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,bat is As
NOTICE OF REGULAR AND EXECUTIVE
SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman Rick Melendez Councilwoman Hutcheson
Councilwoman Fraverd Vice Mayor Kavanagh
Councilwoman Ralphe
WHEN: THURSDAY, MARCH 21, 2002
TIME: 5:00 P.M. (the Council will meet in executive session from 5:00 to
6:30 p.m. at which time the regular session will begin)
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 EAST PALISADES BOULEVARD, BUILDING B
RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190
It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to
the wing rules of order if you wish to speak:
All citizens wishing to speak must first be recognized by the Mayor.
�.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had
adequate opportunity to discuss the item.
3.) Please stand, approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
1.) Pursuant to A.R.S. 38431.03.A.1, AND A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION for
discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries,
disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception
of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a
public meeting. The public body must provide the officer, appointee or employee with such personal notice of the
executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine
whether such discussion or consideration should occur at a public meeting; (specifically the contract for the Acting
Town Manager and recruitment for a new judge due to the pending retirement of Judge Shoob); AND for 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 regarding Robinson vs. the
Town); respectively.
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan
• INVOCATION — Pastor David Iverson from Fountain Hills Assembly of God
ROLL CALL
'14iWAYOR'S REPORT:
Recognition of resident William Cartee, the 68 year old McDonald's employee, who helped feed the athletes in Salt Lake
City as a member of the McDonald's Crew.
Town of Fountain Hills Page 1 of 2 Last printed 03/19/02 12:51 PM
Consent Agenda:
All items listed with an asterisk (") are considered to be routine, non -controversial matters and will be enacted by one
-,tion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
.ommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of March 7, 2002.
*2.) Consideration of a PRELIMINARY AND FINAL PLAT for Fountain View Village, located to the east
of Fountain Hills Boulevard, west of Avenue of the Fountains, and north of Avenida Vida Buena, to
subdivide the property into two lots, Case Number S2002-03.
*3.) Consideration of RESOLUTION 2002 — 11 declaring and adopting the results of the primary election held on
March 12, 2002.
*4.) Consideration of RESOLUTION 2002 - 12 abandoning whatever right, title, or interest the Town has in
certain public utility and drainage easement located along the northerly property line of Plat 505B, Block
2, Lot 11 (16207 Bottlebrush Way) as recorded in Book 158, of maps, Page 43 records of Maricopa
County, Arizona (Sherre Lyn Batson and Thomas P. McAuliff) EA2002-04
*5.) Consideration of RESOLUTION 2002 - 13 abandoning two (2) segments of the 1-foot Non -Vehicular
Access Easement (west and east driveways) located along the northerly Shea Boulevard property line of
Eagle Mountain Tract C-3, Parcel 1. Fry's Food Store of Arizona, NVAE 2002-02
6.) Consideration of ORDINANCE 02-03, an amendment to the Town Code, Chapter 3, Administration, by
adding to Article 3-1 Officer in General, Section 3-1-3 Town Magistrate: Section 3-1-3 (A) Education and
Certification, Section 3-1-3 (B) Length of Practice, Section 3-1-3 (C) Length of Term, and Section 3-1-3
(D) Judicial Experience.
7.) DISCUSSION WITH POSSIBLE ACTION on a motion to direct Maricopa County Elections
Department to remove one or both items from the May 21st, 2002, General Election Ballot regarding
Proposition 400, a base limit adjustment, and Proposition 401, a primary property tax levy.
8.) Consideration of a SPECIAL USE PERMIT application to permit a guest house as a special use in an
"R1-35" Residential Zoning District, located at 16648 N. Boulder Drive, aka Plat 505C, Block 1, Lot 28,
Case Number SU2001-17.
9.) COUNCIL DISCUSSION concerning items/issues to be included in the manager's preparation of the
Town's 2002-2003 fiscal year budget.
10.) CALL TO THE PUBLIC AND ADJOURNMENT.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the
Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters
raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. _ ,
DATED this 19th day of February, 2002 )LJA- v-L, .
Cassie B. Hansen, Director of Administratiordrown Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with
abilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting
ner 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.
Town of Fountain Hills Page 2 of 2 Last printed 03/19/02 12:51 PM
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a31 0 TOWN of FOUNTAIN HILLS
- Community Development Department
Oat is An"
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Roy Pederson, Acting Town Manager
FROM: Dana Burkhardt, Senior Planner
SUBJECT: Case # S2002-03; consideration of the final plat for "Final Replat of
Fountain View Village", a two lot subdivision project.
DATE: March 14, 2002
This request is for approval of a final plat for the "Final Replat of Fountain View Village", a two lot
subdivision project located at the northeast corner of Fountain Hills Boulevard and Avenida Vida
Buena. Please refer to the attached Staff Report for additional details regarding this request. If you
should have any questions, I can be reached at (480) 816-5138.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
TOWN OF FOUNTAIN HILLS
*AW PLANNING & ZONING COMMISSION AND STAFF REPORT
March 21s`, 2002
CASE NO: S2002-03
LOCATION: Northeast corner of Fountain Hills Boulevard and Avenida Vida Buena, aka. Final
Plat of Fountain View Village
REQUEST: Consider approval of the "Final Replat of Fountain View Village" a lot split request.
CASE
MANAGER: Dana Burkhardt, Senior Planner
DESCRIPTION:
OWNER: Fountain View, LLC
APPLICANT: Montgomery Engineering & Management, LLC
EXISTING ZONING: "C-2" Intermediate Commercial
EXISTING CONDITION: Senior Living Facility
LOT SIZE: 18.3 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Safeway/Palisades Plaza; zoned "C-2"
SOUTH: La Vida Buena Condominiums; zoned "R-4"
EAST: Thunder Ridge Condominiums; "C-2" by SUP
WEST: Multiple Family residential; zoned "R-4"
SUMMARY:
This request is for final plat approval of a replat for "Fountain View Village Final Plat", a two lot
subdivision. The owner proposes to subdivide the existing plat to create Lot 2, a 101,895 square
foot (2.34 acre) commercial lot located along Fountain Hills Boulevard. The applicant is also
requesting that a portion of the existing 1' Non -Vehicular Access Easement (NVAE) along
Fountain Hills Boulevard be abandoned.
EVALUATION:
The proposed lot configuration meets all of the minimum Zoning and Subdivision Ordinance
requirements. The proposed common property line between lots 1 & 2 maintains a minimum
distance of 47 feet from the existing skilled nursing building on lot 1. A zero lot line building
setback is required on both properties from the common lot line. The proposed common property
`ftw boundary is located approximately 8 feet from the existing drive aisle on lot 1.
The request for abandonment of the NVAE is premature. Staff would review proposed
development of Lot 2 prior to the abandonment of any portions of the existing NVAE.
A Comprehensive Sign Plan Special Use Permit has been approved for the development of this
property. For your review, I have attached a copy of the staff report describing the permitted
signage for this property.
RECOMMENDATION:
The proposed lot configuration is in compliance with the regulations of The Town of Fountain Hills
Zoning Ordinance. The Planning and Zoning Commission and Staff recommend approval of
replat S2002-03; "Final Replat of Fountain View Village" with the following stipulations:
1) The applicant shall provide a note on the final replat stating "Abandonment of the 1' Non -
Vehicular Access Easement shall be by separate request and document subject to Town
Council approval."
2) The applicant shall provide a note on the final plat stating "All future signage on this
property shall conform to the approved Comprehensive Sign Plan Special Use Permit."
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION AND STAFF REPORT
September 6, 2001
CASE NO: SU2001-11
LOCATION: 16455 Avenue of the Fountains, aka -Final Plat Fountain View Village.
REQUEST: Consideration of a S ecial Use Permit, for a Comprehensive Sign Plan for existing
and future buildings at Fountain ViewTi age.
PROJECT MANAGER: Jesse Drake, Senior Long Range Planner
DESCRIPTION:
APPLICANT:
OWNER:
EXISTING ZONING:
EXISTING CONDITION:
PARCEL SIZE:
Vital Signs
Fountain View, L.L.C.
"C-2" w/S.U.P. SU99-04.
Partially built -out group
vacant land remaining.
18.31 acres
SURROUNDING LAND USES AND ZONING:
home building complex, some
NORTH: Existing retail center, zoned "C-2"
SOUTH: Existing multi -family (La Vida Buena) and vacant land, zoned "R-4"
EAST: Existing multi -family (Thunder Ridge), zoned "C-2" w/S.U.P. SU97-03
WEST: Existing multi -family (Four Peaks Vistas) and vacant land, zoned "R-4"
SUMMARY:
This request is for approval of a Comprehensive Sign Plan for the Fountain View Village Senior
Living Center complex. The proposal consists of:
1. Four 24-square foot freestanding monument signs, with the provision for one future 24-
square foot freestanding monument sign for a future building.
a. One at the northernmost entry on Avenue of the Fountains
b. One at the corner of Avenue of the Fountains/Avenida Vida Buena
c. One at each of the two entry driveways on Avenida Vida Buena
d. One at the future building site at the northeast corner of Fountain Hills
Boulevard/Avenida Vida Buena
2. Four directional signs, each two square feet in area, 3.5 feet tall
a. One at each of the two entry driveways on Avenue of the Fountains
b. One at each of the two entry driveways on Avenida Vida Buena
3. Building identification signs
The monument signs will have external ground mounted illumination. The directional signs
will be internally illuminated. Building identification signs will not be illuminated.
EVALUATION:
The Fountain View Village group home complex was originally permitted by Special Use Permit
SU99-04. The 8/12/99 staff report states in part: "In discussions with staff prior to application of
this special use, staff made the interpretation that the Skilled Nursing and Assisted Care portions of
the request were commercial in nature.... Staff further interpreted that the Independent Care facility
was more of a multi -family use. No part of the original application contained any provision for
signage.
The zoning ordinance specifies that the signage for a non-residential building complex in a C-2
zoning district conform to the requirements of a Comprehensive Sign Plan (Section 6.07.D.2). As
such the allowable signage would be limited to one freestanding sign of 24-square feet on each
street frontage, and wall (building) mounted signage. Additionally, Section 6.06.C.3 restricts the
approval of a Comprehensive Sign Plan to projects of at least forty (40) acres if there is a mixture of
residential and non-residential development.
Since the acreage is insufficient for a Comprehensive Sign Plan and the applicant and owners of the
Fountain View Village Senior Living Center are requesting more than one freestanding sign per
street frontage, the only method to accommodate the request is a Special Use Permit application.
The proposed signage is low-key and in keeping with the design of the center. All monument signs
will be placed onto split -face block architectural features. The corner monument sign will identify
the project as a whole at the intersection, and will blend into the slope of the hill and incorporate
landscaping above the block wall. The remaining monument signs will identify the individual
building uses: Independent Living, Assisted Living and Skilled Nursing. The proposal includes
one future matching monument sign for a future building at the remaining vacant portion of the site.
Four illuminated directional signs are proposed placed at each of the complex entrances to assist
with internal circulation at the project site.
Approval of this Special Use Permit would limit future signage on the site. No other signage for
commercial uses would be allowed. No neon or backlit signage would be permitted. No directory
boards would be permitted. The signage for the future building on the vacant portion of the site
would be identified and pre -approved, -eliminating the need for future permits by the applicant.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of SU 2001-11, "Fountain View
Village" on August 23, 2001 with one stipulation, and staff recommends approval of SU 2001-
11, "Fountain View Village" Comprehensive Sign Plan with the stipulation that:
1. The directional sign, located in the planter box at the main entrance into the complex
from Avenue of the Fountains, shall be placed a minimum of eighteen (18) feet back
(west) from the projected street curb line (face of curb) to the street -most portion of the
sign.
