HomeMy WebLinkAbout11-3-05 Agenda
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NOTICE OF
REGULAR SESSION OF THE FOUNTAIN
HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh
Councilman Ed Kehe Vice Mayor Jay Schlum
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 3, 2005
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, 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.
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• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION –Pastor John Nichols, Lake Zurich Community Church
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) The Mayor will introduce Maricopa County Board of Supervisor Don Stapley, who
will speak on current issues that affect Fountain Hills’ residents.
(ii) Presentation by Kirk Dymbrowski, Maricopa County Vector Control, regarding
West Nile Virus.
(iii) Presentation of the Strategic Plan Survey by Chris Tatham, ETC Institute.
(iv) Presentation of the design for the Skate Park by Brad Siedlecki, Site Design Group,
Inc.
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 October 6,
2005.
*2.) CONSIDERATION of approving a STREET NAME CHANGE in Eagles Nest Parcel 5 to “White
Wing Court”.
*3.) CONSIDERATION of RESOLUTION 2005-60, approving an intergovernmental agreement with
the Fort McDowell Yavapai Indian Nation regarding Proposition 202 funding requests.
*4.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE submitted by the American Legion
Post #58. The request is for a fundraiser scheduled for November 11 – 13, 2005, from 9:00 AM to
11:00 PM on Friday and Saturday, from 10:00 AM to 10:00 PM on Sunday.
*5.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE submitted by the American Legion
Post #58. The request is for a fundraiser scheduled for December 3, 2005, from 9:00 AM to 11:00 PM.
*6.) CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Xiang Ping Ma for
Ping’s Café located at 17115 E. Shea Boulevard. The application is for a new class 12 (restaurant)
license.
*7.) CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Randy Nations for
Waters Edge Restaurant located at 13014 Saguaro Boulevard. The application is for a new Class 12
(restaurant) license.
*8.) CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Maria Soto-Payne for
Parkview Taphouse located at 16828 E. Parkview. The application is for a new Class 12 (restaurant)
license.
*9.) CONSIDERATION of approving a PURCHASE AGREEMENT with Atlantic Machinery Inc.,
through their factory authorized distributor in Arizona, Balar Equipment Corporation, for a street
sweeper in the amount of $206,294.37.
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*10.) CONSIDERATION of RESOLUTION 2005-54, establishing the Senior Center Advisory
Commission and adopting bylaws for its governance.
*11.) CONSIDERATION of RESOLUTION 2005-53, continuing the McDowell Mountain Preserve
Commission and adopting bylaws for its governance.
*12.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Mimosa
Condominiums”, a 2-unit condominium project, located at 13037 N. Mimosa Drive, aka Plat 601A,
Block 3, Lot 34, Case #S2005-15.
*13.) CONSIDERATION of approving the FIRST AMENDMENT to the Hiking License Agreement with
MCO Properties, L.P.
*14.) CONSIDERATION of approving a PROFESSIONAL SERVICES AGREEMENT with Olsson
Associates in the amount of $162,302.58 for a revised master plan, design, and construction documents
for Desert Vista Neighborhood Park – Phase II.
*15.) CONSIDERATION of RESOLUTION 2005-51, abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the southerly property line of Plat
107, Block 3, Lot 17 (14443 N. San Carlos Drive) as recorded in Book 141 of Maps, Page 18 Records
of Maricopa County, Arizona. EA05-21 (Lusardi).
*16.) CONSIDERATION of RESOLUTION 2005-61, approving an intergovernmental agreement with the
City of Scottsdale relating to coordination of incident response and temporary traffic operations for
Shea Boulevard.
*17.) CONSIDERATION of approving the FIRST AMENDMENT to the town manager’s annual contract.
*18.) CONSIDERATION of approving an AMENDED REPLAT for Fountain View Village Lot 2, to Lots
2A and 2B, located at 13525 Fountain Hills Boulevard aka Final Replat of Fountain view Village.
Case# S2004-26.
REGULAR AGENDA
19.) PRESENTATION by the Public Safety Advisory Commission Chair Larry Moyse regarding the
recommendation on unlicensed motorized vehicles and PUBLIC HEARING to receive comment on
Ordinance 05-15, amending the Fountain Hills Town Code, Chapter 12 Traffic, Article 12-5,
motorized skateboards, relating to regulating the use of motorized skateboards and motorized play
vehicles.
20.) CONSIDERATION of ORDINANCE 05-15, amending the Fountain Hills Town Code, Chapter 12
Traffic, Article 12-5, motorized skateboards, relating to regulating the use of motorized skateboards
and motorized play vehicles.
21.) CONSIDERATION of a SPECIAL USE PERMIT for a nursing home at a maximum height of 40
feet in the R-4 Zoning District, located at the southwest corner of El Lago Boulevard and Verde River
Drive, aka Fountain View Final Plat. Case#SU2004-04.
22.) PUBLIC HEARING to receive comment on ORDINANCE 05-14, which is a text amendment to the
Zoning Ordinance, to limit the time that vehicles such as recreational vehicles are allowed to park in
front of a residence for the purpose of loading and unloading to two (2) days. Case #Z2005-03.
23.) CONSIDERATION of ORDINANCE 05-14, which is a text amendment to the Zoning Ordinance,
to limit the time that vehicles such as recreational vehicles are allowed to park in front of a residence
for the purpose of loading and unloading to two (2) days. Case #Z2005-03.
24.) PUBLIC HEARING to receive comment on ORDINANCE 05-13, a text amendment to the Zoning
Ordinance of the Town of Fountain Hills “Chapter 7 – Parking And Loading Requirements, Subsection
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7.02, General Regulations, and Section 7.04, Schedule Of Required Off-Street Spaces, relating to
parking lot visibility and landscaping. Case #Z2005-05.
25.) CONSIDERATION of ORDINANCE 05-13, a text amendment to the Zoning Ordinance of the Town
of Fountain Hills “Chapter 7 – Parking And Loading Requirements, Subsection 7.02, General
Regulations, and Section 7.04, Schedule Of Required Off-Street Spaces, relating to parking lot visibility
and landscaping. Case #Z2005-05.
26.) PUBLIC HEARING to receive comment on ORDINANCE 05-12, amending the Fountain Hills
Town Code, Chapter 12, Traffic, Article 12-3, Parking, by adding a new section 12-3-13, relating to
motor vehicle owner’s liability for parking offenses.
27.) CONSIDERATION of ORDINANCE 05-12, amending the Fountain Hills Town Code, Chapter 12,
Traffic, Article 12-3, Parking, by adding a new section 12-3-13, relating to motor vehicle owner’s
liability for parking offenses.
28.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
29.) 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. NONE.
30.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
31.) ADJOURNMENT.
