Scottsdale unanimously approves $700,000 ADA evaluation, advances 272-space Oldtown parking structure
SCOTTSDALE, ARIZONA — March 5, 2025

Scottsdale unanimously approves $700,000 ADA evaluation, advances 272-space Oldtown parking structure

City council approved major ADA compliance initiative and parking structure while residents presented detailed complaint about commercial sports facility illegally operating in residential neighborhood.

Scottsdale Council Agendizes Residential Zoning Violation Complaint While Approving Major Parking and ADA Compliance Initiatives

The Scottsdale City Council on March 5, 2025, unanimously approved two major initiatives—a $700,000 comprehensive Americans with Disabilities Act compliance evaluation and a design-build contract for a 272-space parking structure in Oldtown's Northeast quadrant—while agreeing to agendize a citizens petition alleging that a sports training facility in the Sundown Ranch neighborhood is operating illegally in violation of residential zoning codes.

The meeting drew eight public comments, most addressing what residents described as a brazen circumvention of zoning enforcement. Five neighbors and a neighborhood watch representative testified about Hercules Field, a commercial sports facility at 8226 East Shea Boulevard, which they claim was converted from residential use without permits, now hosting baseball games with 20–35 vehicles parked on-site, extensive lighting, and noise from games played within sight and sound of adjacent homes. The property is owned by Michael Gart, identified as a general contractor, and is being used both as a sports training facility and a construction storage site for Hercules Contractors.

The Hercules Field Complaint: A Year of Unanswered Code Enforcement

Michael Schaefer, a resident at 10619 North 82nd Place, opened public comment with a petition bearing approximately 20 signatures. He described the property's transformation from a residential home to a commercial operation with professional-grade infrastructure: a 40-foot sports training facility, construction vehicle storage, billboard advertising, and lighting he compared to that of a professional baseball stadium.

"The neighbors have complained over and over… we are wondering why the complaints have never been addressed." — Michael Schaefer, resident and petitioner

Schaefer emphasized his support for youth sports—he has coached for 20 years—but stressed that the property violated R-135 zoning, which mandates residential use. He cited specific violations: no permits pulled, landscaping removed, and no one living on the property despite residential zoning requirements.

Pat Sullivan, living at 10617 North 83rd Street immediately across an easement from the facility, described dangerous traffic conditions on Shea Boulevard, which he noted experiences 40,000 vehicles daily and has seen a fatality. He reported 30-plus vehicles parking in the front yard during games, baseballs and litter landing in neighboring yards, and the constant "crack of the bat" audible from his home.

Robert Crawford Jr., president of the Sundown Ranch Acres neighborhood watch, reiterated that the property has created "many negative impacts including parking noise lighting property damage and other issues" and stated his belief that the city may have been misled when issuing construction permits by the notion that the facility served a single-family residence rather than a commercial venture.

Laura Schaefer provided the most detailed account of the property's actual use. She testified that upon purchase, the owners immediately converted it to a sports facility and storage site—"no one spent the night there no one has their mail going there for personal purposes." She noted that the property owners operate a residence in McCormack Ranch and flagrantly use neighborhood easements and facilities without permission. She requested that the city recognize the zoning violation and force the owners to either relocate the operation to their legal residence or comply with R-135 zoning.

Elizabeth Fernandez, residing at 8225 East Shea Boulevard directly behind Hercules Field, documented her year-long attempt to resolve the issue through proper channels. She stated that she had filed code enforcement complaints, provided photographs and evidence, and compiled communications with code enforcement. She noted that she is a licensed interior designer familiar with zoning law and was surprised that the general contractor (Gart) had failed to pull permits. She cited online advertisements by Hercules Contractors explicitly referencing the 8226 East Shea Boulevard location and announcing the opening of a "commercial baseball facility," yet complained that code enforcement had asked her to "prove" this was a business.

"I have included advertisements specifically from Hercules contractors and Hercules field… they also specifically state proudly that they have opened a commercial baseball facility right next door." — Elizabeth Fernandez, resident and licensed interior designer

Fernandez accused Gart of deliberately "backing into" the commercial conversion step-by-step and of "bull-facing lying to code enforcement," noting that the lighting modifications were minimal "bare minimum" compliance gestures while operations continued unchecked.

