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Home My WebLink About01.20.2005REVISED Document in 1-20-05.obd Page 1 of 3 Last printed 1/20/2005 10:19 AM NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilwoman Kathleen Nicola Councilman Ed Kehe Councilman Jay Schlum DATE: THURSDAY, JANUARY 20, 2005 TIME: 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER – Mayor Nichols REVISED Document in 1-20-05.obd Page 2 of 3 Last printed 1/20/2005 10:19 AM 1. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.3, For discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, legal advice regarding the Urban Lands Act.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Don Lawrence, Christ’s Church of Fountain Hills • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCE/PRESENTATION – Mayor Nichols will read the following proclamations: (i) declaring Wednesday, January 26, 2005, as “Get to Know Our Town Day”, (ii) declaring February 2005, as “Rotary International Month”, and (iii) declaring that beginning in 2005, the annual event of the Pony Express Days Celebration, will be held the first week of February. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 6, 2005. *2.) CONSIDERATION of RESOLUTION 2005-01, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 10, Block 2, Plat 601B (15820 N Ponderosa Drive) as recorded in Book 166 of Maps, Page 31, Records of Maricopa County, Arizona. EA04-27 (Lewis/Bugniazet). *3.) CONSIDERATION of RESOLUTION 2005-02, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 30, Block 9, Plat 111 (16214 E. Stancrest Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-28 (Calkins). *4.) CONSIDERATION of RESOLUTION 2005-03, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easements located at the northerly property lines of Lot 5 of Parcel 12 (12545 N. Saguaro Blvd.) as recorded in Book 579 of Maps, Page 40, Records of Maricopa County, Arizona. EA04-29 (Suozzi). *5.) CONSIDERATION of RESOLUTION 2005-04, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 14, Block 5, Plat 603C (15810 E. Sycamore Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA04-30 (Lambeau). *6.) CONSIDERATION of RESOLUTION 2005-05, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located on the REVISED Document in 1-20-05.obd Page 3 of 3 Last printed 1/20/2005 10:19 AM 5 min common property line of Lots 1 and 15, Block 4, Plat 102 (La Montana Drive and Hamilton Drive) as recorded in Book 142 of Maps, Page 12, Records of Maricopa County, Arizona, with stipulation. EA04-31 (Villas of La Montana LLC). *7.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Hamilton Villas Condominiums”, a four-unit condominium project located at 13627 N. “Hamilton Drive, aka Final Plat 102, Block 5, Lot 4. Case #S2004-31. *8.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "A & S Condominiums”, A Condominium" a two-unit condominium project located at 12013 N. Lamont Drive, aka Final Plat 201, Block 1, Lot 7. Case #S2004-32. *9.) CONSIDERATION of RESOLUTION 2005-09, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly and northerly property lines of Plat 603C, Block 2, Lot 42 (15740 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA04-32 (Nash). *10.) CONSIDERATION of RESOLUTION 2005-10, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 111, Block 5, Lot 17 (13862 E. Hamilton Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-33 (Bridges). *11.) CONSIDERATION of ratifying the AGREEMENT between the “Town of Fountain Hills and EN at Fountain Hills, LLC” for reimbursement of construction costs for the public facilities adjacent to the planned Ranch House in the Eagles Nest subdivision. *12.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Fountain Mist Villas Condominiums”, a 16-unit multi-family condominium subdivision, and modification of a portion of the existing hillside protection easement. Case #S2003-07. REGULAR AGENDA 10 min 13.) CONSIDERATION of a SPECIAL USE PERMIT to exempt columbaria construction from the land disturbance regulations of the Zoning Ordinance for the Shepherd of the Hills Lutheran Church, located at 16150 E. El Lago Blvd., Case #SU2004-05. 20 min 14.) CONSIDERATION of approving the CONTRACT with Blackerby Associates for facilitation of the Strategic Planning Project. 5 min 15.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE 17.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 7:20 PM 18.) ADJOURNMENT. DATED this 19th day of January, 2005 ___________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- 800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Town of Fountain Hills Proclamation Office of the Mayor Whereas, the active participation of an informed citizenry is the single most important factor in the continued well being of local, state, and national government; and Whereas, in the words of President Grover Cleveland upon accepting the nomination for Governor of New York, “Public officers are the servants and agents of the people, to execute the laws which the people have made;” and Whereas, according to Thomas Jefferson, “If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be;” and Whereas, the Town of Fountain Hills, functioning as a government by the people, is dependant on informed, thoughtful citizens for the formulation of its laws and establishment of its policies through the election of its officers; and Whereas, the Fountain Hills Civic Association, one of the premier organizations in Fountain Hills, from its founding in 1973, has been committed to promoting activities that will preserve and enhance the civic, cultural, economic, environmental and social qualities of life in our town; and Whereas, the Civic Association in partnership with the Town of Fountain Hills government is sponsoring the “Our Town” public information program to update long-time citizens on town affairs, introduce new residents to town government and provide all with the opportunity to get to know key staff people; and Whereas, the “Our Town” program occurs on Wednesday, January 26, 2005; Now, therefore, I Wally Nichols, Mayor of the Town of Fountain Hills, Arizona, hereby declare January 26, 2005, to be: “Get to Know ‘Our Town’ Day” Signed this 20th day of January, 2005 S:/Wally Nichols Wally Nichols, Mayor, Fountain Hills, Arizona Attest: S:/Bevelyn Bender, Town Clerk TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the creation of the Rotary Centennial Splash Pad has been established as a high priority of the Town of Fountain Hills and its citizens; and WHEREAS, it is the desire of the Town of Fountain Hills to celebrate the addition of this new park amenity; and WHEREAS, the Fountain Hills Rotary, Four Peaks Rotary and the Rotary Foundation have volunteered countless hours and contributed significant financial resources toward the Splash Pad; and WHEREAS, it is also the intent of the Town of Fountain Hills to recognize Rotary International and the Rotary Centennial on February 23rd, 2005; NOW, THEREFORE, I, Wally Nichols, Mayor of the Town of Fountain Hills, Arizona, do hereby declare the month of February 2005 as: “ROTARY INTERNATIONAL MONTH” in Fountain Hills and call upon all citizens to take a moment during the month to thank our local Rotary Clubs for their latest contribution to the community, the Rotary Centennial Splash Pad. S:/Wallace J. Nichols, Mayor ATTEST: S:/Bevelyn J. Bender, Town Clerk TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR Whereas, the Pony Express played a particularly important and colorful part in the history of the West dating back between 1860 and 1861, And Whereas, each year the Pony Express riders are remembered with a commemorative ride by the members of the Hashknife Gang traveling from Holbrook to Scottsdale, with Fountain Hills being the next to last stop on their trek, Now, Therefore, the Town of Fountain Hills hereby proclaims the annual Pony Express Days Celebration will be held each year during the first week of February beginning in 2005. All town residents and visitors, and residents and visitors of surrounding areas, are invited to join in the festivities and dress western to commemorate this part of our history in the West. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 20th day of January, 2005. S:/Wallace J. Nichols, Mayor S:/Bevelyn J. Bender, Town Clerk Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: January 20, 2005 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: 1-6-05 Draft Minutes Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of approving the Town Council meeting minutes of January 6, 2005. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the draft minutes for archival purposes. List All Attachments as Follows: Draft minutes Type(s) of Presentation: None Signatures of Submitting Staff: S:/Bevelyn J. Bender _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) Thomas Ward, Acting Town Manager Town Manager / Designee DRAFT Document in 1-20-05.obd Page 2 of 11 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 6, 2005 Mayor Nichols called the meeting to order at 5:00 p.m. AGENDA ITEM #1 – VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.4, (i) FOR: DISCUSSIONS OR CONSULTATIONS WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT THE ATTORNEYS REGARDING THE PUBLIC BODY’S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (Specifically, a refund claim by a taxpayer and 562502 Ontario, Inc. v. Town of Fountain Hills.) Vice Mayor Archambault MOVED to convene the Executive Session and Councilman Schlum SECONDED the motion, which CARRIED UNANIMOUSLY. (7 to 0). Councilman Kehe MOVED to recess the Executive Session at 6:14 p.m. and Councilwoman Nicola SECONDED the motion, which CARRIED UNANIMOUSLY. (7 to 0). AGENDA ITEM #2 – RETURN TO REGULAR SESSION Mayor Nichols convened the Regular Session of the Town Council at 6:14 p.m. following the Special Session of the Eagle Mountain Community Facilities District Board. Cantor Howard Tabaknek, Temple Beth Hagivot gave the invocation, which was followed by the roll call. ROLL CALL – Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman Kehe, Councilwoman Nicola, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Accounting Supervisor Julie Ghetti, Senior Planner Dana Burkhardt, Downtown Economic Development Coordinator Gracie Burton, and Town Clerk Bev Bender were also present. CALL TO THE PUBLIC Town Clerk Bev Bender advised that no requests to speak had been submitted. CONSENT AGENDA Mayor Nichols read the following consent agenda items: AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE MEETING MINUTES OF 12/16/2004. AGENDA ITEM #2 – CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE AMERICAN LEGION POST #58 FOR PONY EXPRESS DAY ON FEBRUARY 3, 2005 FROM NOON UNTIL 6:00 P.M. AGENDA ITEM #3 – CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION SUBMITTED BY MATILDA SALAZAR FOR TERRY NOSTRA ITALIAN DRAFT Document in 1-20-05.obd Page 3 of 11 CAFÉ LOCATED AT 16740 E. PALISADES BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 LICENSE. AGENDA ITEM #4 – CONSIDERATION OF RESOLUTION 2005-06, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF THE 1’ VEHICULAR NON-ACCESS EASEMENT LOCATED AT THE EASTERLY PROPERTY LINE OF LOT 34C, BLOCK 2, PLAT 505A. NVAE 04-03. AGENDA ITEM #5 – CONSIDERATION OF RESOLUTION 2005-07, WHICH WOULD ABANDON THE FINAL REPLAT OF LOTS 12 AND 13, EAGLE MOUNTAIN PARCEL 5 (A LOT JOIN), AND REVERT BACK TO THE ORIGINAL TWO-LOT CONFIGURATION OF EAGLE MOUNTAIN PARCEL 5 FINAL PLAT, LOTS 12 AND 13. (CASE #S-2004-30.) AGENDA ITEM #6 – CONSIDERATION OF RESOLUTION 2005-08, GRANTING AN EASEMENT TO THE SANITARY DISTRICT FOR THE CIVIC CENTER II PROJECT. AGENDA ITEM #7 – CONSIDERATION OF RETAINING TITUS, BRUECKNER AND BERRY AND JORDAN AND ROSEBROUGH AS LITIGATION COUNSEL. Vice Mayor Archambault MOVED to approve the Consent Agenda as read and Councilman Kavanagh SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Nicola Aye Mayor Nichols Aye Councilman Kavanagh Aye Councilman Schlum Aye Councilman Kehe Aye Councilman McMahan Aye Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY (7 to 0). AGENDA ITEM #8 – PRESENTATION OF THE TOWN OF FOUNTAIN HILLS’ COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY THE INDEPENDENT AUDIT FIRM, CRONSTROM AND TRBOVICH. Town Manager Tim Pickering said that Accounting Supervisor Julie Ghetti would introduce the Town’s auditor but first he wanted to express his appreciation to Julie and her staff as well as the auditors. He commented on the extensive work that went into preparing the report and said they did an excellent job. Ms. Ghetti said she was pleased to present the Annual Financial Report for the fiscal year ending June 30, 2004. She introduced Mr. Dennis Osuch from the firm of Cronstrom & Trbovich, the Town’s external auditors. She expressed her appreciation to the Council, management, and staff for their hard work, which resulted in a positive variance of $1 million at the year’s end. Mr. Osuch said that his firm issued an unqualified opinion on the report and noted that this was the fifteenth year that the Town has received an unqualified opinion, which meant that the statements were in conformity with generally accepted accounting principles. He added that they had no reportable conditions (i.e. no major findings that would affect the internal control of the Town of Fountain Hills). He explained that the focus of the financial statements were really on a government-wide statement and noted that within the Comprehensive Annual Financial Report were the government-wide statements that DRAFT Document in 1-20-05.obd Page 4 of 11 were presented on a full accrual basis and were separated into one column (all governmental funds including the General Fund, Special Revenues, Debt Service and any Capital Project funds). He said that behind that were the fund financial statements that were presented on a modified accrual basis, the old method of presenting the financial statements, with the focus being on major funds that had to meet certain criteria in order to be presented. He noted that they were presented separately with all of the other non-major funds presented in one column. Mr. Osuch reported that during the fiscal year the Town presented $25.7 million in net assets, which was on the government-wide statements, and 43% of those net assets were for the investment in capital assets net of any related debt. He stated that the 43% could not be used to liquidate any type of liabilities because it was an investment in capital assets. He added that on the fund side, the modified accrual basis, the funds presented a $12.8 million fund balance at the end of the year, 6.3% of which was attributed to the General Fund. He said that the report was issued to the Auditor General along with the Annual Expenditure Limitation Report and an Unqualified Opinion on the Annual Expenditure Limitation Report that says the Town did not exceed the limit set by the State for expenditures for the year. He added that the information was also submitted to the GFOA (Government Finance Officer’s Association) for an award for financial presentation. He pointed out the in the Fiscal Year ending June 30, 2003, the Town received that award and said he expected they would receive it again this year. Councilwoman Nicola commented that the audit they did through the District and this audit were not as in-depth as the audit that they saw at the last meeting. Mr. Osuch said that the audit was a little different because it included all of the other funds of the Town but stated that it was still in-depth and they looked closely at the numbers. Mayor Nichols commended Ms. Ghetti and Town staff for achieving 15 years of unqualified statements and explained to anyone not familiar with the terminology that a qualified statement was a “bad thing”. He also thanked Mr. Osuch and his firm for their excellent work. AGENDA ITEM #9– PRESENTATION BY THE DOWNTOWN ECONOMIC DEVELOPMENT COORDINATOR ON DOWNTOWN ECONOMIC DEVELOPMENT. Downtown Economic Development Coordinator Gracie Burton addressed the Council and provided a brief overview of the Town’s formal program that was established in April. Ms. Burton advised that the direction given to her regarding economic development was to “find her way around Fountain Hills and develop a working relationship with existing businesses, the Chamber of Commerce, Downtown Associations, Realtors and the general public, the community of Fountain Hills.” She said she was also directed to develop a business retention and expansion program, which was approximately 40% complete. She stated that the program’s due date was April 1st to implement the Avenue of the Fountains and to have an on-going plan in place. She said the Council would review the plan in the near future, possibly at the next meeting. She also noted that she was charged with the responsibility of developing a commercial/industrial land availability database to advise potential businesses of the land that was available in the Town for purchase and/or lease. She reported that the database was approximately 99% complete and it was a tool she intended to use in carrying out her job and the realtors were anxious to have this information. Ms. Burton informed the Council that she was directed to develop a downtown coalition and said that process began with something as simple as a sidewalk sale, which provided an opportunity for the downtown businesses to open a line of communication with each other and build a coalition between not just the Avenue of the Fountains, but the other outlying business areas as well. She discussed the implementation of the Farmer’s Market that has been fairly successful and noted that it no longer competed with Christmas events on Friday evenings. She stated that in an effort to get to know all of the Town’s businesses, she had mailed 400 individual letters to every business in the Town and received 180 responses. DRAFT Document in 1-20-05.obd Page 5 of 11 Ms. Burton also discussed the Avenue of the Fountains enhancement project and said the Town received 8 good responses from their RFP and short-listed 3. She said that the report was incorrect in stating that they would be presented this evening and clarified that staff was fine tuning the list and would present their findings in the near future. She also commented on marketing strategies and noted that the Scottsdale Magazine participated with the Town at no expense to the Town and published a six-page spread in the October issue. She said it was a very nice article and she was proud to be a part of the process. She added that she had put together a demographic fact book that they provided to developers and stated that the nice part about it was that it was tailor made to meet each individual request. Ms. Burton informed the Council that the Holiday Inn was due to break ground in January and the potential for a 12-acre mixed-use development existed on the Avenue of the Fountains. She said more information would be available in the future. She noted that she was also working with Qwest on an infrastructure assessment for technology development and said she expected to have the mapping of the community showing what infrastructure was in the ground within thirty days. She added that a large printing corporation is relocating to Fountain Hills from California and would employ 15 to 30 employees. She noted that they chose Fountain Hills because of the lifestyle enjoyed in the Town. Councilman McMahan asked where the printing company would be located and Ms. Burton responded that it would be on Fountain Drive. Councilman McMahan spoke in support of the project. Vice Mayor Archambault asked Ms. Burton what her objectives were for the upcoming year and she said she believed the Town had the opportunity to rethink its marketing strategies and possibly obtain a partner to help afford marketing efforts. She expressed the opinion that Fountain Hills had finally grown into itself for time and land values and with the Mayo Clinic expansion, she believed that an abundance of opportunities existed. Mayor Nichols thanked Ms. Burton for her update. AGENDA ITEM #10– DISCUSSION AND CONSIDERATION OF INITIATING AN AMENDMENT TO THE OFFICIAL ZONING DISTRICTS MAP OF FOUNTAIN HILLS, TO REZONE THE TOWN OWNED PORTIONS OF THE MCDOWELL MOUNTAIN PRESERVE FROM THE R1-43 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO OPEN SPACE ZONING DISTRICT. (CASE Z2004-09.) Senior Planner Dana Burkhardt addressed the Council regarding this agenda item and said that the request was to initiate the rezoning process for the Mountain Preserve land. He stated that the Council would not take any formal action at this time; they were merely directing staff to proceed with the rezoning process. He added that public notification would take place and an ordinance as well as technical documents would be prepared and presented to the Planning & Zoning Commission for their review and recommendation to the Council. Mr. Burkhardt referred to slides depicting the property and outlined the existing infrastructure. He said that a 69 kv electric overhead power line (SRP easement) existed on the right hand corner of the site and added that the jeep trail had a proposed water line to provide a water loop and connection between Adero Canyon, which is to the south of the preserve, and Eagles Nest, on the north side of the preserve. He noted that emergency access over the jeep trail also existed and there were three reservoir sites, two of which were being developed or would be developed in the future. He added that there was also a small water line loop that would connect to the trailhead from one of the subdivisions to provide water service. Mr. Burkhardt commented that staff recommended the “OSR” (Open Space Designation) zoning designation rather than “OSC” (Open Space Conservation) because “OSR” zoning designation prohibited all building structures and restricted land uses to