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z:\council packets\2017\j170221 - joint session fhusd#98\j170221a.docx Page 1 of 2
NOTICE OF THE
JOINT SESSION BETWEEN THE
FOUNTAIN HILLS TOWN COUNCIL
AND
THE FOUNTAIN HILLS UNIFIED SCHOOL
DISTRICT BOARD
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Alan Magazine
Vice Mayor Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
Edith Stock, President
Jill Reed, Vice President Dr. C.T. Wright, Boardmember
Judy Rutkowski, Boardmember Dr. Wendy Miedel Barnard, Boardmember
TIME: 5:30 PM
WHEN: TUESDAY, FEBRUARY 21, 2017
WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council
meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents
have a right to consent before the State or any of its political subdivisions make a video or audio recording of a
minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which
children are present may be subject to such recording. Parents, in order to exercise their rights may either file
written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children
are not present when a recording may be made. If a child is present at the time a recording is made, the Town will
assume that the rights afforded parents pursuant to A.R.S. § 1 -602.A.9 have been waived.
CALL TO ORDER – Mayor Linda M. Kavanagh
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AGENDA
1. Introduction of attending members by Mayor Kavanagh.
2. Discussion relating to the possible rezoning and sale of surplus vacant Fountain Hills
Unified #98 School District property.
3. Update on the State Trust Land.
4. Discussion relating to intergovernmental agreements between the Town of Fountain Hills
and the Fountain Hills School District.
a. Resolution 2007-26 – Intergovernmental Agreement relating to shared use of
District and Town facilities
b. Resolution 2007-01 – Intergovernmental Agreement relating to construction,
installation, operation, maintenance and joint use of facilities for recreational
and athletic facilities
c. Resolution 2003-68 – Intergovernmental Agreement relating to Channel 99
5. Discussion regarding placement of signage recognizing the Fountain Hills High School
State Champions.
6. Discussion regarding the East Valley Institute of Technology (EVIT) facility located at the
4 Peaks Elementary School site.
7. Discussion relating to the Town budgeted Fountain Hills School District’s Resource
Officer position.
8. Discussion regarding the Town’s paid use of School buses for summer recreation programs
and other uses.
9. Discussion regarding whether or not regular joint meetings should be established between
the Fountain Hills Town Council and the Fountain Hills Unified School District Board and
at what frequency.
10. Adjournment
DATED this 16th day of February, 2017.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (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 ag enda
information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in
the Clerk’s office.
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NOTICE OF THE
JOINT SESSION BETWEEN THE
FOUNTAIN HILLS TOWN COUNCIL
AND
THE FOUNTAIN HILLS UNIFIED SCHOOL
DISTRICT BOARD
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Alan Magazine
Vice Mayor Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
Edith Stock, President
Jill Reed, Vice President Dr. C.T. Wright, Boardmember
Judy Rutkowski, Boardmember Dr. Wendy Miedel Barnard, Boardmember
TIME: 5:30 PM
WHEN: TUESDAY, FEBRUARY 21, 2017
WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council
meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents
have a right to consent before the State or any of its political subdivisions make a video or audio recording of a
minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which
children are present may be subject to such recording. Parents, in order to exercise their rights may either file
written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children
are not present when a recording may be made. If a child is present at the time a recording is made, the Town will
assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
CALL TO ORDER – Mayor Linda M. Kavanagh
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AGENDA
1. Introduction of attending members by Mayor Kavanagh.
2. Discussion relating to the possible rezoning and sale of surplus vacant Fountain Hills
Unified #98 School District property.
3. Update on the State Trust Land.
4. Discussion relating to intergovernmental agreements between the Town of Fountain Hills
and the Fountain Hills School District.
a. Resolution 2007-26 – Intergovernmental Agreement relating to shared use of
District and Town facilities
b. Resolution 2007-01 – Intergovernmental Agreement relating to construction,
installation, operation, maintenance and joint use of facilities for recreational
and athletic facilities
c. Resolution 2003-68 – Intergovernmental Agreement relating to Channel 99
5. Discussion regarding placement of signage recognizing the Fountain Hills High School
State Champions.
6. Discussion regarding the East Valley Institute of Technology (EVIT) facility located at the
4 Peaks Elementary School site.
7. Discussion relating to the Town budgeted Fountain Hills School District’s Resource
Officer position.
