town has in the public utility easement located at the westerly and southerly property lines of Lot 23,
Block 3, Plat 505C (16450 Skyridge Lane) as recorded in Book 158 of Maps. Page 42, Records of Maricopa
County, Arizona., with stipulation. EA04-07 (John Hewitt)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment submitted May 12, 2004.
List All Attachments as Follows: Staff memo, resolution, exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
1XIAlill
D partment ead
Town Manager V
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: June 1, 2004
FR: Art Candelaria, Civil Enginee
:Easement Abandonment 04-07
Randy Harrel, Town Engineer 1 -�
16450 Skyridge Lane
Reviewed: T W d, Director o Public Works
Plat 505C, Block 3, Lot 23
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
and drainage easements located at the westerly and southerly property lines of Lot 23, Block 3, Plat
505C, (16450 Skyridge Lane) as shown in Exhibit "A". The property owners of Lot 23 desire the
assurance that any future improvements made to the lot will not be infringed upon by the
construction of utilities. All affected utility companies have been notified of this abandonment
proposal and have approved of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 23 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2004-28, subject to the following stipulation:
• Prior to any future fence construction adjoining Lot 35 (which has an existing fence
constructed 10' from the property line), satisfactory arrangements shall be in place to allow
maintenance access to that 10'.
Enc: Resolution
Exhibit
C: John Hewitt
\\earth\BBrannon\Abandonment Letters and Resolutions\EA04-07 - 505C-3-23.doc
RESOLUTION 2004-28
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
SOUTHERLY AND WESTERLY LOT LINES OF LOT 23, BLOCK 3, OF
PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN;. BOOK
158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed'
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows: . . , I
.
SECTION 1. That the certain ten (10) foot public utility and drainage easements, located
along the northerly and westerly property lot lines of Plat 505C, Block 3, Lot 23, Fountain Hills, as
recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to
be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage
runoff. The property owner of Lot 23 is required to pass the developed flows generated by the
upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2004-28, 505C-3-23 EA04-07.doc
I
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
July 1, 2004.
,%W
FOR THE TOWN OF F TAIN HILLS: ATTESTED TO:
W. J. chols, M or Bevelyn J. Be er, Tiwn Clerk
0
REVIEWED BY:
Timothy ick ing, Town Manager
Resolution 2004-28, 505C-3-23 EA04-07.doc
2
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505C BLOCK 3 LOT 23
LOT 36
i
�y
i
LOT 35 '
=mocp
f
LOT Si}. \ \ \
�- �.
mtcy
JZ V
I
BLOCK 3
LOT 23
ABANDON 10'
P.U.E & D.E.
o --,
/
/ - 72 29'�
/
/
LOT 31
a
l "I
lowil 3D-111
S
0 20' 40
SCALE: 1 ` = 40'
DATE: 5-26-04
..29, W f
LOT 30
LOT 22
LOT 24
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Pub. Works
Consent:❑ Regular:®
Meeting Date: 7/1/04
Contact Person: Molly Bosley, Planning/Zoning Administrator
Requesting Action:®
Tyne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Concept Plan Update
Council Priority (Check Appr.9priate 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 acceptance of the Avenue of the Fountains Concept Plan.
Staff Recommendation: Approve Fiscal Impact: Yes $150 000 FY 04/05 (remainder. phased
Purpose of Item and Background Information: The Town of Fountain Hills has been working on the
development of a Concept Plan for the Avenue of the Fountains since June 19, 2003. The final conceptual plan
for the future development of this corridor will be presented to Town Council for consideration. The attached
staff report outlines the project history, timeline, and conceptual plan developed. The consultant engaged to
develop the Concept Plan for Avenue of the Fountains will deliver this presentation.
List All Attachments as Follows: Staff Report; PowerPoint Presentation
Type(s) of Presentation: PowerPoint by consultant
SilInatures of Submitting Staff:
DeArtment Hea
Budget Review
(if item not budgeted or exceeds budget amount)
NR K `mil
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
OFFICE OF PLANNING AND ZONING
INTER OFFICE MEMO
TO: Honorable Mayor and Town
DT: June 17, 2004
Council through Tim Pickering, Town
Manager
FR: Molly Bosley, Planning & Zonin
RE: Update on Avenue of the Fountains
Administrator through To d, Direct r
Concept Plan
Public Works
Project History
In 2001, the Town of Fountain Hills commissioned an economic enhancement study in order to
determine the boundaries and establish a vision for the downtown project area. Specifically, one
element of the downtown vision is to enhance the transition between the north, south, east and
west to create a unified area. This connection will involve Avenue of the Fountains between La
Montana and Saguaro Boulevard and should promote streetscape design, pedestrian, and
vehicular accessibility. As a result of researching possibilities on how to accomplish this
"connection", the Town Council determined the creation of an "Avenue of the Fountains"
Concept Plan was desirable.
On February 20, 2003, the Town Council approved the release of a Request for Proposals (RFP)
to solicit bids for the development of a Concept Plan for the Avenue of the Fountains.
'yam„ Approximately 30 RFP's were sent to different companies and 11 proposals were received and
distributed to the members of the RFP Review Team. The Avenue of the Fountains RFP Review
Team consisted of Denise Lacey (Town Planner), Tom Ward (Director of Public Works), Greg
Bielli (MCO), Judi Yates (Downtown Consensus Representative) and Lowell Jenson (Plat 208
Representative). Each member of the team was asked to review the proposals and select the top
five (5) respondents for further consideration. The team met on May 21, 2003 and narrowed the
proposals for interviews on June 3, 2003 to the following: Abell and Associates ($37,350),
Design Workshop ($30,400), and e-group ($13,000).
Based on these interviews and the proposals submitted, the review team recommended the
project be awarded to Design Workshop/Spectrum Planning. The review team did not
recommend the award go to the lowest bidder based on the fact that the e-Group's bid was 42%
lower than the next lowest bidder and the team expressed concerns over the low bid and the
possibility of change orders that would increase the cost of the process. In addition, the Team
expressed concerns regarding the performance of the bidder on previous projects within the
Town of Fountain Hills and the bidder's presentation during the interview process was found to
be insufficient compared to the presentations provided by the other two presenters. In addition,
the bidder did not appear "open" to input on concepts and it appeared to the members of the
Team that many ideas were already conceived and the bidder would pursue proceeding in the
direction already chosen. Design Workshop/Spectrum Planning was very open to input and
provided information on their intent to use every available option to ensure that the concept plan
reflected the overall desires of the community.
