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Home My WebLink About2003.0102.TCREM.Packet N�1 NOTICE OF REGULAR AND EXECUTIVE A ` SESSION OF THE At 1 , FOUNTAIN HILLS TOWN COUNCIL *srthat is P Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathy Nicola Vice Mayor Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, JANUARY 2, 2003 TIME: 6:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) Law RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 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 following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand,approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER AND ROLL CALL—Mayor Beydler 1.) Pursuant to A.R.S. §38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consultation for legal advice with the attorney or attorneys of the public body, specifically, regarding implementation of the recommendations from the Fire and Emergency Service Funding Citizens Advisory Committee. 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE TO THE FLAG—Mayor Beydler INVOCATION—Moment of Silence ROLL CALL \\earth\CHansen\AGENDAS\REGULAR\2003\Regular Session 1-2-03.doc Page 1 of 2 Last printed 12/31/02 10:46 AM 1.) Consideration of a TEMPORARY USE PERMIT to allow Outdoor Retail Sales to occur more than four times during one calendar year, located at 12645 N. Saguaro Blvd., aka Lot 2 of the Plaza Fountainside Final Plat, Case number TU2002-04. 2.) PRESENTATION by the Fire and Emergency Service Funding Citizens Advisory Committee with possible direction to staff to take action. 3.) Discussion of UPCOMING FINANCIAL STEPS in the budget reduction plan as presented in the Town Manager's memo dated 12/11/02. 4.) CALL TO THE PUBLIC. 5.) ADJOURNMENT. Pursuant to A.R.S.§38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions"and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. DATED this 31st day of December, 2002 Cassie B. Hansen, Director of Administratio own Clerk Lie Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. lbw \\earth\CHansen\AGENDAS\REGULAR\2003\Regular Session 1-2-03.doc Page 2 of 2 Last printed 12/31/02 10:46 AM Town of Fountain Hills Town Council Agenda Action Form - Meeting Type: Regular Meeting Meeting Date: 1/2/03 Submitting Department: Coin. Dev. Contact Person: Dana Burkhardt, Senior Planner Consent:® Regular:n Requesting Action:® Report Only:❑ Type of Document Needing Approval(Check all that apply): n Public Hearing n Resolution ❑ Ordinance n Agreement n Emergency Clause ❑ Special Event Permit Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance n Grant Submission ❑Liquor/Bingo License Application ❑ Plat I Special Event Permit ® Special/Temp Use Permit n Other: Council Priority (Check Appropriate Areas): LI Education ❑ Public Fitness I I Library Services ❑Public Safety ❑ Community Activities n Economic Development ❑ Public Works ❑Human Service Needs n Parks &Recreation ❑ Town Elections ® Community Development Regular Agenda Wording: Consideration of a Temporary Use Permit to allow Outdoor Retail Sales to occur more than four times during one calender year,located at 12645 N. Saguaro Blvd., aka Lot 2 of the Plaza Fountainside Final Plat, Case number TU2002-04.. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of a Temporary Use Permit to allow outdoor retail sales to be located at 12645 N. Saguaro Blvd. The applicant,Loras Kotz, is proposing an open-air market to be held every Tuesday beginning January 14, 2003 and ending January 11, 2005. Please see the attached staff report for additional details regarding this request. List All Attachments as Follows: Staff Report;Application Type(s) of Presentation: NA Signatures of Submitting Staff: D artment Head Budget Review (if item not budgeted or exceeds budget amount) T n Manager esig ee TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: December 24, 2002 Town Council FR: Dana Burkhardt, Senior Planner RE: Case#TU2002-04; Temporary Use request for Outdoor Retail Sales LOCATION: 12645 N. Saguaro Blvd., aka Lot 2, Plaza Fountainside Final Plat REQUEST: Approval of a Temporary Use Permit for Outdoor Retail Sales. DESCRIPTION: OWNER: The Plaza Fountainside L.P. APPLICANT: Loras Kotz EXISTING ZONING: "TCC" Town Center Commercial Zoning District LOT SIZE: 1.45 Acres PROPOSED USE: Graded with dust control surfacing SURROUNDING LAND USES AND ZONING: NORTH: Retail Shops; zoned"TCC" SOUTH: El Lago Blvd and vacant parcel; zoned"TCC" EAST: Town owned parking lot at Fountain Park; zoned"OSR" WEST: Plaza Fountainside shared parking area; zoned"TCC" SUMMARY: This request is for approval of a Temporary Use Permit to allow outdoor retail sales to be located at 12645 N. Saguaro Blvd. The applicant, Loras Kotz, is proposing an open-air market to be held every Tuesday beginning January 14, 2003 and ending January 11, 2005. Please see the site plan and list of vendors attached with the application. EAVALUATION: The time limit for a temporary use permit, as described in §5.16 of the Zoning Ordinance, shall not exceed seven (7) consecutive days, nor shall there be more than four (4) temporary use permits issued for the same use during any calendar year, unless otherwise approved by Town Council. This request to hold an open-air market exceeds four (4) times a year, therefore, Town Council approval is necessary. Parking for this site has been provided with The Plaza Fountainside Final Plat subdivision improvements pursuant to the Plaza Fountainside Shared Parking Agreement. Overflow parking is provided to the east of this site at the Fountain Park parking area. Staff does not foresee conflicts Lwith parking in the Town owned parking lot due to the limited schedule of the market. On-street parking will not be permitted. Due to the proximity of the proposed open-air market to El Lago Blvd. and the access drive aisle to the