8. Discussion regarding the Town’s paid use of School buses for summer recreation programs
and other uses.
9. Discussion regarding whether or not regular joint meetings should be established between
the Fountain Hills Town Council and the Fountain Hills Unified School District Board and
at what frequency.
10. Adjournment
DATED this 16th day of February, 2017.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:2/21/2017 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Development Services
Staff Contact Information:Robert Rodgers,Development Services Director,rrodgers@fh.az.gov
REQUEST TO COUNCIL (Agenda Language):
Discussion relating to the possible rezoning and/or sale of surplus vacant Fountain Hills School
District property.
Applicant:NA
Applicant Contact Information:NA
Owner:Fountain Hills Unified School District 98
Owner Contact Information:P.O.Box 18049 Fountain Hills Blvd,Fountain Hills, AZ 85268
Property Location:15680 N.Aspen Drive,Fountain Hills
15516 E. El Lago Blvd,Fountain Hills
12055 N.Arroyo Vista Drive,Fountain Hills
Related Ordinance,Policy or Guiding Principle:
Staff Summary (background):
The Fountain Hills Town Council and the Fountain Hills Unified School District have scheduled a joint
meeting on February 21,2017.
In preparation for the discussion item regarding the three large vacant properties owned by the
School District,Town staff has reviewed each property's zoning status along with it's maximum
potential residential development density under current zoning.It must be noted that the "maximum"
allowable residential density will be very difficult to achieve due to topographic and access limitations
on these properties.A reasonable assumption would be that the achievable density will be about half
the maximum allowed by the zoning district under standard single-family subdivision processes.A
slightly higher density (about 75%)may be possible ifa cluster design concept is used.
Staff has attached information regarding each property's size,zoning and density allowances for your
reference.
Page 1 of 2
Town of Fountain Hills
Staff Presentation
Vacant School District Parcels
Discussion
15516 E. EL LAGO BLVD
12055 N. ARROYO VISTA DRIVE
15680 N. ASPEN DRIVE
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R-2 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/ DU = 4,000 sq ft)
Equivalent to 10 dwellings / acre
R-3 Multi-Family Residential
*Maximum Density in a Commercial Zone
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 3,000 sq ft)
Equivalent to 14 dwellings / acre
R-4 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 2,000 sq ft)
Equivalent to 21 dwellings / acre
R-5 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 1,740 sq ft)
Equivalent to 25 dwellings / acre
M-1 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 5,445 sq ft)
Equivalent to 8 dwellings / acre
M-2 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 4,356 sq ft)
Equivalent to 10 dwellings / acre
M-3 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 3,630 sq ft)
Equivalent to 12 dwellings / acre
Residential District
Comparisons
Process
1. School District decides to sell one or more properties.
A. District decides NO = Stop
B. District decides YES = Continue
1) As is, with current zoning
(Fastest & least costly)
2) Rezoned to a higher residential density allowance
(Public Hearing process, 3 months, minor expenses)
3) Rezoned and conceptually designed for development
(Public Hearing process, 6 months, moderate expenses)
2. School District places sale on the ballot.
A. Voters say NO = Stop
B. Voters say YES = Continue
3. Buyer submits their proposal to the Town for approval.
(Public Hearing process, 6 - 8 months)
C
\^&fc^/
RESOLUTION NO.2003-68
A RESOLUTION OFTHE MAYOR AND COUNCIL OFTHETOWNOF FOUNTAIN
HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 RELATING
TO CHANNEL 99.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS,ARIZONA,as follows:
SECTION 1. That the Intergovernmental Agreement betweenthe Town of Fountain Hillsand
the Fountain Hills Unified School District No.98 relating to Channel 99 (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 take all steps necessary to cause the execution of the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,Arizona,
December 18,2003.
W.J. Nichols,Mayor
REVIEWED BY:
/
A////,-t't^-/i.Sllsl/I {tU-tt
Tim G. Pickering, Town Manager,
9196.001V A2003-68 FHUSD IGA res.doc
12-12-03-1
ATTESTED TO:
Bevelyn J. Bender,^own Clerk
y
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT
AND
THE TOWN OF FOUNTAIN HILLS
_THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into as
of l&L /%2003,between the Town of Fountain Hills,an Arizona municipal corporation
(the "Town") and the Fountain Hills Unified School District, an Arizona school district (the
"District").
