HomeMy WebLinkAbout2003.0605.TCREM.PacketNOTICE OF REGULAR AND EXECUTIVE
SESSION OF THE
that is
4a FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Rick Melendez Councilwoman Kathy Nicola
Councilwoman Leesa Stevens Councilman John Kavanagh
Councilman Mike Archambault Vice Mayor Susan Ralphe
WHEN: THURSDAY, JUNE 5, 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)
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior
to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being
accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council,
the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing,
please submit the speaker card to speak to that issue during the Public Hearing.
Speakers' names will appear on the overhead screen. At that time, speakers should stand and approach the
podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their
comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be
repetitive.
Individual speakers will have three minutes from the time they are recognized. If representing a specific group
or more than three minutes are needed, contact the Town Clerk prior to the beginning of this meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be asked
to leave.
• CALL TO ORDER — Mayor Nichols
Regular Session 1) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-
431.03. A.1, For discussions 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 the discussion or
consideration occur at a public meeting. The public body shall provide the officer, appointee
or employee with written notice of the executive session as is appropriate but not less than
twenty-four hours for the officer, appointee or employee to determine whether the discussion
or consideration should occur at a public meeting. (Specifically, the town manager's review).
F:\AGENDAS\REGULAR\2003\Regu1ar Session 6-5-03.doc Page I of 4 Last printed 6/4/2003 8:08 AM
2) RETURN TO REGULAR SESSION
SWEARING IN CEREMONY:
Administration of oath of office by State Legislator, Representative Michelle Reagan to
Mayor -elect Nichols.
Comments from newly elected Mayor Nichols.
• CALL TO ORDER — Mayor Nichols
• PLEDGE TO THE FLAG — Mayor Nichols
• INVOCATION — Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church
• ROLL CALL — Mayor Nichols
AGENDA ITEMS
Consent Agenda:
All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one motion
and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended
staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or
member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent
agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda.
*3.) CONSIDERATION of approving the meeting minutes of May 6 and May 15, 2003.
*4.) Consideration of a LIQUOR LICENSE APPLICATION for Sorelli's from the Vine
located at 12005 N. Saguaro Blvd., Suite #101. The application is for a #10 Beer and Wine
Store License.
*5.) Consideration of RESOLUTION 2003-19 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the westerly property
line of Lot 33, Block 3, Plat 401B (9814 N. Littler Place).
*6.) Consideration of RESOLUTION 2003-21 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the southerly property
line of Lot 5, Block 4, Plat 604B, (15415 E. Palomino Blvd.) and at the northerly property line
of Lot 8, Block 2, Plat 605D (15410 E. Mustang Drive).
*7.) Consideration of RESOLUTION 2003-22 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the northerly property
line of Lot 6, Block 1, Plat 506B (15012 E. Windyhill Road).
*8.) Consideration of RESOLUTION 2003-24 abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the easterly property
line of Lot 17, Block 3, Plat 505C (16411 N. Skyridge Lane), WITH STIPULATION.
*9.) Consideration of RESOLUTION 2003-25 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the
westerly property line of Lot 34, Block 3, Plat 401B (9822 N. Littler Place).
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*10.) Consideration of FINAL PLAT for "Golden Condominiums", a 2-unit condominium project
located at 16705 Fairfax Drive, aka Plat 104, Block 9, Lot, Case Number S2003-05.
*11.) REAPPOINTMENT of two (2) Board of Adjustment commissioners and the
APPOINTMENT of one (1) commissioner to fill a vacancy, each to serve a two-year
period.
*12.) Consideration of RESOLUTION 2003-29 regarding an Intergovernmental Agreement with
the City of Phoenix for a municipal hearing officer.
*13.) Consideration of RESOLUTION 2003-30 entering into an Intergovernmental Agreement
with participating public agencies in forming a separate, nonprofit corporation for the
purpose of joint participation, coordination and pursuit of all available legal remedies against
NCFE (National Century Financial Enterprises).
6:40 PM
14.) Consideration of a TEMPORARY USE PERMIT to allow outdoor retail sales (aka
Farmer's Market) on a portion of Lot 1 and Lot 2 of the Plaza Fountainside Final Plat to be
held every Tuesday of the week beginning June 10, 2003, Case #TU2003-04.
7:00 PM
15.) PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to
allow a maximum height of 40 feet and to allow residential use in the Town Center
Commercial zoning district located on Lot 2, Plaza Fountainside north of El Lago
Boulevard, east of Saguaro Boulevard.
7:20 PM
16.) Consideration of the SPECIAL USE PERMIT to allow a maximum height of 40 feet and to
allow residential use in the Town Center Commercial zoning district located on Lot 2, Plaza
Fountainside north of El Lago Boulevard, east of Saguaro Boulevard.
7:30 PM
17.) PUBLIC HEARING to receive comments of a request for a SPECIAL USE PERMIT to
allow a 145-unit multiple -family residential condominium project in the "C-2" Intermediate
Commercial Zoning District, located at Final Plat 208, a portion of Block 1, Block 8, and the
abandoned portion of Verde River Drive. Case Number SU2003-02.
7:50 PM
18.) Consideration of the SPECIAL USE PERMIT to allow a 145-unit multiple -family
residential condominium project in the "C-2" Intermediate Commercial Zoning District,
located at Final Plat 208, a portion of Block 1, Block 8, and the abandoned portion of Verde
River Drive. Case Number SU2003-02.
8:00 PM
19.) Consideration of a PRELIMINARY PLAT for the Town Center III Condominiums, a replat
of Final Plat 208, a portion of Block 1, Block 8, and the abandoned portion of Verde River
Drive. Case Number S2003-02.
8:10 PM
20.) Consideration of RESOLUTION 2003-26 declaring the Storm Water Management Plan a
public record. A presentation will be made by Burgess and Niple.
8:25 PM
21.) Consideration of ORDINANCE 03-13 adopting the Storm Water management Plan by
reference.
8:30 PM
22.) Consideration of an EXEMPTION requested by Mr. and Mrs. Lucich from Section 7-9-3 of
the Town Code requiring fire sprinklers in remodeling plans.
8:45 PM
23.) FOUNTAIN HILLS TOURISM COUNCIL will provide a "tourism impact study and
destination marketing proposal".
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9:05 PM
24.) Consideration of RESOLUTION 2003-27 adopting the 2003-04 budget.
10:05 PM
25.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural
-strengths—
and weaknesses and discuss possible improvements for future meetings.
10:10 PM
26.) CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda 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
10:15 PM
27.) SUMMARY of Council requests reviewed by the Town Manager.
10:20 PM
28.) ADJOURNMENT.
f
DATED this 30d' day of May, 2003
Bevelyn J. B de , Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please
call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable
accommodation to participate in this meeting or to obtain agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
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i
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 6/5/03
Submitting Department: Administration Contact Person: Bender
Consent:® Regular:❑ Requesting Action:®
TVDe of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Draft meeting minutes
Council Prioritv (Check ADDrODriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Rellular Agenda Wording: Consideration of approving the meeting minutes of May 6 and May 15, 2003.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Backmround Information: Approve minutes for archival purposes.
List All Attachments as Follows: Draft meeting minutes for May 6 and May 15, 2003.
Type(s) of Presentation: none
Silznatures of Submitting Staff:
Department Head _
�Y
v ,O
Town` a ager / besignee
Budget Review
(if item not budgeted or exceeds budget amount)
E:\BBender\Documents\ELECTION\May 20, 2003 Election\Resolution 2003-13.rtf Last printed 5/2212003, 4:04 PM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Tom Ward
Requesting Action:®
Tvue of Document Needing Approval (Check all that_a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ® Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of the liquor license application submitted by Lina Bellenir, Vincent
Cannarsa, Felice and Maria Lalli for Sorelli's from the Vine located at 12005 N. Saguaro Blvd. #101. The
application is for a new Class 10 license.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: To obtain Council approval for a new Class 10 liquor license.
A Class 10 license allows retail sales for beer and wine only in the original unbroken package, to be taken away
and consumed off the premises. The application complies with statutory and liquor license regulations and it
received a favorable recommendation from the Town Marshal based on his background investigation. At the
manager's request in an attempt to reduce paper, full app'ications will not be reproduced for the packets. The
front page will be included for representative purposes and the full application is available for review in the
clerk's office.
List All Attachments as Follows: Ward memo; Martinez memo; application front page
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
D art ment Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: May 15, 2003
FR: Tom Ward
Director of Public W rl
RE: Sorelli's from the Vine
Liquor License Application
Lina Bellenir, Vincent Cannarsa, Felice and Maria Lalli are requesting Council approval of a new
Class 10 liquor license for Sorelli's from the Vine located at 12005 N. Saguaro Blvd, #101. A Class
10 license allows retail sales for beer and wine (no other spirituous liquors), only in the original
unbroken package, to be taken away from the premises of the retailer and consumed off the
premises.
Public Works and the Town Marshal have reviewed the application. It meets the statutory
requirements for a Class 10 liquor license.
Lina Bellenir and Vincent Cannarsa are Arizona residents. Felice and Maria Lalli are residents of
Michigan. There are no outstanding wants or warrants for any of the parties. The business has a
current Town business license (#4607) valid through October 31, 2003.
Based on statutory compliance and a favorable recommendation from the Town Marshal, staff
recommends approval.
limp
Sorelli's from the Vine License Application.doc Page 1 of 1
TOWN OF FOUNTAIN HILLS
,. MARSHALS DEPARTMENT
INTER OFFICE MEMO
TO: Tom Ward, Public Works Director
DT: 05/15/03
FR: Ken Martinez, Interim Town t(v`
Marshal
RE: Liquor License — Sorelli's from the
vine
The purpose of this memorandum is to provide an endorsement of the attached liquor
license application for Sorelli's from the Vine located at 12005 N. Saguaro #101.
BACKGROUND INVESTIGATION:
A Class 10 License allows a retail store to sell beer and wine (no other spirituous
liquors), only in the original unbroken package, to be taken away from the
premises of the retailer and consumed off the premises.
A Class 10 license is exempt from restrictions relating to churches, schools and
nearby liquor establishments.
The applicants, Lina Bellenir and Vincent Cannarsa are Arizona residents under the
provisions of ARS Title 28. Felice & Maria Lalli are residents of Michigan. I have
verified that there are no outstanding wants or warrants for any of the parties.
Additionally, the business has a current town business license valid through 10-31-
03.
RECOMMENDATION
Based on compliance with Title 4 relating to the Class 10 liquor license, the fact that
the Bellenir and Cannarsa are Arizona residents with no wants or warrants, the
Sorelli Group LTD. is listed with the Arizona Corporation Commission and that
there is a current Fountain Hills business license on file, I recommend approval.
Kmartinez;KLM;\\earth\KMartine\My DocumentALIQUOR Licenses\Liquor Approval Memo-Sorelli's.doc;Created on 5/13/2003
11:07 AM
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007 M34 V "t00 Tucson AZ 85701-1352
(602) 54� 14.1 , (' « (520) 628-6595
�ATION FOR LIQWk UCiNSE 3 00 1PR 1 b P
4
TYPE OR PRINT NvmI �$i CK M Q U Q �,
'v. t__PPTT��77r l.� L1Q. DEPT. TUCSON
Notice: Effective l�ov. 1, 1997, All Owners, Agents Partners Stockholders Officers or Managers actively involved in the day to day
operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last
five years. See page 5 of the Liquor Licensing requirements. �/Z-57
SECTION 1 This application is for a: SECTION 2 Type of ownership: / tw A,) / 03
❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 /
)kNEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6
❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP r,1 S
Complete Sections 2, 3, 4, 11, 13, 15, 16, 17
El LOCATION TRANSFER (Bars and Liquor Stores ONLY)
Complete Sections 2, 3, 4, 12, 13, 15, 16, 17
ElPROBATE/WILL ASSIGNMENT/DIVORCE DECREE
Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required)
[I GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17
} SECTION 3 Type of license and fees: LICENE]
Sc n.re-!,*In
omp ete eckon 6
.CORPORATION Complete Section 7
❑ LIMITED LIABILITY CO. Compiele Section 7
❑ CLUB Complete Section 8
❑ GOVERNMENT Complete Section 10
❑ TRUST Complete Section 6
❑ OTHER Explain
1. Type of License: CA- ti W I SIC- S-rpiZ 2. Total fees attached: $ 111 Y
+.PPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE_,) ARE NOT REFUNDABLE.
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
SECTION 4 Applicant: (All applicants must complete this section)
, R E L,LE N i P, �. N A P loon��
1. Applicant/Agent's Dame: Ms.
(Insert one name ONLY to appear on license) Last First Middle
2. Corp. /Partnership/L. L. C.: THe S op e LL i G IZO u p LT-p E)19 $ ,
(Exactly as it appears on Articles of Inc. or Articles of Org.)
3. Business Name: S 0 Rr- L k- i I S F iz 0 m T H E V 1J b 0 �1 ("a 6)
(Exactly as it appears on the exterior of premises) e # I O'
d ^mot 0,leopc`
4. Business Address: I 10 0 !3N. S a G U A R- 0 13 L V D Fpu hart) u W t Ls Z, g S a 6 x
(Do not use PO Box Number) City COUNTY ' Zi
1 P
5. Business Phone: ( -A kV) %) L- 10 11 Residence Phone: (ft) k I lr - R 0 y'
6. Is the business located within the incorporated limits of the above city or town? KYES El NO
7. Mailing Address: -iO-00 S N. g A GU A P-O L,LU rj 4 10 1 6,,3TA i Q R i L L S t A 2- $ 5 oZ b
City State Zip
8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY)
Accepted by: 4JI&I
Fees: I bY U
Application Interim Permit
DEPARTMENT USE ONLY
Date: 5,1 1 � �-
Agent Change Club
Lic. #i �-7 `f`J�0\
q $ I l ("7
F. Prints TOTAL
PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUNISTANCES OFTEN RESULT IN A LONGER WArnNG PERIOD.
YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE k INAL APPROVAL ANI) ISSUANCE OF THE LICENSE.
LIC 0100 IIn000 *Disabled individuals requiring special accommodation, please call (602) 542-9027.
SECTION 5 Interim Permit
`you intend to operate business while your a ca6rf is ��.. �� � pen �6
ding u Qrill�n�d an Interim Permit pursuant to A.R.S. 4203.01,
2'—Ibere MUST be a valid license t]��;am�typt: yow �a pll l5 g for currently issued to thr localicn.
�3. Enter the license number currently at the loJ
�atit�ia ����u .,' '` � �
4. Is the license currently in use? ❑ '� NCCO If tzd,-how long has it been out of use? - >
ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION.
I, (Print full name) declare that I am the CURRENT LICENSEE of the stated license and
location I have read this application and the contents and all statements are true, correct and complete.
X
(Siglawe)
yly commission expires on:
SECTION 6 Individual or Partnership Owners:
State of County of
The foregoing instrument was acknowledged before me this
day of
Day of Month Month. Year
(Siptature of NOTARY PUBLIC)
'ERSON LISTED MUST SUBI�M A COMPLETED FORM "L1C0101", AN "AMICA_NT" TYPE GER.PRVT CARD, AND VA FEE FOR EACH CARD.
l . Individual:
Last First Middle % Owned R dence Address Ca State
Partnership Name: (Only the first partner listed will
ieneral-Limited Last Pirsi Middle
% Dvfnod ReciA-nrr AAelr—c
r:ti, e.eti 7:..
5-a 6 ly
❑ ❑
deti✓ C; '444,v J /at k 4S/a
.eE
S
896 3 a.,� <d�tiu� 61-1 �ti �a•t� /5!' yko
❑ ❑
C�N��K Sl,L (/i il/L'�.(fi- ZQ
o?S"
i�Sa68
/ `fo `C Lit uS �-' Fa��vrw� v t�, [1s
❑ ❑
4
klM14nLrx fUJUt i 1VIN.9L a-M=A Lr IN CI.)--JaAK T)
Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES 9 NO
2
SECTION 7 Corporation/Limited Liability Co.:
EACH PERSON LISTED MUST SUBMTr A CON911LETED FORM "L1C0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EA CARD.
CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8.
L.L.C. Complete questions 1, 2, 4, 5, 6, 7and attach op��fArticles of : 0 a �teeme
1. Name of Corporation/L.L.C.: 7j A
(Exactly as it appears on Arttcle9 otInc. or Articles
llof11(O��rg. �� t Qu
2. Date Incorporated/Organized: - ��� D State where,pc%;te6tLOR
ganized: ��J, F L i„n
3. AZ Corporation Commission File No.: O O g I 0 — Date authorized to do business in AZ: 0 -1-1—�
4. AZ L.L.C. File No: Date authorized to do business in AZ:
5. Is Corp./L.L.C. non-profit? ❑ YES *qO If yes, give IRS tax exempt number:
6. List all directors/officers in Corporation/L.L,C.:
Last First Middle Tirin U—iae.,... A.1-_
I
�.r
A?, $s
11 i
LOAD
iJ . U t,l.
i e UT C AILS
vl'cc
cst T
�L• �sa6�
of i l,quS i M +};lL
Atli
8 (�r1�►c ve. `►.c$C4
yklot
r_V_
L L i
ea U
tc H • N blot
M_S PQILK Ave , Ar k.N e xi PoILIC
(ATTACH ADDITIONAL SHEET IF NECESSARY)
7.) List stockholders or controlling members owning 10% or more:
Las[ First Middle % Own'd
u...;A_",. a IA—
J\"a,
/ D o f t c 4CL Us
_Vj�!C'e
9a
�
'�� • Ysa� y
D O C U
'
a�s'
. �o7
�'96 Al ics+Yi
!� /4
R CL
%r,uA 1, AV1 rNi-JIILc1 tr 1NGLL.)JMK r)
8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent
entity. Attach additional sheets as necessary in order to disclose real people.
SECTION 8 Club Applicants:
EACH PERSON LISTED MUST SUHMTT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGMu RL rr CARD, AND S24 FEE FOR EACH CARD.
Name of Club:
(Exactly as it appears on Club Charter)
Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number:
List officer and directors:
Last First
Middle
(ATT
Date Chartered:
(.Attach a copy of Club Charter)
Rrcidence Arldrrcc
ADDMONAL SHEET IF NECESSARY)
9
_-_ --
SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store:
1. Current Licensee's Name:
(Exactly as it appears on license) Last
First Middle
2(;signee's Name: �. ��'
Last First Middle
3. License Type: Licensp.\Qumlr: - pri I 1 2' u Date of Last Renewal:
4. ATTACH TO THIS APPLICATIOi� A CERT E$�- OW OF THE WILL, PROBATE DISTAMU`7'IQ_fR INSTRUMENT, OR
DIVORCE DECREE THAT SPECIFIC I ISTRIBUTES I (DRI L71rE ISE TO THE ASSIGNEE TO THIS
APPLICATION. \- � n F p W "
SECTION 10 Government: (for cities, towns, or counties only)
1. Person to administer this license:
2. Assignee's Name:
Last First Middle
Last Fun Middle
A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR rc cFRVED
SECTION 11 Person to Person Transfer:
Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY).
1. Current Licensee's Name:
(Exactly as it appears on license)
2. Corporation/L.L.C. Name:
Last
First Middle Entity:
(Indio., Agent, etc.)
(Exactly as it appears on license)
3. •ent Business Name:
4. Current Business Address:
License Type:
(Exactly as it appears on license)
License Number:
6. Current Mailing Address (other than business):
Last Renewal Date:
Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO
Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee,
and current license to this application.
I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements
made in this section are true, correct and complete.
declare that I am the CURRENT LICENSEE of the stated license. I have read this
(Print full name)
application and the contents and all statements are true, correct and complete.
(Signature of CURRENT LICENSEE)
My commission expires on:
12
State of County of
The foregoing instrument was acknowledged before me this
day of
Day of Month Month Year
(Signature of NOTARY PUBLIC)
SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY)
-Iq
APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE.
AmwrTent Business Name and Address;
(Exactly as it appears on license)
2. New Business Name and Address:
(Do not use PO Box Number)
3. License Type:
4. What date do you plan to move?
License Number:
a
1 U lJ
J -);:-PT OF UOU07.
Last Renewal Date:
What date do you plan to open?
'SECTION 13 Questions for all in -state applicants: /-4 /h / I C <-Aek /
(1. pistance to nearest school: S.
(Regardless of distance)
2. Distance to nearest church: M I �
(Regardless of distance)
9 1`aV�rr1+iu �o
IG ooe C-: . P,+ u s *-vt 5 3/✓d
Name/Address of school: i� (l e, W q t q N {d q e 0T EP
FDunirttni il, Z. 7.52(,W
Name/Address of church: C-4 u x-t" 4
11 Yy3 bCSC-Aryi STA MW
F0u vTlHar Htc..c_5 4Z
,. the: A LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises)
4. If the premises is leased give lessors name and address: -De r I e- F k A
IoLO0S K). SA9UAR.0 'P,LV1j -A--p( ,F-0wNT0.)?j 4:LIBS.9AZ �SaL6$
4a. Monthly rental lease rate $ I S-0. 0 0 . What is the remaining length of the lease? cp— yrs. I'O mos.
4b. What is the penalty if the lease is not fulfilled? S �, CIO 0 or other
(give details - attach additional sheet if necessary)
�
5. What is the total' business indebtedness of the applicant for this license/location excluding lease? $ LID1 00
Does any one creditor represent more than 10% of that sum? I V�YES*NO Ifyes, list below
Lit First Middle % Owed Residence Address
Total must equal 100%.
City State Zip
ScacF
AQK Alr ALLE'V A /o
(ATTACH ADDITIONAL SHEET IF NECESSARY)
What type of business will this license be used for? (BE SPECIFIC) ROTA I L.
Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year?
(�❑ � YES .NO If yes, attach explanation.
�r any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES'%NO
Is the premises currently licensed with a liquor license? ❑ YES )�.NO If yes, give license number and licensee's name:
License #
(Exactly as it appears on license) Name
5
SECTION 14 Restaurant, or Hotel -Motel Applicants:
1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES,5(�O
and license #:
If yes, give licensee's name:
Fast C� P Z Middle
2. If the answer to Question I is m;0b may qualify for an Interim Permit to y6tirlc' lication is pending; consult
A.R.S. Section 4203.01;. omplete Sect* pV3t #'this application.
`� U q
3. All restaurant applicants music p14S Restaurant Operation Plan (FormLI �11�}p�rofl, y,the De�aitme? of�i.i 1.
4. Do you understand that 40% of your annual gross revenue must be from food sakes? ❑ YES ❑ NO
BF L (101Z
of Premises: (Blueprints not accepted, diagram must be on this form)
31Check ALL boxes that apply to your licensed premises:
VEntrances/Exits Liquor storage areas
❑ Drive-in windows Patio enclosures
❑ Service windows ❑ Under construction: estimated completion date
, _) Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities.
U The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored.
Give the square footage or outside dimensions of the licensed premises.
DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC.
6M aNee_/CXiT
t6
bu i 1 _w 01 Sq, F t � R,s e- c qq at-S I, 060 5y h-
'750 Sys FT Lj ouok— 57od aq d A2cC_
E NT /Cv NC.,-- /EX; r
YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES,
ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM.
1.1
SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON TIJE BACK OF TIES PAGE.
List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location.
A. )9PPA-1'eA1rr
1. =oU►. i1J �:1.11 f:XPRcss tDPutGNely—Sevcsq
3. 1f f A A C 4 l Q A
4. LA P1 ZZ�nv0 25 ? 3g
91
8.
9.,
10.
11.
t
12.
c
13.
14.
15
(ATTACH ADDITIONAL SHEET IF NECESSARY')
A = Your business name and identify_ cross streets.
•
SECTION 17 Signature Block:
I, / l x,-,4 , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this
(Print name of APPLICANT/AGENT listed in Section 4 Question 1)
application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not
being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or
corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the
owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years.
` State of Countyof c
The foregoing instrument was acknowledged befort me this
(Signature) /`
` voi ine s �T� OFFIc1AL SEAL a�V J
BARB
ynday of
NOTARY PU BU;ti't�AMo Month Year
My commission expires on:
of NOTARY PUBLIC)
7
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
r 800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 0 Tucson AZ 85701-1352
(602) 542-5141 QUESTIONNAIRE (520) 628-6595
`,antion all Local Governing Bodies: Soci3ifvecurity and Birthdate Information is Confidential. This information may be given to
local law enforcement agencies fqr t� purpose of background checks only but MGst be blocked to be unreadable prior to posting
or any public view.'
Read CarVfulty ns uneent is a s�wy p docutent. IWbr "r�Jb ii th( c i
An extensive
trim tigpj!o �n and t rodental ifle conduct��W o 1 � I Ce oattsw' t d result
{ �p ep _ Pe
pp \ �CD -Ui TO BE COMPLETED BY EACH' OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), M R; Q �j ALSO EACH PERSON
COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH'BE LfAf2
DEPT. FINGERPRINTING
MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR.
THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE.%
There is a $24.00 processing fee for each fingerprint card submitted Liquor License #
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) n '` 1 L� f f� �e location is currently licensed)
I r v '7 I
1. Check
appropriate
box—♦
❑Partner Stockholder ❑Member [9Ofricer C& Agent ❑ Manager(Only)
R=er
er (Complete Questions 1-20 & 24) Complete uestions extent # 14, 14a & 25)
Licensee or Agent must complete fi 25 for a Manager LirPncpa nr Acant —n * nn.n.,loto B 7c
2. Name: _ F E L L E�[ f(� �_ 1 N a Date of Birth:
Last First Middle (This Will Not Become a Part WbUic Records)
D Social Security Number Drivers License #i:1 D Q � O 2- 77'0 State: fi rl I Z 0 ff
(This VPtll Not Become a Part of Public Records)
0 Place of Birth: MI)Trp- SA NTCt.W p ; R .TrtP Ly Height: 5131l Weight: MY Eyes: �, Hair: 9)12,
City State COUntrV (not county)
5. Marital Status ❑ Single Z Married ❑ Divorced ❑ Widowed Residence r(Home) Phone: (H �'C))
Fame C of Current or Most Recent Spouse: i j NIA Q S 0_ Q V N;� N T Date of Birth:
.11 for last 5 vears - Use additional sheet if necessary) Last First Middle Maiden
7. You are a bona fide resident of what state? %} R j Z D Ni P If Arizona, date of residency:
Telephone number to contact you during business hours for any questions regarwng ulis document. (Ltyo) 8 1 G - � 0 q
9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card.
10. Name of Licensed Premises: o L!2 (..0 'S F4NI TtA Ey I K E Premises Phone: ('' vn o ► _ v r��L
(,MMziCOF4) 2/6 - to 87
11 Licensed Premises Address: 0 O S K • S U a R Q W b Feu MTa; ry IULS U
Street Address (Do not use City County Zip
12 ist your employment or type of business during the pas ve (5) years, if employed part of the time list those dates List most recent 1st
FROM
TO
DESCRIBE POSITION
EMPLOYER'S NAME OR NAME OF BUSINESS
Month/Year
Month/Year
OR BUSINESS
(Gives t address, city, state & zip)
/(o b'S3 /9/-IS. ,0e
CURRENT
o
✓-r
fZoX17D eS,C Cl ex_ K
o On fo/c r ri(/11/ . l �L4 S h'L
Two,QE gi'SS_Jt�L 5y 1/0 A CEAJTXqA_,¢YC.
De
U.S. 7_ ,4-:' ✓U rij A/ e
;g-.S2s9
Ys 629
0
e C{ S S c e A-71 7AC#C ACH ADDITIONAL SHEEP IF NECESSARY FOR EITHER SECTION Q S 7- E . .2oe
13. Indicate your residence address for the last five (5) vears:
FROM
MonthNear
TO
Month/Year
Rent or
Own
RESIDENCE Street Address
If rented, attach additional sheet giving name, address and phone number of landlord
City
State
Zip
py
CURRENT
p
o/ ,C i v
A-Z
ff524
�;_n.
�q
o SA Ko io
C
Iq Z I
Fsa6
4L5-
TAITMTr—
Disabled individuals requiring special accomm Lions please
If you checked the Manager box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating btfYES NO
the licensed premises? If you answered YES, how many hrs/day?�L—, answer 1114a below. If NO, skip to #15.
14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES RIN'O
If the answer to 1l 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES Z O
ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only
those that were alcohol and/or drug related
16. Have you EVER been convicted, flfined, posted bond, been ordered to deposit bail imprisoned had sentence ❑ YES M40
suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition
even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related /
17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES O NO
summonses PENDING against you or ANY entity in which you are now involved? -�
18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES E ?PTO
had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or _
coed in this or any other state? /'
19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which ❑YES l�J NO
involved NWIation of a business professional or Uauor license?
20. Are you NOW or have you EVER held m;mcrship, been a controllinc person , been an officer, member, direc
or manager on any otherA ' uor license in this or any other state? ❑ YES NO
If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.
Please be sure to include dates, agencies involved and dispositions
If you checked the Manager box on the front of this form, fill in 1121-23 and 24, all others ship the following box (21-23) and go to 1/ 24
21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO
If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license.
22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $
23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business?
❑ YES ❑ NO If "yes", attach a copy of such agreement
24. I, 4 I 'AIA t3,eZ �f/V / � hereby declare that I am the APPLICANT filing this questionnaire.
(Print full name of Applicant)
I have read this questionnaire and the contents and all statements are true, correct and complete.
(Signature of Applicant)
My commission expires on: l Y `a� 0
Day of Month Mon Year
`~---=�i n County ` � `6(<^-
OFFICIAL S
RARgq� oreg
of
g instrument was acknowledged before me this
NOTARY PUBLIC
MARICOPA COUNTY
My Comm.
day of
Expires May
th Month Year
(Signature of NOTARY PUBLIC)
FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION
Licensee or Agent Approval of Manager
25. I, Print Licensee/Agent's Name)•
Last Middle First
Hereby authorize the applicant to act as manager for the named liquor license.
►91
(Signature of LICENSEE/AGENT)
My commission expires on:
Day of Month Month
Year
State of County of
The foregoing instrument was acknowledged before me this
day of
Day of Month Month
(Signature of NOTARY PUBLIC)
Year
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007 2934 Tucson AZ 85701-1352
(602) 542-5141 QUESTIONNAIRE (520) 628-6595
ition all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to
aw law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting
or any public view. 'I
Read cafefu)1vV {� rnt�a dos ment. T e or rmt w th black ink. I - 1/_
An extensiye inye$tigatioh�o u a"Ck ground ill a concJ�ucted. F Igo or co t��ete answers, could result -
m crimtn prosecuutton and the enia or subsequent revocation o a license or permit...,
TO BE COMPLETED BY EACH OWNER, AGENT, jA1fZJT1UCSW% OR MORE), MEMBER, OFFICER OR MANAGER. ^.NAGER. ALS01L-ACH T�Ratyv'�
COMPLETING THIS FORM MUST SUBMIT AN " �E FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING
MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR.
THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. I� 1
There is a $24.00 Processing fee for each fingerprint card submitted Liquor License # •J
00
A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
Check
Member
appropriate ❑ Other (Complete Questions 1-20 & 24)
box-11110. I Licensee or Agent must complete # 25 fora Manager
1 0L.l(jt)tlg, Tac"rrently licensed)
V J L,Manager(Only)
All Questions e_rcent # 14, 14a & 25)
2. Name: L It L1_1 I GE7 Date of Birth:
Last First / Middle (Theis Will Not Become a Part of Public Records)
3 . Social Security Number Drivers License #: L �DU�Yy�%V 77� State:
(This oW.,,c.rds)�� � // / �y
4. Place of Birth: t�fh»<iQ emIn Aeisex �IArQ/17U UHeight: 7 Weight: �/� Eye Hair:
City State Country (not county) / /.,
5. Marital Status ❑ Single tR"Married ❑ Divorced ❑`` Widowed
� Residence (Home) Phone: .3( �J�) 03 �� - �p�0/ 7
6. Name of Current or Most Recent Spouse: L_ IqZ-L-/ / -/%�R �/JZ`7L A (////M�NDate of Birth:
(I for last 5 years - Use additional sheet if necessary) )/{.Last First Middle Maiden
7. You are a bona fide resident of what state? / y1- If Arizona, date of residency:
8 Telephone number to contact you during business hours for any questions regarding this document. (2Q
9. If you have been a resident less than three (3) months, submit a copy
-�of driver's license or voter registration card.
10. Name of Licensed Premises: c�ORf/,,/��/� 15 %'/7O/71 /i/�y�� �� Premises Phone: 1OO
11. Licensed Premises Address:_ �o��0Jr9V. �J q Ctkgk(D A116Y0�1 Tf /D/ F06117AI4 Ilfllj X.Z
Street Address (Do not use PO Box #) City County *7A0Q/WP/9 Zip
12. List your employment or type of business durine the east five (5) vears_ if unemnlnved na,t of the time list thncP AatPc
FROM
Month/Year
TO
Month/Year
DESCRIBE POSITION
OR BUSINESS
EMPLOYER'S NAME OR NAME OF BUSINESSu`
(Give street address, city, state & zip)
CURRENT
ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q
Indicate your residence address for the last five 5 ears:
FROM
Month/Year
TO
Month/Year
Rent or
Own
RESIDENCE Street Address
If rented attach additional sheet giving name address and phone number of landlord
Citv
State
Zi
CURRENT
Wlj
3 4V(f,
bw
..- rCq U.....g Jt/lllAl All V111111VUAlIV11.1 1)ICKNC Call tUU-)
'O/
If you checked the Manager box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES 0
the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to # 15.
14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES [:]NO
If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or
ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only
those that were alcohol and/or drue related
16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail imprisoned had sentencesuspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition
even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related
17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or
summonses PENDING against you or ANY entity in which you are now involved?
18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER
had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or
fined in this or any, they state?
t�
19. Has anyone EVER filed suitor obtained a judgment against you in a civil action, the subject of which involved
fraud or misrepresentation of a business professional or liquor license?
20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director,
or manager on anv other li uor license in this or any other state?
DYES IZ I<O
DYES <'O
DYES MVO
DYES DNO
DYES [;,d'NO
DYES i <0
If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete -
details -Please be sure to inclu erg lr ates, agencies involved and ispostttons
the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24
21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO
If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license.
22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $
23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business?
❑ YES ❑ NO If "yes", attach a copy of such agreement
24. ,I, AV j /� y Z-/- / ' , hereby declare that I am the APPLICANT filing this questionnaire.
(Print fll name of Applicant)
I have read this questionnaire and the contents and all statements are true, correct and complete.
X
My commission expires on
of Applicant)
lay of Month Month Year
State of L County of a
e foregoing in ftment was acknowledged befoVe me this
day of
of Month
ARY
,�
Year
FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION
Licensee or Agent Approval of Manager
25. I, TEiq Licensee/Agent's Name):
Last Middle First
Hereby authorize the applicant to act as manager for the named liquor license.
State of County of
The foregoing instrument was acknowledged before me this
X
(Signature of LICENSEE/AGENT)
My commission expires on:
Day of Month Month Year
day of
Day of Month Month Year
(Signature of NOTARY PUBLIC)
Lina Bellenir Employment (Date 4-10-2003)
06-01 to current
06-01 to current on call
03/99 to 10/01
1 /96 to 1 /97
2/97 to 3/98
1 0 �'-I'S5rL--
Receptionist Admin Assist Fantasia Interiors
16853 E. Palisades
Suite #101 200) A�R I b
Fountain Hills, AZ 8526 P SD
Front Desk Clerk Comfort Inn LIO. DEPT TUCSON
17105 Shea Blvd.
Fountain Hills, AZ 85268
Paralegal U.S.Dept of Justice
U.S. Attorney Office
Two Renaissance Square
40 North Central Ave
Suite 12004
Phoenix, AZ 85007
Admin Support America West Airlines
400 East Sky Harbor Blvd
Phoenix, AZ 85034
Admin Support
�t�Rlme►� �DDKcSS
3 b l tf E Bt/•A f C100.0 re �e
/�o e All 2 . 6'soyy
Kerry's Referrals
645 East Missouri
Phoenix, Arizona 85012
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I Go-7 455&
2117
IN
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ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington Sth Flnor 400 W Congress #150
Phoenix AZ 85007-2934 6 Tucson AZ 85701-1352
(602)542-5141
QUESTIONNAIRE (520) 62M595
UVIS d11 L-vr:ai uoveming tjoclies: Social Security and Birthdate Information is Confidential. This information may be given to
law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting
or any public view.
Read cal-efupy his iWe'?�*rnn doe mentt. �'�,� or riot w7tll black inJt_An extensive inye$tt ttoh�oTyqur Nn F�I�� or co lete lack rs ink-duki HestIV
m cnmm prosec honbe�q�nt revocation o�a license or permit.
DOMPLETING THIS FORM MUST BE COMPLETED BY EACH OWNER, AGENT, PARTNMIT AN "APPLIC�Ei�R, STOCKHOLDEERR�(10% OR MDORE)_ MEMBER, OFFICER Q ANAGER. ALSO EACH PERSON
UST BE DONE BY A BONA FIDE LAW EN ORCEMEN A�i�' l FINLiERP)iTNI' SECH RVICE APPROVED BY BE OBTAn �� DE A�R' LiQU R G
-1E DEPARTMENT DOES NOT PROVIDE THIS SERVICE.
here is a S24.00 processing fee for each fingerprint card submitted.�,�
A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852)
Check
appropriate
box—,
L1 uor License it
D4 ) q,%- �/� 1f the location is currently licensed)
Dwner_�artner []Stockholder ❑Member Wofficer ❑ Age "'jjj k'
Other Complete (Com
p Questions 1-20 & 24)
I V ❑ Manager(Only)
All Questions except # 14, 14a & 25)
Name: (/4 /VIVA !CS/� Vl//`f
Last Date of Birth
First Middle MW
(This Will Not Become a Part of Pub1 Rm.
Social Security Number: Drivers License #:� Q Q () ?.,'� l Ste:2.
(This Wi o ome a a o u lic Records)
Place of Birth: /—T Height:- ' 0 Weight: Eyes: Hair Q Qy
City State COun (not county) r^ o / i, Marital Status El Single [� Married ❑Divorced ❑Widowed Residence (Home) Phone: �b vDyl
Name of Current or Most Recent Spouse: ELL Ey/ e L / �n V f �� E� L Q Date of Bi
is, `or last 5 years -Use additional sheet if necessary) last First Middle CA4aiden
are a bona fide resident of what Mate? _ it / Z Q/yA If Arizona, date of residency:
Telephone number to contact you during business hours for any questions regarding this document.
If you have been a resident less than threel(3) months, submit a copy of driver's license or voter registration card.�p
Name of Licensed Premises:If-
/ Al.( !/ //1 Premises Phone: ( ) �P _ �d� 7
Licensed Premises Address: LWO,5 AN �t9uzbez) S/Vpo� `QL IZ�//�77 ��/1F 1'�2 peril /
Street Address (Do noun
t use PO Box p) city Coty f7� 7,9R9 Zip [1vOGl�
o
I'Vist your emplovment or t of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st.
FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS
Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip)
8 t CURRENT �TI'i� E� � �N%� ��,%� , . 0�11�'_ l.D fit• fit/ _
Pl;r CAA)
,4L.0700 DA/c uvoov �c v
VOW
ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q
Indicate our residence address for the last five 5 ears:
FROM TO Rent or RESIDENCE Street Address
Month/Year Month/Year Own 1f rented, attach additional sheet givingname• address and hone number of landlord
_ D CiN State Zi
CURRENT
L J kv
ng
If you checked the Mana er box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you bephysically present and operating YES 0
the licensed premises? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to # 15.
14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ❑NO
If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
.5. Have you EVER been detrained cited arrested indicted or summoned into court for violation of ANY law or ��'
ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only DYES �VU
those that were alcohol and/or drug related
6. Have you EVER been convicted, fined, posted bond been ordered to deposit bail imprisoned had sentence �/
suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition DYES I�NO
even If dismissed or expunged)? For trafirrc violations include only those that were alcohol and/or drug related
7. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or
summonses PENDING against you or ANY entity in which you are now involved? DYES 0,40
8. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER f had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or OYES GR1O
coed �an9. Has anrobtained a ud inept a ainst ou in a civil action, the subj g of which involved —
fraud or misrepresentation of a business professional or liquor licenses �'�1 DYES U&
0. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director,
or manager on any other lguor license in this or any other state? ❑YES UN"O
If any answer to'uestions lS through 20 is "YES" YOU MUST attach a signed statement giving complete
etails.Please be sure to inclu�ates. aQPn :s��
Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24
NAvt. VnIT att-nd d a rlArl—i. .,* on.+m,rur7 ► ;nnn- i o„ T,-.,in:.,j r`....r..,.—49.:.. _t._ 1 rS,•
(Must prove pr000
YES FINO
If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APP OVALton anexisting ❑ license.
Do you make payments to the licensee? ❑ YES (] NO If `yes", how much? S per month. Total debt to licensee S
Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business?
❑ YES ❑ NO If "Yes", attach a cony of snch nurrrm,.nt
4. I' "I C �� A"c'ay (Pent full name of Applicant) A , hereby declare that I am the APPLICANT fig lin this questionnaire.
I have read this questionnaire and the contents and all statements are true, correct and complete.
K State of
Ae/2p,tJ�f County of O ✓ _
The foregoing instrument was acknowledged before me this
oQ cee s>,r SANDRA MICHAEL�da of
Notar
A Y Public Af1ZOn(] Day orMwah Mash
Mohave County Y�r
ly commission exp �� Co ,
f fora .
0ntiept0vtob*r 6' 200* (Signaoue ofdOTARY PUBLIC)
FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION
Licensee or Agent Approval or Manager
25. I, Print Licensee/Agent's Name):
Last
Hereby authorize the applicant to act as manager for the named liquor license. Middle First
State of C
X
(Signature of LICENSEE/AGENT)
4v commission expires on:
ounty of
The foregoing instrument was acknowledged before me this
day of
Day or M-th Momah
Ynr
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 6 Tucson AZ 85701-1352
(602) 542-5141 QUESTIONNAIRE (520) 628-6595
,uon all Local Uoverning Bodies: Social Security and Birthdate Information is Confidential. This information may be given to
twowlaw enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting
AW r any public view.
An extensivRee d f o %is ngt m�ent is a s Qrn doc ment T e or rint w th black in3 2 ;� 3 9
in Grimm prosecdt ofi an±dc tfie �enta� subsequentrevoa�ion oa �ic�nste or permit oul(i result
TO BE COMPLETED BY EACH OWNE)]t, E]ii1F) IN ,�'STa HOLDER (10% OR MORE) MEMBER, OFFICER OR MAN���RSON
COMPLETING THIS FORM MUST SUB APPLICANT" TYPE FINGERPRINT CARD WHICH MAYBE OBTAINED AT •f E TING
MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR.
THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE.
There is_a $24.00 processine fee for each fingerprint card submitted. Liquor License
OD
A service fee of Sx fill —m tiA oh A r- _u ,,:-`--_- fN -
1. Check
Date of Birt .
Last First Middle (This Will —Not Become a Part of Public Records)
3 . Social Security Number: Drivers License #: 4- '�60,5�ur '79.ayf7yj State: /
(This Will Not Become a Part of Public Records) r \
4. Place of Birth: ep��� �%�%� Height:J2/Weight: /79/ Eyes: Hairy
City State Country (not county)
5. Marital Status ❑ Single [X Married ❑ Divorced ❑ Widowed Residence (Home) Phone: zz
L-
6. Name of Current or Most Recent Spouse: ,qLL�� Ire -% G e- 417mep 7 Date of Birth:
(Li for last 5 years - Use additional sheet if necessary) Last First Middle aiden
7. You are a bona fide resident of what state?
/�-� If Arizona, date of residency:
-- •• ••• -- �•• • 6... a„ umwuvcu cnCCAs tA.K.J. 44.02SJ11 f' D "T T r -30the location is currently licensed)
Owner_IRPartner ❑Stockholder ❑Member SC fficer ❑ Agent ❑ Manager(Only)
appropriate El Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25)
box—, Licensee or Agent must com lete # 5foraMana2er Licensee or Agent must complete # 25
J . . A
2. Name: [-4Z-L
8 Telephone number to contact you during business hours for any questions regarding this document. L-iQ � %� - S
9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card.
oSORC/%`� o p -
10. Name of Licensed Premises: /77 �� �%j Premises Phone:
11. Licensed Premises Address: /c240,5 A/1 ! �Lr fb2a ,v^Q� �Q� 11�J6,7%'j
Street Address (Do not use PO Box #) City County Zip u
12. List your employment or type of business during the Host five (S) vearc if imrmnlny-A —t nf.�,e ..*-- ,:....L - ReICT A
FROM
Month/Year
TO
Month/Year
- - - ---
DESCRIBE POSITION
OR BUSINESS
- ���� u " ".I—) 11�L ulwc udMs. ,Jest most recent ist.
EMPLOYER'S NAME OR NAME OF BUSINESS
(Give street address, city, state & zip)
o �o
CURRENT
t�� eeo .r 7rC,4�kwna
° �rf ISlo/ .4
ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q
Indicate your residence address fnr the tart rup P" ., .—
FROM
Month/Year
3
TO
Month/Year
CURRENTX9168
Rent or
Own
RESIDENCE Street Address
If rented attach additional sheet giving name, address and phone number of landlord
Avk Avenlwe—
�CltvState
Zi
Disabled individuals reoulrme sneciHi acrmmmmati— n ;fl... ,o
61
If you checked the Manager box on the front of this form skip to # 15
14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES ,'C the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to # 15.
14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NC
If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license.
15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or
ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only DYES i
those that were alcohol and/or drug related
16. Have you EVER been convicted, frned, Posted bond been ordered to deposit bail imprisoned had Sentence DYES DN/O
suspended, placed on Probation or parole for violation of ANY law or ordinance (regardless of the disposition
even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or drug related
17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ^_�
summonses PENDING against you or ANY entity in which you are now involved? DYES 0O
18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER
had a business, professional or liquor APPLICATION OR LICENSE rejected denied, ❑YES Q410,
med in this or any other state revoked, suspended or
19. Has do T ^^��
r obtained a iudement against you in a civil action, the subject of which involved DYES UNO
fraud or mrsrepresentahon of a business professional or liquor license?