west, staff is proposing to stipulate that pedestrian access be delineated by the use of roping and/or barricades to ensure safe public access to the site. This should restrict pedestrian access to adjacent drive aisles at centralized locations. The proposed location of the market is on a graded lot, where dust control surfacing (2" decomposed granite) has been provided. The applicant is required to provide on-site trash receptacles during each event. In the event that vertical structures, such as canopies or membrane type structures are requested, future administrative approval will be required. All temporary structures must conform to the minimum required building setbacks and all other applicable regulations of the "TCC" Zoning District in which it is located. Staff has not received letters of protest at this time. Staff believes that this use is appropriate for this location. RECOMMENDATION: Staff recommends approval of this Temporary Use Permit with the following stipulations: 1) The applicant shall provide designated pedestrian access by the use of roping and barricades or similar methods,to be approved by Town staff,prior to public access. 2) All signage shall be administratively approved by separate permit. 3) The open-air market shall be open to the public between the hours of 9 A.M. and 3 P.M., each Tuesday. 4) In the event that vertical structures, such as canopies or membrane type structures are requested, administrative approval is required. All temporary structures must conform to the minimum required building setbacks of the "TCC"Zoning District. 5) Obtain all necessary approvals and permits from Maricopa County Health Department prior to operation. 6) Approval of this temporary use permit shall be for one year with the opportunity for an extension by Town Council. 7) This temporary use permit is non-transferable and shall become null and void with the issuance of a building permit for a permanent structure for the same location. 8) At time of business license application, each vendor shall provide written consent from the property owner to locate on the site. L ° itr�c The Town of Fountain Hills r N o For Official Use Only COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: 3�� , :'' Fountain Hills, Arizona that is An" GENERAL APPLICATION ✓ Temporary Use Permit Grand Opening Sign Permit Continuance Request (Maximum 14 Days) Administrator's Interpretation or Appeal NATURE OF THE REQUEST: Orlani zec4, o_c-m S nY\r ke±, e_Ctc h Ti1E5da-.1 of TEE In()IcT}, c_or\ C' 1:DOCx- n‘, - 3:00 p.m. DURATION REQUESTED (Temporary Use or Grand Opening): From Tat'uar'-y '7T1, i 2_063 To Scznuary Zb , 00S PROJECT NAME mar cY.f__(-ram OAac ( c cat — c-k-arTh I,al-e. LEGAL DESCRIPTION Plat Name Block Lot ,ROPERTY ADDRESS l y 3 /3 )ac, __ IA A. -Vour y akr\ 1-\i 1\5 . A z 8 3ZC,; 8 Mrs. Applicant: 4%res ' /z— Gt,o1c/ /o.-it 1 -69_ Day Phone S?32_ 5.3 2'7 Mr.Ms. Address: 42-26) r/ ' • City: /Cl/ State: Z Zip: 5:& 6 — / Mrs. Owner: (1"" /vn� /'c-r 7. Z/ - Day Phone y86 ?-ZZ3 C7 Mr. F� ��, 5:, G . �. Ms. Address: City: State: Zip: d If application is being submitted by someone other than the owner of the property under consideration,the section below must be completed. SIGNATURE OF OW l �� DATE �'r/" "z/ " I HEREBY AUTHORIZE Zc'''6--r /oZ — TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of , 19 . My Commission Expires Notary Public ILING DATE: i ' I I '� l' FEE PAID: ` ` ACCEPTED BY: "f (See Fee Schedule) General Application C Kit( ) -(J Page 1 of 3 Case Number Ilk ;-).C,C) 1)-- --C- Plans for PLAZA FOUNTAINSIDE OMEN AIR MARKET REQUEST FOR OPEN AIR MARKET AT THE PLAZA FOUNTAINSIDE TO BE HELD WEEKLY ON TUESDAYS STARTING 1/14/03 THRU 04/03. A LIST OF PARTICIPANTS 15 ATTACHED. THEY WILL BE 5ET UP IN ROWS UNDER CANOPIED BOOTHS, SEE ATTACHED SKETCH. RESPECTFULLY SUBMITTED BY LORAS KOTZ 12220 N. TEAL DRIVE FOUNTAIN HILLS, AZ 480-837-8997 Alpine Almonds John Teuber (cell#(602) 418-4523) Atlantic Salmon Kenny Oshbacher (602) 286-9233 Breads,bakes desserts.cookies Monique/Marty Lightner (480) 585-8639 Beehive Candles Jen/Darian (866)411-9900 Bertas Burritos — Roberta (602) 787-0787 Blue Sky Farms David Voss (623)853-1424 Candy Apples Steve or Dana (602) 493-5032 DeCio Pasta Hazel (mother) Scott (son) (480) 456-1080 Desert Roots Backyard Herbs Kelly Saxter (480) 515-5453 Events by First Rose (480) 507-9331 Exotic Floral Designs Rita Picone (602) 867-1718 Gourmet Chololates Kathy McCarthy (480) 239-3903 Herbal Salves Nathaniel Davis (480) 456-1759 Lasan Teas — Sue Lybeck (602) 493-9297 Lebanese desserts Baklava LiL Sunshine Soaps/Cards Diane Tagg (480) 837-8152 Molly's Tamales Molly (623) 878-1815 Musician Brett James Philipps (623) 580-0426 Rohs Fudge Lowell Rohs (480) 585-2825 Schambach Maple Products Frank Schambach (623) 869-0523 Sconces/ Barbara (623) 879-9236 Sheridans graphics Sherry Lee (480) 496-8213 Southwest Chilies Tracy Mescha (602) 770-3150 Soy Nuts Shirley & Morris Weisman (480) 836-8320 Spice Bazaar Mary Karadsheh (480) 874-8841 Sulfur Springs Lavender Products Rita (602) 867-1718 Sunrider Products — Stephanie Cantu (602) 410-2929 Tanita Farms (602) 999-0297 Topiaries Living Sculptures (928) 632-4935 tIllb a.sli\IRVXM,I 1 roiT.A..h.. ti 467 11r 4A,,,r .� a • N8 4,, ' II.. 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'••,....._12:053 .1 ' 0 - ' ..• :Asp lit LA,:.1 111.e...'s..37-.. s`s X-4, i. 1/) ,1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/2/03 Submitting Department: Town Manager Contact Person: Tim Pickering Consent:n Regular:® Requesting Action:® Report Only:n Type of Document Needing Approval(Check all that apply): ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Presentation Council Priority(Check Appropriate Areas): n Education ❑ Public Fitness ❑ Library Services Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks &Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wording: PRESENTATION by the Fire and Emergency Service Funding Citizens'Advisory Committee with possible direction to staff to take action. . Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: Fountain Hills Fire and Emergency Service Funding Citizens' Advisory Committee Chairman John Cutillo will discuss the committee's recommendation. List All Attachments as Follows: Minutes of the 12/20/02 Fire and Emergency Service Funding Citizens Advisory Committee meeting Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Budget Review / (if item not budgeted or exceeds budget amount) 'own Manager Designee y.- TOWN OF FOUNTAIN HILLS OFFICE OF THE DIRECTOR OF ADMINISTRATION MEMO TO: Honorable Mayor Beydler and DT: January 2, 2003 Town Council TH: Tom Ward, Acting Tow l rd;ii FR: Cassie Hansen QiNp'`v RE: Additional Materials for the Fire Finance Director of Administration/Town Clerk Advisory Committee Agenda Item Staff has just received a copy of the presentation that John Cutillo, Chairman of the Fire and EMS Funding Advisory Committee, intends to make at tonight's meeting. At their meeting last Monday night, December 30, the Committee spent approximately one hour clarifying the motion made at their December 20 meeting. The minutes from the December 20 meeting were included in the packets that were distributed last Friday. Staff has compiled some additional materials to assist the Council with tonight's discussion. Included in this "mini packet" are the following materials: o Chairman Cutillo's presentation. o A verbatim excerpt from the December 30 Committee meeting reflecting the final motion and including the portion's of the "Gendler memo"referred to in the motion. o Copies of the minutes from all of the Committee meetings except the December 30 meeting. The Town Attorney will provide some additional information during the executive session regarding portions of the Committee's recommendation. The agenda item provides the Council the ability to direct staff to move forward with any or all of the Committee's recommendations. Councilwoman Ralphe contacted staff from Reno this morning and reported that she has been very ill with food poisoning. She has had to delay her return to Fountain Hills and will not be present at tonight's meeting. Vice Mayor Stevens will be absent as well. If the Council desires, staff can be directed to prepare the necessary documents for both the sales tax and property tax to be discussed and considered at the January 16 meeting when all members are in attendance. This would be the last regularly scheduled meeting at which the property tax issue could be placed on the May ballot. If you have any questions,please do not hesitate to call. L \\earth\CHansen\MEMOS\COUNCIL\2003\1-2-03 fire finance additional items.doc Last printed 1/2/2003 11:41 AM Page 1 of 1 Mayor Bydler ..members of the town council: I am here as the chairman of your appointed advisory committee to provide you with our findings, and I will provide you with a brief overview of our activities to that end. We held 6 meetings in the brief time of 3 weeks, slightly hindered by the two major holidays in that period of time. One of those meetings was to hear public comments and suggestions through a public hearing type meeting. Approximately 30 citizens were in attendance. The overwhelming comment of those who chose to speak were in support of a Fire District, either by re-instating the former or creating a new one, as a priority over an increase of the sales tax, and/or implementing a primary property tax. The first 3 meetings consisted mainly of looking at the budget constraints and the bleak picture of the future financial condition of the town if something is not done. We also looked at comparisons to other municipalities property taxes and sales tax. We then began a process of pro's and con's comparing our options and the options we looked at were primary property tax, new fire district, sales tax, subscription service, volunteer service and re-instating the former district that would consist of a new fire board. When looking at our budget constraints we did not look at other options for increasing revenue or cutting expenses that have been offered as suggestions by others, such as franchise tariffs for garbage service and utilities, and moving out of our current office space and into modular buildings on the land we own or selling some of the property we currently own. We didn't have that information nor did we have the time to study the feasibility of taking those steps to further improve our current situation. It is something I hope you woki)ci consider before increasing the sales tax, or at the least, supplementing and reducing the recommended increase. It was very obvious from all discussions brought forth by the committee members that the most suggested recommendation was to have a fire district in place to fund and direct the Fire and EMS. It was also felt the quickest way was through the County Attorney to re-instate the former district. This recommendation was included in our first motion and passed unanimously, however some misunderstanding of the motion surfaced and delayed our report to you to allow us to have another meeting, this brought about a re- consideration of the motion and a new one that I will be giving here tonight. The town attorney can enlighten you as to the reasons that part of the motion might have been taken out of our original motion, but it is certainly within your pervue to pursue. Before reading the motion passed for the committees recommendation to you let me be sure you understand that the committee unanimously agreed that a fire district, either thru an intergovernmental agreement or creating a new one, would be the best solution and this can only happen with your support. The order of the motion is chronological, not prioritized. The motion for recommendation follows: 1. Immediately implement a temporary 1% increase in the Town's sales tax for the purpose of funding Fire and EMS. This temporary sales tax increase will sunset upon receipt of property tax revenue, or by June 30, 2004, whichever comes first. 