Town Council approved the contract with Design Workshop for $30,400 on June 19, 2003. The
`, total cost of this Concept Plan was increased by $2,832 to account for additional public
meetings, design renderings, and phasing specifications requested by Town staff. Therefore the
total project cost was $33,232.
Project Area Description
Avenue of the Fountains right-of-way beginning at La Montana Drive and ending at Saguaro
Boulevard. Width of right-of-way is 180 feet and includes a 61-foot median, sidewalks (ranging
in width from 8' to 12'), angled parking and public roadway. Avenue of the Fountains is
intersected, at midpoint between La Montana and Saguaro Boulevard, by Verde River Drive, an
84' public right-of-way. The Project area is bounded to the west by La Montana Boulevard and
commercial properties, to the east by Saguaro Boulevard and "Fountain Park" to the north by
"North Plat 208" a commercial center and to the south by "South Plat 208" a proposed
commercial center.
Steering Committee
The Downtown Consensus Team that included the following group members guided this project:
■ Judi Yates
■ Lowell Jensen
■ Frank Ferrara
■ Paul Kolwaite
■ Jerry Miles
■ Jim Heasley
■ Greg Bielli
Project Timeline and Development
The process utilized for development of the Avenue of the Fountains Concept Plan was as
follows:
1. Data Review and Background Research: This phase of the project included a thorough
examination and review of existing information and studies by Design Workshop to
familiarize their planning team with Fountain Hills and the study area. Documents
reviewed included the following: Hyett Palma Study, General Plan, Zoning Ordinance,
Planned Developments, other related downtown development projects, and an on -site
review of the study area to become familiar with streets, blocks, and location of existing
and proposed project.
Design Workshop met with the Downtown Consensus Team on July 23, 2003. This
meeting consisted of an introduction of the team members, discussion on the project
process and boundaries, a review of existing information, and a discussion on additional
values and goals desired by team members.
2. Preparation of Preliminary Drafts: As a component of this Phase, Design Workshop was
asked to prepare three (3) Concept Plan options (each option should present a different
style or design) based on analysis, research, and feedback addressing (but not limited to)
the following elements: circulation and parking, public safety, streetscape and pedestrian
concepts, provisions for street fairs and other event venues, signage, streetwalk and
atmosphere lighting, public attractions, public art, public restroom facilities, trash
receptacles, landscaping, phasing of improvements, and cost of improvements.
3. Presentation of Preliminary Drafts: At this stage of the planning process, Design
Workshop was asked to hold public meetings to obtain public input on options; meet with
Downtown Consensus Team, Town Staff and Town Council, at work session, to present
Concept Plan options; and prepare a draft plan for presentation.
The following three designs were presented to the citizens of Fountain Hills at public
workshops held on October 28, 2003 and November 17, 2003:
■ Desert Garden
■ Water Garden
■ Sculpture / Art Garden
These concepts were also placed on the Town of Fountain Hills' website site to gather
additional comments from residents and interested individuals.
4. Preparation of Final Concept Plan: Based on direction received, Design Workshop
refined the Concept Plan for Town Council for consideration.
After information culled from the public workshops, the Downtown Consensus team and
Town staff were incorporated; the final Concept Plan and Phasing Plan were prepared for
presentation to the Downtown Consensus team on May 19, 2004. At this meeting, the
Consensus Team agreed with the conceptual ideas presented with some changes made to
the phasing of the improvements.
This plan is being presented for Town Council consideration on July 1, 2004.
Final Concept Plan and Phasing Plan
The Concept Plan was developed after all public comments were considered. The resulting plan
incorporates and extends the Town's largest symbol, our Fountain, by adding additional water
features. In addition, the plan considers the environmental features of the town by promoting
conservation of the desert environment and preservation of native plants. This phasing plan is
designed in such a manner that once the Phase 1 improvements are made, the remainder of the
elements can be timed as desired. For example, an element from Phase 2 may be added to Phase
1, but an element from Phase 1 cannot be added to Phase 2. Schematics of the Final Avenue of
the Fountains Concept Plan are attached to this report. Elements of this plan include the
following:
Phase 1 — Northside Streetscape
1. Resurface existing concrete walks (color and texture)
�W 2. Install new pedestrian lighting
3. Create new mid -block crossings with speed tables and traffic calming devices
4. Install new trees and associated plantings to crossing areas
5. Improve intersection crosswalks with specialty paving
6. Add six shade structures with integrated seating and lighting (In preliminary presentation
this was Phase 3, but was incorporated into Phase 1 at the recommendation of the
Downtown Consensus Committee).
Phase 2 — Northside Streetscape
1. New concrete curbs for on -street parking
2. Install new street trees and associated plantings
3. Expanded sidewalk width and associated benches and amenities
Phase 3 — Median Improvements
1. New entry / gateway water feature
2. Renovate 3 existing water features
3. Add 4 new water features
4. Add comfort station
5. New walkways and plaza seating areas
6. New shade structures and trees.
Cost of Proposed Improvements
�..
A summary of the proposed costs associated with the recommended improvements is outline
below. Complete cost information by phasing and line items is attached to this report.
Phase 1— $422,738
Phase 2 — $588,451
Median Phase — $780,971
Total - $1,792,160
The approved FY 04/05 budget includes $150,000 for the development of an RFP for an
engineering survey and the development of construction design details. The development of this
RFP will be the next step in the implementation of this concept plan.
E:\Town Council Reports\Avenue of the Fountains Status Report.doc
AVENUE OF THE FOUNTAINS CONCEPT PLAN NORTHSIDE IMPROVEMENTS
SUMMARY OF ESTIMATE COSTS
DESCRIPTION PHASE ONE PHASE MEDIAN ESTIMATED ESTIMATED
TWO PHASE SUBTOTAL TOTAL COST
1 SITE PREPARATION
$40,921
$36,253
$8,400
$85,574
2 DRAINAGE
$0
$0
$0
$0
3 UTILITIES
$0
$0
$0
$0
4 HARDSCAPE
$75,868
$53,585
$119,525
$248,978
5 RETAINING WALLS
$0
$0
$18,400
$18,400
6 ROADWAY
$47,572
$338,871
$0
$386,443
7 SOFTSCAPE
$9,440
$38,348
$117,649
$165,437
8 WATER FEATURES
$0
$0
$111,000
$111,000
9 SITE FURNISHINGS
$16,100
$53,550
$28,900
$98,550
10 SPECIALITY ITEMS
$90,000
$0
$290,000
$380,000
11 ENVIRONMENTAL GRAPHICS
$9,300
$0
$0
$9,300
12 ELECTRICAL
$84,000
$0
$0
$84,000
13 GENERAL CONDITIONS
$29,856
$41,649
$55,510
$127,015
14 INSURANCE & BONDS
$0
15 FEE
$0
16 SALES TAX
$0
SUBTOTAL
$1,714,697
17 CONTINGENCY (5%)
$19,681
$26,195
$31,587
$77,463
PHASE TOTALS
$422,738
$588,451
$780,971
ESTIMATED TOTAL PROJECT CONSTRUCTION COST:
$1,792,160
This estimate is for all phases of the Avenue of the Fountains Concept Plan.