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TOWN OF FOUNTAIN HILLS
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COMMUNITY DEVELOPMENT DEPARTMENT
PRELIMINARY. PLAT -APPLICATION
Date Filed
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ENGINEERING 8 MANAGEMENT, L.L.C.
16,16 E. PARK VIEW AVE. SUITE 204
FOUNTAIN HILLS. ARIZONA 85268
(480) 837-1845 to. (480) 837-8668
e-mail: dmontgomeryt Qgwest.net
FOUNTAIN VIEW, L.L.C.
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ADDRESS
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REPLAT
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. Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL"`'
From: CASSIE HANSEN, DIRECTOR OF ADMINIST T`! rN/TOWN CLERK
Date: 3/19/2002
Re: AGENDA ITEM #3
AGENDA ITEM #3 — RESOLUTION 2002-11 CANVASSING THE ELECTION
As mentioned in the memo I included in last Friday's packet, you will be acting on a statutory
election housekeeping item Thursday night. Adoption of Resolution 2002-11 will canvass the
election and make the unofficial results official. I am including the 'almost complete" resolution
with this mini packet to insure delivery before Thursday night. The only stats missing are the total
ballots to be verified, challenged and ineligible. They are denoted on the resolution with double X's
(XX). Whatever those numbers turn out to be will not affect the numbers that appear on the
resolution. They have already been reflected in the totals and are for information purposes only. I
will have clean copies for signature Thursday night.
Please do not hesitate to contact me with any questions.
Pic of 1 Cassie Hansen Last printed 3/19/2002 1:17 PM
3/19/2002
RESOLUTION 2002-11
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY,
ARIZONA, DECLARING AND ADOPTING THE RESULTS OF
THE PRIMARY ELECTION HELD ON MARCH 12, 2002.
WHEREAS, the Town of Fountain Hills, Maricopa County, Arizona did hold a primary
election on the 12t' day of March, 2002 for the nomination of a Mayor and three Councilmembers;
and
WHEREAS, the election returns have been presented to and have been canvassed by the
Town Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Fountain Hills, Maricopa County, Arizona, as follows:
SECTION 1. That the total number of ballots cast at said primary election, as shown by
the poll lists, was 4,572.
SECTION 2. That the number of ballots to be verified was M, the number of challenged
ballots was Q and that voters found to be ineligible were 32.
SECTION 3. That the votes cast for the candidates for mayor were as follows:
BEYDLER, Jon 520 369 312 325 293 408 429 2,656
MORGAN, Sharon 448 240 215 202 191 183 326 1,805
SECTION 4. That the votes cast for the candidates for councilmember were as follows:
ARCHAMBAULT, Michael
451
336
291
283
246
342
404
2,353
HANSEN, Bruce D.
498
277
268
251
247
263
343
2,147
HENRY, Hugh
327
262
225
219
210
254
325
1,822
HUTCHESON, Sharon B.
480
256
223
223
190
236
309
1,917
KAVANAGH, John
571
319
306
254
256
314
388
2,408
NICOLA, Kathleen Connelly
430
294
234
268
239
304
379
2,148
Resolution 2002-11
Page 1 of 2
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SECTION 5. That is hereby found, determined and declared of record, that the following
3 candidates did receive the greatest number of votes of the electors of the town at said election and
are hereby issued certificates of election:
MAYOR:
COUNCII-A EMBER:
COUNCILMEMBER:
Jon Beydler
Michael Archambault
John Kavanagh
SECTION 6. That is hereby found, determined and declared of record, that the following
2 candidates for councilmember did receive the next greatest number of votes of the electors of the
town voting at said election and shall have their names placed on the general municipal election
ballot of the Town of Fountain Hills, Maricopa County, Arizona, to be held on the 21st day of May,
2002, and are hereby issued certificates of nomination:
COUNCILMEMBER:
COUNCMMEMBER:
Bruce D. Hansen
Kathleen Connelly Nicola
SECTION 7. This resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, this 21S` day of March, 2002.
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
REVIEWED BY:
Roy Pe rson, flown Manager
ATTEST TO:
Cassie B. Hansen, Director of Admin./Town Clerk
Resolution 2002-11
Page 2 of 2
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Town of FOUNTAIN HILLS
Engineering Department
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Art Candelaria, Civil Engineer L�-- , i lI
REVIEWED: Randy Harrel, Town Engineei i y.
i
THROUGH: Roy Pederson, Interim Town Manager
DATE: March 13, 2002
RE: Easement Abandonment 2002-04; Resolution 2002-12
16207 Bottlebrush Way
Plat 505B, Block 2, Lot 11
Sherre Lyn Batson & Thomas P. McAuliff
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 11, Block 2, Plat 505B,
(16207 Bottlebrush Way) as shown in Exhibit "A". The property owners of Lot 11 desire the
assurance that any future improvements made to the lot will not be infringed upon by the
construction of utilities. Staff has received no comments to date from the adjacent property
owners. The westerly 20' of the northerly 10' public utility easement will be retained for existing
and potential future utility boxes.
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 11 are required to pass the developed flows
generated by the upstream lots across their property.
All affected utility companies have been notified of this abandonment proposal and have
approved of the proposed abandonment of this public utility easement.
Staff recommends adoption of Resolution 2002-12.
lib
att.
Cc: Ms. Batson & Mr. McAuliff - (Property Owner - 16214 N. Gold)
M/M Cegon -- M/M Sexton -- M/M Pearce -- M/M Doggett --
EA2002-04; Res 12 16207 N. Bottlebrush Way, Plat 505B, Blk 2, Lot I 1 (Batson & McAuliff
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
When recorded, return to;
ngineering Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2002-12
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 AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF
LOT 11, BLOCK 2, OF PLAT 505B, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of public
streets, sewer, water, drainage, and other utility easements or rights -of -way within
any proposed subdivision; and
WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plat or
other lawful means; and
VHEREAS. All present utility companies have received notification of the proposed
abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows;
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements,
located along the northerly property lot line of Plat 505B, Block 2, Lot 11, Fountain
Hills, Arizona; as shown in Exhibit "A"; as recorded in book 158 of maps, page 43
records of Maricopa County, Arizona; are hereby declared to be abandoned by
the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 11 are 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 therefrom or existing previous to any
action by the Town.
Resolution 2002-12
Page 1 of 2
�` PASSED AND ADOPTED this 2151 day of March 2002.
ATTEST:
Cassie B. Hansen, Town Clerk
REVIEWED BY:
Q, --7f" " Paiti
Roy Pe t
rson, Interim Town Manager
FOR THE TOWN OF FOUNTAIN HILLS
Morgan,
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
Resolution 2002-12
4) Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505—B BLOCK 2 LOT 11
PLAT BOOK 5 58 B ROW / � R/ciy 0
00
PAGE 43177
, R �s• \ �F
LOT 12
RETAIN 20' L.F. OF 10'
P.U.E. & ABANDON 10' E.
v i ABANDON 10'
P.U.E. & D.E.
LOT 8 �' LOT 13
4 \
o �
� BLOCK 2
/6.-,-g000,00~ LOT 11 \
t R=20.00 + /
L=31.42' •g$
LOT 10
SCALE: 1 "=40'
DATE: 03-01-02
/
LOT 28
LOT 29
16545
RANDY L.
I
a URk�!
J
ned ,
y
R� s
DNA,
.. til
C
� xSF:19g`� s
'bat is Ate'°4
Interoffice Memo
To: Honorable Mayor and Town Council
From: Bev Bender, Executive Assistant to the Town Clerk
Date: 3/15/02
RE: Agenda Item #6
AGENDA ITEM #6 — ORDINANCE 02-03 TOWN CODE AMENDMENT
Bill will provide this ordinance and his memo to the Council early next week.
If you have any questions, please contact Bill.
Law Offices of
William E. Farrell, P.L.L.C.
Tel (480) 837-5750 William E. Farrell Building A.
Fax (480) 837-5805 16838 E. Palisades Blvd.
E-mail billfarrell@gwest.net Fountain Hills, AZ 85268
MEMORANDUM
TO: Mayor and Council
Town Manager
Town Clerk
Presiding Judge
FROM: William E. Farrell
Town Attorney
DATE: March 21, 2002
RE: Ordinance 02-03
On your agenda for consideration this evening is Ordinance 02-03 amending a small part of
Chapter 3 and a significant portion of Chapter 5 of the Town Code all dealing with our
Municipal Court.
The basic change to Chapter 3 is to remove the title Magistrate and substitute the title Presiding
Judge. As you know the Municipal Court has been in existence since shortly after incorporation
and although the nomenclature in the past had been Magistrate the Arizona State Supreme Court
has been effectively moving for a consolidated system of courts. Part of that program and the
perception by most of the individuals is that our Judge is a judge. The title of Magistrate
therefore is being recommending to be changed to Presiding Judge.
The changes to Chapter 5 of the Town Code have more substance. The repetition of the removal
of Magistrate and the substitution of Presiding Judge continues, however, the first set of
significant revisions appear in Section 5-2-1 on page 2 of the Ordinance wherein it is the
recommendation of Staff that the initial term for the new judge be two (2) years and its
subsequent terms be four (4) years. Staff also recommends that applicants for the position be
Arizona licensed attorneys with five (5) years experience in either private practice or on the
bench. This section also recommend that an initial term of two (2) years with subsequent terms
of four (4).
As always if we can answer any questions please do not hesitate to contact our office and Staff
would conclude by respectfully requesting you look with favor upon Ordinance 02-03.
k ORDINANCE 02-03
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN
CODE, CHAPTER 3, ADMINISTRATION, BY AMENDING ARTICLE 3-1
OFFICERS IN GENERAL, SECTION 3-1-3 TOWN MAGISTRATE TO
REFLECT THE CHANGE IN TITLE FROM "TOWN MAGISTRATE" TO
"TOWN PRESIDING JUDGE", AND AMENDING CHAPTER 5,
MUNICIPAL COURT, ARTICLE 5-2 OFFICERS, POWERS AND DUTIES,
ARTICLE 5-3 PROCEEDINGS OF COURT, AND ARTICLE 5-5 COURT
CLERK:
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town code of the Town of Fountain Hills, Chapter 3, Administration, is
amended by amending Article 3-1 Officers in General, Section 3-1-3 Town
Magistrate, and that Chapter 5 , Municipal Court, Articles 5-2, 5-3 and 5-5 are
amended as indicated in Section 2 of this Ordinance. (New text is shown as ALL
CAPS, deleted text is shown as str-ileugh.)
Section 2. Chapter 3, Section 3-1-3 Town "fie -PRESIDING JUDGE
The town magistr-ate PRESIDING JUDGE shall be appointed by the council and
shall be the presiding officer of the MUNICIPAL court. He shall
perform those functions necessary to the maintenance of the
MUNICIPAL court as provided by state law.
Chapter 5, Municipal Court, Article 5-2 Officers, Powers and Duties
Sections:
5-2-1
Presiding Magistr-ate JUDGE
5-2-2
Associate PRO TEM JUDGE
5-2-3
Substitution Mag}stFate JUDGE
5-2-4
Powers and Duties of the Town Magistrate PRESIDING
JUDGE
5-2-5
Hearing Officers
5-2-6
Relationship of Town Municipal Court with Appointing and
Funding Authority
5-2-7
Court Revenue
E
Section 5-2-1 Presiding Mee JUDGE
The presiding officer of the town municipal court shall be the presiding m�
JUDGE who shall be appointed by the council for aN INITIAL term of two years
WITH SUBSEQUENT TERMS OF FOUR YEARS with the beginning and end
of the term to be specified at the time of appointment. During such term, the
magiJUDGE may be removed only for cause. The presiding
JUDGE shall control the calendar, supervise the activities of the ^1i
COURT ADMINISTRATOR and make all sitting assignments for
PRO TEM JUDGES. The presiding magi e JUDGE shall serve for such
salary or other compensation as the council may determine. THE PRESIDING
JUDGE SHALL BE AN ATTORNEY LICENSED TO PRACTICE IN THE
STATE OF ARIZONA, WITH AT LEAST FIVE (5) YEARS EXPERIENCE IN
PRIVATE PRACTICE OR ON THE BENCH.