Ed Lar, living one house away from the facility at 10629 North 83rd Street, drew a pointed contrast with his own recent dispute. He described having spent nearly two years and $50,000 in legal fees fighting the city over an 8-inch adjustment to a garage that had been in the same location for 59 years. Despite neighborhood support and the absurdity of the city's claim that the adjustment could "poison the city's water supply," it took intervention from then-Solange Whitehead and City Attorney Sherry Scott for the city to finally concede the matter. Lar asked why the city was allowing Gart to operate with "blatant disregard for zoning" when it had pursued enforcement so aggressively against him.

"We've already had one accident on Shea Boulevard where somebody passed away… some nights 25 to 30 vehicles in the front yard that's not what this was meant to be." — Ed Lar, resident and former NCAA Division One athlete and coach

Lar, who had coached Division One hockey and junior sports, emphasized that while he supported youth athletics, "there's a time and a place," and the city needed to act.

Council Response and Agendization

Following the public comment, Mayor Lisa Borowsky noted that Schaefer had previously emailed her regarding when the petition would be discussed. Lisa Borowsky indicated the council could agendize the petition for a future meeting. She stated,

"I'd rather take this out of order and uh have a discussion or take a entertain a motion on this one a Citizens petition so that you and your group there doesn't have to wait for us to do that." — Mayor Lisa Borowsky

A motion to agendize the citizens petition for a future council meeting passed unanimously. Lisa Borowsky quipped "play ball" as the residents left, an apparent reference to Schaefer's remarks about his love of youth sports.

Later, during the regular agenda, Councilwoman Kathy Littlefield made an explicit request to staff:

"I have um a request also I would like for the um City staff to look at the concerns of the neighbors as they spoke um about their neighborhood and the construction storage site located off Shay and uh 8226 and I think I had uh 10617 North 85th Street Sports facility where they're using residential lots to um use non have non-residential uh activities there commercial activities and I would like to have staff take a look at this and report back to us as to what they found and what our alternatives are if they found this is correct um what we can do to fix this problem." — Kathy Littlefield council member objected, and the request became a formal directive to city staff.

ADA Self-Evaluation and Transition Plan: $700,000 Comprehensive Audit

The council unanimously approved Resolution 13331, authorizing a $700,000 contract with Matrix Design Group to conduct the city's first comprehensive Americans with Disabilities Act compliance evaluation in over 20 years. Councilman Barry Graham had pulled the item from the consent agenda to ask staff questions before voting.

Kelly Corsett, the city's ADA and Title 6 coordinator, explained that the city had long taken a "piecemeal approach" facility-by-facility and area-by-area, but it became clear that a comprehensive update was necessary to meet federal ADA requirements and minimize the city's liability. The contract will encompass:

Kevin Lardner, representing Matrix Design Group, presented the methodology. The firm will deploy mobile sensor technology (including golf carts equipped with data-collection systems) to survey sidewalks and trails, generating georeferenced data that integrates with the city's GIS and asset management systems. The company will also conduct community outreach through three accessible public meetings, a 24/7 interactive mapping tool for citizen feedback, and targeted engagement with the disability community.

"This is an all-encompassing understanding of the city's facilities programs and policies… we must look at compliance for Ada and ABA and state requirements." — Kevin Lardner, Matrix Design Group

The final deliverable will be a self-evaluation and transition plan identifying barriers, cost estimates for removal, implementation timelines, responsible parties, funding mechanisms, and a public-facing dashboard for monitoring progress and soliciting ongoing feedback.

Barry Graham asked whether the city had checked what peer cities (Peoria, Glendale, Chandler, Gilbert) had done, whether they hired third parties, and how many city staff hours would be required. Corsett acknowledged she did not have a comprehensive tally of other valley cities' approaches but confirmed that peer cities hire outside firms because the scope exceeds internal capacity. She stated that staff hours had not been estimated but would coordinate the effort while Matrix Design handled "the bulk of it."