20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director,
or manager on anv other lj uor license in this or any other state? DYES L
If any answer to Questions 15 through 20 is "YES" YOU MUST attach a si ned statement giving complete
details.Please be sure to in, ec ates, aPencies involved and r isposittons
Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24
Manager Section
21. Have you attended a Department approved Liquor Law Traini— won ;t,,;
If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license.
22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $
23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business?
❑ YES ❑ NO If "yes", attach a copy of such agreement
24. I, fik� /ham->�� L��ld , hereby declare that I am the APPLICANT filing this questionnaire.
(Print full name of Applicant)
I have read this questionnaire and the contents and all statements are true, correct and complete.
X Zz4�1, �A / State of 0 ,n County of Q
The foregoing ins ment was acknowledged befo a me this
(Si�.ofApphcan
aftEMSCQ14 � dayof J03
Day of Morph '
Month yam,
My commission expires on: (0�i1��
Day of Month Month Year
FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPI
Licensee or Agent Approval of Manager
25. I, Print Licensee/Agent's Name):
/\CY1
A MANAGER APPLICATION
Last Middle First
Hereby authorize the applicant to act as manager for the named liquor license.
State of County of
v The foregoing instrument was acknowledged before me this
(Signature of LICENSEE/AGENT) Day of month day of Month
Ymr
'1y commission expires on:
Day of Month Month Ycar
(Signature of NOTARY PUBLIC)
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
400 W Conare�#l0
800 W Washington Sth Floor Tucson AZ 85701-1352
Phoenix AZ 85007-2934 (520) 628-6595
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: 5/9/03 Date of Posting Removal: 5/29/03
Applicant
Name' Middle
Last First
Business
12005 N Saguaro Blvd. Ste. 101 Fountain Hills
Address: city zipStreet
License #: 10074552
I hereby certify that pursuant to A.R.S. 9 4-201, I posted notice in a conspicuous place on the premises
proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days.
Bevelyn J. Bender
Print Name of City/County Official
Town Clerk
Title
480-837-5115
Telephone #
June 5, 2003
Date Signed
Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other
related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
Individuals requiring special accommodations please call (602) 542-9051
LkO119 03/1999
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
800 W Washington 5th Floor 400 W Congress #150
Phoenix AZ 85007-2934 Tucson AZ 85701-1352
(602) 542-5141 (520) 628-6595
LOCAL GOVERNING BODY RECOMMENDATION
(UT'/TOWN OF Fountain Hills
STATE APPLICATION NO. 10074552
COUNTY OF MHlmpa , ARIZONA. CITY/TOWN/GMUTY NO. 110
At a Regular meeting of the `town Council of the QO/Town/CmRi &
(Regular or a� (Governing Body)
Fountain Hills held on the 5th day of June 12003 the
(Day of Month) (Month) (Year)
application of.
Lina Bellenir
for a license to sell spirituous liquors at
the premises described in Application No. 10074552 License Class # i n was
considered as provided by Title 4, A.R.S. as amended.
IT IS THEREFORE ORDERED that the APPLICATION of Lina Bellenir
is hereby recommended for
(approval/d(l pyal)
a license to sell spirituous liquors of the class, and in the manner designated in the Application.
IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the
Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona.
UT Y/TOWN/MMTY CLERK
DATED AT Fountain Hills, AZ
'his 5th day of Tune ?nM
(Day of month) (Month) (Year)
* Disabled individuals requiring special accommodations please call the Department
lic 1007 0811997
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Art Candelana
Requesting Action:®
Tvne of Document Needinp, Approval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check Appropriate' Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of RESOLUTION 2003-19 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot
33, Block 3, Plat 401B (9814 N. Littler) as recorded in Book 155 of Maps, Page 12 Records of Maricopa County,
Arizona - EA2003-04 Gary Martinson
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information:' Mr. Martinson submitted a request for a 10' public utility and
drainage easement abandonment on April 9, 2003.
List All Attachments as Follows: Staff Memo, Resolution, and Exhibit
Type(s) of Presentation: Consent Agenda
Sip,natures of Submitting Staff:
dw�-11
Dep tment Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: April 23, 2003
FR: Art Candelaria, Civil Engineer RE: Easement Abandonment 2003-04
Randy HarreyowEngineer 9814 N. Littler Drive
Reviewed: T
Director of Public Works Plat 401B, Block 3, Lot 33
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
and drainage easements located at the westerly property line of Lot 33, Block 3, Plat 401B, (9814
N. Littler Drive) as shown in Exhibit "A". The property owners of Lot 33 desire the assurance that
any future improvements made to the lot will not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 33 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2003-19.
Enc: Resolution
Exhibit
C: Gary Martinson
Diana Cogar
Henry Sherrill
Lou Lombari
File: EA2001-03 (Inactive)
\\earth\BBrannon\Abandonment Letters and Resolutions\EA2003-04 - 40IB-3-33.doc
r
Em
RESOLUTION 2003-19
A RESOLUTION OF THE MAYOR AND 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 WESTERLY LOT LINE OF LOT 33, BLOCK 3, OF PLAT 401B,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS,
PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council")
as the governing body of real property located in the Town of Fountain Hills (the Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10') foot public utility and drainage
easements, generally located along the westerly property lot line of Plat 401B, Block 3, Lot 33,
Fountain Hills, as recorded in book 155 of maps, page 12 records of Maricopa County and more
particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby
declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owner of Lot 33 is required to pass the developed flows generated by
the upstream lots across their property.
SF.C'TTON 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-19 PUE aband.res
5-29-03
I
vq
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 5, 2003.
FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO:
W.J. Nicho , Mayor Bevelyn J. B d , Town Clerk
REVIEWED BY, --
Tim G. Pickering, Town Manager
9196.001\Resolutions\2003-19 PUE aband.res
5-29-03
K
APPROVED AS TO FORM:
0"., � - Am 0, z
Andr w J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401 B BLOCK 3 LOT 33
LOT 7
l ' �
PLAT 403—B
BLOCK 3 / / LOT 34
LOT 8
/e
/
/ ABANDON 10'
/ P.U.E & D.E.
/ PLAT 401—B p�
BLOCK 3 .o�,dj
LOT 33 ryh. N,
i / x
AN
^�� /
i
LOT 32 '
Jl 25 00, /
LOT 38
W E� l
SCA�E: 1 "=40'
DAT�: 4-25-03
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Art Candelaria
Requesting Action:®
Tvne of Document Needing Approval: (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check AppropriateAreas)s
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of RESOLUTION 2003-21 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the southerly property line of Lot
5, Block 4, Plat 604B (15415 E. Palomino) and at the northerly property line of Lot 8, Block 2, Plat 605D (15410
E. Mustang) as recorded in Book 196 of Maps, Page 27 and Book 164 of Maps, Page 15 respectively, Records of
Maricopa County, Arizona - EA2003-03 - Richard & Kimberly Osgood.
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: Mr. & Mrs. Osgood submitted a request for a 10' public utility
and drainage easement abandonment on April 14, 2003.
List All Attachments as Follows: Staff Memo, Resolution, and Exhibit
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
De artment ea
2G-03
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
M
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: April 15, 2003
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 2003-03
Randy Harrel, Town Engineer
604B-4-5 - 15415 E. Palomino Blvd.
Reviewed: Tom WVLArector of Public Works
60513-2-8 - 15410 E. Mustang Drive
iiry
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 southerly property line of Lot 5, Block 4, Plat 604B, (15415
E. Palomino Blvd) and at the northerly property line of Lot 8, Block 2, Plat 605D (15410 E.
Mustang Drive) as shown in Exhibit "A". The property owners (who own both lots) desires the
assurance that any future improvements made to these lots will not be infringed upon by the
construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lots 5 and 8 are required to pass the developed flows
generated by the upstream lots across their property.
Staff recommends approval of Resolution 2003-21.
Iwo
Enc: Resolution
Exhibit
C: Richard A. & Kimberly A. Osgood
Edward & Jemmie Chauza
John E. Riego
Frank Helton
Raymond Rahn
ACandelaria/BBrannon EA2003-03 - 604B-4-5 and 605D-2-8.doc
RESOLUTION 2003-21
A RESOLUTION OF THE MAYOR AND 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 SOUTHERLY LOT LINE OF LOT 5, BLOCK 4, OF PLAT 604B AND
ALONG THE NORTHERLY LOT LINE OF LOT 8, BLOCK 2, OF PLAT
605D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 196 OF
MAPS, PAGE 27 AND BOOK 164 OF MAPS, PAGE 15 RESPECTIVELY,
RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SF.C:TTON 1. That a portion of the certain ten (10) foot public utility and drainage
easements, generally located along the southerly property lot line of Plat 604B, Block 4, Lot 5,
Fountain Hills, as recorded in book 196 of maps, page 27 records of Maricopa County and along
the northerly lot line of Plat 605D, Block 2, Lot 8, Fountain Hills, as recorded in book 164 of maps,
page 15 records of Maricopa County and more particularly described in Exhibit A, attached hereto
and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain
lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lots 5
and 8 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 there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
e
PASSED AND ADOPT
June 5, 2003.
FOR
W.J. Nic,Ws,
BY the Mayor and Council of the Town of Fountain Hills,
AIN HILLS: ATTESTED TO:
-'�z /50',
z2m
Bevelyn J. B de , Town Clerk
REVIEWED BY: —
Tim G. Pickering" -"Town Manager
APPROVED AS TO FORM:
c
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 604B BLOCK 4 LOT 5 & PLAT 605D BLOCK 2 LOT 8
PAL MM No
Lip__
-� A=01 *20'19*
3 'N78'30'00.. R=642.00'
--w L=15.00'
o 69 , =
i
138
0I I
LOT 7 I I
� I I
I I
I
i I
I I
S _E
SCALE: `1 - Q'
DATE: 4- 5-03
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Art Candelaria
Requesting Action:®
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording Consideration of RESOLUTION 2003-22 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the northerly property line of Lot
6, Block 1, Plat 506B (15012 Windyhill Road) as recorded in Book 159 of Maps, Page 3 Records of Maricopa
County, Arizona - EA2003-05 Jim & Kathy Sandow
Staff Recommendation: Approve Fiscal Impact: No V0
Purpose of Item and Background Information: Mr. & Mrs. Sandow submitted a request for a 10' public utility
and drainage easement abandonment on April 23, 2003.
List All Attachments as Follows: Staff Memo, Resolution, and Exhibit
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
D artment Hea
3 3
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: April 25, 2003
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 2003-05
Randy Harrel, Town Engineer
15012 Windyhill Road
Reviewed: ard, Director of Public Works
Plat 506B, Block 1, Lot 6
i
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 6, Block 1, Plat 506B, (15012
E. Windyhill Road) as shown in Exhibit "A". The property owners of Lot 6 desire the assurance
that any future improvements made to the lot will not be infringed upon by the construction of
utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 6 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2003-22.
Enc: Resolution
Exhibit
C: Ken Kreuter/Sundance Builders
Jim & Cathy Sandow/Owners
Stephen & Linda Bucaro
Anthony & Ellen Loscavio
\\earth\BBrannon\Abandonment Letters and Resolutions\EA2003-05 - 50613-1-6.doc
RESOLUTION 2003-22
A RESOLUTION OF THE MAYOR AND 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 6, BLOCK 1, OF PLAT 506B,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS,
PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage
easements, located along the northerly property lot line, except for the westerly 10 feet thereof; of
Plat 506B, Block 1, Lot 6, Fountain Hills, as recorded in book 159 of maps, page 3 records of
Maricopa County and more particularly described in Exhibit A, attached hereto and incorporated
herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this
subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 6 is required to pass
the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-22 PUE aband.res
5-29-03
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
3:
REVIEWED,DY:
Tim G. Pickering, Town Manager
9196.001\Resolutions\2003-22 PUE aband.res
5-29-03
2
ATTESTED TO:
IONA W ME III VMRMA4
APPROVED AS TO FORM:
Andrew J. cGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506-B BLOCK 1 LOT 6
MCDOWELL MOUNTAIN PARK
N 89*40'12* E
_ , , _ pi /��
I
I ABANDON 10'
I P.U.E & D.E.
I ;tom PLAT 506-B 4
LOT % I o I BLOCK 1 ,o
LOT 6
I S 72ro5'00" E
15.00'
- i p' 10' R-4251 �00"
J I �8j 00,
LOT 13
N
w Alh E
14r
SCALE: 1 "=40'
DATE: 5-5-03
WINDY
HALL ROAD
I
0
LOT 14 /c(l�
LOT 5
-� OT 15
16545
RAINL Y L.
HS,CtKL
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type:. Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Art Candelaria
Requesting Action:®
Tvne of Document Needinp- Approval (Check all that appl
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ SpeciaUTemp Use Permit
❑ Other:
Council Priority (Check Appropriate Areas' )t
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of RESOLUTION 2003-24 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the easterly property line of Lot
17, Block 3, Plat 505C (16411 N. Skyridge Lane) as recorded in Book 158 of Maps, Page 42 Records of
Maricopa County, Arizona, with stipulation - EA2003-06 - DiSalvo/Thornton
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: The applicant submitted this application for abandonment on
April 28, 2003 for the purpose of building a retaining wall and pool.
List All Attachments as Follows: Staff Memo, Resolution, and Exhibit
Type(s) of Presentation: Consent Agenda
Sip,natures of Submitting Staff:
De tment Head
Ix
Tow k nager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: April 29, 2003
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 2003-06
Randy Harrel, Town Engineer
16411 N. Skyridge Lane
Reviewed: Tom r irector of Public Works
Plat 505C, Block 3, Lot 17
IV -
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 easterly property line of Lot 17, Block 3, Plat 505C, (16411
N. Skyridge Lane) as shown in Exhibit "A". The property owners of Lot 3 desire the assurance
that any future improvements made to the lot will not be infringed upon by the construction of
utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
of the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. About 2.4 acres of land originally drained to the
northeast corner of this lot, prior to the construction of its rear yard perimeter fence built in 1990
and prior to construction of the upstream houses. (Note: The Fountain Hills Sanitary District's
1989 easement encroachment approval for the rear fence did not have authority for nor did it
authorize, blocking the drainage flow.) An adequate drainage route needs to be provided. (Staff
questions whether the 1-1/2' fence opening just beyond the northeast lot corner is adequate.)
It is the professional opinion of the Engineering Department that there is no need for the Town to
retain most of the drainage easement proposed to be abandoned (except for the northerly 40' if
necessary), with the understanding that certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owners of Lot 3 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2003-24 subject to the following stipulation:
• Provide adequate drainage flow through the existing fence (based on a drainage study)
prior to recordation of this abandonment. (From that staff will determine whether the
northerly 40' of the rear lot drainage easement can reasonably be included in this
abandonment, prior to recordation.)
Enc: Resolution
Exhibit
C: Pamela DiSalvo & Trevor Thornton
Marc & Chantal Sahr
Ben & Jennifer Richards
\\earth\BBrannon\Abandonment Letters and Resolutions\EA2003-06 - 505C-3-17.doc
RESOLUTION 2003-24
A RESOLUTION OF THE MAYOR AND 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 EASTERLY LOT LINE OF LOT 17, BLOCK 3, OF PLAT 505C,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS,
PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage
easements, generally located along the easterly property lot line of Plat 505C, Block 3, Lot 17,
Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County and as more
particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby
declared to be abandoned (except for the northerly 40' if necessary) by the Town. Certain lots
within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 17 is
required to pass the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-24 PUE aband.res
5-29-03
I
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain
Hills, June 5, 2003.
FOR THE TOWN OF FOUNTAIN HILLS:
LVAM 0 01
REVIEWED BY: „_-----
1 "Z z
Tim G. Pickering, Town Manager
9196.001\Resolutions\2003-24 PUE aband.res
5-29-03
2
ATTESTED TO:
P111 001 . MAN J! 1 0.1 � IN. 14, -. VIAN AN,
. .r • , /Town Clerk
APPROVED AS TO FORM:
01 RAA�
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505—C BLOCK 3 LOT 17
` LOT 18 \\ \\ LOT 12
LOT 26 \ ` PREVIOUS PUE & DE \\ \\
5' PUE RREVIOU� RETAI J D, ABANDONMENT \ \
DE ABA ONED , (MCR 95-0427909) \
(MCR 95042790) _ — —
�,806957' E s ��
r N 117•Ix
/�/
I r
ABANDON 10' PUE—
RETAIN 40' OF 10'
z , i WIDE DE (IF NECCESSARY)
J IMOn
I 1 o to
W I iMMn
0
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� IacrJ
LOT 2725.000
Y
Row I
W ,
' 25.00,
Row
PLAT 505—C
BLOCK 3
LOT 17
ABANDON 10'—
P.U.E & D.E.
LOT 16
1
\ \ � N R/c/ywoo
'� 1D q�FN
S
SCALE: 1 "=40'
DATE: 5-7-2003
I
I
LOT 13
001
I
I
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I
LOT 14
L\
LOT 15
lj�! ', 6545 o
/ (` RAY0Y �.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department': Public Works
Consent:® Regular:❑
Meeting Date: 6/5/03
Contact Person: Art Candelaria
Requesting Action:®
Tvne of Document Needing ADDroval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check ADnronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration:1f RESOLUTION 2003-25 abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot
34, Block 3, Plat 401B (9822 N. Littler) as recorded in Book 155 of Maps, Page 12 Records of Maricopa County,
Arizona - EA2002-03 - Lou Lonbari
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: Mr. Lombari submitted a request for a 10' public utility and
drainage easement abandonment on January 30, 2002.
List All Attachments as Follows: Staff Memo, Resolution, and Exhibit
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
X2'r/WP/jW /A"jv�"
D artment Head-----)
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: May 1, 2003
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 2002-03
Randy Harrel, Town Engineer
9822 N. Littler Drive
Reviewed: ToniWard, Director of Public Works
Plat 401B, Block 3, Lot 34
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
and drainage easements located at the westerly property line of Lot 34, Block 3, Plat 401B, (9822
N. Littler Drive) as shown in Exhibit "A". The property owners of Lot 34 desire the assurance that
any future improvements made to the lot will not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
of the proposed abandonment of this public utility easement.
Lot 34's rear fence and yard have a 1970's era encroachment into the 10' wide Town owned Parcel
E in the adjacent Plat 403B. An additional future multi -party abandonment action for the Town
owned Parcel E (not a wash) would be needed to resolve that encroachment. (See the attached
aerial photograph in Exhibit B.
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 34 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2003-25.
Enc: Resolution
Exhibit A (Abandonment Map)
Exhibit B (Aerial Photo)
C: Lou Lombari
\\earth\BBrannon\Abandonment Letters and Resolutions\EA2002-03 - 401 B-3-34.doc
`..
RESOLUTION 2003-25
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 WESTERLY LOT LINE OF LOT 34, BLOCK
3, OF PLAT 401B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage
easements, located along the westerly property lot line of Plat 401B, Block 3, Lot 34, Fountain
Hills, as recorded in book 155 of maps, page 12 records of Maricopa County, and as more
particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby
declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owner of Lot 34 is required to pass the developed flows generated by
the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-25 PUE aband.res
5-29-03
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 5, 2003.
FOR THE TOW;K OF FOUNTAIN HILLS:
W.J. N1cXoFs,
REVIEWED BY—_
/J_ G
Tim d'Pickering, Town Manager
9196.001\Resolutions\2003-25 PUE aband.res
5-29-03
4
ATTESTED TO:
. I i OWN Nvok,�riM
Bevelyn J.'� •Town Clerk
APPROVED AS TO FORM:
U , �'e'kA/-A
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401-B BLOCK 3 LOT 34
1
I
1
I\
I
1
I
I
LOT 7 LOT 35
W �Q�r
PL 403-B o •��• `sue•
BLOC z
LOT 8
/
/
/
/ N
/w E
/ s
/ SCALE: 1 "=40'
/ DATE: 4-30-03
ro PLAT 401-B & ,�
BLOCK 3 0 0o erg '
LOT 34 a
ABANDON 10'
P.U.E & D.E. /
A 38'56'33"
R=45.0E- / /
L=30.59'
.0 0'
LOT 33 /
LOT 37
/ O 16545 � 7
kf,f(ictL �
a
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "B"
PLAT 401B BLOCK 3 LOT 34
a e
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owl
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r OT3FUG
= x,
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WROUGHT IRON
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PROPERTYIIE
h
PLAT;403-B
BLOCK 3 r
w.
US
LOT 7
LOT 8
EX SNG
TIHOUSE A /
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PLAT 401-8 =
i' BLOCK
o}
v LOT 34 ^�
s ' �'r i � 0 ., � � >
TING 5' HI H s 1 o - �
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8" CM U WAL " so .. oyY:kJ.
fo
LOT 33
SCALE: 1"=25' M /
DATE: 5-5-03
DO NOT RECORD
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "B"
UV roll wl-1,(Arti
. v
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Planning & Zoning
Consent:® Regular:❑
Meeting Date: 06/05/03
Contact Person: Denise Ruhling, Planner
Requesting Action:®
Type of Document Needing Auuroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Amromiate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: Consideration of FINAL PLAT for "Golden Condominiums", a 2-unit
condominium project located at 16705 Fairfax Drive, aka Plat 104, Block 9, Lot, Case Number S2003-05.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This request is for approval of the Preliminary/Final Plat
"Golden Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell
project. Due to the simplicity of this request and the fact that this project does not involve any off -site public
improvements, a "fast track" process is being allowed. The owners, James and Betty Golden, have chosen to
convert an existing two -unit residential complex and record a Declaration of Condominium to sell the units
individually. The units have a maximum livable area of 1172 square feet and a minimum livable area of 1169
square feet. Each unit has a one -car garage and a covered patio.
List All Attachments as Follows: Application, Site/Floor Plan.
Type(s) of Presentation:
Signatures of Submitting Staff:
r
D artmen Head
3,!
... Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
S%W
TOWN OF FOUNTAIN HILLS
PLANNING DEPARTMENT
STAFF REPORT
TO: Honorable Mayor and Town Council
DT: June 5, 2003
FR: Denise Ruhling, Planner
RE: Case # S2003-05; Final Plat for the
"Golden Condominiums".
LOCATION: 16705 Fairfax Drive, aka Plat 104, Block 9, Lot 3.
REQUEST: Consider the Preliminary/Final Plat for "Golden Condominiums", a 2-unit
condominium project.
PROJECT MANAGER:
Denise Ruhling, Planner
DESCRIPTION:
OWNER:
James and Betty Golden
APPLICANT:
James and Betty Golden
EXISTING ZONING:
"R-2"
EXISTING CONDITION: Developed and occupied
LOT SIZE:
11,538 sq. ft. or .26 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Single-family residence; zoned "R-2"
SOUTH: Single-family residence; zoned "R-2"
EAST: Single-family residence; zoned "R-2"
WEST: Duplex Condo; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary/Final Plat "Golden Condominiums" Declaration of
Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of
this request and the fact that this project does not involve any off -site public improvements, a "fast
track" process is being allowed.
The owners, James and Betty Golden, have chosen to convert an existing two -unit residential complex
and record a Declaration of Condominium to sell the units individually. The units have a maximum
livable area of 1172 square feet and a minimum livable area of 1169 square feet. Each unit has a one -
car garage and a covered patio.
The Planning & Zoning Commission reviewed this application at their May 8, 2003, meeting and has
recommended approval by unanimous vote. One concern was voiced regarding the non -conforming
status of side yard setbacks. Staff explained that the existing setbacks are legal nonconforming and that
any further construction on the site will be required to meet the minimum standards of the Town of
Fountain Hills current ordinances.
Golden Condominiums S2003-05
,%W
RECOMMENDATION:
The Planning & Zoning Commission and Staff recommend approval of 52003-05; Preliminary Plat
"Golden Condominiums".
Page 2 of 2
P BA 1 /02
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT
Fountain Hills, Arizona
APPLICATION.-,,,'
Area Specific Plan or Change Preliminary Plat
General Plan Amendment Cut/Fill Waiver
Plan of Development Special Use Permit
Zoning Change SU Comprehensive Sign Plan
Variance HPE Change or Abandonment
X., Condominium Plat
NATURE OF THE REQUEST:
For Offioal Use Only
Case Manager:
PROJECT NAME
Mrs. Appli_a_I- -'rx�
Day Phone
Ms. Address��0, Rt9FA.X PC, ''L CityE. QL3
Mrs.
Mr.
Owners a �� U✓C i�
State:I IT- Zip
Day Phone C ��
>tate.-Aa 7inS�� J'
If application is being submitted by someone other than the owner of the property under consideration, the
section below must be completed.
SIGNATURE OF OWNER
DATE
I HEREBY AUTHORIZE TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of
20
Notary Public My Commission Expires
,--, z �,
FILING DATE: FEE PAID: ACCEPTED BY:
(See Fee Schedule)
Application TOWN OF FOUNTAIN HILLS '- CC'I) v
11
Page 2 of \corms\Gener �+APR 0 3 2003
al Aooi�caf�on - Public eor�ng ooc
The Town of Fountain Hills
PBA 1 /02
LEGAL DESCRIPTION
PROPERTY ADD
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Plat Name
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Block Lot
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PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER
NUMBER OF UNITS PROPOSED TRACTS-2l o q
EXISTING ZONING: ,
PROPOSED ZONING
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Application
Page 3 of 11
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Town of Fountain Hills
M
•
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Meeting Date: 6/5/03
Contact Person: Tom Ward
Consent:[] Regular:[:] Requesting Action:® Report Only:[]
Type of Document_ Needing Approval (Check all that anal
❑ 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:
Council Prioritv (Check ADnronriate Areas):
❑ Education ❑ Public Fitness ❑ Library Services
❑ Public Safety ❑ Community Activities ❑ Economic Development
® Public Works ❑ Human Service Needs ❑ Parks & Recreation
❑ Town Elections ® Community Development ❑ Finance
Regular -Agenda Wording: The terms of three Board of Adjustment members expired January 31, 2003. Those
Board members are William Blankenship, Samuel Nicholson, and Fred Luft. Mr. Blankenship was originally
appointed to the Board February 1, 1997. Mr. Nicholson was appointed February 1, 1993. The Board of
Adjustment last convened in January 2000. Attached are the original applications for William Blankenship and
Samuel Nicholson, which they have asked to be reactivated. Both Mr. Blankenship and Mr. Nicholson wish to
serve another term expiring on January 31, 2005. Mr. Fred Luft has decided not to continue his appointment to
the Board. Attached is the application for Mr. John Kovac III, who wishes to replace Fred Luft on the Board of
Adjustment. Mr. Kovac's term will begin on July 1, 2003 and expire June 30, 2005.
Staff Recommendation: Approve Fiscal Impact: Yes $0
Purpose of Item and Background Information: Reappoint 2 members and appoint a replacement for Fred Luft.
List All Attachments as Follows: Application for reappointment -- William Blankenship
Application for reappointment -- Samuel Nicholson.
New application for appointment to the Board of Adjustment -- Fred Luft
Type(s) of Presentation:
Signatures of Submitting Staff:
j4 /,A r
Dep tment ead
Town -Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
e:\board of adjustment\boa appointees memo 4-29-03.doc
l
L j
• a w kit; 1,WJ •
To: Honorable Mayor and Common Council
From: Thomas L. Ward, Director of Public Wor
Date: April 29, 2003
Re: Board of Adjustment
. . . . . . . . . . . . . . . . . . . . . . . . . .
The terms of three of the Board of Adjustment members expired on January
31, 2003. Those Board members are William Blankenship, Samuel
Nicholson, and Fred Luft. Mr. Blankenship was originally appointed to the
Board February 1, 1997. Mr. Nicholson was appointed February 1, 1993.
The Board of Adjustment last convened in January 2000. Attached are the
original applications for William Blankenship and Samuel Nicholson, which
they have asked to reactivate their applications for your review, to serve
another 2-year term. Their term will expire on January 31, 2005. Mr. Fred Luft
has decided not to continue his appointment to the Board.
The advertisement requesting applications to the Board ran in The Times for 7
weeks. During that time, we received two inquiries regarding the open
positions on the Board, and received one application.
Attached is the application from Mr. John Kovac III, who wishes to replace
Fred Luft on the Board of Adjustment. Mr. Kovac's term will begin on July 1,
2003 and expire June 30, 2005.
0 Page 1
RECEIVED
jj %- w " 2002
TOWN OF FOUNTAIN HILLS
° j • L!
►►..I• .? 1 37
rsAUKUROUND AND PE OUTLINE '
PERSONAL DATA r L
APPOINTMENT TO COMMISSIONS AND BOARDS
COMMISSION OR BOARD IN WHICH INTERESTED:
Board of Adjustment
NAME: Wi 11 i am C.
("Bi 11") B1 ankenshi n
PHONE:
R37-2690
ADDRESS:
1 pia 5q
tj
0 C_
ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: YES MX
PLEASE SUMMAREM YOUR EDUCATIONAL BACKGROUND:
(Including colleges attended and degrees obtained, if any)
Southwest Texas Junior College; South Texas Junior College; Houston Community
College- and Scottsdale Community College
PRESENTLY EMPLOYED BY: Voorhees and Associates Inc.
JOBTTTLE: Manufacturers Sales Renresentative PHONE: 837-?d35
BUSINESSADDRESS: 9776 E. Shea 91 vd. , #B3A-d7d,
Scottsdale AZ p50r0 PHONE: 800-343-851Q
CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
None since movina to Arizona
PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
National Office Products Association (19985-95)
sociation, Boardmember
DATE: 1/27/97 SIGNA
QUESTIONS FOR
BOARD OF AD TUSTMENT APPLICANTS
Following is a hypothetical case regarding an application for a variance.
Jean Benefactor who consistently makes large charitable contributions to your town wants to
build her dream home on a lot she recently purchased in the most exclusive residential
neighborhood. This neighborhood was almost entirely built -out in the 1970's except for a few
remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's
which changed the setback requirements and height limit applicable to Jean Benefactor's
neighborhood. Approximately 60% of the existing older homes do not conform to the new
setback and height restrictions.
Jean Benefactor wants a variance so that she can build in conformance with the old setback
requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that
she can have additional sleeping quarters for many orphans she cares for. The following issues
arise at the Board of Adjustment hearing:
1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the
setback variance? Please explain.
Yes, if most of the neighbors very near to Jean were built at the old setbacks. To have
her setbacks so different from what her neighbor's are would detract from the continuity
of the rest of the street.
2. Will the fact that Jean is performing a tremendous public service justify the height
variance? Why or why not?
No. The fact that she cares for orphans is of no significance in this case. Jean would not
be denied the use of her property if the variance for height were denied."' -Jean has chosen
to care for orphans in her home which is a self-imposed the need for more bedrooms.
3. There are a number of lots, due to their topography, that are much more expensive
to build on when conformance to the strict terms of the Code is enforced. Do you
believe that economics should be a factor in considering a variance? If so, to what
degree?
Economics should not be a factor in considering a variance. When the lot is purchased,
the buyer is aware of the topography and should be aware of what the Town's regulations
are regarding grading, cutting and filling, and allowed disturbance. The buyer should also
assume that the house will need to be built to fit the topography, rather than trying to
make the topography fit the house with the use of a variance.
4. Some people desire to build their "dream home" in Fountain Hills but cannot afford
a lot large enough for the house to conform to the minimum setback requirements.
Should we grant variances so we can have the growth and income in our
community?
Variances should not be granted to insure growth and income in our community. In a
town such as Fountain Hills, there is a wide variety of subdivisions and lot sizes. If a lot
in Fountain Hills is more expensive than the home builder can afford, then they should
reconsider whether the "dream home" or living in Fountain Hills is more important.
There is no reason to compromise the codes at the expense of other residents.
5. A resident has applied to the Committee of Architecture to build an addition onto
their home which would encroach into the rear yard setback area as established in
both the restrictive covenants and the Zoning Ordinance. The Committee of
Architecture approved a variance from the restrictive covenants and the resident
applies for a variance from the Zoning Ordinance. None of the neighbors object, but
no special circumstances exist. The resident wants the addition to serve as a storage
room and a bathroom for the swimming pool. The Zoning Ordinance allows the
resident to build a detached building to accomplish his needs, but they agree that the
detached building is much less desirable and less aesthetically pleasing than the
addition. Should a variance be granted because there is not objection and the
proposal is more aesthetically pleasing than the limits of other parts of the Code will
allow? Please explain.
Although it might be more aesthetically pleasing to the homeowner, the Zoning Ordinance
exists for a reason other than just aesthetics. If this resident were allowed to expand his
house merely because he wanted an extra bathroom, then where would we draw the line
on requests for an extra room in which to watch television? Constructing a detached
building will serve the purpose and will not be setting a precedent. We also can not be
assured that future neighbors will find it so unobjectionable.
6. Our current Code regulates development of hillsides. A number of people build
large homes and change the grade to nearly the maximum extent possible in setting
their homes. After they are in their home, they desire to do further grading to
install a swimming pool with an accessory cool deck and patio. This further grading
will require them to go beyond the limits established in the Housing Development
Standards section of the Zoning Ordinance, so they seek a variance. Do you believe
that a variance should be granted to permit grading or disturbance of a hillside
beyond the current limits so these people can have a swimming pool?
No, they knew the extent of grading that would be allowed when they built the house.
Further grading should not be allowed, otherwise there would be no reason to have a
regulation that limits it.
7. There are occasions when somebody seeks a variance to place a house they have had
designed, that will not fit the lot, without a lot of disturbance to the natural terrain.
The owner applies for a variance to encroach in a setback area to minimize
expensive site disturbance. The lot is not regulated by the Hillside Development
Standards and the Town Code will allow the grading necessary for the house to
conform to the setback requirements. The adjoining neighbor comes to the hearing
asking that the variance be granted because the desired location will allow them to
continue to see the Fountain and if the variance is not granted, the applicant will be
required to locate this house in a place that will obscure their view of the Fountain.
Do you believe the Town should allow the applicant to save site preparation costs,
help maintain the natural terrain and make the adjoining neighbors happy, by
granting the variance; or would you take a stand that if site preparation costs are
an issue, the house could be redesigned to better fit the lot and stay within the
prescribed setback requirements, and that a variance should not be granted for view
protection? Please explain.
First of all, site preparations costs should not be a consideration because, again, the lot
owner knew the existing terrain when they purchased the lot. If the house can be built
on the lot and still stay within the setbacks and disturbance limitations, a variance should
not be granted. Also, a variance should not be granted because it would preserve the
neighbor's view of the fountain or anything else. If the house were moved for one
neighbor, a view for another neighbor might be jeopardized. The Board of Adjustment
can not be in the business of determining whose view is worth preserving and whose is
not. In this instance a redesign of the house is probably in order. Site preparation costs
might be reduced and possibly views might be preserved by the redesign. This variance
cannot be approved.
RECEIVED
DEC 100?
TOWN OF FOUNTAIN HILLS
BACKGROUND AND PERSONAL DATA OUTLINE
?.PPOINTMENT TO COMMISSIONS AND BOARDS
COMMISSION OR BOARD IN WHICH INTERESTED: -rzz> eX r��;�,� �
f lttdt'e' '—,( -� 777
NAME: L� N116L G. /{�'C�/DLSo.� PHONE_ 4615;fj 4�475�2
ADDRESS:
n
ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS: YES
PLEASE SUlm"MARIZE YOUR EDUCATIONAL BACKGROUND: 7
(Including colleges attended and degrees obtained if any;
PRESENTLY EMPLOYED BY:
-OB TITLE: '
PHONE: Z 777
BUSINESS ADDRESS: '�`� �L E'�nr/.a-J�►�� �,5�0�„fllx i�,Z
CURRENT ORGANIZATIONAL MEMBERSHIP& OFFICES HELD:
PAST ORGANIZATIONAL MEMBERSHIP & OFFICES HELD:
DATE SIGNATURE �� ,
QUESTIONS FOR
BOARD OF ADJUSTMENT APPLICANTS
(Please use additional lines on last page or add additional pages if necessary.)
Following is a hypothetical case regarding an application for a variance.
Jean Benefactor who consistently makes large charitable contributions to your
town wants to build her dream home on a lot she recently purchased in the most
exclusive residential neighborhood. This neighborhood was almost entirely built -
out in the 1970's except for a few remaining vacant lots. A new zoning ordinance
was adopted for our town in the early 1990's which changed the setback
requirements and height limit applicable to Jean Benefactor's neighborhood.
Approximately 60% of the existing older homes do not conform to the new setback
and height restrictions.
Jean Benefactor wants a variance so that she can build in conformance with the
old setback requirements as 60% of her neighbors did. Jean Benefactor also
wants a height variance so that she can have additional sleeping quarters for
many orphans she cares for. The following issues arise at the Board of
Adjustment hearing:
1• Assuming Jean's lot and her neighbors' lots are similar, would you vote to
grant the setback variance? Please explain.
�-cl � 2 fiF
UMM
&117[ILLS
2. Will the fact that Jean is performing a tremendous public service justify
the height variance? Why or why not?
/11641
3. There are a number of lots, due to their topography, that are much more
expensive to build on when conformance to the strict terms of the Code is
enforced. Do you believe that economics should be a factor in considering
a variance? If so, to what degree?
A4
4. Some people desire to build their "dream home" in Fountain Hills but
cannot afford a lot large enough for the house to conform to the minimum
setback requirements. Should we grant variances so we can have the
growth and income in our community? //
v
5. A resident has applied to the Committee of Architecture to build an
addition onto their home which would encroach into the rear yard setback
area as established in both the restrictive covenants and the Zoning
Ordinance. The Committee of Architecture approved a variance from the
restrictive covenants and the resident applies for a variance from the
Zoning Ordinance. None of the neighbors object, but no special
circumstances exist. The resident wants the addition to serve as a storage
room and a bathroom for the swimming pool. The Zoning Ordinance allows
the resident to build a detached building to accomplish his needs, but they
agree that the detached building is much less desirable and less
aesthetically pleasing than the addition. Should a variance be granted
because there is not objection and the proposal is more aesthetically
pleasing than the limits of other parts of the Code will allow? Please
explain.
HU 1 39.C.C/ LltflllG.D� FDA
W
Q
"
6. Our current Code regulates development of hillsides. A number of people
build large homes and change the grade to nearly the maximum extent
possible in setting their homes. After they are in their home, they desire
to do further grading to install a swimming pool with an accessory cool
deck and patio. This further grading will require them to go beyond the
limits established in the Housing Development Standards section of the
Zoning Ordinance, so they seek a variance. Do you believe that a variance
should be granted to permit grading or disturbance of a hillside beyond
the current limits so these people can have a swimming pool?
o Lim � r�
7. There are occasions when somebody seeks a variance to place a house they
have had designed, that will not fit the lot, without a lot of disturbance
to the natural terrain. The owner applies for a variance to encroach in
a setback area to minimize expensive site disturbance. The lot is not
regulated by the Hillside Development Standards and the Town Code will
allow the grading necessary for the house to conform to the setback
requirements. The adjoining neighbor comes to the hearing asking that
the variance be granted because the desired location will allow them to
continue to see the Fountain and if the variance is not granted, the
applicant will be required to locate this house in a place that will obscure
their view of the Fountain. Do you believe the Town should allow the
applicant to save site preparation costs, help maintain the natural terrain
and make the adjoining neighbors happy, by granting the variance; or
would you take a stand that if site preparation costs are an issue, the
house could be redesigned to better fit the lot and stay within the
prescribed setback requirements, and that a variance should not be
granted for view protection? Please explain.
74
TOWN OF FOUNT lO�FFO
FOUNTAIN HILLS qp� O,y/
BACKGROUND AND PERSONAL DATA OUTLINE �� �s
APPOINTMENT TO COMMISSIONS AND BOARDS 0.0
COMMISSION OR BOARD IN WHICH INTERESTED: &'X'�
N r;14A/ i <-E✓AL PHONE:r{.'s� CIF 64 i
ADDRESS:_ S 53 7 (" L- i Lo tyr" -
t G
ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: Q2�$) NO
PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND:
(Including colleges attended and degrees obtained, if any)
PRESENTLY EMPLOYED BY: ;eQ—i %,tiL=!>
JOB TITLE:
BUSINESS ADDRESS:
PHONE:
PHONE:
CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
r
0
PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
DATE:_ /1-4� SIGNATURE• --.,-, /i
EDUCATIONAL AND EXPERIENCE BACKGROUND
Akron University, 1966-1968
Career preparation, continuing education and licensing for position as Financial Consultant required annual
courses in the following:
1. LUTCF DESIGNATION -" Life Underwriter Training Council'
2. Lifetime Financial Planning and Investment Strategies
3. Preretirement and Retirement Estate Planning
4. American College Continuing Education
5. American Management Association
Community & Charitable Organization Involvement:
6. Served on committee for Futuring the City of Troy for year 2000 and beyond
7. Board Member for Non-Proft Program "Second Look at Sports" - (current)
8. Instructor at Midwestern Bible College- "Finance for Non -Profit Organizations"
9. Board of Directors, Sunridge Canyon Homeowners Association - (current)
On-the-job training relevant to the Parks and Recreation Commissioner position include:
10. Family -owned excavation and landscape business, - Barberton, Oh.
11. Store Management„ Isaly Dairy and Deli - Akron, Oh.
12. Quality Control Unit Manager - Uniroyal Tire, Commerce, Ca - Plant size 1500 employees
13. Activities,Program and Outreach Director for Youth -Central Baptist Church - Anaheim, Ca.
14. Associate Pastor/Business Manager and Facilities Maintenance Director- First Baptist
Church and School - Troy Michigan
JOHN KOVAC III
15837 Cactus Wren Court
.O!LESTIONS FOR
BOARD OF ADJUSTMENT APPLICANTS
�,. Please use additional lines on last page or add additional pages if necessary.)
Following is a hypothetical case regarding an application for a variance.
Jean Benefactor who consistently makes large charitable contributions to your town wants to build
her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This
neighborhood was almost entirely built -out in the 1970's except for a few remaining vacant lots. A
new zoning ordinance was adopted for our town in the early 1990's which changed the setback
requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of
the existing older homes do not conform to the new setback and height restrictions.
Jean Benefactor wants a variance so that she can build in conformance with the old setback
requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she
can have additional sleeping quarters for many orphans she cares for. The following issues arise at
the Board of Adjustment hearing:
1.
Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance?
Please explain.
No. The request does not meet all four of the criteria conditions. It is not a special condition
because 40% of neighbors have built to the new ordinance.
`]
Will the fact that Jean is performing a tremendous public service justify the height variance? Why or
why not?
No. It great that she is performing service and should be encouraged but is not the criteria for
granting a variance.
3
There are a number of lots, due to their topography, that are much more expensive to build on when
conformance to the strict terms of the Code is enforced. Do you believe that economics should be a
factor in considering a variance? If so, to what degree?
No. It is important that the zoning ordinances be followed and economics should not be a
factor.
a
1%.00me people desire to build their "dream home" in Fountain Hills but cannot afford a lot large
enough for the house to conform to the minimum setback requirements. Should we grant variances
so we can have the growth and income in our community?
No.
5
A resident has applied to the Committee of Architecture to build an addition onto their home which
would encroach into the rear yard setback area as established in both the restrictive covenants and the
Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive
covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors
object, but no special circumstances exist. The resident wants the addition to serve as a storage room
and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a
detached building to accomplish his needs, but they agree that the detached building is much less
desirable and less aesthetically pleasing than the addition. Should a variance be granted because there
is not objection and the proposal is more aesthetically pleasing than the limits of other Parts of the Code
Will allow? Please explain.
No. The request does not meet any of the criteria for a variance.
31
Our current Code regulates development of hillsides. A number of people build large homes and
�hange the grade to nearly the maximum extent possible in setting their homes. After they are in their
Iffome, they desire to do further grading to install a swimming pool with an accessory cool deck and
patio. This further grading will require them to go beyond the limits established in the Housing
Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe
that a variance should be granted to permit grading or disturbance of a hillside beyond the current
limits so these people can have a swimming pool?
No.
VA
There are occasions when somebody seeks a variance to place a house they have had designed, that
will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance
to encroach in a setback area to minimize expensive site disturbance. The lot is not regulated by the
Hillside Development Standards and the Town Code will allow the grading necessary for the house
to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the
variance be granted because the desired location will allow them to continue to see the Fountain and
if the variance is not granted, the applicant will be required to locate this house in a place that will
obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site
preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by
-ranting the variance; or would you take stand that if site preparation costs are an issue, the house
�ould be redesigned to better fit the lot and stay within the prescribed setback requirements, and that
u
a variance should not be granted for view protection? Please explain.
LIN
The variance should not be granted. The house plan can be changed to fit the lot or the
grading completed to meet the set back requirements.
Town of Fountain Hills
A
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Admin
Consent:® Regular:❑
Meeting Date: 6/5/2003
Contact Person: Julie Ghetti
Requesting Action:®
Type of Document Needing Approval (Check all that a
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ® Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
® Finance
Regular Agenda Wording: Consideration of Resolution 2003-29 regarding an Intergovernmental Agreement
with the City of Phoenix for a municipal tax hearing office.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Resolution 2003-29 establishes an Intergovernmental
Agreement (IGA) with the City of Phoenix for the Town of Fountain Hills taxpayers to utilize the services of the
Municipal Tax Hearing Office (MTHO). The MTHO will be available for any taxpayer who wishes to appeal
their sales tax assessment as a result of a supplementary audit conducted by the Town's local sales tax auditor.