DATED this 28th day of October, 2005.
By:
S/ 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.
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 11/3/05
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: Presentation
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Presentation by Kirk Dymbrowski, Maricopa County Vector Control,
regarding West Nile Virus.
Staff Recommendation: Approve Fiscal Impact: No $ 0.00
Purpose of Item and Background Information: Kirk Dymbrowski, Vector Ecologist for Maricopa
County Vector Control, will give a brief presentation on mosquitoes and West Nile Virus in Maricopa
County.
List All Attachments as Follows: Staff memo, presentation slides
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
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TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Council
DT: October 26, 2005
FR: John W. Morast, Asst. Public Works Director
TH: Thomas L. Ward, Director of Public Works
RE: Vector Control Presentation.
The West Nile Virus is present in Maricopa County. Maricopa County Vector Control and the
Town have been working closely to educate residents on how to eliminate mosquito breeding
areas and steps to take to reduce exposure to mosquitoes.
Residents should report any standing water or increased mosquito activities directly to Vector
Control. They can be contacted either by phone at 602.506.0700 or on the web at
www.maricopa.gov/wnv, or through the “FIGHT THE BITE” link on the Town’s website.
Residents can eliminate breeding grounds by emptying containers of water (even the smallest
ones such as cans and bottles), keeping pools clean, and not over watering lawn and plants.
Residents can reduce their exposure to mosquitoes by limiting outside activities at dawn and
dusk, by wearing light colored long pants and long sleeved shirts, and by fixing screens to keep
the mosquitoes out of their houses.
Maricopa County Vector Control performs mosquito surveillance activities in Fountain Hills.
They have collected samples of standing water in searching for mosquito larvae and spread
granular larvicide in areas of standing water to kill the larvae. They have set traps to collect live
mosquitoes for testing. They have performed fogging, or adulticiding, to kill adult mosquitoes in
specific areas. Vector Control will continue monitoring areas of standing water in Town and
spreading larvicide on a regular and routine basis.
MARICOPA COUNTYKirk DymbrowskiVector EcologistEnvironmental Services DepartmentWater & Waste Division
Informationwww.maricopa.gov\wnv602-506-0700
Integrated Pest Management (IPM)Plan uses multiple strategiesLarval SamplingSurveillanceBreeding site reductionLarvacidesAdulticidesEnforcement
Surveillance ActivitiesLarval Sampling
Surveillance ActivitiesCarbon Dioxide Traps
Treatment ActivitiesAdulticide information•Thresholds: 30/300/+•Events following fogging•Anvil 10+10•Synthetic Pyrethroids
Risk ReductionPersonal Protection– prevent mosquito bitesAvoid mosquito bitesWear protective clothing (long sleeves, loose, light colored)Apply insect repellents Modify outdoor activities (time of day, location)Maintain Household Screens and Doors
Risk ReductionBackyard Prevention•Properly maintain pools, spas, etc. •Eliminate standing water •Remove clutter •Adjust sprinklers•Clean rain gutters
Informationwww.maricopa.gov\wnv602-506-0700
2005 Strategic Planning
Survey Results
DRAFT Findings Report
conducted for
The Town of Fountain Hills, Arizona
by
ETC Institute
725 West Frontier Circle
Olathe, Kansas 66061
(913) 829-1215
October 2005
ETC Institute (October 2005) Executive Summary - 1
2005 Strategic Planning Survey
Executive Summary
Purpose and Methodology
ETC Institute administered a strategic planning survey for the Town of Fountain Hills during
October 2005. The purpose of the survey was to gather statistically representative input from
residents about a wide range of issues related to the City’s strategic plan. The survey was
administered to two independent samples: (1) a random sample of the residents who did not
participate in the Town Hall process and (2) persons who did participate in the Town Hall process
(with the exception of members of the Town Council and those on the steering committee for the
Strategic Plan).
Random Sample. A four-page survey was mailed to a random sample of 2,400 households in the
Town of Fountain Hills during October 2005. Approximately seven days after the surveys were
mailed, residents who received the survey were contacted by phone. Those who indicated that they
had not returned the survey were given the
option of completing it by phone. Of the
households that received a survey, 292
completed the survey by phone and 914
returned it by mail for a total of 1206
completed surveys (50% response rate). The
results for the random sample of 1206
households have a 95% level of confidence
with a precision of at least +/- 2.8%. There
were no statistically significant differences
in the results of the survey based on the
method of administration (phone vs. mail).
In order to better understand the priorities
for residents based on the location of their
home, ETC Institute geocoded the home
address of respondents to the survey. The
map to the right shows the physical
distribution of survey respondents. The
participating households are shown as red
dots on the map.
Town of
Fountain Hills
Location of
Responding
Households
ETC Institute (October 2005) Executive Summary - 2
Town Hall Sample. In addition to a random sample of residents, the survey was also administered
to a separate sample of residents who had participated in the Town Hall process. A total of 114 of
the Town Hall participants completed the survey. Although the primary focus of the survey was to
gather statistically valid input from a random sample of residents, the Town Hall sample was
included to help build upon previous findings from the process and to identify differences between
those who were actively involved in the development of the strategic plan and those who were not.
Content of This Report. This summary report contains: (1) a description of the methodology for
administering the survey, (2) a summary of major findings, (3) charts showing the results for
selected questions on the survey, and (4) a copy of the survey instrument.
The final report will be delivered to the Town Council on November 3, 2005. In addition to the
items contained in this report, the final report will contain: (1) GIS maps that show the results of
selected questions as maps of Fountain Hills, (2) crosstabulations that show the results for selected
questions based on the age of the respondent, years of residency, and ages of household occupants,
and (3) a recommended schedule for implementing specific initiatives that have been identified in
the strategic plan.
Major Findings
¾ Most Residents Think Fountain Hills Is a Good Place to Live. 97% of the residents
surveyed in the random sample rated Fountain Hills as an “excellent” or “good” place to
live, which was significantly higher than the U.S. average of 84%. Residents also generally
gave high ratings to the Town as a place to retire and as a place to raise children.
¾ Overall Ratings for Quality of Life in Fountain Hills Are Significantly Higher than the
National Average. Ninety-three percent (93%) of the residents surveyed in the random
sample rated the quality of life in Fountain Hills as “good” or “excellent,” which was 16%
higher than the U.S. average (77%).
