HomeMy WebLinkAbout5-19-05NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
DATE: THURSDAY, MAY 19, 2005
TIME: 6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
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 AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Mayor Nichols
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
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(i) The Mayor will present a “Certificate of Achievement” to Christopher Carillo,
Brian Nagel, Christopher Meyers, Robert Wineman, and Michael Tilrico for
attaining the rank of Eagle Scout.
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 May 5th, 2005.
*2.) CONSIDERATION of RESOLUTION 2005-33, authorizing the Town Manager to act as the
applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency
(FEMA) for reimbursement of funds.
*3.) CONSIDERATION of RESOLUTION 2005-32, approving a mutual aid agreement with the City of
Scottsdale regarding fire and emergency services.
*4.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Tuscany at Cambria
Condominiums”, a 2-unit condominium project, located at 13645 E. Cambria Drive, aka Plat 102,
Block 4, Lot 6. Case Number S2005-04.
*5.) CONSIDERATION of RESOLUTION 2005-37, abandoning the Final Replat for the J & J Properties
Condominiums, a 2-unit condominium, located at 16312 E. Desert Sage Drive, Units A & B, and
reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005-05
REGULAR AGENDA
6.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to clarify the
maximum 200-feet building length in a multi-family zoning district.
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
8.) 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:
A. Requested by Councilman Kavanagh - Placing the item of fractional ownership on a future
agenda for action.
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 13th day of May, 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
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: May 19, 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: Draft Meeting Minutes
Education Public Fitness
:Council Priority (Check Appropriate Areas)
Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
th, 2005.
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from May 5
Staff Recommendation: Approve Fiscal Impact: No $
None
Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes.
List All Attachments as Follows: Draft minutes.
Type(s) of Presentation:
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
____________________________ _____________________________________
____________________________
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: May 19, 2005
Submitting Department: Public Works Contact Person: John Morast
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:
Education Public Fitness
:Council Priority (Check Appropriate Areas)
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 2005-33, authorizing the Town Manager
to act as the applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency
(FEMA) for reimbursement of funds.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: During the February 2005 storm event, the Town experienced
roadway damage on Laser Drive. Mericopa County has declared a state of emergency based on the damage
caused by this storm event. Staff has met with Mericopa County and FEMA officials and it has been determined
that the damage and repair costs are elegible for reimbursement through FEMA. With the Mericopa declaration,
the Town is elegible for a 75% reimbursement. If a national emergency is declared for Mericopa County, we will
be eligeble for an additional 15% reimbursement (for a total of 90% reimbursement) of repair costs. FEMA
regulations require the Town Council to designate, via a resolution, an Applicant Agent on their behalf.
List All Attachments as Follows: Resolution 2005-33; Copy of Arizona Division of Emergency Management
Designation of Applicant's Agent Form
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager
RESOLUTION NO. 2005-33
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DESIGNATING THE TOWN MANAGER AS
THE AUTHORIZED AGENT AS REQUIRED FOR APPLICATION FOR
FEDERAL EMERGENCY MANAGEMENT FUNDS.
WHEREAS, the Federal Emergency Management Agency (“FEMA”) has funds
available for costs related to natural disasters; and
WHEREAS, FEMA, in coordination with the Arizona Division of Emergency
Management (“ADEM”), requires that any municipality seeking intergovernmental assistance
must authorize an agent for and on behalf of the applicant municipality; and
WHEREAS, the Town of Fountain Hills (the “Town”) incurred damage that may qualify
for FEMA funds and wishes to submit applications to obtain such funding; and
WHEREAS, the Council of the Town of Fountain Hills (the “Town Council”) desires to
designate Timothy G. Pickering as the authorized agent for the purposes of obtaining FEMA
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town Council hereby authorizes the Town Attorney to execute
ADEM’s Designation of Applicant’s Agent form, attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. That Timothy G. Pickering is hereby designated applicant’s agent and
authorized on behalf of the Town to execute all contracts, certify completion of work, request
payments and prepare all documentation related to FEMA and ADEM funding requirements.