2. Authorize an election in May 2003, for the purpose of a public vote on a primary property tax to raise $3 million for funding Fire and EMS in the town of Fountain Hills beginning in fiscal year 2003-2004. 3. Authorize an effort by residents interested in establishing a fire district to pursue this concept through June 30, 2004. If successful by that date, the secondary property tax levied by a new fire ',,` district would replace the primary property tax from the May 2003 election and the Council would change the primary tax assessment from $3 million to zero in fiscal year 2004-2005. 4. In the event that a property tax, in the form of a primary by the Town, or a secondary by a Fire District, is not passed by the public, the council should take action in the form of a resolution recognizing Fire and EMS as a basic responsibility of municipal government and direct the Town Manager to budget accordingly upon sunset of the temporary sales tax on June 30, 2004. Rpectfully submitted: Cutil o hairman of the Fire & EMS fundingadvisory ry mmittee. L Fire Advisory Committee Meeting of 12-30-02 Bob Howes MOVED to accept the verbiage of Steve Gendler's items* 1 — 4 and strike the s,... alternative paragraph. Someone stated that it was not complete and asked about the first page. Mr. Howes stated that recommendation was contained on the second page 1-4 and to omit anything under that under the alternative. Someone asked if that would eliminate any attempt to resurrect the fire district. Steven Gendler SECONDED the motion. Mr. Gendler said that in drafting this from his original motion at the last meeting he had attempted to do it in a chronological manner. He felt it would be easier for people to understand things in a chronological manner. Mr. Cutillo noted that the Committee was making a recommendation to the Council. The Council would probably implement it any way they saw fit. He did not think that it mattered because nothing was being done chronologically as all of this would take place at the same time. The Council would probably have one meeting and make their decision to all of these, none of these, or part of this. The Council would do it so that it occurred at the same time. Therefore, he did not think that the chronological order of how it was presented to the Council made a whole lot of difference. Mr. Miles said he could support the motion on the table or what John Cutillo has written. Someone questioned if Mr. Yoder's motion fell under#3 or not. Mr. Yoder thought Mr. Cuttilo's memorandum had eliminated most of it. The important part, which had been spoken to at the last meeting that had been generally accepted, was to ask the Council to merely approach the county attorney and ask for his support in whatever was the best and efficient way (whether it was resurrection or forming a new) to go about it. He thought that had been clearly on the table and had been accepted by the committee. He wouldn't support Steven's memorandum without that inclusion. If that were dropped, that would drop a substantial portion of what he had thought the committee had agreed to last time. He said he would oppose that recommendation. John Cutillo confirmed that was not on the floor yet as the committee was discussing Steve's proposal. Mr. Howes stated that there was nothing in #3 that had to do with that. John Cutillo called for the vote. The motion CARRIED. John Cutillo clarified that the committee had only passed Steve Gendler's recommendations 1, 2, 3, &4. *Items 1—4 with the alternative paragraph struck. 1 — Immediately implement a temporary 1% increase in the town's sales tax for the purpose of funding fire and emergency medical services. This temporary sales tax increase will sunset upon receipt of property tax revenue, or by June 30, 2004, whichever comes first. 2—Authorize an election, in May, 2003, for the purpose of a public vote on a primary property tax to raise $3 million for funding fire and emergency medical services in the Town of Fountain Hills beginning in fiscal year 2003-2004. 3 —Authorize an effort by residents interested in establishing a fire district to pursue this concept through June 30, 2004. If successful by that date, the secondary property tax levied by a new fire district would replace the primary tax from the May, 2003, election and the Council would change the primary tax assessment from$3 million to zero in fiscal year 2004-2005. 4—In the event that a property tax, in the form of a primary by the town, or a secondary by a fire district is not passed by the public, the Council should take action in the form of a resolution recognizing fire and emergency services as a basic responsibility of municipal government and direct the Town Manager to budget accordingly upon sunset of the temporary sales tax on June 30, 2004. Alternative: to direct the Town Attorney to explore a dialogue with the County Attorney over the possibility of reestablishing the Fire District that existed prior to Council action on October 31, 2001. To this end, the Soar committee offers the services of two former Mayors, a farmer fire commissioner, and a written action plan, 1,' 1. ' rt f tL. mittee'.. .7....,,,,�entat;on on file with the Town Ad... agar's Office Y o TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE FOUNTAIN HILLS FIRE AND EMERGENCY SERVICE FUNDING CITIZENS ADVISORY COMMITTEE December 10, 2002 AGENDA ITEM #1 — CALL TO ORDER. The first meeting of the Fountain Hills Fire and Emergency Service Funding Citizens Advisory Committee