¾ Reasons Residents Decided to Live in Fountain Hills. The top five reasons that residents
decided to live in Fountain Hills based on the percentage of respondents to the random
sample who thought the issues were “very important” or “extremely important” to their
decision are listed below:
o Low crime rate (91%)
o Appearances, views, and overall beauty of the Town (86%)
o Quality of housing (83%)
o Small-town atmosphere in the community (77%)
o Financial stability of local governments (71%)
ETC Institute (October 2005) Executive Summary - 3
¾ Reasons Residents Plan to STAY in Fountain Hills. The top five reasons that residents
plan to stay in Fountain Hills based on the percentage of respondents to the random sample
who selected the issue as one of their top choices are listed below:
o Small-town atmosphere in the community (51%)
o Low crime rate (51%)
o Appearances, views, and overall beauty of the Town (40%)
o Level of taxation (29%)
o Quality of housing (17%)
Although the top three reasons that residents plan to stay in Fountain Hills were the same for
the random sample and the Town Hall sample, there were some differences as noted below:
o Respondents to the random sample placed significantly more importance on
having a low crime rate, the level of taxation, and the quality of housing in the
community.
o Town Hall respondents placed significantly more importance on the community’s
commitment to preserving/protecting the environment, having specific standards for
architecture/zoning controls, the overall quality of local governmental services, and
the financial stability of local governments.
¾ Awareness of the Strategic Plan. The Town of Fountain Hills did a very good job
educating the community about the Strategic Plan. Three-fourths (75%) of the residents
surveyed in the random sample indicated that they knew the Town was in the process of
developing a strategic plan.
¾ Best Ways to Keep Residents Informed About the Strategic Plan and Other Town
Issues. The two best ways to keep residents informed about the Strategic Plan and other
Town issues are the Fountain Hills Times newspaper (preferred by 71% of the random
sample) and the Town newsletter, The Compass (preferred by 60% of the random sample).
¾ Residents Think The Town Should Pursue New Business Development in Downtown
Fountain Hills that Mainly Serves the Needs of Residents. Residents who responded to
the random sample were 1.6 times more likely to prefer having the Town promote new
business development that mainly serves the needs of local residents (54%) than they were
to prefer having the Town attract new businesses/shopping areas that would be destinations
for tourists and residents from other communities (35%). Eleven percent (11%) of those
surveyed did not think the Town should promote any new business development in
downtown Fountain Hills, and 3% did not have an opinion.
ETC Institute (October 2005) Executive Summary - 4
¾ Residents Were Split Regarding the Types of Arts/Cultural Facilities that Should Be
Developed in Downtown Fountain Hills. Thirty-seven percent (37%) of the residents in
the random sample thought the Town should develop arts/cultural facilities that would be
destinations for tourists and residents from other communities. Thirty-one percent (31%)
of those surveyed thought the Town should promote the development of arts and cultural
facilities that mainly serve the needs of local residents. One-fourth (25%) of those surveyed
did not think the Town should promote the development of any new arts or cultural facilities
in downtown Fountain Hills, and 7% did not have an opinion.
¾ Many Residents Thought the Town Should Raise Taxes Now to Offset the Town’s
Projected Deficit. Residents who responded to the random sample were 2.2 times more
likely to prefer having the Town raise taxes now to offset the Town’s projected deficit (48%)
than they were to think the Town should cut services or postpone raising taxes until a future
date (22%).
Among the 48% who supported a tax increase, residents were split on the method that should
be used: 25% preferred levying a property tax and 23% preferred increasing the sales tax.
Although residents preferred raising taxes to cutting services, 30% of those surveyed in the
random sample did not have an opinion on the issue. This suggests that the Town will need
to conduct a significant education effort before proceeding with any of the options that are
currently being considered.
¾ Residents Generally Agree with Most of the Initiatives in the Strategic Plan. Residents
were asked to rate their level of agreement with 21 initiatives that were being considered for
the Strategic Plan. Among the items that were rated, the percentage of residents from the
random sample who agreed with the initiative was greater than the percentage who disagreed
with the initiative for 16 of the 21 items that were assessed. The initiatives that residents
liked most based on the ratio of those who agreed with the initiative to those who disagreed
are provided below.
Initiatives Residents Liked Best (ratio of agree to disagree)
o Ensure high quality housing is maintained (44 to 1)
o Local government work together with local schools (22 to 1)
o Establish architectural controls for commercial aesthetics (16 to 1)
o Strictly enforce General Plan and zoning ordinances (16 to 1)
o Strengthen small town identity (13 to 1)
o Require new development to use native vegetation (7 to 1)
o Develop an activity center for teens (6 to 1)
o Enhance stewardship of the local environment (5 to 1)
o Promote lifelong learning for all ages (5 to 1)
ETC Institute (October 2005) Executive Summary - 5
¾ Initiatives that Residents Would Be Most Willing to Fund. Residents were asked how
willing they would be to fund 21 initiatives that were being considered for the Strategic Plan.
Residents were provided with the estimated annual cost of providing each item. They were
not given revenue information that may have offset the costs. The chart below shows the
willingness of respondents from the random sample to fund each of the items that were
assessed on the survey. The chart is divided into three tiers.
o The top tier shows the items that residents are generally willing to fund. At least
50% of the respondents were willing to fund these items and fewer than 30% were
opposed to these initiatives.
o The middle tier shows the items that have mixed support. At least 40% of the
respondents were willing to fund these items and fewer than 40% of those surveyed
were opposed to these initiatives.
o The bottom tier shows the items that are generally not supported. Fewer than 40%
of the respondents were willing to fund these items and more than 40% of those
surveyed were opposed to these initiatives.
ETC Institute (October 2005) Executive Summary - 6
¾ Priorities for Action: Vision-Funding Matrix. The matrix below shows the results of the
survey on two axes.
o Horizontal Axis (Vision). The percentage of residents who though the Town should
implement each of the strategic planning initiatives is plotted on the horizontal axis.
Items to the left of the matrix had a lower level of agreement about implementing the
initiative than those on the right side of the matrix.
o Vertical Axis (Funding). The percentage of residents who were willing to fund
each of the strategic planning initiatives is plotted on the vertical axis. Items in the
top half have higher support for funding than those at the bottom of the matrix.
The four quadrants reflect the priority that the Town should place on the implementation of
each initiative. Each quadrant is briefly described below:
o Upper Right - Building Blocks for the Future. Items in the top two quadrants
should receive the highest priority for implementation. The items in the upper right
quadrant should be the items that provide the foundation of the vision of the strategic
plan. These items have high vision and high funding ratings.
o Upper Left - Essential Elements. The items in the upper left quadrant are
initiatives that residents generally see as being necessary, which is the reason that
they are willing to fund them, but these items should not be the cornerstone of the
strategic plan.
o Lower Right – Continue Dialog. The items in the lower right quadrant are
initiatives that residents think are good ideas (high level of agreement), but they are
not currently ready to fund these items. The Town should continue discussing these
initiatives and try to identify alternative sources of funding.
o Lower Left – Special Interest Priorities. The items in the lower left quadrant are
initiatives that residents are generally not willing to fund and they do not strongly
agree with their implementation. Most of the items in this quadrant will be supported
by special interest groups in the community. While continued discussion is
appropriate, it is very unlikely that the community will support investments in these
areas in the near future.