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Date Received:
SCHEDULED PUBLIC �044z/
APPEARANCE/PRESENTATION FORM✓UN? vFo
qaiHTgi
A Citizen or Groups may apply to have an item placed on the WZ' 4l y
submitting a completed "Public Appearance/Presentation Form to the l
Clerk for submission to the Town Manager.
Reminder: Requests must be received no later than 5:00 p.m. eight (8) calendar days prior to the regular meeting date to
ensure timely delivery to Council Members. If additional staff time is needed to research a proposed agenda item, the Town
Manager may postpone the appearance/presentation date.
If the Town Manager determines that the subject should not be placed on the agenda, an individual may
(i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of
three members of the Council to place the item on the agenda and then submit that request to the Town
Manager.
APPLICANT'S NAME:"
APPLICANT'S ADDRESS: 0
PHONE/FAX:
{r
E-MAIL ADDRESS:
AGENDA DATE(S) APPLICANT IS AVAILABLE: 1 I , ' D y
Description and purpose of Appearance/Presentation:
Will the presentation item require that staff provide audio/visual support? Yes ❑ No ❑ '
Required: Attach all materials (documents, reports, letters, information, etc.) to be presented or
viewed.
Time requested for presentation: 5 minutes[]
Applicaht's Signature
Approved ❑ 1 m to be placed on 4kAgenda dated:
Denied ❑
1*r 'I Town Manager's Signature
Date
Date
E:\BBender\Documents\Forms\Schedued Public Appearance -Presentation Forml.doc
10 minute$.Q - Other.
10/22/2003
rr
I
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Admin
Consent:❑ Regular:❑
Meeting Date: 07/01/2004
Contact Person: Tim Pickering
Requesting Action:[]
Tvue of Document Needing Approval (Check all that appl
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:®
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: Consideration of revising the Council's Goals for Fiscal Year 2004-05 and an update
on the progress to date on goals.
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background -.Information: During the FY2004-05 budget hearings the resources
identified as necessary to accomplish the Council's goals were eliminated, specifically, two new staff positions for
the public information program, operational contingency plan for fire service, strategic plan, and revenue ballot
measure. The elimination of the resources requires that the original goals be revised and the objectives be
modified to what can be managed by existing staff. A report on the progress of the goals is included in the memo.
List All Attachments as Follows: Interoffice Memo
Type(s) of Presentation: None
Signatures of Submitting Staff:
Department Head
`�.I 1 � T` \ ` r
Town Manager / Designee
e:\wpdata\agenda cover sheetl.doc
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
Office of Town Manager
INTER OFFICE MEMO
TO: The Honorable Mayor Nichols and
Council
DT: June 16, 2004
FR: Tim Pickering, Town Manager
RE: FY 2004-2005 Council Goals Update
During a goal -setting retreat in January, 2004 the Town Council identified seven top goals for
the FY2004-05 budget. A second retreat was held with management staff to develop specific
implementation plans and identify resources necessary to carry out the goals established by the
Council. On March 4, 2004 the previous council formally adopted the goals as priorities for the
FY 2004-05 budget and the resources were incorporated within the proposed budget.
The previously adopted seven goals were:
• Develop an operational contingency plan for fire service;
• Monitor and analyze impact of the pending State Trust land ballot measure.
Additionally, work with the State Trust Land staff to properly plan for the annexation and
development of the adjacent parcels;
• Develop a comprehensive public information program;
• Conduct a financial analysis of the potential impact of the water issue on the Town's
long-range financial projections;
• Prepare, if warranted, a revenue ballot measure that is consistent with strategic plan;
• Complete a community strategic plan by July 2005; and
• Develop a succession plan staffing analysis with appropriate recommendations.
During the FY2004-05 budget hearings the resources that had been identified as necessary to
accomplish the Council's goals were eliminated, specifically, two new staff positions for the
public information program, operational contingency plan for fire service, strategic plan, and
revenue ballot measure. The existing staff will continue to focus on the goals as priorities for the
upcoming fiscal year•, however, the following four programs will be severely hindered by the
lack of resources.
FIRE SERVICE CONTINGENCY PLAN
The elimination of personnel to conduct and prepare a fire contingency plan report will require
that the objectives of this goal be reduced. I would ask the Council to modify the goal to:
a) prepare a report on the cost of a municipal fire department in the event that Rural Metro
cancels service to Fountain Hills
b) make a recommendation regarding any changes to the existing Rural Metro contract
considering the effect of City of Scottsdale's newly formed municipal department
This narrows the scope of the plan by concentrating on immediate issues versus setting up
mutual aid agreements with surrounding districts. The scope is also narrowed to eliminate
4W consideration of merging with an existing fire district, forming a regional or volunteer fire
department, and the development of inter -governmental agreements with other entities.
If the Council accepts the revised scope of this goal it is possible that existing staff could prepare
a report by January 2005.
COMPREHENSIVE PUBLIC INFORMATION PROGRAM
The public information officer position was eliminated from the proposed budget, therefore, I
would like to recommend that this goal be eliminated as a priority. The Public Information
Officer position was key to implementing a cooperative working relationship with the media,
developing Public Service Announcements (PSA), improving public information, serving as
media spokesperson on "hot topics", etc. Without a staff person with the expertise and resources
to coordinate and manage these responsibilities the program objectives will be difficult to meet.
PREPARE REVENUE BALLOT MEASURE
The implementation of this program was contingent upon hiring the Public Information Officer
who would be responsible for reaching out to the "silent majority" on government issues,
broadening community participation in government elections, and generating a higher voter
turnout. Additionally, the Public Information Officer would have used the strategic plan as the
basis for determining community wants and educating the public regarding the costs associated
with desired programs. With the uncertainty regarding the scope of the strategic plan and the
elimination of the PIO position, this goal is in serious jeopardy. I would respectfully request that
the ballot measure decision be deferred until the resources are dedicated for the program.