RECITALS
A. The Town entered into a cable license agreement with Cox Communications on
April 6,1995 (the "License Agreement") for the purpose of permitting Cox access to the Town's
streets and infrastructure for the purpose of providing cable services to residents of the Town of
Fountain Hills.
B. As part of the License Agreement the Town has access to Cox Cable Channel 99
for purposes of educational programs.
.C.The District has constructed facilities from which it desires to create
v^programming to be placedon Channel99.
D. The Towndesiresto permitthe Districtto control all aspects of programming for
Channel 99.
E. The District is authorized to enter into this Agreement pursuant to Ariz.Rev.
Stat.§15-342.
F. The Town is authorized to enter into this Agreement pursuant to Ariz.Rev.
Stat.§11-952.
AGREEMENT
NOW,THEREFORE,in considerationof the foregoing andthe promisesandcovenants
setforthbelow,the partiesherebyagreeas follows:
1. Term: Termination. This Agreement shall commence upon the date set forth
above and shall remain in full force and effect for a period of one year thereafter. This
Agreement shall automatically renew for successive one-year periods unless,not less than thirty
days prior to the end of the initial term or any extension thereof either party shall give notice to
the otherof its intentnotto renewthis Agreement on the anniversary date thereof.Eitherparty
may terminate this Agreement on thirty days written notice to the other party at the addresses
indicated below.
9196 004\FHUSD IGA doc
12-10-03-1
X^jX
'Nsjgjjjjp/
2.Town's Obligations.The Town shall provide the District with access to Channel
99 and with limited technical assistance to the District or its students with production assistance
forprogrammingto be placedon Channel 99.
3.District Obligations.The District shall:
a. Channel 99 contents. The District shall be responsible for any and all
determinations as to the content of programming to be placed on Channel 99. In making
such determinations,the District hereby agrees that it shall fully comply with any
restrictions upon such programming created by any applicable federal, state or local law,
including but not limited to the Federal Cable Act.
b.Production Responsibilities.The District shall be solely responsible for
presenting tot the Town video material in a form ready for broadcast such that no
significant Town staff time is required to prepare such material for broadcast on Channel
99.
c. Indemnity. To the fullest extent permitted by law, the District shall
defend, indemnify and hold harmless the Town, its agents, representatives, officers,
directors, officials and employees for, from and against all claims, damages, losses and
expenses (including but not limited to attorneys' fees, court costs and the cost of
appellate proceedings)relatingto, arisingout of,or allegedto haveresultedfromthe acts,
errors,mistakes,omissions,work or services of the District,its employees,agents, or any
tier of subcontractors in the performance of this Agreement.District's duty to defend,
hold harmless and indemnify the Town, its agents, representatives, officers, directors,
officialsand employeesshall arise in connectionwith any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or
destruction of property, including loss of use resulting therefrom, caused by any acts,
errors, mistakes,omissions,work or services in the performance of this Agreement of any
employee of the Districtor any tier of subcontractor or any otherpersonfor whoseacts,
errors, mistakes, omissions, work or services the District may be legally liable. The
amount and type of insurance coverage requirements set forth belowwill in no way be
construed as limiting the scope of the indemnity in this Section.
4. Notices and Request. Any notice or other communication required or permitted
to be given underthis Agreement shall be in writing and shall be deemed to have been duly
given if (i)delivered to the party at the address set forth below,(ii)deposited in the U.S.Mail,
registered or certified.Return receipt requested,to the address set forth below (iii)given to a
recognized and reputable overnight delivery service,to the address set forth below or (iv)
deliveredby facsimile transmission to the number set forth below:
If to the Town:Town of Fountain Hills
16836 E.Palisades Boulevard
Fountain Hills,Arizona 85269
Facsimile:480-837-3145
Attn:Tim Pickering,Town Manager
9196 004\FHUSD 1GA doc
12-10-03-1
(^With copy to:Jorden,Bischoff,McGuire &Rose,p.l.c.
7272 E.Indian School Road,Suite 205
Scottsdale,Arizona 85251
Facsimile:480-505-3901
Attn:Andrew J.McGuire,Esq.