List All Attachments as Follows: Resolution 2003-29, Intergovernmental Agreement with City of Phoenix
Type(s) of Presentation: none
Signatures of Submitting Staff:
Dep tment ead
-C3
Town Manager / D signee
\\earth\jghetti\wpdata\agenda cover sheet.doc
Budget Review
(if item not budgeted or exceeds budget amount)
'r.. TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Honorable Mayor and Town Council
DT: May 30, 2003
THROUGH: Mr. Timothy Pickering, Town
Manager
FR: Julie A. Ghetti, Acc unting Supervisor
RE: Resolution 2003-29
Administration
As a program city th Town of Fountain Hills local sales tax is collected by the Arizona
Department of Revenue and deposited into the Town's LGIP account weekly. Taxpayer
assistance and compliance is provided by staff and the Town's local sales tax auditor, Al Holler
and Associates. The Town has resolved many tax audit cases through dialogue and negotiations
usually with mutual satisfaction. Taxpayers who disagree with the auditors findings or wish to
appeal the tax assessment have the right to a hearing with a Municipal Tax Hearing Office
(MTHO). The City of Phoenix administers the MTHO and maintains a contract with an
independent tax hearing officer.
1,, In order for the taxpayers to request a hearing with the MTHO the Town must have a signed
Intergovernmental Agreement (IGA) with the City of Phoenix. The Town will be billed only for
those hearings that are a result of an audit conducted by the sales tax auditor at a rate of $150 per
hour. To date there have been no appeals or requests for hearings on any of the audit
assessments that have been made. Staff will continue to work with the taxpayers to resolve any
outstanding tax matters to a satisfactory conclusion; however, if the taxpayer wishes to appeal
the Town's decision the MTHO will be available to them. The Town Attorney has reviewed the
IGA and staff recommends approval.
RESOLUTION NO.2003-29
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF PHOENIX TO ADMINISTER THE MUNICIPAL, TAX
HEARING OFFICE.
WHEREAS, ARiz. REv. STAT. §42-6056 establishes the Municipal Tax Hearing Office (the
"Hearing Office") to hear, inter alia, petitions from supplementary audits performed by cities and towns
under the state collection systems; and
WHEREAS, the City of Phoenix ("Phoenix") administers the Hearing Office on behalf of
Arizona cities and towns at significant costs; and
WHEREAS, the Town of Fountain Hills ("Fountain Hills") is required to provide a mechanism
for petitions from supplementary audits performed by Fountain Hills under the state collection system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the intergovernmental agreement between Fountain Hills and Phoenix for
administration of the Hearing Office (the "Agreement") is hereby approved in the form attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 5,
2003.
FOR TO N V FOUNTAIN HILLS: ATTESTED TO:
J. Nic s, Mayor Bevelyn J. Be er, wn Clerk
REVIEWED BY: " --
Tim G. ickering, Town Manager
9196.004\PHX IGA MTHO.res.doc
5-16-03-1
APP OVED AS TO FORM:
An rew J. McGuire, Town Attorney
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE CITY OF PHOENIX
THIS AGREEMENT is entered into this day of 12003
pursuant to Arizona Revised Statutes (A.R.S.) §11-952, between the TOWN OF
FOUNTAIN HILLS ("FOUNTAIN HILLS"), acting by and through its Town Council
and the CITY OF PHOENIX ("PHOENIX"), acting by and through its City Council.
A.R.S. §42-6056 establishes the Municipal Tax Hearing Office that will hear all reviews
of petitions for hearing or redetermination under the Model City Tax Code for cities and
towns not in the state collection system and for petitions from supplementary audits
performed by cities and towns under the state collection system. The purpose of this
Agreement is to provide PHOENIX the mechanisms to administer this office in a manner
determined pursuant to an intergovernmental agreement as provided in A.R.S. § 11-952.
RECITALS
1. FOUNTAIN HILLS is authorized by the Town Code, Section 2-1-2. to
enter into this Agreement.
2. PHOENIX is authorized by City Charter, Chapter 2, Section 2 to enter
into this Agreement.
3. The purpose of this Agreement is to establish the mechanisms to
administer the Municipal Tax Hearing Office required by A.R.S. §42-6056 and to
reimburse the City of Phoenix for costs related to the administration of this office.
THEREFORE, in consideration of the mutual agreements expressed herein.
it is agreed as follows:
I. SCOPE OF AGREEMENT
1. The Municipal Tax Hearing Office shall hear all reviews of petitions for
hearing or redetermination under the Model City Tax Code for non -program cities and for
appeals from supplementary audits performed by cities and towns under the State of
Arizona collection system as provided in A.R.S. §42-6056.
2. FOUNTAIN HILLS agrees that PHOENIX will administer the
Municipal Tax Hearing, Office.
3. FOUNTAIN HILLS and PHOENIX agree that PHOENIX shall hire
qualified lawyers to act as the Hearing Officers for the Municipal Tax Hearin-, Office to
be used on a case -by -case or matter -by -matter assignment method.
4. The Municipal Tax Hearing Officers, as approved by the unified Audit
Committee and subsequently confirmed by the Municipal Tax Code Commission
pursuant to A.R.S. §42-6056, will serve as Hearing Officers as designated by PHOENIX.
5. FOUNTAIN HILLS will be billed by and shall pay PHOENIX for
FOUNTAIN HILLS' share of the contract and administrative expenses, based on actual
use of the Municipal Tax Hearing Office. on a monthly basis with payment due thirty
calendar days from the billing date. In consideration of PHOENIX administering the
Municipal Tax Hearing Office, the parties agree to the following payment terms.
(a) The charge by PHOENIX will be the charge for the Hearing
Officer, not to exceed S 150.00 per hour plus other related expenses at cost.
(b) In addition to the charges relating to the Hearing Officer set
forth in (a) above, the City/town against whom the protest has been filed will pay
PHOENIX an hourly work order rate approved by the Unified Audit Committee at
S51.29 per hour for costs related to the administration of this office.
(c) In the event of a multi jurisdictional audit. in which the
charges set forth in (a) and (b) above cannot be directly attributed to a specific
jurisdiction, the charges will be allocated only to the cities; towns for which a taxpayer
appeals the multi jurisdictional tax assessment based on a pro-rata share of the total
amount protested in the original assessment.
(d) The rate for the Hearing Officers and the work order rate for
PHOENIX administration of the Municipal Tax Hearing Office will be reevaluated on a
biannual basis and approved by the Unified Audit Committee.
5. FOUNTAIN HILLS shall provide a location suitable for the hearing
when FOUNTAIN HILLS is the sole jurisdiction in a tax protest. In the case of a
multijurisdictional audit protest. taxpayer may select the city or town in which the hearing
will be held. In any event, the selected city or town will provide a suitable location for
the hearing.
7. All activities relating to the provisions set forth in this Agreement are to
be coordinated between the City/Town Tax officers or their designees.
1-7
14> S4N I
IL MISCELLANEOUS PROVISIONS
1. This Agreement shall become effective on the date of execution and
shall continue in full force and effect until it is terminated either by mutual agreement of
the parties or by either parry giving the other thirty (30) calendar days advance written
notice of termination of the Agreement, which notice shall specify the date of
termination.
2. FOUNTAIN HILLS or PHOENIX may cancel this Agreement without
penalty or further obligation.
§38-511.
3. This Agreement is subject to the cancellation provisions of A.R.S.
4. Cancellation pursuant to either Paragraphs 2 or 3 above shall be
effective when written notice from the chief executive officer of one city/town is received
by the other party to this Agreement, unless the notice specifies a later time.
5. Each party (as "Indemnitor") agrees to indemnify defend, and hold
harmless the other party (as "Indemnitee") from and against any and all claims losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "Claims") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
1453540 4
6. FOUNTAIN HILLS and PHOENIX each have an intergovernmental
agreement with the State of Arizona by which each obtains taxpayer information from the
State subject to the conditions set forth in the intergovernmental agreement including
confidentiality. To the extent that information being exchanged between FOUNTAIN
HILLS and PHOENIX may have been obtained initially from the State, each agrees to
abide by the terms and conditions set forth in their respective intergovernmental
agreements with the State of Arizona.
7. All notices or demands upon any party to this Agreement shall be in
writing and shall be delivered in person or sent by mail addressed as follows:
TOWN OF FOUNTAIN HILLS
,,. Attn: Julie Ghetti
License and Sales Tax
P.O. Box 17958
Fountain Hills, AZ 85269
CITY OF PHOENIX
Tax Division
Attn: Tax Administrator
251 W. Washington, 9th Floor
Phoenix, AZ 85003
145354vl 5
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first above written.
CITY OF PHOENIX
a municipal corporation
FRANK FAIRBANKS, City Manager
ED
FRANK FAIRBANKS
ATTEST:
TOWN OF FOUNTAIN HILLS
a municipal corporation
TIMOTHY G. PICKERING, Town
Manager
BY
TIMOT Y PICK RING
ATTEST:
City Clerk T n aerk
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF PHOENIX
APPROVED AS TO -FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDE"
THE LAWS OF -THE STATE 0i.
ARIZONA TO THE TOWN OF
FOUNTAIN HILLS
City Attorney Town Attorney
1453540 6
Town of Fountain Hills
IR
M
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Admin
Meeting Date: 6/5/2003
Contact Person: Julie Ghetti
Consent® Regular:[] Requesting Action::®
Type of Document N ding Approval (Check all that apnl
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ® Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Priority (Check Avvro-Driate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
® Finance
RegWar Agenda wording Consideration of Resolution 2003-30 regarding an Intergovernmental Agreement
with the participating public agencies in forming a separate, nonprofit corporation for the purpose of joint
participation, coordination and pursuit of all available legal remedies against NCFE (National Century Financial
Enterprises).
Staff Recommendation: Approve Fiscal Impact Yes $5,000 est.
Purpose of Item and Background Information: Resolution 2003-30 establishes an Intergovernmental
Agreement (IGA) with various public agencies that had pooled investment funds through the Office of the
Treasurer of the State of Arizona (Local Government Investment Pool) in National Century Financial Enterprises
(NCFE) which declared insolvency. The non profit corporation will represent the public agencies, including
Fountain Hills, in obtaining legal counsel to recover the losses, claims and/or causes of action to which the Town
may be entitled.
List All Attachments as Follows: Resolution 2003-30, Intergovernmental Agreement relating to the formation
of the Arizona Public Entity NCFE Loss Recovery Coalition.
Type(s) of Presentations none
Signatures of Submitting Staff:
Dep tment Head
i' j
Town Manager / Designee
\\earth\jghetti\wpdata\agenda cover sheet6-5.doc
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Honorable Ma rand Town Council DT: May 30, 2003
THROUGH: Timothy Pickering, Town
FR: Julie A. Ghetti, Ai
SuAervisor OC.. 1
RE: Resolution 2003-30 Intergovernmental
Agreement to form a non-profit cornoration
In December, 2002Vthe Council was informed of an investment that the State Treasurer's Local
Government Investment Pool (LGIP) made in a company called National Century Financial
Enterprises that resulted in a $131M loss (copy of memo attached) to the LGIP. The loss
affected over 100 governmental agencies, the largest being the City of Chandler. Chandler and
Pima County have entered into an Intergovernmental Agreement (IGA) to approve the formation
of a non-profit organization, the Arizona Public Entity NCFE Loss Recovery Coalition. All
other affected agencies are being given the opportunity through an IGA to become a member of
the non-profit corporation that was formed expressly for the purpose of seeking remedial action
to recover the losses. The corporation will act on behalf of all the affected entities in pursuing
legal action against financial and other institutions. Each entity will be assessed a fee based on
the proportionate share of the claim; if the IGA is approved the Town of Fountain Hills' cost is
estimated to be approximately $5,000. The Town Attorney has reviewed the IGA and staff
recommends approval.
Attach: December, 2002 Memo to Council
\\earthVGhetti\WPDATA\INTEROFFICE MEMO TEMPLATE.doc5/3020033:21 PM
TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Mr. Timothy G. Pickering, Town Manager
DT: December 10, 2002
FR: Julie A. Ghetti, Acc unting Supervisor
Administration
RE: Notification of Loss on Securities
The Town of Fountai Hills, as well as many other municipalities, maintains an investment
account with the State Treasurer Local Government Investment Pool (LGIP). The Pool is one of
three eligible investments allowed under State statute and the Town's draft Investment Policy.
The Town currently has two accounts with the Pool — one for the General and HURF fund and
another that has residual proceeds from the Library/Museum General Obligation bonds. The
Chief Deputy State Treasurer, Mr. Richard Petrenka, has notified all pool members that one of
the pool's bond investments has been placed under the "auspices of a bankruptcy court" and a
December 1, 2002 interest payment was not made to the pool (see attached letter dated
December 4, 2002 and facsimile of the November 21, 2002 letter referenced). The pool's total
investment loss is $130,985,562.95 and is being shared by all pool members. The Treasurers
Office, Auditor General and Attorney General of Arizona are pursuing legal action to the fullest
extent possible in hopes of recovering the investment.
The Town's proportionate share of the loss is $168,032.13 ($163,790.59 for the General/HURF
account and $4,241.54 for the Library/Museum account).
There are many governmental entities that have experienced very large losses, the largest of
which is the City of Chandler. Listed below are just a few of the other cities and their share of
the loss. The complete listing is attached for your information.
City of Chandler
Apache Junction
Glendale
Mesa
Scottsdale
Lake Havasu
Gilbert
Goodyear
Paradise Valley
Surprise
$14,763,006.45
$ 546,433.26
$ 2,075,271.76
$ 6,489,422.62
$ 7,745,230.19
$ 1,519,235.34
$ 4,542,743.68
$ 984,437.56
$ 249,269.43
$ 1,597,357.63
Page 2 of 2
I will keep you and the Council informed of any further information that is sent by the State
Treasurers Office. I would also like to strongly recommend that the Council adopt the attached
proposed and updated investment policy. The policy provides very strict and limited options for
investing Town idle cash and closely mirrors the State government investment policy (LGIP-
GOV) that invests strictly with issues backed by the Federal Government. If the Council wishes
to proceed with the investment policy I would be happy to prepare the resolution on the next
agenda and authorize transfer accounts to a place that meets the new policy.
Attachments (4)
cc: Mayor and Town Council, w/attachments
\\earthUGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc
RESOLUTION NO.2003-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ACCEPTING AND APPROVING THE
TOWN JOINING AN INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY AND THE CITY OF CHANDLER RELATING TO THE
FORMATION OF THE ARIZONA PUBLIC ENTITY NCFE LOSS
RECOVERY COALITION.
WHEREAS, Pima County and the City of Chandler have entered into an
intergovernmental agreement approving the formation of the Arizona Public Entity NCFE Loss
Recovery Coalition (the "Agreement"); and
WHEREAS, the Arizona Public Entity NCFE Loss Recovery Coalition (the "Coalition")
is a non-profit corporation organized to represented the interests of Arizona public entities in the
bankruptcy of National Century Financial Enterprises (the "Bankruptcy"); and
WHEREAS, the Town of Fountain Hills (the "Town") desires to have its interests
protected in the Bankruptcy by the Coalition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the Town hereby approves joining in the Agreement relating to the
formation of the Coalition in the form attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute a signature page that will become part of
the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 5, 2003.
FOR TUE4QWN OF FOUNTAIN HILLS: ATTESTED TO:
W.J.
REVIEWED BY:
Tim G. Pickering, Town{ Manager
9196.001\2003 NCFE.res.doc
5-30-03-1
/0 i zor. mowui n. aw
APPROVED AS TO FORM:
PA_ ), ' �C
Andrew J. McGuire, town Attorney
OR
ARIZONA PUBLIC ENTITY NCFE LOSS RECOVERY
INTERGOVERNMENTAL AGREEMENT
WHEREAS A.R.S. §§ 11-951, et seq., provide for and authorize public agencies to enter into
contracts or agreements, including those for the contracting of services and the joint exercise of
powers common to the contracting parties and for joint cooperative action, and
WHEREAS as a consequence of the insolvency and ensuing bankruptcy of National Century
Financial Enterprises, an Ohio corporation ("NCFE"), in which various public agencies, including
the parties hereto, had pooled investment funds through the Office of the Treasurer of the State of
Arizona pursuant to state law, significant losses and/or claims have accrued to the parties, and
WHEREAS it is the desire of the parties hereto to have their collective interests protected
through joint participation, coordination and pursuit of all available legal remedies on their behalf by
a co-ordinating body, hereinafter identified, empowered to act regarding recovery of the losses,
claims and/or causes of action as stated to which the parties may be entitled, including the
identification and retention of legal counsel to represent the parties and the co-ordinating body
empowered to act on their behalf to be selected pursuant to the authorizations conveyed herein and
otherwise consistent with applicable law, provided, however, that nothing herein shall be construed
to interfere with pursuit of the parties' claims in the NCFE Ohio bankruptcy proceeding, Jointly
Administered Case No. 02-65235, Eastern Division, Southern District of Ohio, United States
Bankruptcy Court, pursuant to proofs of claim heretofore filed on their behalf by the Office of the
Arizona Attorney General , and provided fiirther that no party or public agency seeking to join in this
1
agreement may join or remain a party if to do so would create either a conflict of interest in fact or a
legal representational conflict, and
WHEREAS it is the desire of the parties to limit and confine participation in this agreement
to those public agencies, as defined in A.R.S. § 11-951, which deposited funds with and for the
purpose of investment by the Treasurer of the State of Arizona in the local government investment
pool ("LGIP") authorized by Arizona law and which is the subject of the losses and claims pursued
in the Ohio NCFE bankruptcy proceeding under the proofs of claim heretofore filed therein and on
their behalf by the Office of the Arizona Attorney General;
NOW, THEREFORE, the undersigned agree as follows:
1. The duration of this intergovernmental agreement shall begin on the _ day of May,
2003 and shall continue through and including that date which is thirty (30) days
following the entry of any final and non -appealed judgment in a court of competent
jurisdiction or, in lieu thereof, execution of any final settlement of claims, hereinafter
described, arising out of the pursuit through retained legal counsel of said claims, and
continuing through distribution of recovered funds, if any, and final audit provided,
however, that in the event that all parties to this agreement concur in a determination
to terminate this agreement in the absence of a final judgment or settlement, the
agreement may then be terminated by unanimous consent;
2. It is agreed by the parties that conflicts and inter -party claims with respect to losses
and claims arising from or involving and/or relating to the insolvency and ensuing
bankruptcy of NCFE, as described herein, against other parties are waived, provided,
however, that this provision shall not be construedas waiving any claims against the
2
State of Arizona and/or the Treasurer of the State of Arizona;
3. It is agreed by the parties that the co-ordinating body referenced in 16 of this
agreement is specifically authorized to serve as the agent, in law and in fact, for the
parties and the parties agree to hold the co-ordinating body harmless for all acts
performed in good faith and in conformity with this agreement on behalf of the
parties;
4. The purpose of this intergovernmental agreement is to convey and delegate to the
entity hereinafter identified, as applicable or appropriate, the decision -making
authority for all litigation -related issues regarding the notes and investments for
which recovery is sought, including the rights to pursue recovery, and all the
authority and responsibility to select, retain and supervise competent legal counsel,
and to file claims and initiate litigation provided, however, that the parties shall retain
all of the right, title and interest in their individual respective notes and investments
as described herein;
5. It is agreed that the scope of representation shall include representation of the parties
and the co-ordinating body, acting on behalf of the legal interests of each
participating party, with respect to losses and claims arising from or involving and/or
relating to the insolvency and ensuing bankruptcy of NCFE as described herein,
including analysis and determination of any third parties who or which might be held
responsible, whether on grounds of fraud, breach of fiduciary duty, negligence or
other grounds, for the said losses and claims;
6. The parties agree that for the purpose of pursuing the objectives and purposes of this
3
agreement, a separate nonprofit corporation, to be known as the "Arizona Public
Entity NCFE Loss Recovery Coalition, Inc." as authorized under A.R.S. § 11-952(A),
is created, to be governed by a Board of Directors consisting of nine (9) members
comprised of:
A. four (4) members representing Arizona municipalities, one each for the cities
of Chandler, Mesa and Scottsdale and one at -large member, to be appointed
by the League of Arizona Cities and Towns, representing the remaining
signatory municipalities;
B two (2) members representing Arizona counties, one member for Pima
County and one at -large member representing the remaining signatory
counties;
1. one (1) member representing the signatory school districts, community
college districts and universities;
2. one (1) member representing the signatory special taxing districts; and
3.. one (1) member representing the interests of the Gila River Indian
Community;
7. It is agreed that, in order to facilitate the expeditious implementation of this
agreement and promote its objectives, as an initial and temporary Chair of the Board
of Directors of the nonprofit corporation referenced in 16, the at -large municipality
member representative appointed by the League of Arizona Cities and Towns is
approved and appointed to serve in said capacity until such time as the full board of
directors may determine to elect a new or different Chair and/or vote to continue said
n
member as Chair on an indefinite basis;
8. It is agreed that for the purposes of this agreement relating to the identification and
selection of outside legal counsel as described herein, the nonprofit corporation
Board of Directors and/or initial Chair shall select and utilize the procurement code
and/or procedures of one of the public agency parties hereto to implement the
objectives of this agreement. If the selected procurement code or procedure requires
the signature of an officer, the board, through its Chair, is authorized to so execute.
The board is also authorized to utilize, to the extent practicable, agreements and/or
contractual procedures presently existing between parties and their respective
qualified outside contract legal counsel, if any, to facilitate adherence to the
requirements for the selection and retention of counsel for outside legal services
under circumstances implication litigation;
9. It is the intent of this provision that such existing outside legal counsel may be
utilized in a co -counsel role, as necessary, with any additional outside legal counsel
selected by the entity board and to facilitate representation of the parties in Arizona
by such selected counsel if not otherwise licensed in Arizona, including existing
outside legal counsel, new outside counsel or internally -employed legal counsel for
one or more of the parties;
10. The separate nonprofit corporation shall be invested with the authority to establish all
necessary policies and procedures, including bylaws, consistent with and in
furtherance of the implementation and attainment of the objectives of this agreement;
11. The initial interim Chair of the Board of Directors shall have the authority to execute
5
this agreement on behalf of and for the benefit of the parties, which authority shall
also include the power to execute the agreement with any additional qualified
participants desiring to join and to open and maintain a checking account for deposits
and disbursements of funds for the purposes and in furtherance of the objectives of
this agreement, all drafts against said account to require the signatures of the Chair
and one (1) other board member, provided, however, that said account shall be
opened and maintained at a financial institution which presents no conflicts of
interest with those of the participating parties to this agreement relating to its subject
matter;
12. The parties agree that, with respect to the identification, selection and retention of
any outside legal counsel for the purposes set forth herein, an affirmative vote of two-
thirds (2/3) of the board members present, including members participating by
electronic means, shall be required. The parties also agree that with respect to any
substantive matters other than the identification, selection and retention of outside
legal counsel coming before the board, a simple majority vote of the board members
present, including members participating by electronic means, shall be required,
provided that, any decision regarding whether to settle or compromise a claim on
behalf of any party shall be made only after consultation with and approval by such
pay;
13. It is agreed by the parties that a party having not already prepared and filed an
administrative claim against the State of Arizona relating to the subject matter of this
agreement pursuant to A.R.S. §§ 12-821, et seq., shall not file such a claim unless
R
pre -approved by a majority vote of the board and provided further that if any such
claim has been filed by a public agency seeking to join this agreement, the party
agrees to withdraw said claim;
14. The manner of financing the joint objectives of this agreement shall be to identify and
select, through the board and/or the Chair, acting on behalf of the board, such
competent outside counsel on the basis of said counsel's willingness to undertake the
representation on a contingent fee basis, with acknowledgment that out of pocket
costs and expenses will be determined and become the responsibility of the parties,
allocated to each on a pro-rata basis bearing the same percentage relative obligation
for allocated costs to the whole as the party's individual claim bears to the whole of
the aggregated parties' claims, provided, however, that, in the event that any selected
competent outside.counsel requires any "up front" cost retainer upon the condition
that said counsel will not "front" costs attendant to the representation and litigation,
the parties agree that they will each bear such costs, as billed, on the same pro-rata
basis as heretofore described;
15. The parties agree that, in recognition of the circumstance that certain expenses,
including initial "start-up" costs, may be incurred for necessary operational purposes
related to the objectives of this agreement, the parties -participants the County of
Pima, Arizona, the City of Chandler, Arizona, the City of Scottsdale, Arizona, the
Maricopa County Community College District and the Gila River Indian Community
agree to budget sufficient funds to address the said initial or continuing operational
costs related to the purposes of this agreement, apart from and in addition to any
7
litigation costs which may be incurred within the terms and conditions of 116 of this
agreement, and initially each will contribute to and deposit with the board, through
the Chair, the sum of Five Thousand Dollars ($5,000.00) for such operational
purposes, and such additional amounts as may by mutual agreement of said "start-up"
initial contributors be deemed necessary, contingent upon recognition by all other
parties hereto, as evidenced by such other parties' execution of this agreement, of the
right of each "start-up" fund contributor to an absolute right of reimbursement for
such sums from revenues recovered prior to distribution of any loss -claim recoveries,
and provided further that each party to this agreement, regardless of date of joining in
this agreement, shall be and become liable for such party's allocated costs, including
any costs accrued prior to such party's joining, if any;
16. The board shall be authorized to make binding decisions on behalf of and for the
benefit of the parties, to make pro-rata disbursements of monies recovered, if any, to
the parties and to make pro-rata billings for costs, if any, to the parties, provided that,
any decision regarding whether to settle or compromise a claim on behalf of any
party shall be made only after consultation with and approval by such party;
17. The permissible method to be employed in accomplishing the partial or complete
termination of the agreement shall be the giving of thirty (30) days' written advance
notice, together with a formal action by the parties' respective governing bodies, to
each member of the board of intent to disassociate from the intergovernmental
agreement, provided, however, that any and all allocated costs which have accrued to
such party prior to the giving of such notice, and formal governing body action
E
acknowledging the obligation, shall remain the obligation of such withdrawing party,
and provided further that, in the event that prior to such notice of disassociation, any
agreement shall have been executed on behalf of such party by the board with
competent outside counsel for the purposes described herein, any obligation of the
party for the payment of an allocated contingent fee, if any, from monies ultimately
recovered as a result of such counsel's services, shall also be satisfied or
acknowledged prior to the withdrawal becoming effective as to such party;
18. Any property, tangible, intangible, personal, real or mixed, which may be acquired
under the terms of this agreement will, upon partial or complete termination of the
agreement, be disposed of in accordance with the pro-rata distribution protocols
identified in 126 of this agreement;
19. With respect to any party to this agreement which is a school district as defined by
applicable Arizona law, such a party, by executing this agreement, accompanied by
written documentation that its participation has been first approved by the Arizona
State Board of Education acknowledges the application of the limitations on
extensions of this agreement as provided under A.R.S. § 11-952(I);
20. The parties agree that, subject to the other requirements of this agreement, the board
shall be authorized to identify, select, retain and supervise competent outside legal
counsel and direct such counsel to file actions intended to protect the interests of the
parties, each one of which parties shall be deemed to be a client for legal
representation purposes;
21. The parties agree that the board is authorized to admit additional participant parties,
9
subject to the provisions, conditions and restrictions of this agreement;
22. Not less than once each quarter, and more frequently as determined by events
identified by retained outside counsel, the Chair of the board shall report to the
members of the board on the status of the proceedings and respond to any questions
or concerns of individual parties in that regard;
23. Each party by execution of this agreement avers that it has complied with the
provisions of A.R.S. § 11-952(D) regarding submission of the agreement to its own
legal counsel for review and confirmation as to form and authorization as granted to
such party under the laws of the State of Arizona applicable to such party;
24. Each party acknowledges that finalized executed copies of this agreement shall be
filed with the Arizona Secretary of State pursuant to A.R.S. § 11-952(G) and that the
board is designated as the facilitating entity to ensure compliance with such filing
requirement;
25. It is agreed that this agreement is subject to the provisions of A.R.S. § 23-1022 and
that the parties post the notices required by such law;
26. The parties agree that the distribution table attached to this agreement as Exhibit "A"
is by this reference incorporated herein and made a part of this agreement, which
exhibit may be amended from time to time to reflect the addition of additional
participants not having executed the agreement contemporaneously with the original
signatories hereto, and that said table accurately reflects procedures for the
accounting for costs and the allocation of monies recovered, if any, on a pro-rata
basis, for the benefit of each party, provided that, included in the costs first to be
10
reimbursed are those relating to any advanced funds as described in T 15 of this
agreement, including the "start-up" cost funds heretofore referenced and contributed
by the parties there identified as providing said funds;
27. The parties agree and aver that, by affixing their authorized representatives'
signatures to this agreement, each has complied with any and all laws, rules and
regulations and has passed or enacted such necessary resolutions, ordinances or other
similar authorizations as are necessary for their execution of this agreement pursuant
to A.R.S. § 11-952(H);
28. The parties acknowledge and agree that this agreement constitutes the whole of the
agreement between and among all parties and the board and that its terms shall not be
altered or amended except in writing upon the concurrence of all parties, provided
that, in the event of the successful identification, selection and retention of competent
outside counsel by the board to represent the interests of the parties for the purposes
and objectives described herein, any such written legal retention contract executed
with outside retained legal counsel as provided herein shall be deemed to be a part of
this agreement and incorporated herein;
29. This agreement may be executed in multiple counterpart form, with each such
counterpart constituting a binding original agreement between and among the parties
and the board;
30. Nothing in this agreement is intended to create, nor shall any provision be construed
to authorize the creation of, a joint venture nor the creation of any rights in or of
third -party beneficiaries;
11
31. It is the intent of the parties and the board that this agreement and its provisions be
severable, such that if any portion or portions of the agreement are finally declared to
be unlawful or void in a court of competent jurisdiction, the remaining portion or
portions of the agreement which survive any such determination shall remain valid
and enforceable according to their terms;
32. Notice is herewith given of recognition of the application to this agreement of A.R.S.
§ 38-511 and Executive Order 99-4 and that the agreement is subject to cancellation
on the grounds of conflict of interest in the event of a determination of a violation of
either said statute or executive order, the terms of which statute and executive order
are by this reference incorporated herein;
33. This agreement is entered into on the date set forth in I 1 above.
PIMA COUNTY, ARIZONA CITY OF CHANDLER, ARIZONA
By: By: —
Title: Title:
Approved as to form:
LE
ACCEPTANCE OF OBLIGATIONS:
Approved as to form:
Arizona Public Entity NCFE Loss Recovery Coalition, Inc
By:
Title: Chair
EXHIBIT "A"
12
The following table identifies all of the original participants in the intergovernmental
0-
agreement to which this exhibit is attached, along with their original investment losses expressed as
A
both a dollar amount and as a percentage of the overall total loss of the original participants.
As and when additional participants may join following the date of sianinc, by the oricrinal
participants, a revised exhibit will be prepared reflecting newly calculated loss claims and
corresponding percentage figures to be utilized for the purposes of cost allocations and revenue
distributions as may accrue to the participants in the course of performance of the provisions of the
agreement, such revised exhibit being deemed to be a clerical revision not constituting a substantive
amendment otherwise requiring formal approval as an amendment to the agreement.
All expense and cost allocations and all pro-rata recovered revenue distributions shall be
made in strict conformity with the table percentages hereinafter set forth.
13
Om
(Finalized list in process)
14
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:❑ Regular:®
Meeting Date: 6/5/03
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action:®
Tvne of Document Needing AADroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
Council Prioritv(Check ADDTOnriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wordinjj: Consideration of a TEMPORARY USE PERMIT to allow outdoor retail sales (aka
Farmer's Market) on a portion of Lot 1 and Lot 2 of the Plaza Fountainside Final Plat to be held every Tuesday of
APN the week beginning June 10, 2003 for a period not to exceed 50 one -day events under this temporary use permit,
Case #TU2003-04.
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 applicantS, Tom Young and Loras Kotz,
are proposing an open-air market to be held every Tuesday beginning June 10, 2003 for a period of fifty (50)
events, expiring on June 10, 2005. Please see the attached site plan and staff report for further details.
List All Attachments as Follows: Staff Report; Letter of Opposition; Application
Type(s) of Presentation: Powerpoint
Sil4natures of Submittinjj Staff:
D partment Head
Tow anager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING DIVISION
TOWN COUNCIL MEMO
TO: Honorable Mayor and
DT: May 28, 2003
Town Council
FR: Dana Burkhardt, Senior Planner
RE: Case # TU2003-04; Temporary Use
request for Outdoor Retail Sales
LOCATION: 12645 N. Saguaro Blvd., aka Lot 1 & 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 & Tom Young
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 applicantS, Tom Young and Loras Kotz, are proposing an open-air
market to be held every Tuesday beginning June 10, 2003 for a period of fifty (50) events, expiring
on June 10, 2005. Please see the site plan attached with the application.
EAVALUATION:
On January 16, 2003, the Town Council approved a temporary use permit for outdoor retail sales
on the subject property, with stipulations. As a condition of that approval, the Town Council
amended the Zoning Ordinance on April 3, 2003, to allow outdoor retail sales activities to occur on
intermitting days if approved by Council. Prior to the amendment, outdoor retail sales and similar
activities could not exceed seven consecutive days under the same temporary use permit. The
Town Council approved the previous temporary use permit through May 31, 2003, at which time
the applicant would need to reapply under the amended Zoning Ordinance.
The Town has not been made aware of any adverse impacts from this activity. The applicant did
violate the prior approved temporary use permit, by locating vendors on a portion of lot one. The
applicant was informed of the violation and did bring the activity into conformance with the
approved plan. This application is modified from the original "farmer's market" use permit to
include a portion of the hardscaped area on lot one. The application, as presented, conforms to the
temporary use regulations of the Zoning Ordinance.
The applicant is aware that a business license is required for each individual vendor at the proposed
site, pursuant to §8-1-10 of the Town Code regulating retail merchants. Staff recommends a
stipulation to require each vendor to provide written consent from the property owner to locate on
the site, to be submitted with, and in addition to, each vendor's business license application.
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. The combined parking should be
sufficient due to the limited schedule of the open-air 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 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 and trash
maintenance during each event. Restroom facilities are provided at the co -applicant's business
located directly north of Lot 2, and the park restroom facilities are also available.
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 received one letter of protest from a vendor of this market. The objector, Paul Kadavy,
disagrees with the property owner's authorization of Loras Kotz as the applicant. The objection is
based on the management of the private business activities and not subject to the Town's discretion
of the temporary use for compatibility with the surrounding uses.
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, signage, and
barricades or similar methods, to be approved by Town staff, prior to public access.
2) All signage shall be approved by separate permit.
3) The open-air market shall be open to the public between the hours of 9 A.M. and 5 P.M.,
each Tuesday. All items and equipment for the open-air market must be removed from the
site at the end of each business day.
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) 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.
7) Each vendor shall be required to obtain a business license pursuant to §8-1-10 of the Town
Code (retail merchants... with a fixed place of business within the town limits...). At time
of business license application, each vendor shall submit to the Town, written consent from
the property owner to locate on the site.
8) The applicant shall provide a list of all vendors' State of Arizona Sales Tax Identification
number and lease space number to the Town Accountant, or his/her designee, on a monthly
basis.
9) The applicant shall notify the Town in writing if the event is not going to be held, at least
three days prior to the date of the event. If the Town is not informed and the event is not
performed, that day will be counted against the 50 events per calendar year.
TOWN OF FOUNTAIN HILLS
MAY 2 7 2003
Paul D. Kadavy
16653 East Kingstree Boulevard
Fountain Hills, Arizona 85268-5439
Phone: 480-836-9855
May 27; 2003 - 3:45 p.m.
Mr. Dana Burkhardt
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
Re: Petition for Permit by Plaza Fountainside, LLC on behalf of Loras Kotz
to operate a Farmer's Market at 12645 N. Saguaro Blvd a/k/a Lot 2 of the
Plaza Fountainside Final Plat
Dear Mr. Burkhardt:
Please consider this letter as my written appeal/protest to the above requested
permit. I understand that a hearing on the permit application will be held by the
Fountain Hills Town Council on June 5, 2003 at 6:30 p.m. I respectfully request
that I be granted time to testify at the hearing.
Sincerely,
Paul D. Kadavy
t
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a
30 00
at is Ate'
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT For
CaseoMa algere Only
Fountain Hills, Arizona
;GENERAL APPLICATION
s Temporary Use Permit Grand Opening Sign Permit
Continuance Request (Maximum 14 Days)
Administrator's Interpretation or Appeal
NATURE OF THE REQUEST:
DURATION REQUESTED (Temporary Use or Grand Opening):
From /,1 .2 Z To ' C G S
PROJECT NAME
GFL./) .�:lr2S%ClE /�ct�'i1�f"✓�� f%(Gi�-�!'- l�
LEGAL DESCRIPTION
OROPERTY ADD
Plat Name
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Block
Lot
Mrs. Applicant:
Day Phone
Mr.
Ms. Address:
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city. ��
ty. State: - - Zip:
Mrs. Owner:
Day Phone S/,f� -E
Ms. Address:
City: State: -ez— Zip:
If application is being submitted by someone other than the owner of the property under consideration, the section below
be completed,
l
SIGNATURE OF OWNE
DATE ? �3
��`°�
I HEREBY AUTHORI E
TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of
TILING DATE: FEE PAID:
My Commission Expires
(See Fee Schedule)
General Application Page 1 of 3 OK
c��21,E /
�
19
ACCEPTED BY:
Case Number
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Fam
45.61'
IR81,
moKrg
.JRr-- Eo
IN THE MATTER OF THE APPLICATION BY PLAZA FOUNTAINSIDE tf, 0 I
�.. BEHALF OF LORAS KOTZ FOR A TEMPORARY OUTDOOR RETAIL SALES
PERMIT TO OPERATE THE FARMER'S MARKET
Appeal/Protest by Paul D. Kadavy at Town Council Hearing, June 5, 2003
Mayor, and Town Council members... my name is Paul Kadavy and I live on
Kingstree Boulevard. In addition to being a resident of Fountain Hills, I have been
one of the vendors this past season at the Farmer's & Craft Market located at
Fountainside Plaza.
The Farmer's & Craft Market is one of the better ideas to have come to Fountain Hills
recently. And for that we have Monique and Marty Lightner to thank. They had the
original idea, they organized it, and they run it every week during the season it's in
operation. It was astonishing to see how fast the market grew in its first season and
how much interest it generated among vendors, the residents and the snowbirds.
Naturally any rapidly expanding venture of this kind is going to have some growing
pains, and the Market was no exception. The Lightners have given countless hours of
their time, borne personal expenses and have endured endless frustration in making
this work. But what the Lightners are doing for Fountain Hills by creating and
running the Market is a breath of fresh air during these difficult economic times for
our community. What's more, it's been a shot in the arm for some of the businesses at
the Plaza Fountainside.
As a vendor, I have an agreement with Monique and Marty governing my
participation in the Market, as do all of the other vendors. One of the provisions is
that we pay a weekly fee per event to set up our wares. Results vary, but the vendors
usually make enough money to justify being there, but not more. Since my
agreement was with the Lightners, I was surprised that Loras Kotz, one of the
merchants at Plaza Fountainside, was the person who collected my fee from me
every week. What I found out from Town staff was that he had obtained permission
from the property owner for the Market to be operated there and he held the
previous permit issued by the Town.
You have before you tonight a new application by Plaza Fountainside for a permit,
again on behalf of Loras Kotz, to operate the Market for 50 uses, since the previous
permit apparently expired on May 31. All of us, including the Lightners, were under
the impression that the previous permit had been issued for a period of two years.
Then, to our surprise, one day signs appeared on the Plaza property indicating that a
hearing would be held tonight to consider a new permit.
I am here to advocate that this permit should be issued to Monique and Marty
Lightner, the originators of the Fountain Hills Farmers & Craft Market and the
current operators of it, rather than to the applicant. I have been told by staff that the
.. Town doesn't particularly care who the permit is issued to, as long as they know
who to go after if there is a problem. It seems to me to make a great deal of common
sense, however ... and certainly a sense of fairness... that the permit holder should be
the individuals who are responsible for the creation of the Market and who also
actually operate it week after week.
When I started selling at the Market, I asked the Lightners why Mr. Kotz, was the
holder of the permit and was collecting the money from the vendors. I was advised
that the Lightners had been in contact with Mr. Kotz in the early stages of
establishing the Market. Perhaps seeing an opportunity to also benefit the Plaza
Fountainside, I assume Mr. Kotz offered to help arrange things with the property
owner and obtain the permit. Whether Mr. Kotz has personally benefited financially
from his arrangement is a matter of conjecture among the vendors, but is not known
by us.
I have learned from staff that a non-resident is equally qualified to hold a Town
permit for something such as the Farmer's & Craft Market. It just doesn't make any
sense to me for the Town to issue a permit to a middleman when it can be issued
directly to the event operator ... the person that the Town should want to hold
responsible for what takes place there. By issuing the permit to Mr. Kotz , the Town
gives complete authority to him, which in my opinion, and in the opinion of other
vendors, is just not right. This has not only created confusion and turmoil regarding
who has the authority to operate the Market, but also raises issues of financial
accountability. Many vendors have asked for receipts when we have paid our fees to
Mr. Kotz, but none have ever been forthcoming. We have been told that our money
was used for advertising, but you don't have to be a retired bank president, which I
am, to know that the small amount of advertising that was done just doesn't add up
to all that was collected from us. I'm not necessarily suggesting that anything
inappropriate has been done. I'm just saying that we don't know where the money
went.
All of us involved in the Market were excited about making it work ... for us and for
the Town. It should be a fun experience for us as vendors as well as for the residents
and our visitors. The Lightners have totally dedicated themselves to its success.
Without them, the Market as it has been, would not have existed. I believe many
other vendors would allow me to speak for them, but I will only purport to speak for
myself when I say my experience with the Market clearly tells me that granting a
permit directly to the Lightners to operate the Market is in the Towri s best interests
as well as the interests of the vendors and our customers.
I realize that the property owner, Plaza Fountainside, must provide written approval
to utilize the Plaza property for the Market for any applicant to obtain a permit from
2
IR
the Town. Therefore, I respectfully request that action on the permit application
before you be denied, or at least postponed. I believe that the Lightners should be
given a reasonable time opportunity, if they wish to have it, to discuss an
arrangement with representatives of the Plaza Fountainside whereby an application
can be filed by the Lightners for a permit in their name to operate the Market. If the
Lightners wish to enter such discussions with the property owner and they prove not
to be fruitful, the Lightners should be given an opportunity to apply for a permit to
operate their Market at a different Fountain Hills location, as was being considered
before it was established where it is now.
It's my belief that it would be in everyone's best interests for the Market to remain at
the Plaza Fountainside, and I would hope that the discussions would achieve that
result. But more than anything, I believe for operational effectiveness and out of a
sense of fairness and accountability to the Lightners and the vendors, the Town
should grant a permit to operate the Market directly to Monique and Marty Lightner.
Thank you for allowing me to address you this evening.
3
06/03/03 17:07 FAX 4803140099 KIMCO'5 5HEA 001
:FAX °T:O j TOWN_ O F FOUNTAIN •H I L•LS..
(480) 83 7-3'145
1
16836 East Palisades
{ Fountain 'Hil•Is
Arizona .85268
• r
• I
TO ; MAYOR &TOWN COUNCIL MEMBERS
I •
I
I •
06/03%03 17:07 FAX 4803140099 KINKO'S SHEA 16002
Dear Mayor alid Town Council Members:
This letter to you is frorr► vendors of the Tuesday Farrer's & Craft Market
in Fountain Hills at Fountainside Plaza. We understand that the council
will take into Consideration on June 5 another application by Loras Kotz
for a permit t.6 operate the Farmer's Market,
First we would like to apologize for not signing this letter. You may not
give it the consideration that you would otherwise give it since it is not
signed. The reason we have not signed it is due to subtle intimidation
that Loras Ko,tz has inflicted upon a few people during the Farmer's
Market. If we, complain he can see to it that these people are no longer
involved with the market. He has even threatened to cancel the permit at
times. I assure you we are not troublemakers for anyone. And since for
many of us participation in such markets is our livelihood, we cannot
afford to risk saach a loss.
Most of us ha�Iie participated in other markets in the valley, elsewhere in
the state and.6ut of state, but the Fountain Hills Farmer's & Craft Market
is one of our favorites. it is a fun place to be, and Monique and Marty
Lightner have' done an outstanding iob in starting and managing and
runningthis market.
Mr. Kotz has told some of us that the Chamber is against the market . He
told us that he held the permit and that it was good for 2 years.
Sometimes Mrs Kotz would allow some of us to set up on the east side of
the building, vOich we liked because we did not have to put up with the
blowing dust and dirt. At other times he would not allow it, as he said Mr.
Kavanaugh of the Council was to blame and that the Council member
had called us &bunch of gypsies,
Mr. Kotz collects our money every Tuesday. We also were allowed to set
up during the Fountain Hills Fair. In talking among ourselves we found
that Mr. Kotz had discriminated among the vendors —some were asked
to pay more than others. We understand Mr. Kotz has influence and of
authority with ''the Town Council. We can't complain to him for fear of
intimidation and being told to move on, all while boasting about his huge
increase in clothing sales at his own store. Some of us got to wondering
06/03/03 17:07 FAX 4803140099 KINKO'S SHEA
0
[in 003
about the advertising Mr. Kotz said he would do and inquired about how
our money w-Ls being spent. We were also concerned that Monique and
10arty weren't being paid anything for all of the work they were doing. In
fact, they weri: doing all of the work, so we told him that they should be
paid. Also, evhn though Mr. Kotz held the permit, he didn't arrange for
any insurance,, which is a big issue, During the market a vendor got hurt.
When the vendor spoke to Mr. Kotz he said that he didn't carry insurance
for it. We understand that Monique and Marty have arranged for
insurance at tP eir own expense.
As vendors, our contract is solely with M & M Events (which is Monique
and Marty Lightner). We know firsthand that the Lightners work
relentlessly and selflessly to make this market a success, not only to
organize and 4•un it, but also to promote its success to many different
groups to brin, visitor traffic to us. Because we have been misled by Mr.