STRATEGIC PLAN
The main objective of the community strategic plan was to obtain input from a wide cross-
section of the community to determine the wants versus the needs of the community and their
willingness to pay for them. This program was also intended to develop a long-range community
vision, garner community consensus on future direction of the Town, and develop a plan that
assigns responsibilities and timelines for implementation. With the elimination of the staff that
was to coordinate this project (Assistant Town Manager), as well as the budgeted consultant
costs reduced by half, I will be analyzing how to achieve this goal. I anticipate re -writing a
request for proposal that narrows the scope of work for the consultant and places more of a
burden on completion on volunteers. I will update the Mayor and Council as this program
progresses.
The remaining three priorities were not directly affected by the budget reductions but may be
impacted with the elimination of a public information program. An update on their current status
follows.
11
STATE TRUST LAND
The State Land Department has contracted with the MB Group, a Scottsdale based land
development firm, to develop an analysis for the projected development densities for the State
Land parcels to the north of Fountain Hills. This analysis will be a projection based on
environmental considerations, availability for infrastructure (water, sewer, electricity, etc), and
other factors impacting development. Town staff has met with the staff from the MB Group on
several occasions, including the facilitation of a meeting with CCWC and FHSD. This report is
expected to be delivered to the State Land Department at the end of June 2004.
Legislation. The State Trust Land Reform legislation is currently being reviewed by a special
legislative committee. This committee is considering the merits of placing the reform package on
the November 2004 ballot. The legislature must pass enabling legislation if the issue is to be
placed before the voters during this election cycle. Action must be taken by June 30, 2004.
The proposed reforms include the establishment of a board of trustees to provide oversight of the
state land department, better funding for the state land department through retention of a
percentage of trust land revenues, and improvements in planning that promotes cooperative
planning with local communities for open space and development.
Annexation Process. The followings steps provide a summary of the steps that need to occur
prior to the annexation of the property into the Town of Fountain Hills:
1. A conceptual plan will need to be prepared and approved by the State Land Commission.
2. The Town of Fountain Hills must incorporate the approved conceptual plan into the
Town's General Plan through a General Plan Amendment.
3. The Town determines the proposed zoning for the land to be annexed.
4. The Town submits a formal request to the State Land Commissioner for consideration.
5. Town completes the annexation checklist while the State Land Department staff prepares
a summary and recommendation for the Commissioner.
6. Considering the best interest of the State Trust, the Commissioner will either approve,
deny or hold the annexation request in abeyance.
7. If agreeable, the annexation proposal will be advanced to the State Selection Board for its
consideration.
8. If the State Selection Board concurs with the request for annexation, the State Land
Commissioner will formally sign the Annexation Approval Documents (these signatures
suffice for the land owner signature required on the annexation petition).
9. Town enters process with Maricopa County for annexation.
SUCCESSION PLAN
A report outlining the succession plan staffing process was presented to the Council within the
FY2004-05 budget that also addressed staffing vulnerabilities and weaknesses. The report
included a timeline for implementing the succession plan. The next step is for the department
directors and Human Resources to review future staffing plans and desired functions. The plans
will serve as the basis for identifying available employees who have the knowledge, skills and
abilities to fulfill the required staffing needs.
WATER ANALYSIS
There were three objectives in analyzing the potential impact on Town finances if Chapparal
City Water Company does not have an assured water supply:
a) determine the financial impact of the water issue on the Town's budget/finances
b) revise the five-year financial plan as required
c) provide the community with a clear understanding of the Town's assured water supply
On April 7, 2004 the Town was notified by Arizona Department of Water Resources that there
was a designation of assured water supply for future growth in Fountain Hills. However, the
negative publicity that preceded the announcement may have had a financial impact such as a
decline in construction activity, which means decreased construction sales tax and building
permits. In April, 2004 there was a decrease in building permit fees and construction sales tax;
however, there is no data available that would correlate the decline to the water issue. Since the
issue has been resolved any decline attributable to the lack of assured water supply would be
temporary.
The five-year plan will be revised by November, 2004 to reflect the current actual and estimated
budget revenues and expenditures. The plan will include consideration of external factors
(economy, local issues, etc.) that could have a financial impact on the Town.
Disseminating clear and concise information about any issue that affects the community would
have been a responsibility of the Public Information Officer. The PIO would have the expertise
40 and resources to coordinate with the media, staff, Council and the public to be sure that the
information provided is accurate and timely. 'Without a PIO public service information will
continue to be disseminated as it is now. (Channel 11, website).
Summary
In summary, I am recommending the Council eliminate the public information goal, narrow the
scope of the fire contingency plan and strategic plan goals and table the revenue ballot issue until
a strategic plan is complete. Should you have any questions, please do not hesitate to contact
me.
cc: Julie Ghetti, Accounting Supervisor
Joan McIntosh, Human Resources Administrator
Molly Bosley, Planning and Zoning Administrator
E:UGhetti\WPDATA\goalsupdateI.doc
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 7/l/04
Submitting Department: Administration Contact Person: Pickering
Consent:❑ Regular:® Requesting Action:®
TVne of Document Needing Annroval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
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
❑ Finance
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-34, adopting the Town of Fountain
Hills Policy and Procedures for Proposition 202 Funding.
Staff Recommendation: Approve Fiscal Impact: No
.� Purpose of Item and Background Information: The Council is being presented with the Proposition 202
Funding Policy that was before it at the work-study session on April 13, 2004. The Policy has since been
amended to provide for processing of applications to any Arizona Indian Tribe.
List All Attachments as Follows: Resolution 2004-34 and draft policy
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
Department Head
,(, v\ 4 _ mil.%d C _ A,-T,
Town Manager
M
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS, ARIZONA
POLICY AND PROCEDURES
FOR PROPOSITION 202 FUNDING
In order to secure for the Town of Fountain Hills, Arizona (the "Town") the benefits of
the Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state
general election and codified in ARIZ. REV. STAT. § 5-601.02, and to promote the best interests
of the Town, the following Policy and Procedures for Prop. 202 Funding (this "Policy") is
hereby adopted by the Mayor and Council of the Town (the "Town Council").