Ifto the District:f'aurt/cL/s)/J//h t//?i<Add'^&6to/U&6-
With acopy to:*Je/i/)//)£5 \^7Jm>c/3^4-^&A97<?s7 /fx.£?.
A!0/&uA43^sn£>S7~^£.
or at such other address,and to the attention of such other person or officer,as any party may
designate in writing by notice duly given pursuant to this Section.Notices shall be deemed
received (i)when delivered to the party,(ii)three business days after being placed in the U.S.
Mail,properly addressed,with sufficient postage,(iii)the following business day after being
'(^given to a recognized overnight delivery service,with the person giving the notice paying all
required charges and instructing the delivery service to deliver onthe following business day,or
(iv)when received by facsimile transmission during the normal business hours ofthe recipient.If
a copy of a notice is also given to a party's counsel or other recipient,the provisions above
governing the date on which a notice is deemed to have been received bya party shall mean and
refer to the dateon which the party,andnot its counsel orother recipient to which a copy ofthe
notice maybesent,is deemed tohave received the notice.
5. Severability and Savings. If any part of this Agreement is held to be invalid or
unenforceable,such holding will not affect the validity or enforceability ofany other partof this
Agreement so long as the remainder of the Agreement is reasonably capable of completion
withoutinequity to the party(ies).
6. Entire Agreement.This Agreementcomprisesthe entire agreementof the parties
and supersedes any and all other agreements or understandings,oral and written,whether
previous tothe execution hereofor contemporaneous herewith.
7.Applicable Law.This Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona.
8.Cancellation.The parties hereto acknowledge that this Agreement is subject to
cancellation pursuantto Ariz. Rev.Stat.§38-511.
9196.004\FHUSD IGAdoc
12-10-03-1
IN WITNESS WHEREOF,the Town of Fountain Hills and the Fountain Hills Unified
School District have executed this Agreement as of the date first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,an Arizona,
municipal corporation
;'{^
By:MM./^
W.J.NicholSj^Mayor
ATTEST:
u
Bevelyn J.Bender,/Town Clerk
'District"
FOUNTAIN HILLS UNIFIED SCHOOL
DISTRICT NO. 98, an Arizona school
district
By:no^yoe^
)r.Marian K.Hermie
Superintendent of Schools
In accordance withthe requirements of Ariz.Rev.Stat.§11-952(D),the undersigned attorneys
acknowledge that (i) they have reviewed the above Agreement on behalf of their respective
clients and (ii) as to their respective clients only, each attorney has determined that this
Agreement isin proper form and is within the powers and authority grant€3\ufrcteHhe laws of the
State of Arizona.
9196.004\FHUSD IGA doc
12-11-03-1
Gary L.-Lassen Attorney for the District
Jennings, Strouss &/Salmon,P.L.C.
j i .or
AndrewJ.McGuire,Fountain HillsTown Attorney
z:\council packets\2017\j170221 - joint session fhusd#98\j170221a.docx Page 1 of 2
NOTICE OF THE
JOINT SESSION BETWEEN THE
FOUNTAIN HILLS TOWN COUNCIL
AND
THE FOUNTAIN HILLS UNIFIED SCHOOL
DISTRICT BOARD
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Alan Magazine
Vice Mayor Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
Edith Stock, President
Jill Reed, Vice President Dr. C.T. Wright, Boardmember
Judy Rutkowski, Boardmember Dr. Wendy Miedel Barnard, Boardmember
TIME: 5:30 PM
WHEN: TUESDAY, FEBRUARY 21, 2017
WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council
meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents
have a right to consent before the State or any of its political subdivisions make a video or audio recording of a
minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which
children are present may be subject to such recording. Parents, in order to exercise their rights may either file
written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children
are not present when a recording may be made. If a child is present at the time a recording is made, the Town will
assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
CALL TO ORDER – Mayor Linda M. Kavanagh
z:\council packets\2017\j170221 - joint session fhusd#98\j170221a.docx Page 2 of 2
AGENDA
1. Introduction of attending members by Mayor Kavanagh.
2. Discussion relating to the possible rezoning and sale of surplus vacant Fountain Hills
Unified #98 School District property.
