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HomeMy WebLinkAbout110509PZ:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 1 of 3 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, NOVEMBER 5, 2009 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’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 Councilmembers. 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. Mayor Jay T. Schlum Councilmember Mike Archambault Councilmember Ginny Dickey Councilmember Dennis Brown Vice Mayor Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Z:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to ARIZ. REV. STAT. § 38-431.03(A)(4) Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (Specifically, a developer’s claim for a sales tax refund). 2. ADJOURN to Regular Session. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) Update relating to the Mayor’s attendance at the Urban Land Institute (ULI) Conference. (ii) A review of upcoming community events. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation of the Town’s “20 Years as a Town” celebration plans. (ii) Presentation of Quarterly Budget Report for the period July 1, 2009 through September 30, 2009 for all funds by Deputy Town Manager Julie Ghetti. 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 properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers 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 TOWN COUNCIL MEETING MINUTES from October 8, 13 & 15, 2009. 2. CONSIDERATION of approving the SPECIAL EVENT APPLICATION for the THANKSGIVING DAY PARADE sponsored by the Fountain Hills Chamber of Commerce Z:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 3 of 3 to be held November 26, 2009, from 9:00 a.m. – 11:00 a.m., which will require street closures: parts of Saguaro Boulevard, Palisades Boulevard, La Montana Drive, El Lago Boulevard, and Panorama Drive. 3. CONSIDERATION of approving the SPECIAL EVENT APPLICATION for the STROLL IN THE GLOW EVENT sponsored by the Fountain Hills Chamber of Commerce to be held December 5, 2009, from 6:00 p.m. – 8:00 p.m., which will require street closures: parts of Saguaro Boulevard and Avenue of the Fountains. REGULAR AGENDA 4. CONSIDERATION of payment in the amount of $6,500 from the 1% Public Art Fund to the Zuva Gallery for the purchase of a STONE SCULPTURE title “An All Day Job”. 5. DISCUSSION WITH POSSIBLE DIRECTION to staff on commercial A-frame and banner sign REGULATIONS. 6. CONSIDERATION of ORDINANCE 09-14, amending the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-1, Council, relating to vacancies in Council. 7. 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. 8. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 9. ADJOURNMENT. DATED this 29th day of October, 2009 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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. Z:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 1 of 3 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, NOVEMBER 5, 2009 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’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 Councilmembers. 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. Mayor Jay T. Schlum Councilmember Mike Archambault Councilmember Ginny Dickey Councilmember Dennis Brown Vice Mayor Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Z:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to ARIZ. REV. STAT. § 38-431.03(A)(4) Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (Specifically, a developer’s claim for a sales tax refund). 2. ADJOURN to Regular Session. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) Update relating to the Mayor’s attendance at the Urban Land Institute (ULI) Conference. (ii) A review of upcoming community events. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation of the Town’s “20 Years as a Town” celebration plans. (ii) Presentation of Quarterly Budget Report for the period July 1, 2009 through September 30, 2009 for all funds by Deputy Town Manager Julie Ghetti. 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 properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers 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 TOWN COUNCIL MEETING MINUTES from October 8, 13 & 15, 2009. 2. CONSIDERATION of approving the SPECIAL EVENT APPLICATION for the THANKSGIVING DAY PARADE sponsored by the Fountain Hills Chamber of Commerce Z:\Council Packets\2009\R11-5-09\091105A.docx Last printed 10/29/2009 1:10 PM Page 3 of 3 to be held November 26, 2009, from 9:00 a.m. – 11:00 a.m., which will require street closures: parts of Saguaro Boulevard, Palisades Boulevard, La Montana Drive, El Lago Boulevard, and Panorama Drive. 