Councilwoman Maryann McAllen asked Corsett to explain the federal mandate and the scope for council members unfamiliar with ADA requirements. Lardner responded, noting that accessibility extends far beyond wheelchair users to include people with hearing, vision, cognitive, and other disabilities. He emphasized that the project "pays for itself" from a risk-management perspective.

Solange Whitehead noted that residents had previously contacted her about specific accessibility barriers and asked how the public would be invited to participate. Lardner outlined three accessible community meetings, a 24/7 interactive web map where residents can drop pins and provide feedback, and targeted outreach to disability community organizations. Solange Whitehead then shared a poignant anecdote: a constituent's wheelchair-bound friend had fallen on a non-compliant sidewalk during summer and died from her injuries because she could not get up off the hot pavement. Solange Whitehead also asked whether foliage and landscaping blocking sidewalk access would be flagged; Lardner confirmed that all data would be georeferenced and categorized (maintenance vs. vegetation, for instance) to enable ongoing monitoring.

Councilman Adam Kwasman expressed strong support:

"As somebody who has been involved in risk management for a long time I'd like to urge my fellow council members to vote in support of this motion… this pays for itself this absolutely pays for itself as a risk-management aspect to it's the right thing to do for constituents." — Adam Kwasman resolution passed unanimously.

Northeast Oldtown Parking Structure: Addressing 500-Business Shortfall

Councilman Barry Graham had also pulled Consent Agenda Item 6 from the omnibus vote to allow stakeholder comment before approval. The item was a design-build contract for a two-level parking structure on the northeast quadrant of Oldtown Scottsdale, anticipated to provide 272 total parking spaces with a net increase of 144 spaces over the current 128 spaces.

John Rosenberg, identified as a Northeast quadrant stakeholder, testified in favor. He emphasized that voters had overwhelmingly approved the need for additional parking; that all city staff, police, the city manager, transportation, and "every single neighbor in the Northeast quadrant" supported the structure; and that "almost 500 businesses" in the quadrant were "in desperate need for additional parking." He noted that a 2015 Walker parking study commissioned by the city had confirmed the urgent need and that conditions had only worsened with additional projects in the pipeline. Rosenberg also noted a historical inequity: the Northeast quadrant had never benefited from a new parking structure despite having donated land (now worth $20 million) to the city for this purpose.

"The Northeast quadrant is the only quadrant that actually has never had the benefit of a new parking structure and yet that quadrant gave the land that will be used for the parking structure to the city which piece of land which today is worth $20 million." — John Rosenberg, Northeast quadrant stakeholder

Barry Graham asked whether the structure would span two parcels across Sixth Avenue and whether an underpass was contemplated. Alison Tim, the presenting city staff member, stated that design details would be finalized through the contract process and that they would need to "get through the design to see that."

Barry Graham then offered enthusiastic remarks about parking's long-standing absence from Oldtown and its effect on downtown vitality and tourism. He acknowledged that "the Southeast quadrant does have parking deficits" by design due to historical P3 policy but argued that additional parking in the Northeast quadrant would benefit the entire downtown.

"Downtown has been deprived… there's been a death grip depriving downtown from desperately needed parking our tourism is higher than ever… the Northeast quadrant does have parking deficits I will say that is by total design." — Barry Graham contract passed unanimously.

Rates and Fees Presentation: Enterprise and General Fund Increases

Budget Director Scott Seline presented proposed fiscal year 2025–26 rate and fee increases across Enterprise funds (water, sewer, solid waste) and operating funds (planning, parks, human services, fire). The presentation was informational; rates would be posted for a 60-day public comment period with a formal hearing scheduled for May 20.

Water Resources (Kevin Rose, executive director): A 4.5% increase to water base fees and volumetric charges, effective November 1, 2025; a 6% sewer increase effective July 1; and a 10.9% increase to miscellaneous service charges (meter services, line maintenance, bulk water). Cost drivers cited were raw water (Central Arizona Project and Salt River Project), personnel, electricity, and treatment chemicals. Rose stated that Scottsdale residents would see approximately a $591 annual impact and that the city would remain on the lower end relative to peer benchmarks (Peoria, Phoenix).

Solid Waste (Dave Bennett, director): A 5% increase for residential (85,000+ single-family customers); 4% for commercial refuse; 4% for on-demand rolloff services; 5.1% for commercial 90- and 300-gallon recycling containers; and 8.5% for commercial recycling containers. A commercial customer with a 4-yard container picked up once monthly would see a $522 monthly increase. Bennett highlighted that Fleet Maintenance, Personnel, and landfill costs accounted for 75–86% of the increase and outlined the ongoing transfer station expansion (three to six bays), scheduled to begin summer 2025 and complete in early 2027, which would extend landfill life and create two new revenue streams (green waste drop-off and permanent household hazardous waste facility). He noted that recycling markets had stabilized; as of January 30, 2025, the cost to manage a ton of recycling was net-neutral, compared to $32.50 per ton to bury garbage.

Planning and Development Services (Michael Clack, director): A 5.2% average increase across approximately 24–25 pages of fees to achieve 100% cost recovery and generate an estimated $1.1 million in additional revenue. Example impacts: pre-application fee from $125 to $131 (+$6); building permit base fee from $225 to $237 (+$12); water heater permit from $60 to $63 (+$3).

Parks and Recreation (Nick Mulliner, senior director): Increases to full-facility, two-day rental fees for three Scottsdale Sports Complexes—Scottsdale Sports Complex from $2,250 to $2,500; Bell 94 from $1,600 to $1,800; and Riata from $1,300 to $1,500—generating approximately $4,000 in additional revenue and primarily affecting youth sports tournament producers.

Enterprise Operations (Judy Doyle, senior director): Making permanent the Scottsdale Stadium first-base patio fee, originally implemented as a pilot at $1,725 in 2024. The space had been rented 15 times for celebrations of life, conferences, meetings, and Pack 12 baseball. No revenue change anticipated; the action merely formalizes the pilot as ongoing.

Human Services and Libraries (Kira Peters, senior director): Two proposals—creation of a new senior center excursion fee (50% cost recovery from program participants, 50% from special revenue fund, enabling the city to replicate a successful grant-funded program that served 636 seniors in 2023–24 for museum visits, sporting events, hiking); and elimination of the $2 table tennis drop-in fee, which had generated only $6,990 over seven years and discouraged participation among seniors.

Fire Department (Carrie Swick, assistant chief): Three fee adjustments—after-hours inspection fees from $500 to $700 (approximately 250 performed annually, funding midnight or 5 a.m. Certificate of Occupancy inspections); special event plan rush fee $500 (aligned with existing fireworks and tree lot fees, to discourage last-minute submissions); and compliance engine fee from $35 to $50 (tracking fire suppression system compliance citywide; 92.7% compliance rate).

The presentations generated no public comment. Seline noted that total projected new revenue was $14.2 million for Enterprise funds and $1.3 million for general and special programs funds.

Comprehensive Financial Policies Annual Review

City Treasurer Sonia Andrews presented the annual adoption of Scottsdale's comprehensive financial policies with proposed housekeeping and minor strengthening changes. Resolution 13356 passed unanimously. Notable changes included:

Adam Kwasman asked whether the park and preserve fund balance carry-forward practice was common and whether restricted taxes typically carried forward unused balances. Andrews confirmed that restricted-tax funds carry forward balances and that this is standard practice.

Boards and Commissions Nominations

Vice Mayor Jan Dubauskas chaired the nomination process for citizen advisory boards and commissions. Applicants nominated for interview include:

Other Council Actions

The council approved meeting minutes from the February 11 special meeting, executive session, and regular meeting (unanimous). Consent agenda items 1–5 and 7–10 were approved unanimously. French Thompson offered an apology for recent emotional outbursts during council meetings, stating respect for council members' offices while criticizing members of the public who he characterized as "cowards and bullies" for calling out individual council members on topics not agendized.

Meeting Duration

The regular meeting ran approximately three hours and thirty minutes.