Kotz, in the past we are scared that our future is subject to his whims if
you grant him' the permit again. If he is granted the permit, and if we
were to sign this letter, we know what his retribution would be.
We plead with' the Mayor, Town Council and Chamber to issue a permit
which would allow us to continue the market. Please consider and grant a
permit to M & M Events, Monique and Marty Lightner, because we have
written and siped contract with them for 2003 and 2004, and because
we know that we cart trust there to do the right thing for us, the property
owner, our customers and for Fountain Hills. We are confident together
we can make the Fountain Hills Farmer's & Craft Market the best in the
state of beautiful Arizona. Thank you all. We hope you will take our
requests into consideration. Again we offer our apologies for not putting
our names in i�riting,
Respectfully,
VENDORS OF FOUNTAIN HILLS FARMER'S & CRAFT MARKET
2 JUNE 2003
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting
Submitting Department: Planning & Zoning
Consent:❑ Regular:®
Meeting Date: 06/05/03
Contact Person: Denise Ruhling, Planner
Requesting Action:®
TVDe of Document Needinu ADDroval (Check all that a
® Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
Council Prioritv (Check ADDronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: PUBLIC HEARING to receive comments on a request for a SPECIAL USE
PERMIT to allow a maximum height of 40 feet and to allow residential use in the Town Center Commercial
zoning district located on Lot 2, Plaza Fountainside north of El Lago Boulevard, east of Saguaro Boulevard.
and Consideration of the SPECIAL USE PERMIT to allow a maximum height of 40 feet and to allow residential
use in the Town Center Commercial zoning district located on Lot 2, Plaza Fountainside north of El Lago
Boulevard, east of Saguaro Boulevard.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This is a request for approval of a Special Use Permit to allow
a maximum height of 40 feet instead of the allowed 30 feet and a residential component to be located on the
second story of a retail building within the TCC zoning district. The proposed building is a mixed use of retail
and residential. The first floor of the proposed building includes 13,800 square feet of retail space. The second
story of the proposed building will include residential units providing approximately 16 bedrooms. The number
of one and two bedroom units is still to be determined. The applicant is requesting that the 40-foot height be
allowed to accommodate architectural design and additional space for the residential component. The proposed
building also includes an underground parking area, which will be used for parking, storage and mechanical
facilities. See attached staff report for detailed information.
List All Attachments as Follows: Application, Narrative, Parking Analysis, Site Plan.
Type(s) of Presentation: Powerpoint
Signatures of Submitting Staff:
r
Ddpartment Head
G�
5 3
TownManager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and Town Council
DT: June 5, 2003
FR: Denise Ruhling, Planner-�
RE: Plaza Fountainside Lot 2 Special Use
Permit. Case #SU2003-01
This request is for approval of a Special Use Permit to allow a maximum height of 40 feet
instead of the allowed 30 feet and to allow residential use in the TCC zoning district.
APPLICANT:
OWNER:
EXISTING ZONING:
EXISTING CONDITION:
Tom Young
Plaza Fountainside L.P.
"TCC"
Vacant Commercial
SURROUNDING LAND USES AND ZONING:
NORTH:
Mixed retail; zoned "TCC"
SOUTH:
Commercial Vacant; zoned "TCC"
EAST:
Fountain Park; zoned "OSR"
WEST:
Vacant Commercial; zoned "TCC"
SUMMARY:
This is a request for approval of a Special Use Permit to allow a maximum height of 40 feet instead
of the allowed 30 feet and a residential component to be located on the second story of a retail
building within the TCC zoning district.
The proposed building is a mixed use of retail and residential. The first floor of the proposed
building includes 13,800 square feet of retail space. The second story of the proposed building will
include residential units providing approximately 16 bedrooms. The number of one and two
bedroom units is still to be determined. The applicant is requesting that the 40-foot height be
allowed to accommodate architectural design and additional space for the residential component.
The proposed building also includes an underground parking area, which will be used for parking,
storage and mechanical facilities.
Parking is partially accommodated by the shared parking agreement for the Plaza Fountainside and
partially by the proposed underground parking. The parking requirements have been reviewed and
calculated by Dana Burkhart, Senior Planner and are attached to this report. The analysis shows
that additional number of parking spaces will be required in the underground parking garage. Exact
number to be based upon type and number of dwelling units proposed.
Loading facilities are accommodated by the shared parking agreement and placement of loading
Plaza Fountainside Special Use Permit
Case Number SU2003-01
spaces within the Plaza.
Refuse Containers will be accommodated within the underground parking structure.
A proposed common area will provide additional landscaping opportunities and will be in sync
with the existing development within Plaza Fountainside.
EVALUATION:
The zoning ordinance allows the Town council to approve a building height of up to forty feet
within the TCC zoning district to allow for movie theaters or architectural features that improve the
elevation of a building. In addition, the existing building at Plaza Fountainside has a height of 35'.
The zoning ordinance also allows Multi -family residential dwellings within the TCC zoning district
by Special Use Permit. This use must meet the regulations set forth in the M-3 zoning district
unless those regulations differ from the regulations contained in the TCC district in which case the
TCC regulations shall apply.
The General Plan addresses the mixed retail/residential components and supports this type of
development. Specifically, Goal Four of the Growth Element states
Objective 4.1
The Town should encourage development of mixed -use housing in the Town Center to be
�%W used as an opportunity to provide a variety of housing types. Loft and studio apartments that
have single -vehicle parking requirements should be added to the existing housing stock in
the Town.
Objective 4.2
Mixed -use housing/retail/office areas should be one option considered in the Saguaro
Boulevard Commercial Corridor Study and the Fountain Hills Boulevard North Corridor
Study.
Goal Three of the Land Use Element states:
Objective 3.4
Particular attention should be given to attracting small and medium sized businesses as
participants in a mixed -use project, and uses that promote day and evening activities are
especially desirable. Residential uses within the mixed -use area should be high density,
and projects that can accommodate commercial or office uses at the street level, with
residential on upper floors are encouraged.
The above statements are referred to or made often throughout the General Plan. Thus, this
application is in conformance with the General Plan, Zoning Ordinance and community
visioning.
The Planning & Zoning Commission reviewed this application at their May 8, 2003, meeting in
Page 2 of 3
Plaza Fountainside Special Use Permit
Case Number SU2003-01
Public Hearing. No public input was given. Concerns expressed by the Commission were
r.• regarding site design issues. The Commission voted to recommend approval of the Special
Use Permit with stipulations as outlined in the Staff report by unanimous vote.
RECOMMENDATION:
The Planning and Zoning Commission and staff have concerns relating to the underground
parking access, placement of the building, and possible encroachment into the Town owned
parking lot. Staff supports the concept of the use but would like to see additional information
provided prior to Concept Plan approval. Thus staff is recommending approval of the Special
Use Permit with stipulations.
The Planning & Zoning Commission and staff recommend approval of Case #SU2003-01 a
Special Use Permit "to allow a maximum height of 40 feet instead of the allowed 30 feet and to
allow residential use in the TCC zoning district" at Plaza Fountainside Phase 2, Lot 2 with the
following stipulation:
Based upon the requirements of the M-3 zoning district this site is limited to 16 dwelling
units or the maximum number of dwelling units allowed per the parking requirements as
outlined in section 7.04 G of the zoning ordinance. It is feasible, based upon required
parking, that the number of units will be reduced.
Applicant must submit for review and approval by the Planning & Zoning Commission a
complete site plan including architectural plans, grading and drainage plans, building
placement and other issues.
Page 3of3
PBA 1 /02
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT
Fountain Hills, Arizona
Area Specific Plan or Change
General Plan Amendment
Plan of Development
Zoning Change
Variance
Condominium Plat
NATURE OF THE REQUEST:
UUtr
For Official Use Only
Case Manager:
-'APPLICATION -Y_5 Po2O6aJ—OI
Preliminary Plat
Cut/Fill Waiver
✓ Special Use Permit
SU Comprehensive Sign Plan
HPE Change or Abandonment
PROJECT NAME
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Mrs. Applicant•� �-n Yrre-6PSI- ZZXS
✓Mr. v' Day Phone
Ms. Address:
City: / State: 142 Zip; 9
Mrs. Owner: aza ,��,,, ;.,�� ,(,0 "'?47491Q-zz�
Mr. Day Phone —
Ms. Address: City:
State:�--
If application is being submitted by someone o than the owner of the property under consideration, the
section below must be completed.
SIGNATURE OF OWNER DATE
I HEREBY AUTHORIZE TO FILE THIS APPLICATION.
Please Print
Subscribed and sworn before me this day of 20
Notary Public My Commission Expires
FILING DATE: FEE PAID: 5 a0 ACCEPTED BY:
(See Fee Schedule)
-� 56 -t 155 °_ /"w
Application
Page 2 of 1 1
a^sr•Genera Aoai,canon - Puonc recnng aoc
The Town of Fountain Hills
LEGAL DESCRIPTION
Plat Name Block Lot
PROPERTY ADDRESS
PARCEL SIZE Acres 5
� / ASSESSOR PARCEL NUMBER
NUMBER OF UNITS PROPOSED �6 �'� TRACTS
EXISTING ZONING: 7—c-C— PROPOSED ZONING c
Application
Page 3 of 11
- \;orrns\General Aophcotion - Puolic Heoring.00c
tw�,
maximum of 16 bedrooms divided between one and two bedroom separately titled
units with an underground parking facility below.
The fully secured underground parking facility will provide one parking stall per
bedroom, and have an elevator up. Surface parking will provide the visitor
requirement. The underground will provide storage units for each residential unit
as well as handling all the garbage from the residential component. It will also
provide the mechanical and electrical facilities. We are trying to create life on the
park and in the downtown center to Fountain Hills.
Technical Points:
Any development on this site will follow the Guidelines set out in the Shared
Parking Agreement and Town Ordinance mandating a minimum requirement of 1
stall per 250 square feet of Retail/Office use or 1 stall per 50 SgFt of Restaurant
Public Space including Designated Patio Space and 1.25 stalls per one bedroom
Residential unit and 2.25 stalls per two bedroom residential unit.
Loading facilities, are provided in the center of the Common parking area already
in existence.
Landscaping for the entire site was provided in Phase One. and all landscaping
will be of the same theme and extent. Special care will be taken with the El Logo
side of the project.
The Park side open area, or inside of the "L" created by the building will be open
common area continuing the open common area provided by Phase I. The row of
trees and statuary in existence between Phases I and III will form the center of the
promenade between the buildings, leading to the open common areas and the Park.
Plaza Fountainside Lot 2 is 63.234, SgFt or 1.4517 acres.
We are very excited about this project. and look forward to proceeding as quickly
as approvals. drawings and approvals can be achieved, thereby finishing out this
development as a beautiful addition to the Town of Fountain Hills. Thank you.
1
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ENGINEERING A MANAGEMENT, .
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date:, 6/5/03
Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner
Consent:❑ Regular:® Requesting Action:® Report Only:,❑
Tvne of Document Needinz Approval (Check all that appl
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ® Special/Temp Use Permit
❑ Other:
.����
Council Priority (Check Anoronnat Areas
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
® Community Development
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
® Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
Regular Agenda Wording: PUBLIC HEARING to receive comments of a request for a SPECIAL USE
PERMIT to allow a 145-unit multiple -family residential condominium project in the "C-2" Intermediate
Commercial Zoning District, located at Final Plat 208, a portion of Block 1, Block 8, and the abandoned portion
of Verde River Drive. Case Number SU2003-02.
Staff Reconnnendation: Approve
No $
Purpose of item aJBacltgrounitTnformation: Staff has combined the reports for the Special Use Permit and
Preliminary Plat for "Town Center III Condominiums". This request by KM Development Corp. is for approval
of a Special Use Permit to allow a 145-unit multiple -family residential condominium project in the "C-2"
Intermediate Zoning District. On May 15, 2003, the Planning and Zoning Commission recommended approval of
this request on a 5-2 vote. Please see the attached report for further details.
List All Attachments a�iFollows Staff Report; Letter from P & Z dated 5/29/03; Application & Preliminary
Plat reductions; 24"06" Plans
TyAe(s) of Presentation: Powerpoint
Signatures of Submitting Staff:
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
TOWN COUNCIL MEMO
TO: The Honorable Mayor and Town Council
DT: May 28, 2003
FR: Dana Burkhardt, Senior Planner
RE: SU2003-02 & S2003-02; Special Use
Request and Preliminary Plat "Town Center III
Condominiums", a 145-unit multi -family
project
LOCATION: Final Plat 208, a portion of Block 1, Block 8, and the abandoned
portion of Verde River Drive.
REQUEST: Consideration of the Special Use Permit and Preliminary Plat for
"Town Center III Condominiums", which is a replat of Final Plat
208, a portion of Block 1, Block 8, and the previously abandoned
portion of Verde River Drive, a 15.6 acre, 145 unit condominium
subdivision proposed in a "C-2" Commercial Zoning District.
OWNER: MCO Properties, Inc.
APPLICANT: KM Development Corp.
EXISTING ZONING: "C-2" Intermediate Commercial Zoning District
PARCEL SIZE: 15.6 ac (679,422 sf)
SURROUNDING LAND USES AND ZONING:
NORTH:
Vacant property; zoned "C-2"
SOUTH:
El Lago Blvd and Multiple -family developments; zoned "R-4"
EAST:
Saguaro Blvd and The Plaza Fountainside; zoned "TCC"
WEST:
Future Performing Arts Center; Town -owned land; zoned "C-2"
SUMMARY:
Staff has combined the reports for the Special Use Permit and Preliminary Plat for "Town Center
III Condominiums". This request by KM Development Corp. is for approval of a Special Use
Permit to allow a 145-unit multiple -family residential condominium project in the "C-2"
Intermediate Zoning District. The Preliminary Plat request associated with this Special Use
request includes: 1) the assembly of a portion of Block 1 with the abandoned portion of Verde
River Drive right-of-way and Block 8, of Final Plat 208, to a single lot; and 2) a condominium
subdivision with on and off -site improvements.
The preliminary plat for "Town Center III Condominiums" is a proposed 145-unit gated multi-
family condominium project, with a common swimming pool and amenity area. There are two
gated points of ingress/egress proposed for this development. Both access locations are on the
north side of El Lago Boulevard, separated by approximately 700'. Both entrances are designed
with two (2) twenty -foot wide one-way drive -aisles divided by a nine -foot landscape median.
The private interior roadway system is located within an access and utility easement owned and
maintained by the property owners association. The proposed interior roadway is a 26-foot wide
paved drive -aisle, with two (2) 62-foot radius cul-de-sac bulbs and a five-foot sidewalk located
on one side. The proposed interior sidewalk system is designed to connect to the proposed eight -
foot meandering sidewalk located along the El Lago Blvd., Saguaro Blvd., and Stewart Vista
Ave. street frontages.
This condominium subdivision proposes a total of 328 non -tandem parking spaces on -site, and
also provides the potential for tandem parking locations in the driveways of a majority of the
dwelling units. Each dwelling unit has an enclosed garage and a private patio or balcony. The
maximum livable area is 1,835 square feet, the minimum livable area is 1,315 square feet. The
site plan consists of 29 buildings, each identical in design, containing five dwelling units per
building. The maximum proposed building height as measured from the existing topography
does not exceed 30 feet at any location. All residential buildings have a 30-foot structure height
above the finished floor and the amenity building is approximately 13 feet in height.
The applicant intends to record a Declaration of Condominium to sell the units individually. The
proposed amenity area and community pool, as well as all common areas, will be owned and
maintained by the condominium association. The site plan proposes three central mailbox
locations throughout the project. Trash pickup service would be individual for each unit, and the
container is stored within the garage. A five-foot wrought iron view fence is proposed between
each of the perimeter buildings to enclose the site, with exception to pedestrian gate access at the
sidewalk locations.
EVALUATION:
Conformance with the General Plan & Town Center Development Agreement
The General Plan Land Use Map designates this property for mixed use. Multi -family medium
and high density land uses are particularly encouraged in the Town Center area between existing
residential and commercial areas or as buffers to lower density residential areas located along
arterial roadways, or adjacent to commercial areas.
The Town Center III Development Agreement as amended by the 1998 Firerock Country Club
Development Agreement (Section J.2(d)) with MCO Properties provides that:
"(c) The Town shall act in good faith to consider each Special Use Permit
application on its merits and shall approve those applications which meet the
Town's applicable development standards, including the terms provided in this
paragraph. The Town shall retain its rights to reasonably consider such
conditions as it deems relevant in acting on any Special Use Permit application
for multi -family projects, including apartments, townhomes and condominiums,
on the basis that the density is 18 or fewer units per acre. Special use permits for
all multi -family projects within the Town Center area shall not exceed a total
of 400 units, and, for any single project, shall not exceed 233 units. The Town
shall retain its discretion to consider such conditions, as it deems relevant when
arriving at a decision that a particular application would have a detrimental effect
., on adjacent properties. As an example, in considering such items as it deems may
have a detrimental effect on adjacent properties, the Town may consider such
items as open space, site plan, four sided elevation designs and project amenities."
(emphasis added).
To date, the Town has approved 297 dwelling units by Special Use in the Town Center pursuant
to the development agreement. The Town Attorney and Staff have concluded that Town Council
approval of any special use request in the town center in excess of 400 dwelling units is solely
discretionary and the provisions of the above section do not bind the Town. The Town is only
bound to the multi -family provisions of the development agreement, including the ordinances
and standards enforced at the time of the agreement for the first 400 dwelling units. If approved,
this multi -family project will exceed the 400 units agreed upon; therefore the Town Councils
review of this project is entirely discretionary, unbound by the multi -family provisions of the
development agreement.
Conformance with the Zoning Ordinance
This project has been designed with a minimum building setback of 20 feet along the front and
street side property lines. Past approved special use requests for multiple family dwelling
projects in commercial zoning districts have conformed to the minimum setbacks and zoning
regulations for multiple family zoning districts, particularly the minimum 30-foot building
setback requirement. The applicant is requesting a 20-foot minimum setback to allow for
additional open space within the project and for the following reasons as stated by the applicant:
"Due to the large corridors and Right of Way dimensions along Stewart Vista, El Lago
and Saguaro [Boulevards], we are requesting the 20' setback. Also, as you will notice
on the site plan, many buildings are skewed to the setback line and many are set back
more than 20 feet. This creates an "average" setback well exceeding the 30 feet
requirement. Also, the site density is significantly lower than allowable, which creates
a "open" feel for the community. Also, as stated in response #5, we cannot obtain the
required parking with the 30' setback."
Other than the minimum building setback requirement, this request is in substantial conformance
with the "M-2" Multiple -Family Residential Zoning District requirements. The proposed density
of this project is 9.3 dwelling units per acre, which is below the allowable maximum "M-2"
density of 10 dwelling units per acre. The approved development agreement permits densities up
to 18 dwelling units per acre. The proposed site design conforms to the maximum 30 foot
building height allowed in the "M-2" Zoning District as measured from natural grade, where 40
foot is allowed in the existing "C-2" Zoning District. The minimum building separation required
is equal to the building wall height of 20 feet. The applicant is requesting a two -foot roof
overhang to encroach within the 20-foot building wall separation for approximately six (6) of the
29 buildings. The minimum drive aisle width and the required parking spaces are also in
conformance with the "M-2" Zoning District standards.
This preliminary plat conforms to the minimum setbacks of the "C-2" Zoning District in which it
., is located. The "C-2" Zoning District regulations allow for a minimum setback equal to the
adjacent abutting residential district setback, but not to exceed 25 feet along El Lago Blvd.
Buildings 13 and 14 of the preliminary plat are the only buildings that respect a 20-foot setback
along the El Lago Boulevard frontage. All other buildings along El Lago respect a minimum 40-
foot setback, where the existing "C-2" Zoning District permits a 20-foot minimum building
setback.
Building five is the only building along the Saguaro Boulevard street frontage that respects the
20-foot minimum building setback. No other buildings along the Saguaro Blvd. frontage are
located within 40 feet of the property line. The Planning and Zoning Commission has stipulated
that the building five location be revised to respect a 30-foot minimum building setback.
All buildings located along the Stewart Vista Avenue frontage respect a 20-foot minimum
building setback. The existing"C-2" Zoning District permits a ten -foot minimum building
setback, or the height of the abutting building wall plane (20 feet), as this preliminary plat is
designed. The Stewart Vista Ave. frontage abuts future retail and commercial development that
will respect similar building setbacks. The actual distance from the Stewart Vista Ave. street
curb to the proposed buildings is approximately 43 feet.
The rear yard setback is located adjacent to the future Performing Arts building, along the
westerly property boundary. Typically, Staff has required multi -family developments to provide
a minimum 30-foot building setback in accordance with the "M-2" Zoning District requirements.
The preliminary plat provides a 20-foot minimum building setback, and the existing "C-2"
Zoning District allows for a zero lot line setback. Building 26 is located approximately 40 feet
from the closest point of the future performing arts building.
If this property were developed as a commercial use, the existing minimum setbacks and
maximum building heights would allow development with a substantially greater visual impact
to the surrounding properties. The development of this property as commercial would also allow
uses that may have adverse impacts on the abutting residential properties such as traffic, noise,
and other nuisances associated with commercial activities. Staff believes that the proposed
setbacks, though a reduction from the current multiple family standards, is designed sensitively
with respect to the adjacent residential properties and will compliment the abutting commercial
character. Staff has received agreement from the property owner and developer to generally
conform to the "Town Center Commercial" (TCC) Zoning District landscape standards. The
"TCC" Standards differ from the Subdivision Ordinance landscape requirements as they provide
an attractive downtown streetscape character including theme trees and additional site screening,
among other things.
The applicant has the ability to meet the minimum 30-foot building setback if the Council prefers
to allow reduced driveway distances. Staff requires multi -family projects to provide a minimum
driveway depth of 19 feet measured from garage entry to the back of curb, or back of sidewalk,
whichever is closer. The purpose of this is to discourage residents and guests from parking in
driveways where an inadequate amount of space is provided to park. A parked vehicle
overhanging the street or sidewalk may cause a safety hazard to pedestrians and vehicle traffic.
The 19-foot deep driveway parking space also provides for additional on -site parking. See the
alternative site plan provided by the applicant conforming to the 30-foot minimum building
setback.
Conformance with the Subdivision Ordinance
The proposed preliminary plat exceeds the maximum (15) number of dwelling units permitted by
the Subdivision Ordinance on a modified hillside local road cul-de-sac design. The applicant
proposes two cul-de-sacs: the east cul-de-sac serves 24 dwelling units, and the west cul-de-sac
serves 30 dwelling units. Staff believes that the primary rationalization for limiting the unit
count on a cul-de-sac is to aid fire protection efforts, particularly where a cul-de-sac street
stretches up a hillside slope, and the steep terrain creates difficulties in maneuvering large
vehicles and evacuating properties if necessary.
The Fire Department believes the numbers of dwelling units proposed on the cul-de-sacs are not
an issue due to the relatively flat topography, the fact that all buildings are required to provide a
fire sprinkler system, and that all buildings are within 150 feet of a fire hydrant. The modified
cul-de-sac bulb design resembles a loop road rather than a typical bulb, which allows additional
maneuvering area and ease of access to the cul-de-sac units. The Town Engineer does not
foresee an issue with the expected traffic flows relative to the proposed cul-de-sacs.
The applicant has requested a waiver to allow only a one sided sidewalk street design for the
interior of the project, rather than two-sided as required by the Subdivision Ordinance. The
Town Council may waive this requirement.
On May 22, 2003 the Planning and Zoning Commission recommended approval of the above
referenced request on a 5-2 vote. The Planning and Zoning Commission discussed several
aspects of this request including the project density, the request for reduced building setbacks,
and conformance to the development agreement. Overall, the Commission believes the proposed
development is appropriate for the Town Center and felt that requiring conformance to the TCC
Zoning District landscape requirements and the openness of the plan is appealing.
The Commission expressed concern over the request for reduced minimum building setbacks
from what has been previously approved by the Town Council under special use, and the
required minimum setbacks in the multi -family zoning districts. It was discussed that this
property is located in the town center, which could be the most densely developed residential
area in the community. Due to the proximity of this property to the commercial core of the town
center, the Commission generally felt that this property could meet this special setback
condition, if legally applicable.
The Planning and Zoning Commission recommend the Town Council approve this request with
Staff's stipulations and two additional stipulations:
1) Relocate building five to conform to a 30-foot minimum building setback along the
Saguaro Blvd. frontage.
2) The Town Council and the Property owners subject to the Town Center Development
., Agreement amend the agreement to allow for additional residential dwelling units in
the town center area.
Please see the attached letter from the Planning and Zoning Commission dated May 29, 2003.
Staff has not received any written or verbal opposition to this special use request.
RECOMMENDATION:
The Planning and Zoning Commission and Staff recommend approval of the Special Use permit
request and the preliminary plat for "Town Center III Condominiums", with the following
stipulations:
1) The applicant provide a notation on the cover of the final plat disclosing the likelihood of
nuisances from the adjacent commercial activities and special events customary to the
downtown area.
2) The development shall generally conform to the "TCC" Zoning District landscape
guidelines, as agreed to by the staff and applicant.
3) The Town Council approves a sidewalk on only one side of the interior drive aisle.
4) All improvement plans, such as landscaping, irrigation, grading and drainage plans along
with a construction assurance bond and Final Drainage Report must be approved by the
Town prior to final plat approval.
5) Prior to final plat approval, provide an approved water service design from the Chaparral
City Water Company.
6) The developer shall design and provide ADA parking space and access to all public
amenities such as mailbox locations and the pool amenity area, with the improvement
plans.
7) In the event the Town Engineer allows on -street parking along El Lago Blvd. or Stewart
Vista Ave., the eight -foot sidewalk shall be located at back of curb to provide safe
pedestrian access to vehicles parked within these rights of way. (Note: At the current
time, we do not anticipate allowing on -street parking on the north side of El Lago nor on
the south side of Stewart Vista Dr.)
8) The applicant provides a pedestrian connection to the Town -owned open space abutting
the northwesterly property boundary, as grade permits or as shown on the preliminary
plat.
9) All fence heights within the street side and front yard minimum building setbacks are
restricted to 3.5 feet in height.
10) Provide the following documents with the Final Plat submittal:
1) Geotechnical Report — Developer stated that they would be using post -tensioned slabs.
2) Final Drainage Report — Complying with Town Engineer comments and requirements.
3) Engineering Calculations and details for retaining wall designs.
4) Engineering Improvement Plans designed to comply with all Prel. Plat comments.
11) You may need to provide a fire hydrant on Saguaro mid -way between El Lago and
Stewart Vista, tapped off of Saguaro Blvd. This will be determined prior to final plat
with the fire flow analysis.
12) In the infrastructure report, provide a "worst -case" calculation (ISO standards) justifying
using only the minimum 1500 gpm fire flow. Consider the building materials, fire
separation walls, and the short separation between multiple buildings.
13) Pre-emption devices are required at all access gates for emergency services.
14) Provide a fire flow analysis to justify the minimum 1500 G.P.M. requirement taking into
consideration ISO guidelines (separation between bldgs, firewalls, etc.).
15) The sewer line does not appear to be located in a PUE. A PUE will be required for the
line to be public.
16) The Town Council and the Property owners subject to the Town Center Development
Agreement amend the agreement to allow for additional residential dwelling units in the
town center area.
1%4W
Town of FOUNTAIN HILLS
Planning & Zoning Commission
May 29, 2003
Honorable Mayor
And Town Council
16836 E. Palisades Blvd.
Fountain Hills, Arizona 85268
Re: Special Use Permit, Case #SU2003-02 and Preliminary Plat for "Town Center III Condominiums"
Case Number S2003-02
Dear Mayor and Council Members:
On May 22, 2003 the Planning and Zoning Commission recommended approval of the above referenced
request on a 5-2 vote. The Planning and Zoning Commission discussed several aspects of this request
including the project density, the request for reduced building setbacks, and conformance to the
development agreement. Overall, the Commission believes the proposed development is appropriate for the
Town Center and felt that requiring conformance to the TCC Zoning District landscape requirements and
the openness of the plan is appealing.
The Commission expressed concern over the request for reduced minimum building setbacks from what
has been previously approved by the Town Council under special use, and the required minimum setbacks
in the multi -family zoning districts. It was discussed that this property is located in the town center, which
could be the most densely developed residential area in the community. Due to the proximity of this
property to the commercial core of the town center, the Commission generally felt that this property could
meet this special setback condition, if legally applicable.
The Planning and Zoning Commission recommend the Town Council approve this request with Staff's
stipulations and two additional stipulations:
1) Relocate building five to conform to a 30-foot minimum building setback along the Saguaro Blvd.
frontage.
2) The Town Council and the Property owners subject to the Town Center Development Agreement
amend the agreement to allow for additional residential dwelling units in the town center area.
Sincerely,
Michael Downes
Chairman of the Planning & Zoning Commission
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
4
`Q
qlat is Aim'•
PBA 1/02
The Town of Fountain Hills
COMMUNITY DEVELOPMENT DEPARTMENT � �gu,_s,-e 0"4
Fountain Hills, Arizona
Area Specific Plan or Change
General Plan Amendment
Plan of Development
Zoning Change
Variance
NATURE OF THE REQUEST:
X Preliminary Plat
Cut/Fill Waiver
_X_ Special Use Permit
SU Comprehensive Sign Plan
HPE Change or Abandonment
Preliminary Plat and Special use Permit ap lication for a 150 unit
''r)* lnm i n "'m n-rn_ ert at the Northwest corner of Saguaro Blvd & E1 Lago
PROJECT NAME
Fountain Hills l temporary name)(j)non
Mrs.
_ Mr.
Ms.
Mrs.
—Mr.
Ms.
Address: 706 E Bell Rd Suite 212
Owner: IBC properties
City:Phoenix
Day Phone 602-996-6800
State: AZ Zip: 85022
Day Phone 480-837-9660
Address: 16930 E. 0al i sailor R1 va City: Fountain H�J94 _AZ_ P: 85268
If application is being submitted by someone other than the owner of the praperty under consideration, the section below
aucst be completed.
SIGNATURE OF OWNER �oESiDc. DATE
Mcc
I HEREBY AUTHORIZE KM Development Corp TO FILE THIS APPLICATION.
Piease Print
�,ubsa-ibed and sw OFFICIAL y of �, 20 D_�
LAURA PETERSEN _
RYPUBLIC-ARIZONA My Commission Expires
N i� Comm, EXQnS Seot. 17. 2005
C i.q5,00 I "i? C-.e 2)
=Ii S DATE: ?' 1 FEE PAID: 5 a ACCEPTED
ACCEPTED BY:
(See Fee Schedule)
C-t< -# 577 2
'Pphcaton
age 2 of 7
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PBA 1 /02
the Town of Fountain Hills
LEGAL DESCRIPTION Arizona Final Plat 208 1 & 8 All
Plat Name Block Lot
PROPERTY ADDRESS
176-05-045B
PARCEL SIZE Acres 1 5. 6 ( gross) 13, 9 ( ne 1 76-06-1-45 thru
MSESSOR PARCEL NUMBER 176 06 17
k
NUMBER OF UNITS PROPOSED 1 5 0 TRACTS 0
EXISTING ZONING: C _ Z PROPOSED ZONING U SC
Tow�egCwv"tS iPJ
C- Z 1b15M)
Application �r--`kl
Poge 3 of 7%C-0S Lccv . �
Narrative Report, Fowitain Hills Condominiums, KM Development Corporation, Page # 1
Narrative Report
Fountain Hills Condominiums
For
KM Development Corporation
706 East Bell Road, Suite 212
Phoenix, AZ 85022
Attn.: Mike Mancini
(602) 996-6800
Architect
GCH Limited
PO Box 9905
Scottsdale, AZ 85252-3905
Attn.: George C. Hoagland, Architect
(480) 994-9573
Civil Engineer
Rick Engineering
6150 North 16th street
Phoenix, AZ 85016
Attn.: Robert Mohning, PE
(602) 957-3350
Landscape Architect
Urban Graphite
1820 West Drake Drive, Suite # 108
Tempe, AZ 85283
Attn.: Dan Erlandson, ASLA
(480) 775-3714
Narrative Report, Fouurain Hills Condominiums, KM Development Corporation, Page 42
Purpose of Request:
To obtain a use permit for multi -family housing in a C-2 commercial zoning
district for the design and construction of a 145 unit condominium commu-
nity at the NWC of El Lago Blvd. and Saguaro Blvd., Fountain Hills, AZ.
Description of Proposal:
This community will consist of multiple 2-story, 5 unit buildings, each de-
signed to appear as one upscale home. Additional design features consist of
private entries, private covered patio enclosures and enclosed garages incor-
porated into the overall building composition. "Homes" on the second floor
have their own private stairways which are largely screened from direct view
from the neighborhood streets.
The 29 "homes" are composed on the site in a variety of small clusters so as
to appear as private "neighborhoods" of large homes sited along meandering
looped streets and cul-de-sacs with gated entrance courts. A common pool
complex, with a lagoon style pool, Jacuzzi, shade ramada, restroom and an
enclosed exercise facility, is provided in the center of the site to allow for
convenient access from all 145 units. Common trails and bike paths encircle
the community and will connect internal pedestrian pathways leading to all
homes and common facilities with the Fountain Hills community trail sys-
tem. An extensive installation of indigenous landscaping will provide inter-
esting and dynamic neighborhood spaces filled with color, texture, shade
and the natural beauty of the desert.
Three compatible color schemes with extensive stone veneer highlights and
concrete tile roofing are proposed to add additional variety and visual inter-
est to the various "neighborhoods".
Relationship to Surrounding Properties:
The project is sited on a freestanding block of land within downtown Foun-
tain Hills, surrounded by other multi -family housing communities and
downtown commercial development. The west end of the community di-
rectly adjoins a proposed City of Fountain Hills community center along its
east property line.
Narrative Report, Fountain Hills Condominiums, KM Development Corporation, Page #3
Location and Accessibility:
Located at the NWC of El Lago Blvd. and Saguaro Blvd. in downtown
Fountain Hills, this community is situated at Fountain Hill's heart. A view of
the fountain to the east is the cardinal view of the site location, and pedes-
trian access to all downtown functions is its cardinal feature. The commu-
nity will be inter -connected to the surrounding sidewalks and trail systems to
accommodate easy access to all of other town features. The site is bounded
on its east and south sides by main streets which afford easy access into and
out of the community as well.
Development Schedule:
KM Development Corporation intends to commence construction immedi-
ately upon receipt of all approvals, and to build the community in one phase,
as quickly as possible. This housing product has sold very well in other
valley locations, and KM anticipates they will have to build quickly to keep
construction up with sales here in Fountain Hills as well.
Circulation System:
The interior street system is designed to loop through the project, affording
two means of egress into and out of the community, via gated entries. Cul-
de-sacs afford private access to many of the "homes" away from the traffic
of the main community streets. Internal path systems will allow all pedestri-
ans easy access to surrounding town streets, sidewalks and trail systems.
Community Facilities and Services:
This community will provide a' -generous common pool complex, with a la-
goon style pool, Jacuzzi, shade ramada, restroom and an enclosed exercise
facility. This complex will be interconnected to the community "homes" by
the internal trail system for easy access. In addition both automobile entries
are gated, with telephone communication with all,internal residents, to pro-
vide easy access for desired guests while ensuring privacy and safely to the
residents.
Narrative Report, Fotu.(ain Hills Condominiums, KM Development Corporation, Page #4
Public Utilities and Services:
All homes within this community will be served by all necessary public
utilities, including water, sewer, gas, electricity, cable TV, high speed Inter-
net access and telephone. All utilities will be underground.
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Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting
Subiixrt04"arlment Public Works
Coosent:❑ Regular:®
Meeting Dates; 6/5/03
Contact Persou': Tom Ward
Requesting Adi6n Z
Tyne of Document Needinz Approval (Check all that aonl
❑ Public Hearing ® Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
mA. ;
Council Priority (Check Annronrlate "Areasl
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
® Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only.❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Consideration of Resolution 2003-26 approving the Storm Water Management Plan
Approve Fiscal"Impact: Yes $10,500--Prev. App. FY 02-03 Budget
Purpose of Itern"anit Backgraund Informations The Arizona Department of Environmental Quality (ADEQ) is
requiring all communities located in urban areas to implement a program to reduce the discharge of pollutants to
local receiving waters to the maximum extent practicable in an effort to satisfy the requirements of the Clean
Water Act. The Storm Water Phase II program, as it is referred, is an unfunded federally mandated program.
Implementation of this program requires that a Notice of Intent (NOI) and Storm Water Management Plan
(SWMP) be submitted to the ADEQ by June 9, 2003. Communities that fail to submit their NOI and SWMP by
the required submittal date may be fined by the EPA or sued by third parties such as environmental groups or
citizens.
Staff Memo, Ordinance, Resolution, Burgess & Niple Report
PowerPoint
///
I--,- - ". —'
/"/� /' /'. / -
D artment H,ead--__"
T6wri Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
e:\agenda\agenda cover sheet - storm water phase ii program.doc
Storm Water Phase 11 Program.doc Page I of 2 Chron 053
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO:
Honorable Mayor and Town Council
DT:
May 22, 2003
FR:
Public Works
Tom Ward11151`Z
RE:
Storm Water Phase II Program
v
STORM WATER PHASE II PROGRAM
The Arizona Department of Environmental Quality (ADEQ) is requiring all communities located
in urban areas to implement a program to reduce the discharge of pollutants to local receiving
waters to the maximum extent practicable in an effort to satisfy the requirements of the Clean
Water Act. The Storm Water Phase II program, as it is referred, is an unfunded federally
mandated program. Implementation of this program requires that a Notice of Intent (NOI) and
Storm Water Management Plan (SWMP) be submitted to the ADEQ by June 9, 2003.
Communities that fail to submit their NOI and SWMP by the required submittal date may be
fined by the EPA or sued by third parties such as environmental groups or citizens.
The SWMP is a detailed plan that addresses the six minimum control measures required by the
regulations. The plan also identifies the Town's legal authority and fiscal resources to
implement the general permit.
Fountain Hills retained the services of Burgess & Niple to assist the Town in its preparation of
the SWMP and NOI. The Department of Public Works believes that the majority of the program
elements required by the Phase II regulations are already being conducted by various staff, and
can be addressed with minimal additional resources.
A Storm Water Project Team, which includes representatives from the Town's Public Works,
Engineering, Streets, Planning and Zoning, Information Technology, Parks and Recreation and
the Fire Department, as well as representatives from the Fountain Hills Sanitary District and
Chaparral City Water Company, have worked together in an effort to address all components
required for this plan. The implementation of the program will also be achieved in cooperation
with local organizations such as the McDowell Mountain Preservation Commission.
The SWMP outlines the six minimum control measures and program elements, listed below, that
are expected to result in reductions in pollutants discharged by the Town:
1. Public Education
• Distribute educational materials in cooperation with local organizations
• Develop storm water website (tied to Town's existing website)
• Coordinate public education programs for grade schools, businesses, and industries in
cooperation with local organizations
Storm Water Phase II Program.doc Page 2 of 2 Chron 053
2. Public Involvement/Participation
• Public notice of all storm water related events
• Conduct storm water response/complaint program
• Promote community education, labeling and cleanup projects with local organizations
3. Illicit Discharge Detection and Elimination
• Develop GIS map of storm water system
• Prohibit illicit discharges to storm water system and address swimming pool discharges
through modifications to existing ordinances
• Develop illicit discharge detection program. Perform dry weather screening and
sampling of outfalls
• Record complaints on illegal dumping
4. Construction Site Runoff Control
• Modify existing regulations/ordinances to address erosion, dust control and construction
site waste
• Perform site plan reviews, pre -construction reviews and site inspections for all
construction sites greater than 1 acre
• Record complaints on problem construction sites
5. Post -Construction Runoff Control
• Modify existing regulations/ordinances to address post construction runoff
• Modify design standards/policies to minimize water quality impacts from development
and redevelopment
• Review/revise existing Wash Management Program
• Develop education programs for developers and contractors
6. Pollution Prevention/Good Housekeeping for Municipal Operations
• Ensure proper maintenance of facilities
• Ensure proper maintenance of resources/infrastructure including vehicle maintenance,
street sweeping, and storm sewer maintenance
• Ensure proper disposal of wastes and application of chemicals
The Department of Public Works believes that the existing staff will be able to perform the tasks
required by the Phase II regulations and that additional staff will not be required. Costs for
implementation of the plan will be developed in more detail during the first (planning) year.
RESOLUTION NO.2003-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE "TOWN OF FOUNTAIN HILLS, ARIZONA, STORM WATER
MANAGEMENT PLAN."
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That certain document entitled the "Town of Fountain Hills, Arizona,
Storm Water Management Plan" three copies of which are on file in the office of the Town Clerk
and open for public inspection during normal business hours, is hereby declared to be public
record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 5, 2003.
FOR THE TOWN
J.
REVIEWED BY:
UNTAIN HILLS:
Tim G. Pickering, To kn Manager
9196.001\Resolutions\2003-31 Building Codeses.doc
5-27-03-1
ATTESTED TO:
ECJ WF.
R 4'-d-Z /10,7216
• 1/ own Clerk
APPROVED AS TO FORM:
Ox � A c , k2��
Andrew J. McGuire, Town Attorney
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting
Public Works
Consent:❑ Regular;®
Meeting Date: 6/5/03
Contact Person: Tom Ward
Requesting Action:®
Type of Doeiunent Needing Approval (Check all that apply)
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
CouncilrPriority (Check Appropri e� as):
❑ Education ❑ Public Fitness
❑ Public Safety ❑ Community Activities
® Public Works ❑ Human Service Needs
❑ Town Elections ❑ Community Development
reference.
Repast only:❑
® Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Consideration of Ordinance 03-13 adopting the Storm Water Management Plan by
Approve Viscid Impact: Yes $10,500--Prev. App. FY 02-03 Budget
Purpose o% t&ngin&Background Information: The Arizona Department of Environmental Quality (ADEQ) is
requiring all communities located in urban areas to implement a program to reduce the discharge of pollutants to
local receiving waters to the maximum extent practicable in an effort to satisfy the requirements of the Clean
Water Act. The Storm Water Phase II program, as it is referred, is an unfunded federally mandated program.
Implementation of this program requires that a Notice of Intent (NOI) and Storm Water Management Plan
(SWMP) be submitted to the ADEQ by June 9, 2003. Communities that fail to submit their NOI and SWMP by
the required submittal date may be fined by the EPA or sued by third parties such as environmental groups or
citizens.
Staff Memo, Ordinance, Resolution, Burgess & Niple Report
PowerPoint
Signatiires.ofSubn►ittine Staff:
6-y' z6)&'j- j.
Department Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
\\earth\bbrannon\agenda\agenda cover sheet - storm water phase ii program ord.doc
ORDINANCE NO.03-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE "TOWN OF FOUNTAIN
HILLS, ARIZONA, STORM WATER MANAGEMENT PLAN" BY
REFERENCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That certain document known as the "Town of Fountain Hills, Arizona,
Storm Water Management Plan," three copies of which are on file in the office of the Town
Clerk, which document was made a public record by Resolution No. 2003-26 of the Town of
Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out
in this Ordinance.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any part of the plan adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 5, 2003.
FOR THE
W.J
REVIEWED BY: --�
Tim G. Pickering, Town Manager
9196.00AResolutionA.Storm Watenord.doc
5-29-03
3:
ATTESTED TO:
W-M
APP OVED AS TO FORM:
c
Andrew J. McGuire, Town Attorney
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Fire
Consent: ❑ Regular:
Meeting Date: 06/05/03
Contact Person: Chief Mark Zimmerman
Requesting Action:
Tvue of Document Needing ADUroval (Check all that apnl
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
® Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ Other:
Council Prioritv (Check Anmronriate Areas):
❑ Education
❑ Public Fitness
® Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Reeular Agenda Wording: Consideration of an EXEMPTION requested by Mr. And Mrs. Lucich from
Ordinance 95-25 requiring fire sprinklers in remodeling plans.
Staff Recommendation: Disapprove Fiscal Impact: No S
Purpose of Item and Background Information: The home owner of 15283 E Aspen Drive is requesting a
harsdhip varience to Section 1003.2.13.1 fo the Town of Fountain Hills ordinance that requires sprinkler systems
to be installed in all remodeled, reconstructed, or expanded unsprinklered buildings when the remodeled,
reconstructed or expanded area is equal to or greater than 50% of the existing structure.
List All Attachments as Follows: Staff report, letter from homeowner
Tvpe(s) of Presentation:
Signatures of Submitting Staff:
fi `
Department
�a 3
own Manager / Designee
cAtown stuffi6-5-03 agenda cover sheet.doc
Budget Review
(if item not budgeted or exceeds budget amount)
FOUNTAIN HILLS FIRE DEPARTMENT
16426 E Palisades
Fountain Hills, AZ 85268
(480) 837-9820 (480) 837-6167 fax
Memorandum
To: Honorable Mayor and Council Membe s
From: Mark Zimmerman, Fire Chief
Subject: Variance Request
Date: May 27, 2003
RE: 15238 E. Aspen Drive
On April 21, 2003, plans were reviewed for a remodel and expansion of a home located
at 15238 E. Aspen Drive. The plans were reviewed for compliance to the Town of
1%W Fountain Hills Ordinance, Section 1003.2.13.1. This section states:
"An automatic fire sprinkler extinguishing system is required within a twelve
month period whenever a building permit is requested for remodeling,
reconstruction, or expansion of an existing unsprinklered building or structure, the
gross area of the remodeling, reconstruction or expansion is equal to or more than
%2 of the existing building or structure, an automatic fire sprinkler system shall be
installed throughout the entire structure of building in accordance with this
section."