undeveloped natural land and trails. He said that the existing infrastructure, access easements and the proposed trailhead structures were prohibited in the DRAFT Document in 1-20-05.obd Page 6 of 11 “OSC” zoning district and added that the “OSR” zoning designation was consistent with the General Plan Land Use designation for preserve property. He spoke against the creation of legal non-conforming uses, particularly within a conservation type of district and said the “OSR” essentially permitted the types of uses proposed for the property and that existed on the property. He noted that in the future there might be some unforeseen improvements needed to the utilities, technology might change, etc., and spoke in opposition to “spot zoning”. Mr. Burkhardt added that in addition to recommending the “OSR” zoning designation, staff also recommended bringing forward a Hillside Protection Easement tailored to the preserve to exclude areas where there were existing utility easements, to preserve all undisturbed property. Town Clerk Bev Bender said that Roy Kinsey would like to address the Council. Roy Kinsey, 17120 E. Fairway Court Mr. Kinsey, Chairman of the McDowell Mountains Preservation Commission, said that his comments this evening would be made at the request of the Commission. He stated that approval of the Master Plan for Fountain Hills by the Council last September included recognition of the need to rezone the land (R1-43). He added that it also designated “OSC” in the Town’s Master Plan. He said that the Commission requested the Council’s approval to initiate the rezoning process and, as part of that process, the Commission had invited Town staff to meet with them on January 18th at 5:00 p.m. to discuss the alternate opinions and options that had been considered in order to ensure the long-term protection of the preserve area. He added that inherent in the Commission’s concern was the assurance that the final definition of zoning recognizes the basic need to maintain the understanding that the area was a preserve, not a park. He stated that rezoning should establish the most positive defense from any intrusion or alternate uses within the area. Mayor Nichols thanked Mr. Kinsey for his comments. Councilman Schlum said it sounded as though the McDowell Mountains Preservation Commission wanted to discuss this with staff and perhaps recommend “OSC” rather than “OSR” zoning. Mr. Kinsey clarified that that was not the case and said he met with staff earlier this week and said the result was staff’s recommendation for a Hillside Protection Overlay, which would essentially act in the same capacity as the “OSC”. He said if they read the ordinance for the Town, and what “OSR” and “OSR” zoning districts were, it prevented them from living within what had already been planned for the preserve in terms of the trailhead completion, etc. He said the “kicker” was putting the Hillside Protection Ordinance in on top of it and said that as long as that served as a good defense against any long term possibilities of intrusion, changes, it should work. He added that the meeting between the Commission and staff would provide staff the opportunity to reiterate that and allow them to pose additional questions. Councilwoman Nicola commented on the difference between “OSC” and “OSR” and said she had a concern about a golf course being an allowed use under “OSR” zoning. She asked whether the Hillside Protection Easement would prohibit future Councils from making another change and whether a deed restriction could be placed on the property. Mr. Burkhardt commented that future Council’s would have the right to oppose or retract a deed restriction as well as any zoning change or anything else. He said it was impossible to guarantee 100% that something would not change but he pointed out that it had been the intent of the General Plan to preserve this land as open space and he felt comfortable that it would remain that way. Councilman Kehe expressed the opinion that the Council had a historical opportunity to do the right thing. He added that they had an obligation to protect the property for future untold generations. He said DRAFT Document in 1-20-05.obd Page 7 of 11 he was a little uneasy with the “OSR” designation because it seemed to him that it would permit a lot of things that they did not necessarily want in the preserve. He stated that he was a little less obligated to protect the rights of what future utility companies might want to do. He was more concerned about protecting the property from intrusion. He requested that staff discuss a little bit more why they could not designate the land “OSC” with exemptions for facilities that already existed. He also asked staff to explain how the overlay would achieve the same result as “Open Space Conservation”. Mr. Burkhardt responded to Councilman Kehe’s questions and said as far as the overlay, it was not really an overlay, it was an actual easement that the Town had title to and prescribed that only trails could be located within the Hillside Protection Easement (HPE). He added that an HPE and “OSR” was the same mechanism used throughout the Town to preserve property and noted that that included private property. He advised that to date there had not been any challenge to a HPE or any easements located throughout Town. He also responded to Councilman Kehe’s first question and stated that he would like to see a “OSC” PUD that allowed existing infrastructure and utilities and provided flexibility to do what they wanted to in the future as far as trailhead improvements, etc., but said it was just not a “clean way” to do things. There was no negotiation being made for a PUD and generally that was when exceptions were granted to a zoning district. He reiterated that there was no planned PUD for the area. Councilman Kehe said it was his understanding that staff decided to move the water tower from outside the preserve to within the preserve. He stated that if that was true, he wanted to prevent that type of thing from reoccurring in the future. He explained that he was looking for the best mechanism to keep the preserve a preserve. Mr. Burkhardt responded that he was not aware of the water tower being moved and said that he would look into the matter and report his findings. Vice Mayor Archambault commented that it was mentioned they should look for the best mechanism they had and said the best mechanism they had was the fact that the Town owned the property. He stated that they were going to be the ones who determined what happened with the property. He added that he did not have a problem with “OSR,” he thought he would have more of a problem if it was Hillside Protection on a private property because the “OSR” zoning, if it didn’t have the Hillside Protection, would allow something like a golf course or open recreation. He expressed the opinion that it fit perfectly with what they needed to do for the preserve. They wanted it to be open recreation; they wanted trailheads and other recreation for that area. He added that they might want to build an additional water station or a stop and weigh station in the middle of it and the availability was important. He noted that they were controlling their own destiny. Mayor Nichols asked whether staff had adequate direction from the Council. Town Attorney Andrew McGuire requested that the Council make a motion to avoid confusion. Councilman Kehe MOVED to direct staff to initiate the process of rezoning the mountain preserve from R1-43 to an Open Space designation after consultation with the Mountain Preservation Commission. Councilman Schlum SECONDED the motion. Councilman Kavanagh asked whether the motion was specific enough and Mr. McGuire responded that he believes it was clear that they were going to an open space designation and said the direction they needed was which open space designation they would like staff to move forward with. Mayor Nichols asked if Councilman Kehe would like to revise his motion. Councilman Kehe MOVED to direct staff to initiate an “OSC” zoning designation and Councilwoman Nicola SECONDED the motion. DRAFT Document in 1-20-05.obd Page 8 of 11 Councilman Kavanagh MOVED to amend the motion to “OSR” as per the recommendation of the McDowell Mountain Preservation Commission and staff’s recommendation. Councilman Schlum SECONDED the motion. Councilman Schlum said he was confident that staff would work with the Commission and others in an effort to come back through the Planning & Zoning Commission with a good recommendation and a clear understanding of why they wanted to have one designation over another. He added that apparently the “OSC” appears to be too restrictive to facilitate the trailhead, hiking, etc. and said he favored the “OSR” zoning designation. Councilwoman Nicola stated that she was sure that staff had looked at how Scottsdale handled this situation on the other side of the mountains and said as they moved forward she would be interested in learning how Scottsdale had handled this issue. She added that perhaps they could learn something instead of reinventing the wheel. Councilman McMahan commented that he would like to receive more input from the McDowell Mountains Preservation Commission. Councilman Kehe stated that there seemed to still be some confusion as to conservation that was a preserve and recreation and asked for clarification from Mr. Kinsey. He noted that a statement was made that seemed to imply that recreation was trails and hiking. Mr. Kinsey responded that the Town ordinance that defined the “OSC” zoning designation clearly stated that the only thing actually allowed was trails and that was the only recognized permitted use in the preserve. He added that in the definition for “OSR” there were a considerable series of statements aimed at protecting land but allowing such things as parks and other amenities that were so designated. He said that the Commission felt that it was very important to maintain the distinction between a preserve and a park. He added that they might obtain some assistance from the Town Attorney as to the restrictions that the Hillside Ordinance provided versus the restrictions on “OSC”. Mr. McGuire noted that the Town had historically used the Hillside Protection Easement as a mechanism to essentially get what would be an “OSC” zone over portions of private property to preserve a chunk of the land that was being developed for a home site in a hillside protection area. He said that was used short of rezoning portions of lots that they could not do. He added that the “OSC” zone was the zoning equivalent of the HPE and allowed a physical zone change to the property that did the same thing as the overlay or the HPE. He commented that Dana had creatively found a way to make sure they could have the amenities the Town planned to have in the trailhead under an “OSR” category and carve out in all the other areas where they knew they did not want to put anything, an HPE to cover everything else. He noted that it would be the same as if the Town were going to abandon an HPE, the same actions would be required to abandon “OSC” zoning, the same public input would have to occur in order for the Council to take action. He said the effective nature of it was to allow them to customize how the “OSR” was placed on the land so that there were extra restrictions on the portions they knew they were not going to use for something else. Councilwoman Nicola asked whether utility easements were allowed through HPE’s. Mr. Burkhardt stated that drainage easements were allowed but utility easements were not. She also questioned whether the Town currently had land zoned “OSC” and Mr. Burkhardt responded that they did not. She asked why they could not amend the zoning ordinance to allow utility easements along with trails as an allowable use in “OSC”. Mr. Burkhardt commented that staff alluded to this earlier and added that the initial intention of adopting and implementing an “OSC” zoning designation was in the event the Town had complete, “virgin open space” native land that never had been disturbed, to make that a conservation area. He added that conservation areas did not have any infrastructure or man made impacts on them aside from trails. He said if they got into similar situations in negotiations as they did with Eagles Nest DRAFT Document in 1-20-05.obd Page 9 of 11 and MCO properties regarding the State land and there were easements existing within an “OSR” “OSC” zoning district, the precedent was set at that point and it would open up a door for development. He expressed the opinion that “OSC” truly meant conservation land. Councilwoman Nicola asked what land would be zoned “OSC” and Mr. Burkhardt said he believed if the Town annexed property in the future, the State land, there had been interest expressed in conserving portions of that. Vice Mayor Archambault asked how they were handling the washes, since they were not allowed to disturb them. He questioned whether it was through an ordinance. Mr. Burkhardt advised that the Town Code addressed this matter. The Vice Mayor commented on the fact that not too long ago they were told that they couldn’t run utility lines through a wash or develop a trailhead and asked whether that was “OSC” zoning. Mr. McGuire explained that it was a “beast of a different color” and stated that the ordinance was actually an initiative brought forward by the voters, “the wash initiative,” that said there would be no development within Town washes without a vote of the people. He added that it was not necessarily the “OSR” that might be in place on top of it, it was the implementation of the wash ordinance that really was the “kicker”. Councilman Kavanagh noted that anything could be changed by four votes of the Council and said it seemed to him that since there was no way to stop future Council’s actions they could not even see ever occurring, it made sense to follow the recommendation of the McDowell Mountains Preservation Commission and staff and appropriately zone the property. He noted that it was not just going to be a trail; it was going to be a trailhead, used for recreational purposes. He added that that was one of the big selling points of spending the money to purchase the land. He stated that they should zone it the way it was meant to be zoned. He commented that variances were fine but they happened after something was zoned and an unusual situation occurred, which was not the case here. He said they knew exactly what they wanted to do with it and “OSR” is the appropriate zoning for the land. He added that to not do that set a precedent that they did not follow their own zoning and probably jeopardize future development. He noted that it appropriately labeled the property. Councilman Kehe reiterated that there was some confusion regarding recreation and preserve. He said a preserve did permit what had been defined as recreation. Councilman Kavanagh pointed out that the trailhead was the issue and if they wanted the trailhead they had to go “OSR” to be true to the Code. Councilman Kehe expressed the opinion that the whole goal was to not make it easy along the way to change the zoning because they did not know what would happen in the future. He added that the ideal situation was to make it as complex an issue to change as possible. His goal was to make change a challenge. Councilman Kavanagh asked whether there would be any increased difficulty in reverting from “OSR” to “OSC”. Mr. McGuire responded that either zone could be changed. He noted that they started the discussion by questioning whether they could tailor “OSC” to what they needed it to be knowing what they had coming up and that became “OSR” with a couple of changes. He said that really was not what they wanted “OSC” to become, they wanted to leave it intact. He added that they went on to discuss how they would address all of the legal non-conforming uses that would become legal non-conforming upon the day of adoption and they were comfortable that they would have some of those but the one they couldn’t get around was how to carve out the trailhead and any other trail improvements they wanted to do up there that might not be just a trail. He pointed out that the Vice Mayor said there might be some very small piece of some shelter or some water stop that they want to construct and with “OSC” they could not do it. He noted that that was why staff and McDowell Mountain Preservation Chair Kinsey had come up with the current proposal. DRAFT Document in 1-20-05.obd Page 10 of 11 Councilman Kavanagh asked if they went “OSC” whether that would make it more difficult for a reversal to occur in the future as opposed to going “OSR.” Mr. McGuire said it would still depend on the next four votes. The next Council could have a different opinion on the matter and the only difference between future legislative wisdom and this Council’s was whether the people agreed. Councilwoman Nicola asked why they couldn’t identify certain areas of the parcel as typical and highest/best use of “OSC,” set some areas aside just for conservation and replat the area identifying areas that were more suitable given the future use or current use as “OSR.” She questioned why they had to paint the whole picture with one brush. Mr. McGuire responded that the Council could replat the Mountain Preserve area into discreet parcels and then rezone the parcels as they saw fit. He said it was merely just a question of staff’s time and effort, to take it in as either one zone or another and not try and carve it up that way. He stated that it was an administrative function, not that it necessarily had legal impediments. Vice Mayor Archambault said he believed Mr. Burkhardt said they could do that and if they zoned it “OSC” or “OSR”, they were still doing it with a broad brush and could achieve the same thing with HPE. He stated that HPE would be overlaid in the areas they wanted to protect and it would work the same as an “OSC” designation. Mr. Burkhardt concurred with the Vice Mayor’s comments. Mr. Burkhardt added that if they were to carve out the utility areas and make those “OSR” so that they could continue to function as they were, there would be minimal parcels all over the area. He noted that one of the requirements for “OSR” was that the parcels be a minimum of five acres in size. In response to a request from the Mayor, Ms. Bender read the amendment. Ms. Bender stated that the amendment directed staff to pursue the process of rezoning to preserve from R1-43 to “OSR” with the HPE overlay following further discussion with the McDowell Mountain Preservation Commission. The amendment CARRIED BY MAJORITY VOTE (6 to 1) with Councilman Kehe voting Nay. The amended motion CARRIED UNANIMOUSLY (7 to 0). AGENDA ITEM #11 COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. There was no discussion relative to this agenda item. AGENDA ITEM #12 COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: NONE. There was no discussion relative to this agenda item. AGENDA ITEM #22 – SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering stated that another CFD meeting would be scheduled and staff would look into how Scottsdale handled their mountain situation. DRAFT Document in 1-20-05.obd Page 11 of 11 AGENDA ITEM #23 – ADJOURNMENT Councilman McMahan MOVED that the Council adjourn and Vice Mayor Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:40 p.m. TOWN OF FOUNTAIN HILLS By __________________________ Wally Nichols, Mayor ATTEST AND PREPARED BY: Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 6th day of January 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of January 2005 _____________________________ Bevelyn J. Bender, Town Clerk Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-01 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 10, Block 2, Plat 601B (15820 N. Ponderosa Drive) as recorded in Book 166 of Maps, Page 31 Records of Maricopa County, Arizona. EA04-27 (Lewis/Bugniazet) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 6, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 21, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-27 15820 N. Ponderosa Drive Plat 601B, Block 2, Lot 10 This item on the Town Council's agenda is a proposal to abandon a portion of the ten foot public utility and drainage easements located at the northerly property line of Lot 10, Block 2, Plat 601B, (15820 N. Ponderosa Drive) as shown in Exhibit “A”. The property owners of Lot 10 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The easterly 10’ of the 10’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 10 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-01. Enc: Resolution Exhibit C: Bonnie Lewis & David Bugniazet Adjacent Property Owners Document in 1-20-05.obd RESOLUTION 2005-01 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 10, BLOCK 2, PLAT 601B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the northerly property line of Plat 601B, Block 2, Lot 10, Fountain Hills, as recorded in Book 166 of maps, Page 31, records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 10 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-02 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 30, Block 9, Plat 111 (16214 E. Stancrest Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-28 (Calkins) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 6, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 21, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-28 16214 E. Stancrest Drive Plat 111, Block 9, Lot 30 This item on the Town Council's agenda is a proposal to abandon the twenty foot public utility and drainage easements located at the northerly and a portion of the 10’ public utility and drainage easements located at the westerly property lines of Lot 30, Block 9, Plat 111, (16214 E. Stancrest Drive) as shown in Exhibit “A”. The property owners of Lot 30 