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose
and intent of this Resolution.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\. . \2005-33 FEMA Designation.res.doc
5.11.2005-1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 19, 2005.
FOR THE TOWN OF FOUNTAIN HILLS:
W. J. Nichols, Mayor
REVIEWED BY:
Timothy G. Pickering, Town Manager
ATTESTED TO:
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
9196.001\. . \2005-33 FEMA Designation.res.doc
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2
EXHIBIT A
[Arizona Division of Emergency Management Designation of Applicant’s Agent Form]
See following page.
9196.001\. . \2005-33 FEMA Designation.res.doc
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 5/19/05
Submitting Department: Administration Contact Person: Tim 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:
Education Public Fitness
:Council Priority (Check Appropriate Areas)
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 2005-32, approving a mutual aid
agreement with the City of Scottsdale regarding fire and emergency services.
Purpose of Item and Background Information:
No $Staff Recommendation: Approve Fiscal Impact:
This action item has been a work in progress at Council’s
directive since 2003. The Town of Fountain Hills began providing fire and emergency services for the citizens of
Fountain Hills in 2001 and ensuring the best possible fire and emergency services for its residents continues to be
a Council priority. The City of Scottsdale will begin providing municipal fire service to their residents on July 1,
2005 and the proposed mutual aid agreement has been developed in a manner to best integrate with this new
system and allow for quick and efficient delivery of emergency services.
Rural Metro representatives, the Town Manager and the Town Attorney met with Scottsdale representatives to
develop the attached agreement. The agreement was formulated utilizing the strategy of “One Mile In, One Mile
Out”. The concept is for the closest emergency vehicle to respond to an emergency. If an agency determines that
there may be a delayed response or the other agency’s emergency vehicle is closest, then a request can be made
for assistance. This will allow for the improvement of operational performance within the Town of Fountain Hills
through reduction of response times, greater depth of resources during multiple company incidents, and increased
coverage for the Town and Rio Verde during significant emergencies.
The Town completed an analysis of mutual aid calls over the past year that will be affected by this agreement.
Between April 2004 and March 2005, only fire related mutual aid calls would be affected, as Southwest
Ambulance will provide ambulance service in both communities. (See attached memo). Fountain Hills provided
fire mutual aid to Scottsdale fourteen (14) times while Scottsdale provided fire mutual aid to Fountain Hills
twenty-nine (29) times.
While having discussions with Scottsdale, it was explained that the cost of a contract with Scottsdale to provide
fire service would be approximately $3.4 million. Our fiscal year 2005-2006 contract with Rural Metro is for
$2.6 million or approximately $800,000 less. Our Rural Metro contract expires in four (4) years.
Attached are the results of staff’s efforts to bring forward the first of three mutual aid agreements with our
neighbors. Mutual aid agreements with Rio Verde and the Fort McDowell Yavapai Nation are anticipated to be
____________________________ _____________________________________
____________________________
presented to the Council for consideration at the June 2, 2005 meeting. The proposed agreement with the City of
Scottsdale has been reviewed by their staff and has been scheduled for discussion and consideration by
Scottsdale's City Council at their May 17, 2005 meeting. The results of that meeting will be provided to you prior
to our Council Meeting scheduled for May 19th.
For your information, Fire Chief interviews are still being conducted and once Rural Metro decides on a
candidate, the Council will be notified.
If you have any questions, please contact me prior to the council meeting so that I may address any concerns.
List All Attachments as Follows: Resolution 2005-32. Memo from Rural/Metro Fire Department Chief Gary
Morris, and the Mutual Aid Agreement between the City of Scottsdale and the Town of Fountain Hills.
None.Type(s) of Presentation:
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager
RESOLUTION NO. 2005-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO FIRE
AND EMERGENCY SERVICES MUTUAL AID.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Intergovernmental Agreement between the Town of Fountain
Hills and the City of Scottsdale relating to fire and emergency services mutual aid (the
“Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to cause the execution of the Agreement and to take
all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 19, 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
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
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EXHIBIT A
[Intergovernmental Agreement]
See following pages.
