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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). F:\AGENDAS\REGULAR\2003\Regular Session 6-5-03.doc Page 2 of 4 Last printed 6/4/2003 8:08 AM Lq �w *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". F: AGENDAS\REGULAR\2003\Regulaz Session 6-5-03.doc Page 3 of 4 Last printed 6/4/2003 8:08 AM N 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. r r F:\AGENDAS\REGULAR\.2003\Regular Session 6-5-03.doc Page 4 of 4 last printed 6/4/2003 8:08 AM 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 �M/Jloy Men'f I Go-7 455& 2117 IN — Pos .319F 4cdm,ry SL)ppoe CMp/of,cr•I's, /114,41e; A�L2ic4- IljleSY' +lr s 13 TildE yo1����P��l�pe�^ �l✓�. DEP T. Tij cSON 'r-PT I } OF ..10UOnr, I�eRQeJ�errQ�S 646 E i1�S5ovri Su,r 3ryry Pµx AZ - �S�/2 NOW 5,50b 4 1' Q V `• ,^7 � y 4 b .c L17 O tlj Q � h- CL ¢ ULJ Q o Q 0 IVll... .y Na o'er ,. !"� t 4yi • � ` •�jcy,� • �l fib" � V \Q i •t i Z WCc 2 ti 9 F COS > .30 R :' y lF •� L i .. 'O'. 0 4 %C r O i ° 19 'f �. _ .. .6 .v v V 4 V V ; V g V 4 V t. V . V = V V Cj!w V V.% g V `.. �Q ST�7 d,+_C V O ' �•r �° W •';�Y 1; W ip. ', o N N g �•"� V C, - Ly. h" Y .a o' CDO 0 W Z r: Z � W r -1 00 *,w Cys (n .Co V O 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 c� I � 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 I 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 'ti T� owl ... gyp. v R x o PUE_ B' 4 r OT3FUG = x, E , ." v }. s WROUGHT IRON s FENCE + �, A BOUN PROPERTYIIE h PLAT;403-B BLOCK 3 r w. US LOT 7 LOT 8 EX SNG TIHOUSE A / tK r PLAT 401-8 = i' BLOCK o} v LOT 34 ^� s ' �'r i � 0 ., � � > TING 5' HI H s 1 o - � T' ,.( Y 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 I Plat Name Cl Block Lot 14AX 1')4 F LkU-5 A PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS-2l o q EXISTING ZONING: , PROPOSED ZONING r Application Page 3 of 11 E \=orr s\Genera AOPhcar,on. Pubi1C Heonng.00c v wu.c3,v i.•o a. lau"lsa..opld.auo53uou.p :i°w-a lY .a rvfINInCCNOJ sera-cf? swl-ai (09t) f 3AI60 ^ 1j�.Y"� = °3 BSZSB tlNOLdtl 'STIN NItl1I C3:ON Sll t Z 31!ns 3r.a M IAYIbVd •3 9:_9t C `� ; j'� L wac _O-1 '6 )!GCB �T'1NiNi01/NrN * ONYi71tlON� --O -^. -f N;tl/rvS l AN�� 30N301SAI N30100 ab =rg; g i2i=g a.. CID ` 9§ !}�� byco E pp C7kii LL ^ Oxc six Q :+ 4�3[=Oinn �Y01 Sb8 - 86 a :+ f� LyC v 00 �00 1 m s ac xi iv � .0 mvaa«enarrov, i 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 /'rAIN C : 4 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 i_d.w d Block Lot Mrs. Applicant: Day Phone Mr. Ms. Address: Z Z J z 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 a 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 /�l o 7 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 I 1 1 1 I 3fc f >• I t* `a� I ,1� u7 ', \ ��� Cv 9 �,"•3 ��� roari' • a- c� \ • soy _ I le A.�� 1W `s iS 1 <� \ Yafg .0 �. Vim__ r •M::.:J'I 1 `�. 1` r .77 \� Y ra-E Fv • I •-I�� A M1T` a zz / �.w..., ,rtC. / Y \O / Y \EE RY ENGINEERING A MANAGEMENT, . is/:6 E. PAPK,EP: abE. S cOCNT-Iff '<W !. e4ZONA ° 259 M" 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 ,•-'='�'`�- 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. 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R _ f $ a 2 5 Y R � � !. 8 R E ' n • � - Iy74F{[L r �n Q r a ,r i q K � ■ ■ u■ V CrD V \ V ■ ■ ~�. ■ cr rAd TiI y C m z rm m 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 - 155 - 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 - 156 - 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 - 157 - 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 - 158 - 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 - 159 - 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 - 160 - 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 -161- 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 11 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. 14 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). 15 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