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The southerly 20’ of the westerly 10’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 30 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-02. Enc: Resolution Exhibit C: John Calkins Adjacent Property Owners RESOLUTION 2005-02 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TWENTY (20’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE AND A PORTION OF THE 10’ PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 30, BLOCK 9, PLAT 111, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain twenty (20) foot public utility and drainage easements, located along the northerly property line and a portion of the 10’ public utility and drainage easements located along the easterly property line of Plat 111, Block 9, Lot 30, Fountain Hills, as recorded in Book 150 of maps, Page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 30 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-03 abandoning whatever right, title, or interest the Town has in a portion of the certain public utility easement located at the northerly property lines of Lot 5 of Parcel 12 (12545 N. Saguaro Blvd.) as recorded in Book 579 of Maps, Page 40, Records of Maricopa County, Arizona. EA04-29 (Suozzi) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 10, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: January 5, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-29 12545 N. Saguaro Blvd. Parcel 12, Lot 5 This item on the Town Council's agenda is a proposal to abandon a portion of the 20 foot public utility easement located at the northerly property line of Parcel 12, Lot 5, (12545 N. Saguaro Blvd.) as shown in Exhibit “A”. The property owners of Lot 5 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The westerly 20’ of the northerly 20’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. Staff recommends approval of Resolution 2005-03. Enc: Resolution Exhibit C: Ross Suozzi Document in 1-20-05.obd RESOLUTION 2005-03 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF PARCEL 12, LOT 5, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 579 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain public utility easement, located along the northerly property line of Parcel 12, Lot 5, Fountain Hills, as recorded in Book 579 of Maps, Page 40 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-04 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 14, Block 5, Plat 603C (15810 E. Sycamore Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA04-30 (Lambeau) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 13, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 21, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-30 15810 E. Sycamore Drive Plat 603C, Block 5, Lot 14 This item on the Town Council's agenda is a proposal to abandon the ten foot public utility and drainage easements located at the northerly and a portion of the easterly property lines of Lot 14, Block 5, Plat 603C, (15810 E. Sycamore Drive) as shown in Exhibit “A”. The property owners of Lot 14 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The southerly 20’ of the easterly 10’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 14 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-04. Enc: Resolution Exhibit C: Michael &Donna Lambeau Adjacent Property Owners Document in 1-20-05.obd RESOLUTION 2005-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY AND A PORTION OF THE EASTERLY LOT LINES OF LOT 14, BLOCK 5, PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain ten (10’) foot public utility and drainage easements, located along the northerly and a portion of the easterly property lines of Plat 603C, Block 5, Lot 14, Fountain Hills, as recorded in Book 161 of maps, Page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 14 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-05 abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located on the common property line of Lots 1 and 15, Block 4, Plat 102 (La Montana Drive and Hamilton Drive) as recorded in Book 142 of Maps, Page 12, Records of Maricopa County, Arizona, with stipulation. EA04- 31 (Villas of La Montana LLC) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request to abandon portions of the 20’ public utility easements located on the common property line of lots 1 and 15 in order to construct the La Montana Townhomes. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 13, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-31 La Montana and Hamilton Drive Plat 102, Block 4, Lots 1 and 15 This item on the Town Council's agenda is a proposal to abandon portions of the twenty foot public utility and drainage easements located on the common property line of Lot 1 and 15, Block 4, Plat 102, (La Montana and Hamilton Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-05, subject to the following stipulation: • That 10’ sidewalk easements be granted or platted on the perimeter streets of Lots 1 and 15 prior to development of these lots. Enc: Resolution Exhibit C: Villas of La Montana LLC Adjacent Property Owners Document in 1-20-05.obd RESOLUTION 2005-05 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN TWENTY (20’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ON THE COMMON PROPERTY LINE OF LOTS 1 AND 15, BLOCK 4, PLAT 102, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage easements, located on the common property line of Lots 1 and 15 of Plat 102, Block 4, Fountain Hills, as recorded in Book 142 of Maps, Page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 01/20/05 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of the Preliminary and Final Plat for "Hamilton Villas Condominiums" a four-unit condominium project located at 13627 N. Hamilton Drive, aka Final Plat 102, Block 5, Lot 4. Case Number S2004-31. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for Preliminary and Final Plat approval for a Declaration of Condominium. On January 13, 2005, the Planning and Zoning Commission recommended approval of S2004-31, for a Preliminary Plat "Hamilton Villas Condominiums." Please see the attached memorandum for additional details. List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee TOWN OF FOUNTAIN HILLS PLANNING & ZONING TOWN COUNCIL MEMO TO: Mayor and Town Council DT: January 20, 2005 FR: Kate Zanon, Planner RE: Case # S2004-31; Preliminary and Final Plat “Hamilton Villas Condominiums” LOCATION: 13627 N. Hamilton Dr. aka Lot 4, Block 5, Final Plat 102. REQUEST: Consider the Preliminary and Final Plat for "Hamilton Villas Condominiums", a 4- unit condominium project. DESCRIPTION: OWNER: Eric and Linda Flynn APPLICANT: Jerry Caldwell EXISTING ZONING: “R-3” EXISTING CONDITION: Constructed LOT SIZE: 17,634 square feet (.405 acres) SURROUNDING LAND USES AND ZONING: NORTH: Multi-unit condominium; zoned “R-3” SOUTH: Multi-unit condominium; zoned “R-3” EAST: Duplex; zoned “R-3” WEST: Multi-unit condominium; zoned “R-3” SUMMARY: This request is for approval of the Preliminary and Final Plat "Hamilton Villas Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Eric and Linda Flynn, have chosen to convert a four-unit residential complex and record a Declaration of Condominium to sell the units individually. Each unit has a livable area of 1,341 square feet, a carport and a covered patio. The property was constructed in 1984 and met all the underlying requirements of the zoning ordinance at that time. The property is a legal non-conforming structure, as it respects the pre-existing building setbacks for the “R-3” Zoning Designation. The Town requires that all future development on this site conform to the current building setbacks. RECOMMENDATION: The Planning & Zoning Commission recommended approval of the Preliminary Plat, at the January 13, 2005 meeting and Staff recommends approval of S2004-31; Preliminary and Final Plat "Hamilton Villas Condominiums." TO WN OF FOUNTAIN HILLS PLANNING AND ZONING DIVISION TOWN COUNCIL MEMORANDUM TO: The Mayor and Town Council DT: January 20, 2005 FR: Kate Zanon, Planner TH: Richard Turner, Planning and Zoning Administrator RE: Case # S2004-31; Preliminary and Final Plat “Hamilton Villas Condominiums” The purpose of this memorandum is to provide a stipulation to the recommendation for approval for the “Hamilton Villas Condominiums” Declaration of Condominium on the January 20, 2005 consent agenda, item #7. On January 13, 2005 the Planning and Zoning Commission recommended approval of S2004-31 by a 5-0 vote for the Preliminary Plat, “Hamilton Villas Condominiums,” with the following stipulation: • The applicant adds a gate to the trash enclosure area for screening purposes. The gate is not a requirement by the Town of Fountain Hills Zoning Ordinance, but the applicant has agreed to the stipulation. Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 01/20/05 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of the Preliminary and Final Plat for "A & S Condominiums, A Condominium" a two-unit condominium project located at 12013 N. Lamont Drive, aka Final Plat 201, Block 1, Lot 7. Case Number S2004-32. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for Preliminary and Final Plat approval for a Declaration of Condominium. On January 13, 2005, the Planning and Zoning Commission recommended approval of S2004-32, for a Preliminary Plat "A & S Condominiums, A Condominium." Please see the attached memorandum for additional details. List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee TOWN OF FOUNTAIN HILLS PLANNING AND ZONING TOWN COUNCIL MEMO TO: Mayor and Town Council DT: January 20, 2005 FR: Kate Zanon, Planner RE: Case # S2004-32; Preliminary and Final Plat “A & S Condominiums, A Condominium” LOCATION: 12013 N. Lamont Dr. aka Lot 7, Block 1, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for "A & S Condominiums, A Condominium", a 2-unit condominium project. DESCRIPTION: OWNERS: Isabelle Ohannessian Antranik and Sylvie Ohannessian APPLICANT: Lloyd Pew EXISTING ZONING: “R-2” EXISTING CONDITION: Built LOT SIZE: 12,529 square feet (.288 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned “R-2” SOUTH: Duplex; zoned “R-2” EAST: Undeveloped; zoned “R-3” WEST: Single Family home; zoned “R1-8” SUMMARY: This request is for approval of the Preliminary and Final Plat "A & S Condominiums, A Condominium" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Isabelle Ohannessian and Antranik and Sylvie Ohannessian, have chosen to convert a two- unit residential complex and record a Declaration of Condominium to sell the units individually. Each unit has a livable area of 1,347 square feet, a carport and a covered patio. The property meets all underling requirements of the zoning district. RECOMMENDATION: The Planning & Zoning Commission recommended approval of the Preliminary Plat, at the January 13, 2005 meeting and Staff recommends approval of S2004-32; Preliminary and Final Plat "A & S Condominiums, A Condominium." Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-09 abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located on the westerly and northerly property lines of Plat 603C, Block 2, Lot 42 (15740 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43 Records of Maricopa County, Arizona. EA04-32 (Nash) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 20, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 22, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-32 15740 E. Cholla Drive Plat 603C, Block 2, Lot 42 This item on the Town Council's agenda is a proposal to abandon portions of the ten foot public utility and drainage easements located on the westerly and northerly property lines of Plat 603C, Block 2, Lot 42, (15740 E. Cholla Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The southerly 20’ of the westerly 10’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 42 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-09. Enc: Resolution Exhibit C: Kathleen Nash Adjacent Property Owners Document in 1-20-05.obd RESOLUTION 2005-09 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN TEN (10’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ON THE WESTERLY AND NORTHERLY PROPERTY LINE OF PLAT 603C, BLOCK 2, LOT 42, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easements, located on the westerly and northerly property lines of Plat 603C, Block 2, Lot 42, Fountain Hills, as recorded in Book 161 of Maps, Page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-10 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 111, Block 5, Lot 17 (13862 E. Hamilton Drive) as recorded in Book 150 of Maps, Page 12 Records of Maricopa County, Arizona. EA04-33 (Bridges) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted December 27, 2004. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 28, 2004 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA04-33 13862 E. Hamilton Drive Plat 111, Block 5, Lot 17 This item on the Town Council's agenda is a proposal to abandon the twenty foot public utility and drainage easements located at the northerly property lines of Plat 111, Block 5, Lot 17, (13862 E. Hamilton Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 17 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-10, subject to the following stipulations: • Provide a 10’x10’ PUE at the southwest corner for existing and proposed utility boxes.* • Provide a 10’ no-build easement/landscape easement/sidewalk easement along Saguaro Blvd.* • Construct an 8’ wide meandering sidewalk along the Saguaro Blvd frontage.* * Note: These stipulations may be fulfilled as a part of the proposed condo plat. Enc: Resolution Exhibit C: George & Sydney Bridges Adjacent Property Owners Document in 1-20-05.obd RESOLUTION 2005-10 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TWENTY (20’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 111, BLOCK 5, LOT 17, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage easements, located at the northerly property lines of Plat 111, Block 5, Lot 17, Fountain Hills, as recorded in Book 150 of Maps, Page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potwentytial cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 1-20-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of ratifying the AGREEMENT between the Town of Fountain Hills and EN at Fountain Hills LLC for reimbursement of construction costs for the public facilities adjacent to the planned Ranch House in the Eagles Nest subdivision. Staff Recommendation: Approve Fiscal Impact: Yes $90,000 Purpose of Item and Background Information: As part of the approval of the final plat for Parcel 10 of Eagles Nest, the Town has required that Eagles Nest construct the public facilities adjacent to the building to be used as the eventual Ranch House for the Eagles Nest subdivision. List All Attachments as Follows: Staff Memo, MCO letter dated 12-14-04 Type(s) of Presentation: Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 1-20-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: January 13, 2005 FR: Thomas L. Ward, Director of Public Works RE: Reimbursement of Costs Public Facilities As part of the approval of the final plat for Parcel 10 of Eagles Nest, the Town has required that Eagles Nest construct the public facilities adjacent to the building to be used as the eventual Ranch House for the Eagles Nest subdivision. Eagles Nest shall construct the public facilities and the Town shall reimburse Eagles Nest for 100% of the costs incurred as the work progresses, but not more than once a calendar month, based upon the work completed for the prior calendar month. As previously discussed, these public facilities consist of restrooms that will serve people who desire to hike into the preserve area via Eagles Nest. Staff has worked diligently to assure that this type of facility is of commercial grade products since usage will be more than normal in a trailhead setting. It is unlikely that all of the $90,000 will be needed in the 04-05 budget, since construction of the facility will not be completed by July 1, 2005. Staff therefore recommends approval of the reimbursement costs for the public facilities at the Eagles Nest Trailhead. Document in 1-20-05.obd Document in 1-20-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Dana Burkhardt, AICP Senior Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: Consideration of the preliminary and final plat for “Fountain Mist Villas Condominiums”, a 16 unit multi-family condominium subdivision, and modification of a portion of the existing hillside protection easement; Case #S2003-07. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request by David Vidalin for approval of the preliminary and final plat for “Fountain Mist Villas”, a 16-unit multiple-family condominium project. The applicant received Special Use approval for the residential use on commercial property on November 6, 2003. The Planning Commission unanimously recommended approval at their January 13, 2005 meeting. List All Attachments as Follows: Staff Report; Application; Final Plat reduction & Grading Plan; HPE Exhibit Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION MEMO TO: Mayor Nichols & Town Council DT: January 12, 2005 FR: Dana Burkhardt, AICP, Senior Planner RE: Preliminary and Final plat for “Fountain Mist Villas”, Case #S2003-07 LOCATION: South of El Lago Blvd., east of Saguaro Blvd; Final Plat Parcel 12, Lot 2. REQUEST: Consideration of the preliminary and final plat for “Fountain Mist Villas Condominiums”, a 16 unit multi-family condominium subdivision, and modification of a portion of the existing hillside protection easement. DESCRIPTION: OWNER: David Vidalin APPLICANT: 8888 Fountain, LLC EXISTING ZONING: "TCC” Town Center Commercial Zoning District SURROUNDING LAND USES AND ZONING: NORTH: El Lago Blvd. & Plaza Fountainside; zoned “TCC” SOUTH: Sanitary District Facility; zoned “TCC” EAST: Fountain Channel & Lakeside Villas Condos; zoned “TCC” WEST: Undeveloped Lot; zoned “TCC” SUMMARY: This is a request by David Vidalin for approval of the preliminary and final plat for “Fountain Mist Villas”, a 16-unit multiple-family condominium project. Additionally, this request is to abandon and re- dedicate a portion of the hillside protection easement on Lot 2. The applicant received Special Use approval for the residential use on commercial property on November 6, 2003. Due to the minimal off- site improvements, staff has combined the reports for preliminary and final plat. The plat proposes three residential buildings and a 2,641 square-foot common amenity building and a swimming pool. The maximum livable area of the proposed dwelling units is 1,930 square feet and the minimum livable area is 1,882. Each dwelling is a two-story attached unit with a two-car garage. The plan provides eleven guest parking spaces, one of which is handicap accessible. Each building is approximately 24’-6” in height and utilizes a combination of a tile roof and raised parapet roof design. The proposed density of this development is 6.45 dwelling units per acre. The project provides vehicular access from a single gated location on El Lago Blvd. An additional emergency access is provided from the common access location adjacent to Lot 1. EVALUATION: The Special Use permit was approved with the following stipulations: 1) Turn-a-rounds’ are required at the two south ends for emergency vehicles. 2) Additional fire hydrant is needed on site. 3) Provide clarification of basin 1 and basin 2 areas. 4) Show high point/grade breaks. 5) Provide the Arizona Department of Water Resources State Standard 5-96 computation to establish minimum building location distance from the wash bank. Since the approval of the special use permit for this project, Staff has satisfactorily resolved these conditions. The Fire Department no longer requires the vehicle turn-a-rounds, or the fire access shown along the south property boundary. In addition, the developer has moved the proposed building locations for Buildings 1 and 3 to maintain a 30-foot minimum distance from the Sanitary District site, which is 10 feet greater than the special use permit approval. The developer has also agreed to increase the landscape buffer along the western property boundary, adjacent to the commercial and utility uses. Staff has requested the developer extend the existing storm drain outlet at the project entrance to provide safe access and to avoid the channel embankment from undermining the area on the north side of Building 3. To accomplish this, Staff is recommending that a portion of the Hillside Protection Easement be modified with this preliminary plat. The proposed Hillside Protection Easement configuration meets the preservation requirements of the Town (see the attached hillside exhibit). The entire area proposed for abandonment was previously disturbed during the construction of the drainpipe and channel improvements during the construction of Fountain Park. The area will be landscaped and revegetated to secure the channel embankment. RECOMMENDATION: On January 13, 2004, the Planning & Zoning Commission unanimously recommended the Town Council approve the preliminary plat and hillside protection easement abandonment, with the stipulations listed below. Staff recommends the Town Council approve the preliminary and final plat for “Fountain Mist Villas”, with the following stipulations: 1) The applicant shall provide the minimum drive aisle distances and parking space dimensions from Building 1 along the west property boundary to increase the landscape buffer from the commercial and well site to Staff’s satisfaction, prior to Final Plat recordation. 2) The Council abandon the portion of the Hillside Protection Easement located east of the project entrance at the Final Plat approval. 3) Prior to Final Plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the approved water service plans for review. 4) Provide a solid 8-foot masonry wall adjacent to all commercial and utility properties on the improvement plans prior to approval. 