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
5.11.2005-1
______________________
Scottsdale Contract No.
2005-___-COS
When Recorded, Mail to:
Assistant Chief Steve Randall
CITY OF SCOTTSDALE
ONE STOP SHOP/RECORDS
7447 East Indian School Rd. Suite 100
Scottsdale, Arizona 85251
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF SCOTTSDALE AND
THE TOWN OF FOUNTAIN HILLS
THIS AGREEMENT made and entered into this ___ day of ______________, 2005, by
and between the City of Scottsdale, an Arizona municipal corporation (hereinafter the “City”),
and the Town of Fountain Hills, an Arizona municipal corporation (hereinafter the “Town”).
RECITALS
WHEREAS, THE TOWN has authority, pursuant to ______________________of the
_____________________________, respectively, to enter into intergovernmental agreements to
provide for and protect the public health and welfare; and
WHEREAS, the City has the authority, pursuant to the Charter of the City of Scottsdale,
Article I, Section 3-1 and A.R.S. §11-952 to enter into intergovernmental agreements to provide
for and protect the public health and welfare; and
WHEREAS, it is the desire of the City and the Town to continue to improve the nature
and coordination of emergency services to incidents that threaten the loss of life or property
within the geographical boundaries of the respective jurisdictions of the City and the Town; and
WHEREAS, it is the intent of this Agreement to provide better first due unit response
coverage to each party’s constituents and that the scope of this Agreement is for single unit
responses to emergency incidents; and
WHEREAS, it is the determination of the Town and the City that the decision to enter
into an emergency Mutual Aid Agreement constitutes a fundamental governmental policy of
both parties hereto, and that the decision to provide such mutual aid is discretionary in nature but
is in the best interests of their respective citizens, and includes the determination of the proper
use of the existing resources available to each of the Parties hereto with respect to providing
emergency services and the utilization of existing emergency equipment and personnel of each
of the Parties hereto, and
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
5.11.2005-1
WITNESSETH:
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained herein, it is hereby agreed as follows
1. One Mile in, One Mile Out: That the City and the Town’s fire service provider
each shall respond under limited mutual aid to calls that occur within one mile or less from the
City’s ’s eastern boundary and the Town’s western boundary. The party’s response shall depend
upon whether the closest unit is in quarters and what the activity level is for their area at the time
of the call. Neither party is bound to respond and can decline if it feels it is in its best interest to
do so.
2. Election to Send Units: Either party may elect to send more units depending
upon the nature of the incident. If a party elects to send additional units they must receive prior
approval from the agency requesting assistance. Neither party is in any way liable to the other or
to any other person, firm or corporation for the determination of whether to send or not send
additional units to an incident
3. Emergency Operating Procedures: For the purpose of emergency response, the
parties hereto agree to adopt certain formal Emergency Operating Procedures that shall be
followed in requesting, dispatching and redeploying emergency units and operating at the scene
of emergency incidents. These Emergency Operating Procedures shall include the notification of
the Phoenix Regional Dispatch Center and the Town Providers Dispatch Center when the
transition of command is completed at the scene of an emergency incident.
4. The Programming of Radios: The Town’s Emergency Services Provider shall
program its radios to communicate with the City’s Fire channels when responding into the City.
The City Fire Department shall program their radios to communicate with the Town’s
Emergency Services Provider when responding to calls in the areas served by the Town’s
Emergency Services Provider.
5. Incident Management System: Both parties to this Agreement shall use the
Incident Management System of emergency scene control to insure proper communications, fire
department resource management and personnel safety.
6. Presence of Command Officer: On all structure fires and major working
incidents, the Town’s Emergency Services Provider and the City will have a command officer at
the scene to facilitate communication and control of each Party’s respective emergency services
personnel and resources.
7. Release of Emergency Services Units: For incidents occurring within its legal
jurisdiction, the requesting party shall make a good faith effort to release the responding party’s
unit as quickly as can safely be done.