3. CONSIDERATION of approving the SPECIAL EVENT APPLICATION for the STROLL IN THE GLOW EVENT sponsored by the Fountain Hills Chamber of Commerce to be held December 5, 2009, from 6:00 p.m. – 8:00 p.m., which will require street closures: parts of Saguaro Boulevard and Avenue of the Fountains. REGULAR AGENDA 4. CONSIDERATION of payment in the amount of $6,500 from the 1% Public Art Fund to the Zuva Gallery for the purchase of a STONE SCULPTURE title “An All Day Job”. 5. DISCUSSION WITH POSSIBLE DIRECTION to staff on commercial A-frame and banner sign REGULATIONS. 6. CONSIDERATION of ORDINANCE 09-14, amending the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-1, Council, relating to vacancies in Council. 7. 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. 8. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 9. ADJOURNMENT. DATED this 29th day of October, 2009 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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. "20 YEARS AS A TOWN" CELEBRATION Saturday, December 5, 2009 Date: Saturday, December 5, 1009 Time:3:00 –4:00 pm Elected Official Reception and Photo 4:00 –5:00 pm Program Place:Community Center Grand Ballroom Incorporation Celebration MUNICIPAL MEMORIES •6 Mayors •38 previous Councilmembers •6 Municipal Departments + Fire and Law Enforcement •Acquired and developed 4 Town parks •New Town Hall, Community Center & Library/Museum •69.89 miles of roads constructed since incorporation…. (both Private and Public) •Senior Services, Home Delivered Meals and other social service programs Samantha Coffman Event Coordinator Heather Ware Cpt. Kleinheinz Shaunna Williams Paula Woodward Raymond Rees Katie Decker Lari Bratcher Todd Brunin Cassie Hansen Bryan Hughes Event Coordinator Committee Members SCHEDULE OF EVENTS •Rural Metro will be grilling hot dogs, fire truck on display •MCSO provide beverages, will be displaying vehicles •River of Time Museum to be open. •Fry Bread served in front of the Library entrance. •Trains & Trees event in Community Center Lobby (2:00 –5:00 pm) •Group photograph of all former Councilmembers will be taken •Dedication of the Keith McMahon memorial near the Museum entrance •School kids to sing •Each Mayor to speak about their term in office •Special Municipal Service Brochure •Press Release,AveNews Articles,Website Front Page,Twitter,Channel 11, Event Flyers to Schools,Local Businesses and Hand Out at Events. •Share your thoughts, observations, reflections, memories, visions online. Submittals will be accepted until 6 p.m., Monday, November 16, 2009. Selected entries will also be published in the special incorporation edition of the Fountain Hills Times and featured at the "20 Years as a Town" program on December 5. Entries will also be buried with the new time capsule. •FH Times to run a Special Edition of the paper “20 Years As A Town” MEDIA BURYING THE TIME CAPSULE In January 1991,Mayor John Cutillo and residents buried a time capsule in Fountain Park near the flag pole along Saguaro Boulevard.Items in the time capsule were to commemorate the first 20 years in Fountain Hills,beginning with the founding of the community in 1970. UNEARTHING…. The time capsule buried in Fountain Park 20 years ago was uncovered by Town staff on September 28th. It will be on display in the River of Time Museum until the contents are revealed on December 5th. TIME CAPSULE ON DISPLAY The time capsule is on display in the lobby of the Community Center. OTHER EVENTS THAT DAY •Guided Hike through McDowell Mountain Preserve 8:00 am •Art Walk 9:00 & 10:00 am •Kiwanis Breakfast with Santa 9:00 am –12:00 pm •Holiday Celebration at the Community Center 2:00 pm –5:00 pm •River of Time Museum is open 2:00 –5:00 pm •Chamber of Commerce “Stroll in the Glow” 6:00 –9:00 pm 1 | P a g e Annual Financial Status Report Fountain Hills Economic Indicators September 30, 2009 Certificates of Completion (Units) SF MF FY08 Actual 36 0 FY09 Actual 6 0 2 Year Comparison Commercial FY08 Actual 5 FY09 Actual 0 QTR 9/30/2009 Down30units Down5units No Change Commercial Starts: Actual to Prior Year FY09Actual 2 FY10 Actual 1 FY10 Budget 2 QTR 9/30/2009 Down 1 Unit General Fund Revenues 2 Year Comparison 0.843514433 FY09Actual $3,911,989 M FY10 Actual $3,076,166 M FY10 Budget $3,646,845 M QTR 9/30/2009 Down by $0.8M General Fund Expenditures Actual to Budget FY09Actual $4,520,831 M FY10 Actual $3,335,963 M FY10 Budget $3,631,413 M QTR 9/30/2009 Under by $0.3M *excluding transfers to other funds These Indicators show changes from the same time period from the previous fiscal year or comparison of current year actual to current year budget. Expenditures do not include transfers to other funds. 