Section 5-2-2 Associate MagistFate PRO TEM JUDGE
The office of associate magistrate PRO TEM JUDGE is hereby created. The
associate magistrates PRO TEM JUDGES shall be appointed by the
L, PRESIDING JUDGE to serve at the pleasure of the magistrate PRESIDING
JUDGE and to perform the duties of the magistrate PRESIDING JUDGE in the
absence of the magistrate PRESIDING JUDGE. The associate PRO
TEM JUDGES may serve for such salary or other compensation as the council
may determine.
44W
Section 5-2-3 Substitute JUDGE
The office of substitute magistr-ate JUDGE is hereby created. The individual
serving as justice of the peace in the precinct in which the town hall is located
may serve as substitute mrate JUDGE in all cases where the presiding
JUDGE and all associate magistfates JUDGES are unable or unwilling
to act and where requested to so serve by the presiding JUDGE.
Section 5-2-4 Powers and Duties of the Town AlagistraWPRESIDING
JUDGE.
The powers and duties of the tewn magist PRESIDING JUDGE shall include:
K
A. The powers and duties set forth and conferred upon the fnagggate JUDGE
0 under the provisions of the state constitution and statutes, this code and the
ordinances and resolutions of the town.
B. The keeping of a docket in which shall be entered each action and the
proceedings of the court therein.
C. The responsibility for €i*ieg SETTING and receiving all bonds and bails
and receiving all fines, penalties, fees and other monies as provided by
law.
D. Payment of all fees, fines, penalties and other monies collected by the
court to the town, in accordance with a schedule established by the town
manager.
E. Submitting a monthly report to the council summarizing court activities
for that month.
F. Preparation of a schedule of traffic violations, not involving the death of a
person, listing specific bail for each violation.
G. Ser-viee SERVE as juvenile hearing officer if appointed by the presiding
judge of the juvenile court for Maricopa County.
Section 5-2-5 Hearing Officers
The council may appoint one or more hearing officers to preside over civil traffic
violation cases when, in their opinion, the appointment of such hearing officers is
necessary to assure prompt disposition of civil traffic violation cases. Hearing
officers may hear and dispose of civil traffic violation cases which are appealable
to the superior court. Hearing officers shall be supervised by the presiding officer
of the town municipal court.
Section 5-2-6 Relationship of Town Municipal Court with Appointing and
Funding Authority
Because of the relationship between the town and the town municipal court, town
JUDGES must exercise care to insure that the adjudication process
remains free from the influence of any person or institution having responsibility
for judicial appointments or funding. While any JUDGE may listen to
the counsel of others, decisions regarding the resolution of a particular case must
be made by the magistrate JUDGE in the exercise of a free and unfettered
judgment. Decisions regarding the overall function of the court are the sole
responsibility of the presiding magie JUDGE. The authority of the presiding
magi-st-fate JUDGE for making decisions regarding the overall function of the
court applies to decisions concerning handling of court mail and records, aad
hiring, supervision, discipline and dismissal of court personnel ; previded th
deeisiona . DECISIONS regarding hiring, supervision and dismissal of court
personnel must be consistent with municipal personnel policy. Personnel rules
3
adopted by the town for the employment, grievance procedures, termination, sick
leave, overtime, vacation time and other items are applicable to employees of the
town municipal court. In employing additional personnel, the existing town
personnel procedures shall be followed. The presiding m� JUDGE shall
have exclusive supervisor authority over all court personnel while such personnel
However, non judicial functions, such as
custodial and maintenance services assigned to the town municipal court may be
performed by employees or contractors working under the supervision and
authority designated by the town council.
Section 5-2-7 Court Revenue
The PRESIDING JUDGE should not permit anyone to control or
influence the discretionary amount of any fine, penalty or sanction imposed.
Under the direction of the presiding JUDGE, the court shall collect all
fines, sanctions, restitution and bond payments imposed by the court. Because all
monies coming into the possession of the town municipal court are public monies,
these funds shall be handled and accounted for in accordance with state law and
procedures adopted by the town council.
Chapter 5 Article 5-3 Proceedings of Court.
Sections:
5-3-1
Proceedings
5-3-2
Admission to Bail
5-3-3
Jury Trials
Section 5-3-1 Proceedings
5. The proceedings of the town municipal court shall be
conducted in accordance with the state constitution, the
applicable state statutes and rules of the state supreme court
pertaining to justice of the peace or town peliee
MUNICIPAL courts. The proceedings shall also be
conducted in accordance with the rules of procedure in civil
traffic cases and the rules of criminal procedure, including
the provisions thereof regarding bail, issuance of
subpoenas, summons and warrants, and punishment for
disobedience thereof, so far as applicable and when not
otherwise prescribed.
6. The town municipal court proceedings for violations of this code and town
ordinances shall be commenced by complaint under oath and in the name
of the state setting forth the offense charged, with such particulars of time,
`�.. place, person and property as to enable the defendant to understand
distinctly the character of the offense complained of and to answer the
complaint.
7. If the magistr-ate JUDGE is satisfied that there exists probable cause to
believe that the offense complained of has been committed by the person
charged, he shall issue a summons or a warrant of arrest. Before issuing a
summons or warrant of arrest on a complaint, the magistr-ate JUDGE may
subpoena and examine witnesses as to the truth of the complaint.
Section 5-3-2 Admission to Bail
Defendants, after arrest and before conviction, shall be admitted to bail, if bailable, and
the rules of criminal procedure shall govern the release of all defendants,
wherever applicable.
Section 5-3-3 Jury Trials
I. The right of trial by jury shall be granted in all cases of
such a nature as are triable before a jury under the
constitution and laws of the state, but not for violation of
ordinances of such a nature as by common law are not
triable by a jury.
2. Each juror for every day's attendance in the town municipal court shall be
paid a sum fixed by the council.
3. The formation, summoning, drawing and disposition of names and
impaneling of juries in the town municipal court shall be done in the same
manner as in courts of record.
4. Selection of potential jurors shall be made from the list furnished by the
county eleetiens depaFtment JURY COMMISSIONER'S OFFICE.
Chapter 5 Article 5-5 Court mil£ Employees
Sections:
5-5-1 Appointment and Compensation
5-5-2 Duties of Court Clerk ADMINISTRATOR
5-5-3 Assistant Court Cler- s COURT SERVICES SPECIALISTS
Section 5-5-1 Appointment and Compensation
5
The town municipal court shall have a court Elefk ADMINISTRATOR appointed
�. by the presiding magistrate JUDGE. The court c-Ier4 ADMINISTRATOR shall be
an employee of the town whe may also pe4eFm other- duties for the and
shall serve as a eeui4 e4er4 at the pleasure of the presiding Fnagistr-ateJUDGE.
Compensation of the court e-4er4 ADMINISTRATOR shall be established by the
council and be comparable with other employees of a similar class.
Section 5-5-2 Duties of Court Qe& ADMINISTRATOR.
The duties of the court elm ADMINISTRATOR are the following, subject to the
overall supervision of the presiding magistrate JUDGE with regard to their
performance:
A. Te-�t-ACCEPT and file all summons, complaints, pleading, motions,
records, judgments and other documents presented to, or issued by, the
town municipal court in the exercise of its jurisdiction.
B. PREPARE and maintain the court's dockets, calendar and
other records of its proceedings.
C. To issue ISSUE any town court process.
D. z RECEIVE and collect all funds in payment of fines, bail and
costs, and to deposit, disburse and account for the same as required by
state statute or court rules.
E. To assist in the pfepafati PREPARE all statistical and other reports
required to be maintained or filed by the town municipal court.
F. To-peFfeFm PERFORM such other services as may be directed by the
magistfate JUDGE in the exercise of the town municipal court's
jurisdiction.
G. To fumish FURNISH all secretarial services required in the exercise of the
jurisdiction of the town municipal court.
Section 5-5-3 Assistant Court Cle--lks COURT SERVICES SPECIALISTS
The presiding magistfate JUDGE may appoint one or more assistant , ew4 ell fks
COURT SERVICES SPECIALISTS, who, subject to
the supervision of the presiding magistrate JUDGE, may perform the duties of the
court elerk ADMINISTRATOR when the court clerk ADMINISTRATOR is
unavailable to do so.
2
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills, Arizona this 21st day of March, 2002.
FOR THE TOWN Of FOUNTAIN HILLS:
Sharon Morgan, Ma
REVIEWED BY:
Q6, Z pl� 6-��
Roy P erson, Acting Town Manager
ATTESTED TO:
— (L4-L��6 iL�
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
pJAF I
l;�Yjx PAW. A M.
William E. Farrell, Town Attorney
7
Chron 38
0
a
�� as
�rbat is
Town of FOUNTAIN HILLS
Engineering Department
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Jim Leubner. Senior Civil Engineer
THROUGH: Randy L. Harrel, Town Engineer
DATE: March 13, 2002
RE: Non -Vehicular Access Easement Abandonment 2002-02
Resolution 2002-13
Section of Shea Blvd. & Eagle Mountain Parkway
1-foot VNAE Abandonment East and West Driveways
Fry's Food Stores of Arizona
This item on the Town Council's agenda is a proposal to abandon two (2) segments of the I'
Non- Vehicular access easement located along the northerly Shea Boulevard property line of
Eagle Mountain Tract C-3, Parcel 1, (As shown in Exhibits "A" and Exhibit "B"), The applicant
desires to abandon both of these easement segments to allow access from Shea Boulevard
into their project. The civil improvement plans have been approved by Town staff with the
driveways designed and located per Exhibits "A" and "B",
The Town Engineer has reviewed the site relative to the Town's traffic and access interests
along Shea Boulevard and has determined that there is no need for the Town to retain these
portions of this "Non -Vehicular Access" Easement. Therefore, the Town has no objections to
abandoning it.
Staff recommends adoption of Resolution 2002-13.
/jb
cc: Tom Ward
Jeff Valder
Art Candelaria
Artie Hauer, Eagle Mountain Investors/via Fax (602) 265-7740
NVEA 2002-02 1-ft Abandonment east & west driveways Shea Boulevard
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
When recorded, return to:
Engineering Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2002-13
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 NON -VEHICULAR ACCESS
EASEMENT LOCATED ALONG THE NORTHERLY (SHEA BOULEVARD) LOT
LINE OF PARCEL 1 EAGLE MOUNTAIN TRACT C-3, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 436 OF MAPS, PAGE 30, RECORDS OF
MARICOPA COUNTY, ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of public
streets, sewer, water, drainage, and other utility easements or rights -of -way,
including no vehicular access easements, within any proposed subdivision; and
WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plat or
other lawful means; and
NHEREAS, The Town of Fountain Hills received notification of the proposed abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1. That the certain portions of the one foot (1 ) Non -Vehicular Access Easement,
located along the northerly (Shea Boulevard) property lot line of Parcel 1 Eagle
Mountain Tract C-3 as shown in Exhibits "A" and "B" Fountain Hills, Arizona; as
recorded in book 436 of maps, page 30 records of Maricopa County, Arizona; is
hereby declared to be abandoned by the Town of Fountain Hills.
SECTION 2, That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment or assert any right resulting therefrom or existing previous to any
action by the Town.
Resolution 2002-13
Page 1 of 2
PASSED AND ADOPTED this 2151 day of March 2002.