8. Other Agreements: Nothing contained herein shall prohibit either party hereto
from agreeing to participate in other specific contracts for emergency services, additional mutual
aid or automatic response agreements, nor providing mutual emergency assistance to other
jurisdictions which are not parties to this Mutual Aid Agreement.
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5.11.2005-1
9. No Binding Obligation to Provide Assistance: Nothing contained herein shall
be construed as creating a binding legal obligation to provide the resources, equipment, facilities
or personnel by either the requesting party or the assisting party to provide such emergency
assistance outside its geographic jurisdiction, either in the instance of the initial request for
assistance or any future request for assistance.
10. Assisting Party Under Direction of Requesting Party: From the time of arrival
to the time of departure at the emergency scene, the party providing assistance shall be
considered for all purposes to be under the direction and control of the party requesting
assistance. In proceeding to and returning from the emergency scene, the party providing
assistance shall be considered to be an independent contractor for all purposes, and not under the
direction and control of the party requesting assistance.
11. Hold Harmless: Each Party (as “Indemnitor”) hereto agrees to indemnify,
defend, and hold harmless the other Party (as “Indemnitee”) from and against any and all claims,
losses, liability, costs or expense, including reasonable attorney’s fees (hereinafter collectively
referred to as “Claims”) arising out of bodily injury of any person (including death) or property
damage but only to the extent that such Claims which result in vicarious/derivative liability to
the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, employees, contractors, elected or appointed officials.
12. No Reimbursement of Costs: Except as specifically agreed to by both Parties
hereto, neither party shall be reimbursed by the other party for any costs incurred pursuant to
providing assistance in accordance with the terms of this Agreement. In the event of a Declared
Disaster, the Parties may apply for reimbursement from the County, State and Federal
governments. For Special Teams Operations, including but not limited to Hazardous Materials,
Confined Space Rescues, Rope Rescues, and Swift Water Rescues, the Party requesting
assistance shall be responsible for the cost of replacing disposable supplies used in the mitigation
of the emergency incident by the assisting Party.
13. Workers’ Compensation: Each Party hereto shall ensure that their employees
are notified in accordance with the provisions of the Arizona Workmen’s Compensation Law,
specifically A.R.S. §23-1022 or any amendment thereto, and that all such notices as required by
such laws shall be posted in accordance with the provisions of said laws. Each party further
grants consent to the other party hereto to inspect the premises and work place of each party to
ensure compliance with the notice posting requirements of said law, said consent being provided
to the appropriate emergency service and/or risk management function of each Party hereto.
14. Immigration and Reform Act of 1986: The Parties hereto understand
acknowledge the applicability of the Immigration and Reform and Control Act of 1986 (IRCA).
Each Party hereto agrees to comply with the IRCA in performing under this Agreement and to
permit inspecting of its personnel records to verify such compliance.
15. Immunities: The City and the Town acknowledge that they are immune from
liability for civil or other damages when rendering extraterritorial aid under the terms of this
Agreement and as set forth in Scottsdale Revised Code §10-10, A.R.S. §26-314, 9-500.02,
A.R.S. §48-818 and other applicable laws and regulations.
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
5.11.2005-1
16. Insurance: The Parties acknowledge that each of them has liability insurance
coverage or are self-insured in a minimum amount of One Million & No/100 Dollars
($1,000,000.00). Each Party shall provide a Certificate of Insurance as adequate proof of such
insurance or self-insurance coverage to the other upon execution of this Agreement, and to
immediately notify in writing the other Party of any material changes in such insurance
coverage. Each Party’s insurance or self-insurance shall name the other Party as an Additional
Insured and shall be so named on the Certificate of Insurance. If the above cited policy expires
during the life of this Agreement, it shall be each Party’s responsibility to forward renewal
Certificates to the other Party within ten (10) days after the renewal date.
17. Term of Agreement: The term of this Agreement shall commence on July 1,
2005, and shall be in effect for a period of one (1) year, unless sooner terminated under the terms
of this Agreement. This Agreement may be renewed by mutual written agreement, under the
terms hereof, for additional one (1) year terms.