ETC Institute (October 2005) Executive Summary - 7
Based on the matrix shown above the Town’s implementation priorities for the strategic plan (in
no particular order) should include the following:
• Working more closely with local schools
• Requiring new residential development to use native vegetation
• Strictly enforcing the General Plan and zoning ordinances
• Strengthening the small-town identity of Fountain Hills
• Enhancing the Town’s stewardship of the natural environment by improving view corridors
and adding trails
• Establishing an architectural review board
• Investing in initiatives that will support lifelong learning for people of all ages
• Annex of State Trust Land
• Adding recreation amenities and programs
• Enhancing pedestrian safety
• Ensuring streets are well maintained
The final report will include a ranking of these initiatives.
Charts and Graphs
Perceptions thatResidents Have of theTown of Fountain HillsDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)1
Source: ETC Institute (Fountain Hills 2005)67%50%54%34%30%43%33%41%3%6%11%19%1%1%2%7%Fountain Hills as a place to liveOverall quality of life in Fountain HillsFountain Hills as a place to retireFountain Hills as a place to raise children0% 20% 40% 60% 80% 100%Excellent (1) Good (2) Average (3) Below Average (4/5)by percentage of respondents who rated the item as a 1 to 5 on a 5-point scale (excluding don't knows)Perceptions that Residents Have About the Town of Fountain Hills Most residents of Fountain Hills feel good about their community. Less than 1% of those surveyed gave negative ratings for the Town "as a place to live."DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)2
Source: ETC Institute (Fountain Hills 2005)97%93%84%77%As a place to liveOverall quality of life0% 20% 40% 60% 80% 100%Fountain Hills U.S. Average*by percentage of respondents who rated the item as a 4 or 5 on a 5-point scale where 5 means "excellent"(excluding don't knows)Perceptions that Residents Have About Their Community Fountain Hills vs. U.S. Average Ratings for "qualityof life" and the desirability of the community "as a place to live" were significantly higher in Fountain Hills than the U.S. Average**U.S. Average is based on the results of a national survey conducted by ETC Institute during Sept 2005.DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)3
Source: ETC Institute (Fountain Hills 2005)97%93%87%75%97%96%85%75%Fountain Hills as a place to liveOverall quality of life in Fountain HillsFountain Hills as a place to retireFountain Hills as a place to raise children0% 20% 40% 60% 80% 100%Random SampleTown Hallby percentage of respondents who rated the item excellent or good (excluding don't knows)Perceptions that Residents Have About the Town of Fountain Hills Random Sample vs. Town HallTown Hall participants and the random sample of residents that were surveyed shared similar views about the desirability of Fountain Hills as a place to live, retire, and raise children.DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)4
Why Residents Decided to Live in Fountain Hills andThe Reasons They Plan to StayDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)5
Source: ETC Institute (Fountain Hills 2005)91%86%83%77%71%69%64%61%57%55%49%37%23%22%15%Low crime rateAppearance/views, and overall beauty of the townQuality of housingSmall-town atmosphere in the communityFinancial stability of local governmentsCommitment to preserving/protecting environmentLevel of taxationTown is a planned community with standards/controlQuality of local governmental servicesAvailability of parks and open spaceAvailability of shopping to meet residents needsAvailability of recreational activitiesProximity to family and friendsAvailability of arts/cultural amenitiesEmployment opportunities0% 20% 40% 60% 80% 100%Extremely Important (1) Very Important (2)by percentage of respondents who rated the item extremely or very important Q2. How Important Various Reasons Were to Residents When Deciding to Live in Fountain HillsRANDOM SAMPLE ONLYDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)6
Source: ETC Institute (Fountain Hills 2005)Q2. Differences in the Reasons People Decided to Live in Fountain Hills: Random Sample vs. Town Hallby percentage of respondents who rated the item extremely or very important 22%86%71%64%83%91%15%49%31%91%76%42%69%83%8%44%More Important to TOWN HALLAvailability of arts/cultural amenitiesAppearance/views, and overall beauty of the townFinancial stability of local governmentsMore Important to the RANDOM SAMPLELevel of taxationQuality of housingLow crime rateEmployment opportunitiesAvailability of shopping to meet residents needs0% 20% 40% 60% 80% 100%Random Sample Town HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)7
51%51%40%29%17%14%13%12%10%7%7%6%3%3%2%Small-town atmosphere in the communityLow crime rateAppearance/views, and overall beauty of the townLevel of taxationQuality of housingAvailability of shopping to meet residents needsCommitment to preserving/protecting environmentFinancial stability of local governmentsTown is a planned community with standards/controlAvailability of and open spaceQuality of local governmental servicesProximity to family and friendsAvailability of arts/cultural amenitiesAvailability of recreational activitiesEmployment opportunities0% 20% 40% 60%1st Choice 2nd Choice 3rd ChoiceQ3. Most Important Reasons Residents Will Stay in the Town of Fountain Hillsby percentage of respondents who selected the item as one of their top three choicesSource: ETC Institute (Fountain Hills 2005)RANDOM SAMPLE ONLYDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)8
13%10%7%12%51%29%17%31%22%16%20%33%17%8%More Important to TOWN HALLCommitment to preserving/protecting environmentTown is a planned community with standards/controlQuality of local governmental servicesFinancial stability of local governmentsMore Important to the RANDOM SAMPLELow crime rateLevel of taxationQuality of housing0% 20% 40% 60%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)by percentage of respondents who selected the item as one of their top three choicesQ2. Differences in the Reasons People Plan to Stay in Fountain Hills: Random Sample vs. Town HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)9
Awareness of theStrategic PlanDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)10
Source: ETC Institute (Fountain Hills 2005)by percentage of respondentsQ1. Prior to this Survey, Did You Know that the Town of Fountain Hills was Developing a Strategic Plan to Assist in Identifying Priorities for the Town?Yes75%No25%Yes 97%No3%ResidentsTown HallMost residents knew the Town was developing a Strategic PlanDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)11
Best Ways to Inform Residents About the Strategic Planand Other Town IssuesDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)12
Source: ETC Institute (Fountain Hills 2005)71%60%33%23%21%19%16%12%8%6%6%4%2%89%78%34%41%51%31%44%13%14%11%7%8%7%Fountain Hills Times NewspaperTown newsletter, The CompassArizona RepublicTown websiteE-mail from the TownFountain Hills Cable Channel 11Town Hall meetingTelevision newsScottsdale TribuneNeighborhood meetingCondo/home owner association meetingLocal radio stationother0% 20% 40% 60% 80% 100%Residents Town HallBest Ways to Inform Residents About theTown's Strategic Planning Process and Other IssuesRandom Sample vs. Town Hall by percentage of respondents (multiple choices could be selected)The Fountain Hills Times andthe Town Newsletter, The Compass, Were the Preferred Sources of Information for ResidentsDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)13