was convened and called to order in the Town Hall Conference Room, Building A, 16836 E. Palisades Blvd, by Town Manager Tim Pickering at 4:00 p.m. AGENDA ITEM #2 — INTRODUCTION OF MEMBERS. Members introduced themselves. In attendance were John Cutillo, Daniel Kuchan, Steven Gendler, Eugene Peters, Robert Howes, and Tim Yoder. Member Jerry Miles was absent. Also in attendance were Town Manager Tim Pickering and Town Accounting Supervisor Julie Ghetti. AGENDA ITEM #3 — ELECTION OF COMMITTEE CHAIRPERSON. Mr. Pickering recommended that the committee elect a Chairperson. Steve Gendler MOTIONED to appoint John Cutillo as Chairperson, and Gene Peters SECONDED the motion, which carried unanimously. AGENDA ITEM# 4— TOWN MANAGER TO GIVE OVERVIEW OF COMMITTEE'S OBJECTIVES. - Mr. Pickering reviewed the purpose and responsibility of the committee which was to formulate a plan to fund fire operations and present a written recommendation to the Town Council at the January 2, 2003 Council meeting. He reminded the committee members that their role was to evaluate funding options and not get into fire operations. Whatever the committee decides will be what is recommended to the Council. AGENDA ITEM # 5 — DISCUSSION OF ISSUE BY COMMITTEE AND REQUEST FOR INFORMATON. - Mr. Peters requested a legal opinion regarding the possibility of either reinstating the Fountain Hills Volunteer Fire District or forming a new one. Mr. Pickering responded that he would obtain that from the Town legal counsel. Chairman Cutillo stated that he would like to encourage public participation and possibly hold public hearings for their input. AGENDA ITEM # 6 — SCHEDULING OF NEXT MEETING. -The committee agreed to meet on Thursday, December 12 at 6:00 p.m. for a work session to develop four or five recommendations that could be discussed at a public forum. The committee also requested that the Town Attorney be present to answer any questions. A white board should also be available to write down the suggestions. AGENDA ITEM#7 - ADJOURNMENT. Chairman Cutillo adjourned the meeting at 6:00 p.m. DATED this 1 lth day of December 2002: Susan M. Stein, Recording Secretary TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE FOUNTAIN HILLS FIRE AND EMERGENCY SERVICE FUNDING CITIZENS ADVISORY COMMITTEE December 12, 2002 AGENDA ITEM #1 — CALL TO ORDER. The meeting of the Fountain Hills Fire and Emergency Service Funding Citizens Advisory Committee was convened and called to order in the Town Hall Conference Room, Building A, 16836 E. Palisades Blvd, by Chairman John Cutillo at 6:00 p.m. AGENDA ITEM #2 — DISCUSSION OF ISSUE BY COMMITTEE. Town Attorney Andrew McGuire outlined the process required for formation of a new fire district: 1) The Town Council must approve the formation before the County Board of Supervisors can act; 2) the organizers file an impact statement with the Board of Supervisors and post a bond, if required; 3) Board of Supervisors holds a hearing on the impact statement and determines whether the public health, comfort, convenience or necessity will be served by forming a district; 4) if yes, petitions may be circulated, requiring signatures from (i) more than 50% of the property owners and persons owning more than 50% of the assessed valuation or (ii) more than 50% of the qualified electors; 5) the Board of Supervisors sets a hearing on the petitions, verifies the signatures and, if a sufficient number of valid signatures have been submitted, orders the district created. Members compiled a list of options; i.e., property tax, formation of a new fire district, combination of sales/property taxes, tax/subscription, and volunteer fire department. A public forum has been scheduled for Wednesday, December 18`h, at 6:30 p.m. in council chambers. AGENDA ITEM # 3 — SCHEDULING OF NEXT MEETING. -The committee agreed to meet on Monday, December 16 at 6:00 p.m. for a work session to discuss the options. AGENDA ITEM#4 - ADJOURNMENT. Chairman Cutillo adjourned the meeting at 8:15 p.m. DATED this 17th day of December 2002: Susan M. Stein, Recording Secretary TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE FOUNTAIN HILLS FIRE AND EMERGENCY SERVICE FUNDING CITIZENS ADVISORY COMMITTEE December 16, 2002 AGENDA ITEM #1 — CALL TO ORDER. The meeting of the Fountain Hills Fire and Emergency Service Funding Citizens Advisory Committee was convened and called to order in the Town Hall Conference Room, Building A, 16836 E. Palisades Blvd, by Chairman John Cutillo at 6:00 p.m. AGENDA ITEM#2— CONSIDERATION OF APPROVING THE MEETING MINUTES OF DECEMBER 10, 2002. Committee Member Tim Yoder MOTIONED to approve the meeting minutes, Member Dan Kuchan SECONDED, which CARRIED UNANIMOUSLY. AGENDA ITEM # 3 — DISCUSSION OF ISSUE BY COMMITTEE. Members continued to discuss the various funding options and the manner in which the group's recommendation would be presented to the Town Council. AGENDA ITEM # 4 — SCHEDULING OF NEXT MEETING. -The committee agreed to meet on Friday, December 20 at 4:00 p.m. in council chambers for a work session to discuss recommendations to the Town Council, after hearing public comment at the December 18`h ... meeting. AGENDA ITEM# 5 - ADJOURNMENT. Chairman Cutillo adjourned the meeting at 7:45 p.m. DATED this 17th day of December 2002: Susan M. Stein, Recording Secretary TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE FOUNTAIN HILLS FIRE AND EMERGENCY SERVICE FUNDING CITIZENS ADVISORY COMMITTEE December 20, 2002 AGENDA ITEM #1 — CALL TO ORDER. The meeting of the Fountain Hills Fire and Emergency Service Funding Citizens Advisory Committee was convened and called to order in Council Chambers, Building B, 16836 E. Palisades Blvd, by Chairman John Cutillo at 4:00 p.m. AGENDA ITEM #2 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF DECEMBER 12 AND DECEMBER 16, 2002. Member Jerry Miles MOTIONED to approve the meeting minutes, Member Tim Yoder SECONDED, which carried unanimously. AGENDA ITEM #3 — DISCUSSION OF ISSUE BY COMMITTEE. Committee members discussed the various funding options. The following possible recommendations were noted by the Town Manager: 1) Asking Legislature to permit restriction of property tax to fire and EMS funding; 2) Asking the County to resurrect the former fire district, imposing an interim sales tax, and/or establishing a new fire district; 3) Placing property tax on ballot, passing temporary sales tax increase of .09%, requesting Council approval for residents to attempt to �.