5) Address all improvement plan comments to Staff’s satisfaction prior to improvement plan approval. 6) Extend the turn-a-round for the trash receptacle located adjacent to the well site to provide improved access for trash removal vehicles. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Public Works Contact Person: Dana Burkhardt, AICP, Senior Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of a SPECIAL USE PERMIT to exempt columbaria construction from the land disturbance regulations of the Zoning Ordinance for the Shepherd of the Hills Lutheran Church, located at 16150 E. El Lago Blvd., Case #SU2004-05. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval to construct columbaria within the non-disturbance area on the Shepherd of the Hills Lutheran Church property. In March 2000, Shepherd of the Hills Lutheran Church members requested the Town Council consider amending the zoning regulations to allow the construction of columbaria in non-disturbance areas. On June 15, 2000, the Town Council adopted Ordinance #00-11, which exempts columbaria disturbance from the preservation requirements with an approved Special Use Permit. On January 13, 2005, the Planning & Zoning Commission unanimously recommended approval of this request. List All Attachments as Follows: Staff Memo; Application; Narrative; Plan reductions Type(s) of Presentation: None Signatures of Submitting Staff: S:/Thomas Ward _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Thomas Ward, Acting Town Manager Town Manager/Designee TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF MEMO TO: Mayor Nichols and Town Council DT: January 12, 2005 FR: Dana Burkhardt, AICP, Senior Planner RE: SU2004-05; Shepherd of the Hills columbaria hillside disturbance exemption LOCATION: 16150 E. El Lago REQUEST: Exemption from the land disturbance regulations for the construction of columbaria at the Shepherd of the Hills Lutheran Church pursuant to §5.11 B.13 of the Zoning Ordinance. DESCRIPTION: APPLICANT: Shepherd of the Hills Lutheran Church OWNER: Shepherd of the Hills Lutheran Church EXISTING ZONING: “R-4” Multi-family Residential Zoning District EXISTING CONDITION: Developed church site with non-disturbance area LOT SIZE: 6 acres SURROUNDING LAND USES AND ZONING: NORTH: La Strada Condominiums, multi-family development; zoned “R-4” SOUTH: El Lago Blvd. & Single-family; zoned “R1-6” EAST: Fountain Hills Blvd. & La Vida Buena Condos; zoned “R-4” WEST: Mountainside Dr. & Villa de Este Condos; zoned “R-3” SUMMARY: This request is for approval to construct columbaria within the non-disturbance area on the Shepherd of the Hills Lutheran Church property. In March 2000, Shepherd of the Hills Lutheran Church members requested the Town Council consider amending the zoning regulations to allow the construction of columbaria in non-disturbance areas. On June 15, 2000, the Town Council adopted Ordinance #00-11, which exempts columbaria disturbance from the preservation requirements with an approved Special Use Permit. The Church is proposing columbaria on the northeast side of the existing church facilities and parking, in a non-disturbance area. The proposal consists of a series of meandering stabilized granite paths, which connect three circular memorial gardens housing the columbaria structures. Also proposed are water features, bench seating areas, native landscaping, a memorial plaque wall and a total of nine columbarium structures, each approximately six feet wide by approximately seven feet tall. EVALUATION: The development of columbaria, including any accompanying features such as walkways, may be exempted from the regulations of Section 5.11 (B) Grading Standards, by Special Use Permit if the following conditions exist: a. The columbaria is an accessory use to a church. b. The columbaria and any accompanying features shall be designed to minimally alter the existing topography and vegetation. c. The columbaria and any accompanying features shall be designed so that any "Natural Features", as defined in Section 103 of The Subdivision Ordinance for the Town of Fountain Hills, are not disturbed. d. The building area of the columbaria shall not exceed ten (10) percent of the total building area of the church buildings. e. A landscape plan prepared and stamped by an Arizona-registered landscaping architect is submitted and approved that meets the applicable landscaping regulations of Article VI, Section 605 of The Subdivision Ordinance for the Town of Fountain Hills. The proposed columbaria meet all of the zoning requirements. The memorial garden plan is designed to follow the existing topography and to preserve the significant features, cacti and vegetation. The total area encompasses approximately 17,405 square feet, however, the actual land disturbance area will be less, as there are areas encompassed that are not necessary to be disturbed. Staff is requesting that a six-foot tall chain link fence be located along the final disturbance boundary to restrict access and protect the abutting non-disturbance areas during construction. The only properties that may be impacted by the columbaria are the abutting La Strada Condominium units. Portions of the prayer garden/columbaria are located within fifty feet of the condominium units. Staff recommends that mature box trees be located to screen the each of the three circular memorial gardens from the abutting condominium units. RECOMMENDATION: Staff recommends approval of this request. On January 13, 2005, the Planning & Zoning Commission unanimously recommended the Town Council approve this special use request with the following stipulations: 1) The applicant provides a six-foot tall chain link fence conforming to the disturbance boundary fencing requirements of the Zoning Ordinance during the period of construction. 2) The applicant revegetates all disturbed areas outside of the designated paths to blend with the undisturbed areas. In addition to the revegetation and landscape plan, the applicant shall provide minimum 24” box drought tolerant trees to screen the memorial gardens from the abutting condominium units at a quantity and locations to be approved by the Zoning Administrator. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/20/05 Submitting Department: Administration Contact Person: Timothy G. Pickering Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of approving the CONTRACT with Blackerby Associates for facilitation of the Strategic Planning Project. Staff Recommendation: Approve Fiscal Impact: Yes $60,000 Purpose of Item and Background Information: A Request for Proposals was issued to facilitate the management of the Fountain Hills Strategic Planning Process and Project Schedule following approval of the work process and schedule by the Council on December 16, 2004. The three proposals were carefully reviewed and interviews were conducted by Town staff and members of the Technical Advisory Committee, leading to a recommendation that the Town utilize Blackerby Associates to facilitate the management of this project. Blackerby has a very thorough proposal, has recently completed work for the City of Phoenix, and the interview panel was impressed with the depth of their team. The proposal is entirely within budget, as the entire process will cost $60,000. Please note in next year's budget we will have to budget for the scientific survey. List All Attachments as Follows: Proposal submitted by Blackerby Associates dated January 10, 2005; proposed Professional Services Agreement. Type(s) of Presentation: Written Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) S:/Timothy G. Pickering Town Manager/Designee TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Honorable Mayor Nichols and Town Council DATE: January 19, 2005 FR: Tim Pickering, Town Manager RE: Approval of contract with Blackerby Associates for facilitation of strategic planning project Attached is a new item for the January 20th Council agenda. The Council had requested that the staff complete the contract for strategic plan facilitation services in an expedient manner. Thus we are forwarding the proposal for your approval in the quickest manner possible. Attachment 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BLACKERBY ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made as of January , 2005, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Blackerby Associates, Inc., an Arizona corporation (the “Contractor”). RECITALS A. The Town issued a Request for Proposals for a Strategic Planning Process Facilitator (the “RFP”). The RFP is on file in the office of the Town Clerk and is available for review. B. Contractor responded to the RFP and the Town desires to enter into this Agreement with the Contractor to facilitate the management of the “Fountain Hills Strategic Planning Process and Project Schedule” (the “Services”). Contractor’s response to the RFP is attached hereto as Exhibit A and incorporated herein by reference. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until June 30, 2005. Thereafter, the Town may renew the Agreement for up to two successive one-year periods, subject to an annual review and satisfactory negotiation of terms, the concurrence of the Town Council and the annual availability of appropriations. 2. Scope of Services. Contractor shall provide the Services as set forth in the Scope of Services included in Exhibit A. 3. Compensation. The Town shall pay Contractor a price not to exceed $60,000.00 for the Services, as more particularly set forth in Exhibit A. 4. Payments. The Town shall pay the Contractor monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. Final payment will be made after a final Plan is delivered to and accepted by the Town. 5. Documents. All documents prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 2 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the Services to be performed under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced prior without written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor’s performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. 9. Indemnification. The Contractor 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 reasonable attorneys’ fees, court costs and the cost of appellate proceedings) directly caused by the negligent, willful, wrongful or intentional acts, errors, mistakes, omissions, in the work or services of the Contractor, its employees or agents in the performance of this Agreement. Contractor’s duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, directly caused by any negligent, willful, wrongful or intentional acts, errors, mistakes, omissions, in the work or services in the performance of this Agreement of any employee of the Contractor except if caused by the Town’s negligence. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 10. Insurance. 10.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of B++ or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. b. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 3 and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. c. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. e. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. f. Waiver. All policies except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. g. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. h. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. i. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Contractor’s insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 4 provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the above-cited policies expire during the life of this Agreement, it shall be Contractor’s responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance. (2) Contractor’s insurance shall be primary insurance as respects performance of the Agreement. (3) All policies, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 10.2 Required Insurance Coverage. a. Commercial General Liability. Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 5 including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. b. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” "any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. c. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 10.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 11. Applicable Law. In the performance of this Agreement, Contractor shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. This Agreement may be terminated be either party upon 30 days’ written notice should the other party fail to substantially perform in accordance with this 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 6 Agreement’s terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity. 13. Miscellaneous. 13.1 Independent Contractor. The Contractor acknowledges that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 13.2 Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration (“OSHA”) standards. 13.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 7 included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement will promptly be physically amended to make such insertion or correction. 13.5 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application. 13.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 13.7 Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contact. 13.8 Assignment. No right or interest in this Agreement shall be assigned by Contractor without prior, written permission of the Town and no delegation of any duty of Contractor shall be made without prior, written permission of the Town. 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.12 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 8 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) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN BISCHOFF MCGUIRE ROSE & HISER, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Contractor: Blackerby Associates, Inc. 5402 East Exeter Boulevard Phoenix, Arizona 85018 Facsimile: 602-952-1310 Attn: Phillip Blackerby 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 on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the 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 by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.13. Applicable Law; Venue. In the performance of this Contract, Contractors shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Contract. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in the State of Arizona. 13.14 Confidentiality of Records. Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or form others in carrying out its 9196.009\Strategic Plan - Part II.agt.v3.doc 1.18.2005-1 EXHIBIT A [Contractor’s Response to the RFP] See following pages. Town of Fountain Hills, Arizona Response to Request for Proposals Strategic Planning Project Facilitator January 10, 2005 BLACKERBY ASSOCIATES, Inc. 5402 East Exeter Blvd. Phoenix, Arizona 85018 Tel. 602-908-1082 ● Fax 602-952-1310 info@BlackerbyAssoc.com www.BlackerbyAssoc.com Strategic Planning Project Facilitator RFP - i - January 10, 2005 Town of Fountain Hills, Arizona Strategic Planning Project Facilitator Response to Request for Proposals Table of Contents Page Transmittal Letter................................................................................................................... Front Overview....................................................................................................................................... 1 1. Qualifications.......................................................................................................................... 1 a. Strategic Planning for the Public Sector........................................................................... 2 b. Facilitation........................................................................................................................ 7 c. Primary Research: Focus Groups...................................................................................... 8 d. Project Management ......................................................................................................... 9 2. Proposed Plan of Action......................................................................................................... 10 Part One: Scope of Services in the RFP.................................................................................. 10 Part Two: Work Program, Fountain Hills Strategic Planning Process................................... 13 3. Timeline.................................................................................................................................. 22 4. Proposal Cost.......................................................................................................................... 23 5. References............................................................................................................................... 24 6. Designation of Primary Facilitator.......................................................................................... 25 Appendices A. Biographical Information for Phillip Blackerby, M.P.Aff., Blackerby Associates, Inc......... 26 B. Biographical Information for Lynne Brown, M.S., Lynne Brown Associates, Inc................ 29 C. Biographical Information for Michael J. O’Neil, Ph.D., O’Neil Associates, Inc................... 31 5402 East Exeter Blvd. Phoenix, Arizona 85018 602-908-1082 Tel 602-952-1310 Fax info@BlackerbyAssoc.com www.BlackerbyAssoc.com Town of Fountain Hills, Arizona Response to Request for Proposals Strategic Planning Project Facilitator Overview Blackerby Associates, Inc., is pleased to submit this proposal to the Town of Fountain Hills, Arizona, in response to its December 27, 2004 Request for Proposals for a Strategic Planning Project Facilitator. Blackerby Associates has assembled a highly-qualified team to serve the Town of Fountain Hills in its strategic planning process, including: • Blackerby Associates, Inc., an Arizona corporation located in Phoenix, Phillip Blackerby, M.P.Aff., principal; Mr. Blackerby will serve as project manager and Primary Facilitator; • Lynne Brown Associates, Inc., an Arizona corporation located in Phoenix, Lynne Brown, M.S., principal; Ms. Brown will conduct much of the interviewing and group facilitation activities for this project; and • O’Neil Associates, Inc., an Arizona corporation located in Tempe, Michael J. O’Neil, Ph.D., principal; O’Neil Associates is a primary research firm that will conduct the focus groups, and may serve as a prime source for the scientific survey. 1. Qualifications Blackerby Associates brings together a three-firm team with extensive experience in: • Strategic planning for municipal, governmental and not-for-profit strategic planning; • Facilitation of groups to make decisions for municipal, governmental and not-for-profit organizations; and • Primary research, using both focus groups and scientific survey methodologies, to ascertain people’s opinions about key public policy issues, for municipal, governmental, political and other organizations. • Project management for complex strategic planning projects involving many steps and large numbers of participants; use of project management software, such as Microsoft Project. Blackerby Associates has observed the Town of Fountain Hills as it has prepared to engage in this strategic planning process; including reading virtually all press accounts and attending two public meetings at which the strategic planning process was discussed (September 15 and October 28, 2004). As a result, Blackerby Associates has a realistic understanding of and appreciation for the opportunities and challenges this strategic planning process will entail. Blackerby Associates has a Business Privilege License (number 7062) authorizing it to do busi- ness in the Town of Fountain Hills. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 2 - January 10, 2005 Blackerby Associates and all project personnel are located in Greater Phoenix; therefore, total contract fees will be concentrated on direct services, rather than on travel or long distance expenses, and Blackerby Associates personnel can be immediately responsive to unanticipated needs that may arise during the course of the project. Blackerby Associates already has in place $1 million in professional liability and errors and omissions insurance, as required by the Professional Services Agreement attached to the RFP. (pages 2-5, section 10.) The Blackerby Associates Certificate of Liability Insurance is viewable at www.BlackerbyAssoc.com/Resources/Insurance.pdf. Because this insurance is already in place, the project will suffer no delays from executing the contract. The following subsections address the key areas of Blackerby Associates team’s experience and knowledge. Biographical information for key team members are included in the Appendices. a. Strategic Planning for the Public Sector Mr. Blackerby has made a career of working with public sector organizations to develop strategic plans, much more that five years. Mr. Blackerby’s résumé is included as Appendix A. A tenet of his consulting practice is that public sector strategic planning is significantly different from—and in many ways more difficult than—strategic planning in for-profit organizations. Differences include: lack of consensus about basic mission, goals and results to be achieved; lack of consensus about methods to achieve agreed goals; difficulties measuring results; lack of common units in measuring results; difficulties benchmarking performance against similar organizations and difficulties associating activities with observable results. Most recently, Mr. Blackerby’s activities include four projects for the City of Phoenix, Human Services Department, all conducted in association with team-member, Ms. Brown: • Community Services Division (project currently in progress): Mr. Blackerby and Ms. Brown are assisting the division to write a three-year strategic plan and a first-year action plan to govern delivery of social services to the City’s poor. A key objective was to ensure that every voice in the 100-person organization was heard. Mr. Blackerby and Ms. Brown created a plan-to-plan (action planning document), and posted it on the project web page at www.BlackerbyAssoc.com/CSD/. Mr. Blackerby conducted an environmental scan of issues affecting the Division’s clients, personnel and programs by reviewing internal and external documents and creating a summary analysis PowerPoint presentation based on the four Balanced Scorecard1 perspectives. Ms. Brown facilitated five focus groups with 47 partici- pants representing management, field personnel and community key informants, generating lists of issues facing the Division, categorized under Mission and standard SWOT groupings.2 All Division employees were asked to mark the most important issues, and well over half responded confidentially. Ms. Brown and Mr. Blackerby facilitated a 35-person Strategic Planning Team, representing all levels, job descriptions and geographies of Division personnel, in a two-day planning retreat and two half-day follow-up sessions. 