Under ARIZ. REV. STAT. § 5-601.02, Prop. 202 funds may be solicited by cities, towns
and counties from Arizona Indian Tribes for government services that benefit the general public,
including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of
commerce and economic development. Because the legislation requires that the funds be
solicited by a municipality or county, the Town has been approached by various entities
requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has
established the following Policy to create a uniform proposal process for such entities.
ARTICLE 1.
General Policies
1.1 Qualified Entities. The Town will only accept and process proposals for Prop. 202
Funds made by itself or by Town -based, non-profit organizations ("Qualified Entities").
1.2 Discretion Retained by Town Manager. The decision to process a Qualified
Entity's proposal shall be retained by the Town Manager, or his designee, subject to the
application of sections 1.3 and 1.4 of this Article.
1.3 Town as Applicant. If, in any given quarter, the Town submits a proposal for
Prop. 202 funds, it will not process proposals from Qualified Entities for that particular quarter if
the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may
request that the Town hold their proposals for processing in a future quarter in which the Town is
not an applicant.
1.4 Preferred Fund Use Schedule. Where multiple Qualified Entities have submitted
proposals for Prop. 202 funds for the same quarter, from the same tribe, the proposals shall be
processed in accordance with the following schedule of preferred fund uses:
a. Public safety;
b. Mitigation of impacts of gaming (i.e. education, social services and health
care);
C. Promotion of commerce and economic development (i.e., transportation
and tourism).
1.5 Reimbursement for Costs. All costs incurred by the Town in connection with (i)
the administration of a proposal submission and (ii) the distribution of Prop. 202 funds shall be
subtracted from the total amount of Prop. 202 funds awarded, if any, to the Town on behalf of the
Qualified Entity. Such costs may include, but are not limited to (i) staff time spent processing
the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the
preparation of a resolution, intergovernmental agreement and any other legal document
associated with transferring the Prop. 202 funds to the Qualified Entity.
1.6 Funds Budgeted by Town. If the Qualified Entity receives Prop. 202 funds, the
distribution of those funds will not be used to supplant funding, if any, budgeted by the Town for
distribution to that entity in the applicable fiscal year.
1.7 Final Report. Any Qualified Entity receiving Prop. 202 funds shall submit to the
Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed,
a final and complete report detailing how the funds were actually spent.
1.8 Modification. The Town Council may modify this Policy from time to time.
ARTICLE 2.
Proposal Requirements
2.1 Deadline to Apply. All proposals for Prop. 202 funds shall be submitted to the
Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the
respective tribes for that particular quarter.
2.2 Proposal Content. The proposal shall, at a minimum, contain the following
information:
a. Qualified Entity Information. The Qualified Entity shall provide a
general description of itself, including its corporate and organizational structure. This description
should also include the names of all officers and/or corporate directors directly related to or
associated with the proposed administration of the Prop. 202 funds.
b. Applicant Contact. The Qualified Entity shall provide the name, address,
phone number, facsimile, email and other relevant information for the primary contact for the
Qualified Entity.
C. Detailed Description. The Qualified Entity shall provide a detailed
description of the manner in which the Prop. 202 funds, if awarded, will be used. This
description should also include a statement of how the proposed use of the funds meets one or
more of the purposes set forth in Section 1.4 above.
d. Estimated Costs. The Qualified Entity shall indicate the dollar amount
being requested from the tribe including a detailed budget. Additionally, the Qualified Entity
should provide any supporting documentation demonstrating that the amount requested is
directly related to the use proposed.
9196.001\Prop. 202 policy.v3.doc 2
6-23-04-1
e. Information Requested by the Tribe. In the event that the tribe has issued
a solicitation of proposals that requests information not specifically required by this Article, the
proposals must include that information as well.
2.3 Incomplete Proposals. Incomplete proposals will not be processed.
9196.001\Prop. 202 policy.v3.doc
6-23-04-1
RESOLUTION NO. 2004-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN
HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING.
WHEREAS, Proposition 202 funds may be solicited by cities, towns and counties from
Arizona Indian Tribes for government services that benefit the general public, including (i) ,
public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and
economic development; and
WHEREAS, various entities have requested that the Town of Fountain Hills (the
"Town") solicit Proposition 202 funds on their behalf; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") has determined that it is in the best interests of the citizens of the Town to establish
written policies to create a uniform application process for procurement of Proposition 202 funds
on behalf of various entities; and
WHEREAS, the Town Council desires to establish a policy and procedures for
requesting Proposition 202 funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the "Town of Fountain Hills, Arizona, Policy and Procedures for
Proposition 202 Funding" (the "Policy") is hereby adopted in the form attached hereto as Exhibit
A and incorporated herein by reference.
SECTION 2. That the Mayor, Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to ensure that the Policy is
implemented and applied to all requests for Proposition 202 funding.
SECTION 3. That this Resolution shall become effective immediately upon passage.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\ .\2004-33 Pmp 202 Policy.res.doc
6-21--04-1
In
in
in
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, July 1, 2004.
FOR THE TOW—N14 ' F09TAIN HILLS• ATTES
TED TO:
W. J. Wichols, a�or
REVIE $YL
Timothy G. Pi
9196.0M. A200408 Prop 202 Policy.ms.doc
2-26-04-1
Town
Bevelyn J. Bev r, Y'own Clerk
APP VED AS TO FORM:
[ ager Andre J. McGuire, Town Attorney
2
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 7/1/04
Submitting Department: Administration Contact Person: Pickering
Consent:❑ Regular:® Requesting Action:®
Tvpe of Document Needing Annroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Funding request
Council Prioritv (Check Annronriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: CONSIDERATION of processing an application for Proposition 202 funding from
the Fort McDowell Yavapai Nation through the Town of Fountain Hills for the FOUNTAIN HILLS SHERIFF'S
POSSE in the amount of $10,500.
Staff Recommendation: Approve Fiscal Impact: Yes $10,500
Purpose of Item and Background Information: To request funding for another vehicle under the provisions of
Proposition 202, the Indian Gaming Preservation and Self Reliance Act of 2002, to replace a car that needs to be
retired due to mileage and safety at a cost of $10,500. Please review attached letters.
List All Attachments as Follows: Copy of presentation and letters of request
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
Department Head
Budget Review
(if item not budgeted or exceeds budget amount)
_ _ 4� 1 vv
Town Manager
low
FOUNTAIN HILLS SHERIFF'S
P.O. Box 17114
Fountain Hills, Arizona 85269-7114
Joseph M. Arpaio, Shentt
January 30, 2004
Mr Timothy Pickering
Town of Fountain Hills
16836 E Palisades Drive
Fountain Hills, Arizona 85269
Dear Mr Pickering;
POSSE
Joseph M Arpaio, Shentt
On behalf of the Fountain Hills Sheriff's Posse, I am respectfully requesting your consideration in presenting
our request for financial assistance to the town, from the funds received due to proposition 202.
In September of 2003 myself and Commander Robert Wagner met with Dr Clinton Pattea, of the McDowell
Yavapai Nation. We requested financial consideration to assist us in keeping our community services at the
safest and most productive level possible.
At the time Dr Pattea advised us to submit a letter detailing our needs and he would review and strongly
recommend approval for this funding. I have attached a copy of our letter to Dr Pattea.
We were unaware nor informed that all requests of this kind were going to be turned over to the town for
review and funding if approved.
I have also enclosed a copy of our donation request letter to the residents of Fountain Hills and the Verdes,
which will be going out in February. I hope after reading the two letters you will have some detailed information
regarding the amount and level of services provided our communities by the Posse members.
Since the original request, to Dr Pattea, in September, for the costs of the radio, we have found ourselves
continually being requested to provide more services to assist the community. This will require purchasing
another vehicle from the Sun City Posse to replace a car that needs to be retired due to mileage, and safety at
a cost of $10,500
We sincerely hope that yourself and the town will consider our request for financial assistance so we may
continue to provide the needed services to the towns residents and businesses alike.
Sincerely;
Daniel Krause
Treasurer — Ftn. Hills Sheriff's Posse
in
FOUNTAIN HILLS SHERIFF'S
P.O. Box 17114
ER/F� Fountain Hills, Arizona 85269-7114
SH
Joseph M. Arpaio, Sheriff
February 1, 2004
POSSE
Joseph M. Arpato, Sheriff
would first like to thank the residents and business owners of our great communities for their continued support of the
Sheriffs Posse and our efforts to help in preventing crime, and assisting our communities with their ever growing needs.
The Fountain Hills/Verdes Posse is an organization made up entirely of volunteers, who donate their time and services
without any compensation. The Posse operates under the authority of the Maricopa County Sheriffs Office (MCSO) and
it's Enforcement Support Division.
Your Fountain Hills/Verdes Posse provides services that many of you may not realize, and I would like to share some of
those with you. The Posse assists our Sheriffs Deputies on a daily basis with patrols, prisoner transports, emergency
assistance, traffic control, assistance to your Fire Departments, security at our schools, along with home and business
watches.
These services just mentioned and many others are the equivalent of approximately (5) full time deputies at no cost
to the community.
However there is a cost to each and every Posse Volunteer. Every item from uniforms to equipment & body armor, right
down to pen and paper is paid for by each volunteer. The Posse owns and maintains the patrol cars and its communication
systems. 90% of our Posse are (QAP) Qualified Armed Possemen) and more are in training to be QAP. This certification
alone consists of over 100 hours of training of the volunteers own time and each will incur the costs of their weapon.
As our communities grow the need for services grow as shown below:
Year
Miles Patroled
2001
32,000
2002
63,000
2003
73,000
Man Hours Worked
5,000
10,000
12,000
Home & Business Patrols-
4,500
4,800
5,100
Rio & Tonto Verde Patrols
487
528
680
These figures reflect the hard work, and dedication your posse delivers to help keep your homes, businesses, and
community a safer place to live and work.
Your generous support over the last 25 years has help maintain an effective crime prevention organization in our
communities. We need your help and support to continue to maintain the quality of this crime prevention and
safety assistance organization.
Please remember that your donation is tax deductible. Enclosed is a return envelope for your convenience in making a
contribution to your Posse.
Sincerely;
Robert D Wagner
Commander of the Fountain Hills/Verde Sheriffs Posse
FOUNTAIN HILLS/VERDES SHERIFF'S POSSE f �
' P.O. BOX 17114
�,,. September 26, 2003 FOUNTAIN HILLS, AZ 85269-7114
To: Dr. Clinton Pattea - President Ft. McDowellYavapai Nation
From: Robert D. Wagner - Commander - Ftn. Hills Sheriff's Subject: Contribution for a XTS-3000 Model II Radio Posse
Dear Dr. Pattea
On behalf of myself and my Treasurer. Dan Krause, I want to thank you
for taking time from your busy schedule to meet with us yesterday. My
purpose of the requested meeting was twofold, ie:
I. To bring you up to date on how our Posse currently helps your
Ft. McDowell Police and how we will continue to assist your Nation.
In my meeting with you Police Chief, I outlined to him that we are
ready to assist him whenever he needs us to:
a. Take his prisoners to jail
b. Assist in the capture of any fleeing criminal, etc.
We also stand ready to do security for any of your Fairs, Rodeos,Parades etc.
2. Our second purpose was to request a contribution from you and
Your Council to provide us with a Mobil Radio.
We, as a Posse receive no monetary assistance from either the Sheriff's
office or the Mayor or Council of Ftn. Hills, Rio Verde or Tonto Verde.
Our contributions come from the citizens of those three municipalities.
The reason we need another Radio is we have 5 Patrol Cars and only
O4 Radios. At this time, our funds do not permit the purchase of another
adio. When we have a callout, in our area, one of our cars must stay
n the garage. We can not take a car out without a Radio.
We would, therefore, be mo.5t grateful if your Council would contri-
bute the necessary $4,000.00 to purchase subject Radio. I have enclosed
a copy of the costs of the XTS-3000 Portable Radio.
If in your munificence you grant our request, you can either call
me at (480) 596-3566 and I will pick up the check. Or, mail it to:
Mr. Dan Krause
P.O. Box 17114
Fountain Hills, AZ 85269-7114
I wish to express my gratitude to you for your kind consideration
of this request.
May your Nation grow and prosper.
Ki"est ReVards,
Robert D. Wagner
Commander - Ftn. Hills Verdes Sheriff's Posse
cc - Dan Krause - Treasurer
Attachment
N
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Administration
Consent:❑ Regular:®
Meeting Date: 7/1/04
Contact Person: Pickering
Requesting Action:®
Tvge of Document Needing Annroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Prop. 202 Funding request
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
® Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: CONSIDERATION of processing an application for Proposition 202 funding from
the Fort McDowell Yavapai Nation through the Town of Fountain Hills for the TOURISM BUREAU of the
Fountain Hills Chamber of Commerce in the amount of $100,000.