Preferred Approaches to New DevelopmentDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)14
54%33%11%3%56%35%5%4%Serve ResidentsDestination for TouristsNeitherDon't Know0% 10% 20% 30% 40% 50% 60% 70%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)by percentage of respondentsQ4. Types of New Business Development that Are Preferred in Fountain Hills Residents were 1.6 times morelikely to prefer new business development that serves the needs of residents (54%) than they were to prefer new development that serves tourists (33%)DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)15
31%37%25%7%41%42%14%3%Serve ResidentsDestination for TouristsNeitherDon't Know0% 10% 20% 30% 40% 50%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)by percentage of respondentsQ5. Approaches to the Development of Arts and Cultural Programs/Facilities that are Most Preferred in Fountain Hills Residents were split on their preferenceregarding the types of arts/cultural facilities and programs to develop in Fountain HillsDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)16
Preferred Methodsfor Funding the Town'sProjected Deficit at BuildoutDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)17
25%23%10%12%30%66%11%8%6%9%Levy property taxIncrease sales taxKeep taxes the same now; raise laterCut or reduce servicesDon't know0% 10% 20% 30% 40% 50% 60% 70% 80%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)by percentage of respondentsQ7. Course of Action Residents Thought theTown of Fountain Hills Should Pursue toOffset the Town's Projected DeficitResidents were 2.2 times morelikely to prefer paying a tax increase now (48%) than they were to support reductions in service or delays in the tax increase (22%). DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)18
Agreement with Statements About Issues Being Consideredin the Strategic PlanDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)19
43%39%38%42%39%24%23%25%16%25%16%27%13%21%15%19%7%8%7%7%6%45%43%42%36%34%43%40%36%38%27%34%20%33%25%27%20%22%20%18%17%16%10%13%16%16%17%31%27%28%35%28%29%27%38%31%34%26%50%42%29%42%41%2%5%5%6%10%3%11%12%11%20%20%27%16%23%24%35%21%31%46%34%37%Should ensure high quality housing is maintainedImportant to establish architectural controlsStrictly enforce General Plan and Zoning ordinanceImportant to strengthen small town identityNew development required to use native vegetationGovernment & local schools should work togetherTown should have an activity center for teensShould enhance stewardship of natural environmentTown should promote lifelong learning for all agesShould create a curbside recycling programSafety by adding sidewalks/improve crosswalksNew aquatic/swimming facilities for all agesTown should have more recreation amenitiesFountain Hills should Annex State Trust LandTown should improve public transportation servicesTown should take over garbage collectionTown should resurface streets more oftenNew stand-alone senior centerTown should widen Fountain Hill BlvdTown should have a new performing arts centerTown should develop a new community park0% 20% 40% 60% 80% 100%Strongly Agree (1)Agree (2)Neutral (3)Disagree (4/5)Q6. Level of Agreement with Various Statements About the Future of Fountain HillsSource: ETC Institute (Fountain Hills 2005)by percentage of respondentsRANDOM SAMPLE ONLYThe percentage of residents who agreed with an initative exceeded the percentage who disagreed for 16 of the 21 initiatives that were assessed.DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)20
by percentage of who strongly agreed or agreed with the statementQ6. Level of Agreement with Various Statements About the Future of Fountain HillsRandom Sample vs. Town Hall88%82%79%78%74%67%63%61%54%52%51%46%46%46%42%39%30%27%25%24%22%82%86%82%80%86%72%52%72%57%61%59%57%59%93%45%42%31%35%32%30%32%Should ensure high quality housing is maintainedImportant to establish architectural controlsStrictly enforce General Plan and Zoning ordinanceImportant to strengthen small town identityNew development required to use native vegetationGovernment & local schools should work togetherTown should have an activity center for teensShould enhance stewardship of natural environmentTown should promote lifelong learning for all agesShould create a curbside recycling programSafety by adding sidewalks/improve crosswalksNew aquatic/swimming facilities for all agesTown should have more recreation amenitiesFountain Hills should Annex State Trust LandTown should improve public transportation servicesTown should take over garbage collectionTown should resurface streets more oftenNew stand-alone senior centerTown should widen Fountain Hill BlvdTown should have a new performing arts centerTown should develop a new community park0% 20% 40% 60% 80% 100%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)21
Willingness to Fund Initiatives Being Consideredin the Strategic PlanDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)22
58%30%44%25%21%12%17%16%13%14%13%12%12%17%16%12%7%6%7%7%4%22%31%17%33%35%38%30%28%30%29%27%22%21%16%15%17%20%18%15%12%13%14%19%21%16%24%28%23%24%26%20%27%24%23%16%18%19%28%27%19%20%24%7%20%18%26%20%22%30%32%30%36%33%42%44%52%51%52%45%50%59%61%59%Have the town work more closely with schoolsRequire residential devlp. to use native veg.Annex State Trust LandAdd recreation amenities and programsStrictly enforce General Plan and Zoning ordinanceEnsure all streets are well maintained/smoothEstablish an architectural review boardEnhance pedestrian safetyInvest in lifelong learning opportunities for allActivities that will strengthen town identityEnhance the town's stewardship of the environmentBuild a new teen activity centerImprove public transport. to and from other townsBuild a new aquatic centerEstablish town operated garbage collection serviceEstablish curbside recycling serviceIncrease enforcement of housing quality codesAcquire land, develop, and maintain 15 acre parkWiden Fountain Hills BlvdBuild a new performing arts centerBuild a larger, stand alone senior center0% 20% 40% 60% 80% 100%Very Willing (1) Somewhat Willing (2) Not sure (3) Not Willing (4)Q8. Willingness of Residents to Pay Additional User Fees, Property Taxes, and/or Sales Taxes to Help Fund Various Items in Fountain HillsSource: ETC Institute (Fountain Hills 2005)by percentage of respondentsWidely Supported Spt >50%and Opp<30%MixedSupport Spt >40%and Opp<40%NotSupported Spt <40%and Opp>40%RANDOM SAMPLE ONLYDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)23