1 Robert S. Kaplan, David P. Norton, The Balanced Scorecard: Translating Strategy into Action, Harvard Business School Press, Boston: 1996. The four perspectives are: learning/planning, internal process, customer, and financial. 2 Strengths, Weaknesses, Opportunities and Threats. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 3 - January 10, 2005 Through small- and large-group exercises and training activities, Ms. Brown and Mr. Black- erby facilitated writing a Division mission statement, five goals in three categories, eleven SMART3 strategic objectives under the goals, 45 tactical objectives under the strategic objectives, and first year action plans for each tactical objective, specifying performance measure, accountable leader, budget and start and end dates. Remaining tasks are to facilitate of the management team to make the action plans realistic in terms of budget, personnel and manageability, and to publish the final plan. Project started May 11, 2004, in progress. • Youth Opportunities Unit: Similar to the Community Services Division, above, Mr. Black- erby and Ms. Brown helped the Youth Opportunities Unit create a three-year strategic plan and first-year action plan for delivery of social services to the City’s youth. Mr. Blackerby and Ms. Brown created and posted a plan-to-plan on the project web site, www.BlackerbyAssoc.com/Youth/; performed an environmental scan; created a summary analysis PowerPoint presentation; conducted four focus groups including all employees to develop lists of SWOT issues; surveyed employees to identify important SWOT issues; and facilitated all 30 personnel in a two-day retreat. In small- and large-group exercises and training activities, Mr. Blackerby and Ms. Brown facilitated the group to write a Unit mission statement, select eight strategic issues, write seven goal statements, write 17 strategic objectives under the goals, write 49 first-year tactical objectives under the strategic objectives, and write action plans for each tactical objective. In a half-day follow-up meeting, Mr. Blackerby and Ms. Brown facilitated the group to develop a master time-line, a communications plan for the strategic plan and a procedure to track and report progress against the plan. Blackerby Associates published the final strategic plan. Project started May 11, 2004; completed August 30, 2004. • Senior Services Division: In another process similar to the Community Services Division, above, Mr. Blackerby and Ms. Brown helped the Senior Services Division to create a five- year strategic plan and a first-year action plan to govern delivery of social services to the City’s seniors. Mr. Blackerby and Ms. Brown created a plan-to-plan; posted it on the project web site, www.BlackerbyAssoc.com/Senior/, performed and analyzed an environmental scan; conducted eight focus groups with 106 participants, including clients, volunteers, community leaders and Division personnel at all levels; developed lists of SWOT issues; surveyed employees to identify important SWOT issues; and facilitated a 25-member Stra- tegic Planning Team, representing all levels of employees, in three one-day planning retreats. Through a series of small- and large-group exercises and training activities, Mr. Blackerby and Ms. Brown facilitated the group to envision and develop a Division mission statement; select eight strategic issues; write seven goal statements; write 13 strategic objectives under the goals; write 25 first-year tactical objectives and action plans under the strategic objec- tives; develop a master time-line; write a communications plan for the strategic plan; and create a procedure to track and report progress against the plans. Blackerby Associates developed a PowerPoint presentation of the plan for executive management, and facilitated two management team meetings to edit the plans in response to executives’ concerns before publishing the final plan in a large-type format appropriate for seniors audiences. Project started January 13, 2004; completed October 26, 2004. 3 Specific, Measurable, Achievable, Relevant and Time-bound. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 4 - January 10, 2005 • Education Division (Head Start program): As part of a project to write a grant re-funding application, Mr. Blackerby and Ms. Brown assisted City of Phoenix staff and the executive directors of 14 Delegate Agencies (not-for-profit contractors providing Head Start pre-kin- dergarten services) to develop goals for the next three years. Three regional focus group discussions, facilitated by Mr. Blackerby, identified issues facing Head Start clients, pro- grams and providers, categorized in standard SWOT groupings. In a half-day retreat, Ms., Brown and Mr. Blackerby facilitated small- and large-group exercises and training to develop a short list of the most important issues; write goal statements; and edit and adopt their goals for inclusion in the grant re-funding application. Throughout, participants moni- tored the project web site at www.BlackerbyAssoc.com/HeadStart/. The City successfully received its grant award. Project started December 2, 2003; completed March 25, 2004. Blackerby Associates other recent strategic planning clients include: • Arizona Technology Council, Phoenix; as volunteer Vice-Chair of Public Policy Committee, Mr. Blackerby guided the process to develop the organization’s legislative goals and objectives, September-November 2004. • New Mexico Manufacturing Extension Partnership, Albuquerque, not-for-profit consultancy; Mr. Blackerby co-facilitated development of a long-range strategic plan; environmental scan; facilitating Board of Directors in strategic plan development, December 2001-February 2002. • Florida Manufacturing Extension Partnership, Orlando, not-for-profit consultancy; Mr. Blackerby co-facilitated development of a long-range strategic plan; environmental scan; facilitating Board of Directors in strategic plan development, September-December, 2001. Mr. Blackerby has published several articles, produced a video training seminar and developed training courses related to strategic planning in the public sector: • A series of articles for Armed Forces Comptroller magazine, published by the American Society of Military Comptrollers, Alexandria, VA (available at www.BlackerbyAssoc.com): • “GPRA [Government Performance and Results Act] Strategic Planning: Start Here; How to Develop a Plan-to-Plan,” vol. 39(2), 1994. • “Strategic Planning: An Overview for Complying with GPRA,” vol. 39(1), 1994. • “History of Strategic Planning,” vol. 39(1), 1994. • “Tips on Writing Effective Budget Justifications,” vol. 33(2), 1988 (co-author); article shows how to integrate strategic plans and budget justifications. • Strategic Planning for the Public Sector video training seminar, Executive Co-Producer and Presenter, distributed by Performance Strategies, Inc., Austin, TX, 1991. • Strategic Planning for the Public Sector training course, delivered in one- or two-day ver- sions, in both a standard format or custom, single-agency presentation, to several state and federal government audiences. • Writing Effective Budget Justifications training course, delivered in two- or three-day ver- sions, in both a standard format or custom, single-agency presentation, to several state and federal government audiences. The first half of the program is about developing and inte- grating strategic plans into budget justifications. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 5 - January 10, 2005 Mr. Blackerby has also attended several training courses on strategic planning topics, including: • Strategic Planning Decision Models, 2000, Aly Abulleil, PhD, Aliah, Inc., Pittsburgh. • Presenting Data and Information, 1999, Edward R. Tufte, Hartford, in Arlington, VA. • Designing Customer & Employee Surveys That Work, 1997, David Sirota, PhD, Washington. • Performance Measurement, 1997, Harry P. Hatry, PhD, Urban Institute, Washington. While with an earlier consulting practice (Performance Strategies, Inc., 1988-1997), Mr. Blackerby assisted a number of municipal, governmental and not-for-profit organizations in developing strategic plans. Some of these clients include: Municipal or Local Government Entities: • Ark-Tex Council of Governments, Jim Fisher, Executive Director, Peggy White, Director of Employment and Training, Texarkana, TX; facilitated senior staff in writing mission statement; December 1995 and November 1992. • Edwards Underground Water District, Rick Illgner, General Manager, San Antonio, TX, facilitated strategic and tactical plan development for 12-member elected Board and senior staff: 2-day retreat, eight 1-day workshops, 1-day staff training, 1-day management consulta- tion; conducted confidential interviews with Board and senior staff; January-June 1994. • Guadalupe-Blanco River Authority, William E. (Bill) West, Jr., General Manager, Seguin, TX; facilitated 2-day strategic planning retreat for nine-member Board and senior staff, with Myers-Briggs Type Indicator administration and interpretation; May 1994. • Fort Worth Consortium Private Industry Council, Mary Jean McCarthy and Ron Evans, Co- Chairs, The Working Connection, City of Fort Worth, Richard D. Sapp, Executive Director; preliminary assessment interviews; facilitated 1-1/2-day team-building and strategic planning retreat for 25 board members and staff, to write mission statement and strategic objectives January-February, 1991. • City of Austin (Texas), Travis County and Capital Area United Way Comprehensive Community Needs Assessment for Austin/Travis County; intergovernmental assessment of human services needs in the County, Mr. Blackerby oversaw technical aspects of two county- wide surveys, including survey design, administration and results analysis. • City of Austin, Select Committee on Services and Spending (Austin, Texas). Mr. Blackerby headed a team to evaluate the City’s budget process for human services and other programs. State or Federal Government Entities • Texas State Board of Examiners of Psychologists, Rebecca Forkner, Acting Executive Director; facilitated senior staff in 2-day strategic plan retreat; March 1994. • U.S. Dep’t. of Transportation, Federal Aviation Admin., Mary Barnett, Air Traffic Strategic Planning Staff, Washington, D.C.; facilitated 3-day focus group discussion among 11 strategic planning staff and consultants on air traffic planning environment, needs and recommendations; wrote final report; June-July 1994; facilitated 3-day teamwork workshop for 12 Office of Air Traffic Program Management staff; September 1993. • U.S. Dep’t. of Transportation, Federal Aviation Admin., David Hurley, Director, Air Traffic Management, Washington, D.C.; facilitated 50 agency managers in 5-day strategic objectives retreat; trained Associate Administrators in one-day strategic planning concepts workshop; Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 6 - January 10, 2005 presented strategic planning concepts to Executive Board; facilitated Air Traffic managers in 4-day retreat on strategic, tactical and operational objectives; August-September 1993. • Texas Planning Council for Developmental Disabilities, Roger Webb, Executive Director; trained Board and staff in strategic planning and power-writing; evaluated planning activities; facilitated two strategic planning retreats; September 1992-April 1993. • Texas General Land Office, The Honorable Garry Mauro, Land Commissioner, Dan Ruiz, Chief Deputy; trained agency upper management in strategic planning; assisted editing strategic plan elements; facilitated writing objectives for Coastal Zone Management Plan and Information Services Division, February and December, 1992. • Texas Department of Banking, Randall S. James, Deputy Commissioner; facilitated senior staff retreat to develop strategic objectives, May 1992. • Texas Comptroller of Public Accounts, John Sharp, Comptroller, Robert Chapa, Budget Dir- ector; 2-day strategic planning seminar for 45 managers and staff, April 1992. • Texas Department of Licensing and Regulation, Jack Garison, Acting Executive Director; facilitated Board and senior staff to write objectives; facilitated senior staff in writing goals, March-April 1992; presented 2-day strategic planning workshop for senior managers, December, 1991; trained staff and facilitated mission statement, January, 1991. • Railroad Commission of Texas, Art Martinez, Internal Audit Director; trained 110 managers and supervisors in 2-day strategic planning seminar; facilitated Commissioners and directors in writing mission statement and strategic objectives; assisted editing Plan-to-Plan and objectives; January, 1992. • Texas Water Commission (now Texas Natural Resource Conservation Commission), Allen Beinke, Executive Director, Karen Phillips, Budget & Planning Director; wrote Plan-to-Plan for integrated budget and planning process; presented to Budget & Planning staff, executive management; developed and presented overview to 160 managers; presented 1-1/2-day Strategic Planning Skills training to 120 managers; facilitated strategic planning retreat for 19 directors and managers; facilitated ten tactical planning workshops; February-May, 1991. • Texas Board of Nurse Examiners, Cathy Thomas, RN, Executive Director; preliminary assessment interviews; facilitated Board team-ship workshop and strategic planning retreat; published draft Strategic Plan; facilitated management writing tactical plan; facilitated working groups writing operational plans; September 1990-May 1991. • Texas Commission for the Deaf; facilitated top staff members in re-defining agency mission statement and writing strategic objectives; assisted with development of 1992-93 Legislative Appropriations Request; recommended and assisted implementing new agency organiza- tional structure; May-August 1990. Not-for-Profit Organizations • Goodwill Industries, Older Worker Program, Austin, Texas, work force development program for seniors; co-facilitated strategic planning process, 1997. • Mexican American Unity Council (San Antonio, Texas), umbrella organization to coordinate and deliver work force development and other human services in key neighborhoods; co- facilitated strategic planning process, 1996. • International Chiropractors Association and American Chiropractic Association; facilitated joint meeting of two rival Boards of Directors to develop common ground and joint marketing goals; November 1996. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 7 - January 10, 2005 • National Home Furnishings Association; facilitated strategic planning retreat; evaluated operational effectiveness, 1995. • Children's Trust Fund of Texas, Janie D. Fields, Executive Director; facilitated senior staff retreat to develop strategic objectives, May 1992. b. Facilitation Ms. Brown will perform most of the facilitation activities for this project. Her experience with municipal, governmental and not-for-profit organizations is extensive, and her facilitation skills are demonstrably excellent. Ms. Brown’s résumé is included as Appendix B. A basic tenet of Ms. Brown’s facilitation practice is that “every voice is heard.” In fact, her web site address is www.EveryVoiceIsHeard.com. Ms. Brown’s facilitation methodology include several standard techniques: • Establish and obtain agreement among participants about the facilitator’s and participants’ respective roles early in the session. • Establish and obtain agreement among participants about ground rules early in the session. • Provide “red flags” that empower participants to halt the process at any time to ask a question, clarify a point or address process issues. • Use “thumbs” to indicate general agreement, disagreement or need for more discussion. • Evaluate each session in terms of aspects the participants like and aspects they would change. Even more important than technique is Ms. Brown’s facilitation style, which is based on respect for each participant. She listens carefully to every participant, asks clarifying questions to ensure everyone in the room understands the issue the same way, and invites other participants to add to the discussion. Evaluation comments consistently remark on Ms. Brown’s friendly, open style. Ms. Brown conducted nearly all the facilitation activities in all four of the City of Phoenix strategic planning projects described above. In addition, she has facilitated decision-making processes in several not-for-profit organizations, including: • Big Brothers Big Sisters of Phoenix; • Herberger Theater of Phoenix • University of Arizona Alumni Association Much of her work has been facilitating groups of people in for-profit organizations. Unlike strategic planning, the process of facilitating groups in for-profit organizations is substantially the same as facilitating groups in public or not-for-profit sector organizations. Ms. Brown’s relevant facilitation experience, therefore, also includes: • American Express • Atlantic Marine • Del Webb (now Pulte) • Hamilton Sundstrand • Honeywell • Kearney Electric • Mayo Clinic • Occidental Petroleum • Phelps Dodge • St. Jude Medical • United Technologies Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 8 - January 10, 2005 In addition to Ms. Brown’s expert facilitation skills, Mr. Blackerby is also a highly-skilled facilitator. He has participated in the facilitation of all the strategic planning activities listed in the previous subsection, including the most recent City of Phoenix projects, and two FastTrac business planning training programs in 2004. While Mr. Blackerby has the requisite skills and experience, he will generally play a secondary or backup role, so that Ms. Brown can present a consistent and familiar face to the participants. c. Primary Research, Including Focus Groups The focus groups (Subtask 4.3) will be conducted by O’Neil Associates, Inc., subcontractor to Blackerby Associates. Biographical information for key personnel and a résumé for Principal Michael J. O’Neil, Ph.D., are in Appendix C. O’Neil Associates qualifications include: Broad Experience O’Neil Associates has conducted over 1,400 opinion research projects since 1981. Strong dedication to client service and uncompromising standards of excellence have resulted in a list of satisfied clients ranging from Fortune 100 companies to utilities, banks, hospitals, public agencies, and other major institutions in Arizona and throughout the nation. Full Service Nearly all projects conducted by O’Neil Associates— whether surveys or focus groups — have involved ultimate responsibility for every phase of the research process, from project inception to project completion. This experience includes questionnaire development; population sampling; hiring, training, and supervision of interviewers; data collection; data coding, editing, cleaning and processing; and analysis. State-of-the-Art Methodology O’Neil Associates has a strong professional commitment to the development of its discipline. As a result, the firm’s background in survey research extends beyond experience with conventional methods. Its effort to develop state-of-the-art survey research methodology has resulted in oft- cited published papers and national conference presentations. More importantly, it has incorporated the products of these methodological efforts into standard procedures. Credibility In addition to the weight that comes with a two decade history, O’Neil Associates findings have been widely reported in national and local media including the New York Times, National Public Radio, ABC Nightly News, Good Morning America, and Nightline as well as hundreds of articles in print media and numerous mentions and staff appearances on radio and television programming. This positive and continuous observance and coverage of results translates into immediate recognition and credibility should clients decide to release their results publicly. Facilities O’Neil Associates has been located in company-owned facilities since 1984. The building features both a centralized telephone facility equipped with Computer Assisted Telephone Interviewing (CATI) and an executive focus group facility. The focus group suite, completely remodeled in 1999, includes a spacious 18 by 24 foot executive conference room; a three-tiered viewing room with seating for 15 behind a wall-to-wall floor-to-ceiling one-way mirror; Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 9 - January 10, 2005 comfortable executive-style leather chairs in both rooms; an enhanced audio system upgraded in 2002; and video recording and monitoring as well as operator-assisted video capabilities. Professional Research Interviewing O’Neil Associates Field Supervisors are responsible for training interviewers, ensuring the quality and consistency of the interviewing, and validating completed interviews by making supervisory callbacks. Each interviewer is monitored randomly by the Field Supervisors, whose desk is located in the center of the phone bank allowing for direct, continuous observation of the entire room. Monitoring is accomplished by use of a dual, silent monitoring system that cannot be detected by either the respondent or the interviewer. Supervisors grade their interviewers on procedures such as explanation of the survey, reading questions verbatim, following skip patterns, probing techniques, objectivity (not biasing), refusal conversion, courteousness and overall voice and diction. Using this monitoring system, the Supervisors are able to provide instant feedback to an interviewer, offering positive suggestions and recognizing successes. Data Processing Primary data processing is handled by more than 25 networked personal computers. Much of the data cleaning and tabular processing is performed with in-house proprietary software that has been designed to be easy to read for the layman while still providing the comprehensive data needed for thorough analysis. In addition, we use a variety of commercial statistical packages, such as SPSS, Abtab, Stata, Scout, and Kwikstat for specialized applications. Ethical Commitment Over the years, O’Neil Associates has adhered to a rigorous set of ethical and professional standards. These include, but are not limited to, the code of standards of the American Association of Public Opinion Research (AAPOR), the nation’s premier survey research industry association of which we have been a member for over 25 years. d. Project Management Mr. Blackerby has extensive experience as a project manager for complex projects involving lots of participants. His most recent experience includes: • The four City of Phoenix strategic planning project described above. In particular, the Head Start project involved coordinating the independent activities of 14 delegate agencies (contractors), plus the City staff, to make the resulting consolidated documents appear to be designed and written by a single person. • Development of a Professional Business Advisor training program for the National Institute of Standards and Technology, Manufacturing Extension Partnership. Mr. Blackerby managed the development of this four-day course on time and under budget, while telecommuting from his home in Las Cruces, NM, to the headquarters in Gaithersburg, MD. This project involved coordinating the activities of a primary training materials development contractor in Arlington, VA; three independent consultants respectively located in Los Angeles, Salt Lake City and Waterboro, ME; an IT programmer in Portland, ME, and supervisory and project support personnel located in Gaithersburg. The resulting materials were approximately three inches thick, and included approximately 25 participant exercises. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 10 - January 10, 2005 • Formal training in the use of Microsoft Project software in 2000, sponsored by the National Institute of Standards and Technology. This software package was used to manage development projects throughout the organization, and supervisors used it to monitor project progress. In addition, Mr. Blackerby used Microsoft Project to develop standard management programs for consulting support packages he developed and deployed. 2. Proposed Plan of Action The following proposed plan-of-action will be structured in two parts: (1) around the Scope of Services contained in the RFP proper, and (2) around the tasks and subtasks in the Work Pro- gram section of the Fountain Hills Strategic Planning Process included in the RFP materials. Part One: Scope of Services in the RFP 1. Planning and Organization 1.1. Translate the Process into a detailed Action Plan (the “AP”) with activities, due dates and responsibilities Blackerby Associates will develop a detailed Action Plan as specified, and publish it in several forms, including an easy-to-understand word processing and spreadsheet document, a more technically-oriented project management file, using Microsoft Project or other appropriate project management software, and a web-based presentation that will empower the public to monitor progress against the AP. Blackerby Associates has created special web pages for several public sector strategic planning clients in the past, structured around their plan-to-plan document. Blackerby Associates will either create and host a web page for this project within its own domain, or create and host a new domain for the project, or create the materials consistent with and for hosting on the Town’s web site. If the Town prefers to host the materials itself, then it should establish procedures that permit the web site to be updated regularly on short notice. 1.2. Work through the AP with the TAC and various stakeholder groups and outside resources which they identify. Blackerby Associates will present the AP to the TAC, and prepare a presentation to the public for the project kick-off event (see Work Plan Subtask 2.2., below), as well as any other group the TAC may designate. 1.3. Publish a weekly progress email to all interested parties as a monitoring and communications tool. Blackerby Associates will prepare and send out a weekly email to all interested parties showing progress against the AP during the previous week. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 11 - January 10, 2005 1.4. Create and maintain a master organization schematic that identifies subgroups and their reporting structure. Blackerby Associates will prepare and maintain a series of organization charts for the project, showing the TAC and its subgroups, Town Staff organization, and the relationships of other interested groups to the TAC. Blackerby Associates will post and update these charts on the project web site. 1.5. Coordinate and maintain a “report back” system whereby subgroup chairs also provide weekly reports on progress and issues. Blackerby Associates will regularly poll subgroup chairs by email for their weekly progress reports, and include summaries of their progress reports in the weekly project progress emails sent to all interested parties (see 1.3., above). 2. Delegation: 2.1. Assist the TAC in identifying and mentoring subgroup chairs as their project segments move forward. Blackerby Associates will regularly meet with subgroup chairs to identify their support needs, and to find ways to make their jobs more productive. As needed, Blackerby Associates will meet with subgroup chairs one-on-one for intensive support or training. 2.2. Work with TAC to ensure that volunteer responsibilities are clear, simple and well understood. Develop a volunteer base and implementation plan for utilizing this group. Blackerby Associates will work with the TAC to prepare a brief job description for key volunteer positions, using simple and clear language in a standard form. Blackerby Associates will develop a database of volunteers’ contact information, and make this source available to TAC members and others as appropriate, consistent with the Town’s privacy policy. The master control system based around the AP will include tasks assigned to volunteers, to ensure that the Town benefits from volunteer work, and that volunteers feel appreciated for their efforts. 3. Control. 3.1. Tightly control the project budget, providing monthly report to the Town Manager. Blackerby Associates will continuously monitor all time and other direct expenses to the project through its own internal accounting system. Blackerby Associates will provide a monthly expense report to the Town Manager, along with an invoice for progress payments. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 12 - January 10, 2005 3.2. Drive all aspects of the project to completion, on budget and on time. Blackerby Associates will do everything possible to ensure that the project is completed on budget and on time. One key to timeliness is to schedule key events well in advance, and to focus on ensuring that deliverables needed for those key events is produced on time. As long as the key events happen on schedule, the project should be completed on schedule. While the actions—or lack of actions—of citizen volunteers are not controllable, establishing realistic deadlines, careful monitoring of progress and regular communications are tools to ensure that project objectives are met. 4. Communication: 4.1. Work with communications resources to coordinate oral and/or written presentations that will carry a consistent, clear and simple message. The facilitator will work with the Town to choose a qualified communication company to assist the project. Blackerby Associates will be pleased to work with the Town Staff to select a qualified communications company, and to work cooperatively with any communications company the Town may select. In fact, Blackerby Associates welcomes assistance with document and presentation design, and content editing for simplicity and clarity. Blackerby Associates has no conflicts of interest with any communications company. Expenses for the communications company are outside the scope of this proposal. 4.2. Establish and maintain productive dialog with stakeholders and providers of outside services. Blackerby Associates has extensive experience working cooperatively with stake- holders and outside service providers to achieve common goals and objectives. Clear and frequent communications are key elements in maintaining a productive dialog. As an independent consultancy not located in Fountain Hills, Blackerby Associates has no stake in the specific issues that will be discussed through the strategic planning process, and Blackerby Associates is not aligned with any specific or organized interest in the Town. Blackerby Associates envisions its role as a facilitator of the process, to serve and support the TAC, the Town Staff and the Town Council in making decisions about the future of the Town. As facilitator, Blackerby Associates will be very concerned about the strategic planning process, but not at all concerned about the specific strategies that are planned. 4.3. Supervise and participate as necessary in the speakers’ bureau, meeting with a cross- section of local organizations to underscore the “citizen driven” aspect of the project. Blackerby Associates will make presentations and respond to questions at meetings of local organizations as needed, but a more valuable approach is to involve the members of the TAC in the speakers’ bureau. Blackerby Associates will be more effective as a coordinator, scheduler and support service for TAC members who will speak to local Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 13 - January 10, 2005 organizations. Blackerby Associates will accompany TAC members who want additional support, to stand by and respond to more technical questions that the TAC member may want to refer to the supporting consultant. 4.4. Write key interim documents and final strategic plan with support and guidance from the TAC. Blackerby Associates’ role will be to ensure that the TAC’s conclusions comprise the key messages of the strategic plan, and to ensure that the final plan document, which Blackerby Associates will draft, edit and produce, communicates the TAC’s conclusions in a clear and simple manner. 5. Project Enhancement Analyze project requirements and recommend steps to increase efficiency, streamline the schedule, or improve effectiveness of the process as it unfolds. The Blackerby Associates team has great experience in managing and supporting public sector strategic planning projects, and also has extensive experience in process improvement techniques. This experience will enable Blackerby Associates to bring suggestions to the TAC for ways to improve the process, consistent with the goals of inclusiveness, simplicity, financial responsibility and realism. 6. Summary of Major Written Deliverables 6.1. Strategic Position Report (see Part Two, Work Program, Subtask 2.5., below). 6.2. Community Values, Vision and Focus Report (see Part Two, Work Program, Subtask 3.3., below). 6.3. Conduct Planning Retreat and issue report (see Part Two, Work Program, Subtask 4.1., below). 6.4. PowerPoint Presentation on Planning Retreat Report (see Part Two, Work Program, Subtask 4.1., below). 6.5. Draft Fountain Hills Strategic Plan Report (see Part Two, Work Program, Subtasks 4.7. and 4.8., below; note that the numbering of Subtasks differs from the Work Program document, due to duplication). 6.6. Final Strategic Plan Report, including PowerPoint presentation (see Part Two, Work Program, Subtasks 4.7. and 4.8., below; note that the numbering of Subtasks differs from the Work Program document, due to duplication). Part Two: Work Program, Fountain Hills Strategic Planning Process Task 1. Refine for Town Council acceptance the Project Mission and Process Work Plan Subtask 1.1. Strategic Plan Technical Advisory Committee This subtask has already been achieved by the Town Staff . Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 14 - January 10, 2005 Subtask 1.2. Public Involvement Plan (PIP) This subtask has already been achieved by the Technical Advisory Committee (TAC). Subtask 1.3. Council Approval This subtask has already been achieved by the Town Council, December 16, 2004. Subtask 1.4. Public Involvement Database This subtask will be achieved by Town Staff. Blackerby Associates will adopt whatever software is convenient to access this database as needed, while complying with the Town privacy policy. As participation in the project expands, Blackerby Associates will add to and update the database. Postage and other direct expenses associated with inviting individuals and organiza- tions to public outreach events and to distribute direct mail, will be the Town’s responsibility. Phase One Product: Town Council Approval of the Strategic Plan Process Work Program and Schedule. This product has been delivered, as the Town Council approved the Strategic Plan Process Work Program and Schedule December 16, 2004. Task 2. Establish a project identity and conduct analysis of the existing situation and projections. Subtask 2.1. Project Identity. This subtask will be achieved by the Town Staff and the communications company it selects. Blackerby Associates will be pleased to work cooperatively with any communications company the Town may select, and has no conflicts of interest with any communications company. Expenses for the communications company are outside the scope of this proposal. Subtask 2.2. Strategic Planning Kick-Off Event. While primary responsibility for this task is assigned to the TAC, if the contract is executed in time, Blackerby Associates will support the TAC and facilitate development of the agenda, handout materials and other programmatic or organizational tasks for this event. The Town will provide facilities and materials reproduction for this event. Subtask 2.3. Development of Regional and Local Analysis. While primary responsibility for this task is assigned to the Town Staff and TAC, Blackerby Associates will support this process by organizing the socio-economic data, developing presentation materials (PowerPoint presentations and/or poster graphics), and preparing the information for publication on the project web site, accessible to anyone with Internet access. The Town will provide materials reproduction for this Subtask. Blackerby Associates will support the Town Economic Development Staff in evaluating economic indicators of the condition of the local economy, the community-identified SWOT analysis, and conclusions on growth trends. Mr. Blackerby’s degree in economics, with a concentration in urban growth policies, makes him familiar with the types of data and analysis envisioned. The resulting presentation materials will be concise, easy to understand and direct. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 15 - January 10, 2005 Blackerby Associates will support the Town Staff and TAC in summarizing and projecting the Town’s financial situation. Mr. Blackerby’s long experience in government finance makes him familiar with the types of data and analysis envisioned, and Blackerby Associates will be able to ensure that the resulting presentation materials are concise, easy to understand and direct. Blackerby Associates will support the Town Staff in summarizing the inventory of current community assets; forecasting existing and replacement needs; developing analyses of current and projected land uses; and analyzing future infrastructure needs based on the projections. Subtask 2.4. Public Interviews. Blackerby Associates will support the TAC in developing an interview guide, with opening questions, topic questions and closing questions, based on the SWOT analysis. Blackerby Associates will also help the TAC identify and select interviewees, to ensure a a balanced representation of all the key interests and viewpoints. While the TAC will be responsible for conducting and documenting the interviews, Blackerby Associates will support their activities by suggesting a documentation structure, and by editing the documentation into clear, simple and accurate language. Blackerby Associates will produce a comprehensive summary report of the TAC’s documentation of all the interviews. The Town will provide facilities for this Subtask. Blackerby Associates will conduct a content analysis of the interview documentation to develop common themes and divergent viewpoints across the various stakeholder groups interviewed. Subtask 2.5. Strategic Position Report. Blackerby Associates will assemble all the information collected in Task 2 (input from the earlier SWOT analysis, kick-off event results, regional and local analyses and public interviews), and support the TAC in developing the Fountain Hills Strategic Position Report (reference Deliverable 6.1.). The Town will provide printing and reproduction for this Report. Under guidance from the TAC, Blackerby Associates will summarize and organize the informa- tion by topic, focusing on the key issues identified in the process so far. Blackerby Associates will work with the communications company to produce a document for public consumption, that presents the issues fairly and in an interesting way, using clear, concise and simple language that is easy to understand. Blackerby Associates will also develop a PowerPoint presentation to summarize the Strategic Position Report, with support from the communications company. This presentation will be useful in presenting the Strategic Position Report to the Town Council, and to members of the public in subsequent subtasks. Subtask 2.6. TAC Committee. Blackerby Associates will support the TAC as it plans public visioning events; solicits volunteers and trains them to facilitate; develop schedules, events and expected outcomes; and identifies materials, communications, invitations and press relations. The Blackerby Associates Team has Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 16 - January 10, 2005 extensive experience with envisioning exercises, and will be able to help the TAC plan these events. Blackerby Associates will also support the TAC in developing the materials and communications it decides to produce. Subtask 2.7. Project Newsletter #1. While primary responsibility for the Project Newsletter rests with the communications company and the TAC, Blackerby Associates will support this process by suggesting topics, writing first drafts of materials, and other support as needed. Phase Two Product: Town Council Report on the Strategic Position Report. The TAC may use the PowerPoint presentation developed under Subtask 2.5. to present the Strategic Position Report to the Town Council for its consideration. Blackerby Associates personnel will be present at the meeting to serve as a resource to the TAC in its presentation. Task 3. The development of the community values, vision, and focus areas. Subtask 3.1. Conduct Youth Visioning Institute. Blackerby Associates will support the TAC and Mayor’s Youth Council to organize and, if requested by the TAC, facilitate a Youth Visioning Institute. Typically, “envisioning” exercises encourage small groups of participants to use visual media (drawing, collage, sculpture, etc.) to create their shared vision of a future. Blackerby Associates conducted just such an exercise with its 2004 City of Phoenix Senior Services strategic planning project. This process sometimes begins with a calming or meditative exercise to enable participants to access their “right brain” functions. When engaging “right brain” visual media, rather than “left brain” writing, many people are able to express themselves more clearly, using emotions rather than intellect to process information. Once the visions are developed, participants share them with and explain them to the larger group. The facilitator then facilitates a discussion of each set of ideas, and develops lists of similarities and differences. As time allows, the facilitator may help the group process the information further, to hone in on key issues that may prevent or enable their visions to become reality. In this way, participants are able to access their real concerns and express them in a safe environment. The Town will provide facilities for this event. Subtask 3.2. Conduct Fountain Hills Town Hall. Blackerby Associates will support the TAC, and lead the facilitation team for the Town Hall process. The key goal of this process is to generate a community-wide consensus on some elements of a vision for the Town and shared values. Blackerby Associates will: work with the TAC to develop the objectives and agenda for the Town Hall event (an evening social event, plus an all-day Town Hall meeting); work with the communications company to develop a comprehensive publicity campaign to attract participants, and develop handout and poster materials; plan how the activities will be conducted within the facility; train volunteer facilitators for small-group discussions; facilitate the large-group discussions; develop methods to evaluate the session; and document the proceedings and evaluation results. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 17 - January 10, 2005 A key handout provided to advance registrants will be the Strategic Position Report (see Subtask 2.5., above). The accompanying PowerPoint presentation will also be a valuable resource to meet the communication and education objectives of the meeting. Blackerby Associates may also develop other materials, such as to address the Town’s history factually. Activities, which may begin at the previous-evening’s social dinner, will likely include: a presen- tation of historical issues; a presentation of the current trends and associated issues from the Strategic Position Report; an envisioning exercise (see discussion under Subtask 3.1., above), focused on alternative futures for the Town; and exercises to develop and reach consensus on some community values, some elements of a common vision, and important strategic issues (focus areas) that will require more discussion. The intended outcome of the meeting will be some areas of general agreement related to vision and values, and a list of other focus areas (high-level strategic issues) where consensus could not be reached in the time available. Direct expenses associated with materials, reproduction, supplies, catering and meeting space for this Town Hall event are outside the scope of this proposal. Subtask 3.3. Community Values, Vision, and Focus Areas – The Fountain Hills Strategic Framework. Blackerby Associates will support the TAC to develop a Community Values, Vision and Focus Areas – The Fountain Hills Strategic Framework Report documenting the input received and results of the Town Hall, emphasizing the vision, values and focus areas. This Report will serve as the basis for further discussions in developing the Fountain Hills strategic plan (reference Deliverable 6.2.). The Town will provide printing and reproduction for this Report. With support from the communications company, Blackerby Associates will also develop a PowerPoint presentation summarizing this Report, to facilitate the discussions that will follow. Subtask 3.4. Project Newsletter #2. While primary responsibility for the Project Newsletter rests with the communications company and the TAC, Blackerby Associates will support this process by suggesting topics, writing first drafts of materials, and other support as needed. Phase Three Product: Town Council Presentation on the Strategic Framework Report. The TAC may use the PowerPoint presentation developed under Subtask 3.3. to present the Community Values, Vision and Focus Areas – The Fountain Hills Strategic Framework Report to the Town Council for its consideration. Blackerby Associates personnel will be present at the meeting to serve as a resource to the TAC in its presentation. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 18 - January 10, 2005 Task 4. The development of the Fountain Hills Strategic Plan. Subtask 4.1. Conduct Planning Retreat. Blackerby Associates will work with the TAC to plan, organize and facilitate a half-day strategic planning retreat with key staff members, TAC members and other invited community leaders. The agenda will include: a review of all information collected to date; a facilitated discussion of the strategic direction; facilitation of a more detailed plan for upcoming events; facilitated evaluation of the process to date; and a facilitated discussion of expectations for the final Fountain Hills Strategic Plan. Blackerby Associates will also produce a Planning Retreat Report that summarizes the results of the retreat, including conclusions and recommendations, and an accompanying PowerPoint presentation summarizing the key elements of the report (reference Deliverables 6.3. and 6.4.). The Town will provide printing and reproduction for this Report. Direct expenses associated with materials, reproduction, supplies, catering and meeting space for this Retreat are outside the scope of this proposal. Subtask 4.2. Town Council Presentation. The TAC may use the PowerPoint presentation developed under Subtask 4.1. to present the Planning Retreat Report to the Town Council for its consideration. Blackerby Associates personnel will be present at the meeting to serve as a resource to the TAC in its presentation. Subtask 4.3. Focus Groups. Blackerby Associates will conduct four focus group discussions. Blackerby Associates will be responsible for: designing the focus group process to meet the TAC’s objectives; developing the focus group discussion agenda with input from the TAC; recruiting and paying focus group participants; capturing the focus groups in video and audio formats; analyzing the results of the focus group sessions; and producing a report summarizing the process and discussions, and laying out the analysis of the focus group results. Blackerby Associates expects to achieve the TAC’s goals for the focus group process, which include: to deliberate of potential strategic policies or strategies to address the values, vision and focus areas; and to test financial or revenue-generating options to support the strategies. Based on this focus groups report, Blackerby Associates will develop a Town Hall Discussion Paper that melds the Strategic Framework Report, the Planning Retreat Report and the focus groups results report, identifying vision and values elements with a seeming consensus, focus areas for the strategic plan, and viable financing options for plan implementation. Designing, conducting and analyzing focus group discussions is a highly technical process that can yield very valuable results if conducted properly. A member of the Blackerby Associates team, O’Neil Associates, has extensive expertise and experience in the focus group process, and Blackerby Associates proposes that it be primarily responsible for conducting and analyzing the focus groups, rather than the TAC. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 19 - January 10, 2005 Each focus group will likely include heterogeneous populations of different ages, genders, pro- fessions and family structures, in order to evaluate the validity of issues by their recurrence in different groups. Participants will be recruited to ensure that a broad cross-section of Fountain Hills citizens is represented in each group, so that each voice may be heard. Participants will be paid a modest stipend to ensure that community activists are not the only participants. Sessions will be conducted in early evenings, to enable working adults to participate. The Town will provide meeting facilities for this Subtask. While the sessions will be recorded for purposes of analysis, the recordings will be protected in conformance with the Town’s privacy policy. Subtask 4.4. Project Newsletter #3. While primary responsibility for the Project Newsletter rests with the communications company and the TAC, Blackerby Associates will support this process by suggesting topics, writing first drafts of materials, and other support as needed. Subtask 4.5. Conduct Second Town Hall. Blackerby Associates will support the TAC, and lead the facilitation team for a second Town Hall meeting. Key goals of this process are to discuss potential policies to implement, under conditions of long-term sustainability and other commonly-held values, the Fountain Hills vision, including a full discussion of the financial and funding options and other implications of potential strategies. Blackerby Associates will endeavor to discover areas of consensus among participants on these issues. Blackerby Associates will: work with the TAC to develop the objectives and agenda for the Town Hall event (an evening social event, plus an all-day Town Hall meeting); work with the communications company to develop a comprehensive publicity campaign to attract participants, and develop handout and poster materials; plan how the activities will be conducted within the facility; train volunteer facilitators for small-group discussions; facilitate the large-group discussions; develop methods to evaluate the session; and document the proceedings and evaluation results. A key handout provided to advance registrants will be the Town Hall Discussion Paper (see Subtask 4.3., above). The accompanying PowerPoint presentation will also be a valuable resource to communicate and educate participants. Blackerby Associates may also develop other materials as needed. Activities, which may begin at the previous-evening’s social dinner, will likely include: a summary of activities to date; a presentation of the Town Hall Discussion Paper; a facilitated discussion of the implications of strategic policy options described in the Discussion Paper; a series of exercises to identify chief concerns about these implications; and exercises to develop and reach consensus on the financial, funding and other implications of these policy options. The intended outcome of the meeting will be some areas of general agreement related to the strategic direction of the Town, the fiscal and political means to move in that strategic direction, and a list of other strategic issues where consensus could not be found in the time available. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 20 - January 10, 2005 Blackerby Associates will produce a report summarizing the results and evaluation of this second Town Hall event. Direct expenses associated with materials, supplies, catering and meeting space for this Town Hall event are outside the scope of this proposal. Subtask 4.6. Conduct Community Survey. Blackerby Associates will work with the selected survey firm to design and develop a statistically-valid community-wide survey. Blackerby Associates team members have extensive experience in survey design, implementation and analysis. Because of the extensive work that will have been completed at this stage in the strategic planning process, this survey should be able to validate the public input received so far, and ensure that the eventual strategic plan will be well-received among the Town’s population. As instructed by the RFP, p. 4, item 4, expenses for the conduct of the community survey are excluded from this proposal. Subtask 4.7 Draft Fountain Hills Strategic Plan Under guidance from the TAC, Blackerby Associates will develop a draft Fountain Hills Strategic Plan for review by the Town Staff, the TAC, elected officials and the public. Com- ments on the draft Strategic Plan will be solicited, and Blackerby Associates will document and analyze those comments in a report to the Town Staff and the TAC (reference Deliverable 6.5.). The Town will provide printing and reproduction for this document. As instructed by the Town Staff and TAC, Blackerby Associates will incorporate the substance of selected comments into the draft to create a final Fountain Hills Strategic Plan. Blackerby Associates will also develop an accompanying PowerPoint presentation summarizing the final Strategic Plan (reference Deliverable 6.6.). The Town will provide printing and reproduction for this document. Subtask 4.8. Town Council Approval The TAC may use the PowerPoint presentation developed under Subtask 4.7. to present the final Fountain Hills Strategic Plan to the Town Council for its consideration. Blackerby Associates personnel will be present at the meeting to serve as a resource to the TAC in its presentation (reference Deliverable 6.6.). In the event the Town Council may decide to make some last-minute changes to the Fountain Hills Strategic Plan, Blackerby Associates will document those changes and produce an adopted version of the Fountain Hills Strategic Plan (reference Deliverable 6.5.). The Town will provide printing and reproduction for this document. Subtask 4.9. Celebratory Public Open House Blackerby Associates will organize and host, in the name of the TAC, a celbratory open house to unveil the Fountain Hills Strategic Plan. The event will be open to the public, with special invitations to everyone who participated. The brief program will showcase the final document, Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 21 - January 10, 2005 present a brief summary of its contents, and discuss its anticipated outcomes. Blackerby Associates will facilitate participants to provide feedback. Participants will be encouraged to stay involved in the plan’s implementation. Direct expenses associated with materials, supplies, catering and meeting space for this Public Open House event are outside the scope of this proposal. Phase Four Product Town Council Approved Strategic Plan. Blackerby Associates will produce an adopted version of the Fountain Hills Strategic Plan for distribution to the general public. The Town will provide printing and reproduction for this document. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 22 - January 10, 2005 3. Timeline Blackerby Associates proposes to follow the schedule in the Work Plan document, except for Subtasks scheduled for January 2005. The chart below generally highlights due date events, not preparation time. A more complete Gantt chart will be prepared as part of the Action Plan. Any significant changes from the base schedule will be shown in the Action Plan and approved in advance by the TAC and Town Staff. All members of the Blackerby Associates team have time available on their schedules to accomplish this all the Subtasks in accordance with the following schedule. 2005 J A N F E B M A R APR MAY JUN JUL A U G SEP OCT NOV DEC Week 3 10 17 24 31 7 14 21 28 7 14 212841118252916233061320274111825 1 8 152229512192631017243171421285121926Subtask 1.1. 1.2. 1.3. 1.4. X X X X X X X X X X XXXXXXX XXXXXXXX2.1. X X 2.2. X 2.3. X X X X X X X 2.4. X X X 2.5. X 2.6. X 2.7. X 3.1. X 3.2. X 3.3. X 3.4. X 4.1. X 4.2. X 4.3. XX 4.4. X 4.5. X4.6. XXXX4.7. X4.8. X4.9. X Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 23 - January 10, 2005 4. Proposal Cost Blackerby Associates requests that the initial contract be through December 2005, as the Work Plan schedule calls for activities through December. The Blackerby Associates total proposed cost for this project, as described in this proposal, is $60,000.00 (Sixty Thousand Dollars). The flat monthly cost is summarized in the table that follows. If the Action Plan results in a significant re-scheduling of the project Subtasks, Blackerby Associates may request a realignment of the payment schedule consistent with the Action Plan schedule. Month Payment % Payment Amount January 5.0% $ 3,000 February 10.0% 6,000 March 15.0% 9,000 April 5.0% 3,000 May 0.0% 0 June 10.0% 6,000 July 35.0% 21,000 August 10.0% 6,000 September 0.0% 0 October 0.0% 0 November 5.0% 3,000 December 5.0% 3,000 Total 100.0%$ 60,000 Amounts bid are all-inclusive, except as noted below. As instructed, these costs exclude the cost of the scientific survey. All meeting facilities to be provided by the Town. Reproduction and publication of reports and handouts for large meeting to be provided by the Town. Catering services appropriate for any meetings to be provided by the Town. Postage and printing for mailings to be provided by the Town. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 24 - January 10, 2005 5. References Todd Bankofier, President/CEO Arizona Technology Council 1295 West Washington Street Suite #104 Tempe, AZ 85281 Tel: (602) 343-8324 TBankofier@AZTechCouncil.org As head of the Arizona Technology Council, Mr. Bankofier oversaw Mr. Blackerby’s services to helping the Public Policy Committee develop its legislative agenda and endorsements. Moises “Moe” Gallegos, Deputy Director Community Services Division Human Services Department City of Phoenix 200 W. Washington St., 17th Floor Phoenix, AZ 85003-1611 Tel: (602) 262-4522 moises.gallegos@phoenix.gov Blackerby Associates (Mr. Blackerby and Ms. Brown) has worked with Mr. Gallegos to develop a strategic plan for the 100-employee Community Services Division, Human Services Department, City of Phoenix. Doris Marshall, Deputy Director Senior Services Division Human Services Department City of Phoenix 200 W. Washington St., 17th Floor Phoenix, AZ 85003-1611 Tel: (602) 262-7379 doris.marshall@phoenix.gov Blackerby Associates (Mr. Blackerby and Ms. Brown) has worked with Ms. Marshall to develop a strategic plan for the 200-employee Senior Services Division, Human Services Department, City of Phoenix. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 25 - January 10, 2005 Karen Smith, Admin. Services Coordinator Head Start Program Education Division Human Services Department City of Phoenix 200 W. Washington St., 19th Floor Phoenix, AZ 85003-1611 Tel: (602) 495-5671 karen.smith@phoenix.gov Blackerby Associates (Mr. Blackerby and Ms. Brown) has worked with Ms. Smith on the City of Phoenix grant re-funding submission for the Head Start Program, including a half-day strategic planning retreat. Elizabeth Reuthe, President Elizabeth Reuthe Associates, Inc. RR 2, Box 105 Cross Hill Road Vassalboro, ME 04989 Tel: (207) 923-3511 elizabeth@ereuthe.com Blackerby Associates (Mr. Blackerby) has worked with Ms. Reuthe on several projects, including two strategic planning projects for the Florida and New Mexico Manufacturing Extension Partnerships, management of the highly-complex Professional Business Advisor training program, and facilitated definition of the Professional Business Advisor job description. 6. Designation of Primary Facilitator The Primary Facilitator, responsible for managing the project, will be: Phillip Blackerby, M.P.Aff. 5402 East Exeter Blvd. Phoenix, Arizona 85018 Tel.: 602-908-1082 Fax: 602-952-1310 Email: Phillip@BlackerbyAssoc.com Web: www.BlackerbyAssoc.com Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 26 - January 10, 2005 Appendix A: Phillip Blackerby, M.P.Aff. 5402 East Exeter Blvd. ● Phoenix, Arizona 85018 Tel. 602-908-1082 ● Fax 602-952-1310 phillip@BlackerbyAssoc.com ● www.BlackerbyAssoc.com Demonstrated Knowledge, Skills and Abilities Strategic Planning • Facilitated strategic group decision-making processes for dozens of organizations. • Developed original strategic planning methodology for public and not-for-profit sectors. • Developed and delivered training in strategic planning techniques to hundreds of people. Organizational Effectiveness • Won over $1 million in federal, state and foundation grants. • Streamlined processes, cut costs and improved customer service. Management and Systems • Managed development and deployment of business planning and enterprise-wide transformation tools for small manufacturers. • Developed, administered and analyzed customer satisfaction surveys. • Implemented and improved accounting and management information analysis systems. • Co-created four successful businesses; managed operating units with up to 23 staff Training Development & Delivery • Designed and developed training programs using rigorous educational development methods. • Delivered training using multiple presentation media and Socratic method. • Evaluated training effectiveness using pre-training and post-training assessments. Financial Management • Negotiated with banks for lockbox fees and clearance schedules for accounts receivable. • Improved accounting systems and cost accounting procedures for complex organizations. • Analyzed and planned management of cash flows using tax-exempt commercial paper. • Managed state agency budgets to $96 million; helped develop 30 agency budget documents. e-Commerce, Internet and Other Computer Skills • Developed user specifications and procedures for extranet integrated knowledge network sharing information assets throughout an extended enterprise. • Developed and deployed complete World Wide Web presentations for consultancies and leisure travel e-business. • Expert in a wide variety of computer applications under Windows, DOS, MacOS. Legislative Relations • Expert in state legislative appropriations processes. • Proposed and lobbied for passage of state legislation to improve security of rental housing. • Analyzed state and federal legislative issues; developed legislative strategies. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 27 - January 10, 2005 Professional Experience • Blackerby Associates, Inc., Phoenix, 2002-present. Principal Consultant to organizations transfor- ming to high performance: facilitation, strategic planning, organization management and development, team building, grant writing, coaching, lean manufacturing. • Arizona Manufacturing Extension Partnership, Scottsdale, 2001-02; Lead Project Manager; Professional Business Advisor: consultant to small manufacturing CEOs, providing coaching, diag- nostic, strategic planning, transformation planning and management services. • National Inst. of Standards & Tech., Manufacturing Extension Partnership, Gaithersburg, 1997- 2001; led design and development of Professional Business Advisor position, cornerstone of enter- prise transformation strategy. Wrote standards for national products and service quality; team won Uriano Award (2001). Developed consulting tools for client transformation, lean enterprise, business planning and management systems. Edited four volumes of case studies. Evaluated program to improve competitiveness of small manufacturers. Evaluated advanced technology grant proposals. • Performance Strategies, Inc., and predecessor, Austin, 1986-97. Principal Consultant of firm that empowers people and organizations to envision their success, create their opportunities, assess their strengths and resources, and increase their effectiveness. • Preferred Travel Agency, Austin, 1994-99; co-owner, webmaster and comptroller for full-service travel agency e-business. • Energy Design Assistants, Inc., Austin, 1988-90; General Manager. Analyzed performance and evaluated tax impact of energy efficiency recommendations for school buildings. • Texas Treasury Department, Austin, 1983-86; Associate Deputy Treasurer; Member, Executive and Computer Resources Management Committees. Directed internal financial policy, appropriations, internal accounting, Annual Report, personnel, support services. • Texas Comptroller of Public Accounts, Austin; Budget Director, 1978-82; Budget and Evaluation Analyst, 1976-78. Directed internal financial policy, legislative appropriations; managed $96 million budget; improved cost accounting; evaluated telecommunications, information systems, personnel assessment and tax administration programs. • U.S. General Accounting Office, Washington, D.C., 1974-76; Management Auditor. Developed and implemented program planning system for federal program evaluations, currently in use; evaluated trade with oil-exporting countries. Education • Master of Public Affairs, Lyndon B. Johnson School of Public Affairs, The University of Texas at Austin, 1974; concentration in energy and urban growth management policies. • Bachelor of Arts, Economics (Honors), Brown Univ., Providence, 1972; urban studies concentration Publications • “3 Bills to Grill Your Legislator On,” TechConnect, Ariz. Tech. Coun., Phoenix, vol. 1(3), Fall 2004. • Editor: MEP Successes; Case Study Series: More Transformed Firms (v5, May 2000); Transformed Firms (v4, Apr. 1999); Exemplary Projects (v3, Nov. 1998); Workforce Development (v2, Sep. 1998; co-author, “Rheaco, Inc.”), NIST Manufacturing Extension Partnership. • “The MEP Evaluation Approach: Past, Present & Future,” in Manufacturing Modernization, P.A. Shapira and J. Youtie, Eds., Georgia Inst. of Technology, Atlanta, 1998 (co-author). • Armed Forces Comptroller, American Soc. of Military Comptrollers, Alexandria, VA: “GPRA Strategic Planning: Start Here; How to Develop a Plan-to-Plan,” vol. 39(2), 1994. “Strategic Planning: An Overview for Complying with GPRA,” and “History of Strategic Planning,” vol. 39(1), 1994. “Tips on Writing Effective Budget Justifications,” vol. 33(2), 1988 (co-author). • Strategic Planning for the Public Sector, Executive Co-Producer, Video Training Seminar, Performance Strategies, Inc., Austin, 1991. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 28 - January 10, 2005 Additional Professional Development • Accounting & auditing: The Accounting Game, Educational Discoveries, Inc., in Charlotte, 1999; Implementing Activity Based Costing, Michigan Mfg. Tech. Ctr., in Pittsburgh, 1999; Fundamentals of Accounting, Texas Tech Univ., in Austin, 1982; Adv. Management Auditing, 1975, and Manage- ment Auditing, 1974, U.S. General Accounting Office. • Certifications: FastTrac Manufacturing Instructor, Marketing-Administrator, 2004, 1999, Kauffman Fndn.; Professional Business Advisor, NIST, 2001; Certified Coach Facilitator, Corporate Coach U, 2000; Contracting Officer's Technical Rep., NIST, 1998. • Computer & applications: MSProject, 2000; Windows NT; Adv. Excel; Adv. PowerPoint; Intermed. Word, 1998, NIST; Fundamentals of Data Processing for Accounting and Financial Managers, in San Francisco, American Management Assoc., 1981. • Lean enterprise: Administrative Value Stream Mapping, Lean Enterprise Inst., 2003; TimeWise Lean 101 (T3), MEP MSI, 2001; Value Stream Mapping, NIST, 2000; 5-S System: Workplace Organi- zation & Standardization, Productivity, Inc., 2000; Principles of Lean Manufacturing, NIST, 1998. • Management & supervision: Supervisory Training, NIST, 1998; Workshop in Organizational Action, Center for Creative Leadership, 1984; Management Assessment, 1982; Basic Supervision, 1977, Texas Comptroller; Management Course for Controllers, American Management Assoc., 1980. • Professional Business Advisor: PBA Performance Institute Part 1, Executive Coaching; Part 2, Application of Core Skills, NIST, 2001. • Other: Art of Successful Selling, Attitude & Response Mgmt. Sys., 2001. • Strategic Planning Decision Models, Aly Abulleil, PhD, Aliah, Inc., 2000. • Presenting Data and Information, Edward R. Tufte, in Arlington, VA, 1999. • Case Study Methodology, Robert Yin, PhD, Cosmos Corp., 1998, 1997. • Thinking Outside the Lines, Rockhurst College Cont. Education Ctr., 1997. • Designing Customer & Employee Surveys That Work, David Sirota, PhD, 1997. • Performance Measurement, Harry P. Hatry, PhD, Urban Institute, 1997. Professional Conferences • Arizona Quality Alliance, Southern Arizona Conference on Performance Excellence, Tucson, 2003. • Manufacturing Extension National Conference, NIST and Modernization Forum: 1997-2000. • FastTrac national conference: Denver, 1999; Phoenix, 1998. • State Science and Technology Institute, national conference, Washington, 1997. • Small Business Innovation Research, national conference; Houston, 1994; Seattle, 1993. Community Responsibilities • Professional memberships: Arizona Tech. Coun., 2002-present, Vice-Chair, Public Policy Comm., 2003-present; Amer. Society for Training & Dev., 1989-98; Nat’l. Assoc. for Community Leadership, 1993-97; Austin Soc. for Public Admin., 1982-97; Texas St. Agency Bus. Admin. Assoc., 1984-85. • Austin Family House; residential chemical-dependency treatment center for women with their children; Board President, 1988-89; Board Member, 1985-96. • Lyndon B. Johnson School of Public Affairs, Univ. of Texas at Austin; Guest Lecturer, 1991. • Leadership Austin; Class of 1986-87; Mentor, Porter Middle Sch,, 1996; Comm. Mbr., “Kids Leadership Camp,” 1992-97; Curriculum Comm. Chair, “State/Federal Gov’t. Day,” 1988. • Comprehensive Community Needs Assessment for Austin / Travis County / United Way; Member, Technical Advisory and Key Informant Survey Committees; 1987-88. • Mayor's Select Committee on Fiscal Management, Austin; Subcommittee Chair, 1985-86. • Greater Austin Chamber of Commerce; Member, Quality of Life Forums Task Force, “Affordable Housing; Myth or Reality,” 1985. • Urban Transportation Commission, City of Austin; Commissioner, 1982-84. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 29 - January 10, 2005 Appendix B: Lynne Brown, M.S. 3104 E. Camelback Rd. No. 424 ● Phoenix, Arizona 85016 Tel. 602-553-8233 ● Fax 602-840-0422 lynnebrown@att.net ● www.EveryVoiceIsHeard.com Summary Lynne Brown is a recognized human resources and organization development leader with over 20 years experience as a human resources leader for Honeywell, United Technologies and American Express. She is a highly skilled facilitator, specializing in group, leader, and organiza- tion effectiveness. Her innovative work as human resources director for a United Technologies high-performance, team-based manufacturing facility resulted in benchmarking by many Fortune 500 companies. Her practical, hands-on experience in creating high performance teams has been implemented in many organizations. She has trained and coached numerous leaders from Fortune 500 companies. She founded her consulting firm, Lynne Brown and Associates, in 1996. Lynne received her MS in Organization Development from Pepperdine University. Experience Lynne Brown and Associates, LLC, Phoenix, AZ 1996 - Present Consultant • Facilitate development of collaborative relationships between employees and leadership through organization design, team/leader development, behavioral/competency-based inter- view training, coaching skills training, and interpersonal training using Covey-Franklin's Seven Habits of Highly Effective People and Myers-Briggs Personality Type Training. Con- duct “Fast Start for New Leaders” and “Leadership for Performance” sessions, team char- tering events, group process facilitation skills training, focus groups, organizational surveys. American Express, Phoenix, AZ 1996 Business Leader, Human Resources - Finance Resource Center • Member of Leadership Team, facilitating cultural transition from a hierarchical to a “partnering” relationship with employees. United Technologies Hamilton Standard, Mesa, AZ 1993 - 1996 Director, Human Resources - Commercial Aircraft Products • Member of Leadership Team for start-up manufacturing company reporting to the Gen. Mgr. • Lead Human Resources, Environmental Health & Safety, and Facilities teams. • Designed flat organizational structure/systems for high performance work teams. • Implemented competency-based pay program for manufacturing cells. • Implemented variable pay and recognition programs. Honeywell, Inc. (formerly Sperry), Phoenix, AZ 1979 - 1993 Manager, Human Resources - Satellite Systems (1988 - 1993) • Managed employee relations, benefits and training functions for division of 1,000 employees. • Supervised Employee Relations Representatives, Benefits Administrators and Industrial Nurse. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 30 - January 10, 2005 Personnel Administrator - Sperry Commercial/Defense/Space (1979 - 1988) • Human Resources Representative responsible for employee relations, salary/benefit adminis- tration, job audits, employment, and training for all functions. • Designed personnel policies and procedures. • Administered employee assistance program. • Counseled personnel in career development, interpersonal skills, conflict resolution. Education • MS, Organization Development, Pepperdine University, 1994 • MBA, 30 hours completed, Arizona State University, 1985 • BA, English, Arizona State University, 1975 Professional Teaching • Adjunct Faculty, Keller Graduate School, Phoenix, AZ - 1996 • Adjunct Faculty, Indiana University, Bloomington, IN - 1996 Professional Development • Self-Awareness and Being, National Training Labs, 1997 • United Technologies “Team Leadership Program”, 1995 • Salary Information Retrieval System, 1995 • Honeywell “Middle Manager Program”, 1993 • Center for Creative Leadership “Leadership Development Program”, 1992 • Applied Management Institute Employee Relations Law, 1985 • Hay Basic Job Analysis and Evaluation, 1985 Master Trained to Conduct: • Lifelaunch Coaching, Hudson Institute, 2002 • Creatrix, Measuring Risk and Creativity, 2002 • Lominger Survey Process, 2000 • FIRO B , 2000 • Myers-Briggs Step II, 2000 • Workstyle Patterns, 1997 • Managing Transitions, 1997 • Seven Habits of Highly Effective People, 1995 • Myers-Briggs Type Indicator Analysis for Individuals and Teams, 1995 • Personnel Decisions, Inc., Profilor, 1989 • Leader Effectiveness Training, 1989 • Achieve Global (formerly Zenger Miller) Leadership for Results, 1987 • Wilson Learning Managing Interpersonal Relationships, 1986 Community Service • Big Brothers Big Sisters Board, 2001-Present • Tri-City Behavioral Health Board, 1996 • Junior Achievement Board, 1993 • Actors Lab Board, 1991 - 1993 Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 31 - January 10, 2005 Appendix C.: O’Neil Associates, Inc. 412 East Southern Ave. ● Tempe, Arizona 85282 Tel 480-967-4441 ● Fax (480) 963-6171 oneil@oneilresearch.com ● www.oneilresearch.com Michael J. O’Neil, Ph.D., has over 25 years experience in designing, conducting, and analyzing survey research projects. He has overseen hundreds of research projects for a wide range of clients, including Fortune 100 companies; major utilities; hospitals and other healthcare providers; various Federal, State, County and city agencies; and educational institutions, from universities to community-college districts and school districts. Dr. O’Neil’s training in survey research includes work at the nation’s two dominant academic survey research centers: graduate work at the National Opinion Research Center of the University of Chicago and postdoctoral studies at the Survey Research Center of the Institute for Social Research at the University of Michigan. The latter appointment was the result of the award of a National Science Foundation Postdoctoral Fellowship in Survey Research Methodology for research and study in the interview methodology section of the Survey Research Center. Subsequently, Dr. O’Neil was appointed to the faculty at the University of Michigan and later to the faculty at Arizona State University, where he was Director of the Public Opinion Research Program. Listed in Who’s Who in America, Dr. O’Neil is a Phi Beta Kappa honors graduate of Brown University, from which he also holds a Master’s degree in Sociology. His Ph.D. in the same field is from Northwestern. Dr. O’Neil’s résumé follows. Stephen Schleifer, Ph.D., has over 25 years of experience in designing, conducting, and analyzing survey research projects. Dr. Schleifer has served in senior management positions in major national research firms since 1974. His responsibilities have included the presidency of a major Phoenix research firm (Research Information Center), wherein he had responsibility for up to 200 employees. Additionally, Dr. Schleifer has held other major research positions with P&L responsibility of up to $14 million per year. He has worked with clients such as Toyota, Microsoft, Texas Instruments, and Chase Bank of Arizona. By integrating his research data into the design process, these and other companies have successfully launched products or initiatives targeted to specific demographic groups. He is a graduate of Wesleyan University, where he received his BA in English. He received his Master’s degree in Mass Communications from Stanford University and his Ph.D. in Social Psychology from the University of Wisconsin at Madison. Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 32 - January 10, 2005 Michael J. O’Neil, Ph.D. O’Neil Associates, Inc. 412 East Southern Ave. ● Tempe, Arizona 85282 Tel 480-967-4441 ● Fax (480) 963-6171 oneil@oneilresearch.com ● www.oneilresearch.com Professional Employment 1981 – present President, O'Neil Associates, Inc. 1979 – 1981 Administrative Appointments Director, Public Opinion Research Program Arizona State University 1976 – 1981 University Faculty Appointments Northwestern University, Chicago, 1976-77 University of Illinois, Chicago, 1977 University of Michigan, Ann Arbor, 1978-79 Arizona State University, Tempe, 1979-81 Education PostDoctoral Survey Research Center National Science Foundation Research Fellowship: 1978 - 1979 University of Michigan "Development of Adv. Survey Research Methods" PostDoctoral University of National Institute of Mental Health PostDoctoral 1977 - 1978 Michigan Fellowship: "Evaluation Research/Social Policy" Ph.D. Northwestern Sociology Specialization: Research Methods 1977 University Full Graduate Fellowships Graduate University of National Opinion Courses in survey Studies 1975 Chicago Research Center sampling M.A. Brown University Sociology Graduation with Honors 1974 Combined BA/MA 4 year Accelerated Degree Program B.A. Brown University Sociology/ Phi Beta Kappa, 1974 Political Science Graduation with Honors Honors and Recognition • Who's Who in America • Phi Beta Kappa, Brown University Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 33 - January 10, 2005 National Media Exposure • Nightline • ABC World News Tonight • Good Morning America • National Public Radio • Washington Post Weekly Magazine • USA Today • Wall Street Journal • NBC Nightly News Community and Civic Involvement • Valley Leadership, Board of Directors • East Valley Partnership, Board of Directors • Arizona Coalition for Tomorrow, Immediate Past President • Arizona Policy Forum, Board of Directors • Phoenix Children's Hospital Foundation Board, Vice President • Brown University Alumni Association of Arizona, President • Phoenix City Club, President • Brown University Alumni Association, Board of Directors • Arizona Town Halls (Arizona Academy) • Phoenix Pride Commission • Phoenix Art Museum, Marketing Committee • East Valley Camelback Hospital, Vice President, Citizens Board • Maricopa County Citizens' Judicial Advisory Council • Tempe Union High School District, Chair, Business Education Advisory Committee • Mesa Association for Retarded Citizens, Marketing Committee • Phoenix Mayor's Marketing Committee • Tri-City Community Behavioral Health Center, Board Vice President Publications Extensive publication record including a book manuscript, newspaper columns, and widely-cited professional articles on media impacts, research methods, marketing and policy research which have appeared in such nationally respected journals as • Public Opinion Quarterly • Society • Law and Policy Quarterly • Social Problems • Contemporary Sociology Blackerby Associates, Inc. Town of Fountain Hills, Arizona Strategic Planning Project Facilitator RFP - 34 - January 10, 2005 National Conference Presentations • American Statistical Association • American Sociological Association • National Science Foundation • American Society for Public Administration • American Association for Public Opinion Research American Society for Criminology Professional Peer Review • National Science Foundation, grant application reviewer • Urban Affairs Quarterly, manuscript reviewer • Social Problems, manuscript reviewer • Public Opinion Quarterly, manuscript reviewer • Journal of Official Statistics, manuscript reviewer • Contemporary Sociology, manuscript reviewer • Sociological Methods and Research, manuscript reviewer • Law and Police Quarterly, manuscript reviewer Professional Associations • American Association for Public Opinion Research • American Marketing Association • American Sociological Association • American Statistical Association REVISED Document in 1-20-05.obd Page 1 of 3 Last printed 1/20/2005 10:20 AM NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilwoman Kathleen Nicola Councilman Ed Kehe Councilman Jay Schlum DATE: THURSDAY, JANUARY 20, 2005 TIME: 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER – Mayor Nichols REVISED Document in 1-20-05.obd Page 2 of 3 Last printed 1/20/2005 10:20 AM 1. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.3, For discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, legal advice regarding the Urban Lands Act.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Don Lawrence, Christ’s Church of Fountain Hills • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCE/PRESENTATION – Mayor Nichols will read the following proclamations: (i) declaring Wednesday, January 26, 2005, as “Get to Know Our Town Day”, (ii) declaring February 2005, as “Rotary International Month”, and (iii) declaring that beginning in 2005, the annual event of the Pony Express Days Celebration, will be held the first week of February. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 6, 2005. *2.) CONSIDERATION of RESOLUTION 2005-01, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 10, Block 2, Plat 601B (15820 N Ponderosa Drive) as recorded in Book 166 of Maps, Page 31, Records of Maricopa County, Arizona. EA04-27 (Lewis/Bugniazet). *3.) CONSIDERATION of RESOLUTION 2005-02, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 30, Block 9, Plat 111 (16214 E. Stancrest Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-28 (Calkins). *4.) CONSIDERATION of RESOLUTION 2005-03, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easements located at the northerly property lines of Lot 5 of Parcel 12 (12545 N. Saguaro Blvd.) as recorded in Book 579 of Maps, Page 40, Records of Maricopa County, Arizona. EA04-29 (Suozzi). *5.) CONSIDERATION of RESOLUTION 2005-04, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 14, Block 5, Plat 603C (15810 E. Sycamore Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA04-30 (Lambeau). *6.) CONSIDERATION of RESOLUTION 2005-05, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located on the REVISED Document in 1-20-05.obd Page 3 of 3 Last printed 1/20/2005 10:20 AM 5 min common property line of Lots 1 and 15, Block 4, Plat 102 (La Montana Drive and Hamilton Drive) as recorded in Book 142 of Maps, Page 12, Records of Maricopa County, Arizona, with stipulation. EA04-31 (Villas of La Montana LLC). *7.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Hamilton Villas Condominiums”, a four-unit condominium project located at 13627 N. “Hamilton Drive, aka Final Plat 102, Block 5, Lot 4. Case #S2004-31. *8.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "A & S Condominiums”, A Condominium" a two-unit condominium project located at 12013 N. Lamont Drive, aka Final Plat 201, Block 1, Lot 7. Case #S2004-32. *9.) CONSIDERATION of RESOLUTION 2005-09, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly and northerly property lines of Plat 603C, Block 2, Lot 42 (15740 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA04-32 (Nash). *10.) CONSIDERATION of RESOLUTION 2005-10, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 111, Block 5, Lot 17 (13862 E. Hamilton Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA04-33 (Bridges). *11.) CONSIDERATION of ratifying the AGREEMENT between the “Town of Fountain Hills and EN at Fountain Hills, LLC” for reimbursement of construction costs for the public facilities adjacent to the planned Ranch House in the Eagles Nest subdivision. *12.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Fountain Mist Villas Condominiums”, a 16-unit multi-family condominium subdivision, and modification of a portion of the existing hillside protection easement. Case #S2003-07. REGULAR AGENDA 10 min 13.) CONSIDERATION of a SPECIAL USE PERMIT to exempt columbaria construction from the land disturbance regulations of the Zoning Ordinance for the Shepherd of the Hills Lutheran Church, located at 16150 E. El Lago Blvd., Case #SU2004-05. 20 min 14.) CONSIDERATION of approving the CONTRACT with Blackerby Associates for facilitation of the Strategic Planning Project. 5 min 15.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE 17.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 7:20 PM 18.) ADJOURNMENT. DATED this 19th day of January, 2005 ___________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- 800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office.