18. Termination of Agreement: This Agreement may be terminated by either Party
for any reason at any time upon giving to the other Party thirty (30) days prior written notice.
19. No Third Party Rights: No term or provision of this Agreement is intended to,
nor shall it create any rights in any person, firm, corporation or other entity not a party hereto,
and no such person or entity shall have any cause of action hereunder.
20. No Partnership or Joint Venture: No term or provision of this Agreement is
intended to create a partnership, joint venture or agency arrangement between any of the parties
hereto.
21. Recording: This Agreement shall be recorded with the Maricopa County
Recorder’s Office.
22. No Real Property: For purposes of satisfying the requirements of A.R.S. §9-
461.12(c), as relates to the notification of intent to dispose of any real property that is held in
common as a result of this intergovernmental agreement, there is no real property to be disposed
of should this Agreement be terminated.
23. Budgetary Impact: The direction and recommendation of the governing body
having fiscal and/or budgetary impact of each Party hereto will not bind either Party hereto until
approved by their respective governing bodies.
24. Superseding Agreements: If any provision of this Agreement is in conflict with
the provisions set forth in Scottsdale’s Intergovernmental Agreement for the Phoenix Fire
Department Regional Dispatch System or Scottsdale’s Automatic Aid Intergovernmental
Agreement for Fire Protection and Other Emergency Services, the provisions of those
Agreements shall control.
25. Conflict of Interest: The Parties hereto acknowledge that this Agreement is
subject to cancellation pursuant to the provisions of A.R.S. §38-511.
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
5.11.2005-1
________________________ __________________________
________________________
______________________
26. Supersedes Prior Agreements: This Agreement supersedes any and all prior
Mutual Aid Agreements entered into by and between the Parties hereto.
27. Notice: All notices and other communications provided for herein shall be given
and validly made when delivered personally or sent by certified mail, return receipt requested,
postage prepaid, to:
City of Scottsdale Town of Fountain Hills
Chief William L. McDonald Timothy Pickering
8401 E. Indian School Road City Manager
Scottsdale, Arizona 85251 16836 E. Palisades Blvd., P. O. Box 17958
Fountain Hills, Arizona 85268
IN WITNESS WHEREOF the parties have executed this Intergovernmental Agreement
by subscribing their names below, on the first date written above.
CITY OF SCOTTSDALE, an
ATTEST: Arizona Municipal Corporation
Carolyn Jagger, City Clerk Jan Dolan, City Manager
APPROVED AS TO FORM:
Joseph R. Bertoldo
City Attorney
ATTEST: Town of Fountain Hills
Bev Bender Timothy Pickering
Town Clerk Town Manager
APPROVED AS TO FORM:
Andrew McGuire
Town Attorney
9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc
5.11.2005-1
____________________________ _____________________________________
____________________________
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 05/19/05
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:
Education Public Fitness
:Council Priority (Check Appropriate Areas)
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 the,
“Tuscany at Cambria Condominiums," a 2-unit condominium project located at 13645 E. Cambria Drive,
aka Plat 102, Block 4, Lot 6. Case Number S2005-04.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This agenda item is for a Preliminary and Final Plat
for a Declaration of Condominium. On May 12, 2005, the Planning and Zoning Commission
recommended approval of S2005-04, Preliminary Plat, "Tuscany at Cambria Condominiums." Please see
the attached memorandum for additional details.
None
List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions
Type(s) of Presentation:
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING
STAFF REPORT
TO: Mayor and Town Council DT: May 19, 2005
FR: Kate Zanon, Planner RE: Case # S2005-04; Preliminary and Final
THR: Richard Turner, AICP Plat “Tuscany at Cambria Condominiums”
Planning and Zoning Administrator
LOCATION: 13645 E. Cambria Dr. aka Lot 6, Block 4, Final Plat 102.
REQUEST:Consider the Preliminary and Final Plat for "Tuscany at Cambria
Condominiums", a 2-unit condominium project.