Staff Recommendation: Approve Fiscal Impact: Yes $100,000
Purpose of Item and Background Information: To request funding for tourism promotion under the provisions
of Proposition 202, the Indian Gaming Preservation and Self Reliance Act of 2002. Please review attached
documentation.
List All Attachments as Follows: Copy of proposal and letter of request
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
Department Head
C .
Town Manager
Budget Review
(if item not budgeted or exceeds budget amount)
Fountain Hills
Fort McDowell
TAKE A PEAK
June 14, 2004
Mr. Timothy G. Pickering
Town Manager
Town of Fountain Hills
16836 E. Palisades Blvd.
Fountain Hills, AZ 85269
Dear Tim:
Attached you will find the request of the Tourism Bureau of the Fountain
Hills Chamber of Commerce to the Fort McDowell Yavapai Nation for
funding through the Town for tourism promotion under the provisions of
Proposition 202, the Indian Gaming Preservation and Self Reliance Act of
2002.
The document attached includes background describing the accomplishments
of our tourism efforts during the past year, as well as a scope of work detailing
intended uses for the funds requested for the coming year.
On behalf of the Advisory Board of the Tourism Bureau, I would like to thank
you for your support of our efforts to promote the Fountain Hills / Fort
McDowell destination through combined funding from the Town and the
Tribe.
We look forward to your continued support and to your endorsement of this
request, so that we may continue to expand and improve our efforts on behalf
of the community.
Sinc ly, '
V imir Hulp ch
Chairman
Cc: Tourism Bureau Officers
Mark McDermott
Fountain Hills
Fort McDowell
• TAKE A PEAK
PROPOSAL
TO THE FORT MCDOWELL YAVAPAI NATION
THROUGH TOWN OF FOUNTAIN HILLS
FOR
2004 -2005 FUNDING FOR FOUNTAIN HILLS /
FORT MCDOWELL TOURISM MARKETING
UNDER THE PROVISIONS OF SECTION 3 OF PROPOSITION 202,
• THE ARIZONA INDIAN GAMING PRESERVATION & SELF
RELIANCE ACT
SUBMITTED BY
FOUNTAIN HILLS CHAMBER OF COMMERCE
TOURISM BUREAU
JUNE 2004
0
INTRODUCTION & REQUEST
• In 2003, the communities of Fountain Hills and Fort McDowell came together
to officially declare themselves a tourism destination with intent to compete
formally in the destination marketing arena. They established a destination
brand:
FOUNTAIN HILLS
FORT MCDOWELL
TAKE A PEAK
Funding for this new destination marketing effort was provided by the Town
of Fountain Hills, the Fort McDowell Yavapai Nation and Fountain Hills
Chamber of Commerce which provided a tourism consultant/director and
office space and equipment for the new Fountain Hills Chamber of Commerce
Tourism Bureau (the "Bureau").
An initial marketing program managed by volunteer committees implemented
programs in the areas of
• Advertising
• Public Relations
• Collateral
• Fulfillment
• • Affiliations
• Merchandise
Notable public exposure for the new effort was achieved by these programs.
A public relations firm, Image Quest, was retained by the Bureau, and this
agency was instrumental in the creation of a new logo and business system for
the destination, as well as for the placement of various articles and advertorial
inserts in consumer and trade publications.
The development of a new official guidebook for the branded destination,
published by Hennen Publishing of Phoenix, was achieved, with the
guidebook (30,000 quantity) now in initial distribution. The guidebook
production was completely supported by the businesses of Fountain Hills and
Fort McDowell through the purchasing of advertising.
A fairly significant portion of the Bureau's budget was allocated to the
Scottsdale Convention & Visitors Bureau for a cooperative program by which
the SCVB insured that a high profile for Fountain Hills was maintained within
the far-reaching $7 million destination marketing effort of this sophisticated,
professional tourism agency.
Introduction
® Page 2 .
Indeed, it can be claimed that m 2003 Fountain Hills / Fort McDowell
officially became a "destination community".
The foundation was laid for the achievement of significant economic gains
through capitalizing on the outstanding potential for tourism development in
this area.
All that was accomplished in 2003, flowing from the efforts over prior years
of the ad hoc Fountain Hills Tourism Council, was particularly notable
considering the shoestring budget on which the Bureau operated. Total
expenditures for FY 2003-2004 from Town, Tribal, State and Chamber funds
will amount to less than $140,000. To put this in perspective, consider that
the average budget of what the International Association of Convention &
Visitors Bureaus (IACVB) considers as "small bureaus" is $348,000.
Financial Plan / Funding Request
Now, entering year two of the operation of this new Tourism Bureau, the
challenge is to move beyond the foundation that has been laid to the
achievement of notable incremental growth in tourism business activity
through the implementation of expanded efficient and effective marketing
efforts. This can best be accomplished through the application of additional
• financial resources.
The Town of Fountain Hills has responded to the Tourism Bureau's
application for $100,000 in funding for FY05 with an appropriation of
$75,000 — a 50% increase to its FY04 appropriation. It is hoped that the Fort
McDowell Yavapai Nation will recognize the potential for growth, and the
value of increasing the resources allocated to the effort as well.
With much gratitude to the Tribe for its contribution to the program during
this past fiscal year, the Tourism Bureau, as it did with the Town, is
requesting that the Tribe consider an increase in its (Proposition 202) funding
for tourism to the level of $100,000.
The attached Scope of Work details the intended utilization of funding in this
amount.
*************
SCOPE OF WORK
If granted additional designated tourism funding from the Fort McDowell
Yavapai Nation under the provisions of Proposition 202, The Fountain Hills
Chamber of Commerce Tourism Bureau will be able to broaden the awareness
of the "FOUNTAIN HILLS / FORT MCDOWELL — TAKE A PEAK"
destination, as well as increase its advocacy for regional tourism development
efforts to benefit the Fountain Hills and Fort McDowell communities. The
following outlines preliminary intentions for programs that would be funded:
• Trade Shows $30,000.00
• Trade Show Display $10,000.00
• Media Familiarization Tours $15,000.00
• Tour Operators/Travel Agents Familiarization Tours $10,000.00
• Tour Itineraries and Guides Development/Training $ 5,000.00
• Advertising/Direct Marketing /Special Promotions $30,000.00
Trade Shows & Trade Show Display
The Fountain Hills / Fort McDowell destination spent the past year preparing
for being able to properly exhibit at trade shows. Trade shows are a proven
effective means of developing new business by meeting first-hand with
entities and individuals from the trade that generate visitors (tours) to, as well
as publicity for, destinations. The creation of a logoibrand and business
• systems including presentation folders, as well as the production of the new
official guidebook give the Bureau the basic promotional elements needed to
effectively operate at a trade show. The important remaining missing element
is a trade show display that draws attention to the destination and its brand
amid the scores of competing displays at any given show. The first order of
business in utilizing funding from the Fort McDowell Nation will be to obtain
the needed trade show display.