3. Update on the State Trust Land.
4. Discussion relating to intergovernmental agreements between the Town of Fountain Hills
and the Fountain Hills School District.
a. Resolution 2007-26 – Intergovernmental Agreement relating to shared use of
District and Town facilities
b. Resolution 2007-01 – Intergovernmental Agreement relating to construction,
installation, operation, maintenance and joint use of facilities for recreational
and athletic facilities
c. Resolution 2003-68 – Intergovernmental Agreement relating to Channel 99
5. Discussion regarding placement of signage recognizing the Fountain Hills High School
State Champions.
6. Discussion regarding the East Valley Institute of Technology (EVIT) facility located at the
4 Peaks Elementary School site.
7. Discussion relating to the Town budgeted Fountain Hills School District’s Resource
Officer position.
8. Discussion regarding the Town’s paid use of School buses for summer recreation programs
and other uses.
9. Discussion regarding whether or not regular joint meetings should be established between
the Fountain Hills Town Council and the Fountain Hills Unified School District Board and
at what frequency.
10. Adjournment
DATED this 16th day of February, 2017.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:2/21/2017 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Development Services
Staff Contact Information:Robert Rodgers,Development Services Director,rrodgers@fh.az.gov
REQUEST TO COUNCIL (Agenda Language):
Discussion relating to the possible rezoning and/or sale of surplus vacant Fountain Hills School
District property.
Applicant:NA
Applicant Contact Information:NA
Owner:Fountain Hills Unified School District 98
Owner Contact Information:P.O.Box 18049 Fountain Hills Blvd,Fountain Hills, AZ 85268
Property Location:15680 N.Aspen Drive,Fountain Hills
15516 E. El Lago Blvd,Fountain Hills
12055 N.Arroyo Vista Drive,Fountain Hills
Related Ordinance,Policy or Guiding Principle:
Staff Summary (background):
The Fountain Hills Town Council and the Fountain Hills Unified School District have scheduled a joint
meeting on February 21,2017.
In preparation for the discussion item regarding the three large vacant properties owned by the
School District,Town staff has reviewed each property's zoning status along with it's maximum
potential residential development density under current zoning.It must be noted that the "maximum"
allowable residential density will be very difficult to achieve due to topographic and access limitations
on these properties.A reasonable assumption would be that the achievable density will be about half
the maximum allowed by the zoning district under standard single-family subdivision processes.A
slightly higher density (about 75%)may be possible ifa cluster design concept is used.
Staff has attached information regarding each property's size,zoning and density allowances for your
reference.
Page 1 of 2
Town of Fountain Hills
Staff Presentation
Vacant School District Parcels
Discussion
15516 E. EL LAGO BLVD
12055 N. ARROYO VISTA DRIVE
15680 N. ASPEN DRIVE
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R1-6 Single-Family Residential
Minimum Lot Size = 6,000 sq ft
Equivalent to 7.3 dwellings / acre
R1-8 Single-Family Residential
Minimum Lot Size = 8,000 sq ft
Equivalent to 5.4 dwellings / acre
R1-10 Single-Family Residential
Minimum Lot Size = 10,000 sq ft
Equivalent to 4.4 dwellings / acre
R1-18 Single-Family Residential
Minimum Lot Size = 18,000 sq ft
Equivalent to 2.4 dwellings / acre
R1-35 Single-Family Residential
Minimum Lot Size = 35,000 sq ft
Equivalent to 1.2 dwellings / acre
R1-43 Single-Family Residential
Minimum Lot Size = 43,000 sq ft
Equivalent to 1 dwelling / acre
R-2 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/ DU = 4,000 sq ft)
Equivalent to 10 dwellings / acre
R-3 Multi-Family Residential
*Maximum Density in a Commercial Zone
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 3,000 sq ft)
Equivalent to 14 dwellings / acre
R-4 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 2,000 sq ft)
Equivalent to 21 dwellings / acre
R-5 Multi-Family Residential
Minimum Lot Size = 6,000 sq ft
(Min area/DU = 1,740 sq ft)
Equivalent to 25 dwellings / acre
M-1 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 5,445 sq ft)
Equivalent to 8 dwellings / acre
M-2 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 4,356 sq ft)
Equivalent to 10 dwellings / acre
M-3 Multi-Family Residential
Minimum Lot Size = 24,000 sq ft
(Min area/DU = 3,630 sq ft)
Equivalent to 12 dwellings / acre
Residential District
Comparisons
Process
1. School District decides to sell one or more properties.
A. District decides NO = Stop
B. District decides YES = Continue
1) As is, with current zoning
(Fastest & least costly)
2) Rezoned to a higher residential density allowance
(Public Hearing process, 3 months, minor expenses)
3) Rezoned and conceptually designed for development
(Public Hearing process, 6 months, moderate expenses)
2. School District places sale on the ballot.
A. Voters say NO = Stop
B. Voters say YES = Continue
3. Buyer submits their proposal to the Town for approval.
(Public Hearing process, 6 - 8 months)
C
\^&fc^/
RESOLUTION NO.2003-68
A RESOLUTION OFTHE MAYOR AND COUNCIL OFTHETOWNOF FOUNTAIN
HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 RELATING
TO CHANNEL 99.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS,ARIZONA,as follows:
SECTION 1. That the Intergovernmental Agreement betweenthe Town of Fountain Hillsand
the Fountain Hills Unified School District No.98 relating to Channel 99 (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 take all steps necessary to cause the execution of the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,Arizona,
December 18,2003.
W.J. Nichols,Mayor
REVIEWED BY:
/
A////,-t't^-/i.Sllsl/I {tU-tt
Tim G. Pickering, Town Manager,
9196.001V A2003-68 FHUSD IGA res.doc
12-12-03-1
ATTESTED TO:
Bevelyn J. Bender,^own Clerk
y
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT
AND
THE TOWN OF FOUNTAIN HILLS
_THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into as
of l&L /%2003,between the Town of Fountain Hills,an Arizona municipal corporation
(the "Town") and the Fountain Hills Unified School District, an Arizona school district (the
"District").
RECITALS
A. The Town entered into a cable license agreement with Cox Communications on
April 6,1995 (the "License Agreement") for the purpose of permitting Cox access to the Town's
streets and infrastructure for the purpose of providing cable services to residents of the Town of
Fountain Hills.
B. As part of the License Agreement the Town has access to Cox Cable Channel 99
for purposes of educational programs.
.C.The District has constructed facilities from which it desires to create
v^programming to be placedon Channel99.
D. The Towndesiresto permitthe Districtto control all aspects of programming for
Channel 99.
E. The District is authorized to enter into this Agreement pursuant to Ariz.Rev.
Stat.§15-342.
F. The Town is authorized to enter into this Agreement pursuant to Ariz.Rev.
Stat.§11-952.
AGREEMENT
NOW,THEREFORE,in considerationof the foregoing andthe promisesandcovenants
setforthbelow,the partiesherebyagreeas follows:
1. Term: Termination. This Agreement shall commence upon the date set forth
above and shall remain in full force and effect for a period of one year thereafter. This
Agreement shall automatically renew for successive one-year periods unless,not less than thirty
days prior to the end of the initial term or any extension thereof either party shall give notice to
the otherof its intentnotto renewthis Agreement on the anniversary date thereof.Eitherparty
may terminate this Agreement on thirty days written notice to the other party at the addresses
indicated below.
9196 004\FHUSD IGA doc
12-10-03-1
X^jX
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2.Town's Obligations.The Town shall provide the District with access to Channel
99 and with limited technical assistance to the District or its students with production assistance
forprogrammingto be placedon Channel 99.
3.District Obligations.The District shall:
a. Channel 99 contents. The District shall be responsible for any and all
determinations as to the content of programming to be placed on Channel 99. In making
such determinations,the District hereby agrees that it shall fully comply with any
restrictions upon such programming created by any applicable federal, state or local law,
including but not limited to the Federal Cable Act.
b.Production Responsibilities.The District shall be solely responsible for
presenting tot the Town video material in a form ready for broadcast such that no
significant Town staff time is required to prepare such material for broadcast on Channel
99.
c. Indemnity. To the fullest extent permitted by law, the District shall
defend, indemnify and hold harmless the Town, its agents, representatives, officers,
directors, officials and employees for, from and against all claims, damages, losses and
expenses (including but not limited to attorneys' fees, court costs and the cost of
appellate proceedings)relatingto, arisingout of,or allegedto haveresultedfromthe acts,
errors,mistakes,omissions,work or services of the District,its employees,agents, or any
tier of subcontractors in the performance of this Agreement.District's duty to defend,
hold harmless and indemnify the Town, its agents, representatives, officers, directors,
officialsand employeesshall arise in connectionwith any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or
destruction of property, including loss of use resulting therefrom, caused by any acts,
errors, mistakes,omissions,work or services in the performance of this Agreement of any
employee of the Districtor any tier of subcontractor or any otherpersonfor whoseacts,
errors, mistakes, omissions, work or services the District may be legally liable. The
amount and type of insurance coverage requirements set forth belowwill in no way be
construed as limiting the scope of the indemnity in this Section.
4. Notices and Request. Any notice or other communication required or permitted
to be given underthis Agreement shall be in writing and shall be deemed to have been duly
given if (i)delivered to the party at the address set forth below,(ii)deposited in the U.S.Mail,
registered or certified.Return receipt requested,to the address set forth below (iii)given to a
recognized and reputable overnight delivery service,to the address set forth below or (iv)
deliveredby facsimile transmission to the number set forth below:
If to the Town:Town of Fountain Hills
16836 E.Palisades Boulevard
Fountain Hills,Arizona 85269
Facsimile:480-837-3145
Attn:Tim Pickering,Town Manager
9196 004\FHUSD 1GA doc
12-10-03-1
(^With copy to:Jorden,Bischoff,McGuire &Rose,p.l.c.
7272 E.Indian School Road,Suite 205
Scottsdale,Arizona 85251
Facsimile:480-505-3901
Attn:Andrew J.McGuire,Esq.
Ifto the District:f'aurt/cL/s)/J//h t//?i<Add'^&6to/U&6-
With acopy to:*Je/i/)//)£5 \^7Jm>c/3^4-^&A97<?s7 /fx.£?.
A!0/&uA43^sn£>S7~^£.
or at such other address,and to the attention of such other person or officer,as any party may
designate in writing by notice duly given pursuant to this Section.Notices shall be deemed
received (i)when delivered to the party,(ii)three business days after being placed in the U.S.
Mail,properly addressed,with sufficient postage,(iii)the following business day after being
'(^given to a recognized overnight delivery service,with the person giving the notice paying all
required charges and instructing the delivery service to deliver onthe following business day,or
(iv)when received by facsimile transmission during the normal business hours ofthe recipient.If
a copy of a notice is also given to a party's counsel or other recipient,the provisions above
governing the date on which a notice is deemed to have been received bya party shall mean and
refer to the dateon which the party,andnot its counsel orother recipient to which a copy ofthe
notice maybesent,is deemed tohave received the notice.
5. Severability and Savings. If any part of this Agreement is held to be invalid or
unenforceable,such holding will not affect the validity or enforceability ofany other partof this
Agreement so long as the remainder of the Agreement is reasonably capable of completion
withoutinequity to the party(ies).
6. Entire Agreement.This Agreementcomprisesthe entire agreementof the parties
and supersedes any and all other agreements or understandings,oral and written,whether
previous tothe execution hereofor contemporaneous herewith.
7.Applicable Law.This Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona.
8.Cancellation.The parties hereto acknowledge that this Agreement is subject to
cancellation pursuantto Ariz. Rev.Stat.§38-511.
9196.004\FHUSD IGAdoc
12-10-03-1
IN WITNESS WHEREOF,the Town of Fountain Hills and the Fountain Hills Unified
School District have executed this Agreement as of the date first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,an Arizona,
municipal corporation
;'{^
By:MM./^
W.J.NicholSj^Mayor
ATTEST:
u
Bevelyn J.Bender,/Town Clerk
'District"
FOUNTAIN HILLS UNIFIED SCHOOL
DISTRICT NO. 98, an Arizona school
district
By:no^yoe^
)r.Marian K.Hermie
Superintendent of Schools
In accordance withthe requirements of Ariz.Rev.Stat.§11-952(D),the undersigned attorneys
acknowledge that (i) they have reviewed the above Agreement on behalf of their respective
clients and (ii) as to their respective clients only, each attorney has determined that this
Agreement isin proper form and is within the powers and authority grant€3\ufrcteHhe laws of the
State of Arizona.
9196.004\FHUSD IGA doc
12-11-03-1
Gary L.-Lassen Attorney for the District
Jennings, Strouss &/Salmon,P.L.C.
j i .or
AndrewJ.McGuire,Fountain HillsTown Attorney