80%61%61%59%56%50%47%44%44%43%40%34%34%33%31%29%26%24%22%19%17%90%58%99%69%61%54%56%57%54%66%50%31%41%51%43%35%35%38%33%28%35%Have the town work more closely with schoolsRequire residential devlp. to use native veg.Annex State Trust LandAdd recreation amenities and programsStrictly enforce General Plan and Zoning ordinanceEnsure all streets are well maintained/smoothEstablish an architectural review boardEnhance pedestrian safetyInvest in lifelong learning opportunities for allActivities that will strengthen town identityEnhance the town's stewardship of the environmentBuild a new teen activity centerImprove public transport. to and from other townsBuild a new aquatic centerEstablish town operated garbage collection serviceEstablish curbside recycling serviceIncrease enforcement of housing quality codesAcquire land, develop, and maintain 15 acre parkWiden Fountain Hills BlvdBuild a new performing arts centerBuild a larger, stand alone senior center0% 20% 40% 60% 80% 100%Random Sample Town HallSource: ETC Institute (Fountain Hills 2005)Q8. Willingness to Pay Additional User Fees, Property Taxes, and/or Sales Taxes to Help Fund Various Items in Fountain HillsRandom Sample vs. Town Hallby percentage of stakeholders and residents who were very or somewhat willing to fund the itemDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)24
Perceived Short TermImplementationPriorities for theStrategic PlanDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)25
32%26%24%22%21%18%16%16%15%15%13%13%12%11%11%11%8%7%6%6%4%Annex State Trust LandHave the town work more closely with schoolsRequire residential devlp. to use native veg.Add recreation amenities and programsStrictly enforce General Plan and Zoning ordinanceBuild a new aquatic centerEstablish an architectural review boardActivities that will strengthen town identityEnhance pedestrian safetyEnsure all streets are well maintained/smoothEnhance the town's stewardship of the environmentBuild a new teen activity centerEstablish town operated garbage collection serviceEstablish curbside recycling serviceImprove public transport. to and from other townsInvest in lifelong learning opportunities for allWiden Fountain Hills BlvdIncrease enforcement of housing quality codesAcquire land, develop, and maintain 15 acre parkBuild a new performing arts centerBuild a larger, stand alone senior center0% 10% 20% 30% 40% 50% 60% 70%by percentage of respondents who selected the item as one of their top four choicesSource: ETC Institute (Fountain Hills 2005)Q9. Most Immediate Priorities for the Town of Fountain Hills to Pursue Over the Next 5 YearsRandom Sample vs. Town Hall DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)26
Recommended Areasfor Action:Vision-FundingAssessment MatricesDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)27
!!!!!!!!!!!!!!!!!!!!!Building Blocks for the FutureVision RatingHigher AgreementLower Agreement6F. High Quality HousingNot viewed a visionary, but residents think these items are needed and they are generally willing to pay for themVisionary items for the community thatresidents are generally willing to fund median agreementmedian willingnessEssential ElementsFountain Hills Strategic Planning Vision-Funding Assessment MatrixRandom Sample Only(points on the graph show deviations from the median agreement (Q6) and willingness to pay (Q8) ratings given by respondents to the survey)6B. Architectural Control6G. General Plan and Zoning ordinances6A. Small Town Identity6N. Low Water Native Vegetation6C. Partner with Local Schools6H. Activity Center for Teens6M. View Corridors & Trails/Washes6E. LIfelong Learning6P. Curbside Recycling Program6T. Pedestrian Safety6I. Aquatic/Swimming Facilities6D. Recreation Amenities6L. State Trust Land6U. Public Transportation Services6O. Garbage Collection Services6R. Resurface Streets6J. Stand-Alone Senior Center6S. Fountain Hills Boulevard6K. Performing Arts Center6Q. New Community ParkFunding RatingSpecial Interest PrioritiesContinue DialogueNot viewed as visionary, and residents are generally not willing to fund these itemsVisionary items that residents aregenerally not willing to fund DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)28
Funding Rating!!!!!!!!!!!!!!!!!!!!!Vision RatingHigher AgreementLower Agreement6F. High Quality Housing6B. Architectural Control6G. General Plan and Zoning ordinances6A. Small Town Identity6N. Low Water Native Vegetation6C. Partner with Local Schools6H. Activity Center for Teens6M. View Corridors & Trails/Washes6E. LIfelong Learning 6P. Curbside Recycling Program6T. Pedestrian Safety6I. Aquatic/Swimming Facilities6D. Recreation Amenities6L. State Trust Land6U. Public Transportation Services6O. Garbage Collection Services6R. Resurface Streets6J. Stand-Alone Senior Center6S. Fountain Hills Boulevard6K. Performing Arts Center6Q. New Community Parkmedian willingnessmedian agreementNot viewed a visionary, but residents think these items are needed and they are generally willing to pay for themEssential ElementsBuilding Blocks for the FutureVisionary items for the community thatresidents are generally willing to fund Not viewed as visionary, and residents are generally not willing to fund these itemsVisionary items that residents aregenerally not willing to fund Special Interest PrioritiesContinue DialogueFountain Hills Strategic Planning Vision-Funding Assessment MatrixTown Hall Only(points on the graph show deviations from the median agreement (Q6) and willingness to pay (Q8) ratings given by respondents to the survey)DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)29
DemographicsDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)30
Under 3510%35-44 years15%45-54 years23%55-64 years23%65-74 years18%75+ years10%Not provided1%Under 351%35-44 years12%45-54 years7%55-64 years27%65-74 years37%75+ years16%Demographics: Age of Respondentsby percentage of respondentsSource: ETC Institute (Fountain Hills 2005)Random SampleTown HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)31
Under $25,0004%$25,000 to $49,99914%$50,000 to $74,99917%$75,000 to $99,99917%$100,000 to $149,99916%$150,000 or more17%Not provided15%Under $25,0002%$25,000 to $49,99914%$50,000 to $74,99918%$75,000 to $99,99916%$100,000 to $149,99920%$150,000 or more15%Not provided15%Demographics: Annual Household Incomeby percentage of respondentsSource: ETC Institute (Fountain Hills 2005)Random SampleTown HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)32
Yes56%No42%Not provided2%Yes49%No50%Not provided1%Demographics: Are You Employed?Source: ETC Institute (Fountain Hills 2005)by percentage of respondentsRandom SampleTown HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)33
Year-Round93%Seasonal6%Not provided1%Year-Round99%Seasonal1%Demographics: Are You a Year-Round or Seasonal Resident of Fountain Hillsby percentage of respondentsSource: ETC Institute (Fountain Hills 2005)Random SampleTown HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)34
2%94%1%1%1%0%2%0%97%1%0%0%0%2%OtherWhite (Non-Hispanic)African American (Non-Hispanic)Asian Pacific IslanderNative AmericanOtherNot Provided0% 20% 40% 60% 80% 100%Random SampleTown HallDemographics: Raceby percentage of respondentsSource: ETC Institute (Fountain Hills 2005)DRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)35
Demographics: Genderby percentage of respondents Source: ETC Institute (Fountain Hills 2005)Male52%Female48%Male50%Female50%Random SampleTown HallDRAFTFountain Hills Strategic Planning Survey: Final ResultsETC Institute (October 2005)36
Survey Instrument
Town of Fountain Hills Strategic Planning Survey
Please take a few minutes to complete this important survey. Your input will be used to set short and
long-term priorities for our community. If you have questions, please call the Strategic Plan Update
line: 480-816-5295.