The Fire Department plan review calculated the existing home to be 2008 square feet and
the proposed remodel and expansion area at 1233 square feet. This represents 61.4
percent of the structure being remodeled and expanded. The building permit application,
03-207, lists the addition at 833 square feet and the remodel at 527 square feet for a total
of 1414 square feet. Using the building permit square footage, the remodel and
expansion area would be approximately 70.4 percent of the structure. The building
permit application also shows a calculated estimated value for the remodel and expansion
to be $105,115. The Building department calculated this amount by using the Building
Standards Building Valuation Data sheet. The estimated cost of the sprinkler installation
per Mr. Lucich's letter, is $4,500. This represents 4.2 percent of the cost of the remodel
and expansion.
Numerous homes have been remodeled or expanded in Fountain Hills since the ordinance
was adopted in 1996. Many of these homes have been required to install the fire
sprinkling system throughout the entire house due to this section of the ordinance. The
goal of the ordinance is to develop a fire safe community through fire sprinklers in new
construction and retrofitting older structures when possible.
Mr. Lucich's proposal, in paragraph three, to add the exemption that "the addition itself
does not exceed 50% of the existing home AND that the area to be remodeled does not
exceed 50% of the existing house", would allow a homeowner of a_y size house to
remodel and expand an area equal to the size of the original structure without having to
add fire sprinklers to the home. The intent of the sprinkler ordinance and retrofit section
is not to stop homeowners from adding space and value to their homes, it is to add a
proven safety margin for the occupants during a fire should one occur.
The Fire Department is recommending that you do not approve this variance to the Town
Ordinance, Section 1003.2.13.1. The Ordinance was adopted to provide for a safer
community and since its adoption has not been varianced.
The Fire Department will offer an option for the council and Mr. Lucich to consider. The
home in question is a flat roof structure, which is adding additional work to the sprinkler
retrofit in the existing portion of the home. Previous homes in Fountain Hills with
similar construction have been allowed to provide fire sprinklers in the new addition area
and in connecting areas using sidewall sprinkler heads that provided increased protection
with minimal damage to the exiting structure. In lieu of fire sprinklers in the rest of the
structure, interconnected smoke detectors where required to be installed. This alternative
is acceptable to the Fire Department as a means to provide protection and early warning
to the occupants of the structure.
MICHAEL A. LUCICH
1.5238 E. Aspen Dr,
Fountain Hills. Az 85268
480-837-6651
May 26, 2003
Honorable Mayor and Council members,
................................................................
My wife and I have lived in Fountain Hills for nearly 10 years. We have applied for a building
permit to remodel our existing garage into a new master bedroom, and to add on a garage.
Ordinance #95-25, article 7-9-1 requires that we retrofit our house with fire sprinklers. We are
seeking an exemption due to the hardship this would impose. Although less than 25% of the
existing house (only the garage) would undergo reconstruction, the retrofitting of fire sprinklers
would force us to dismantle over 75% of our existing ceilings. The estimated cost of just
installing sprinklers is $4,500. This does not include the outside plumbing and electrical work,
which would be located in the middle of the front courtyard. As this would have a high visibility
from the street, this would require us to change the facade of the house to hide the exterior
plumbing. We would incur an additional expense for repairing the ceilings and repainting. This
process would force us to move out of our home, which would add increased cost and
complication.
We believe this ordinance is fundamentally flawed in that it does not differentiate a 4,000 square
foot home from a 1600sq-foot home. For example, a 1600sq foot home with a, two car garage
would not be able to simply remodel the garage an add another two car garage without having to
retrofit the whole house with sprinklers, (remodel 400 sq feet and addition of 400 sq feet). This
would take a fairly simple construction job and greatly complicate it for the small homeowner. On
the other hand, the 4000sq-foot home could add nearly 2000 sq feet without having to retrofit the
house with sprinklers.
Over the last year, the trend for building permits has moved from new home to remodel and
additions. We believe that a growing number of Fountain Hills residents will have to face the
same situation that we are in. Perhaps the council can write in an exemption for a construction job
that has both a remodel and addition in a smaller house. This exemption would be that the addition
itself does not exceed 50% of the existing house AND that the area to be remodeled does not
exceed 50% of the existing house.
This addition would add to the value of our home, enhance the neighborhood, and generate tax
revenue. The architectural committee has approved it. We would like to do this addition, but the
sprinkler ordinance will make a simple construction job far too complicated and costly for us. We
are hoping to move forward. We appreciate the time and consideration of the Mayor and Town
Council spent on this issue.
Smcerel ,
Mich�andne Lucich
At it At
rl
JS
Town of Fountain Hills
Town Council Agenda Action Form
Regular Meeting Meeting Date: 6/5/03
Town Manager
Cpnsent❑
T vp o fDocunie t 1 Tee + urov�Check all that anal
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Proposal
Council Prioritv (Check Appropriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Tim Pickering
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
® Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: Fountain Hills Tourism Council will provide a "tourism impact study and
destination marketing proposal".
Yes
Pur os of"rltern andli�Bacic routed Information: Vladimir Hulpach, Chairman of the Fountain Hills Tourism
Council, along with members Frank Ferrara and Mike McDermott, will present a Tourism Impact Study and
Destination Marketing Proposal to the Council. It will provide their assessment of the current and future
importance of tourism in all its forms to the community. Those speaking, as mentioned above, and Rachel Sacco
from the Scottsdale Convention and Visitors Bureau will be available to answer any questions you may have.
List All Attachments as Follows: Packet of information prepared by the Tourism Council.
Type(s) of Presentation: Powerpoint
Signatures of Submitting Staff:
1 Department
s'1v*3
Town Manager / Designee
eAagenda cover sheet\tourism council.doc
Budget Review
(if item not budgeted or exceeds budget amount)
AGREEMENT between
THE TOWN OF FOUNTAIN HILLS and
THE SCOTTSDALE CONVENTION & VISITORS BUREAU
THIS AGREEMENT made and entered into this 1st day of July, 2003, by and between the TOWN OF
FOUNTAIN HILLS, a municipal corporation of the State of Arizona, hereinafter referred to as "Town",
and the SCOTTSDALE CONVENTION & VISITORS BUREAU, hereinafter referred to as
"Scottsdale CVB".
The parties agree as follows:
1. Scope of Services. The Scottsdale CVB agrees to promote the Town's hotels and resorts and
convention and tourism business for the Town; to bring additional business to the Town's resorts
and hotels; and assist in providing exposure and potential business to the Fountain Hills
Community Center.
In such promotion and in performing its duties pursuant to this Agreement; the Scottsdale CVB
agrees to use its best efforts to include input from the Town's hotels and resorts on program
activities related to the expenditure of the funds allocated in Section 2 of this Agreement. The
Scottsdale CVB will organize meetings with Town hotels and resorts no less than once a year.
Details on the convention and tourism program are incorporated in the Scottsdale CVB's marketing
plan for the year.
The performance of the Scottsdale CVB's duties pursuant to this Agreement will be guided by a
five-year plan for tourist promotion with objectives, expenditure estimates and estimated program
impact which shall be updated periodically through the Hospitality Marketing Strategy Report
(initially prepared by Bob Campbell of Campbell Dalton Marketing, June 24, 1988, and revised
November 11, 1993); and the Hospitality Marketing Strategy Report prepared by Economic
Research Associates, June 27, 2000.
2. Compensation. Town shall pay the Scottsdale CVB for services rendered herein one third (1/3) of
its three percent (3%) privilege tax upon the business activity of any hotel charging for lodging or
lodging space to any transient levied pursuant to § 4A-447 of the Fountain Hills Town Code, but
not to exceed a total sum of Thirty Thousand ($30,000) during the term of this Agreement. If
such tax collected during the Term of this Agreement is less than Thirty Thousand Dollars
($30,000), the monthly amount(s) due hereunder shall be revised and reconciled as necessary to
reflect one-half of such actual tax collections.
Sums due herein are payable in two (2) equal payments of $ 15,000.00; first installment due on or
before August 1, 2003; second installment due on or before February 1, 2004, following receipt
of the Scottsdale CVB's invoice.
The Scottsdale CVB will substantiate and provide documentation satisfactory to the Town for all
payments made by the Town and expenditures made pursuant to this Agreement.
3. Performance Reports. The Scottsdale CVB will report on the performance of its tourism and
convention program and submit a report to the Town no later than thirty (30) days after the
S:WdministrationTountain Hills\Contract 03-04\contract2003-21004.doc
termination of this Agreement. The report shall include an analysis of the effectiveness of the
program.
4. Audit and Records. The Town may review and audit the Scottsdale CVB's records related to the
expenditure of funds under this Agreement for the purpose of ensuring compliance with this
Agreement and applicable law. The Scottsdale CVB agrees to reimburse the Town for any
expenditures it makes utilizing funds pursuant to this Agreement which are not for the tourism and
convention purposes stated herein.
5. Law. The Scottsdale CVB shall at all times herein comply with all laws of the Town of Fountain
Hills, the County of Maricopa, the State of Arizona and the United States of America. This
Agreement shall be governed by and construed in accordance with the laws of the State of Arizona
and the Town of Fountain Hills. The Town has determined that this Agreement is for a public
purpose benefiting the welfare of the Town and its citizens, and that the public receives a valuable
and reasonable consideration for the funds expended herein.
6. Insurance. The Scottsdale CVB shall provide the Town with a Certificate of Insurance form with
coverages and limits acceptable to the Town.
Independent Contractor. The Scottsdale CVB is an independent contractor and shall perform the
services described herein and other duties as may be mutually agreed upon in writing between the
parties.
8. Term. The term of this Agreement shall be from the effective date shown above, expiring on June
30, 2004, unless sooner terminated as provided herein. Either party may cancel this Agreement at
any time with thirty (30) days' written notice to the other party. Upon termination, amounts owed,
according to the terms of the Agreement, will be paid.
9. Sole Agreement. No other agreements or representations of any kind have been made by and
between the parties hereto.
10. Conflict of Interest. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511.
11. Assignment Prohibited, Agreement Binding. This Agreement shall extend to and be binding
upon the heirs, administrators, executors, successors and permitted assigns of the respective
parties. Scottsdale CVB shall not assign this Agreement or any rights thereunder.
12. Notices. All notices pursuant to this Agreement shall be in writing and shall be deemed properly
given if sent by facsimile, personal delivery, by certified mail or by courier, postage prepaid,
addressed to the addresses set forth below. Notice shall be deemed effective on the date of actual
receipt or five (5) days after the date of mailing, whichever is earlier.
13. Amendments. Amendments to this Agreement shall be made in writing and executed by the
parties below.
14. Fiscal Year Appropriation. The parties agree that this Agreement does not obligate the
expenditure of Town funds beyond the close of the fiscal year in which this Agreement is executed.
Such funding for a future fiscal year is dependent on appropriation by the Town.
SAAdministrationTountain Hills\Contract 03-04\contract20o3-J)04.doc
15. Default, Force Majeure. If any party fails to observe or perform any of the provisions of this
Agreement and such failure is not cured within twenty (20) days after notice by the affected party,
then such party shall be in default and without further notice, the affected party may at any time
thereafter continue this Agreement and recover damages resulting from the default or effect a cure
on the defaulting parry's behalf and all costs and expenses so incurred by the curing party together
with interest at the rate of ten percent (10%) per annum shall be due and payable by the defaulting
party. However, if a default cannot reasonably be cured within twenty (20) days, the defaulting
party shall not be in default of this Agreement if it commences to cure the default within such
twenty -day period. If any party is unable to perform hereunder as a result of acts of God, war,
national disasters, strikes, fire or other comparable events, or as a result of any lawful order issued
by the United States government or an official of the State or Arizona or Town, or for any reason
beyond the control of the parties, then this Agreement shall be suspended during such period and
for as long as such conditions shall exist and the term hereof shall not be extended.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective on the date first above
written.
TOWN OF FOUNTAIN HILLS
P.O. Box 17958
Fountain Hills, AZ 85269
Phone: 480-837-2003 ; Fax: 480-837-3154
IN
Timothy G. Pickering, Town
Date: 7 r Z -0 D
ATTEST:
By: %.
Bevelyn Bender, T wn Oerk
APPRrWED AS TO FORM:
By:
Andr 4cu
ire Town Attorney
SCOTTSDALE CONVENTION &
VISITORS BUREAU
4343 N. Scottsdale Road
Scottsdale, AZ 85251
Phone: 480-421-1004• Fax: 480-421-9733
By. t
DarretLSmith, Chairman of the Board
-,�
a ` &
By:,, /
Rachel R. Sacco, President & CEO
Date:
SAAdministration\Fountain Hills\Contract 03-04\contract2003-ZP04.doc
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting bate: 6/5/03
Submitting Department: Administration Contact Person: Pickering
Consent:❑ Regular:® Requesting Action:®
TVDe of Document Needing ADDroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Budget
Council Prioritv (Check Aanronriate Areas):
❑ Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
® Finance
Regular Agenda Wording. Consideration of RESOLUTION 2003-27 adopting the 2003-04 budget.
Staff Recommendation: Approve Fiscal Impact: Yes $18,665,838
wp - Purpose of Item and Background Information: At the May 15th council meeting, I provided a presentation on
the proposed $12.6M general fund budget and all -funds budget of $18.6M, which includes the general fund.
Council discussed various budget issues, and requested staff to perform additional research and report at the June
5"' meeting. Dut to not receiving the Dept. of Justice's report, I recommend postponing final adoption until June
19"'. Further discussion is encouraged.
List All Attachments as Follows: Copies of revised budget sheets, reflecting all changes, additions, and
corrections to date (please delete your existing pages and insert the attached into your draft budget books), and
follow-up reports, Resolution 2003-27.
Type(s) of Presentation: verbal
Signatures of Submitting Staff:
Department Head
J"_30
Town'Ma ager / Designee
eAagenda cover sheet\budge tpresentaiton.doc
Budget Review
(if item not budgeted or exceeds budget amount)
RESOLUTION NO.2003-27
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2003-
2004 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised
Statutes (A.R.S.), the Town Council did, on June 5, 2003, make an estimate of the different amounts required
to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other
than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of
Fountain Hills, Arizona, and
WHEREAS, in accordance with said chapter of said title, and following due public notice, the
Council met on June 5, 2003, at which meeting any taxpayer was privileged to appear and be heard in favor of
or against any of the proposed expenditures/expenses or tax levies, and
WHEREAS, it appears that publication has been duly made as required by law, of said estimates
together with a notice that the Town Council would meet on June 5, 2003, at the office of the Council for the
purpose of hearing taxpayers and making tax levies as set forth in said estimates, and
WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the
aggregate exceed that amount as computed in A.R.S. §42-17051(A), therefore be it
RESOLVED, that the said estimates of revenues and expenditures/expenses shown on the
accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the
�Nr- Town of Fountain Hills, Arizona for the fiscal year July 1, 2003 through June 30, 2004.
11
PASSED AND ADOPTED by the Fountain Hills Town Council, this 5th day of June, 2003.
FOR THE TOWN OF FOUNTAIN HILLS: ATTEST:
W.J. Nichols, Mayor
REVIEWED BY:
Tim G Pickering, Town Manager
5103
Bevelyn J. Bender, Town Clerk
APPR VED AS TO FORM:
Andrew J. Mc uire, Town Attorney
Community Board of Planning and
Center Advisory Zoning
Commission Adjustment Commission
Town Prosecutor Town Attorney
Pants &
Recreation and Fire Department
Community Center
Citizens of the
Town of Fountain Hills
Mayor
and
Town Council
Parks and McDowell
Recreation Mountain
Commission Preservation
Commission
Town Manager Town Magistrate
Public Works,
Law Finance and Planing,
Enforcement Administration Building Safety,
Streets
Fountain Hills Town Council
Mayor Wally Nichols
Vice Mayor Susan Ralphe
Councilmember Mike Archambault
Councilmember John Kavanagh
Councilmember Rick Melendez
Councilmember Kathleen Nicola
Councilmember Leesa Stevens
Management Staff
Timothy G. Pickering, CEcD, CCM, Town Manager
Department Directors
Ted Armbruster, Town Magistrate
Ken Martinez, Interim Town Marshal
Mark Mayer, Director of Parks, Recreation, and Community Center
Thomas Ward, Director of Public Works, Building Safety and Planning
Mark Zimmerman, Fire Chief/Fire Marshal
Town of Fountain Hills
Fiscal Year 2003-2004 Budget
Town of Fountain Hills
Table of Contents
Budget Overview
Manager's Message I
Budget Process 15
Budget Schedule 18
Budget Summary
All Funds Revenue Summary 19
All Funds Expenditures 21
Budget Expenditure by Account Code 23
General Fund Revenues and Expenditures Summary 25
General Fund Revenues 27
General Fund Expenditures 36
Department Budgets
Town Council
37
Administration
45
Information Technology
55
Public Safety
59
Law Enforcement
59
Fire Department
65
Municipal Court
71
Parks and Recreation
77
Community Center
95
Public Works
101
Building Safety
109
Planning
115
Streets
120
Schedules/Summaries
Special Revenue Funds
127
Debt Retirement
130
Development Fees
135
Capital Improvement Goals
140
Miscellaneous Statistics
143
Summary of Tax Levy and Tax Rate Information
144
Schedule of Fountain Hills Assessed Valuation
145
Schedule of Authorized Positions
146
Appendix
Glossary 149
Town of Fountain Hills
Fiscal Year 2003-2004 Budget
Town of Fountain Hills
Debt Service Funds
Debt service funds account for the payment of principal and interest on the Town's outstanding
debt. Total debt service payments for fiscal year 2003-2004 are $2,606,500 including general
obligation bond, HURF, and improvement districts. General obligation debt is approved by the
voters and retired through a secondary property tax. The tax rate is determined by dividing the
total amount required by the Fountain Hills Secondary Assessed Valuation provided by the
Maricopa County Assessor. The valuation for 2003 increased from $270,602,866 to $323,385,230
(+19.5%). The Town's secondary property tax portion of the 2003 property tax levy rate is
estimated to be $0.4716 per hundred dollars of assessed valuation.
HURF debt is paid through receipts from the Highway Users Revenue Fund. There are two MPC
issues, one to repay debt for the construction of the Community Center and the other to repay
debt for the purchase of land preservation. The Community Center debt will be repaid with
residual funds from recovered PG&E investment. Land preservation bonds are repaid through the
dedicated portion of the local sales tax proceeds (.3%). The Eagle Mountain and Cottonwoods
Special Districts are levied by the County through the secondary property tax.
Financial Planning & Policies
During fiscal year 2002-2003, the Mayor and Town Council adopted several formal policies that
will guide the Town in making major policy decisions that have financial implications.
• An investment policy was adopted on March 20, 2003 specifying that Town idle cash
reserves may only be invested in securities that are backed by the full faith and credit of
the Federal government. The policy has been submitted to the Municipal Treasurers'
Association of the United States and Canada for certification of standards set forth by the
Association.
The Council adopted a policy on the formation of community facilities districts on March
6, 2003 that outlines the requirements and procedures for developers who present the
Town with a proposal to form a facilities district to finance infrastructure.
In May 2003, the Council approved financial policies that include the establishment of a
formal reserve fund amount of no less than 30%, including an allowance for designated
reserves and contingency. For more information, refer to the Reserves section further
into this budget message.
A key component of the annual budget is the Town's five-year capital improvement program
(CIP) for infrastructure and public facilities including roads, parks, buildings and information
technology. The proposed five-year plan is the beginning of the process of long range planning.
During better economic times an appropriation would be designated for the CIP; however, this
year's budget will focus on restoring reserved fund balance to the level established by policy.
Fiscal Year 2003-2004 Budget
-6-
Town of Fountain Hills
What funds are included in this budget?
• General Fund — general purpose operating revenues: expenditures (non -restricted).
• Special Revenue Funds (restricted to purpose) — Highway User Revenue Funds (roads),
excise tax special revenue (land preservation and downtown development), grants (varied
purposes).
• Debt Service Fund — principal and interest payments on all general obligation bonds,
revenue bonds, special districts and Municipal Property Corporation.
• Development Fee Fund — capital projects related to growth
• Capital Projects Fund - accumulation of funds and administration of a large capital
project.
How can I find out what a department is doing?
Departments are organizational units formed on the basis of compatible services. Departments
provide services based on departmental goals and objectives that fulfill work plans. In some
cases, a department will work within several funds. Although each of the operations in these
funds is different, they are similar enough that savings can be achieved by having people who can
share job responsibilities. Each department prepares a budget that includes information about the
organizational unit and matches the available resources with the requirements to complete the
department and fund work plans.
Why does a town create a budget?
All cities and towns in Arizona are required to adopt an annual budget. State law dictates that
fiscal years begin on July 1 and end on June 30. Certain parts of the budget document such as
summaries of revenues and expenditures showing two years of spending history are required by
State law.
When can a citizen have input into the budget process?
Town staff welcomes comments and suggestions throughout the year. The final opportunity
occurs in May when the Town Council holds a public hearing on the proposed budget as
recommended through the budget hearings. This is the last opportunity to increase the budget for
the next fiscal year. Once the tentative budget is adopted, line items can only be decreased prior
to the budget's final adoption.
Many revenue estimates must be made based on assumptions regarding general economic
conditions. For example, development related revenues (building permits, system development
charges, etc.) are all based on assumptions regarding development forecasts for Fountain Hills
during the coming year. Revenue estimates are conservative to avoid setting expenditure budgets
that will not be supported by actual revenues.
Fiscal Year 2003-2004 Budget
-16-
Town of Fountain Hills
Budget Schedule (Fiscal Year 2003-2004)
Date Action
Jan. 20 — Feb. 14 Department directors and accounting supervisor review YTD
2002-2003 budget and projected year end balance. Department
directors prepare initial budget requests.
February 10 Summary of estimated fiscal year end 2002-2003 revenue,
expenditures, and fund balance submitted to town manager,
department directors
Feb. 3 — March 21
Fiscal year 2003-2004 revenue projections are prepared and
reviewed with town manager.
February 14
Departmental proposed budget numbers submitted to accounting
department (revenues and expenditures).
March 11
Department justifications for expenditures due.
March 17 — March 28
Department directors, town manager and accounting supervisor
meet to review requested expenditures.
March 28
Departmental language finalized and electronically submitted to
accounting department.
April 4
Draft budget document submitted to town manager.
April 7 — April 15
Staff review of proposed budget.
April 28 Document submitted electronically for final compilation.
May 7 Council receives copy of draft budget.
May 15 Public Council budget meeting — Adopt tentative budget.
June 19 Regular Council meeting — Adopt final budget.
July I Regular Council meeting — Adopt tax levy.
Fiscal Year 2003-2004 Budget
-18-
Town of Fountain Hills
Fountain Hills Town Council
Mayor Wally Nichols
Vice Mayor Susan Ralphe
Councilmember Mike Archambault
Councilmember John Kavanagh
Councilmember Rick Melendez
Councilmember Kathleen Nicola
Councilmember Leesa Stevens
Fiscal Year 2003-2004 Budget
-37-
Town of Fountain Hills
Fountain Hills Town Council
Mayor Wally Nichols
Wallace J. Nichols was elected Mayor of Fountain Hills in May 2003. His background in the
community began in 1985, when Wally and his wife, Sheila, bought their first condominium in
Fountain Hills as a retreat from the Barrington, Illinois winters. As the years went by, they
found themselves staying longer here than in Illinois. Wally and Sheila made the Town of
Fountain Hills their permanent home in 1995.
Mr. Nichols has served in highly regarded positions throughout his career; such as Executive
Director for WorldatWork (formerly ACA), Managing Director for Nichols & Wharton, Inc.,
Senior Vice -President Human Resources at Premark Internaitonal, Inc., Vice -President of
Compensation & Benefits for Dart & Kraft International, Inc. and Director of Compensation &
Benefits for CPC International, Inc. He was educated at Tufts University, earning a Bachelor's
degree in Economics, and attended Harvard Business School.
Locally, Wally Nichols currently serves as President of Nichols International, Inc., which
provides consulting and educational services to the human resource community and travel agency
services. He is also Chairman/CEO of Hawk Enterprises, Inc., a local rental/property
management company. His professional affiliations include member and past board member of
WorldatWork (32 years) and CCP, Certified Compensation Professional.
Wally's previous public service record in Fountain Hills is impressive. He served the community
as an elected officer/Chairman of the Fountain Hills Sanitary District, Los Arcos Multipurpose
Facilities District Board of Directors, Scottsdale Boys & Girls Club Board of Directors, Fountain
Hills Boys & Girls Club Advisory Chairman, Chairman of the Fountain Hills Community Center
Advisory Commission, and on the Citizens Committee/Community Benefits Committee Board.
Other local affiliations include the Noon Kiwanis, Fountain Hills Chamber of Commerce, Friend
of the Fountain Hills Community Theater, Senior Center, Civic Association, Library Association,
Republican Club, and the Fountain Hills Historical Society.
Fiscal Year 2003-2004 Budget
-38-
Town of Fountain Hills
Councilmember Kathleen Nicola
A long-time Arizona resident, Kathleen Connelly Nicola moved to Lake Havasu City in June
1967. After a move to Mesa in 1985, Kathleen and her family settled in Fountain Hills in 1989.
She is married to John Nicola. Kathleen's daughter Tonya, son-in-law Jim, and grandson
Matthew reside in Chandler.
Kathleen's service to the Town of Fountain Hills began in 1990, when she began working for the
municipal court, after a brief period of volunteering her services. During her tenure as
administrator of the court over the following nine years, Kathleen's extensive duties included
budget preparation and day -today management of the court. Kathleen's responsibilities included
the court's compliance with local, county and state statutes, rules and administrative orders, in
addition to statistical and financial reports.
Kathleen earned a bachelor of science degree in Justice Studies from the College of Public
Programs at Arizona State University. Kathleen graduated from the Arizona School of Real
Estate & Business, and made a career change in the summer of 2000 to become a licensed real
estate salesperson. Her license currently hangs with Prudential Arizona Properties, and she is
presently the manager of a branch real estate office.
As a local real estate professional, Kathleen is an active member of the Fountain Hills Chamber
of Commerce and the Scottsdale Association of Realtors. Other professional memberships she
holds are with the Arizona Association of Realtors, National Association of Realtors, and the
Real Estate Buyers Advisory Council.
Fiscal Year 2003-2004 Budget
-40-
Town of Fountain Hills
cm
Vice Mayor Susan Ralphe
Vice Mayor Susan Ralphe is a Milwaukee, Wisconsin, native who grew up in Norway in
Michigan's Upper Peninsula. An alumnus of Northern Michigan University in Marquette,
Michigan, she graduated summa cum laude in 1968 with a B.S. degree in business education. She
and Roger, her husband of more than 30 years, have lived in Fountain Hills since 1993 and in
Arizona since 1978. They have two grown sons - Jason, Reno, Nevada, and Matt, Portland,
Oregon.
A journalist, Ralphe covered government and consumer affairs for 15 years as a newspaper
reporter for large dailies - The Phoenix Gazette, Phoenix, Arizona, and The Duluth Herald,
Duluth, Minnesota -- and a weekly, the Hastings Star, in the Minneapolis -St. Paul, MN. area. She
is the recipient of First -Place Investigative Reporting awards for three consecutive years in
statewide Minnesota Newspaper Association contests. As a freelance writer, her articles have
appeared in national magazines.
In 1994 Ralphe founded the Fountain Hills grassroots citizen group, the Committee to Preserve
the Environment (CPE), and chaired it for two years. Today more than 400 acres of town -owned
washes remain under the protection of the Watercourse Preservation and Habitat Ordinance, a
CPE-sponsored initiative approved by voters in 1996.
In the spring of 1999 she founded another local volunteer citizen group-- Save the Mountains
(STM), a coalition of organizations and individuals active in McDowell Mountain preservation
and wise mountain land -use. She stepped down as President after being elected to the Council.
Ralphe is a member of the McDowell Park Association (MPA) and for several years has been
making weekly visits to residents of a nearby nursing home.
Councilmember Leesa Stevens
Formerly Leesa Fraverd, Leesa married Michael Stevens, President of Eagles View Custom
Homes, on Christmas Eve 2002. A thirteen -year resident of Fountain Hills, Council member
Leesa Stevens has been active in community service almost since the day she arrived here from
her home state of Michigan. Mrs. Stevens, a cum laude graduate, received a B.A. degree in art
education from Michigan State University. She taught art education in Charlotte and St. Joseph,
Michigan. Leesa obtained a second degree after moving to Arizona, an A.A.S. in Environmental
Drafting and Design. She is currently the president of Architectural Angles, a drafting and design
firm specializing in custom home design in the northeast valley, since 1996. Recently Leesa and
her husband, Mike, have joined forces to form a design/build team in Fountain Hills.
Council member Stevens was a former Fountain Hills environmental activist, advocating
sensitive and sensible development. She was appointed to the position of Commissioner and
Chair of the Fountain Hills Planning and Zoning Commission from 1995 to 2000. Leesa Stevens
is an active member of the Neighborhood Property Owners Committee of Architecture (since
1994) and the Fountain Hills Civic Association.
Fiscal Year 2003-2004 Budget
-42-
Town of Fountain Hills
Summary Expenditures - Town Council
FY 2000-2001
FY 2001-2002
FY 2002-2003
FY 2002-2003
FY 2003-2004
Actual
Actual
Budget
Estimate
Budget
SALARIES & BENEFITS
$38,257
$38,159
S39,460
$39,460
$34,660
CONTRACTUAL SERVICES
$0
$0
$0
$0
$0
REPAIRS & MAINTENANCE
$0
$0
$0
$0
$0
SUPPLIES & SERVICES
$20,033
$64,332
$25,200
$18,000
$50,700
CAPITAL EXPENDITURES
$0
$0
$0
$0
$0
TOTAL EXPENDITURES
$58,290
$102,491
$64,660
$57,460
$85,360
TOWN COUNCIL
FY 2000.2001 FY 2001-2002 FY 2002-2003 FY 2002.2003 FY 2003-2004 .
Actual Actual Budget Estimate Budget
' i i i
SALARIES &BENEFITS
Wages
35,200
35,000
36,000
36,000
31,200
Employer Taxes
3,057
3,159
3,460
3,460
3,460
$38,257
` $38,159
$39,460
` $39,460
TOTAL
SUPPLIES & SERVICES:
Election Expense
7,845
36,201
15,000
15,000
36.000
Advertising
6,029
23,482
5,000
0
5,000
Conferences
1,800
1,200
700
0
500
Continuing Education
0
0
0
0
4,000
Dues & Publications
48
0
0
0
0
Community Outreach
300
0
500
0
0
Office Supplies/Portraits
2,549
957
1,500
1,500
2,200
Printing
613
113
0
0
500
Communications
0
0
1,250
1,000
1,250
Travel
849
2,379
1.250
500
1,250
$20,033
J $64,332
` $251200
$18,000
$5%700
TOTAL
CAPITAL EXPENDITURES
Capital Outlay
0
0
1
0
Ll
$0 $0 $0 $0 $0
$58,290 $102,491 $64,660 $57AW J $85 _ -
TOTAL CAPITAL EXPENDITURES
TOTAL EXPENDITURES
Fiscal Year 2003-2004 Budget
- 44 -
Town of Fountain Hills
`� • Maintain the Town's "Distinguished Budget Presentation Award".
• Update Town policies and procedures to stay current with local,
state and federal
law.
• Provide a comprehensive
personnel program based on
merit principles
administered in compliance with applicable local, state, and federal laws.
• Administer and coordinate all
employee -related
programs and benefits.
Management Indicators
2001-2002
2002-2003
2003-2004
Actual
Estimated
Estimated
Televised Regular Council Meetings
24
24
24
Special or Executive Sessions
19
21
23
Number of Resolutions Processed
45
40
49
Number of Ordinances Processed
18
15
19
New Business Licenses
471
490
545
Business License Renewals
1,432
1,500
1,653
Number of Registered Voters
12,482
12,712
--
Number of Ballots Cast
3,793
2,561
% of Ballots Cast to Number of Registered Voters 30.39%
20.15%
Adopt -A -Street Commercial/Residential
62/57
65/58
Certificate of Achievement for Excellence in
Financial Reporting Award
5`h year
6`h year
7t' year
Distinguished Budget Presentation Award
-
15` year
2°a year
Invoices/Accounts Payable Checks
11,241/3,150
8,600/2,900
9,000/3,000
Requisitions/Purchase Orders
5,800/300
2,700/160
4,000/200
Sales Tax Recovered
$56,801
$32,400
$170,000
Insurance Claims Managed
10
12
13
Bond Rating
Aa3
Aa3
Aa3
Fiscal Year 2002-2003 Accomplishments
• Received first Distinguished Budget Presentation Award from the Government Finance
Officers Association (GFOA).
• Restored financial stability through a budget reduction plan.
• Maintained an Aa3 bond rating after Town review by Moody's Financial Services.
• Reorganized several departments to streamline operations eliminating three department
directors.
• Initiated a recruitment process for two key management positions — a new town manager
and a town Judge.
• Adopted formal community facilities district, investment and financial policies.
• Expanded web casting to include live Council meetings, minutes, maps, general plan,
budget, license applications, requests for public information and agendas.
• Created and implemented a new agenda process.
Fiscal Year 2003-2004 Budget
-46-
Town of Fountain Hills
Authorized Personnel
Position -Title
2000-2001
Authorized
FTE
2001-2002
Authorized
FTE
2002-2003
Authorized
FTE
2003-2004
Proposed
FTE
Administration
Town Manager
1.00
1.00
1.00
1.00
Undesignated Position
0
1.00
2.00
1.00
Director of Admin/Town Clerk
1.00
1.00
1.00
0
Town Clerk
0
0
0
1.00
Supervisor/Accounting
1.00
1.00
1.00
1.00
I/T Administrator
1.00
1.00
1.00
0
I/T Intern
0.50
0.50
0.50
0.50
Accountant
1.00
1.00
0
0
Accounting/H.R.Clerk
0.50
0.50
1.00
1.00
Administrative Intern
0.50
0.50
1.00
0
Asst to Town Mgr/Council
1.00
1.00
1.00
1.00
Executive Assistant
1.00
1.00
1.00
0
H.R. Administrator
1.00
1.00
1.00
1.00
I. T. Support Specialist
1.00
1.00
1.00
1.00
Administrative Assistant
1.00
1.00
1.00
0
Facilities Operations Sup.
1.00
1.00
1.00
1.00
Maintenance/Custodial Worker
1.00
1.00
1.00
1.00
Custodian
1.00
2.50
2.00
1.50
Clerk Typist/Receptionist
1.00
1.00
1.00
1.50
Authorized FTE 15.50 18.00 18.50 13.50
Salaries and Benefits $830,300
This category of expenditure provides salary and employee related expenses for 13.5 full time
equivalent positions including the town manager, town clerk, finance, human resources,
information technology, risk management and support staff. Salaries and benefits decreased by
$250,400 from fiscal year 2002-2003 as a result of the elimination of three full-time positions
when the budget reduction plan was implemented in January 2003. There are no new full-time
positions being requested in the fiscal year 2003-2004 proposed budget.
Contract Services $1,225,210
These funds provide for contracts with outside vendors who provide specialized functions for the
Town in the areas of accounting, auditing, legal fees, intergovernmental and miscellaneous fees.
In past years the Town has been able to provide funding to support the community services
including special social and community benefit programs, such as Senior Services, Boys & Girls
Club, Community Theater as well as the Fountain Hills School District. Unfortunately, these
funding requests have been postponed until such a time that the Town is financially able to
support them. The following line item explanations will provide an explanation and amount for
those items that represent a significant portion of the Administration budget.
Fiscal Year 2003-2004 Budget
- 48 -
Town of Fountain Hills
Sales Tax Rebate $798,460
In July 2001, the Town Council entered into an economic development agreement with the Shea
Retail Center providing Target stores with 50% of the local sales tax collected and paid to the
Town by the merchants doing business on the project. The total rebate cannot exceed $989,000
or ten years, whichever comes first; the fiscal year 2003-2004 payment is estimated to be
approximately $254,000, assuming that the tax rate remains at 2.6%. If the tax rate stays in
effect, it is estimated that the rebate will be paid in full within four years. The Town received two
large requests for local sales tax refunds that will require considerable research for verification. It
is likely that these refunds will be made in fiscal year 2003-2004 and total approximately
$545,000.
Public Transit/RPTA $56,250
The Town currently has two Intergovernmental Agreements (IGA's) for transportation related
services. The agreement with Maricopa County Human Services Department has provided the
Town with Special Transportation Services (STS) since 1995-1996. STS provides cost effective
transportation for low-income, elderly, and disabled Fountain Hills residents for medical
appointments, social services, shopping trips, adult day-care, recreational activities, employment
as well as home -delivered meals. The STS vans are driven by Maricopa County employees with
trips coordinated through the Fountain Hills senior center. The request for fiscal year 2003-2004
is $50,750. A new IGA was entered into in July 2002 with the Valley Metro Regional Public
Transportation Authority (RPTA). The IGA will provide funding to the RPTA for a portion of
the annual costs to run the bus service from Fountain Hills to Phoenix over the next three years.
The fiscal year 2003-2004 cost is estimated at $5,500 and is expected to increase each fiscal year.
The next two years' costs were not available at the time this budget was prepared.
Repairs and Maintenance $71,522
This section of the budget funds vehicle maintenance for two vehicles, office copier maintenance
contract ($15,000), and all expenditures dealing with maintaining and operating town -owned
facilities except minor maintenance and cleaning of the Community Center, Theater, and fire
stations. Budgeted amounts are based on the current costs and reflect reductions that were a
result of the budget reduction plan. The following is a breakdown of the costs:
HVAC (Heating, Ventilation and Air Conditioning) $14,500
HVAC for Town Center $ 9,680
Waste Collection $ 4,342
Cleaning Supplies $ 6,000
Electrical, plumbing, fuel station repairs $10,000
Maintenance/Repair Supplies (Home Depot, Paul's, etc) $10,000
$54,522
These costs assume that routine maintenance will be done by in house staff and outside service
calls only when technical service is required.
Supplies and Services $1 107 739
This category of expenditures for the Administration Department includes all routine operating
costs associated with the Town governmental functions. Administration supports all other
departments in the areas of public notices, public facility utilities and/or rent and postage costs.
Fiscal Year 2003-2004 Budget
-50-
Town of Fountain Hills I -, -4, U-e
Advertising $13,050
The annual cost of placing meeting notices, the annual budget, resolutions and ordinances in the
local newspaper; includes costs associated with employee recognition and service awards.
The following is a breakdown of the costs:
Notices, resolutions etc. $8,500
Recognition and service awards: $4,000
The awards are particularly important this year when staff is being asked to assume more
responsibilities as a result of the reduction in force.
Education/Training $14,450
The Town of Fountain Hills includes in the employee benefit package a tuition reimbursement
policy that encourages employees to further their education. Two employees are currently
enrolled in a college degree program, which benefits the Town as well as the employees. When
the employee receives a grade of `B" or better the class qualifies for reimbursement. Several of
the other Administration employees have certifications that require continuing education as part
of their continued professional development.
The following is a breakdown of the costs:
Tuition reimbursement
$7 000
Continued professional development
$1,500
Costs for two off -site director meetings
$3,000
Miscellaneous seminars
$2,250
Staff meeting speakers
$ 700
Dues and publications
$33,400
The estimated cost is $33,400 for fiscal year 2003-2004; the following is a breakdown of the
IN
costs:
Annual dues of the League of Arizona Cities and Towns $ 7,500
Maricopa Association of Governments (MAG) $ 4,000
ICMA $ 1,500
Subscriptions (FH Times, Republic, AM Best, West Group, etc) $ 5,400
MAG Special Census $15,000
The allocation of $15,000 has been included as an initial payment to MAG for a possible special
census in 2005. The Management Committee for MAG approved the establishment of a
Subcommittee on 2005 population options to explore alternatives to deriving a 2005 population
figure for distributing state shared revenues. The subcommittee approved reserving a total of
$6M over a four-year period to keep options open regarding taking a 2005 Special Census. The
Town's portion is 1%.
In past years, the Town Council has funded the Greater Phoenix Economic Council (GPEC) to
promote Fountain Hills; during the past two fiscal years GPEC has received no funding.
However, this budget includes GPEC's request in the amount of $8,300 to refocus the Town on
development of its tax base.
Fiscal Year 2003-2004 Budget
-51-
Town of Fountain Hills
N
Electricity/Water/Sewer $164,594
Utility costs for Town -owned buildings include electricity and water/sewer charges for a total of
$164,600. The following is a breakdown of the costs:
Town Hall $138,800
Kiwanis Building $ 4,500
Library/Museum $ 21,300
Liability Insurance $250,000
The Town of Fountain Hills is a member of the Arizona Municipal Risk Retention Pool
(AMRRP) which provides municipal insurance to most Arizona cities and towns. The limit for
basic coverage is $2,000,000 per occurrence on a claims -made basis, excess coverage in the
amount of $13,000,000 is included in the premium. The anticipated increase in insurance
premiums of approximately 15% in this budget reflects the trend in the insurance industry for
increases (the premium for next fiscal year has not yet been determined). The Town's coverage
maintains a $10,000 per occurrence deductible; there is $20,000 included within this line item in
the event two claims are made and the Pool settles on behalf of the Town as well as $5,000 for
additional endorsements for any equipment added.
Office Supplies $15,000
The Administration Department is responsible for supplying copy paper for all the departments of
the Town; the following is a breakdown of the other costs:
Five (5) pallets of copy paper @ $1,000 each
Misc. first aid supplies, flags, name plates $3,800
Consumables (binders, pens, staples, paper, etc.) $3,500
Annual holiday party $1,500
Water service $1,200
$5,000
Rent Expense $482,920
The Town leases office space under the provisions of a long-term lease agreement that provides
for annual adjustments to the rent. The rate for fiscal year 2003-2004 is $9.26/square feet, or
$476,920. The terms of the lease agreement also require that the Town reimburse the landlord for
property taxes in the estimated amount of $85,000 annually. The lease will expire on June 30,
2005. With the implementation of budget reduction plan reorganization, the administration staff
has begun reevaluating the Town's space needs and researching alternative options to long term
leasing. One option being considered is the construction of a new town municipal building and
senior center on Town -owned property. If this becomes the most economical decision, it would
require that reserves be set aside over the next two years so that the project can be on a pay-as-
you-go plan.
Fiscal Year 2003-2004 Budget
-52-
Town of Fountain Hills
ADMINISTRATION u
FY 2000-2001 FY 2001-2002 FY 2002-2003 FY 2002-2003 _ FY 2003-2004
Actual Actual Budget Estimate Budget
SALARIES & BENEFITS: j
Wages
640,634
653,995
860,000
785,000
673,300
FICA
13,278
13,959
18,200
14,000
15,100
Unemployment Insurance
725
968
1,000
1,000
I,000
Employee's Health Insurance
35,609
53,%9
78,100
61,500
57,8W
Employee's Life Insurance
681
634
900
700
700
Employee's Dental Insurance
5,492
6,607
8,400
7,500
7,100
Employee's Eye Insurance
1,389
1,404
1,900
700
0
Worker's Compensation Insurance
2,653
4,906
6,800
5,900
6,400
Employee's Retirement Fund
63,004
66,760
86,900
80,000
7, 66,000
Recruitment Costs
1 0
25,850
15,000
13,500
: 0
Disability Insurance
2,889
2,204
3,500
21500
2,900
TOTAL
CONTRACT SERVICES
Accounting Fees
11,875
13,443
18,000
15,0W
22.500
Professional/Outside Services
114,245
91,407
82,500
52.000
, 50,000
IGA's (School District)
32,200
50,800
17,200
0
0
Legal Fees
273,331
491,675
469,800
630.000
2%,2.00
litigation and/or Land Use ProfessionalFees
394,437
285
0
0
0
Community Benefit Programs
40,000
80,000
0
0
0
Chamber of Commerce
22,610
15,031
4,500
4,500 j
0
Civil Defense
1,269
1,415
1,500
1,500
1,8W
Public Transit /RPTA
51,868
0
0
0
56,250
Downtown Partnership
0
47,971
0
0
0
Drug Rehabilitation Counseling
(7,123)
12,214
8,000
4,000
0
Sales Tax Rebates
0
0
62,500
118,850
798,460
Senior Center Services
31,600
34,500
40,000
10,000
0
Boys & Girls Club
35,000
100,000
100,000
20,000
0
$1,001,313
$938,741
J
$804,000
$855,850
i
a $1,225,210
TOTAL
REPAIRS & MAINTENANCE:
Vehicle Maintenance
1,473
507 1,000
1.500
2,000
BuildingRepairs & Maintenance
P
124 593
83,812 102,000
52,000
54,522
Office Equipment Repairs
13,566
15.848 1 16,000
14,000
15,000
$139,632 $100,168 $119,000 _ $67,W a $71,522
TOTAL
Fiscal Year 2003-2004 Budget
-53-
Town of Fountain Hills
IM
C�
[A
SUPPLIES & SERVICES:
Advertising
7,939
12,236
11,000
10,000
13,050
Conferences
11,450
11,972
8,900
6,800
7,975
Education/Training
6,321
2,343
5,000
2,000
14,450
33,400
Dues & Publications
17,819
29,026
16,100
20,000
Dues - GPEC
7,681
0
0
0
8,300
139.932
Electricity
115,260
131,488
170,700
170,700
Gas & Oil
1,341
1,117
1,300
2,500
2,850
250,000
Liability Insurance
154,792
183,128
194,000
228,175
Office Supplies
36,276
36,061
30,000
20,000
15,000
Postage
14,630
16,682
17,200
17,200
17,200
Printing
5,006
2,358
4,500
4,500
4,500
Rent Expense
331,152
323,648
620,300
620,300
482,920
Water/Sewer
14,720
18,892
22,000
22,000
- 24,662
Travel
3,651
3,517
1,500
2,000
1-000
Uniforms
0
1,028
2,200
2,200
0
Bank Charges
1,443
1,474
1,500
1,500
1,500
$729,481►
$774,%g
$1,106,?A'
$1,129,874-
$1,017,739
TOTAL
CAPITAL EXPENDITURES
Capital Outlay -Vehicles
17,551
0
0 0
Capital Outlay-Furniture/Equip
72,440
1 71,031
0
0 0
Capital Improvements -Town Hall
119,048
78,106
1 0
0 0
$209,038 ` $149,137 u $p $0 $p
n
$2,845,818 $2,794,270 $311091900 $3,025525 $3,144,771
TOTAL CAPITAL EXPENDITURES
TOTAL EXPENDITURES
Fiscal Year 2003-2004 Budget
-54-
Town of Fountain Hills
Fiscal Year 2002-2003 Accomplishments
• Initiated live web casting of Town Council meetings on the Internet.
