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HomeMy WebLinkAbout170221P 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 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. 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 '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 '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