1. Prior to this survey, did you know that the Town of Fountain Hills was developing a strategic
plan to assist in identifying priorities for the Town?
___(1) Yes ___(2) No ___(9) Not sure
2. Using a scale from "1" to "5" where "1" is "Extremely Important" and "5" is "Not Important,”
please indicate how important each of the following reasons were in your decision to live
in Fountain Hills?
Reason Extremely
Important
Very
Important Important Less
Important
Not
Important
A. Small-town atmosphere in the community 1 2 3 4 5
B.Availability of shopping to meet the needs of local
residents 1 2 3 4 5
C. Low crime rate 1 2 3 4 5
D.Quality of housing 1 2 3 4 5
E. Level of taxation 1 2 3 4 5
F.Employment opportunities 1 2 3 4 5
G. Availability of arts and cultural amenities 1 2 3 4 5
H.Quality of local governmental services 1 2 3 4 5
I. Financial stability of local government 1 2 3 4 5
J.Appearance, views, and overall beauty of the Town 1 2 3 4 5
K. Proximity to family and friends 1 2 3 4 5
L.Availability of parks and open space 1 2 3 4 5
M. Availability of recreational activities 1 2 3 4 5
N.The Town is a planned community with specific
standards for architecture and controls for zoning 1 2 3 4 5
O.The community’s commitment to preserving and
protecting environmental resources 12345
3. Which of the items listed above will have the MOST impact on your decision to stay in the
Town of Fountain Hills. [List up to 3 choices using the letters from Question #2; if none of these
issues will impact your decision to stay in the Town, circle “NONE.”]
1st : _____ 2
nd:_____ 3
rd: _____ NONE
4. New Business Development in Downtown Fountain Hills. Which of the following approaches tonew businesses development in downtown Fountain Hills would you prefer:
___(1) Attract new businesses that mainly serve the needs of local residents___(2) Attract new businesses and shopping areas that would be destinations for tourists and
residents from other communities___(3) Neither of these; new businesses are not needed in Fountain Hills
___(9) Don’t know
5. Arts and Cultural Programs and Facilities. Which of the following approaches to the development
of arts and cultural programs and facilities in downtown Fountain Hills would you prefer:
___(1) Develop arts and cultural programs and facilities that mainly serve the needs of local residents
___(2) Develop arts and cultural programs and facilities that would be destinations for tourists
and residents from other communities
___(3) Neither of these; more arts and cultural amenities are not needed in Fountain Hills
___(9) Don’t know
6. Community Vision. Several statements about the future of Fountain Hills are listed below. Using
a scale from "1" to "5" where "1" means "Strongly AGREE" and "5" means "Strongly
DISAGREE," please indicate your level of agreement with the following:
Reason Strongly
Agree Agree Neutral Disagree Strongly
Disagree
A. It is important to strengthen the small town identity of Fountain Hills 1 2 3 4 5
B.It is important to establish architectural controls for commercial aesthetic
compatibility in Fountain Hills 1 2 3 4 5
C.The Town government and local schools should work together more
closely 12345
D.Fountain Hills should have more recreation amenities 1 2 3 4 5
E. The Town should promote lifelong learning for residents of all ages 1 2 3 4 5
F.The Town should ensure that high quality housing is maintained 1 2 3 4 5
G. The Town should strictly enforce General Plan and Zoning ordinances 1 2 3 4 5
H.The Town should have an activity center for teens 1 2 3 4 5
I.The Town should have new aquatic/swimming facilities for people of all
ages 12345
J.Fountain Hills should have a new stand-alone senior center 1 2 3 4 5
K. Fountain Hills should have a new performing arts center 1 2 3 4 5
L.Fountain Hills should annex State Trust Land 1 2 3 4 5
M.
Fountain Hills should do more to enhance the Town’s stewardship of the
natural environment by establishing view corridors and adding
trails/washes
12345
N.The Town should require new residential development to use low water
native vegetation for landscaping 1 2 3 4 5
O.The town should take over garbage collection services instead of having
several private contractors to choose from 12345
P.Fountain Hills should create a curbside recycling program 1 2 3 4 5
Q. Fountain Hills should develop a new community park 1 2 3 4 5
R.Fountain Hills should resurface streets more often 1 2 3 4 5
S. The Town should widen Fountain Hills Boulevard 1 2 3 4 5
T.Fountain Hills should enhance pedestrian safety by adding sidewalks and
improving striping at crosswalks 1 2 3 4 5
U.The Town should Improve public transportation services to and from
Fountain Hills and other communities 12345
7. Although the Town of Fountain Hills is currently in good financial shape, when the Town reaches
buildout in as few as nine years a revenue shortfall is projected due to the loss of new
construction revenue and a diminishing share of State funds. Knowing this, which of the following
courses of action do you think the Town should pursue:
___(1) Raise revenue by levying a primary property tax of approximately $66 per year per household to
eliminate the projected deficit and keep the Town’s current service levels the same (the Town
does not currently have a primary property tax)
___(2) Raise revenue by increasing the Town’s sales tax by 0.2 cents which will cost the average
household approximately $66 per year (the current sales tax rate is 8.9 cents)
___(3) Keep service levels the same, but postpone raising revenue until a future date. By
delaying an increase in revenue, the annual payments that will be paid by residents in the
future will be higher than the amount currently estimated of $66 per household
___(4) Cut or reduce services provided by the Town
___(9) Don’t know/Need more information
8. Willingness to Pay. Since the Town of Fountain Hills is projected to have a deficit at buildout,
many of the projects that are being considered for the Strategic Plan cannot be implemented
without additional funding. For each of the items listed below, please indicate how willing you
would be to pay the additional cost shown. The additional cost would be paid through user
fees, property taxes, and/or sales taxes. Remember that the costs listed would be in addition to
the estimated annual cost of $66 per household required to maintain services at existing levels.