ATTEST:
Cassie B. Hansen, Town Clerk
REVIEWED BY:
Rc j Pe erson Interim, Town Manager
CO
FOR THE TOWN OF FOUNTAIN HILLS
2 �G
Sharon Morgan, M yor
APPROVED AS TO FORM:
r W . �) I
-�A� T'J,�
William E. Farrell, Town Attorney
Resolution 2002-13
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
SHEA BOULEVARD
1-FOOT VNAE ABANDONMENT
WEST DRIVEWAY
THAT PART OF PARCEL 1, ACCORDING TO THE FINAL PLAT FOR EAGLE MOUNTAIN
TRACT C-3, AS RECORDED IN BOOK 436, PAGE 30, MARICOPA COUNTY RECORDS,
MORE PARTICULARLY DESCRIBED FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT BEING
ON THE SOUTH 200-FOOT RIGHT-OF-WAY LINE OF SHEA BOULEVARD; THENCE ALONG
SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 790 12' 28" WEST 622.17 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 100 47,
32" EAST 1.00 FEET TO A POINT ON A LINE 1.00 FEET SOUTH OF AND PARALLEL
TO SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 790 12' 28" WEST 32.05 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 100 47' 32" WEST 1.00 FEET TO A
POINT ON SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE NORTH 790 12, 28"
EAST 32.05 FEET TO THE TRUE POINT OF BEGINNING;
SAID PARCEL CONTAINS 32 SQUARE FEET OR 0.0007 ACRES, MORE OR LESS.
S
\F AT
2 0
LAWRETIC °
o PEARSOt�
\DNA, U SA
EXHIBIT "All
N 10 47'32 "W
1.00'
SHEA
TPOB
i
i
E 32 051 S10'47'32"E
79'12'28� 1.00'
N
� 9�ZS,W
i
VA RD
OULE
522-117
12' 28"WJ
- NEC
PARCEL 1
POC
-FOOT VNAE
401, PG 18,7MCR
v�EAGLE
��� BK
PARCEL 1
MOUNTAIN TRACT C-3
436, PG 30, MCR
rn
3 vN
rA I N P q
N R
41r4Q'
i,VM
x ' .0. V ...�
ul
q�pj20 crP
� NTS
FOUNTAIN HILLS, ARIZONA
/
WEST D/W OF EAGLE MOUNTAIN
j JMA ENGINEERING CORPORATION VILLAGE MARKET PLACE
531 Bethany Home Road, Garden Site
a- 1—FOOT VNAE ABANDONMEN
�MPhoenix, Arizona 85012
99564x_esmt_west 01102
EXHIBIT "B "
79
LEGAL DESCRIPTION
SHEA BOULEVARD
1-FOOT VNAE ABANDONMENT
EAST DRIVEWAY
THAT PART OF PARCEL 1 ACCORDING TO THE FINAL PLAT FOR EAGLE MOUNTAIN
TRACT C-3, AS RECORDED IN BOOK 436, PAGE 30, MARICOPA COUNTY RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT BEING
ON THE SOUTH 200-FOOT RIGHT-OF-WAY LINE OF SHEA BOULEVARD; THENCE
ALONG SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 790 12' 28" WEST 297.78
FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 100 47'
32" EAST 1.00 FEET TO A POINT ON A LINE 1.00 FEET SOUTH OF AND PARALLEL
TO SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 790 12' 28" WEST 66.55 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 100 47' 32" WEST 1.00 FEET TO A
POINT ON SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID 200-FOOT RIGHT-OF-WAY LINE NORTH 790 12' 28" EAST
66.55 FEET TO THE TRUE POINT OF BEGINNING:
SAID PARCEL CONTAINS 67 SQUARE FEET OR 0.0015 ACRES, MORE OR LESS.
99564ld 1
EXHIBIT "B"
— 7TPOB
" fib 55�- S10'47'32"E
N79'12'28 E� 41.00'
�W 55
N1047'32"W 79 8 /
1.00' /
SHEA
a
Ln I
3
_- BOULEVARD
gOU
o ,L •12#28"W
s�
Io �,-
2g7.78
1-FOOT VNAE
BK 401, PG 18, MCR
PARCEL 1
EAGLE MOUNTAIN TRACT C-3
BK 436, PG 30, MCR
NEC
PARCEL 1
POC
Q
o v
Eo NTA I N
35832 �° P A RKI�,
x, u q Y
'9p2onod
IVA U cP
1D NTS
u
m
rn FOUNTAIN HILLS, ARIZONA
i
EAST D/W OF EAGLE MOUNTAIN
% JMA ENGINEERING CORPORATION VILLAGE MARKET PLACE
Bethany Home Road, Garden Site
Ph 1—FOOT VNAE ABANDONMENT
� Phoenix, Arizona 65012
99564x_esmt_east 01102
Ir
1•- MEMORANDUM
TO: HONORABLE MAYOR MORGAN AND
TOWN COUNCILMES
FROM: ROY PEDERSON, A TINGIIOMANAGER
DATE: MARCH 7, 2002
RE: BUDGET POLICY DECISION/DIRECTION
The process for preparing the fiscal year 2002-2003 budget has begun. This is an
appropriate time for the Town Council to give any policy direction that you deem
appropriate. In prior years, six priority items have been identified: law enforcement,
community center construction, park construction, street maintenance, open space
preservation, and downtown development. The council may wish to add to, delete from,
or modify these items.
Departments have indicated that some significant capital needs will be requested,
including items such as radio upgrades, vehicle replacements, and a dispatching console
for the Marshals Department, totaling approximately $275,000, some staffing
considerations in both Community Development and Parks and Recreation, and some
park capital projects for Fountain Park and Four Peaks Park. In addition, this is the time
to consider compensation issues for Town employees.
The difficulty of predicting the Town's fiscal condition for this year is complicated by the
expenditure limit and transfer of the former fire district's property tax to the Town. It
seems quite clear that if the revenue previously collected by the district is not made
available to the Town, extremely painful decisions might have to be made for fiscal year
2002-2003.
We also have to grapple with the issue relating to the state of the economy in general.
Further, the Legislature may end up taking actions that affect revenues shared by the
municipalities with the State. So far, revenues and expenditures are holding relatively
solid for the current year, and as more time passes, it seems less likely that the
Legislature's action would negatively affect the current fiscal year.
PARKS AND RECREATION DEPARTMENT
BUDGET POLICY DISCUSSION ITEMS
2002-2003 Fiscal Year
Park Construction
FOUNTAIN PARK
Fiscal year 2001-2002 included $1,000,000 from the general fund and over $200,000
from a State Heritage Grant for Fountain Park — Phase II Improvements and three
additional alternates. While the Town was unsuccessful in its pursuit of a state grant, we
were successful in receiving this amount under a Land and Water Conservation Fund,
which is a federal grant. The bulk of these dollars would need to be carried forward into
the 2002-2003 fiscal year to complete the preparation of the plans and specifications,
bidding and construction of Phase II Improvements and the three additional alternates.
This would leave at least one additional phase to complete the park's improvements
under the previously approved master plan.
FOUR PEAKS PARK
Estimates have also been prepared for the cost to continue the improvement of Four
Peaks Park for Phase H, for the 2002-2003 fiscal year. This estimate of over $2,000,000
includes hard and soft costs and includes the addition of a skate park. The cost of the
skate park, including hard and soft costs, is $284,200. The Parks and Recreation
Commission has discussed and has recommended that the skate park be potentially
separated from Phase II improvements and funded in the 2002-2003 fiscal year. The
effect of separating the skate park from Phase II would be twofold. The first would be
the potential for completing the drawings and construction of the skate park during the
2002-2003 fiscal year, assuming that the necessary funding were provided. The second
would be to drop the total potential cost of the remaining items of Phase II, including
hard and soft cost, to $1,764,695. With the potential for a state heritage grant, with
matching funds ranging up to $600,000, the amount potentially financed by the general
fund would then drop even lower. The completion of Phase II would complete the
improvement of the park under the previously approved master plan.
Both Fountain Park and Four Peaks Park are priorities by the Parks and Recreation
Department and the Parks and Recreation Commission for completion during fiscal year
2002 - 2003. Fountain Park would utilize funding carried forward that was previously
dedicated in 2001- 2002 to the next fiscal year, while funds for Four Peaks and the skate
park would require new funding.
It
Park Maintenance
The Parks Division will also be seeking funding to add a full time employee to the park
maintenance staff. This employee would replace the position vacated by Deputy Director
of Parks, Don Clark, when he assumed the new position. Current staffing includes a
single employee to cover Four Peaks, one employee to cover Fountain Park and Desert
Vista and two employees at Golden Eagle Park, our most heavily scheduled park. This
additional employee would be assigned to Golden Eagle Park, but would also perform a
"roving" function to provide coverage at park sites when needed due to illness, vacations
or provide additional help at parks when needed for special projects. As the amount of
park acreage acquired and the amenities at each site both continue to increase, the
demands on the park staff will continue to increase.
Recreation Programs
The Recreation Division will be preparing two budgets: one to simply maintain the
current programs and a second that shows the addition of new programs and the
expansion of some existing programs. Currently, the Division runs over fifty programs,
during six bimonthly seasons, often with multiple sessions available for an activity.
Under the expanded offerings budget being planned for fiscal year 2002-2003, both the
number of programs and the sessions available would increase. Lastly, in our ongoing
efforts to improve customer service, we have requested through the Town's Technology
budget, that we add the option of paying by credit or debit card when registering for
programs or facilities. This would require purchasing the necessary hardware that is
compatible with our existing program registration software. This is a frequent request
made by patrons when paying for programs.
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Roy Pederson, Acting Town Manager
FROM: Jesse Drake, Interim Director of Community Development -J 0
DATE: March 15, 2002
SUBJECT: Consideration of the Special Use Permit for " Calvin Guest House".
This agenda item, continued from the February 7, 2002 meeting, is a request for approval of a
Special Use Permit which would allow Ms. Joyce M. Calvin to include a guest house as an
accessory structure in addition to the main residence at 16648 North Boulder Drive. Please refer to
the attached Staff report for additional details regarding this request.
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION AND STAFF REPORT
March 21, 2002
CASE NO: SU2001-17
LOCATION: 16648 N. Boulder Drive, aka Final Plat 505C, Block 1, Lot 28.
REQUEST: This request is for approval of a Special Use Permit to allow a guesthouse as an
accessory building in addition to the main residence.
PROJECT MANAGER: Jesse Drake, Interim Director of Community Development
DESCRIPTION:
APPLICANT:
OWNER:
EXISTING ZONING:
EXISTING CONDITION:
LOT SIZE:
Greg and. Joyce Calvin
Greg and Joyce Calvin
"R1-35"
Existing Single-family residence
86,822 square feet
SURROUNDING LAND USES AND ZONING:
NORTH:
Existing single-family residence, zoned "R1-10".
SOUTH:
Mountain Wash, zoned "R1-35".
EAST:
Existing single-family residence, zoned "R1-35".
WEST:
Mountain Wash, zoned "R1-35".
SUMMARY:
This request, continued from the February 7, 2002 meeting, is for approval of a Special Use
Permit, which would allow Mr. and Mrs. Calvin to keep an existing guesthouse as an accessory
building in addition to the main single-family residence on an 86,822 square foot lot.
The applicant has listed the property for sale identifying a guesthouse as one of the amenities.
The house was permitted under building permit number BP1998-1660 with plans that show an
RV garage and workshop as an accessory building located in front of the main house near the
road. Final inspection of the premises in July 2000 did not reveal any improvements to the RV
garage/workshop building. Subsequent to the final inspection, the applicant, with knowledge of
the building code, and in violation of the building code of the Town of Fountain Hills, modified
the interior of the RV garage/workshop to include plumbing fixtures and appliances for a
bathroom and kitchen.
SU02-17 Calvin Guest House-TC.doc
EVALUATION:
The R1-35 Single -Family Residential District allows for low -density single-family land uses. As
such, the Town of Fountain Hills Zoning Ordinance identifies principal permitted uses in the R1-
35 zoning district as single-family dwellings, churches, schools, parks, playgrounds and other
community facilities.