• Enhanced Town website to make available business license forms and information, zoning
and building permit status.
• Made available downloadable maps from Public Works including zoning, building
development, aerial photography and benchmark maps.
• Placed the Town's annual budget online in downloadable PDF format through the website.
• Placed the Town's general plan online in downloadable PDF format through the website.
• Created online library of forms — business license, request for public records, alarm permits
and Channel 11 announcements.
Fiscal Year 2003-2004 Objectives
• Expand internal training programs to reduce support needed in the future.
• Respond to HelpDesk requests within 90 minutes.
• Expand Government Access Channel 11 for civic issues.
• Expand co-operative IT intern program with local high school.
• Expand functionality of Town website.
�Wl Salaries and Benefits
The I/T division currently has one Information Technology Support Specialist and a part-time
Information Technology Intern. These positions are appropriated through the Administration
Department.
Contract Services $22,200
With the reduction in staff levels in the I/T division to 1.5 employees, an amount of $4,200 is
included in this budget for an outside contractor to cover during UT staff s absence. The annual
appropriation for videotaping council meetings is included within this category. (24 meetings at
$750 each = $18, 000).
Repairs and Maintenance $58,229
This expenditure line item includes required maintenance and service on all Town -owned
computer hardware and software. It includes annual software maintenance agreements and pay -
per -call service calls for the various programs. The I/T staff is researching the practicality of
eliminating annual maintenance contracts for some programs; it may be possible to reduce the
annual contract costs without jeopardizing the program updates. The cost by department is as
follows:
Fiscal Year 2003-2004 Budget
-56-
Town of Fountain Hills
Information Technology Division
Repairs & Maintenance FY 2003-2004
Information
Technology
All computer repairs, internet connection, domain
registration, software support
$28,900
Community Center
Software support for facility booking program
$ 2,900
Parks & Recreation
Software support for program registration & facility booking
program
$ 8,000
Street De t.
Pavement and fleet vehicle maintenance software sup -port
$ 7,875
Public Works
CAD software support
$ 4,654
Fire Dept.
Firehouse annual support
$ 700
Supplies and Services $85,890
An appropriation of $4,000 is included in education/training for Parks & Recreation staff to
implement a new software program requested with this budget. The I/T Support Specialist is
planning on taking some professional development courses that will enhance his level of service
to the public and the staff ($2,000).
In addition to the monthly line charges for the Internet, the Town pays a subscription service to
ASU and Qwest for the Internet connection at an annual amount of $9,240.
The I/T Division is responsible for all costs associated with telecommunications, networking, and
phones ($70,000). The monthly line charges through Qwest, ASU (internet), Muzak, and others
comprise the majority of this category at approximately $44,350. Long distance service is in
addition to the monthly line charges and is estimated to be approximately $20,000.
Capital Expenditures $17,050
Capital expenditures included in the I/T budget are for a new software program for Parks &
Recreation that will allow program participants to register for programs on-line using a credit
card. The cost of the Point of Sale/Payment Processing Server Module is $12,000 for the
software and $2,550 for the required hardware. The UT division is also requesting a new large
format scanner to replace the outdated one that the Town currently has.
Fiscal Year 2003-2004 Budget
-57-
Town of Fountain Hills
Municipal Court
Presiding Judge
Court
Administrator
Court Services Court Services Court Services
Specialist III Specialist I Specialist I
Mission Statement
The Fountain Hills Municipal Court is committed to professionally serving the citizens of
Fountain Hills by administering justice in a fair, efficient and respectful manner, so as to enhance
public trust and community confidence in our court system.
Department Description
The Fountain Hills Municipal Court is the judicial branch of the Fountain Hills government. The
court has jurisdiction over civil traffic, criminal traffic and criminal misdemeanor offenses and
violations of our town codes and ordinances. The Municipal Court judge also presides over some
juvenile violations and has authority to issue search warrants, orders of protection and injunctions
against harassment.
As part of the Arizona State Court System, the Fountain Hills Municipal Court is subject to the
authority and administrative supervision of the Arizona Supreme Court. The court has legal
obligations and reporting responsibilities to the State, as well as to the Town of Fountain Hills.
The court must comply with constantly changing federal, state and local laws and administrative
rules, including those relating to crimes and criminal procedure, victims rights, domestic
violence, driving under the influence, record keeping, ADA, minimum accounting standards and
judicial ethics. Decisions regarding the overall function of the court are the sole responsibility of
the presiding judge, who also has exclusive supervisory authority over all court personnel.
Performance Standards
• Adjudicate 95% of all civil traffic cases within 60 days.
• Adjudicate 80% of criminal and criminal traffic cases within 60 days and 95% within 120
days.
• Maintain a fair and impartial environment to resolve legal disputes.
• Respond to incoming mail requests within 24 hours.
• Issue warrants for failure to appear within two business days.
• Keep written procedures current with changes in laws and rules.
Fiscal Year 2003-2004 Budget
-71-
Town of Fountain Hills
Management Indicators
Recreation
• Special Events
• Adult and Youth Sports Activities/
• Number of Courses Offered
• Special Interest Programs/
• Number of Courses Offered
• Youth and Teen Programs/
Number of Courses Offered
• Clubs Co -Sponsored by
Parks and Recreation
• Volunteer Hours (estimated)
Administrative Support
Youth Sports Organizations — Facility Bookings
• Little League Baseball
• PONY League Baseball
• Jr. Miss Softball
• Soccer Club
• Lacrosse Club
• Pop Warner Football
Total
Parks and Recreation Revenue
2001-2002
2002-2003
2003-2004
Actual
Estimated
Projected
10
7
4
191/126
12/60
12/83
27/ 142
11/61
12/ 124
11/36
9/27
8/50
7
8
0
3,700
3,800
4,000
426
443
425
110
133
135
6
48
50
255
377
325
132
110
150
130
94
100
1,059
1,205
1,185
2001-2002
Actual
• Recreation Programs $ 175,376
• Facility Rentals $ 10,434
• Park Ramada Reservations $ 2,985
Parks and Recreation Grand Total $ 188,795
Fiscal Year 2003-2004 Budget
-78-
2002-2003
Estimated
$ 145,070
$ 12,000
$ 3.000
$ 160.070
2003-2004
Projected
$ 170,750
$ 15,000
$ 3,000
$ 188.460
Town of Fountain Hills
Recreation Programs
Salaries and Benefits $372,620
This category includes projected salary and employee related benefits for 4.5 full-time staff and
several part-time/seasonal staff.
Contract Services $142,550
No increase was anticipated for recreation programs, which include special interest programs,
special events, adult and youth sports activities, and youth and teen programs. The special
programs line item of $34,350 is broken down as follows: $4,250 for an adult education class
instructors for 3 sessions with estimated 250 participants; $11,920 for supplies and instructions
for three sessions of art classes with 260 participants; $500 for refreshments for 958 bridge
participants; $900 for computer class instructors for 60 participants; $2,250 for a dance class
instructor for 120 participants; $1,890 for a dog obedience instructor for 60 participants; $1,110
for hiking leader with 120 participants; $2,240 for language instructor for 70 participants; $1,260
for a photography instructor for 45 participants; $2,070 for TaiChi instructors with 90
participants; $2,440 for a Yoga instructor with 100 participants, and $3,520 for Karchner Caverns
trips.
The youth and teen programs line item of $11,100 is broken down as follows: $1,175 for art class
supplies with 159 participants, $6,863 for a dance class instructor for 305 participants; $500 for
Kiddie Rythmics supplies for 48 participants; $1,300 for Mayor's Youth Council supplies with
100 participants, and $1,225 for Roar n' Snore for 330 participants.
The sports activities line item of $51,100 is broken down as follows, $1,420 for adult basketball
referees and supplies for 18 teams; $11,605 for youth basketball referees and supplies for 320
participants; $1,140 for golf instructors for 60 participants; $5,880 for a gymnastics instructor for
120 participants; $1,200 for karate instructor with 80 participants; $7,120 for adult softball
umpires and supplies for 36 teams; $6,440 for senior softball umpires and supplies for 46 teams;
$7,005 for senior softball tournament umpires and supplies for 40 teams; $6,564 for youth and
adult tennis instructor for 168 participants; $4,625 for turkey trot supplies with 600 participants;
$1,236 for a youth volleyball coach and supplies for 36 participants; $674 for a youth wrestling
coach and supplies for 25 participants; and $670 for youth sports competition supplies for 300
participants.
Each program was analyzed comparing expenses, including overhead versus fees, to insure at
least a break-even program.
Repairs and Maintenance $2,950
This refers to expenses relating to the department's 15-passenger van, as well as maintenance and
repair to office equipment.
Supplies and Services $24,950
This category includes advertising, conferences, continuing education, dues and publications, gas
and oil, office supplies, printing, communications, travel, and uniforms.
Fiscal Year 2003-2004 Budget
-81-
Town of Fountain Hills
PARKS & RECREATION
I I L
FY 2000-2001 FY 2001-2002 J FY 2002-2003 FY 2002-2003 _ FY 2003-2004
Actual Actual Budget Estimate Budget
ilI
SALARIES & BENEFITS:
Wages
344,226
391,524
384,700
$367,000
307,800
FICA
10,375
12,412
10,300
1 $7500
10,400
Unemployment Insurance
868
971
800
$700 800
Employee's Health Insurance
16,372
26,945
38,100
$34,200 23,300
Employee's Life Insurance
388
326
400
$350 300
Employee's Dental Insurance
2,338
2,992
3,900
$3,400 2,400
Employee's Eye Insurance
645
644
900
$350 0
Workers Compensation Insurance
2,074
3,053
3,700
$3,600 3,220
Employee's Retirement Fund
24,379
30,342 1
1 34,100
1 $32,000 23,400
Disability Insurance
1,163
1,104
1,400
_
$1,300 1,000
Recruitment Costs
370
12,683 1
0
50 0
"� $403,199 $482,995
$478,300"'x�$450,400
$372,620
TOTAL
CONTRACT SERVICES
- - -- --
Engineering Fees
2,000
1,117
5,000
0 0
Special Programs
46,296
69,551
63,000
40,000 39,150
Youth and Teen Programs
38,288
43,459
44,000
27,500 11,100
Sports Activities
62,472�49,521
48,500
43,000' 51,100
McDowell Mtn Preservation
3,631
500
600 1,000
Constituent Communications
43,191
56.500 1
1 36,450 : 40,200
$195,879
$222,565
a $217,5W
$147,550 J $142,550
TOTAL
REPAIRS & MAIIV1'ENANCE:
Vehicle Maintenance & Repair
183
475
1,000
1.200
5W
2,450
Office Equipment Maintenance
448
2,362
2,000
:.450
TOTAL
$631 - -
._ _$2,837 , $3,000
SUPPLIES & SERVICES:
-
1,500
Advertising
4,222
1,885
1,500
1,000'',
Conferences
4,285
8,842�3,50MO
1,200
1,700
Education/I'raining
3,786
1,729
1,000
3,200
Dues & Publications
1,961
1,859
1,200 1,400
Gas & Oil
1,168
1,094
1 2,000
1,000 1,500
Office Supplies
15,138
7,042
81000
7,000 7,000
Printing
5,376
3,138
1 2,500
2,500 Z500
Communications
3,726
3,549
4,200
3,000 1
2 500
Travel
2,451
3,095
250
250 1
500
Uniforms
2,387
3,421
3,000
2,500
3,000
Bank Charges
46
89
150 1
1 150
150
$44,547
$35,742 $29,550 Li
--
'$24,950
TOTAL
CAPITAL EXPENDITURES
-- - -
Capital Outlay - Vehicles
01
10
0
0 1 0
Capital Outlay - Improvements
_ 0 1
1 0 1
1 0
30,000 0
TOTAL CAPITAL EXPENDITURES 1
$0 $0 $0 - $30,000 - $0
$644.256 $744,139 $728,350 $652,400 $543,070
TOTAL EXPENDITURES I
Fiscal Year 2003-2004 Budget
-82-
Town of Fountain Hills
Parks
Salaries and Benefits $214,290
The parks are maintained by a staff that consists of a park supervisor, two parks operations
supervisors, and one parks operations worker. Although the staff members are assigned to a
specific park, they share responsibilities for all parks and perform their duties wherever
necessary. One park operations supervisor accepted a severance package as a result of the budget
reductions this fiscal year. However, the remaining park staff will cover the maintenance and
operations of the park until the position can be filled.
Desert Vista Neighborhood Park $ 0
Fountain Park $ 56,370
Four Peaks $ 0
Golden Eagle Park $157,920
Contract Services $12,800
Aquatic consulting fees paid to maintain Fountain Lake, reduce midge flies and mitigate other
problems.
Repairs and Maintenance $292,550
This refers to expenses relating to the daily maintenance of the park, as well as renting power
tools and small equipment to perform park maintenance repairs. The major component to this
category is the annual landscape contract, which comprises most of the expenditures for this
category. The annual landscape contract was be re -bid during fiscal year 2001-2002 and renewed
on an annual basis for up to four additional years. During fiscal year 2002-2003 the annual
landscape contract was significantly reduced to meet the budget reduction plan implemented
during this fiscal year. Additionally, the annual landscape contract is adjusted annually to include
the Consumer Price Index.
Desert Vista Neighborhood Park $ 36,900
Fountain Park $133,250
Four Peaks Park $ 42,000
Golden Eagle Park $ 80,400
Desert Vista Park has $36,900 budgeted for repairs and maintenance, primarily mowing and
landscaping work in the amount of $30,000. This line item consists of mowing 42 times,
equaling $17,000; irrigation technician at $2,400; spraying fields at $2,200 and over seeding the
fields at $8,400.
Fountain Park's budget of $133,250 consists of equipment repairs at $12,000 to replace valves on
the "world famous" fountain and make any necessary repairs. Field and park maintenance line
item of $43,300 consists of; liquid fertilizer $11,000, acid supplies $5,000, granular fertilizer
$5,000, irrigation repairs $6,000, Wercon service $2,500, hydroseeding $2,500, concrete pads
$2,000, trees $800, memorial benches $5,000, waterfowl removal $3,000, and flags at $500.
Fountain Park's mowing and landscaping line item of $70,000 breaks down as follows: Mowing
42 times at $23,000; irrigation $4,800; irrigation tech $7,000; pesticide spraying $4,020;
trimming $6,000; and over seeding and scalping at $25,200.
Fiscal Year 2003-2004 Budget
-85-
Town of Fountain Hills
Development Fee Expenditures
In November 2000, the Town Council of Fountain Hills passed Ordinance 00-21 to establish and
impose development fees on new residential permits to offset the costs associated with growth.
The development fee accounts are restricted and may only be spent for the particular public
facility for which they were imposed. Each year during the budget process, the Town of Fountain
Hills will identify the projects anticipated to be funded in whole or in part with development fees.
For fiscal year 2003-2004, the following schedule is presented for Council consideration and
itemizes the proposed development fee expenditures based on available balance in each account
as of June 30, 2004.
Law
Open
General
Enforcement
Street
Parks
Space
Government
TOTALS
Balance 6/3/2001
$960
$13,742
$33,900
$37,740
$13,987
$100,329
FY 2001-2002 Revenues
$10,843
$144,761
$176,759
$198,023
$160,338
$690,724
FY 2001-2002 Expenditures
$0
$0
($80,954)
$0
($185,500)
($266,454)
FY 2002-2003 Revenues
$5,700
$89,070
$199,725
$222,350
$82,350
$599,195
FY 2002-2003 Expenditures
0
($7,000)
$0
$0
($50,000)
($57,000)
FY 2003-2004 Revenues
$9,950
$138,175
$347,200
$386,500
$139,900
$1,021,725
FY 2003-2004 Expenditures'
$0
($200,000)
($60,000)
($33,500)
($50 000)
($343 500)
FY2003-2004EndingRaL
$27,453
$178,748
$616,630
$811,113
$111,075
$1,745,019
Fiscal Year 2003-2004 Pronosed Proiectc-
Street: Major road improvements: design and install traffic signal at El Lago and
Fountain Hills Boulevards.
Parks: Design of skate park at Four Peaks Neighborhood Park
Open Space: Trailhead study/design for preservation land.
General Government: Reimburse or review the general fund for proportionate share of costs of
municipal office space; these were included in the calculation of the
impact fee for general government expenditures and therefore is an
appropriate use of development fee funds; potential development fee
study.
Fiscal Year 2003-2004 Budget
- 134 -
RIVIM,
Town of Fountain Hills
Capital Improvement Goals
A capital improvement project is defined as a non -recurring project costing more than $10,000,
resulting in the construction, renovation, or acquisition of infrastructure with an expected useful
life of many years. The most common examples include land and building purchases,
construction of municipal buildings, street improvements, equipment replacement, flood control
projects, median improvements and parks. Sources of funding for capital improvement projects
include fund revenues and reserves, grants, or other forms of long-term financing recommended
to the Council.
The Town of Fountain Hills capital improvement goals will become an integral part of the five-
year blueprint for creating and maintaining the infrastructure and equipment replacement program
to maximize the use of "pay-as-you-go" financing. Much of the work involved in the
development of the Town's capital improvement goals involves identifying the priorities for the
most urgent capital projects and balancing those projects with available revenue sources.
The goals also give residents and businesses a clear and concrete view of the Town's long-term
direction in the area of capital improvements and a better understanding of the Town's ongoing
needs for stable revenue sources to fund large or multi -year capital projects. It should be noted
that over the five-year period, the cost of a project and projected completion date could vary from
the initial plan. Reasons for this variance include Council priorities, greater or less than
anticipated revenue sources, greater than anticipated construction or replacement costs, and
unforeseen events.
A direct relationship exists between the Town of Fountain Hills' capital and operating budgets.
Capital projects completed generally require additional operating budget resources for upkeep,
maintenance, security and other costs associated with additional acreage, mileage or square
footage. Additional operating costs resulting from capital projects must be considered in
planning future operating budgets. The Town will consider new capital projects only if future
operating revenues are sufficient to support future operating costs.
A summary of the proposed capital improvement goals for fiscal year 2003-2004 through fiscal
year 2007-2008 follows.
Fiscal Year 2003-2004 Budget
- 140 -
Town of Fountain Hills
Capital Improvement Goals (FY 2003 — FY 2008) - ($ x 100)
Project Description
03-04
04-05
05-06
06-07
07-08
A
LANDSCAPE MAINTENANCE
I
Maintenance Contract
150
155
160
165
170
B
WASHES, DAMS, & PRESERVES
I
Wash clean up
150
150
160
160
170
C
MAJOR LANDSCAPE IMPROVEMENTS - MEDIANS
1
11,andscape Upgrades (Locations to be determined)
25
25
25
25
2
ILandscape New Medians
La Montana Medians @ Community Center
70
Palisades -Fountain Hills Boulevard east to existing median
4
Palisades-Westby to La Montana
70
Palisades -La Montana to Saguaro
120
3
Upgrade 2 waterfalls on Avenue of the Fountains
30
4
jUpgrade Avenue oft Fountains Electrical (East End)
13
5
Avenue of the Fountains RFP
225
Dependent upon RFP
D
EQUIPMENT
1
Replace Truck (Open Space)
35
2
Replace Truck (Engineering Inspector)
25
3
lReplace Truck (All Purpose)
25
4
lReplace Truck (Building Safety
25
25
5
1/2 Ton Pickup (Supervisor) Streets
25
6
Dump Truck
100
7
Bucket/lift truck (signal maintenance, tree trimming)
100
8
Street Sweeper
15
9
Sign Maintenance Truck
40
10
Compressor/Trailer
10
11
New Striper
100
12
New Grade Tractor
100
E
PARK IMPROVEMENTS
1
Activity Area with Shared Tot Lot and Playground - Fountain Park
300
2
North Sidewalk - Fountain Park
187
3 1
Three Small Picnic Ramadas and Associated Amenities - Ftn Park
209
4
Engineering/design fees, modular components for Four Peaks Skate Park
6
5
Skate Park Construction - Four Peaks Neighborhood Park
25
6
Spray/Water Play Park - Fountain Park
125
7
Performance Pad - Fountain Park
184
8
Walking Path - Phase III Fountain Park
214
9
Engineering/design fees for Phase H Improvements - Four Peaks Park
212
665
10
Phase H Construction - Four Peaks Park
1,553
11
East Parking Lot - Fountain Park
306
12
Children's Water Feature - Golden Eagle Park
10
13
Phase H Design Fees - Desert Vista Neighborhood Park
67
14
Phase 11 Construction - Desert Vista Neighborhood Park
665
15 ISprinkler
System Reconstruct - Fountain Park
500
16
Park Signage
84
17
Educational Arboretum/Signage
58
18
BMX Track
30
19
Trail/Connectivity Paths
1,000
20
Aquatic/Fitness Facility
1,000
Fiscal Year 2003-2004 Budget
- 141 -
Town of Fountain Hills
Capital Improvement Goals — continued
Project Description 1 03-04 1 04-05 1 05-06 1 06-07 07-08
F
IFACILITIES
1
Municipal and Senior Center
1,500
1,500
2
Street Yard Building
300
3
Performing Arts Building
2,000
TRAFFIC SIGNALS
1
Signal Interconnect: (1) Shea (Eagle Mtn Pkwy to Palisades) (2) Shea
(Technology to Saguaro) (3) Saguaro (El Lago to Grande)
90
40
50
2
INew Traffic Signals:
Fountain Hills Boulevard/El Lago (50% developer)
Saguaro/El Lago (50% developer)
200
Palisades/Sunridge Drive (50% developer)
200
Avenue of the Fountains/La Montana
220
Palisades/Eagle Ridge Drive -Palomino
220
STREET IMPROVEMENTS
1
Shea Bke Lanes/Median (Construction Management)
2
Shea @ Saguaro--EB to NB LT lane lengthening
30
3
Town Center Improvement District (Avenue of the Fountains)
100
100
4
WB Shea Climbing Lane --Fountain Hills Boulevard to Palisades (Federal
Aid Project)
200
5
JWB Shea west from Saguaro, 3rd lane taper -back
200
6
JGuardrail Modifications/removals
50
I
STREET ENHANCEMENTS
1
Sidewalks
30
50
50
50
2
Traffic Calming
5
5
5
5
3
La Montana Medians @ Community Center (Curbs)
100
4
Construct New Median and Curbs on Exist. Streets
Ia.
Palisades -Fountain Hills Boulevard east to existing median
60
b.
Palisades-Westby to La Montana
100
c.
Palisades -La Montana to Saguaro
180
J
DRAINAGE
1
Drainage Proiects
a.
Ruskin and Kipling (remove & replace curbs and AC - ponding)
40
b. IMalta
and Saguaro (west side) Add CMP and catch basins
60
c.
Saguaro (south of Palmer); Saguaro (west side of Baptist Church);
Saguaro (west side of Ledferd Lane) New catch basins
60
d.
Del Cambre - Rosita to Ashbrook Wash (Add catch basins and CMP)
50
2
Participation Agreement with Mirage Homes for a culvert project.
Firebrick Drive and Laser Drain
100
MAJOR STREET REPAIR
1 IMill
and Overlay *
750
1,000
1,000
2 lReconstruct
*
100
100
100
* Assessment study will be performed to determine the extent of the
street maintenance. (Dollar amounts are estimated at this time.)
Total - Capital Projects 1
1,316
4,978
6,021
3,782
5,582
Fiscal Year 2003-2004 Budget
- 142 -
Town of Fountain Hills
py4iM✓�
Schedule of Authorized Positions
Position - Title 2000-2001 2001-2002 2002-2003 2003-2004
Authorized Authorized Authorized Proposed
FTE FTE FTE FTE
Court
Presiding Judge
1.00
1.00
1.00
1.00
Court Administrator
1.00
1.00
1.00
1.00
Court Collection Specialist
1.00
1.00
1.00
0
Court Services Specialist
2.50
3.00
3.00
3.00
Authorized FTE 5.50 6.00 6.00 5.00
Administration
Town Manager
1.00
1.00
1.00
1.00
Undesignated Position
0
1.00
2.00
1.00
Director of Admin/Town Clerk
1.00
1.00
1.00
0
Town Clerk
0
0
0
1.00
Supervisor/Accounting
1.00
1.00
1.00
1.00
I/T Administrator
1.00
1.00
1.00
0
I/T Intern
0.50
0.50
0.50
0.50
Accountant
1.00
1.00
0
0
Accounting/HR. Clerk
0.50
0.50
1.00
1.00
Administrative Intern
0.50
0.50
1.00
0
Asst to Town Mgr/Council
1.00
1.00
1.00
1.00
Executive Assistant
1.00
1.00
1.00
0
H.R. Administrator
1.00
1.00
1.00
1.00
I. T. Support Specialist
1.00
1.00
1.00
1.00
Administrative Assistant
1.00
1.00
1.00
0
Facilities Operations Sup.
1.00
1.00
1.00
1.00
Maintenance/Custodial Worker
1.00
1.00
1.00
1.00
Custodian
1.00
2.50
2.00
1.50
Clerk Typist/Receptionist
1.00
1.00
1.00
1.50
Authorized FTE 15.50 18.00 18.50 13.50
Building Safety
Chief Building Official
1.00
1.00
1.00
1.00
Plans Examiner
1.00
2.00
2.00
2.00
Building Inspector
2.00
1.00
1.00
2.00
Building Permit Technician
2.00
2.00
2.00
2.00
Senior Building Inspector
2.00
2.00
2.00
0
Building Safety Clerk
1.00
1.00
0
0
Code Enforcement Officer
0
0
0
3.00
Administrative Assistant
0
0
0
1.00
Authorized FTE
9.00
9.00
8.00
11.00
Fiscal Year 2003-2004 Budget
- 146 -
Town of Fountain Hills
Schedule of Authorized Positions
Position - Title 2000-2001 2001-2002
Authorized Authorized
FTE FTE
Parks & Recreation
2002-2003
Authorized
FTE
2003-2004
Proposed
FTE
Director
1.00
1.00
1.00
0.50
Park Supervisor
1.00
1.00
1.00
1.00
Recreation Supervisor
1.00
1.00
1.00
1.00
Rec. Program Coordinator
3.00
3.00
3.00
2.00
Parks Worker
2.00
1.00
1.00
1.00
Parks Intern
0.50
0.50
0
0
Recreation Intern
1.00
1.00
0
0
Parks Operation Supervisor
3.00
3.00
3.00
2.00
Recreation Assistant
5.00
4.00
4.00
4.00
Executive Assistant
1.00
1.00
1.00
1.00
Administrative Assistant
1.00
1.00
1.00
0
Receptionist
0
0
0
.50
Authorized FTE 19.50 17.50 16.00 13.00
Law Enforcement
Town Marshal
1.00
1.00
1.00
1.00
Sergeant
4.00
4.00
3.00
2.00
Deputy Marshal
14.00
14.00
8.00
4.00
Dispatcher
6.00
7.00
7.00
0
Administrative Assistant
0
0
1.00
1.00
Authorized FTE 25.00 26.00 20.00 8.00
Community Center
Director
0
1.00
1.00
0.50
Events/Marketing Coordinator
0
1.00
1.00
1.00
Operations Supervisor
0
1.00
1.00
1.00
Administrative Assistant
0
0.50
1.00
1.00
Operations Worker
0
1.00
1.00
1.50
Custodian
0
0
1.00
1.00
Volunteer Coordinator
0
0.50
0.50
0.50
Authorized FTE 0.00 5.00 6.50 6.50
Total Authorized FTE 104.50 115.00
Fiscal Year 2003-2004 Budget
- 148 -
106.00 84.00
Town of Fountain Hills
JOB DESCRIPTION - CODE COMPLIANCE INSPECTOR
JOB OBJECTIVES
Performs skilled technical work in enforcing building ordinances, zoning, land use, signage, and
public nuisance codes in the Town.
SUPERVISION RECEIVED
Work is performed under the supervision of the Chief Building Official.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Responds to complaints from the public, orally and in writing. Investigates possible violations of
Town property maintenance, nuisance and zoning codes; identifies violations and properties not
in compliance and follows up with warning notices and citations to ensure compliance with city
codes. Works with citizens, property and business owners to correct violations.
Performs preventative enforcement and conducts field inspections; inspects assigned areas of the
Town to locate and observe violations of city codes including zoning nuisance, environment,
swimming pool, neighborhood enhancement and health and safety ordinance violations.
Meets with residents to discuss accused violation, using diplomacy and tact.
Researches case histories, approval documents, approved blueprints, property ownership records,
sales tax licenses, aerial photos, microfiche records, utility records and other related documents as
necessary.
Provides information to the public, other Town departments, architects, engineers, contractors,
and interested parties regarding zoning and other regulations, variances, related departmental
programs and policies.
Prepares reports, documents inspections, issues notices or letter, photographs property conditions
and maintains required records. Uses a computer database for reporting and record keeping.
Is proactive regarding sign code enforcement.
Prepares cases for court actions, assists the Prosecutor's Office in determining appropriate
disposition of outstanding cases and testifies in court.
Performs systematic review of every property in Town on an annual basis.
Performs related duties as assigned.
KNOWLEDGE, SKILLS, ABILITIES
Basic aspects of a variety of business and residential structures, and those areas covered by Town
codes related to buildings, land use, fire, parking, signs, zoning, and public nuisance regulations.
Investigative techniques used to inspect residential, business, and land -use activities for non-
conformance and/or to ensure compliance with codes and ordinances.
Town's geography, including the location and layout of streets and zones.
Computer hardware, software and peripherals. Ordinances, practices, procedures and
terminology of governmental operations.
Ability to:
Resolve issues and conflicts through working partnerships with citizens and neighborhood
associations;
Deliver quality services that meet customer needs in a respectful and professional manner through
positive, effective and honest communication;
Communicate effectively with others, orally and in writing, using proper sentence construction
and clearly organized thoughts in the explanation and application of regulations and procedures;
Fiscal Year 2003-2004 Budget
- 153 -
Town of Fountain Hills
�yk.u✓l
Perceive and interpret customer needs and translate them into effective solutions and operational
policy;
Work in a variety of weather conditions with exposure to the outdoor elements;
Operate a variety of standard office equipment, including a personal computer that requires
continuous and repetitive eye, arm, and hand movement.
Establish and maintain effective working relationships with co-workers, supervisors, and the
general public;
Produce letters and reports, which present case facts clearly and concisely;
Analyze, interpret, and acquire knowledge of the Town's sign and zoning ordinances and
regulations; and maintain regular consistent attendance and punctuality.
Skill in:
Use of computers, databases, and software.
MINIMUM QUALIFICATIONS
Any combination of education and experience equivalent to two years of recent public contact
experience, preferably including the application and interpretation of rules and regulations; or two
years of supervisory experience in general construction work; or any equivalent combination of
experience and education which provides the knowledge, skills, and abilities to perform this
work.
ADDITIONAL REQUIREMENTS
Physical Requirements:
Requires vision (which may be corrected) to read small print.
Requires the mobility to stoop, stand, reach and bend. Requires mobility of arms to reach and
dexterity of hands to grasp and manipulate small objects.
Requires the ability to stand for long periods.
Requires the ability to walk long distances.
Performs lifting, pushing and/or pulling which does not exceed 50 pounds and is an infrequent
aspect of the job.
Work Environment:
Is subject to inside and outside environmental conditions.
May be required to work in inclement weather without effective protection from the sun, cold and
rain.
May be required to work within enclosed spaces or at heights above ground level.
May be required to work around loud noise.
May be required to attend periodic evening meetings and/or to travel within and out of district
boundaries to attend meetings.
May be required to work weekend hours.
License or Certificate:
Possession of a valid driver's license issued by the State of Arizona.
AACE certification is required within the first year of employment.
FLSA Status: Non-exempt
Fiscal Year 2003-2004 Budget
- 154 -
Town of Fountain Hills
JOB DESCRIPTION - DOWNTOWN DEVELOPMENT COORDINATOR
JOB OBJECTIVES
Plans, organizes, and implements an economic development program to promote the growth and
development of the Town's economic base, assists in the retention and expansion of existing
businesses, and vigorously seeks out new businesses for the Town, focusing in the downtown
area.
SUPERVISION RECEIVED
The Downtown Development Coordinator reports to the Planning Manager.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Plans and organizes downtown development programs related to generating business and
development opportunities.
Coordinates all administrative aspects of the downtown development program including
purchasing, record keeping, grant administration, budget development and accounting. Prepares
all reports required by the Town, assisting with the preparation of reports to funding agencies and
supervising staff or consultants.
Develops strategies for downtown economic development utilizing the Town's human and
economic resources. Becomes familiar with all persons and groups directly or indirectly involved
in the downtown commercial area. Is mindful of the roles of various downtown interest groups,
assisting committees in developing an annual action plan for implementing a downtown
revitalization program focused on the aspects of design preservation, promotion,
organization/management, and economic restructuring/development.
Develops and conducts ongoing public awareness and educational programs designed to enhance
appreciation of the downtown's assets. Fosters an understanding of the downtown development
program's goals and objectives through speaking arrangements, media interviews and
appearances, while keeping the downtown highly visible in the community.
Acts as liaison between the Town, local and regional Chambers of Commerce, Economic
Development Councils and various federal, state and local government agencies.
Assists individual tenants or property owners with physical improvement projects through
personal consultation or by obtaining and supervising professional design consultants; assists in
locating appropriate contractors and materials; when possible, participate in construction
supervision; provides advise and guidance on necessary financial mechanisms for physical
improvements.
Assesses the management capacity of major downtown organizations and encourages
improvements in the downtown community's ability to undertake joint activities such as
promotional events, advertising, uniform store hours, special events, business recruitment,
parking management, and so on. Provides advice and information on successful downtown
management. Encourages a cooperative climate between downtown interests and local public
officials.
Provides leadership for the active participation of business and community residents in presenting
the Town to visitors.
Monitors the downtown's success by developing and maintaining data systems to track and assess
the progress of the downtown development program. These systems should include at minimum
economic monitoring, accurate and up-to-date tax base information, individual building files,
thorough photographic documentation of all physical changes and information on job creation
and business retention.
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
Proposes strategy to achieve goals and objectives for downtown development to the Planning
Manager; exercises broad discretion and makes independent judgments to attain goals and
objectives.
Develops and maintains an inventory of community resources including: commercially and
industrially zones land, public infrastructure, social, cultural and education advantages and related
demographic information.
Prepares and administers the Town's Business and Industry Marketing Program.
Maintains inventory of potential business relocations and develops prospectus client list.
Establishes, maintains and coordinates working relationship with federal, state, municipal, and
regional agencies involved in economic development and workfare education and training.
Addresses businesses and civic groups regarding economic development activities.
Attracts businesses to locate in Fountain Hills and facilitates building construction in the
downtown area.
Administers a business retention and service program.
KNOWLEDGE, SHILLS, ABILITIES
Knowledge of:
Theory, principals and practices of economic and community development;
Theory and practices of micro and macro economics, finance, marketing and general business
administration;
State and Federal laws and regulations, sections of the Fountain Hills Town Code, standards,
policies and practices of the State Economic Development Department;
Industrial, foreign trade, and enterprise zone law;
Private activity bond practices and procedures;
State, federal, and regional grant programs pertaining to economic and community development.
Ability to:
Communicate effectively in oral and written form.
Direct consultants and project teams.
Make important judgments with regard to varied business matters of significance to the Town.
Think analytically and creatively.
Work independently.
Establish and maintain effective working relationships with local business leaders, business
association officials, federal, state, local and regional economic development officials, Town
staff, Boards and Commissions and the general public.
Skill in:
Use of computers, databases, and software.
MINIMUM QUALIFICATIONS
Any combination of education and experience equivalent to a Bachelor's Degree, and preferably
a Master's Degree, in urban and regional planning, market economics, architecture, urban
geography or a related field, and three years experience in an economic development or real
estate environment. A CEcD or AICP designation preferred.
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
ADDITIONAL REQUIREMENTS
Physical Requirements:
Requires the ability to sit for potentially long periods of time throughout the workday.
Manual dexterity and vision sufficient to operate computer systems for potentially long periods of
time without experiencing abnormal hand, wrist or eye strain.
Hearing sufficient to understand conversations, both in person and on the telephone.
Ability to work out-of-doors in all weather conditions.
Ability to operate a Town or personal vehicle in the course of work.
Work Environment:
Working conditions in the office are clean, well lit, and free from extremes of temperature and
humidity.
Working conditions in the field are subject to extreme variations in temperature and can include
high wind and rain.
License or Certificate:
Possession of a valid Arizona driver's license is required.
Professional certification as Certified Economic Developer preferred.
FLSA Status: Non-exempt.
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
JOB DESCRIPTION - EMERGENCY MANAGEMENT COORDINATOR
JOB OBJECTIVES
To serve as the Town's liaison on emergency preparedness issues, coordinating training programs
and emergency operations drills, and assisting departments with their emergency and mitigation
plans, response and recovery activities. Assist in evaluating emergency service contracts.
SUPERVISION RECEIVED
The Emergency Management Coordinator reports to the Town Manager and works only under the
most general supervision. Work is evaluated primarily on the basis of results achieved.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Manages the daily activities and coordination of Town's emergency management program and
services.
Reviews the Town of Fountain Hills emergency plans to identify and resolve hazards and
potential shortfalls in preparedness for community emergencies.
Provides or coordinates training and instruction in disaster preparedness, emergency operations
and procedures with State and regional emergency management programs, orientations, drills and
exercises.
Serves as liaison to state emergency management agency (ADEM) and Maricopa County
Emergency Management.
Administers the Emergency Management Program budget, supplies, grants and reporting
compliance requirements.
Coordinates the response and recovery activities of departments, organizations and agencies
involved in disasters.
Establishes, implements and evaluates operational emergency response systems such as alerting
the public, recalling personnel, managing resources and cost recovery.
Responsible for ensuring that all emergency management documents, manuals, plans and recall
lists are up to date.
Identifies resources and/or agencies available to the Town of Fountain Hills in the event of an
emergency. The resources should include, but are not limited to, other agencies, available
equipment and manpower.
Initiates, develops and delivers public outreach and awareness campaigns, public service
announcements and media releases for emergency and non -emergency information.
Develops marketing materials, pamphlets, brochures and instruction manuals on emergency
awareness, preparedness and safety procedures.
Responsible for investigations of all liquor, alarm and peddler licenses as required by the state,
county and Town. Prepares written reports with recommendations on all investigations.
Reviews liquor license applications.
Acts as liaison with law enforcement and fire departments, focusing on contract negotiation and
developing accountability measurements.
Assists in reviewing, evaluating and negotiating contracts for emergency services (police, fire,
medical, and animal control).
Writes memos, Town Council reports, damage reports, and other administrative reports.
Point person for homeland security issues.
Resolves routine problems encountered in performance of work assignments.
Performs other related duties as assigned.
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
KNOWLEDGE, SKILLS, ABILITIES
Knowledge of:
Federal, State, regional, County and Town emergency operations plans and management laws,
statutes, rules, regulations, guidelines practices and procedures;
Education and training methods and practices;
Emergency management program development, administration and management;
Geographical layout of local and regional area;
Computer hardware, software and peripherals;
Customer service and public relations practices and procedures
Ability to:
Communicate effectively in oral and written form;
Develop and present public awareness education and training;
Identify emergency hazards and develop a variety of resolutions;
Administer and coordinate resources for emergency management;
Research, analyze and interpret cost recovery regulations;
Determine long range planning;
Establish and maintain effective working relationships with others.
Work independently.
Skill in:
Use of computers, databases, and software.
MINIMUM QUALIFICATIONS
An Associate's Degree in Emergency Management or related field; five (5) years emergency
planning and disaster operations experience; or any equivalent combination of experience,
education and training which provides the knowledge, skills and ability to perform these duties.
ADDITIONAL REQUIREMENTS
An employee in this class is required to live within fifteen (15) miles of the Town limits, and
within the United States.
Physical Requirements:
Involves extended workdays outside the regular working hours to respond, manage and
investigate emergency response incidents.
Requires data entry, lifting, carrying, and transporting equipment weighing up to 50 pounds.
Vision and hearing is required to perform essential functions.
Work Environment:
Work is performed in office and field environments.
May involve potential exposure to extreme weather conditions, extreme heat, hazardous
chemicals and materials, emergency disaster situations, body fluids, infectious diseases and air
and water borne pathogens when responding to and managing emergency situations.
Requires the safe use of a Town vehicle on Town business.
License or Certificate: Must possess a valid Arizona Driver's License, Certified
Emergency Manager (CEM) is preferred.
FLSA Status: Exempt
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
JOB DESCRIPTION - PLANNING SUPERVISOR
JOB OBJECTIVES
Manage/Coordinate Town Planning and development activities, to include overseeing the
development review process, supervising assigned staff, presenting staff recommendations to
Town officials, coordinating current and long range planning projects, and ensuring compliance
with applicable Town laws, codes, and ordinances. Provide highly responsible and complex
administrative support to the Public Works Director.
SUPERVISION RECEIVED
The Planning Supervisor receives general direction from the Public Works Director.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Develops, plans and implements goals and objectives; recommends and administers policies and
procedures.
Conducts and supervises the planning studies in the community to gather data for evaluating current
and advanced planning projects. Conducts special studies and assignments; researches complex
planning problems; prepares a variety of comprehensive reports. Responsible for General Plan
amendments and compliance.
Directs the preparation of agenda items for the Town Council, Planning & Zoning Commission,
Board of Adjustment, and other committees and boards involved in land use, development, and
general planning activities.
Directs and coordinates site plan and preliminary subdivision review; recommends amendments
to Town Codes and Zoning Ordinances as needed.
Supervises and participates in the development and administration of the Planning Division
operating budget; directs the forecast of additional funds needed for staffing, equipment,
materials and supplies; monitors and approves expenditures; implements mid -year adjustments.
Serves as a technical advisor to the Planning and Zoning Commission, Board of Adjustment,
Public Works Director, other Town divisions and departments, and civic groups on planning,
zoning and related matters; interprets ordinances and regulations as they apply to respective areas.
Directs, coordinates and reviews amendments to the general comprehensive master plan; provides
plan and code interpretations as needed.
Trains, motivates and evaluates personnel; establishes and monitors employee performance
objectives; prepares and presents employee performance reviews; provides or coordinates staff
training; works with employees to correct deficiencies, implements discipline and termination
procedures.
Confers with engineers, developers, architects, agencies and the general public in acquiring
information and coordinating planning and zoning matters; provides information regarding Town
zoning requirements.
Develops and implements annexation plans.
Acts as Zoning Administrator.
Responds to and resolves difficult citizen inquiries and complaints.
Performs related duties as assigned.
KNOWLEDGE, SKILLS, ABILITIES
Knowledge of:
Principles and practices of urban planning and zoning
Research methods and sources of information related to urban growth and development
Fiscal Year 2003-2004 Budget
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Town of Fountain Hills
cur
Laws and regulations regarding general plans, environmental matters, zoning and land use
Principles and techniques of budget development and administration
Principles and practices of organization, administration, and personnel management
Economic Development principals and techniques
Subdivision and site plan review and submittal procedures.
Ability to:
Plan, prioritize, assign, and direct the work of professional, technical and clerical personnel.
Delegate authority and responsibility, as well as schedule and program work on a long-term basis.
Respond to changing perspectives of the environmental and economic impacts on urban planning.
Interpret planning and zoning policies and procedures to the general public
Develop and administer sound division policies
Prepare and administer a division budget
Identify, coordinate, and resolve a wide variety of land use and development policy issues.
Communicate clearly and concisely, both orally and in writing.
Skill in:
Use of computers, databases, and software.
MINIMUM QUALIFICATIONS
Any combination of experience and training that would likely provide the required knowledge
and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Five years of professional planning experience. Three years of supervisory and administrative
planning experience.
Training:
Equivalent to a Bachelor's Degree from an accredited college or university with major course
work in urban planning or a related field.
ADDITIONAL REQUIREMENTS
Physical Requirements:
Requires the ability to sit for potentially long period of time throughout the workday.
Manual dexterity and vision sufficient to operate computer systems for potentially long periods of
time without experiencing abnormal hand, wrist or eye strain.
Hearing sufficient to understand conversations, both in person and on the telephone.
Ability to work out-of-doors in all weather conditions.
Operation of Town or personal vehicle in the course of work.
Exerting up to 10 pounds of force occasionally and/or negligible amount of force frequently to
move objects.
Work Environment:
Typically office or administrative work and is not substantially exposed to adverse environmental
conditions.
License or Certificate:
Possession of a valid Arizona driver's license is required.
Possession of American Institute of Certified Planners certificate.
FLSA Status: Exempt.
Fiscal Year 2003-2004 Budget
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TOWN OF FOUNTAIN HILLS
OFFICE OF PARKS AND RECREATION
INTER OFFICE MEMO
TO: Tim Pickering, Town Manager
DT: May 22, 2003
FR: Mark C. Mayer, Director
Parks and Recreation Department
RE: Recreation Program status
Attached please find two breakdowns of the current status of programs within the Recreation
Division. The multiple page attachment lists the various programs by category, i.e. Special
Interest, etc., and has a brief description and the current status of each program.
The second attachment is a one -page sheet that shows the status of the programs by color -coding
over the last several years. Over the last several years programs were eliminated for the
following reasons:
a) Inability to generate revenue from the program (These programs appear in blue on the
attachment.)
b) Discontinued due to low attendance (These programs appear in green on the attachment.)
c) Could not recover all of the direct costs of the program, including an administrative fee.
(These programs appear in red on
the attachment.)