DESCRIPTION:
OWNERS: Said Dawlabani
D&M Signature Homes, L.L.C.
APPLICANT: Robert T. Savard
EXISTING ZONING: “R-3”
EXISTING CONDITION: Under Construction
LOT SIZE: 16,966 square feet (.389 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Triplex; zoned “R-3”
SOUTH: Duplex; zoned “R-3”
EAST: Multi-family Complex; zoned “R-3”
WEST: Te-la-que-pa-que Duplex; zoned “R-3”
SUMMARY:
This request is for approval of the Preliminary and Plat "Tuscany at Cambria 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 owner, Said Dawlabani, has chosen to convert a two-unit residential complex and record a
Declaration of Condominium to sell the units individually. The units have a maximum livable area of
2,237 square feet and a minimum livable area of 2,075 square feet. Each unit has a 2-car garage and a
covered entry and patio. The property meets all underling requirements of the zoning district.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of S2005-04; Preliminary Plat
"Tuscany at Cambria Condominiums” with the stipulation by Staff at their May 12, 2005
meeting.
Staff recommends approval of S2005-04; Preliminary and Final Plat "Tuscany at Cambria
Condominiums," with the following stipulation:
1. The notation Unit A C.E. or Unit B C.E. (Common Element) is changed on the Final Plat to
only state C.E.
____________________________ _____________________________________
____________________________
05
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 05/19/05
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:
Education Public Fitness
:Council Priority (Check Appropriate Areas)
Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-37, abandoning the FINAL
REPLAT for The J and J Properties Condominiums, a 2-unit condominium, located at 16312 E. Desert
Sage Drive, Units A & B, and reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005-
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This agenda item is for a Plat Abandonment of the
Final Plat of The J and J Properties Condominiums. On December 5, 2002, Town Council approved the
Condominium Plat, which subdivided cubic airspace of this 2-unit condominium and was not a land sell
project. The current property owner, Sharon Fukayama owns both Units A and B and whishes to abandon
the Condominium Plat and revert back to the Fianl Plat 206, Block 1, Lot 27 for the purpose of converting
the duplex into a single family home. Please see the attached Staff report for additional details.
None
List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions
Type(s) of Presentation:
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING
TOWN COUNCIL MEMO
TO: The Honorable Mayor and DT: May 19, 2005
Town Council
FR: Kate Zanon, Planner RE: Resolution 2005-37; Request to abandon
THR: Richard Turner, AICP the Final Plat of “The J and J Properties
Planning and Zoning Administrator Condominiums;” Case S2005-05.
LOCATION: 16312 E. Desert Sage Drive aka Final Plat, “The J and J Properties
Condominiums.”
REQUEST:Consider the approval of Resolution 2005-37; abandonment of the Final Plat of
“The J and J Properties Condominiums,” a 2-unit, one lot Condominium Replat of
Final Plat 206, Block 1, Lot 27.
DESCRIPTION:
OWNER: Sharon Fukayama
APPLICANT: Sharon Fukayama
EXISTING ZONING: “R-2”
EXISTING CONDITION: Developed
LOT SIZE: 11,140 square feet (0.256 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Residential Duplex; zoned “R-2”
SOUTH: Residential Duplex; zoned “R-2”
EAST: Residential Duplex; zoned “R-2”
WEST: Residential Duplex; zoned “R-2”
SUMMARY:
This is a request from Sharon Fukayama, to abandon the Final Plat of “The J and J Properties
Condominiums,” an existing one lot, 2-unit residential subdivision. On December 5, 2002, Town
Council approved the “Final Plat of The J and J Properties Condominiums,” which subdivides
cubic airspace, and is not a land sell project. The purpose of the Condominium Plat was to allow
individual property owners to purchase each of the 2 units, Unit A and Unit B. Sharon Fukayama,
the current property owner of both Units A and B wishes to abandon the current plat, and revert
back to Final Plat 206, Block 1, Lot 27 to allow the conversion of this duplex to a single family
residence.
EVALUATION:
The Town has received very few requests to abandon re-platted properties. The approval of this
request will abandon the existing Condominium Plat and revert the property back to the original
Plat 206, Block 3, Lot 27. Lot 27 meets all the requirements of the “R-2” zoning district it is
located in. No new easements were established when the Condominium Plat was created, thus all
original Plat 206 easements on the property remain.
Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded
subdivision, by Town Council approval.
Staff finds site improvements are not necessary with this request.
RECOMMENDATION:
Staff recommends approval of Resolution 2005-37; the abandonment of the Final Plat of “The
J and J Properties Condominiums”. Case #S2005-05.
RESOLUTION NO. 2005-37
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING THE “FINAL REPLAT OF
THE J AND J PROPERTIES CONDOMINIUMS” AS RECORDED ON BOOK
628, PAGE 29, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Town of Fountain Hills (the “Town”) adopted Ordinance No. 96-29 on
September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the
“Subdivision Ordinance”); and
WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and
procedures for abandoning a recorded subdivision; and
WHEREAS, the Town Council desires that the “Replat of The J and J Properties
Condominiums” be abandoned and revert back to the lot configuration shown on “Final Plat 206,
Block 1, Lot 27,” as recorded in Book 628, Page 29.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the “Final Replat of The J and J Properties Condominiums ” as
recorded in Book 628, Page 29 of the Records of Maricopa County, Arizona, is hereby
abandoned and reverted back to the “Final Plat 206, Block 1, Lot 27” as recorded in Book 628,
Page 29.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 19, 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
____________________________ _____________________________________
____________________________
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: May 19, 2005
Submitting Department: Public Works Contact Person: Richard Turner
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: Text Amendment Initiation
Education Public Fitness
:Council Priority (Check Appropriate Areas)
Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Report to the Town Council and consideration of initiating a Text Amendment to
the Zoning Ordinance to modify the 200 foot building length limitation in Multi-family Zoning Districts
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: On April 7, 2005, the Town Council acted to continue the
consideration of a Special Use Permit for a nursing care facility "until such time as staff brings back the results of
their analysis of whether or not an amendment to the Zoning Code is appropriate for Council discussion and
consideration". Staff has examined the regulation in question, the 200 foot limitation on the length of buildings
in the Multi-family Zoning Districts. We recommend initiation of an amendment to the Zoning Ordinance to
clarify that the 200 foot building length limit applies only to multi-family buildings.
List All Attachments as Follows: Staff Report
Type(s) of Presentation: Power point
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING
STAFF REPORT
TO: Mayor Nichols & Town Council MTG DT: May 19, 2005
FR: Richard Turner, A.I.C.P., Planning and RE: Report to the Town Council and
Zoning Administrator Consideration of Initiating a Zoning
Ordinance Amendment, 200 Foot Building
Length Limitation in Multi-family Zoning
SUMMARY:
On April 7, 2005, the Town Council acted to continue the consideration of SU2004-04, a request
for a Special Use Permit for a nursing care facility “until such time as staff brings back the
results of their analysis of whether or not an amendment to the Zoning Code is appropriate for
Council discussion and consideration”. Staff has examined the regulation in question, the 200
foot limitation on the length of buildings in the Multi-family Zoning Districts. Staff
recommends the Town Council initiate an application to amend the Zoning Ordinance to clarify
that the 200 foot building length limit applies only to multi-family buildings.
BACKGROUND:
On July 20, 2002 the Town Council approved an amendment to the Zoning Ordinance that limits
the length of buildings in the Multi-family Zoning Districts (M-1, M-2, M-3, R-2, R-3, R-4 and
R-5) to a maximum of 200 feet. This was a revision of Section 11.10 of Chapter 11 of the
Ordinance and includes the chart that follows that section of the code. The sixth column in the
chart indicates a required building length of 200 feet for any building in any of the multi-family
zones.
Item number 11 on the April 7, 2005 Town Council agenda, SU2004-04, was a request for a
Special Use Permit for a nursing home in the R-4 Zoning District. The building proposed for the
nursing home was 250 feet in length. In the staff report, we requested that the Town Council
determine that the 200 foot requirement only applied to multi-family buildings and not uses such
as the proposed nursing home. During the call to the public, a representative of the applicant
requested that the Special Use request be continued and that the Zoning Ordinance be amended
to apply the 200 foot building length limit only to multi-family buildings. The Town Council
concurred and acted to continue the case (SU2004-04) and asked staff to bring back an analysis
of whether or not an amendment to the Zoning Ordinance is appropriate.
EVALUATION:
Staff has looked at some of the more substantial buildings in Town to determine the Zoning
District they are located in and their length. This information can be found in an attachment to
this report. This is by no means an exhaustive survey, but it does indicate that there are several
buildings in Town that exceed 200 feet in length. Also, some of the longer buildings are non
multi-family buildings in multi-family zoning districts.
Staff has contacted some other jurisdictions to see if their multi-family zoning regulations limit
building lengths. We are aware of only one jurisdiction that has such a regulation (Taylor,
Michigan) and it clarifies that the limitation applies to multi-family buildings. Staff contacted
the following communities in the Valley, none of which had a limit on the length of buildings in
their Zoning Ordinance: Mesa, Gilbert, Tempe, Chandler and Apache Junction. Phoenix and
Scottsdale did not respond to our request for information.
Staff does not object to a 200 foot limitation on the length of multi-family buildings in multi-
family zoning districts. Such a regulation serves to reduce the bulk of these buildings and would
seem to have real value in a multiple building complex. In addition, shorter buildings in
residential complexes makes access easier and facilitates pedestrian circulation. However, in
other types of buildings, such as churches, schools and nursing homes, a 200 foot limitation may
not be appropriate. The internal functions of uses such as these may warrant longer building
design.
Staff is not requesting support for its position on this matter at this meeting. The issue before the
Council is whether or not to initiate an application for a change to the Zoning Ordinance. A
decision on the merit of such a change will follow public hearings before the Planning and
Zoning Commission and the Council.
RECOMMENDATION:
It is recommended that the Town Council initiate an application to amend Chapter 11, Section
11.10 of the Fountain Hills Zoning Ordinance. Staff would suggest the following revised
language:
Section 11.10 Density, Area, Building and Yard Regulations:
The chart, which follows, specifies the minimum lot sizes, minimum area per dwelling unit,
minimum lot widths, maximum building height, minimum yard setbacks, maximum lot coverage
percentages, and minimum distance between buildings. The maximum building length applies
only to multi-family buildings.
Attachments: Table showing building lengths and zoning districts
Letter from Art Ursu dated March 21,2005
E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 5-19-05.doc Page 2 of 2 Last printed 5/13/2005 4:08 PM
(i) The Mayor will present a “Certificate of Achievement” to Christopher Carillo,
Brian Nagel, Christopher Meyers, Robert Wineman, and Michael Tilrico for
attaining the rank of Eagle Scout.
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 May 5th, 2005.
*2.) CONSIDERATION of RESOLUTION 2005-33, authorizing the Town Manager to act as the
applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency
(FEMA) for reimbursement of funds.
*3.) CONSIDERATION of RESOLUTION 2005-32, approving a mutual aid agreement with the City of
Scottsdale regarding fire and emergency services.
*4.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Tuscany at Cambria
Condominiums”, a 2-unit condominium project, located at 13645 E. Cambria Drive, aka Plat 102,
Block 4, Lot 6. Case Number S2005-04.
*5.) CONSIDERATION of RESOLUTION 2005-37, abandoning the Final Replat for the J & J Properties
Condominiums, a 2-unit condominium, located at 16312 E. Desert Sage Drive, Units A & B, and
reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005-05
REGULAR AGENDA
6.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to clarify the
maximum 200-feet building length in a multi-family zoning district.
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
8.) 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:
A. Requested by Councilman Kavanagh - Placing the item of fractional ownership on a future
agenda for action.
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 13th day of May, 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.