The Town of Fountain Hills Zoning Ordinance contains the following definitions:
A Guest House is described as "Living or sleeping quarter within an accessory building for the
sole use of occupants of the premises, guests of such occupants or persons employed on the
premises. The accessory building may be attached to or detached from the main building. Such
quarters shall not be rented, and/or otherwise used for income producing purposes."
A Building, Accessory is described as "A building or structure that does not share a livable,
enclosed connection to the main building, and that is subordinate to, and the use of which is
customarily incidental to, that of the main building, structure, or use on the same lot or parcel."
As shown on the site plan, the guesthouse is a separate accessory building located in front of the
main residence with private and separate access.
To obtain a permit the applicant identified this structure as an RV garage and workshop, but
modified the structure to include separate guesthouse living quarters after final inspection. By
definition, an accessory structure used for the occupants and their guests is a "guest house". The
inclusion of a guesthouse on the lot has triggered the requirement for the Special Use Permit.
In the Town of Fountain Hills Zoning Ordinance, Section 10.02.C: Guest Houses are permitted
by Special Use Permit in any Single -Family Zoning District if all of the following conditions
exist:
1. Structure must conform to at least minimum setback requirements. (Structure conforms.)
2. Must be located behind the front line of the primary structure. (Structure is in
violation.)
3. May not exceed thirty (30) percent of the square footage of the livable area of the
primary structure. (Structure conforms.)
4. Shall be single story. (Structure conforms.)
5. Must be connected to primary structure's utilities. (Structure conforms).
6. The lot or parcel must be at least 70,000 square feet in size. (Lot size conforms.)
7. May not be used for any commercial or non-residential uses. (Structure conforms.)
As shown above, the structure does not conform to the Zoning Ordinance requirements.
If the Special Use Permit is approved, the applicant will be required to provide adequate evidence of
compliance to the Town Building Code and will be required to pay the appropriate building and
sewer connection fees.
The Town has received nine applications for a Special Use Permit for a guesthouse in the period
from 1991 to the present. Every permit, with the exception of the applicant's permit application,
shows the location of the guesthouse behind the front line of the primary structure as required by
the Zoning Ordinance.
SU02-17 Calvin Guest House-TC.doc 2
EVALUATION OF REALTOR LIST AS SUPPLIED BY MR. CALVIN:
As a part of the application, the applicant provided to staff a realtors' list of homes in Fountain
Hills that indicate a guesthouse amenity. Only one of the properties on the list has a Special Use
Permit for a guesthouse. The property with the Special Use Permit meets all of the code
requirements, including the requirement that the guesthouse be located behind the primary
structure.
The list provided by Mr. Calvin is evaluated below:
14418 N. Fountain Hills Boulevard
No detached accessory structures shown on approved site plan.
No Special Use Permit approval.
15019 N. Mayflower
Guesthouse located behind the front line of the primary structure.
No Special Use Permit approval.
15870 E. Trevino
No detached accessory structures shown on approved site plan.
No Special Use Permit approval.
14323 E. Thoroughbred
No plans found.
(W No Special Use Permit approval.
10621 N. Eagle Lane
No detached accessory structures shown on approved site plan.
No Special Use Permit approval.
15530 E. Cactus
No plans found.
No Special Use Permit approval.
15868 N. Aspen
No plans found.
No Special Use Permit approval.
14901 N. Marathon
Guesthouse located behind the front line of the primary structure.
Special Use Permit obtained -application meets all conditions of the ordinance.
15747 E. Greystone
Site plan shows an accessory building behind the front line of the primary structure.
No Special Use Permit approval.
14705 E. Golden Eagle
Site plan shows an accessory building behind the front line of the primary structure.
No Special Use Permit approval.
SU02-17 Calvin Guest House-TC.doc
15721 E. Teepee -
Site plan shows an accessory building behind the front line of the primary structure.
No Special Use Permit approval.
16648 N. Boulder -applicant
Site plan does not meet Special Use Permit requirements for guest house.
No Special Use Permit approval.
16648 E. Kingstree -
Site plan shows an accessory building behind the front line of the primary structure.
No Special Use Permit approval.
From the above evaluation, it appears that all but one of the realtor listings for guesthouses as
supplied by Mr. Calvin are in violation of the Town of Fountain Hills Zoning Ordinance.
RECOMMENDATION:
At the January 24, 2002 meeting, the Planning and Zoning Commission unanimously voted to
DENY SU2001-17 "Calvin Guest House." Commissioner Downes commented that what Mr.
Calvin had done as an owner/builder was considered fraud because he had known he would change
the garage into the guesthouse. Chairman Howes stated that the ordinance would need to be
enforced and would have to be denied if the rules had been followed.
Staff recommends denial of SU2001-17 "Calvin Guest House".
SU02-17 Calvin Guest House-TC.doc 4
AALN
oJr
Date Filed
Type of Special Use Requested
4 ;-V 5 c
Address of Subject Property
Legal Description;,. Plat
Applicant
�Y e
Addre s
t�(G r U �� /�� %D a ltf<
Owner
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
!�USE'P
Fee Paid _ _ ; f f- l( y / Accepted By ,
ll� ' r l�C 1c
arei\. rLI E -• r'S,' %: 4-4-1
Zoning
Block Lot(s)
Day Phone
tt'Wv-
Address
C tivLC City
Signature of Owner I HERBY AUTHORIZE (Please Print)
w1 ti� TO FILE THIS APPLICATION.
Subs ribed and sworn before me this day of
ST Z Zip
Day Phone
q�
4,t1S S4z I zi�r�ll�'
Date
Notary Public MY Commission Expires
Submittal Requirements (attach additional sheets):
19
1. Mailing labels (2 sets) with names and addresses of all property owners within 300 feet of the external
boundaries of the subject property and a map showing the 300 foot radius from which the names and
addresses were derived.
2. 15 full size folded prints (preferably 24"X36") of the site plan showing minimum zoning requirements and
the proposed development if the Special Use Permit is granted, as well as the exterior elevations.
3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits.
4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use.
S. A narrative describing any adverse impact the proposed land use may have on the surrounding
properties and on the neighborhood and what steps will be taken to avoid these adverse impacts.
Fee Schedule Attached 7FH C7ase Number
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-,arra.tive deport for .-ro ject
10c)4,) No. Boulder Drive
ireg and .Joyce Calvin
TOWN OF FOUNTAIN HILLS'
DEC Z 8 2001
COMMUNITY DEVELc)p,-
DEPARTMENT
Purpose of
recuest; We would
like to convert the
storage area of --e _ower
R v garage
to a guest casita-
mother-in-law suite.
Tne RV garage was
completed with the main residence in 2000.
Description of proposal; We want to have a full bath, small bedroom and
open living-kithenette area for regrigerator, sink and microwave. A
spiral staircase will access a small sbDrage loft with a b foot ceiling.
When the lower garage was completed , the electric panel was inspected and
lighting to the patio, fire sprinklers were installed per cote and in-
spected. Remodeling will involve interior partial walls , a bath ,
AC system. The outside landscaping and appearance from the outside or
the street will be unchanged. Only interior changes are to be made.
Relationship to surrounding properties; We are located accross the wash
from the Phoenician - which has a special use permit for a bed and break-
fAst. The lower garage is at the bottom of our 2 acre lot. We have
spoJ�en to the neighbors behind us who have no objection. The two
neighbors accross the street from us also have 2 acre lots, it is at
the end of Boulder Drive. We do not belive it would adversly affect
anyone.
Development schedule; We would like to proceed as soon as possible.
Circulation system; A ground installed AC unit will be used and screened
from view with a black wall, stuccoed and painted to match the house and
extensive retaining walls.
Public utilites; We are currently serviced by Chaparral Water, SRP,
i9lw WMFF
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10
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13
i
y
<
cmhY �
Criteria:
(ST=SLD)
AND (AREA=413) AND (TYP=1) AND (XFEA=A) AND (DTYP=A);
02/02/02
14:07
SOLD
RESIDENTIAL
Paae:
S
LSTNG #
ADDRESS
-------
UNIT# PRICE
--------------
FEATURES
SQ FT
COE
AR
RE:
S
99396
14418
N
FOUNTAIN H
BL•
159,900
-----------
33RXQ2C
-----
1805
-----
01/01
---
413
---
S
59903
15019
N
MAYFLOWER
DR
215,000
32XPSQ2G+DE
1955
09/01
413
2
S
1438052
15870
E
TREVINO
DR
229,900
32RXQ2G
2347
03/00
413
S
1394969
14323
E
THOROUGHBR
TR.
288,500
32FRDX2G
2200
09/99
413
4
S
1624269
10621
N
EAGLE
LN•
325,000
FDXPSTHQALN
2404
10/01
413
5
S
1459316
15530
E
CACTUS
DR.
325,500
44X3G
2651
04/00
413
6
S
1516895
15868
N
ASPEN
DR
429,900
44FRDXPSQ2G
4165
09/00
413
7
S
1466034
14901
N
MARATHON
DR�
593,000
43RDXXXPSA3
3200
09/00
413
8
S
1423511
15747
E
GREYSTONE
DR-
650,000
76FRDXXPSQA
5550
03/00
413
9
S
1636745
14705
E
GOLDEN EAG
BL
750,000
44FRXPQN4G+
4418
06/01
413
10
S
1513405
15721
E
TEPEE
DR'
808,750
44FRDXLPSQA
4535
06/01
413
11
S
1685649
16648
N
BOULDER
DR*--PCAn- 839,900
44FRDXXPSQ7
4039
01/02
413
12
S
1497132
16648
E
KINGSTREE
BL-^
1,150,000
45FRDXPSQA3
6150
05/00
413
13
Total RES
listings:
13
Average Sale Price: $
520,411
Average Market Time:
101
wzr -Su�?"fv 5'�
TO:
FROM:
DATE:
RE:
MEMORANDUM
HONORABLE MAYOR
TOWN COUNCILMEM
ROY PEDERSON, ACTViG
MARCH 19, 2002
AND
WN MANAGER
FIRE DISTRICT PROPERTY TAX TRANSFER
The attached information is provided to assist the council in making decisions regarding
whether to retain Ballot Measure 401 for the May 21" election.
Please understand that such information is preliminary in nature and is intended more to
provide some conceptual appreciation of the financial implications of your decision.
Because this matter was placed on the agenda at the eleventh hour, there was simply
insufficient time to provide a more thorough analysis. We are providing a sufficient
amount of back up information to show how the estimates were derived.
In making projections of this nature, absolute accuracy is absolutely impossible. We are
guessing about the future based upon the past and the present. However, this should be
adequate to provide some sense of the order of magnitude in which future budgets can be
impacted by the assumption of fire protection services.
MEMORANDUM
TO: Mr. Roy Pederson, Acting Town Manager
FROM: Julie Ghetti, Supervisor, Accounting
RE: Revenue/Expenditure Estimates FY2002 006
DATE: March 19, 2002
As requested I have prepared an estimate of General Fund revenues and expenditures for fiscal
year 2002-2003 taking into consideration the additional costs associated with providing fire
protection services. I also took the opportunity to review the Five Year Financial Plan for the
General Fund which had been presented to past Councils. This summary reveals that the Town
could be operating at a deficit beginning in fiscal year 2002-2003 based on the following
assumptions:
1. The revenue estimates are based on a historical trend analysis and will likely be
revised when the League publishes their report on estimated revenues for fiscal year
2002-2003. It is uncertain at this time about the effect of the State's economy on
State Shared Revenues. Local Sales Tax reflects declining construction activity and
increased retail activity (Target and Fry's centers) resulting in level total receipts.
Further analysis of retail activity at the two centers will be necessary in order to
provide better estimates.