• form a fire district by a certain date, imposing permanent 1% sales tax if other methods fail; 4) Impose a permanent 1.9% sales tax increase; 5) Imposing 1% sales tax increase immediately, and placing property tax on ballot in May. Chairman Cutillo then asked for public input. The citizens and their comments were as follows: Ellen Wynat — thought there would be no problem in obtaining all the required signatures by May, David Coombs — phase in the fire district formation to the public the day following election for property tax to avoid confusion, increasing sales tax is harmful to retailers, Bob Travis — not a good idea to simultaneously promote property tax and fire district, Romona Yoder—Council is no longer credible, need to present it correctly to the public. Steve Gendler MOTIONED that the Committee's recommendation include the following: 1. Recommend Council immediately approve a 1.0% temporary sales tax increase with a sunset date of 12/31/03, or upon receipt of revenue from a property tax, whichever comes first. 2. Recommend a primary property tax to fund $3M for fire and emergency medical services be placed on the May ballot 3. Recommend Council give approval to residents to begin formation of a fire district 4. Recommend Council's approval/endorsement of actions specified in Mr. Yoder's memorandum. Jerry Miles SECONDED. Mr. Yoder MOTIONED for an amendment that the sunset date be changed to 6/30/04. Steve Gendler SECONDED the amendment, and it PASSED unanimously. Chairman Cutillo called for the vote on the amended original motion, and it �•- PASSED 7-0. The draft recommendation will be reviewed by Town Manager Pickering. Following his review, the recommendation will be signed by the seven committee members and submitted to the Town Council at the January 2nd council meeting. AGENDA ITEM#5 —ADJOURNMENT. Chairman Cutillo adjourned the meeting at 6:00 p.m. DATED this 23th day of December 2002: Susan M. Stein, Recording Secretary TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE FOUNTAIN HILLS FIRE AND EMERGENCY SERVICE FUNDING CITIZENS ADVISORY COMMITTEE December 20, 2002 AGENDA ITEM #1 — CALL TO ORDER. The meeting of the Fountain Hills Fire and Emergency Service Funding Citizens Advisory Committee was convened and called to order in Council Chambers, Building B, 16836 E. Palisades Blvd, by Chairman John Cutillo at 4:00 p.m. AGENDA ITEM #2 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF DECEMBER 12 AND DECEMBER 16, 2002. Member Jerry Miles MOTIONED to approve the meeting minutes, Member Tim Yoder SECONDED, which carried unanimously. AGENDA ITEM #3 — DISCUSSION OF ISSUE BY COMMITTEE. Committee members discussed the various funding options. The following possible recommendations were noted by the Town Manager: 1) Asking Legislature to permit restriction of property tax to fire and EMS funding; 2) Asking the County to resurrect the former fire district, imposing an interim sales tax, and/or establishing a new fire district; 3) Placing property tax on ballot, passing temporary sales tax increase of .09%, requesting Council approval for residents to attempt to form a fire district by a certain date, imposing permanent 1% sales tax if other methods fail; 4) Impose a permanent 1.9% sales tax increase; 5) Imposing 1% sales tax increase immediately, and placing property tax on ballot in May. Chairman Cutillo then asked for public input. The citizens and their comments were as follows: Ellen Wynat — thought there would be no problem in obtaining all the required signatures by May, David Coombs — phase in the fire district formation to the public the day following election for property tax to avoid confusion, increasing sales tax is harmful to retailers, Bob Travis —not a good idea to simultaneously promote property tax and fire district, Romona Yoder—Council is no longer credible, need to present it correctly to the public. Steve Gendler MOTIONED that the Committee's recommendation include the following: 1. Recommend Council immediately approve a 1.0% temporary sales tax increase with a sunset date of 12/31/03, or upon receipt of revenue from a property tax, whichever comes first. 2. Recommend a primary property tax to fund$3M for fire and emergency medical services be placed on the May ballot 3. Recommend Council give approval to residents to begin formation of a fire district 4. Recommend Council's approval/endorsement of actions specified in Mr. Yoder's memorandum. Jerry Miles SECONDED. Mr. Yoder MOTIONED for an amendment that the sunset date be changed to 6/30/04. Steve Gendler SECONDED the amendment, and it PASSED unanimously. Chairman Cutillo called for the vote on the amended original motion, and it `.. PASSED 7-0. The draft recommendation will be reviewed by Town Manager Pickering. Following his review, the recommendation will be signed by the seven committee members and submitted to the Town Council at the January 2nd council meeting. AGENDA ITEM#5—ADJOURNMENT. Chairman Cutillo adjourned the meeting at 6:00 p.m. DATED this 23th day of December 2002: Susan M. Stein, Recording Secretary `.. `O. Emergency and Fire Service Funding Committee To: John Cutillo, Chairman and Members Steve Gendler, Robert Howes, Daniel Kuchan, Jerry Miles, Gene Peters From: F. Tim Yoder, Member Date: December 19, 2002 Subject: Solution for Funding the Fire Service and EMS This solution can be accomplished in the following way: 1) In order to speed up the process the Council could call a special meeting in order to: A) Approve an immediate increase in the sales tax to cover the monthly deficit. This would create a cash flow in 4 months and could be presented as temporary. B) The Council will pass a Resolution to approve the formation of a Fire District. When accomplished this will remove the 2.5 million from the Town's budget. 