Attachments
Town of Fountain Hills
Parrs and Recreation Department
a � z
Recreation Programs — Fiscal Years `02-03 / '03-04 �m
Special Interest Programs
Adult Education
Arizona Excursions
Arizona Lecture Series
Art for Adults
Bridge Lessons/Party Bridge
Club Assistance
• Alzheimer's & Related Disorders Support Group
• Desert Beekeepers
• Duplicate Bridge Club
• Family History Society of Arizona — Fountain Hills Chapter
• Spanish Club
• Southwest Cultures Club
• Toastmasters Club
• Walking Club
Special Events
Concerts in the Park
Eggstravaganza!
Fourth of July Celebration
Halloween Carnival
L—aorts Activities
Computer Courses
Dance for Adults
Dance for Youth
Dog Obedience
Hiking Series
Language Lessons
National Recreation and Parks Month
Photography
Tai Chi
Volunteer Program
Yoga
Paws in the Park
St. Patrick's Day Celebration
Turkey Trot 5K Run & One -Mile Fitness Walk
Basketball — Adult Leagues Softball — Senior Leagues
Basketball — Youth Recreational Leagues Softball — Senior Tournaments
Golf Lessons Tennis
Gymnastics & Toddler Tumbling Volleyball for Kids
Karate Wrestling
Softball — Adult Leagues Youth Sports Competitions*
Youth & Teen Programs
APRA Youth Forum
Art for Kids
Eat n' Run
Homecoming Tailgate Party
Kiddie Rhythmics
Kid's Zone
Late Night
Library Partnerships
Mayor's Youth Council*
Party in the Park
Roar n' Snore
Scavenger Hunt
Summer Field Trips
Teen Adventure Series
Teen Excursions
Teen Turnaround Trips
Tiny Tot Toddler Fun
Youth Town Hall
tRemaining programs for FY '03-04. Programs recover all direct costs and an administration fee (noted programs are subsidized*).
Eliminated in Dec `02 due to inability to generate revenue from the program resulting in contract and staff savings.
' Eliminated in Dec `02 due to low attendance in the past.
Will be eliminated with start of FY 03-04 due to inability to make the program cost effective as a result of fee policy, which
included recovering all direct costs and administration fee.
Discontinued Recreation Programs
Fiscal Years '02-'03 and 103-'04
Special Interest Programs
Arizona Excursions
This program is a series of day trips to various tourist destinations around the State of Arizona, providing
a recreational opportunity for residents to visit places they would not normally go to on their own. Day
trips include museums; state parks; spring training games and more. Larger day trips include bus trips to
Kartchner Caverns.
Eliminated due to inability to make the program cost effective as a result of new fee policy, which
included recovering all direct costs and administration fee.
Arizona Lecture Series
FREE lecture series at the Community Center. Topics include history of Arizona, history of Native
Americans, historical figures and other interesting subjects. The Arizona Lecture Series was co -sponsored
in part by grants from the Arizona Humanities Council.
Eliminated due to inability to generate revenue from the program.
Club Assistance
This program provided assistance to new clubs and organizations that provide unique recreational and
cultural opportunities to residents. Clubs include the Alzheimer's and Related Disorders Support Group;
Desert Beekeepers (Sherlock Holmes Book Club); Duplicate Bridge Club; Family History Society of Arizona
— Fountain Hills Chapter; Spanish Club; Southwest Cultures Club; Toastmasters Club; and Walking Club.
Eliminated due to inability to generate revenue from the program.
National Recreation and Parks Month
Program held in conjunction with NRPA celebrating National Recreation and Parks Month. Past
promotions have included a "What Do You Do in Your Leisure Time?" art display at the Community
Center, a Frisbee demonstration and give-away, and special events at the Town parks during weekends
in July.
Eliminated due to inability to generate revenue from the program.
Volunteer Program
This program recognized the hundreds of residents that volunteer their time each year to help make
recreation programs possible in town. A banquet was held each April during National Volunteer Week to
honor those who volunteer an estimated 4,000 hours each year.
Eliminated due to inability to generate revenue from the program.
Special Events
Concerts in the Park
Concert series held at Fountain Park every Sunday during the month of March. The Concerts in the Park
are open to the public at no charge and have been presented by the Parks and Recreation Department
since 1993. The artistic goals of the Concerts in the Park are to: 1) give Fountain Hills' residents and
visitors exposure to the arts, 2) offer culturally diverse performances, which educate the community
about the artists' history, traditions, and culture, 3) increase opportunities for residents to experience the
arts, 4) increase cultural arts awareness and to help foster a greater sense of appreciation for the
performing arts in the community, since the area has limited access to the arts, and 5) to assist the
performing artists in expanding their own experiences by offering them additional exposure to the
Northeast Valley. The Concerts in the Park were co -sponsored in part by a grant from the Arizona
Commission on the Arts.
Eliminated due to inability to generate revenue from the program.
Eggstravaganza!
FREE egg hunt held each spring for kids ages 2-7 years old. Kids gather over 10,000 plastic eggs, stuffed
with toys and candy, from the ball fields at Golden Eagle Park.
Eliminated due to inability to generate revenue from the program.
Fourth of July Celebration
Annual Fourth of July Celebration, which includes a fireworks display, food and beverages vendors, stage
entertainment, and more! The event was offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Halloween Carnival
Spooky ghosts, goblins, and tiny critters at the annual Halloween Carnival at Four Peaks Neighborhood
Park each October 31" from 6-9 p.m. There is always carnival games, bouncy toys, a steam engine
trackless train, and of course, LOTS OF CANDY!!!!!
Eliminated due to inability to generate sufficient revenue from the program.
Paws in the Park
Held at Desert Vista Neighborhood Park each April, this event has contests, demonstrations, vendors, and
more. The event is co -sponsored and coordinated by ADOG (A Dog Owners Group).
Eliminated due to inability to generate revenue from the program.
St. Patrick's Day Celebration
Watch the world famous fountain turn emerald green at noon in celebration of St. Patrick's Day!
Festivities sometimes include Irish dancers, Irish music and arts and crafts. Many residents and visitors
start off your St. Patrick's Day at Fountain Park, as people gather for the annual tradition that extends
back to the early'80s. The event is offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Youth & Teen Programs
APRA Youth Forum
The APRA Youth Forum is a one -day gathering of teens from across the State of Arizona to discuss issues
relating to them and society. The program was offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Eat N' Run
The Eat N' Run Lunchtime program rewarded H.S. kids with perfect attendance each month with a day at
Golden Eagle Park during their lunch hour; with FREE pizza, basketball, volleyball, and other activities.
The program was co -sponsored by Fountain Hills H.S. and the Boys and Girls Club. The program was
offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Homecoming Tailgate Party
The Homecoming Tailgate Party brings together kids of all ages and adults in the community to rally
behind the Fountain Hills H.S. Football Team during homecoming weekend. Held on Friday night before
the Big Game, people gather at Golden Eagle Park to enjoy games, food and beverages, pep rallies and
more. The program was co -sponsored by the Boys and Girls Club. The program was offered FREE of
charge.
Eliminated due to inability to generate sufficient revenue from the program.
Kid's Zone
An arts and crafts program for kids offered in conjunction with the Concert in the Park Series. The
program was offered FREE of charge.
Eliminated due discontinuation of Concerts in the Park and the inability to generate revenue from the
program.
Late Night
Late Night was held once a month at the Fountain Hills H.S. gymnasium complex. Activities included
basketball, volleyball, music and dancing, food and beverages, a special event and more. The program
was co -sponsored by the MCSO — Midnight Madness Foundation. The program was offered FREE of
charge.
Eliminated due to inability to generate revenue from the program. The program is still run when
possible, with full funding coming from the MCSO — Midnight Madness Foundation.
Library Partnerships
This program was held in conjunction with the Maricopa County Library District to offer unique
storytelling sessions, entertainers, and more. The program was offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Party in the Park
Party in the Park was held once a week at Golden Eagle Park during the months of June, July and
August. Activities included basketball, volleyball, music and dancing, food and beverages, a special event
and more. The program was offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
Scavenger Hunt
Fountain Hills' youth in grades 6-12, plus one adult driver, scurry around town in search of the items to
be found that are on the list. Prizes were awarded to the top three scoring teams, with a pizza party to
following the event.
Eliminated due to low attendance in the past
Summer Field Trips
This program is a series of day trips to various Valley attractions, providing kids with a recreational
opportunity during the sometimes -slow summer months.
Eliminated due to inability to make the program cost effective as a result of new fee policy, which
included recovering all direct costs and administration fee.
Teen Adventure Series
This program is a series of day trips to various Valley attractions, providing kids with a recreational
opportunity such as hiking, horse back riding, or rock climbing that they may not otherwise have the
chance to do.
Eliminated due to low attendance in the past and the inability to make the program cost effective as a
result of new fee policy, which included recovering all direct costs and administration fee.
Teen Excursions
This program is a series of day trips to various Valley attractions, providing kids with a recreational
opportunity to destinations like water parks, skate parks, and others that they may not otherwise have
the chance to do.
Eliminated due to inability to make the program cost effective as a result of new fee policy, which
included recovering all direct costs and administration fee.
Teen Turnaround Trips
Two turnaround trips are run each year during the local school district's summer or fall break and spring
break. The turnaround trip destinations have included Disneyland, Disney's California Adventure,
Universal Studios, and Six Flags Magic Mountain.
Eliminated due to inability to make the program cost effective as a result of new fee policy, which
included recovering all direct costs and administration fee.
Youth Town Hall
The Youth Town Hall program is a one -day gathering of teens from Fountain Hills H.S. to discuss issues
relating to them and society. The program is co -sponsored by the Boys and Girls Club. The program
was offered FREE of charge.
Eliminated due to inability to generate revenue from the program.
TOWN OF FOUNTAIN HILLS
OFFICE OF PARKS AND RECREATION
INTER OFFICE MEMO
TO: Tim Pickering, Town Manager
DT: May 22, 2003
FR: Mark C. Mayer, Director
RE: Utilization of Development Fees — Park
Parks and Recreation Department
- response to Councilmember Stevens
questions
The Town's General Plan 2000, under Chapter Four — Parks, Recreation and Open Space
contains the following language on page sixty-one as Goal Three — Objective 3.1. Explore the
acquisition of additional municipal parks in the following general locations:
• One park south of Shea Boulevard.
• One park centrally located along the western boundary of the Town.
• One park,...within the State Trust Land parcel, if land comes under the Town's planning
jurisdiction.
Currently, the minimum size recommended for a neighborhood park, such as the first two
mentioned, would be ten acres. In February 2000, the Town received a donation of property,
some 1.32 acres that make up a portion of the current Fountain Park. This property carried an
estimated value of $524,545 per acre. Based on that value, a ten acre acquisition for park
purposes would cost in excess of 5.2 million. While one might argue that the number is high it
seems clear that as available land is developed the fewer remaining pieces are typically less
desirable and more costly.
In November of 2000, the Town Council passed Ordinance 00-21 to establish and impose
development fees. Over the first two full years that the fund has been in place the yearly amount
accumulated has averaged $232,215. Based on this number it would take over twenty-two years
to accumulate sufficient dollars to purchase ten acres for a neighborhood park. This is without
factoring in inflation and the inevitable increase in the cost of property.
It is due to these factors that both staff and the Parks and Recreation Commission desire to
accumulate additional dollars in this fund before expending them, and that these funds should
ideally be used for the acquisition of additional park property for the Town.
TOWN OF FOUNTAIN HILLS
OFFICE OF PARKS AND RECREATION
INTER OFFICE MEMO
TO: Tim Pickering, Town Manager
DT: May 22, 2003
FR: Mark C. Mayer, Director
RE: Park Capital Improvement Plan
Parks and Recreation Department
- response to Councilmember
Kavanagh's question of the need for
more ball fields
Earlier this year the Parks and Recreation Commission met, as they have done annually, to
review and revise the Park Capital Improvement Plan. A copy of their priorities for the years
2003 — 2004 through 2007 — 2008 is attached. A list of the proposed park capital improvements
and the costs are included in the budget document for the upcoming fiscal year.
The Commission considered a number of factors. First, a grant exists that was awarded for
Phase II Improvements to Fountain Park. The Commission would like to retain as much as
possible of the original $237,307 that was awarded, while at the same time minimizing local
dollars required.
Second, Golden Eagle Park improvements have been completed with a major emphasis being the
provision of athletic fields for both youth and adult baseball, softball, and somewhat to, youth
soccer and football. These fields are used extensively by the local school district for their
programs. With the utilization of the upper portion of Desert Vista Park for both youth soccer
and lacrosse, the local needs for athletic fields are largely being met. While fields are shared and
scheduling becomes complicated with overseeding, occasional rainouts, and high use in the
spring, the availability of fields is the best it has ever been.
The Commission has chosen to concentrate on the development of additional portions of Four
Peaks Park beginning with the skatepark, along with some additional features that are relatively
inexpensive in Fountain Park. Additional work in Four Peaks Park will remove the unsightly
former bus barn area and deteriorated fencing, and replace them with new park features.
Work in Desert Vista Park will add additional athletic fields, restrooms and parking to the upper
portion of the park, which is scheduled to take place in 2006 — 2007. Final work to Fountain
Park is scheduled to take place in 2007 — 2008 and is to include the replacement and upgrade to
most of the irrigation system in the park.
There are a number of items that appear at the end of the plan including a BMX track, etc. This
placement is not to in any way reflect that these items are at the end of the priority, but simply
that the Commission did not feel that they had enough information to determine yet where they
should be placed in the plan and/or they lacked specific information as to the cost. As these
factors are determined their respective timing and placement into the plan will occur.
1
Parks and Recreation Department
Five Year Capital Improvement Plan for 2003 - 2008
Listed by Priority
Fiscal Year 2003 - 2004 (Request $756,000) - Items are adjusted for inflation
1 . Fountain Park Phase II Improvements:
Activity Area with Shared Tot Lot & Playground:
• Three Small Picnic Ramadas & Associated Amenities:
$ 300,000
$209,000
The Town was awarded a LAWCON federal grant in the amount of
$237,307 for this project. Due to the scope of the project being
diminished, the amount ultimately received will likely be reduced by
approximately $74,000, leaving a grant amount of $160,000.
➢ This work is a continuation of the Master Plan for the park. These features
will complete a portion of Phase II improvements to the park which were
originally to be completed this year, but were delayed due to budget
constraints. The current playground is not compliant with the Americans
With Disabilities Act and is planned to be removed and replaced with two
structures. Each structure would be appropriate for a particular age
group. Three new picnic ramadas are planned for the area adjacent to the
playground and the restroom and parking lot areas. These shelters would
complement these areas and create another area for picnickers in the
park. Some work would remain to be done under Phase II. Phase III work
would also remain.
North Sidewalk:
$18 7,000
➢ The sidewalk would complete the planned loop completely around the
lake for pedestrians. Currently, many people walk in the street creating
an unsafe situation. The sidewalk is included in the park's master plan.
2. Four Peaks Neighborhood Park - estimates are not adjusted for inflation:
• Engineering/design fees or modular components for the Skate Park
Academy Skateparks, Inc.:
$ 60,000
➢ These funds would provide either the necessary design work for a
concrete in ground structure, or the funds for an above ground modular
structures depending upon which type of skate park is ultimately chosen.
5 year CIP plan (2003-2008) Page 1 of 3 Updated:5/22/2003
Fiscal Year 2004 - 2005 (Request $772,558) - Items are not adjusted of inflation
3. Skate Park construction (Four Peaks Neighborhood Park):
H
5.
0
$250,000
➢ This work is also consistent with the park's Master Plan. Work would
include the design and construction of an approximate 18,000 square
foot skate park. The design work for this skate park was originally
included in last year's budget, but was delayed due to budget constraints.
Spray Ground Park (Fountain Park):
$100,000 - $12 5,000
➢ This is a new item. Staff and the Parks and Recreation Commission have
been looking into the possible construction of a spray park, which
consists of a number of interactive water play features for children. The
feature recirculates and rechlorinates the water before it is reused.
Performance Pad (Fountain Park):
$183,558
➢ This would construct an area in the park's northwest corner for small to
intermediate sized performances and would take advantage of a natural
bowl in this area for sound and public seating. A hardened surface would
allow repeated events in this area without damaging turf areas of the
park.
Fountain Park Phase III Improvements:
• Aggregate walking path
$ 214,000
➢ The walking path would be located in close proximity to the lake and
would allow people to walk, etc. completely around the lake. The path
would be lit with small fixtures that were located in the ground and would
be widely spaced along the path to allow limited use after dark.
Fiscal Year 2005 - 2006 (Request $2,081,060) - Items are not adjusted for inflation
7. Engineering and design fees for Four Peaks Neighborhood Park Phase II
Improvements:
• Engineering and design fees for Phase II Improvements
-e group, Inc.:
Construction:
$ 212,000
$1,553,000
➢ Phase II improvements to the park under the Master Plan include:
improvements to the park's walkways to connect various sections of the
park, three new basketball courts, removal of the existing unsightly
former bus barn from the school and old fencing. Finally, an inline
hockey rink, new maintenance yard, and improved landscaping and
irrigation are planned.
s year CIP plan (2003-2008) Page 2 of 3 Updated: 5122/2003
8. East Parking Lot (Fountain Park): $ 306,060
➢ This work would upgrade the existing parking area on the park's east
side. An additional access would be made and additional parking stalls
added. This work is listed in the park's Master Plan.
9. Golden Eagle Park - not adjusted for inflation:
• Water feature for children:
$ 10,000
This would replace the existing feature at the park that has seen constant
use since the park was improved a number of years ago.
Fiscal Year 2006 - 2007 (Request $731,502) - Items are not adjusted for inflation
10. Desert Vista Neighborhood Park:
• Engineering and design fees for Phase II Improvements
-e group, Inc.:
Construction:
$ 66,500
$665,002
➢ The remaining improvements again under the Master Plan for the park
include a restroom building, play area, athletic fields, basketball courts
and parking. Facilities would be lighted for evening use.
Fiscal Year 2007 - 2008 (Request $500,000) - Items are not adjusted for inflation
11. Reconstruct the sprinkler system at Fountain Park:
$ 500,000
➢ The current system is some thirty years old and is subject to frequent
partial shut downs due to breakage. In addition, there are no as-builts of
the current system.
Grand Total: $4 841.120
12. Additional Projects - Items are not adjusted for inflation:
a. Park Signage: $ 83,975
b. Educational Arboretum/Signage: $ 57,845
c. BMX Track: Unknown
d. Trail/Connectivity paths: Phased plan
e. Aquatic/Fitness Facility: Unknown
5 year CIP plan (2003-2008) Page 3 of 3 Updated:5/22/2003
TOWN OF FOUNTAIN HILLS
Office of Town Manager
INTER OFFICE MEMO
TO: The Honorable Mayor Elect Nichols
and Town Council
DT: May 27, 2003
FR: Tim Pickering, Town Manage _
RE: Funding for special interest groups
EXECUTIVE SUMMARY
The special interest requests come from very worthy causes. The Town could provide the
requested funding but which services would have to be eliminated to accomplish this and what
would the future ramifications be are questions that need to be answered. A better solution is to
sponsor the groups and authorize them to compete for gaming revenue funding, thus eliminating
the Town's financial burden.
BACKGROUND
As the Council requested, I am providing recommendations of special interest funding. As I
stated in the previous Council meeting, my recommendation is to deny funding any special
requests as the Town is not funding capital improvements at an appropriate level and has to
dramatically reduce services. Furthermore, with the defeat of Proposition 400, our revenue base
will continue to be on shaky ground. These requests in some instances pit Town -provided
services such as recreation versus the Boys and Girls Club funding, i.e. $143,000 in Boys and
Girls club funding would pay for about three and a half recreation employees. This happens to
be the number of recreation employees laid off. This would obviously affect employee morale.
All of these organizations are outstanding in what they do. If we fund them, other organizations
like the Boy Scouts, Girl Scouts, youth sports leagues, art councils, schools etc. may request
monies. We have a fiduciary responsibility to the taxpayers to spend tax dollars on programs
that are available to every citizen. I do not believe the solution is to provide a formula or review
process for funding. Rather the solution is realizing that the Town can no longer afford to fund
outside programs. I do not want to go through the heartache of the 16 layoffs we just endured
and the elimination of $2.8 million of services again.
We began the phase -out of special interest funding in the FY 2002-2003 with a dramatic
reduction in funding. The following is the funding we actually provided in the current fiscal year
to date:
• Chamber $4,500
• Substance abuse prevention $2,100
• Boys and Girls Club $20,000
• Senior Services $10,000
FY 2002-2003 actual funding total $36,600
As you can compare below, this number is significantly down from the FY 2001-2002 awards
of:
• School district
$50,800
• Community Benefit Program
$80,000
• Chamber
$18,500
• Substance abuse prevention
$47,000
• Senior Services
$34,500
• Boys and Girls Club -operations
$50,000
• Boys and Girls Club -Capital
$50,000
FY 2001-2002 funding total
$330,800
We continue to provide a great value to both the Senior Services and Fountain Hills Community
Theater as we supply free rent at a value of $57,824 and $83,508 respectively.
The Boys and Girls Club, Senior Services, and the Community Theater are worthwhile causes.
Fountain Hills would not be the great community without them. In the past, the Town has had
the financial capability to fund them, however we have recently sacrificed Town projects and
services to balance our budget. We can assist these organizations to continue to flourish and
eliminate the dependency on Town revenue by providing access to an alternative funding source
that would be a sustaining revenue source for them.
In November, 2002, Proposition 202 was passed which directs 12% of Tribe gaming revenue to
Cities and Towns. Christa Severns from the Department of Gaming stated the distribution of the
Tribes' 12% gaming revenues is determined directly by the individual Tribes. It is up to the
Cities and Towns to work with the Tribes to obtain a portion of the funds. Each tribe is different
in their method of awarding the funds - one Tribe might offer it in the form of grants; others
might just award funds upon request, etc.
She stated that one of the goals of Proposition 202 was to encourage new relationships and
dialogue between the Cities/Towns and the Tribes. The Cities and Towns can approach any of
the Tribes in the state, not just the ones that border the community. For example, the City of
Phoenix has obtained a $1M grant from Salt River to fund diabetes research at the new genomics
center. The purposes of the funds are for public safety, economic development, effects of
gambling, etc. and are loosely based, meaning that the interpretation of the purpose is very wide.
RECOMMENDATION
Here's the important part. The gaming proceeds are not restricted to Cities and Towns. Other
groups can apply for the funds but it must pass through a City or Town governing body. What
Fountain Hills can do for these three entities is be their authorizing agent to allow them to apply
for gaming revenue funding. This would encourage relationships between these groups and the
r Tribes while eliminating the Town's financial burden. Furthermore, the FY 2003-04 proposed
budget would not have to be adjusted, as the grants fund could be the conduit for this pass
through. The Boys and Girls Club has already approached the Town to be a sponsor for the
gaming revenue grants. In summary, the Town would sponsor Seniors Services, the Boys and
Girls Club, and the Community Theater allowing direct funding requests to be made to the
Tribes.
ALTERNATIVE
Although I do not recommend the following, if the Council votes to provide the requested
funding below:
• Seniors Services
$50,000
• Boys and Girls Club — Operating
$60,000
• Boys and Girls Club — Capital
$83,000
• Community Theater
$30,000
FY 2003-2004 requests total
$223,000
then I would recommend cutting the following ongoing services to fund this ongoing cost:
• Eliminate the contracted fire secretary position and leave the Assistant Fire Chief position
vacant in the Fire Department. The fire secretary handles questions pertaining to
ambulance billing, ordering supplies for the stations, basic secretarial duties and sending
sympathy cards. The Assistant Fire Chief duties would be shared between two existing
employees with oversight from the Fire Chief. These two personnel reductions would
create a reduction of $105,975 from the Rural/ Metro contract. Furthermore, an
additional savings of roughly $30,000 could occur if the master ambulance subscription
program were eliminated. This would be a subtotal of $135,975 from fire service,
which, was not substantially reduced during our previous budget cuts. If this dollar
amount were not eliminated, Rural/Metro would use this money to accomplish the goal of
increasing manpower on our ladder truck.
• Eliminate $87,025 from the law enforcement budget, including the potential of hiring the
new position of emergency management coordinator.
I do not recommend dipping into our reserve as that would put our bond rating in more jeopardy,
which is on the Moody's watch list and may be negatively affected by the defeat of Proposition
400. Furthermore, the Council would go against the fund balance policy it recently adopted.
SUMMARY
The special interest requests are from very worthy causes. The Town could provide the
requested funding but services would be eliminated to accomplish this and the future affect is
unknown. A better solution is to sponsor the groups and authorize them to compete for gaming
revenue funding. Although we cannot guarantee funding, we can assist the groups in their
efforts to secure funding. If you would like me to draft requirements for sponsorship, I would be
happy to do so. Should you have any questions please do not hesitate to contact me.
C: Department Directors
Tpickering/tgp/my documents/specialinterestfunding.doe/5/27/03
TOWN OF FOUNTAIN HILLS
OFFICE OF ACCOUNTING SUPERVISOR
INTER OFFICE MEMO
TO: Honorable Mayor and Town Council
DT: May 30, 2003
THROUGH: Timothy Pickering, Tow'n�
Manager
FR: Julie A. Ghetti, Accounting Supervisor
RE: Town of Fountain Hills Revised Budget
Administration
for FY 2003-2004
On May 15, 2003 the Council adopted the tentative fiscal year 2003-2004 budget with the
maximum expenditure limit of $18,665,838. The budget included provision for any changes that
might be necessary as a result of a decision by the U.S. Department of Justice and the results of
the May 20th election. With the failure of Proposition 400, the budget document has been
revised to remove all references to establishing a separate fund for fire operations. As no formal,
written decision has been provided by the Department of Justice, staff suggests postponing final
budget adoption until June 191h. By that time, we are hopeful to receive assurance that the Town
is in compliance with the Community Oriented Policing Grants and will not be required to
refund any grant funds.
For the Council's information, the staff has been working with Maricopa County Sheriff's
Department and Rural Metro to finalize the contract numbers. Those contracts should be
submitted for your review at our next meeting. Additionally, the staff has received contract costs
from Maricopa County Animal Care & Control to handle major animal control services.
Revised Pages
Staff also reviewed the budget document for typographical or other errors or omissions and those
changes will be incorporated in the new budget document. All the changes are summarized
below and are shown in bold italics on the replacement pages that are attached for your budget
book. Please insert these new pages.
1. New cover sheet with pictures of services provided
2. Organization chart revised to include Mayor -elect Nichols, add Streets to Public Works.
3. Removed all reference to Proposition 400 and special revenue fund for fire operations.
4. Page 6 Financial Planning & Policies, first sentence corrected to fiscal year 2002-2003.
5. Page 16 Budget Process, Capital Projects Fund definition amended to read "accumulation
and administering of a large capital project".
6. Page 18 — regular council meeting changed from July 3 to July 1 and to adopt tax levy, and
budget adoption from June 5 to June 19.
7. Page 37, 38 changed to include Mayor -elect Nichols, updated council profiles, Page 40, 42.
8. Council salaries line item (page 43,44) reduced by $4,800 (Councilwoman Nicola annual
stipend - $400 per month x 12 months) to Recreation Special Programs
9. Administration Department — page 48 2002-2003 Authorized FTE total changed to 18.5
(addition error) and first sentence under Salaries and Benefits changed to thirteen and a half;
10. Pages 50 — 51 replaced by pages 50 — 52 to provide further detail for line items in excess of
$10,000 in Repairs and Maintenance and Supplies and Services for Administration.
11. Information Technology page 56, Contract Services — clarifies the Video Tape Council
Meetings line item cost of $18,000 is for regularly scheduled council meetings only ($750 x
24 = $18,000); page 56, page 57 — I/T Repairs & Maintenance includes definition of
departmental requests.
12. Fire Department — remove page 69 due to failure of Proposition 400.
13. Municipal Court — page 71 organization chart, removed Court Collection Specialist I position
that had previously been eliminated
14. Parks, Recreation, and Community Center — page 78 Administrative Support 2002-2003
Estimated for Little League Baseball, the correct number of facility bookings is 443 not 143;
Page 81 -Contract Services increased by $4,800 to $142,550 for St. Patrick's Day event with
contribution from Councilwoman Nicola, Page 82 — revised Parks & Rec spread sheet; page
87 last paragraph- Fountain Park mowing is 42 times and spraying is $4,020
15. Page 136 Development Fee Expenditures, last line in table corrected to reflect correct fiscal
year; General Government proposed project added "or review" after reimburse and "potential
development fee study"
16. Page 140 — 142 Capital Improvement Plan changed to Capital Improvement Goals
17. Page 148 Total Authorized FIE for 2002-2003 is corrected to 106
18. Job descriptions added for Downtown Development Coordinator, Code Compliance
Inspector, and Planning Supervisor, to be added beginning on page 153.
Reports
The Council also had questions pertaining to the budget. Attached please find the following
reports:
a. Funding for special interest groups;
b. Plans to increase park ball fields;
c. Utilization of park development fees;
d. Recreation program status.
Summary
At the June 5th Council meeting, the staff will review budget adjustments, followed by public
input and further council discussion.
cc: Department Directors
HearthUGhetti\�VPDATAUNTEROFFICE MEMO COI NCIL.do<
C,
RESOLUTION NO.2003-27
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2003-
2004 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised
Statutes (A.R.S.), the Town Council did, on June 19, 2003, make an estimate of the different amounts required
to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other
than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of .
Fountain Hills, Arizona, and
WHEREAS, in accordance with said chapter of said title, and following due public notice, the
Council met on June 19, 2003, at which meeting any taxpayer was privileged to appear and be heard in favor
of or against any of the proposed expenditures/expenses -or tax levies, and
WHEREAS, it appears that publication has been duly made as required by law, of said estimates
together with a notice that the Town Council would meet on June 19, 2003, at the office of the Council for the
purpose of hearing taxpayers _and making tax levies as set forth in said estimates, and
WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the
aggregate exceed that amount as computed in A.R.S. §42-1705 1 (A), therefore be it
RESOLVED, that the said estimates of revenues and expenditures/expenses shown on the
accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the
Town of Fountain Hills, Arizona for the fiscal year July 1, 2003 through June 30, 2004.
PASSED AND ADOPTED by the Fountain Hills Town Council, this 19th day of June, 2003.
FOR THE TOWN OF
'.J.
REVIEWY:
Pickering, Town Manger
5103
HILLS: ATTEST:
Bevelyn J. Bep'der,4own Clerk
APPROVED AS TO FORM:
An&sWP McGuire, Town Attorney
CULTURAL EVENTS
The City of Fountain Hills has gained a national
reputation for its major art festivals and special events
that have won critical acclaim in the arts community
and throughout the Southwest. Because of the
beautiful setting amid the grandeur of the Red
Mountains, the Superstitions, the McDowells and Four
Peaks, the Fountain Hills Festivals attract visitors not
only from hundreds of artisans but also from
individuals and families who enjoy the entertainment,
fun, diverse food offerings and festive atmosphere.
• Fountain Hills Festival of Arts and Crafts Every
November the Fountain Hills Festival of Arts and
Crafts attracts more than 100,000 visitors and many
well-known artisans line the Avenue of the Fountains
Friday through Sunday. Hosted by the Fountain Hills
Chamber of Commerce, The Fountain Festival is one
of the largest outdoor juried art shows in the
southwest and many nationally known artists are
attracted to the Festival. Wonderful entertainment is
provided by a variety of musical groups. Food booths
with everything from popcorn to hot dogs to special
Arizona taste treats abound throughout the Festival.
It's a family affair for the entire community and
visitors from all over return every year to tape part
in the Festival. The Fountain Hills Festival of Arts and
Crafts is a wonderful place to find holiday gifts for
everyone on your list.
Fountain Hills Great Fair Each February the
Fountain Hills Chamber of Commerce hosts the
Fountain Hills Great Fair Friday through Sunday.
Over 500 artists and artisans line the Avenue of the
Fountains Boulevard and a variety of music and food
make this Fair another 'must do' event for the Town.
The annual Hot Air Balloon Rally, which is a highlight
of the Fair, takes off at 7:00 a.m. on Sunday. This
colorful balloon rally is great for photographers as
the brightly colored and individually designed
balloons start their burn and ascend into the sky.
Thanksgiving Day Parade There's nothing line a
real old-fashioned community event. Parada de Los
Ceros (Parade of the Hills) Thanksgiving Day Parade
brings together the citizens of Fountain Hills to
involve all the community in celebration of this
joyful day. Everyone can participate including
schools, clubs, organizations, commercial enterprises
and chamber members. Parades, floats, music,
marching groups, equestrian and motorized entries
step off Thanksgiving morning before everyone goes
home for traditional turkey and all the trimmings.
Holiday Luminaries For three evenings in late
December, each year the Fountain Hills Chamber of
Commerce hosts the lighting of the luminaries. The
glow of thousands of luminaries lines the shore
around the famous Fountain Hills fountain as well as
many of the major streets and roads in the
community. Putting a small candle in paper bags
malzes the luminaries, an historic Southwest
tradition. They are then lit each evening to provide
bright little stars of light for the holiday season.
Fountain Hills Community Theater
Top-notch theater productions hay
won statewide acclaim for the
Fountain Hills Community Thea
During the season the Theater
Company mounts three musical
and two plays to packed houses
enthusiastic theatergoers. In
tandem with the Community
Theater, The Children's
FOUNTAIN HILLS®
(continued on reverse side)
Theater features well-known productions for a young
audience. The Theater is located on Rand Drive
directly behind the Community Center.
• River of Time Museum About 800 years ago, the
area near the confluence of the Salt and Verde Rivers
was home to between 4000 and 10,000 Hohokam
Indians. Although the tribe later disappeared, when
the River of Time Museum opens in Fountain Hills in
Spring, 2002, visitors will have the opportunity to
experience the story of the lower Verde River Valley.
Pottery and artifacts from this historical period on
display show it was once a thriving civilization. The
Museum will be located in the same building as the
Library in the new Fountain Hills Town Center
complex. The museum is being developed by
members of the Fountain Hills and Lower Verde
River Valley Historical Society.
Celebrations of the Fountain Each Saturday
evening from 6 p.m. to 8 p.m. at Fountain Park, the
arts are represented at "Celebration of the Fountain".
Live music serenades visitors at the plaza lakeside on
the patio. Music is represented with jazz, R&B,
classical and rock. Each week different artistic
endeavors in Fountain Hills are highlighted with
Youth Arts, Indian Art from the Ft. McDowell
Reservation, Fountain Hills Performing Arts and
Visual Arts. The third Saturday of each month during
the winter season, from noon to 6 p.m. at The
Fountain, features an art walk with local artists and
crafts people. All festivities take place at Fountain
Plaza, located at 12645 N. Saguaro Blvd.
COMMUNITY CENTER
The new Fountain Hills Community Center provides
the latest 'jewel in the desert' for the Valley and
especially Fountain Hills. The Community Center
will serve as a new facility for valley -wide corporate
meetings, local civic programming, art and
educational classes as well as black tie events and
wedding receptions. The Community Center serves
as the focal point in a new Town development, which
also includes the newly opened County Library, with a
local history museum slated to open in the spring of 2002.
The Community Center has a total of 31,000 square
feet of space with rooms designed to accommodate a
variety of meeting needs. The 5,000 square foot lobby
can be used for receptions or displays and flows
smoothly into the Grand Ballroom. Throughout the
Center, a revolving art display will provide an added
dimension to this already beautiful facility. Future
exhibits will include local artists' invitationals, holiday
theme exhibits and a local youth art exhibit.
The Grand Ballroom, provides 8,200 square feet
of elegant space for meetings, banquets and other
social functions, can hold up to 600 people in a
banquet style setting or 800 theater style. Adjacent to
the ballroom is a 990 square foot fully equipped prep
kitchen that allows caterers to make their final food
preparations. All rooms include tables, chairs, staging
and public address system.
The Conference Room, with its large oak table and
lumbar support chairs, can accommodate up to 15
persons for meetings in a boardroom setting. The
room is equipped with audio-visual equipment, a
projection screen and is arranged to accommodate
banquet and beverage services as well.
• The "Daycare/Classroom" contains 1,030 square feet
of ample space for playtime and child-care. Groups
may provide a child-care professional to watch the
children while parents attend a function at the
Center. The room is equipped with fun activities for
the kids, a private restroom facility and secured
outside play area.
• Two classrooms are a significant addition to the
Center and can easily be divided into separate rooms
each holding 50 people in a classroom setting. The tile
floor is ideal for dance, aerobic classes, Tai Chi or Yoga.
Two Seminar Rooms are fully appointed and
carpeted, offering meeting space for organizations
and corporations who are in need of space for
smaller, more intimate groups. The rooms work
equally well for local homeowner organizations or
other community meeting needs.
Two Art Rooms are fully equipped, one for drawing
and painting classes, the other includes full pottery
equipment, potters wheels and kiln. A variety of
classes are offered through the Parks and Recreation
Department and will include topics for arts and
crafts, mosaics and other mediums.
FOUNTAIN HILLS®
GOLF PROPERTIES
The magnificent weather in Arizona from February
through May makes the State and particularly
Fountain Hills a destination for golf lovers. Fountain
Hills is proud to have three of Arizona's most
outstanding golf courses located within the community.
• Desert Canyon Golf Club One of the more
challenging courses in the Phoenix area and one
of the most scenic is the 18-hole, 6,087 yard par-71.
Desert Canyon golf course winds up and down hills
amid a setting of beautiful homes and mountain
views. It is known for its narrow fairways, unexpected
hazards and difficult greens. The course is semi -private
and open to the public at posted fees.
• SunRidge Canyon Golf Club At SunRidge Canyon
Golf Club, golf isn't merely a sport. It's an adventure.
This 6,823 yard, par-71 layout designed by Keith
Foster is hidden among the ridges and canyons of
the foothills of the McDowell Mountains. These
mountains are widely considered one of the most
picturesque and dramatic stretches of natural land
left in the Southwest. The beauty. and challenge of
this golf experience has made SunRidge Canyon one
of the most highly rated clubs in Arizona. It was
selected No. 42 on Golf Magazine's list of "The Top
100 Courses You Can Play in the United States" and
has been chosen by Arizona tournament players as
the top ranked daily -fee golf club, and was the host
of the 1997 L1SGA State Team Championship. The
beauty and challenge of this golf experience has
made SunRidge Canyon one of the most highly
rated clubs in Arizona.
• The Golf Club at Eagle Mountain The Golf Club
at Eagle Mountain, a Scott Miller designed course,
features rolling hills, verdant valleys, box canyons
and dramatic changes in elevation. The course
provides golfers panoramic views of Camelback,
Saddleback and Red Mountains. Opened in 1996,
the vistas provide an incomparable panorama of
landmark mountains, picturesque valleys and
downtown cityscapes, all combined with the
tranquility of the pristine Sonoran Desert. At Eagle
Mountain, golfers find a challenging golf experience,
with contoured fairways and immaculately
maintained emerald greens throughout this par-71,
6755-yard layout.
A 4-star recipient of "Golf Digest's Places to Play
2000 ", the course is listed on "Golf for Women's
2000'Top 100 Fairways and its golf shop operations
was selected in the top 100 Golf Courses by "Golf
World Business ".
• We-Ko-Pa The name We-Ko-Pa is the Yavapai
pronunciation for the Four Peaks Mountains, which
are located just east of the golf course and are sacred
to the Fort McDowell Yavapai Nation. The 21,000
square foot clubhouse features a golf shop with fine
fashion apparel, restaurant and expansive open
patios, featuring dramatic views of the surrounding
mountains and desert. We-Ko-Pa is a Scott Miller
design and is a par-72 championship golf course.
We-Ko-Pa is two miles north of Shea on State Route
87 and is adjacent to Fort McDowell Casino.
FOUNTAIN HILLS®
OUTDOOR RECREATION
Whether you are interested in hiking, biking, birding or trail
rides, Fountain Hills, Arizona is the place for tranquility
and desert beauty set amid towering mountains, beautiful
Iakes and rivers, and scenic hiking trails offering something
for every visitor. Recreational opportunities abound within
a 20 mile or less radius of the center of Fountain Hills.
Sites to See
• The Fountain: Built 30 years ago, this dramatic
landmark is a centerpiece of the town. The fountain
is located in the middle of a man-made 28-acre lake
in the heart of Fountain Hills. One of the world's
highest fountains, the 560-foot tall plume of water,
shoots to the sky and is visible for many miles. The
Fountain spouts on the hour for 15 minutes every
day from 10 a.m. to 9 p.m. The Fountain is a dominant
fixture from The Avenue of the Fountains and the
community, which is surrounded by mountain views.
• Saguaro Lake: The Lake offers many recreational
options and is the closest man-made lake to Fountain
Hills. The lake is surrounded by picturesque cliffs, offering
boating, water skiing, fishing, picnic grounds, full service
marina as well as several swimming areas. Arizona is
always a surprise for the visitor who expects only desert
but finds beauty in our lakes like Saguaro. Saguaro Lake
is one of the four man-made lakes on the Salt River.
• Salt River Recreation: One of the favorite pastimes
in the Phoenix area is riding an inner tube down the
Verde and Salt rivers just southeast of Fountain Hills.
Inner tube rentals are available for visitors who wish
to cool off when our temperatures rise, by floating
down the Salt River, enjoying the scenic beauty of
the mountains and desert flora and fauna.
• Four Peaks: A Fountain Hills landmark visible from
much of the Valley. The peaks rise from 1,600 to
7,657 feet and are the highest peaks in the Valley.
Four Peaks is located on the far side of Tonto Basin
and Roosevelt Lake. Known for its amethyst mine
which has produced some of the worlds finest jewels,
Four Peaks Mine is located just below the cleft of the
two southern most peaks. Discovered in the 1700's by
the Spanish, the mine has produced gems found in
the crown jewels of several European countries. Today
the mine is owned by a local company and is off-limits
to hikers. The Four Peaks area offers many scenic trails
that vary in difficulty. The area is open to hiking,
biking and trail rides.
• Superstition Mountains: Known as the home of the
"Lost Dutchman Mine" where miner Jacob Waltz found
his pot of gold in 1880 or so the story goes! For years
curiosity seekers have tried to find the mine in the
Superstitions. The legend is still being told and is an
outstanding story for the hiker who is there to glimpse
the beauty of the area. Located in the Sonoran Desert,
hikers can enjoy the majestic saguaro cactus and
exquisite ocotillo. Abundant with trails, the Superstition
Mountain area allows the hiker many miles of hiking
experience and winter camping opportunities.
• The Mazatzals: In the north end of the Mazatzal
Range the area is predominantly of rough desert
mountains, and narrow vertical -walled canyons.
The area serves many levels of hikers and it is wise
to research maps and levels of hiking expertise
before starting out on a trail. Further west below the
brush -covered foothills, is the Verde River, which
flows through the Sonoran Desert. Designated by
Congress in 1984 as Arizona's only Wild & Scenic
River, elevations range from 1,600 feet along the
Verde River to 7,903 feet on Mazatzal Peak.
• McDowell Mountain Regional Park: This 20,000-acre
park borders the northwestern section of Fountain
Hills, providing a vast expanse of unspoiled Arizona
desert with magnificent scenery. Owned and
operated by the Maricopa County Parks and
Recreation Department, facilities include two large
family picnic areas with 80 family
campsites equipped with grills and
picnic tables. There are comfort
stations, a group campground with
ramada, a trailhead group area
and a youth group area. Excellent
hiking, biking, birding and
horseback riding trails are
located in the Park. Use permits
are issued for a small fee. FIUIVTAIKI U11
LCc
DESERT ADVENTURES AND ENTERTAINMENT
• Fort McDowell Adventures Experience a touch of
the old west and Arizona's spectacular desert scenery
and wildlife on horseback. Learn about the American
Southwest with experiences such as cattle drives,
overnight rides, breakfast, lunch and dinner rides,
pony rides or hay rides and private rodeo shows.
Riders may choose from gentle horses or for the
more experienced rider there are the more spirited
horses. See the Mazatzal Wilderness and Tonto
National Forest while riding the trails of the wild
Mustangs. The Stables at Fort McDowell Adventures
are located on the historical 25,000 acre Ft. McDowell
Indian Reservation.
In addition, you can experience the real -life west
with jeep tours. Live a dream and dress up as a
cowboy and rope some steers, shoot a six-gun, ride
the bucking barrel and listen to tales of the old west.
Fort McDowell Adventures features two western -
theme event facilities offering Wild West celebrations
for groups up to 1,000. Catering, beverage and
entertainment services are available. For reservations
call (480) 816-6465. Visit their web site at
www.fortmcdowelladventures.com
• Out of Africa Wildlife Park Out of Africa Wildlife
Park brings people and animals together in a
glorious desert setting. Big cats and other wild
animals provide interaction opportunities for visitors
through the professional staff of Out of Africa. You
and your family will have the opportunity to feed a
tiger or carry a snake while learning about their
natural habitat and preservation. Watch as tigers
splash, bears dive into giant pools and wolves prowl.
In addition to many different species of big cats,
visitors can see wolves, hyenas, fox, reptiles, snakes,
birds, prairie dogs and even a giant Malaysian
monitor lizard.
Nine great shows take place: See the Mixed Big Cat
Show, Exotic Bird Show, Coati & Fox Show, Bear,
Cougar, Wolf Show, Giant Python Show, Lion Safari
Show and Behind -the Scenes Cat Feeding and Tiger
Splash. There's a playground for kids, food service
and gift shops.
Park Hours: Winter: October 1st to Memorial Day
Weekend. Open Tuesday through Sunday, 9:30 a.m.
to 5:00 p.m. (Closed Mondays unless a major holiday)
Park closed on Christmas and Thanksgiving Day.
Summer: Memorial Day Weekend to end of
September. Open Wednesday through Sunday 9:30 a.m.
to 5:00 p.m. (Closed Mondays & Tuesdays unless a
major holiday) Dinner Shows: First Saturday of each
month from May to October from 5:30p.m. to 9:30 p.m.