Attending trade shows involves various costs including exhibit rentals and
related drayage, equipment and services fees, and travel and entertainment
costs. A $30,000 budget for trade shows should allow for the Bureau to attend
at least 6 selected trade shows during the year.
Media & Trade Familiarization Tours
Familiarization tours are highly effective means of promoting a destination as
they afford the opportunity to have important clients (tour operators; travel
agents) and media representatives (trade and consumer publication editors &
writers) experience the features and benefits of a destination first hand.
Ideally, these "fam" tours result in new tour programs being developed and
sold by tour operators, and new stories being written and published about the
destination, the value of which is considerable as compared to the cost of
placing advertising.
Scope of Work
Page 2
Tour Itineraries Development and Guides Training
An important component of developing group tour business is to have tour
itineraries with narratives available for them to incorporate into their
programs. It makes their job of creating new tour programs much easier and
thus serves to better induce them to do so.
Additionally, many companies seek "step on" tour guides to handle the tours
and narrative for them at destinations — especially destinations such as
Fountain Hills / Fort McDowell where many companies are not likely to have
experience in house. The Tourism Bureau began the tours and narratives
development process during FY04. The groundwork laid now needs to be
enhanced and expanded, and guides need to be trained.
Advertising/Direct MarketinOSpecial Promotions
The funds to be used in these marketing disciplines will be deployed together
with funds from the Town and from State of Arizona grants to construct a plan
that most efficiently and effectively broadens awareness of the branded
Fountain Hills / Fort McDowell destination, and generates related inquiries
from potential visitors seeking more detailed information (official guide), and
ideally reservations. Included will be research -based programs of sending
direct messages (electronic and direct mail) to determined target markets and
customers.
1-1
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Admin
Consent:❑ Regular:®
Meeting Date: 07/01/2004
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:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:[--]
® Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
® Finance
Regular Agenda Wording: Consideration of Ordinance 04-11, levying upon the assessed valuation of the
property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars
($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, to provide
funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year
ending the 30'h of June, 2005.
Staff Recommendation: Fiscal Impact: Yes $1,450,000
Purpose of Item and Background Information: The FY 2004-05 budget includes the Debt Service Funds for
annual payment of principal and interest on outstanding bond issues. General Obligation bonds are repaid
through an ad valorem (property) tax collected by Maricopa County and remitted to the Town. Ordinance 04-11
is the final step in the budget process and authorizes Maricopa County Finance to levy the appropriate property
tax necessary to make the debt service payment for FY 2004-05.
List All Attachments as Follows: Ordinance 04-11, Interoffice Memorandum
Type(s) of Presentation: None
Signatures of Submitting Staff:
c
Depa t ent He i
d
Town Manager / Designee
e:\wpdata\agenda cover sheet.doc
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Honorable Mayor and Town Council
DT: June 16, 2004
THROUGH: Timothy Pickering, Town
Manager
FR: Julie A. Ghetti, Accoun .ng Supervisor
RE: Ordinance No. 04-11 Tax Levy
Administration
On June 3, 2004 the Mayor and Town Council adopted the tentative FY2004-05 budget as final,
including all funds (General Fund, Special Revenue, Debt Service, Development Fees and
Capital Projects Funds). The Debt Service fund is for the annual payment of principal and
interest on all outstanding Town bond issues, totaling $2,251,500. Of that amount, $1,450,000 is
required for the annual payment of General Obligation Bonds approved by voters for a street
paving project, purchase of open space adjacent to Fountain Park, construction of the
Library/Museum and purchase of McDowell Mountain open space. General Obligation bonds
are repaid through an ad valorem (property tax) collected by Maricopa County and remitted to
the Town; a table itemizing the issue and required payment is shown below.
The approval of Ordinance No. 04-11 is the final step in the budget process and authorizes
Maricopa County Finance Department to levy the appropriate property tax necessary to make the
,%W debt service payment for Fiscal year 2004-2005. Based on the final assessed property valuation
of $349,398,334, and a small delinquency factor, the approximate tax rate per $100 of assessed
property value will be $0.4120 (or $41.20 for residential property valued at $100,000).
Staff recommends approval of Ordinance No. 04-11.
DEBT SERVICE REQUIRED BY TAX LEVY FY2004-05
Issue
Principal
Interest
Street Paving Project (1991)
$255,000
$95,405
Lakeside Open Space
$75,000
$55,375
Library/Museum
$225,000
$162,425
Mountain Bonds
$250,000
$266,300
TOTAL
$805,000
$579,505
ORDINANCE NO.04-11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, LEVYING UPON THE ASSESSED
VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN
HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE
HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE
THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET,
TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF
PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE
FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2005.
WHEREAS, by the provisions of State law, an ordinance is required to set the property
tax levy for fiscal year 2004-2005; and
WHEREAS, the County of Maricopa is assessing and collecting authority for the Town
of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to
the County Assessor and the Board of Supervisors of the County of Maricopa, Arizona.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That there is hereby levied on each one hundred dollars ($100.00) of
assessed valuation of all property, both real and personal, within the corporate limits of the
Town of Fountain Hills, except such property as may be by law exempt from taxation, a
secondary property tax rate sufficient to raise the sum of $1,450,000 for the purpose of
providing a bond interest and redemption fund for General Obligation Bond debt service for
the fiscal year ending June 30, 2005.
SECTION 2. That failure by the county officials of Maricopa County, Arizona, to
properly return the delinquent list, any irregularity in assessments or omissions in the same,
or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any
title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform
any of the duties assigned to him or to them shall not invalidate any proceedings or any deed
or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgment of
sale by which the collection of the same may be enforced shall not affect the lien of the
Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no
overcharge as to part of the taxes or of costs shall invalidate any proceedings for the
collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if
performed by officers de jure.
SECTION 3. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed.
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, July 1, 2004.
FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO:
W. J. Nicho ayor Bevelyn J. B der own Clerk
REVI D Y•
Timotiiv G. Pickebna, Town
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APPROVED AS TO FORM:
— P�— I WL
Andrew J. McGuire, Town Attorney