2 | P a g e TOWN OF FOUNTAIN HILLS FISCAL BUDGET REPORT FOR THE QUARTER ENDING September 30, 2009 Summary – all funds As both the national and local recession are showing signs of stabilizing the Town is preparing for a future with a new “normal” economic infrastructure. The Town’s economic future is likely to be based on a very moderate level of recovery over the next several years with development of the Ellman property not anticipated until 2015. The Town’s General Fund revenues declined 21% revenues compared to last fiscal year; other funds affected by the slowdown are the Highway User Revenue Fund, down $208K (12%) and development fees which are down 43%. Special revenue/grants are rarely received as projected but the budget includes an amount for any grant revenues that were not anticipated but may be received, such as stimulus funds. During the first quarter of FY10 the Town accepted $183,998 in Proposition 202 funding from the Fort McDowell Yavapai Nation for distribution to the school district, Chamber of Commerce and the museum. The table below is a summary of actual and budgeted revenues by fund for the first quarter of FY09-10, which ended September 30, 2009: Fiscal Quarter Ending 9/30/2008 Fiscal Quarter Ending 9/30/2009 Quarter Budget % of Budget General Fund $3,911,989 $3,076,166 $3,646,845 84.4% HURF $415,894 $366,141 $400,136 91.5% Dev Fees $72,048 $40,434 $36,368 111.2% Special Revenue $6,865 $196,366 $648,963 30.3% Economic Development $108,575 $59,232 $73,965 80.1% Debt Svc MPC $637,053 $175,342 $320,795 54.7% Debt Svc GO $159,036 $119,360 $448,613 26.6% Debt Svc HURF $135,149 $11,370 $34,103 33.3% CIP $206,594 $190,598 $2,632,227 7.2% Grand Total All Funds $5,653,203 $4,235,010 $8,242,013 51.4% FY2009-10 Revenues - All Funds Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 3 | P a g e This early in the fiscal year it is difficult to estimate whether or not adjustments to the budget will be necessary as a result of lagging revenues; a better indication would be after six months of activity (December). The table below is a summary of actual and budgeted expenditures by fund for the first quarter of FY09-10, which ended September 30, 2009: Fiscal Quarter Ending 9/30/2008 Fiscal Quarter Ending 9/30/2009 Quarter Budget % of Budget General Fund $4,520,831 $3,335,963 $3,631,414 91.9% HURF $460,964 $265,648 $400,136 66.4% Dev Fees $22,414 $0 $35,600 0.0% Special Revenue $38,561 $193,915 $657,338 29.5% Economic Development $37,861 $26,717 $95,669 27.9% Debt Svc MPC $1,580 $510 $352,222 0.1% Debt Svc GO $1,890 $2,350 $432,366 0.5% Debt Svc HURF $400 $400 $34,103 1.2% CIP $1,177,518 $375,374 $3,181,359 11.8% Grand Total All Funds $6,262,019 $4,200,876 $8,820,206 47.6% FY2009-10 Expenditures - All Funds Analysis of Economic Indicators Fountain Hills’ local sales tax collections have declined 18% from the prior fiscal year and are under projections by 5% for the year and almost 22% for the quarter. With the return of the seasonal visitors this revenue source should fall more in line with budget, however, the potential for a sales tax shortfall exists. General fund local sales tax does not include construction sales tax transferred to Capital Projects Fund or the dedicated .4% for debt payments and economic development. Fiscal Quarter Ending 9/30/2008 Fiscal Quarter Ending 9/30/2009 Three Month Budget % of Budget Local Sales Tax $1.7M $1.4M $1.7M 77.9% Building Permit Fees $219K $30K $82.5K 36.5% Construction Activity: Permit activity and certificates of occupancy are leading indicators for construction sales tax; future construction sales tax revenue is based on the number of building permits issued and valuation of each (see table on cover sheet). These declines in permit activity and certificates of occupancy will result in less construction related sales tax during FY10 through FY11. This trend is likely to continue as the Arizona building and real estate economy recedes – new permits from the state trust land are not anticipated until FY15. Local sales tax collections from construction activity are $225,045 less than the same period last fiscal year, however, higher than projected for the first quarter (this is due to the lag in construction after permits are issued). Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 4 | P a g e General Fund Revenues – where does the money come from? The four key revenues that affect the Town’s General Fund and provide key indicators of the Town’s overall economic condition and performance are Local Sales Tax, State Income Tax, State Sales Tax and Vehicle License Tax; these are summarized below, comparing the prior and current fiscal year and budget. These revenues represent 91% of General Fund resources; representing 91% of the Town’s General Fund operating budget requires that these revenues be monitored closely for fluctuations in the local and national economy. State Shared Revenues: Six Months Ending 9/30/2008 Six Months Ending 9/30/2009 Three Month Budget % of Budget State Income Tax $861,797 $790,520 $790,842 100% State Sales Tax $561,661 $441,583 $473,508 93.3% Vehicle License Fees $258,487 $220,970 $238,364 92.7% State sales and vehicle license tax receipts are coming in slightly less than budgeted for the first quarter as the State, County and cities and towns experience declining revenues; as the economy stabilizes the revenues are anticipated to come in as budgeted by the end of the current fiscal year. Retail Activity: Compared to the first quarter of last fiscal year the retail sales tax collections have declined 10%, which reflects June through August sales activity. Total local sales tax collections for the first three months are $1.7M compared to $2.1M last year, a decline of 18.8%; a breakdown of the collection activity is shown to the left. Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 5 | P a g e General Fund Expenditures – where does the money go? Compared to last fiscal year the Town general fund expenditures are down 26% ($4.5M in FY09 and $3.3M in FY10). The chart below is a breakdown of the expenditures by department (Administrative includes Town Clerk, Town Manager, Human Resources, Finance, Information Technology, Media Relations, Economic Development, Volunteers and Customer Service): The chart below shows the Town’s reliance on two major sources of revenue – local sales tax (44%) and State Shared Revenues (State Sales, Income, Vehicle License and Insurance Premium Taxes) at 47%. At the end of three months state shared revenues were down 5% from projections. Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 6 | P a g e The Town introduced program budgeting beginning in the current year; the tables below are reports that show General Fund expenditures by traditional line item, by division and by program. General Fund Expenditures by Line Item: General Fund Expenditures by Division: Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 7 | P a g e General Fund Expenditures by Program Town of Fountain Hills Summary Budget Report – Quarter Ending September 30, 2009 8 | P a g e The Town introduced program budgeting beginning in the current year; the tables below are reports that show HURF expenditures by traditional line item and by program. Highway User Revenue Fund (HURF) Line Item Budget Highway User Revenue Fund (HURF) Program Budget This report will be placed on the Town website after presentation to the Town Council. Fiscal Update November 5, 2009 Prepared by: Julie A. Ghetti, MPA, CPA November 5, 2009 November 5, 2009 Fiscal Quarter Ending 9/30/2008 Fiscal Quarter Ending 9/30/2009 Quarter Budget % of Budget General Fund $3,911,989 $3,076,166 $3,646,845 84.4% HURF $415,894 $366,141 $400,136 91.5% Dev Fees $72,048 $40,434 $36,368 111.2% Special Revenue $6,865 $196,366 $648,963 30.3% Economic Development $108,575 $59,232 $73,965 80.1% Debt Svc MPC $637,053 $175,342 $320,795 54.7% Debt Svc GO $159,036 $119,360 $448,613 26.6% Debt Svc HURF $135,149 $11,370 $34,103 33.3% CIP $206,594 $190,598 $2,632,227 7.2% Grand Total All Funds $5,653,203 $4,235,010 $8,242,013 51.4% FY2009-10 Revenues - All Funds November 5, 2009 Fiscal Quarter Ending 9/30/2008 Fiscal Quarter Ending 9/30/2009 Quarter Budget % of Budget General Fund $4,520,831 $3,325,456 $3,631,414 91.6% HURF $460,964 $265,648 $400,136 66.4% Dev Fees $22,414 $0 $35,600 0.0% Special Revenue $38,561 $193,915 $657,338 29.5% Economic Development $37,861 $26,717 $95,669 27.9% Debt Svc MPC $1,580 $510 $352,222 0.1% Debt Svc GO $1,890 $2,350 $432,366 0.5% Debt Svc HURF $400 $400 $34,103 1.2% CIP $1,177,518 $375,374 $3,181,359 11.8% Grand Total All Funds $6,262,019 $4,190,370 $8,820,206 47.5% FY2009-10 Expenditures - All Funds November 5, 2009 November 5, 2009 General Fund Revenues 2 Year Comparison 0.843514433 FY09Actual $3,911,989 M FY10 Actual $3,076,166 M FY10 Budget $3,646,845 M QTR 9/30/2009 Down by $0.8M TOTAL $3,076,166 November 5, 2009 Total Collections $1.7M 46% of General Fund Budget November 5, 2009 November 5, 2009 GENERAL FUND EXPENDITURES Three Months Ending 9/30/2009 TOTAL $3,335,963 General Fund Expenditures Actual to Budget FY09Actual $4,520,831 M FY10 Actual $3,335,963 M FY10 Budget $3,631,413 M QTR 9/30/2009 Under by $0.3M November 5, 2009 November 5, 2009 November 5, 2009 November 5, 2009 Current Year November 5, 2009 November 5, 2009 Commercial Starts: Actual to Prior Year FY09Actual 2 FY10 Actual 1 FY10 Budget 2 QTR 9/30/2009 Down 1 Unit November 5, 2009 Town of Fountain Hills Staff Presentation A-Frame and Banner Sign Regulations Expiration Dates Discussion. 