Dinner is served from 6:00 p.m. to 7:00 p.m., show
starts at 7:30 p.m. For information call (480) 837-7779
or visit our web at www.outofafricaparlz.com
• Fort McDowell Casino located on the Fort McDowell
Indian Reservation, the Casino brings fun and
excitement to visitors. The casino is open 24 hours a
day every day and offers slots, cards, bingo, and
colorful stage shows featuring well-known
performers. A variety of buffets are served in the Red
Rock Caf6. Three other food outlets in the casino
include a rotisserie, deli and food court. Choose
from Asian foods, ribs, pizza, burgers and more. The
state's largest casino room offers free instructional
classes, monthly and yearlong tournaments and
24-hour tableside food service.
Pari-mutuel greyhound wagering takes place in the
Turf Club with huge video screens and surround
sound. Bingo matinees are held daily at I p.m.,
evening sessions nightly at 7:15 p.m. Midnight
madness sessions take place on Friday and Saturday.
Poker Club players are rewarded for playing live
games at Fort McDowell Card Room enabling them
to get disc entries to tournaments, merchandise and
food comps. Calling (480) 837-1424, Ext. 303, can
reserve free shuttle service with information on pick-up
locations. For further information call 1-800 THE FORT.
20
FOUNTAIN HILLS
RESORTS/HOTELS AND BED AND BREAKFASTS
CopperWynd Resort and Club: An exclusive
European -inspired Resort and Country Club is
unrivaled in its combination of Country Club,
Resort, Spa and Resort Villa accommodations.
property integrates 32 luxurious guestrooms
designed with European ambiance. CopperWynd
also boasts two and three bedroom Villas with
equally spectacular views.
The centerpiece of this spectacular 100-acre
property is The Club at CopperWynd. Designed
with the finest fitness centre and spa in a spacious
serene environment, the fitness centre is equipped
with the latest cardiovascular, fitness and weight
equipment from around the world.
The Spa at CopperWynd is an environment of
quiet relaxation and provides a full menu of
facial, massage, manicure/pedicure and other
therapeutic treatments, as well as steam sauna
and whirlpool.
The pool areas, located on the gentle desert
slope of CopperWynd, consist of a 2,200 square
foot free form social pool, a 1,000 square foot
mountainside pool, and a secluded whirlpool
spa. The social pool area features the Pavilion
Bar/GriII and tennis boutique for guests and
members exclusive use.
• The tennis program with lighted championship
tennis courts is under the direction of the famed
Peter Burwash International organization, a
world-renowned tennis management company.
A tennis pro -shop with grill service and a
spectator's terrace offers pleasing surroundings
for players and guests.
Dining at Alchemy at CopperWynd is a highlight
of a resort stay. Breathtaking views for indoor and
outdoor dining with fireplaces throughout, add to
the tranquility and beauty of the dining experience.
Alchemy at CopperWynd is open to the public,
serving breakfast, lunch and dinner.
CopperWynd Resort and Club information: (480)
3433-1900, toil free at (877) 707-7760. Website:
www.copperwynd.com.
Southwest Inn at Eagle Mountain: The Southwest
Inn at Eagle Mountain provides the combined
ambiance of hotel and bed-and-brealzfast. Built into
The a secluded mountain nook in Fountain Hills, The
Inn blends the very best of both styles with
magnificent amenities in a very private, extremely
beautiful site creating an attractive sanctuary.
Designed with the influence of Southwest
architecture, the layout protects the spectacular
views while ensuring privacy. The AAA, 4-Diamond
luxury golf resort has 42 mini -suites situated on six
acres. The luxury boutique resort includes 10
deluxe dual queen and 21 luxury king rooms as
well as 1 1 suites.
Rooms are located close to the 18`h fairway of
The Golf Club at Eagle Mountain. The Scott Miller
designed course features rolling hills, verdant valleys,
box canyons and dramatic changes in elevation.
• Guests awaken to the Sonoran Desert and
majestic Red Mountain vistas from a private
balcony or patio. The large rooms showcase the
ultimate in contemporary southwestern decor.
The high ceilings, bright, light and open
floorplans feature luxurious appointments to
make guest's accommodations feel more like
home than a hotel.
• Each room has a luxurious two -person whirlpool
tub, gas fireplace and private deck or patio facing a
view of 50 miles. Six themed suites are especially
delightful for special occasions. Honeymoon/Romance
and Golf packages are available.
• Meeting facilities for groups of up to 60 are available
For information call Southwest Inn at Eagle
Mountain at: (480) 816-3000 or (800) 992-8083
or on the Internet at: wwwsouthwestinn.com.
(continued on reverse side)
FOUNTAIN HILLS®
Comfort Inn: Comfort Inn is AAA approved with
2-Diamond rating, and offers warm friendly service in
a home -like atmosphere.
• All 47 newly constructed, immaculate and
beautifully appointed rooms offer a king or two
queen beds, 25" remote TV, pay -per -view movies, free
local calls, refrigerator, microwave, in -room coffee
service, hair dryer, iron and board. New suites with
in -room fireplaces and Jacuzzi rooms are ideal for
honeymoon and special romantic getaways.
Handicap accessible rooms are also available.
Second story rooms boast a private patio with
beautiful views. We offer complimentary deluxe
continental breakfast daily, and a copy of USA Today
(weekdays). Guest laundry facility is also available.
• Free shuttle service to the world renowned Mayo
Clinic Scottsdale (4.25 miles), Ft. McDowell Casino
(provided by the Casino) and to area golf courses
and attractions (some restrictions apply). Special golf
packages are also offered.
• Business is a pleasure at Comfort Inn Fountain Hills
with modern data ports in each room and free
Internet and email access in the lobby. We have fax,
copy and meeting room facilities available.
For further information call Comfort Inn Fountain Hills
at (480) 837-5343 or call our toll free direct line for golf
packages at 1- 877-587-5475. You may contact the
national reservation line at (800)-228-5150 or email at
cominnaz014(i�cs.com Check our website at
www.comfortinn.com/hotel/az014
Bed and Breakfasts
To enjoy the community atmosphere and get in to the
southwest environment of Fountain Hills there are
three delightful bed and breakfast establishments. Each
one has its own special ambiance with owners who are
dedicated to making their guests feel welcome,
comfortable and content.
• Bedlam Bed & Breakfast: Nestled high on a hillside,
the 5,000 square foot southwest territorial home
adjoins miles of desert with unobstructed views of
the mountains. The bed and breakfast suites face the
east for mountain sunrises and each has a private
entrance and bath. Victoria's room is on the main
level with queen size antique four poster bed. The
Coyote room is on the second level with a California
Izing bed. There is a porch swing just outside this
room. Both rooms have television, a small stocked
refrigerator and coffee pot. A heated pool and spa is
available for guest's use. For reservations call
(480) 837-9695 or e-mail at pam.carlson(&prodi .com.
• El Gecko Bed & Breakfast: A stay at El Gecko Bed
& Breakfast is like being in your own home. A private
large room with a queen bed, sitting area with
television, VCR, telephone and private bath add to
the 'at home' atmosphere. Guests may relax on the
lovely grounds and patio providing beautiful purple
mountain views, enjoy the quiet of a Koi pond or
swim in privacy and relax in the hot tub. As an
added benefit, the owners are pet friendly so guests
need not leave their special friend at home.
• Fountain Hills Inn: Fountain Hills Inn provides
something for everyone in a grand setting. Character
abounds with theme rooms, beautiful sitting areas
and patios. The Inn is highlighted with lush greenery
for serenity as well as garden statues and fountains.
Choose from guestrooms such as the Hemingway
Room, Little Bit of Heaven, Nautical Room or Out of
Africa. Two of the rooms have private entrances and
baths, two share baths. Guests are invited to enjoy
the solar heated pool and formal dining room. The
Inn is close to golf and area activities.
• Phylician Bed & Breakfast: Phylician Bed &
Breakfast is located in a large four room Spanish
hacienda offering spectacular desert and mountain
views. Decorated in eclectic southwestern style and
decor, two rooms have private baths, two share a
bath. Guests are invited to enjoy the pool, spa, tennis
courts and hiking trails on the property. A wonderful
location for a private family reunion or quiet
getaway without city distractions, yet in close
proximity to all the wonders Arizona offers.
For Further Assistance and Information:
Arizona Trails, a statewide reservations service, is the
central reservation service for Fountain Hills and can
provide wonderful insight into all these unique
properties that are all inspected and approved to
assure the quality of a guest's stay. To call Arizona
Trails toll free: 1-888-799-4284 or (480) 837-4284. For
Fountain Hills Central Reservations call 1-866-368-6445.
TOWN OF FOUNTAIN HILLS
• The Town of Fountain Hills in Arizona offers a touch
of the `American Southwest" with all the amenities
of the "New American Southwest" As one of the
fastest growing communities in the Valley of the Sun,
the town's motto is 'All that is Arizona". Located just
minutes away from Scottsdale as well as Phoenix
and Mesa, Fountain Hills is 'Home of the World 's
Tallest Fountain' an icon to the area along with the
incredible panoramic beauty of many mountain
ranges that envelop this Valley. A peaceful and idyllic
atmosphere surrounds this family oriented
community which is also home to fine resorts and is
perfect for a single destination vacation. Residents
and guests embrace a desert experience, yet
Fountain Hills is located close to well known
shopping, restaurants and the arts. It is just a short
drive to the famous White Mountains or a day trip to
the red rock beauty of Sedona, the natural wonders
of The Grand Canyon or the southwestern
atmosphere of Tucson.
• Spectacular panoramic vistas of the Red Mountains,
the Superstitions, the McDowells and Four Peaks, the
Mazatzals and the Sonoran Desert make Fountain
Hills a breathtaking oasis in the desert. Fountain Hills
affords the visitor one of the last great destinations in
the Valley with unsurpassed desert beauty. The desert
flora and fauna are unparalleled in variety and offer
a seasonal array second to none. With the clear
views, the visitor will see mountain ranges that
stretch for miles and desert sunsets that show off the
'purple mountains majesty'. Fountain Hills boasts
natural desert vegetation with a spring wildflower
extravaganza, deep arroyos, hundred year old cactus
and horticultural specimens only seen in this desert oasis.
• The World Famous Fountain Hills Fountain stands
as a focal point and at the heart of the community
and is one of the worlds highest. The fountain made
its debut in December of 1970 and for years was recorded
in the Guinness Book of World Records as the world's
highest fountain. Shooting 330 feet in the air, during
winter months the Fountain operates for 15 minutes
on the hour starting at 7 a.m. to 9:00 p.m. daily.
• As a tribute to the area history, the Town of Fountain
Hills will be opening a history museum in the spring
of 2002 located on the grounds of The Community
and Civic Center. Fountain Hills is full of fascinating
local history including the fact that it was the home
of the Fort McDowell Cavalry post in the 1800's.
About 800 years ago, the area near the convergence
of the Salt and Verde rivers was home to between
4,000 and 10,000 Hoholzam Indians. Artifacts from the
area show that the Hoholzam were a thriving civilization.
• The Community Center hosts events in its ballroom
as well as serves as a meeting place for corporations,
civic groups and individual use. In addition, the
multi -building center will soon be home to the new
library/museum complex slated to open in spring of
2002. The Community Center is a 31,000 square foot
facility and offers classrooms for arts and crafts,
8,000 square feet of meeting and banquet space with
a catering style kitchen, and a kinder care center.
• Fountain Hills is quickly becoming a desirable
vacation destination. Hotel and resort stays offer
many types of accomodations and include
CopperWynd Resort and Club; Southwest Inn at
Eagle Mountain and Comfort Inn as well as three
unique Bed & Breakfast vacation options.
• Major art, music fairs and festivals take place each
year at Fountain Park and Avenue of the Fountains.
The Great Fair, ranked 861h in the top 500 art fairs by
'Art Fair Source Book' and the Fountain Festival of
the Arts, one of the largest outdoor juried art shows
in the Southwest, attracts more than 100,000 people
each year.
• Fountain Hills is the Sister City affiliate of
Kasterlee, Belgium.
FOUNTAIN HILLS®
FOUNTAIN HILLS®
TOURISM COUNCIL c/o Town of Fountain Hills • P.O. Box 17958 • Fountain Hills, AZ 85269 • 1-866-368-6445
TOURISM IMPACT STUDY
DESTINATION MARKETING PROPOSAL
Prepared by Fountain Hills Tourism Council
for
the Town ofFountain Hills, Arizona
May 8, 2003
TOURISM IMPACT STUDY
AND A DESTINATION MARKETING PROPOSAL
FOR THE TOWN OF FOUNTAIN HILLS
Overview
The following study has been prepared by Fountain Hills Tourism Council with the
aim of providing the Town Council, Town Staff and the citizens of our community with
an objective assessment of the current and future importance of tourism in all of its
forms to the community. The study also includes thoughts and recommendations on
how to maximize the tourism benefits to the Town's economy while we are under the
current state of fiscal restrictions.
It is the opinion of the Tourism Council that tourism will significantly benefit the
prosperity of local businesses, local infrastructure and real estate. That tourism will
provide more effective utilization of public and private facilities already in place,
improve their efficiency and prompt the development of even higher standards of
service. As an "export industry'; tourism will create new jobs and, unlike any local
industry, bring in tax and other revenues from beyond the community. It will spur
future development of new upscale outlets and services and enhance property values.
And finally, it will ensure that our local economy can thrive and prosper without
expanding the town's boundaries or increasing the residential tax base.
If the pro -tourism policy presented in this proposal is adopted, we believe that the
Tourism Council working in collaboration with the Town Government represents the
best means of creating and implementing a consistent marketing and promotional
campaign until such time as the Town Government has the resources it needs to
establish a permanent department to oversee this effort.
To this end the Tourism Council has created what it believes is a realistic and feasible
working plan, with identified needs and responsibilities, that capitalizes on its
members' experience, commitment and volunteerism.
With this in mind, the Tourism Council asks the Town Government to acknowledge its
understanding of the impact of tourism on the community, issue its commitment to
promote the town as a tourist destination and approve the Tourism Council's proposal
for the ensuing financial year marketing budget. The members of the Tourism Council
believe that such a positive ruling will inject new enthusiasm into the Fountain Hills
business community. In addition, this kind of ruling will signal to the public at large
that our town believes that tourism is a high yield investment in a very desirable future.
1
1. Tourism, Arizona's Prime Export Indust
Defined as "industries where demand for goods and services comes from outside the
region", EXPORT industries are a backbone of financially prosperous regions and
communities. The viability of any economy is a function of the prospects for its export -
related industries.
Among the export industries, tourism is a dominant player. Travel and tourism combine
for the second largest employer in the nation. In Arizona alone, tourists spent nearly $16
billion in 2000. Apart from direct earnings, tourism has a major impact on employment
and economic development. There are indirect and induced effects on many industries
including retail and wholesale trade, services and transportation, government, finance and
real estate.
Combined forms of earnings from tourism in Arizona are estimated at $11.6 billion. The
value of generated economic output is $29.9 billion. There were 451,600 jobs provided in
Arizona through a direct, indirect and induced impact of tourism. Measured as a fiscal
impact, the tourism industry is believed to contribute 17% of the state's General Fund
Revenues.
The findings conclude that "If the Metro -Phoenix region is to continue to do well as an
economy, it willhave to maintain and/or improve its position as a tourist destination."*
Although the tourist industry has been suffering since the 2001 events, there is a positive
outlook for the region to meet this challenge. According to the nationally recognized
Lodging Econometrics report, Phoenix has a unique market position and the low lodging
supply trend, after the last year's surge of 2,300 hotel rooms, will benefit the area more
than others. Thereby, while the general industry recovery is projected by 2007, the
Phoenix market is expected to bounce back even faster."
This appears to be great news for Fountain Hills, with their ambitious plan to quadruple
the Town's lodging inventory by 2006, as analyzed further in this Study. The cyclical
nature of tourist industry has been well known. If this cycle proves to be right, and the
Town does its homework in supporting the planned development and marketing itself as
a worthy new destination, the timing could not be better.
• Source: Elliott D. Pollack & Co. for Arizona ice of Tourism
• Source: The Business Journal, Phoenix
2. Direct Financial Benefits
Fountain Hills' lodging inventory currently stands at 169 rooms, with a potential of
61,800 room -nights per year. Visitors spent about 38,000 room -nights in the town during
2002, resulting in approximately $3.3 million in room revenue alone.
PJ_
For the fiscal year of 2002, the Town of Fountain Hills is estimated to have collected
over $90,000 in bed tax and $270,000 in sales tax from the existing lodging and golf
facilities.
Based on available information, the above aggregate income represents 8.4% of the total
annual tax income of Town of Fountain Hills, and amounts to 1.6% of the total revenues
collected by the Town for 2002.
The three major lodging facilities (CopperWynd, Southwest Inn and Comfort Inn)
contributed over $80,000 in sales tax and about $90,000 in bed tax to the Town's
General Fund.
Sales tax totals collected by the Town from the three public golf establishments (Eagle
Mountain, Sunridge Canyon and Desert Canyon) amount to approximately $188,000.
The bed tax rate in the Town of Fountain Hills is currently at 3%. The highest local bed
taxes in the state are 4 %, charged in Eloy, Cave Creek, Sierra Vista, Nogales, and
Wilcox.
At present, Fountain Hills check-out rate (aggregate tax on accommodations) is 11.87%.
The percentage jumped to 12.87% on April 1. The highest state check-out total tax rate is
13.77 %. Having assessed the desire for a generator of additional promotional funds
versus the market need to remain competitive, the Tourism Council recommends leaving
the town bed tax at its current level, and remove the 1 % temporary tax as soon as
possible.
The Tourism Council understands the recent increase of Fountain Hills sales tax as an
interim measure to help bridge the budget deficit and supports it as such, with the
understanding that the rate would drop back to 1.2% once fire services grants and/or
other mechanisms are in place. At such point, the aggregate state & town sales tax rate
should not exceed 7.5%.
3. Indirect Benefits
Tourism generates over $1 billion annually in the Arizona state budget. Following is an
overall breakdown of visitor expenditures according to the Arizona Office of Tourism
(AOT):
Rooms
30%
Food
29%
Shopping
19%
Entertainment
14%
Other
8%
According to statistics from AOT, approximately 35 cents is spent on other purchases for
every dollar spent on lodging. Since the quantity and standards of local restaurants and
3
retail network are limited, and since visitors lean toward spending time in Scottsdale as a
renowned destination, we suggest that the spending in Fountain Hills might rather be
closer to 20 cents on a lodging dollar. This ratio should improve as the Fountain Hills
downtown infrastructure improves and as more attractions are added to both the town and
the adjacent lands, namely the Yavapai Nation and Salt River tribal communities. Based
on the current revenues and the above assumptions, the yearly local spending of the
vacationers staying in the existing lodging facilities as of now stands at over $1 million.
Fountain Hills has always enjoyed a highly positive impact on its visitors. Rather than
one-time visitors including those attending the annual fairs, it is the vacationer spending a
night or more in the town who is likely to make a long-term commitment to the
community. According to real estate agents, approximately 20 to 30 percent of
vacationers to Fountain Hills have purchased either first or second homes in the area. The
average size of a house/apartment purchased by a vacationer is 2,200 square feet, at a
median price of $285,000.
Considering that about 1 out of 4 purchases of a home by avacationer pertains to a newly
built home versus a resale, Town of Fountain Hills collects a sales tax of almost $3
million from this resource.
4. Additional Benefits
One in five jobs is impacted statewide by tourism.
As of today, the tourism community (ie, hotels, bed and breakfasts, restaurants, golf
clubs, tour and travel companies, rental car, and transportation services), in Fountain
Hills employs approximately 600 people.
Planned expansion of existing lodging facilities (namely CopperWynd) will provide
approximately 160 additional jobs. Add to this the newly planned hotels and resorts
(Hilton Resort, Holiday Inn, Amerihost Inn), and this number increases to almost 1360
permanent employment opportunities.
It is estimated that by 2005, tourism will employ over 1500 people (full and part time) in
Fountain Hills.
Fountain Hills has been perceived as an upscale residential community. This premise,
combined with the upscale image of Scottsdale, provide for premium real estate and also
higher room rates, restaurant and retail prices. In turn higher pricing results in greater tax
base collected.
This image of the town must be cultivated and promoted. There is no more efficient tool
for such efforts than tourism. The experience of visitors to Fountain Hills will establish
the level of the town's perception and will be a major determinant of the town's image to
outsiders. With the planned new inventory of hotel rooms in mid -scale to luxury level,
with the existing golf amenities and all local attractions, the town will have the material
0
base of more than 750 hotel -type rooms to host over 110,000 tourists and other multi -day
visitors. Third -party feasibility studies support these numbers as a realistic outlook which
may happen within 3 years from present.
It should be in the Town's interest to maximize on this capacity by adding a centralized
and well -coordinated promotional plan to the individual marketing efforts of the
individual establishments. Such a campaign will assure a consistently improving image of
Fountain Hills and thereby generate following secondary effects:
a. real estate property appreciation
b. a more efficient use of existing community investments (River of Time
Museum, Community Center, Fountain Hills Theater etc.)
inspiration to new businesses, namely restaurants and specialty stores
d. enhanced quality of living to existing residents
5. Destination Promotion and Marketing Status
Unlike in most other countries of the world, destination marketing, or tourist promotion
in the United States has always been a responsibility of the state and local
administrations.
Although every $1 spent on tourism promotion is believed to return $7 in total tourist -
related revenue*, Arizona has been historically under -funded. At the time when even the
national government recognizes the importance of incoming travel revenues and for the
first time ever allocates funds for national tourist promotion, Arizona ranks only 29 h in
the nation. Its annual state tourist budget of $9 million not only compares poorly to the
average budget of top twenty states ($22 mil.) yet is under further jeopardy as the state
legislature considers further cuts.
A zoom -in on Fountain Hills provides even a gloomier picture. Funding has dropped to a
minimum, by a far more than fair percentage compared to other town budget items. No
town authority is officially in charge of the town's destination marketing. No permanent
employment positions have ever been created for such a purpose. There is no member of
the staff or the Town Council with a supervising responsibility, not to mention a qualified
professional. Citizens, and small local businesses in particular, are turning to the
Chamber of Commerce and non-profit organizations demanding a coordinated town
promotion - and fail because these entities lack the budget and manpower as well.
• Source: Arizona Office of Tourism
5
6. About The Fountain Hills Tourism Council
The Fountain Hills Tourism Council was originally started as a committee of the
Fountain Hills Chamber of Commerce, with support from representatives of the tourism
community. The members were seeking a way to combine efforts with the town or a
town entity to promote Fountain Hills, thus improving business for all travel related
companies including but not exclusive to hotels, golf courses, restaurants and retailers.
The committee was formed in February 2001, with an executive board of 13 members,
who in the first year, mapped out an initial marketing program and budget. The first
year's budget was generated from a combined contribution of funds from the Chamber of
Commerce, the town, and the Arizona Office of Tourism grant program. The
promotional program included the key elements of collateral, advertising, and public
relations. Collateral materials and a press kit were developed to help spread the word
about all the unique and exciting benefits Fountain Hills has to offer travelers. An
advertising campaign was launched which to date has produced 7,402 responses,
including almost 300 inquiries from abroad. A close affiliation with Scottsdale
Convention & Visitors' Bureau was formed with tangible benefits (see Section 7). Initial
contacts with PR companies and press were established as the grounds for future PR
activities.
Some of the Council's plans unfortunately felt victim to the FY 2002-03 budget cuts (see
Section 8).
7. Destination Marketing Proposal
Fountain Hills Tourism Council is willing to assume responsibility for destination
promotion and other marketing activities for the Town until such time as the Town
Government is able to put a full time department in place to accomplish these goals and
objectives. It is our position that the current Tourism Council members, with some highly
experienced and recognized tourism professionals among them (see Exhibit), are
qualified and eager to undertake this task. Because we presume that the Town is not
currently in a position to create a permanent position or staff with the same level of
credential and experience as the Tourism Council in the near future, it is our hope that
this initiative presented by the Tourism Council will be welcomed by both the Town
government and the town citizens.
If this initiative meets with the support of The Town Council, it is recommended that the
lines of responsibility and accountability for a comprehensive marketing plan submitted
by Tourism Council be established on an annual basis.
The Tourism Council is realistic about the funding possibilities of the Town in its current
fiscal state. Efficiency of the contemplated marketing tools should offset the relative
modesty of the budget. Among its membership, the Fountain Hills Tourism Council
combines some unique professional qualifications, including CEO positions at Arizona
C'7
Office of Tourism, national and regional tourist offices, regional hotel associations,
experienced directors of marketing in the tourism field, etc.
The commitment of the Tourism Council discussed in this proposal is, of course, based
on the premise of an adequate budget to launch and eventually expand a proper marketing
campaign. Short and longer -term budget suggestions are covered in Section 8.
With the significantly reduced tourism budget for 2003, the members of the Tourism
Council agreed that the membership in Scottsdale Convention & Visitors Bureau is the
most valuable advertising tool and elected to spend $30,000, out of the $37,000 trimmed
budget total, on the required membership fee as a most efficient promotional vehicle. The
value from such an association can be documented by the following comprehensive
evaluation:
Scottsdale CVB Member Participation Benefits for Fountain Hills
Report - January 2001 through Present*
Public Relations
SCVB generated public relations impressions: 104 million
SCVB generated public relations editorial value: $6,650,000
Properties included:
Copperwynd Resort & Club: 41 articles
Southwest Inn and Golf Club at Eagle Mountain: 70 articles
SunRidge Canyon Golf Club: 42 articles
We-Ko-Pa Golf Club: 24 articles
Out of Africa: 9 articles
Cooperative Advertising
Overall Advertising Reach/Circulation: approx. 2,005,632 people
Golf
Leisure:
Groups:
SunRidge Canyon, Eagle Mountain and We-Ko-Pa golf clubs participated with the SCVB
in co-op advertising in numerous golf publications including Arizona Fairways, Golf
World, Scottsdale Golf Guide and the Scottsdale Swing newsletter.
Additional participation included on-line promotions with The Golf Channel and The
Scottsdale PING Thing.
Copperwynd supplied packages for the Chicago Tribune Festival of Lights Program and
Gourmet Gateways. They consistently participate in seasonal packages featured on-line.
In the past year CopperWynd booked 3 groups totaling 166 room nights and $47,000
revenue from leads generated by SCVB.
VA
Scottsdale Swing at Eagle Mountain (April 1-7, 2002)
SCVB invested approximately $150,000 to stage a Canadian Tour professional golf
event.
The Golf Channel provided 41 hours of live and replay coverage. Used graphics
identified the location as "Fountain Hills/Scottsdale".
Discover Scottsdale
The Official Destination Guide to Scottsdale, a directory of SCVB members in the
hospitality industry, has 23 pages that reference Fountain Hills. Two hundred thousand
(200,000) copies of this guide are printed for distribution as a fulfillment piece to meeting
planners and leisure travelers annually.
* Source: Scottsdale Convention & Visitors Bureau
The aim of the Tourism Council is to establish high criteria of marketing efficiency
similar to those presented above. The marketing campaign should be conducted as a
destination promotion focusing on a national traveler, promoting a special interest (golf,
eco-tourism and more particular) while allowing an exposure to regional and local day-
trippers.
Advertising will target both the consumer and trade/association segments, on a
nationwide basis, through proven media and publications. A compatible response
database will be strictly demanded from the publications/media and will be available to
interested parties for individual follow-ups. The value of budgeted advertising dollars
will be multiplied through AOT and other available grants.
Due the value of the Scottsdale Convention and Visitors Bureau joint programs, as
documented above, membership fees will remain a significant line item of the budget.
Other memberships, less costly, may be considered if they provide benefits not available
through individual efforts.
Public relations represent a category deserving the highest focus, utilizing the unique
qualifications of the Tourism Council members and their experience. The Council
recognizes the various forms of public relations as a most rewarding promotional tool.
Activities of particular interest include hosted press trips and other familiarization
events, free editorial coverage solicited through a consistent press -release program, free
or nominal fee listings, a systematic build-up of media relationships and all other forms
of a positive image development. These efforts will involve Fountain Hills Chamber of
Commerce (which has already created a channel for PR coordination) and the Town
Staff.
Publishing of own promotional material (brochures, folders, maps) will continue.
Published literature, or all collateral material, should be as general as possible, avoiding
the necessity of frequent updates and allowing more attention to effective distribution. A
coordination team should be established to recommend activities for other segments of
industry (public facilities, retailers, restaurants, vendors) to complement the Tourism
Council's production with the aim of creating a seamless marketing impact. Same
philosophy shall apply to website promotion and on-line advertising.
Trade shows, workshops and other multi -destination events will be considered only if
participating under an umbrella of Scottsdale CVB or other cost-efficient forms.
The Tourism Council acknowledges the value of joint marketing. For many of the above
activities, co-sponsors will be sought and a fee -based participation of individual members
may be solicited and promoted.
8. Proposed BudSet Structure
In the first year of the Tourism Council's existence, 2001/2002, the budget was set at
$76,234 which included fees for association with the Scottsdale Convention and Visitors
Bureau, independent marketing efforts and matching funds for the grant program.
Based on its genesis and the first successfully completed financial year, the Fountain
Hills Tourism Council entered the 2002/2003 fiscal year with a budget in the amount of
$89,565. With the deteriorating financial condition of the town, this budget was cut to
$65,898. Because of these cuts, some important line items were completely eliminated.
Most noteworthy among them, a planned press trip for travel journalists, a very proven
and efficient PR vehicle, was cancelled as a result.
For the next fiscal year, a further reduction was suggested by the town government,
trimming the budget to $37,000 only. Such a cut would not only freeze all activities and
limit them to SCVB membership only, it would technically disrupt the very existence of
the Tourism Council and make any previous efforts a waste.
0
Assuming the Town's acknowledgement of the importance of the tourism industry for the
future of the community, the Tourism Council proposes to start a long-term and planned
destination marketing campaign with the following minimum budget for fiscal year
2003/2004:
Proposed Marketing Plan 200312004
AOT Team Grant
Program
Media
Date
Total Cost
Grant
Town
Official State Visitors G.
Winter
$6,000.00
$3,000.00
$3,000.00
AZ Drive Guide
Summer
$986.00
$493.00
$493.00
Golf Magazine
November
$2,116.00
$1,058.00
$1,058.00
Midwest Living
Nov/Dec
$6,220.00
$3,110.00
$3,110.00
AZ Vacation Guide
Fall
$6,190.00
$3,095.00
$3,095.00
AZ Vacation Guide
Fall
$2,060.00
$1,030.00
$1,030.00
AZ Vacation Guide
Spring
$4,700.00
$2,350.00
$2,350.00
AZ Vacation Guide
Spring
$1,656.00
$828.00
$828.00
Grant Appl. Subtotal
$29,928.00
$14,964.00
$14,964.00
Town Budget Only
Other Advertising
$6,000.00
$6,000.00
Ad Production
$1,000.00
$1,000.00
Photo Licensing
$500.00
$500.00
Brochure Printing
$3,500.00
$3,500.00
Stationery
$600.00
$600.00
Fountain Hills Maps
$250.00
$250.00
Public Relations
$25,000.00
$25,000.00
AZ Tourism Alliance
$250.00
$250.00
Fulfillment Services
$2,000.00
$2,000.00
Postage
$3,000.00
$3,000.00
Airport Brochure Distrib.
$1,100.00
$1,100.00
Scottsdale CVB Program
$30,000.00
$30,000.00
Total Tourism Budget $102,128.0 $14,964.00 $87,164.00
The dollar amount proposed above as the Town's Budget represents 0.58% of the town's
overall fiscal budget, or 0.33% of total annual budgeted Town's expenditures. Considered
as a portion of the total sales and bed tax revenue generated, it is a 24% capital
reinvestment. Although modest, the budget, if approved, will enable to resume the
advertising campaign, conduct the planned press trip and lay grounds to a fundamental
PR impact.
10
In the following years, the Tourism Council's budget should consolidate as follows:
Proposed Marketing Plan - 2-5 Years Out
AOT Team Grant
Program
Media Date Total Cost Grant Town
select media TBD TBD $31,796.00 $15,898.00 $15,898.00
Town Budget Onl
Advertising - Press
$13,000.00
$13,000.00
Advertising - Other Media
$5,000.00
$5,000.00
Ad Production
$1,500.00
$1,500.00
Photo Licensing
$1,000.00
$1,000.00
Brochure Printing
$3,500.00
$3,500.00
Stationery Reprint
$600.00
$600.00
Other Printed Materials
$1,000.00
$1,000.00
Public Relations Firm
$25,000.00
$25,000.00
Trade Shows
$10,000.00
$10,000.00
Travel Expenses
$2,500.00
$2,500.00
Fulfillment Services
$2,000.00
$2,000.00
Postage
$2,500.00
$2,500.00
Airport Brochure Distrib.
$1,100.00
$1,100.00
Memberships
$500.00
$500.00
Admin. & Miscellaneous
$1,000.00
$1,000.00
Scottsdale CVB Program
$30,000.00
$30,000.00
Total Tourism Budget $131,996.00 $15,898.00 $116,098.00
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Should the town's financial position show marked improvement, an optimum
budget allowing a consistent exposure should increase according to the
following proposal:
Fountain Hills Tourism Marketing Plan - Optimum Impact Version
AOT Team Grant
Media Total Cost Grant Town
select media TBD $40,000.00 $20,000.00 $20,000.00
Town Budget Only
Advertising Press
$25,000.00
$25,000.00
Advertising Other Media
$8,000.00
$8,000.00
Ad Production
$2,500.00
$2,500.00
Photo licensing
$1,500.00
$1,500.00
Brochure printing
$3,500.00
$3,500.00
Stationery reprint
$750.00
$750.00
Public Relations Firm
$30,000.00
$30,000.00
Trade Show Materials
$5,000.00
$5,000.00
Trade Shows
$10,000.00
$10,000.00
Trade Show Travel costs
$5,000.00
$5,000.00
Other memberships
$500.00
$500.00
Fulfillment Services
$2,500.00
$2,500.00
Postage
$3, 000.00
$3, 000.00
Airport Brochure Distr.
$1,100.00
$1,100.00
Concierge Broch. Distr.
$1,200.00
$1,200.00
Admin. & Miscellaneous
$2,000.00
$2,000.00
Scottsdale CVB Program
$30,000.00
$30,000.00
Total Tourism Budget
$171,550.00
$20000.00 $151,560.00
10. Summary
Fountain Hills is on the verge of a major expansion of its tourist base. Assuming that the
already approved lodging projects materialize as planned, and support the general
expectation of the revival of the travel & hospitality industry in the later part of 2004, the
following is an impressive yet realistic projection of the actual impact tourism can have
on the well being of our community:
12
Direct Taxable Revenues from Tourism
Present
Projected — 2006
Index
Hotel Room Inventory
169
750
4.44
Occupancy
63%
63%
1.00
Room Nights Occupied PA
38861
172462
4.44
Average Daily Rate
$85
$122
1.47
Room Revenues
$3,300,000
$21,090,000
6.39
F&B & Other Revenues
$1,730,000
$6,300,000
3.64
Total Lodging Revenues
$5,030,000
$27,390,000
5.44
Golf Revenues
$11,750,000
$14,805,000
1.26
Other Local Spendings
$1,006,000
$5,478,000
5.45
Total $17,786,000 $47,673,000 2.68
Income to the Town of Fountain Hills (General Fund Proceeds)
Present
Projected — 2006
Index
Bed Tax
$90,000
$633,000
7.03
Sales Tax - Lodging Only
$80,000
$438,000
5.48
Sales Tax — Golf
$188,000
$237,000
1.26
Indirect (Tax on Other Spendings)
$16,000
$88,000
5.50
Total
$374,000
$1,396,000
3.73
11. In Conclusion
In the opinion of the Tourism Council the above dramatic impact will not, of course,
occur without the Town's public support. Indeed, it is our belief that this moment
represents an historic opportunity for the Town Council and the people of our community
to put in place plans that will ensure a positive, viable and very sustainable future
economic basis.
The Tourism Council has prepared this Study with the objective to prove the tremendous
impact of tourism on the economy of those communities which promote it. Tourism will
benefit the prosperity of local businesses, local infrastructure and real estate. It will
provide more effective utilization of public and private facilities already in place and
improve their efficiency. As an "export industry", it will create new jobs and, unlike any
local industry, bring in tax and other revenues from beyond the community. Finally, it
13
will spur future development of new upscale outlets and services and enhance property
values.
If the pro -tourism policy is adopted in general, the Town Council needs a steward of a
consistent marketing and promotional campaign. We submit a realistic and feasible
working plan, with identified needs and responsibilities, utilizing the members'
experience, commitment and volunteerism.
The Town Government is asked to acknowledge its understanding of the impact of
tourism on the community, issue its commitment to promote the town as a tourist
destination and approve the Tourism Council's proposal for the ensuing financial year
marketing budget. An anticipated positive ruling will inject new enthusiasm in the
Fountain Hills business community. The public should perceive the approval as the
town's high -yield investment in a desirable future.
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FOUNTAIN HILLS TOURISM COUNCIL
MEMBERS 2002-2003
Roxanne Boryczki
Ms. Roxanne Boryczki, past -chairperson of the Fountain Hills Tourism Council, is
the owner of Arizona Trails Reservation Service, a travel planning service company
specializing in Arizona and southwest vacations, golf packages and small meetings.
Arizona Trails Reservation Service is endorsed by the International Association of
Travel Agents. Ms. Boryczki serves on the Board of Directors for the Arizona
Adventure Travel Network and is the current secretary/treasurer. She has been a
speaker at the Governor's Conference on Tourism, has made multiple presentations
to civic groups on travel in Arizona, and has conducted instructional seminars for
small innkeepers. Ms. Boryczki serves on the Board of Directors for the Fountain
Hills Chamber of Commerce, and was awarded the 2002 Businessperson of the Year
Award. Ms. Boryczki received a Bachelor of Science degree in marketing from
Central Connecticut State University.
Rick Cibik
Mr. Rick Cibik is the sales manager for Fort McDowell Adventures, the tribal
enterprise that sits on 25,000 acres of spectacular Sonoran desert. Mr. Cibik's
responsibilities include sales for two western event facilities; The Stables at Fort
McDowell Adventures featuring the Verde River Trail Ride and general
management of the western adventure property. Previously, Mr. Cibik was in food
service management with ARAMARK and Marriott Corp. He has owned and
operated his own drive-in restaurant in Cleveland, Ohio.
Samantha Coffman (Treasurer)
Ms. Coffman is the Events & Marketing Coordinator of the Fountain Hills
Community & Event Center and has occupied this position since the Center opened
in September 2000. She is responsible for marketing strategies, event planning and
facility bookings. Ms. Coffman is the Town of Fountain Hills representative on the
Tourism Council. Prior to joining the Center, Ms. Coffman was an event producer
for Four Seasons Catering and spent several years as a corporate training manager
for Lone Star Steakhouse & Saloon. Samantha holds a Bachelor of Science degree
from Southwest Missouri State University in Springfield, Mo. She is a member of
the Phoenix Convention & Visitors Bureau, National Association of Catering
Executives, North Valley Event Network, and Meeting Professionals International
where she serves as co-chair of the membership committee, and is listed in the
"Who's Who of Professional Management".
Frank Ferarra
Mr. Frank Ferarra is Executive Director of the Fountain Hills Chamber of
Commerce. Prior to that, for 32 years Mr. Ferarra was Civilian Deputy Director for
foreign military sales in the United States Department of Defense (Army Section).
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Jay Haffner
Mr. Jay Haffner is the director of golf at SunRidge Canyon Golf Club in Fountain
Hills, responsible for overseeing all operations of the golf club. After serving two
years as director of golf at Sanctuary Golf Club at Westworld in Scottsdale, Mr.
Haffner returned to SunRidge Canyon Golf Club in October 2001, where his career
with SunCor Golf began. Prior to Sanctuary, he was the head golf professional at
SunRidge Canyon for two years after serving as an assistant professional for two
years. Originally from Broomfield, Colorado, Jay Haffner graduated from
Southwestern College in Winfield, Kansas in 1991 with a degree in business
administration. He is a Class "A" member of the Professional Golfers Association
(PGA).
Tracy Herbst (Secretary)
Ms. Tracy Herbst is VP Marketing for Platinum Golf Properties, a golf course
management company with a portfolio that includes the Golf Club at Eagle
Mountain. Ms. Herbst is a veteran of golf marketing and has been involved with the
Golf Club at Eagle Mountain since 1996 as its Director of Marketing. Prior to Eagle
Mountain, Ms. Herbst was involved in advertising sales with a specialty in resort and
real estate marketing for golf publications. Ms. Herbst serves on the Golf Advisory
Board for the Scottsdale Convention and Visitors Bureau and is a member of the
Phoenix Advertising Club. Ms. Herbst received a Bachelor of Science degree in
marketing from the University of Oregon.
Vladimir Hulpach (Chairman)
Mr. Vladimir Hulpach is principal owner and President of Fountain Vista Properties,
a development company based in Fountain Hills, AZ. His international career spans
from Prague to London and New York. Professional highlights include chief
organizing responsibilities of Travel Agents' Association (UFTAA) and International
Hotel Association (IHA) world congresses in 1989 and 1990, President/CEO of
Cedok (Czech National Tourist Office in New York) between 1991-1995 and other
executive and board positions with travel and hospitality -related national and
international organizations (American Tourism Society, Eastern & Central Europe
Travel Board). His hotel development experience includes the 756-room Prague
Hilton and the planned Hilton Fountain Hills Resort project. Mr. Hulpach serves on
the Board of Directors of other Fountain Hills organizations such as Chamber of
Commerce, Sunridge Foundation and Plat 208 POA.
Phyliss Kern
Ms. Phyliss Kern is an Associate Broker with Coldwell Banker Success Realty and
the owner/Innkeeper of the Phylician Bed and Breakfast in Fountain Hills. A
resident of Fountain Hills for nearly 25 years Phyliss is an active member of the
community and has participated in numerous town boards and committees in such
positions as Co -Chair - Realtor MLS Meetings 1988-89, Vice President - Plat 208
POA 2000-2001, Chair - Building Committee for the Fountain Hills Chamber of
Commerce Building, Sponsor - PopWarner Little League etc. Ms. Kern is an active
member of the Presbyterian Church and has made numerous donations to the
16
Fountain Hills Library, Defibrillator Program, Fountain Hills Charter School, and
the Sunridge Foundation.
Jeff Lessig (Vice Chairman)
Mr. Jeff Lessig is the Director of Golf for We-Ko-Pa Golf Club, just east of Fountain
Hills and adjacent to Fort McDowell Casino. He currently serves on the Executive
Board for the Scottsdale Convention & Visitors Bureau and chairs that organization's
golf committee. Previously, Lessig was director of golf at SunRidge Canyon Golf
Club in Fountain Hills. During Lessig's six years with SunRidge Canyon, the golf
club received national acclaim from GolfMagazine's list of "Top 100 Courses You
Can Play in the US." From 1999 through 2002, he served as national chairman of
the Communications and Public Relations Committee for the PGA of America. He
has also served as president of the Southwest Section of the PGA from 1997-1998. In
1999, Lessig was named the Southwest Section PGA Professional of the Year for his
work in developing new youth programs and promoting the Southwest Section PGA
on a national level.
Mark McDermott
Mr. Mark McDermott is a career organization manager in the field destination
marketing. Currently operating as an independent marketing and management
consultant, he most recently served for seven years as the Agency Director of the
Arizona Office of Tourism. Prior to that he served in senior executive roles in the
destination marketing organizations for Fort Lauderdale/Broward County, Florida;
Boston, Massachusetts; Albany, New York; and Buffalo/Niagara, New York.
McDermott has served in national, regional and statewide leadership capacities
including the boards of directors of the Travel Industry Association of America,
National Council of State Tourism Directors, Western States Tourism Policy
Council, and statewide tourism associations in Arizona, Florida, Massachusetts and
New York. McDermott received a Bachelor of Science degree in tourism from
Niagara University, and a Certification in Organization Management from the
Chamber of Commerce of the United States and University of Notre Dame. He
resides in Fountain Hills, Arizona.
Nancy Shina
Ms. Nancy Shina is General Manager of Inn at Eagle Mountain in Fountain Hills.
The Inn is associated with Grace Hospitality Group. Ms. Shina is a 20-year veteran
in the hospitality and tourism industry. Prior to joining Grace Hospitality Group she
owned her own company specializing in marketing solutions for hospitality, tourism
and technology companies. She has served the Travel Industry Association, Arizona
Tourism Alliance, Hotel Sales & Marketing Association, Network of Executive
Women in Hospitality -Arizona, and is listed in "Who's Who in the West".
Sam Trivedi
Mr. Sam Trivedi is the developer and general manager of the Comfort Inn Fountain
Hills. Mr. Trivedi is a 12-year veteran in the hospitality and tourism industry. He has
a Masters degree in Mechanical Engineering from California State University, Los
17
Angeles. He is also "CORE" Certified from Choice Hotels International. His motto is
to be rich in heart and live a pure and ethical life.
Don Weintraub
Mr. Weintraub is General Manager of CopperWynd Resort & Club in Fountain
Hills. He is a 25-year veteran of the hotel and resort industry, having prior
associations with Sheraton Hotels (6 years) and Princess Hotels International (15
years). Mr. Weintraub serves on the Board of Directors of the Scottsdale Convention
and Visitors Bureau, the Valley Hotel Resort Association, Hospitality Sales &
Marketing Association, and previously served as Chairperson of the Scottsdale
Chamber of Commerce Marketing, and Visitor Industry Advisory Committees. He
also owns a hospitality consulting firm called Grapevine, L.L.C., having provided
services for such prestigious properties as The Woodlands Resort & Conference
Center, The Woodlands, Texas; Half Moon Resort, Montego Bay, Jamaica; and the
St. Regis Monarch Beach, Dana Point, California. Weintraub graduated Cum
Laude with a BFA from University of Bridgeport, Bridgeport, Connecticut.
18