2) The these steps completed, a meeting should be set up with the County Attorney, Mr. Romley, County Board of Supervisors member Ed Stapley, Our Mayor, Town Manager, Town Attorney, Past Mayors Cutillo and Miles, the local Fire Fighters Union President Steve Springborn and myself. This group would ask Mr. Romley if he would agree to re-instate the Fountain Hills Fire District at the request of the Town Council (Note: See Jerry Miles MEMO December 19, 2002 Subject: Revival of Fire District.) Reasons: The town is in financial crisis and it's citizens are at risk with regard to an under-funded Fire Service. The citizens and local Fire Fighters support this action. Other solutions will simply take too long to implement and are not guaranteed to pass. Process: The re-instated District would have no Board of Directors (the old Board will submit letters of Resignation if necessary). Therefore, the County Board of Supervisors would appoint three Commissioners. Three members of the Advisory Committee Would be appropriate. Also the District would have no assets. They belong to the Town. The local Rural/Metro/Fountain Hills Fire Fighters will be given a Priority status to fill the first thirty (30) positions. This will satisfy the Council Members who were concerned that these Firefighters would not be given an opportunity. The Fire District will purchase the assets of the Fire Department from the Town for $3,000,000.00 payable at an annual fee of $240,726.00 for twenty (20) years @ 5% interest. Total payment to the Town will be $4,814,520.00 (if this is necessary to persuade the Town Council to approve this remedy). This is the quickest and easiest way to assure the Town of a short and long term solution. Indications are that the County Attorney would consider such an option if asked by the Council and this Committee. The worst case scenario is a"no" answer which then requires us to get the petitions signed. The Committee should then ask Mr. Romley and Stapley if they could help "Fast Track"the formation of a new District. I also believe the existence of a Fire District could materially help in the settlement of the Knapp lawsuit. The out of work Fire Fighters mostly want to work in the fire service. Probably the major advantage to the citizens of Fountain Hills is that the Fire District will always be able to afford the cost of a properly staffed department with oversight by elected Commissioners. TOWN OF FOUNTAIN HILLS L OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: January 2, 2003 FR: Julie A. Ghetti, Accounting Supervisor RE: Fire and Emergency Service Funding Administration The Fire and Emergency rvice Funding Citizens' Advisory Committee has prepared a recommendation for the Council that includes four options. The following supplemental information is provided to assist the Council in their deliberations: Option 1: Implement a 1% increase in Town local sales tax 1% increase = approximately $2,687,500 in additional revenue (only $2,015,625 available for general government use, the remainder is for open space and downtown development). Each additional .1% = approximately $201,500 in available revenue. The Arizona Department of Revenue requires 60 days notice before implementation; if resolution is passed in January then effective date would be April 1, 2003 with first collection in June, 2003. Voter approval not required. Option 2: Authorize an election for the purpose of funding $3M for fire and emergency medical services Maricopa County Elections requires 120 day notice for municipal election (January 20, 2003 for May election). Town of Fountain Hills presents proposed levy amount (not tax rate) on the ballot. The levy amount (example, $3M) will be the base for determining levy limitations for the Town in subsequent years. There is a strict limit on how much the Town can levy as a primary property tax — the limit is 2% over the previous year's maximum allowable primary levy plus allowance for construction. If the ballot measure passes the proposed levy is submitted to the Property Tax Oversight Commission for approval. If a new Fire District is formed the District would levy a property tax; the Town would levy zero for fire operations. r If a Town levy is required for fire operations the tax would appear on the property owners September property tax statement and would be available to the Town on November 15, 2003. A $3M levy would require approximately $1.0838 tax rate ($270.95 annually for a $250,000 assessed value home). The rate is based on an estimate of the total assessed valuation for the Town of $276,809,936 for 2003. A comparison of property tax rates in Maricopa County is attached. cc: Mr. Timothy G. Pickering, Town Manager \\earthUGhetti\WPDATA\INTEROFFICE MEMO COUNCIL.doc L L MARICOPA COUNTY MUNICIPAL FIRE DEPARTMENTS Slaw Annual Fire Department Budget compared to General Fund Budget and Per Capita Cost CITY/TOWN PROPERTY TAX Fire Dept. Total GF %of Per Capita City City City City Population Budget Budget Total Cost Primary Secondary Total Phoenix 1,321,045 $156,702,000 $888,014,000 17.6% $118.62 $0.80 $1.02 $1.82 Mesa 396,375 $46,524,000 $306,290,446 15.2% $117.37 $0.00 $0.00 $0.00 Glendale 218,812 $16,318,961 $101,000,000 16.2% $74.58 $0.35 $1.37 $1.72 Chandler 176,581 $20,505,611 $191,951,843 10.7% $116.13 $0.38 $0.90 $1.28 Tempe 158,625 $14,854,413 $168,095,250 8.8% $93.64 $0.52 $0.83 $1.35 Gilbert 109,697 $8,787,000 $59,745,034 14.7% $80.10 $0.00 $1.15 $1.15 Peoria 108,364 $10,152,405 $72,223,446 14.1% $93.69 $0.29 $1.30 $1.59 Avondale 35,883 $3,589,635 $26,724,575 13.4% $100.04 $0.54 $0.73 $1.27 Surprise 30,848 $4,849,500 $38,170,700 12.7% $157.21 $0.66 $0.25 $0.91 Fountain Hills 20,235 $2,361,270 $14,218,000 16.6% $116.69 $0.00 $0.51 $0.51 Goodyear 18,911 $5,291,022 $28,665,109 18.5% $279.79 $1.29 $0.75 $2.04 Buckeye 8,497 $2,991,695 $9,526,147 31.4% $352.09 $0.98 $0.69 $1.67 El Mirage 7,609 $1,600,000 $14,500,000 11.0% $210.28 $0.00 $0.00 $0.00 Guadalupe 5,228 $830,483 $3,702,587 22.4% $158.85 $0.00 $0.00 $0.00 Tolleson 4,974 $1,746,706 $8,280,250 21.1% $351.17 $1.04 $0.96 $1.35 L Prepared by Julie Ghetti 12/92002 MunFireDept.xls Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/2/03 Submitting Department: Town Manager Contact Person: Tim Pickering Consent:n Regular:® Requesting Action:® Report Only:❑ Type of Document Needing Approval(Check all that apply): ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Discussion Council Priority(Check Appropriate Areas): n Education ❑ Public Fitness ❑Library Services ❑ Public Safety ® Community Activities ❑Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks &Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wording: Discussion of UPCOMING FINANCIAL STEPS in the budget reduction plan as presented in the Town Manager's memo dated 12/11/02. Staff Recommendation: Approve Fiscal Impact: Yes $estimated as decribed in report Purpose of Item and Background Information: Town Manager Pickering will be out of town on January 2nd As per his attached memo, he is requesting direction from Council as to the next phase of our financial plan. If Council wishes to direct staff to prepare necesasry documentation to implement one or several of the options presented in the memo,they could do so at the Council meeting . List All Attachments as Follows: memo from Town Manager Type(s) of Presentation: memo from Town Manager Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) To n Manager/ ne esig TOWN OF FOUNTAIN HILLS 'Po... Office of Town Manager INTER OFFICE MEMO TO: Honorable Mayor Beydler and Town DT: December 11, 2002 Councilmembers FR: Tim Pickering, Town Manager I RE: Next Stage of Financial Plan As the Council is aware, the staff is taking steps to implement the budget reduction plan approved at the last Council meeting. As this is the first stage of a multi-stage plan to put the Town on sound financial footing, I would like to address upcoming financial steps in response to Councilman Melendez's attached request. The Council chose expenditure reductions as Phase I of the plan. Next fiscal year, this effort may save us approximately $2.1M. However, the Town is estimated to need $4.3M in new revenue to meet next year's preliminary budget and fund balance needs. Approximately $2.3M - $2.7M may come from the funding recommendation from the Fire and EMS Funding Committee. If these estimates are accurate, the Town could still be $2M short from being on the road to a sound financial future. I want to caution the Council that these numbers are estimates. The staff will not know the exact needs of Town finances until a budget is drafted, a decision on fire and EMS funding is reached, and the fiscal year is complete. However, the Town Council should realize that we continue to lose money at an average monthly amount of $130,000. I would recommend taking action in January on both fire funding and other revenue enhancers. I provided you with the staff's recommendation for revenue enhancements during the November 13th public financial forum. Options are listed in order of staff's recommendation: 1. New Town sales tax rate (increase of a full 1.1%) $2,956,250 2. Eliminate sales tax exemptions $ 270,000 3. Utilize designated sales tax $ 200,000 4. Increasing permits, licenses, and user fees $ 200,000 5. Place a utility franchise fee on the ballot $ 350,000 6. Sell Town assets $1,800,000 Priority of each revenue enhancement option was determined by various factors; i.e., reviewing the ability to implement a comparison to other towns, payment by those who receive service, the revenue stream, when revenue will begin to flow, long-term or short-term solution, diversification of revenue base, political feasibility, and contribution to solving problem. If the Council needs additional information before our January Council meetings, or would like me to facilitate a decision by using a decision-making technique, such as multi-voting, at the Council meeting, please contact me. Staff continues to research methods to reduce expenditures and develop new revenue sources. To that extent, we will be bringing forth new community center rates and policy adjustments for your consideration at an upcoming Council meeting. Additionally, the Fire and EMS Funding Committee met on Tuesday and Thursday of this week, and is making progress on bringing a recommendation forward. A public hearing regarding fire and EMS funding is tentatively set for December 18th in council chambers (Building B) at 6:30 p.m. In summary, staff will be requesting direction from Council as to the next phase of our financial plan. If Council wishes to direct staff to prepare necessary documentation to implement one or several of these options, we would be happy to do so. Tpickering/E:/Stein//Tim Pickering/financialplanmemo.dod121102 L L FRJM : MELENDEZ INTERNATIONAL PHONE NO. : 602 8376463 Dec. 10 2002 04:56PM P1 • exlpiN yi o°z. Town of FOUNTAIN HILLS From the desk of ox�. Rick Melendez llp?p 41',44 I PJ‘t# tMP `YlM F! CXZ6L‘ AA) 446'C-2. CbSalteAdr PeA-ae— ate go2-2;,,,-. l.1r ? . `. 't` . o. CC �bc�uc� M�/11E2S