2. Revenues do not include a proposed $2.4 million in primary property tax revenue.
3. Fiscal year 2002-2003 revenues include approximately $1,000,000 of Fire District
funds that will be distributed to the Town after July 1, 2002.
4. Expenditures are based on current level of service with an inflation factor of
approximately 5 — 10% depending on the category.
5. Fire protection services are assumed to be contractual through 2005-2006 with annual
increases for inflation.
6. Transfers/Debt Service includes the required debt service payments and a minimal
($200,000) annual transfer to HURF to fund street maintenance projects.
I hope that this information is helpful and if you have any questions or would like further
information please do not hesitate to ask.
17t
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Personnel
Department
Council
Court
Administration
Community Ctr
Bldg Safety
Engineering
Comm. Dev.
Parks & Rec
-FPNP
-FtnPark
-DVNP
-GEP
Public Works
Marshal
Fire Dept
TOTAL
GENERALFUND
SALARIES AND BENEFITS
- FIVE YEAR CIP
Budgeted
Revised Est.
Projected
Projected
Projected
2001-02
2001-02
2002-03
2003-04
2004-05
$39,460
$39,460
$39,460
$39,460
$39,460
$289,800
$297,765
$312,653
$328,286
$344,700
$805,400
$847,500
$965,275
$1,013,539
$1,139,616
$196,258
$225,650
$236,933
$248,779
$261,218
$462,700
$423,650
$444,833
$467,074
$490,428
$675,930
$636,200
$668,010
$701,411
$736,481
$307,730
$299,000
$313,950
$329,648
$346,130
$467,790
$381,320
$400,386
$447,405
$469,776
$50,300
$42,220
$44,331
$46,548
$48,875
$50,540
$47,276
$49,640
$52,122
$54,728
$0
$0
$0
$0
$0
$138,030
$125,380
$171,649
$180,231
$229,243
$44,810
$45,255
$47,518
$49,894
$52,388
$945,700
$762,100
$992,985
$1,042,634
$1,094,766
$4,474,400 $4,172,800 $4,687,600 $4,947,000 $5,307,800
Page 1
ContSvcs
CONTRACT
SERVICES - FIVE YEAR CIP
Budgeted
lRevised
Est. I
Projected
Projected
Projected
Department
2001-02
2001-02
2002-03
2003-04
2004-05
Comm. Center
$10,300
$10,285
$0
$0
$0
Court
$10,500
$9,000
$9,000
$9,000
$9,000
Administration
$1,420,200
$1,200,000
$1,260,000
$1,323,000
$1,389,150
-Information Tech.
$65,600
$68,880
$72,324
$75,940
$79,737
-Kiwanis
$0
$0
$0
$0
$0
Civic Center
$0
$5,000
$55,000
$60,000
$65,000
Bldg Safety
$100,000
$100,000
$100,000
$100,000
$100,000
Engineering
$120,000
$100,000
$100,000
$100,000
$100,000
Comm.Devel.
$25,000
$2,500
$2,500
$2,500
$2,500
Parks & Rec
$228,500
$2,000
$2,200
$2,420
$2,662
-FPNP
$23,000
$23,000
$25,300
$27,830
$30,613
-DVNP
$0
$0
$0
$0
$0
-Ftn Park
$110,000
$121,000
$133,100
$146,410
$161,051
-GEP
$0
$110,000
$121,000
$133,100
$146,410
Public Works
$0
$0
$0
$0
$0
Marshal
$1,570,250
$1,570,250
$1,700,000
$1,900,000
$1,900,000
Fire Dept.
$0
$0
$2,400,000
$2,640,000
$2,904,000
TOTAL
GENERAL FUND
$3,683,4001
$3,321,9001
1 $5,980,4001
$6,520,2001
$6,890,100
Page 1
Rep&Maint
El
REPAIRS & MAINTENANCE - FIVE YEAR CIP
Budgeted
Revised Est.
Projected
Projected
Projected
Department
2001-02
2001-02
2002-03
2003-04
2004-05
Comm. Center
$9,800
$3,000
$0
$0
$0
Court
$1,200
$1,300
$1,300
$1,500
$1,600
Administration
$73,900
$70,000
$77,000
$84,700
$93,170
-Info Technology
$51,425
$48,000
$48,000
$50,000
$52,000
-Kiwanis
$2,000
$1,000
$7,000
$7,500
$7,500
Civic Center
$12,000
$6,000
$6,600
$7,260
$7,986
Lib/Museum
$6,600
$6,600
$7,260
$7,986
$8,785
Bldg Safety
$6,000
$2,500
$2,750
$3,025
$3,328
Engineering
$5,500
$3,000
$3,300
$3,630
$3,993
Comm.Devel.
$100
$1,000
$1,200
$1,200
$1,200
Parks & Rec
$1,000
$1,100
$1,210
$1,331
$1,464
-FPNP
$38,100
$40,700
$44,770
$49,247
$54,172
-Ftn Park
$132,500
$162,470
$178,717
$196,589
$216,248
-DVNP
$60,500
$40,000
$44,000
$48,400
$53,240
-GEP
$86,500
$90,750
$99,825
$109,808
$120,788
Public Works
$538,800
$475,000
$522,500
$574,750
$632,225
Marshal
$27,140
$22,000
$24,200
$26,620
$29,282
Fire Dept.
$0
$100,000
$110,000
$121,000
TOTAL
GENERAL FUND
$1,053,100
$974,400
$1,169,600
$1,283,500
$1,408,000
Page 1
Supp&Svcs
SUPPLIES AND SERVICES - FIVE YEAR CIP
Budgeted
Revised Est.
Projected
Projected
Projected
Department
2001-02
2001-02
2002-03
2003-04
2004-05
Comm. Center
$7,000
$10,000
$0
0
$0
Mayor/Council
$65,200
$26,000
$28,600
$31,460
$34,606
Court
$22,150
$10,000
$11,000
$12,100
$13,310
Administration
$808,200
$850,630
$935,693
$1,029,262
$1,132,189
-Kiwanis
$6,600
$1,000
$1,100
$1,210
$1,331
-Info. Technology
$97,590
$65,890
$72,479
$79,727
$87,700
Civic Center
$144,300
$144,300
$158,730
$174,603
$192,063
Library/Museum
$63,400
$63,400
$69,740
$76,714
$84,385
Bldg Safety
$40,350
$51,040
$56,144
$61,758
$67,934
Engineering
$43,400
$27,000
$29,700
$32,670
$35,937
Comm.Devel.
$50,250
$63,525
$69,878
$76,865
$84,552
Parks & Rec
$49,650
$57,090
$62,799
$69,079
$75,987
-FPNP
$61,950
$36,000
$39,600
$43,560
$47,916
-DVNP
$13,500
$4,620
$5,082
$5,590
$6,149
-Ftn Park
$172,650
$95,000
$104,500
$114,950
$126,445
-GEP
$73,700
$78,000
$85,800
$94,380
$103,818
Public Works
$86,400
$64,350
$70,785
$77,864
$85,650
Marshal
$92,400
$92,037
$101,241
$111,365
$122,501
Fire Dept.
$0
$0
$100,000
$100,000
$100,000
TOTAL
GENERAL FUND
1 $1,898,7001
1 $1,739,9001
1 $2,002,9001
1 $2,193,2001
1 $2,402,500
Page 1
CapOutlay
tipw
CAPITAL OUTLAY/DEBT
SERVICE - FIVE YEAR CIP
Budgeted
Projected
Projected
Projected
Projected
Department
2001-02
2001-02
2002-03
2003-04
2004-05
Comm. Center
$0
$0
$0
$0
$0
Mayor/Council
$0
$0
$0
$0
$0
Court
$7,000
$7,000
$7,700
$8,470
$9,317
Administration
$167,800
$160,000
$184,000
$211,600
$243,340
-Kiwanis
$500,000
$0
$10,000
$10,000
$10,000
-Info Technology
$86,575
$100,000
$115,000
$132,250
$152,088
Civic Center
$670,000
$650,000
$425,000
$425,000
$425,000
Library/Museum
$0
Bldg Safety
$0
$0
$0
$30,000
$30,000
Engineering
$22,100
$22,100
$30,000
$0
$0
Comm.Devel.
$23,000
$23,500
$0
$0
$0
Parks & Rec
$0
$0
$0
$0
$0
-FPNP
$55,000
$55,000
$63,250
$72,738
$83,648
-Ftn Park
$0
$23,750
$27,313
$31,409
$36,121
-DVNP
$2,500
$2,500
$2,875
$3,306
$3,802
-GEP
$60,000
$2,500
$2,875
$3,306
$3,802
Public Works
$10,000
$10,000
$11,000
$12,100
$13,310
Marshal
$40,900
$30,000
$33,000
$36,300
$39,930
Fire Dept.
$0
$0
$100,000
$100,000
$100,000
TOTAL
GENERAL FUND
1
1 $1,644,9001
1 $1,086,400
$1,012,000
$1,076,500
$1,150,400
Page 1
0 Law Offices of
William E. Farrell, P.L.L.C.
Tel (480) 837-5750 William E. Farrell
Fax (480) 837-5805
E-mail billfarrcll(&gwest. net
STAFF REPORT
TO: Mayor and Council
Acting Town Manager
Town Clerk
FROM: William E. Farrell
Town Attorney
DATE: March 21, 2002
RE: Possible Removal Of Two Items From
The General Election Ballot Regarding
® Proposition 400 Base Limit Adjustment &
Proposition 401 Primary Property Tax
Building A.
16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
As you are aware, on February 7, 2002 the Town Council passed Resolution 2002-09 and 2002-10,
directing that two questions be placed before the voters of the Town of Fountain Hills at the General
Election on May 21, 2002. These two questions, known as Proposition 400 and 401, would have
sought voter approval to increase the expenditure limitation of the Town and to authorize a primary
property tax levy for the next fiscal year.
Both requests were driven in a large part by an action taken by the Council on October 31, 2001,
wherein the Town by Ordinance 01-18 agreed to provide fire and emergency medical services to the
residents. The result of Ordinance 01-18 was the merger of the Fire District into the Town and the
assumption by the Town of the assets and liabilities of the District.
The District fire board resisted the transfer until late November and it was early December before
the Town was able to actually obtain control of the assets and liabilities and to review the spending
habits and practices of the District. It became apparent to Town Staff that the expenditures for fire
protection and emergency medical services were going to be general fund expenditures of the Town,
and as such count against the Town's expenditure limitation. We were already aware that the
Town's present budget placed it at or near the ceiling of the expenditure limitation, even though the
Town had cash revenues and reserves in excess of the expenditure limitation.
Memorandum
Re: Possible Removal of Two Items From
The General Election Ballot Regarding
Proposition 400 Base Limit Adjustment &
Proposition 401 Primary Property Tax
March 21, 2002
Page 2
County Treasurer Mr. Doug Todd graciously agreed to continue to collect the taxes and to
administer the expenditures of the District until the end of the fiscal year which is June 30, 2002.
Director of Administration Cassie Hansen and Accounting Supervisor Julie Ghetti then set about
a program to see whether or not the Economic Estimates Commission would grant the Town any
special or extraordinary relief because of the unusual circumstances of the take over. The Voluntary
Fire District is not subject to an expenditure limitation like the County and the Town are. The
legislature, however, had in other municipalities placed some law on the books that would allow for
a one time adjustment by the Economic Estimates Commission if they chose to do so. Accounting
Supervisor Ghetti diligently worked with the Arizona League of Cities and Towns and the Economic
Estimates Commission over the past three and a half months, and last Thursday, March 14, 2002 her
hard work and efforts paid off handsomely for the Town. Mrs. Ghetti, along with Mr. Paul Nordin,
appeared at a public meeting of the Economic Estimates Commission on behalf of the Town and at
the conclusion of the meeting were present when the Economic Estimates Commission by a
unanimous vote made a $4,107,576 adjustment to the Town's base limit, therefore making our
2002/2003 expenditure limitation $19,366,177.
Prop 400 would have, if approved by the voters, adjusted our expenditure limitation to $20,284,124.
It is the opinion of Staff that the voter -approved base limit adjustment would not be needed in light
of the action last week of the Economic Estimates Commission. $19,366,177 is more than adequate
to not only continue fire and emergency medical service as a general fund entry, but also to provide
for cash payments on capital projects should the Council wish to continue on a pay-as-you-go basis
and not incur debt.
Late Thursday afternoon we contacted the County Elections Department and determined that the
ballot question on the base limit adjustment could be removed from the May 21 General Election
but that the County Elections Department would have to have a decision by Friday, March 22 in
order for the ballots to be printed on time for the General Election. I have sent such a letter to the
County Elections Department requesting that they hold the final printing of the ballots until after our
Council Meeting on Thursday, March 21, 2002.
The Staff would feel very comfortable recommending to the Council that the Council consider the
removal of Proposition 400 from the May 21, 2002 General Election Ballot. The amount of the
increase given by the Economic Estimates Commission is more than adequate to allow the Council
to continue to function as they see fit regarding capital expenditures and budget for at least the next
four years, and should events change of a marked nature over the next several years, the voters could
again be asked the question on expenditure limitation at the May 2004 General Election.
Z A W PDATA\F H\Agendat[emMEM.wpd
Memorandum
Re: Possible Removal of Two Items From
The General Election Ballot Regarding
Proposition 400 Base Limit Adjustment &
Proposition 401 Primary Property Tax
March 21, 2002
Page 3
This left staff with the question of whether or not to recommend to the Council the elimination of
the Primary Property Tax Levy question for the May 21, 2002 General Election.
The request for voter approval of a primary property tax was the discussion of much of the debate
and much of the print material concerning the recently -completed primary election. The tax has
been labeled variously as a new tax and a replacement tax, and Staff does not wish to engage in that
debate as part of this agenda issue.
The single largest source of income for the Fountain Hills Voluntary Fire District since its inception
has been its annual levy of a property tax against the real property of the citizens of the Town of
Fountain Hills. Since the District merged into the Town, there will not be a property tax levied for
the support of the District against the property of town residents for the 2002/2003 fiscal year.
Should Council decide to withdraw the question from the May 21, 2002 election, then each and
every property owner of the Town will receive the benefit of the possibility of a tax reduction.
Increased assessed valuation by the County Assessor and actions of other taxing bodies such as the
State, the County and the School District could in fact cause what should be a reduction in property
taxes to actually become an increase. There would, however, be no tax collected for the Voluntary
Fire District. The Town of Fountain Hills voter -approved tax for bond issues would still continue
to appear on property tax bills
There are sufficient cash reserves to operate and fund the contract with Rural Metro for at least one
if not two calendar years under the present revenue flows from sales tax and other income items
without a property tax. At the end of the second fiscal year, assuming a number of factors, it is
possible that the Town would then need to seek additional income from tax payers through either
increased sales taxes or a property tax levy to continue to provide the levels of service in all
departments currently provided.
It has been suggested by some that the new Council that will be sworn in June of this year should
have the opportunity to determine how fire and emergency medical services are paid for. It has
further been pointed out that four members of that Council were not on the Council that acted in
October of 2001 or in February of 2002 when these issues regarding operation of services and
property tax were voted upon.
It is also been pointed out that there is litigation over the legality of the October meeting in 2001 and
the possible liability of multiple employment contracts given to fire fighters by the Fire District.
Both those lawsuits have now been filed and served and although it remains my opinion as Town
ZAW PDATA\FH\AgendaItemMEM. wpd
Memorandum
Re: Possible Removal of Two Items From
The General Election Ballot Regarding
Proposition 400 Base Limit Adjustment &
Proposition 401 Primary Property Tax
March 21, 2002
Page 4
Attorney that neither will result in any liability or reversal of action by the Courts, they have not
been settled and will be actively litigated during the next twelve months.
Staff does not make a recommendation one way or the other on removing the property tax; however,
we would recommend to the Council that you give us direction to eliminate the base adjustment
question proposition 400 from the May 21, 2002 ballot and give us your recommendation on the
remaining item, Proposition 401.
ZAW PDATA\FHW gendaltemMEM.wpd
02Administration ' Pagel of 2
DIVISION 2. CITY COURT JUDGES AND HEARING OFFICERS
Sec. 2-26. Appointment and qualification of judges.
(a) All judges of the city court of the city must meet the minimum following qualifications:
(1) Possess a law degree from an accredited law school and be a member of the State
Bar of Arizona in good standing for a minimum period of five (5) years; and
(2) Have sufficient experience and temperament to preside over the city court and
continue to meet all qualifications as may be established by the Arizona Supreme
Court or as required by law for such judges.
(b) The presiding judge of the city court and such other judges as deemed necessary shall be appointed by the
city council. The length of term of office for such judges shall be a minimum of two (2) years as determined
by the city council.
(Ord. No. 1145, § I, 2-12, 5-16-85, in part; Ord. No. 94.14, 6-30-94)
Editor's Note - Ord. No. 94.22, 7-14-94, expressed council approval of the appointment of all judges of the City
Court, regular and pro tempore, to serve as juvenile hearing officers by the presiding judge of the Maricopa County
Juvenile Court.
Sec. 2-27. Filling of vacancies.
In the event of the death, resignation, suspension or removal of a city courtjudge, such vacancy may be filled
for the unexpired term of office. The city council may suspend or remove a judge:
(1) For any reason authorized by law;
(2) Whenever the judge is unable to perform the duties of the office; or
(3) For failure to meet the minimum qualifications of the position.
(Ord. No. 1145, § I, 2-13, 5-16-85, in part; Ord. No. 94.14, 6-30-94)
Sec. 2-28. Temporary judges.
Notwithstanding anything to the contrary in this division, the presiding judge of the city court may appoint
judges to serve on a temporary or "pro tempore" basis. Such judges shall be compensated on a contractual or
hourly basis, shall not be eligible for any benefits as a full-time employee and shall be appointed for a term as
set forth by the presiding judge of the city court.
(Ord. No. 1145, § 1, 2-14, 5-16-85, in part; Ord. No. 94.14, 6-30-94)
Sec. 2-29. Appointment and qualifications of court hearing officers.
(a) The presiding judge of the city court may appoint court hearing officers who shall have the power to hear
and adjudicate civil offenses. Court hearing officers appointed by the presiding judge must meet the
following qualifications:
(1) All qualifications as may be established, from time to time, by the Arizona
Supreme Court or as may be required by statute for such officers; and
(2) Possess a law degree from an accredited law school or a bachelor's degree with at
http://www.tempe.gov/citycode/02administration.htm 3/20/2002
02Administration Page 2 of 2
least three (3) years of experience in the area of traffic law or a related field.
(W (b) Court hearing officers shall be appointed for a tern of two (2) years and may be removed during the term
by the presiding judge for cause and after a hearing. Court hearing officers shall comply with all personnel
rules and regulations of the city as applicable and shall be nonclassified exempt employees.
(c) The presiding judge of the city court may appoint one or more court hearing officers to serve on a
temporary or "pro tempore" basis as may be required by the city court, to serve under the authority of the
presiding judge. Such hearing officers shall be compensated on a contractual or hourly basis, shall not be
eligible for any benefits as a full time employee and shall be appointed for a term as set forth by the presiding
judge of the city court.
(d) The powers and duties of the court hearing officers shall be those as may be established by statute or the
rules of the Arizona Supreme Court or the presiding judge of the city court relating to such hearing officers.
(Ord. No. 94.14, 6-30-94)
http://www.tempe.gov/citycode/02administration.htm 3/20/2002
13:45 GILEFRT MUNICIPAL COLT
= . 02
JUDICIAL. SELECTION PROCESS
GILBERT M NiCYP.AL. CODE
ARTICLE M. APPrJiiNT"VfEti7 Cc ILTGES OF TIC MUNICIPAL COURT
Sec. 22-41, Applicability.
This article shall apply to the appointment of fill -time and part-time judges and judges pro
tetzmpore of the Gilbert Municipal Court This article shall not apply to appointment of the
presiding judge.
(Ord. No. 1074, § I, 12-9-97)
Sec. 22-42. Selection comma-ttee.
(a) The presiding judge shall appoint a judicial selection committee which shall review
applications for judges of the municipal court.
(b) The committee shall consist of at least the following:
(1) At least one member of ire State Bar of Arizona, who resides within the town.
(2) At least one municipal court magistrate from another Arizona c.=ty or town.
(3) Upon recommendation of the mayor, one member of the council.
(4) At least three town residents who arc not members of the State Bar of Arizona
(5) The court administrator of the Gilbert municipal court.
(6) An employment professional as recommended by the personnel director.
Additional members of the committee may be appointed by the
presiding magistrate as needed.
(c) In appointing the committee, the presiding judge shall consider the racial, ethnic, gender
and political diversities of the town.
(d) The selection committee shall be guided through the selection process by and shall receive
guidance on personnel law and procedures from the employment professional, who shall consult
with the town attorney. Members of the committee shall disclose to each other and to the
presiding judge any cause for bias in favor or against any applicant reviewed.
(Ord. No. 1074, § I, 12-9-97)
Sec. 22-43, Qualifications of judges of the municipal court.
-2W2 13:47 GILEERT MUNICIPAL COURT P.0
(a) Each applicant for full-ti-ne or part-time appointment to the position of judge of the
:municipal court shall:
(1) Be either
(i) a member in good standing of the State Bar of Arizona or
(ii) hold a masters degree from an accredited college or university and have at least five years
court experience within the State of
Arizona; and
(2) Have successfully completed a pre-etrployment physical and drug screen test
administered by the personnel department prior to final appointment.
(b) Each applicant for the position of judge pro tenWre shall:
(1) Be either:
W a member in good standing of the State Bar of Arizona or
(ii) hold a bachelors degree from an accredited college or university and have at least five
years experience in courts of limited jurisdiction, within the State of Arizona; and
(2) Have successfully completed a drug screen test administer-W by the personnel department
prior to final appointment.
(Ord. No. 1474, § 1, 12-9-97)
Sec. 22-44. Selection process —Full-time or par --time judges of the municipal court.
(a) Advertising of vacancy; The position of judge of the municipal court shall be adverrsed
state-wide in one or more newspapers of general circulation in the state and in available legal
media in a manner such that qualified persons would be
reasonable exp=cd to become aware of the advertisement.
Applications filed after the deadline set forth in the advertisement shall be received and flied but
not reviewed by the selection committee in the first round of review. If a eukable candidate
cannot be found from the fast round of review, those filing laze application may be considered
by the committee. The adverising of the position shall contain at least the
following information:
(1) Position title.
(2) Position duties.
(3) Required experience, academic requirements and other
qualifications.
C.
MAR-20-2003 13:48 GILEERT MU^JICIPAL COURT =.04
(4) SaLary range.
(5) Deadline for submittal of applications.
(b) RNuired application materials.
(7) Location for applications.
(8) A statement that the town is an equal opportunity employer.
(9) The identity of the presiding judge.
(b) Applications: The to wn's general employment application
shall be fully completed and submitted to the personnel department by each applicant, along
with any letters of reference provided by the applicant at the time of filing. Letters of reference
will not be accepted unless submitted with the application. A copy of these
procedures shall be provided to each applicant.
(c) Selection process:
(1) At the first meeting of the selection committee. nIx
employment professional shall advise the commmittee on the relevant law pertaining to candidate
interviewing in the selection processes. This information shall fast be reviewed by the town
attorney.
('1) The court administrator and the employment professional
shall act as staff for the committee, as well as have a vote in the selection process,
(3) Review and selection of interviewees: The staff shall make copies of all applications
timely filers, along with submitted letters of reference and distribute diem to each member of the
selection for their review prior to the second meeting of the committee. At the second meeting,
the committee shall select at least five candidates to be
interviewed. The staff shall arrange for interviews at a time and date approved by the committee.
(d) The interview process:
(1) Each applicant shall be asked to appear for the interview one hour prior to the scheduled
meeting with the comrnitcee. Upon the applicant's arrival, a staff member shall provide
each applicant with a number of issues cur-ently facing the court With this Ist will be
instructions indicating the applicant has one hour to prepare his or her thoughts in
order to discuss these issues with the committee.
(?) At the beginning of the interview, members of the committee shall each ircroduce
themselves and indicate their role within the town or the local court system.
E
_- r0 13;49 GILEERT MUNICIPAL COURT D.06
The presiding judge shall provide for periodic evaluation of fulltirne municipal judges prior to
ww any subsequent re -appointment
of such assistant magistrate. The evaluation shall be based upon
inforrnasion both by professional and public participants in the
legal process. Any complaints received coneerning a part-time
Ju
Ages shall be considered prior ro re -appointment.
(Ord. No. 1074, § I, 12-9-97 )
C7
TOTAL P.06
MAR-2e-2002 13:48 GILPERT MUNICIPAL COURT M.OT
(3) The applicant, during the interview, shall direct the allocation of time and shall discuss
the issues presented in any order he may wish.
The applicant is free to question the committee and the committee is
tree to ask follow-up questions of the applicant after he has completed his presentation. The
interview shall not exceed one hour.
(4) Staff shall prepare and make availabie an agreed-umm evaluation form on which each
member of the committee shall score each applicant
(e) Final selection and recommendation: Following the final
interviews, the committee may elect to contact references given by the applicants. Ultimately, the
cotrtrnittee shall recommend no more than tlzee applicants to fill the position, These
recommendations shall be forwarded to the presiding judge with no indication of preference.
(f) Judicial intern--ew: The presiding judge, and all full-time judges
c=ertly serving the Gilbert Municipal Court, and any judges pro-
tempore the Presiding Judge shall appoint for this purpose, shall interview each applicant
recommended by the committee.
(g) Background checks: Following the interviews, the presiding
judge shall authorize a background check of each applicant prior to
making a selection for recommendation to the council, This background check may consist of
inquiries with the State Bar of Arizona, the Arizona Criminal Information Computer System, the
Arizona Commission on Judicial Conduct and any other agency deemed necessary by the
presiding judge.
(h) Reeommendadon to the town council: Following the background checks, the presiding
judge shall, upon advice and consent of the full -tune judges currently serving the Gilbert
Municipal Court and any
judges pro-tempore the Presiding Judge shall appoint for this purpose,
recommend one of the final list to the council for appointment to the
position of assistant magistrate. The appointment shall be for a term of two year$.
(Ord. No. 1074, § 1, 12-9-97)
Sec. 22-45. Selection process —Judges pro tcmporr.
(a) The council may appoint judges pro Lem -pore on a temporary
fulltime or part-time basis without following the adopted selection
process described in section 22-44.
(b) The selection and appointment of judges pro ternpore shall
be upon the recommendation of the presiding judge.
See.22-47, Evaluation►.
Guide to Arizona Courts
Page 1 of 2
Back I AJB I Sitemap I Search
THE STRUCTURE OF ARIZONA'S JUDICIARY
Today's Court System Has Three Levels
LIMITED JURISDICTION COURTS
Municipal Courts
Many incorporated cities or towns have a Municipal Court, also known as
a City Court or Magistrate Court. Municipal Courts have criminal
jurisdiction over misdemeanor crimes and petty offenses committed in
their city or town. They share jurisdiction with Justice of the Peace Courts
over violations of state law committed within their city or town limits.
Municipal Court judges (magistrates) hear misdemeanor criminal traffic
cases such as driving under the influence of alcohol, hit-and-run and
reckless driving where no serious injuries occur. They hear civil traffic
cases, violations of city ordinances and codes and issue orders of
protection and injunctions prohibiting harassment. They can also issue
search warrants and handle domestic violence and harassment cases.
They DO NOT hear civil lawsuits between citizens.
City charters or ordinances establish the qualifications of these judges,
who may not have to be lawyers to serve as judges. City or town councils
appoint their judges except in Yuma, where municipal court judges are
elected. Judges serve terms set by the city or town council; their terms
must be at least two years.
Judges have court clerks who provide clerical assistance and schedule
cases. In larger cities, the judges may also have court administrators.
Previous Page I Next Page
Justice of the Peace Courts
Each county's board of supervisors sets the geographical boundaries,
known as precincts, of that county's Justice of the Peace courts.
Generally, Justice of the Peace precincts are larger than city or town
limits and typically incorporate an entire city or town, and pieces of other
communities as well. Although these geographical boundaries can be
changed, the precincts cannot be abolished until the four-year term of the
current justice of the peace expires.
Justice of the Peace Courts hear traffic cases and certain civil and
criminal cases. They can issue search warrants and handle domestic
violence and harassment cases. Their civil jurisdiction is limited to cases
involving claims of $10,000 or less.
Justice courts share jurisdiction with the Superior Court in cases of
® landlord/tenant disputes where damages are between $5,000 and
$10,000. They can hear matters regarding possession of, but not title to,
real property. Disputes involving amounts greater than $10,000 require
that the case be filed in the Superior Court.
http://www.supreme.state.az.us/guide/gtc3.htm 3/20/2002
Guide to Arizona Courts
Page 2 of 2
,`.
The Superior Court presiding judge in each county appoints special
hearing officers to decide small claims cases less than $2,500. Small
claims cases are decided before the judge or hearing officer. No
attorneys are allowed to represent clients in these cases. Defendants
who want to use an attorney may move the case from the small claims
division to the civil division of the Justice court.
When conducting preliminary hearings on felonies, Justice of the Peace
Court judges may require defendants to answer criminal charges in
Superior Court. They also may dismiss charges if there is no probable
cause to believe the defendant is guilty.
Justice of the Peace Courts have criminal jurisdiction over:
1. Petty offenses and misdemeanors,-
2. Assault or battery — when not committed on a public officer in the
discharge of the officer's duties, or committed with intent to make the
offense a felony;
3. Breaches of peace and committing a willful injury to propert,
4. Misdemeanors and criminal offenses punishable by fines not more
than $2,500, or imprisonment in county jail, not more than six months, or
both fine and imprisonment; and
5. Felonies, for the purpose of issuing warrants and conducting
preliminary hearings.
Previous Page I Next Page
Court Personnel
Most justice of the peace precincts have an elected constable. The
constable's duties are to "execute, serve and return all processes and
legal documents as directed by the court." Some statutes relating to
sheriffs also govern the powers, duties and liabilities of constables.
The justice of the peace usually has one or more court clerks to provide
clerical assistance and maintain court records. Additionally, Justice of the
Peace Courts in some busy urban precincts have a court administrator.
Justice of the Peace Qualifications
A Justice of the Peace:
. Is elected to a four-year term.
• Must be at least 18 years old.
• Must be an Arizona resident.
• Must be a qualified voter in the precinct in which
duties of office will be performed.
• Must read and write English.
• Need not be an attorney.
Previous Page I Next rage
04 January 2002 02001 Arizona Supreme Court. All Rights Reserved. Top of Page
http://www.supreme.state.az.us/guide/gtc3.htm 3/20/2002
Mr. Pederson
kv March 15, 2002
Page 2
Please contact Qur'an Nero at (602) 542-4641 if you have any questions regarding
this matter.
Respectfully Submitted,
ECONOMIC ESTIMATES COMMISSION
Mar W. Killian
Chairman
cc: Julie Ghetti, Accounting Supervisor
William E. Farrell, Town Attorney
U
- `I�A f) L E J
TOWN OF FOUNTAIN HILLS FY 2002/03 EXPENDITURE LIMITATION
permanent adjustment to expenditure limit
due to the acquisition of a fire dist:
actual FY 79/80 base Limit
$3,302,273
Fire District's FY 2002 budget
$3,350,896
2000/1978 population factor
1.8749
2000/1978 inflation factor
2.2194
Increase amount
$805,303
adjusted FY 79/80 base limit
$4,107,576
EXAMPLE 1
current expenditure limitation
2001/1978
FY 2002/03
2001/1978 population
inflation
79/80 base
Expenditure
factor
factor
limit
__.
= Limitation
2.0795
2.2673
$3,302,273
$15,569,378
EXAMPLE 2
Fire Dist adjustment
2001/1978 _ .
adjusted _
FY 2002/03
2001/1978 population
inflation
79/80 base
Expenditure
factor
factor
limit
= Limitation
2.0795
2.2673
$4,107,576
$19,366,177
EXAMPLE 3
voter approved base limit
adjustment
2001/1978
adjusted
FY 2002/03
2001/1978 population
inflation
79/80 base .
Expenditure
factor *.
factor *
limit
- Limitation
_ .
_:.
2.0795
2.2673
$4,302,273
$20,284,124
EXAMPLE 4
fire district adjustment & voter approved base limit adjustment
2001/1978 adjusted FY 2002/03
2001 /1978 population inflation 79/80 base Expenditure
factor `factor limit = Limitation
2.0795 2.2673 $5,107,576 $24,080,923
* On May 21, 2002, voters will be asked to approve a $1 million dollar base limit adjustment
beginning with FY 2002/03.
PREPARED BY EEC STAFF 3/13/02
TOWN OF FOUNTAIN HILLS
General Fund
($ in millions)
Actual
Estimated
Projected
2000-01
2001-02
2002-03
Total Operating Revenues $11.8
$11.7
$13.2
Total Operating Expenditures ($9.9)
($11.1)
($16.6)
Operating Surplus/(Shortfall) $1.9
$0.6
($3.4)
Project Related Expenditures ($3.5) ($2.1) ($1.0)
Fire Transfer - - $1.0
Carry Forward $6.3 $4.7 $3.2
Net Surplus/(Shortfall) $4.7 $3.2 ($0.2)
U
ECONOMIC ESTIMATES COMMISSION
REVENUE BUILDING - 1600 W. MONROE - PHOENIX AZ 85007
JANE DEE HULL
GOVERNOR
March 15, 2002
Mr. Roy Pederson
Acting Manager
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RE: Final 2002/03 Expenditure Limitation for Fountain Hills
MARK W. KILLIAN
Chairperson
ROBERT J. EGGERT, SR.
Member
ELLIOTT D. POLLACK
Member
During the Economic Estimates Commission meeting on March 14, 2002, the
commission was asked to approve a $805,303 base limit adjustment for the Town of
Fountain Hills due to the acquisition of Fountain Hills Fire District in October of
2001. The commission was also informed of the town's plans to ask voters to
approve a $1,000,000 base limit adjustment during the May 2002 elections.
After reviewing the facts, the commission voted and approved the base limit
adjustment for the fire district. This $805,303 permanent base adjustment has the
following effect on Fountain Hills' expenditure limitation for fiscal year 2002/03:
TOWN OF FOUNTAIN HILLS
Pre-3/02 Expenditure
Limitation Calculation
Post-3/02 Expenditure
Limitation Calculation
2001 Population
21,190
21,190
1978 Population
10,190
10,190
Population Factor
2.0795
2.0795
Inflation Factor
2.2673
2.2673
Pre-3/02 Base Limit
$3,302,273
Post-3/02 Base Limit
$4,107,576
FY 2002/03 Expenditure
Limitation
$15,569,378
$19,366,177
In addition, the commission also agreed to approve the $1,000,000 permanent base
limit adjustment conditioned on voter approval at the May 2002 elections.
Should voters approve the increase, the final expenditure limitation for fiscal year
2002/03 including both adjustments, will be $24,080,923.