1 TOWN COUNCIL GOAL: “To further economic development, business vitality and relationships between the Town and businesses, to benefit our community” Objective: “To review community concerns and make staff recommendations related to signage regulations to support business visibility by October 31, 2008” 2 Background •Town Council approves major amendments to sign regulations on November 20, 2008, including: –Commercial A-Frames (and churches) reinstated but set to expire December 31, 2009 –“Banners, Balloons and Pennants” for “events such as special sales events” allowed but set to expire December 31, 2009 •Intent was to review impacts and compliance 3 Staff Activities •Open House October 19th –Public notification by Fountain Hills Times, Town website, channel 11 –Surveys created for attendees •Drive arounds 4 5 Feedback on A-Frame Signs (From Business Owners) Does the ordinance clearly spell out requirements for displaying A-frames? Yes ____ No____ Don’t Know ____ Comments Does the ordinance clearly describe the sign design requirements? Yes ____ No ____ Don’t Know ____ Comments Do the ordinance requirements allow the business to accomplish the sign’s objectives? Yes ____ No ____ Don’t Know ____ Comments How can the Town best communicate to the businesses the A-frame sign rules? If you have suggestions for improvement, include them here. Comments OPTIONAL: Do you currently have a business in town? _________ If “Yes”, do you currently use one or more A-Frame signs? ________ How Many? _______ 6 Feedback on A-Frame Signs (From Residents/Visitors) Do the A-frame signs provide valuable information to you? Yes ____ No ____ Don’t Know ____ Comments Do the A-frame signs create unwanted distractions or safety concerns? Yes ____ No ____ Don’t Know ____ Comments Do the A-frame signs create an unsightly environment? Yes ____ No ____ Don’t Know ____ Comments If you have suggestions for improvement, include them here. Comments Staff Summary/Feedback •Open House –Sparse turnout –12 attendees (6 residents, 6 business owners) –Business owners all support w/suggestions –Residents split w/concerns and suggestions –Comments •Drive arounds –3 conducted –2/3 of signs in violation –Violations primarily outside display times or in ROW •Other feedback 7 8 A-Frame Sign Ordinance Fountain Hills Zoning Ordinance, Section 6.08.B Not Allowed in Residential Zoning Districts (exception for churches) One Sign per Business/Church Location o Sign to be located on business location o Adjacent property OK if owned/leased by business, property held in common by members of property owners’ Assoc. or owned by business owner’s landlord Shall Not be Located in Public Right-of-way, parking area or loading area Shall Not pose a Traffic Vision Hazard Promotional Purposes Only Maximum Text Area is 4.5 Sq. Feet, Max Width 2 feet, Max Height 3 Feet Professional Construction & in Good Repair Balloon Attachments OK, but Max height Above Ground is 6 Feet No Landscaping Damage or Modification Hours to be Displayed, Only Between 7:00AM and 9:00PM December 31, 2009 – Last Date A-Frame Signs Allowed Discussion & Direction •What are the options? –Do nothing –Initiate a Zoning Ordinance amendment for a 1,2 or 3 year extension –Initiate a Zoning Ordinance amendment to remove the expiration date •Time is of the essence! –If amendments are initiated: •Notification needed in Times for November 11 •Planning & Zoning Commission recommendations on November 30th •Town Council approvals on December 17th 9 1117834.1 ORDINANCE NO. 09-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-1, COUNCIL, RELATING TO VACANCIES IN COUNCIL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-1, Council, Section 2-1-4, Vacancies in Council, is hereby deleted in its entirety and replaced with the following: Section 2-1-4 Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ. REV. STAT. § 9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Council Members, one person to serve as Mayor for the remainder of the Mayor’s term. The Council shall then fill, in the manner set forth in Subsection 2-1-4(A) above, the vacancy in the Council created by appointing a Council Member to serve as Mayor. C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy. SECTION 2. That, if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 1117834.1 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, November 5, 2009. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney