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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 – E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 5-19-05.doc Page 1 of 2 Last printed 5/13/2005 4:08 PM 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. ____________________________ _____________________________________ ____________________________ 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 5.11.2005-1 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 5.11.2005-1 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 5.11.2005-1 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. 9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc 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.