How willing would you be to pay to:Very
Willing
Somewhat
Willing
Not
Sure
Not
Willing
A.Invest in activities that that will strengthen the community’s small town identity, such as
celebration days and events (annual cost of $32 per household)1 2 3 4
B.Establish an architectural review board to ensure the architectural aesthetic compatibility
of commercial property in Fountain Hills (annual cost of $8 per household)1234
C.Have the Town work more closely with local schools (annual cost of $0 per household)1 2 3 4
D.Add recreation amenities, such as hiking trails and bike lanes, and programs, such as
concerts, to the Town’s parks & recreation system (annual cost of $17 per household)1234
E.Invest in initiatives that will support lifelong learning opportunities for residents of all ages
(annual cost of $10 per household)1 2 3 4
F.Increase enforcement of housing quality codes by inspecting existing properties
whenever occupancy changes (annual cost of $30 per household)1234
G.Strictly enforce General Plan and Zoning ordinances (annual cost of $8 per household)1 2 3 4
H.Build a new teen activity center (annual cost of $41 per household) 1 2 3 4
I.Build a new aquatic (swimming) center that has features for people of all ages
(annual cost of $84 per household)1 2 3 4
J.Build a larger, stand-alone senior center (annual cost of $42 per household)1 2 3 4
K.Build a new performing arts center (annual cost of $48 per household)1 2 3 4
L.Annex State Trust Land (annual cost of $0 per household)1 2 3 4
M.Enhance the Town’s stewardship of the natural environment by establishing view
corridors and adding/improving trails and washes (annual cost of $68 per household)1 2 3 4
N.Require new residential development to use low water native vegetation for landscaping
(annual cost of $10 per household)1234
O.Establish a Town-operated garbage collection service (annual cost of $276 per
household – this fee would replace what you pay for your current garbage service)1 2 3 4
P.Establish a curbside recycling program (annual cost of $105 per household)1234
Q.Acquire land, develop, and maintain a new 15-acre community park
(annual cost of $68 per household)1 2 3 4
R.Ensure all streets in Fountain Hills are well maintained and smooth
(annual cost of $120 per household)1234
S.Widen Fountain Hills Boulevard (annual cost of $25 per household)1 2 3 4
T.Enhance pedestrian safety by adding sidewalks and improving striping at crosswalks
(annual cost of $17 per household )1234
U.Improve public transportation services to and from Fountain Hills and other communities
(annual cost of $20 per household )1 2 3 4
9. Of the items listed in Q#8 (above) that you would be willing to fund, which ones do you think
are the most IMMEDIATE items for the Town of Fountain Hills to pursue over the next 5
years? [List up to 4 choices using the letters from Question 8; if do not think any of the items are
needed in the next 5 years, circle “NONE.”]
1st : _____ 2
nd:_____ 3
rd: _____ 4th:______ NONE
10. In addition to those listed in Question #9, what other items would you be willingto fund over the next 6-10 years? [List up to 4 choices using the letters from Question 8; DO
NOT LIST ITEMS THAT YOU ALREADY LISTED IN Question 9; if do not think any other itemsare needed in the next 10 years, circle “NONE.”]
1st : _____ 2
nd:_____ 3
rd: _____ 4th:______ NONE
11. Which of the following would be the best way(s) to inform you about the Town’s strategic
planning process and other Town issues? (check all that apply)
___(01) The Town newsletter, The Compass
___(02) Television News
___(03) Fountain Hills Cable Channel 11
___(04) Fountain Hills Times Newspaper
___(05) Scottsdale Tribune Newspaper
___(06) Arizona Republic Newspaper
___(07) Town website (www.fh.az.gov)
___(08) Condo/home owner association meetings
___(09) Local radio station (1620 AM, KFHX)
___(10) Town Hall Meeting
___(11) Neighborhood meeting
___(12) E-mail from the Town
___(99) Other: _________________________
12. Several items that may influence your perception of the Town of Fountain Hills are listed below.
Using a scale of 1 to 5, where “1” means “excellent” and “5” means “poor,” please rate thefollowing:
How Would You Rate…Excellent Good Average Below
Average Poor Don't
Know
A. The Town of Fountain Hills as a place to live 1 2 3 4 5 9
B.The Town of Fountain Hills as a place to raise children 1 2 3 4 5 9
C. The Town of Fountain Hills as a place to retire 1 2 3 4 5 9
D.The overall quality of life in Fountain Hills 1 2 3 4 5 9
DEMOGRAPHICS. The following information will help us better understand the needs of our community.
13. How many persons living in your household (counting yourself), are?
Under age 10 ____ Ages 24-34 ____ Ages 55-64 ____
Ages 10-19 ____ Ages 35-44 ____ Ages 65-74 ____Ages 20-24 ____ Ages 45-54 ____ Ages 75+ ____
14. What is your age?
____(1) under 35 year
____(2) 35-44 years
____(3) 45-54 years
____(4) 55-64 years
____(5) 65-74 years
____(6) 75+ years
15. Would you say your total annual household income is:
____(1) Under $25,000
____(2) $25,000 to $49,999____(3) $50,000 to $74,999
____(4) $75,000 to $99,999
____(5) $100,000 to $149,999____(6) $150,000 or more
16. Are you employed?
____(1) Yes – if YES, in which zip code do you work? _______________
____(2) No
17. Are you a year-round or seasonal resident of Fountain Hills?
____(1) Year- Round ___(2) Seasonal
18. Approximately how many months per year do you spend in Fountain Hills? _________ months
19. Which of the following best describes your race? (check all that apply)
____(1) Hispanic/Latino
____(2) White (Non-Hispanic)
____(3) African American (Non-Hispanic)
____(4) Asian/Pacific Islander
____(5) Native American
____(6) Other: __________________
20. Your gender: ____(1) Male ____(2) Female
The Town of Fountain Hills Thanks you for your time!
Please Return Your Completed Survey in the Enclosed Postage Paid Envelope Addressed to:
ETC Institute, 725 W. Frontier Circle, Olathe, KS 66061
The information printed on the sticker to the right will be used
to help identify which areas of the Town have needs for various
services. If your address is not correct, please provide the
correct information. Thank you.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: Nov. 3, 2005
Submitting Department: Parks and Recreation Contact Person: Mark Mayer
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: Skate Park design
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Presentation of the design of the skate park by Mr. Brad Siedlecki, with Site Design
Group, Inc.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Site Design Group, Inc. was hired to complete the design of a
skate park and the construction documents for this project.
The design is for both the "street" and the "flow" phases. Approval has only been given to construct the "street"
portion of the course. Any subsequent construction of the "flow" course would need to utilize outside funding.
The Park and Recreation Commission reviewed the design at its October 10, 2005, meeting and is recommending
acceptance of the design.
List All Attachments as Follows: Plan schematic
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 3, 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
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from October 6, 2005.
Staff Recommendation: Approve Fiscal Impact: No $
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: None
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: November 3, 2005
Submitting Department: Administration Contact Person: Pickering
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-60, approving an intergovernmental
agreement with the Fort McDowell Yavapai Indian Nation relating to Proposition 202 funding.
Staff Recommendation: Approve Fiscal Impact: Yes $
Purpose of Item and Background Information: This intergovernmental agreement will provide for funding
under the Gaming Compact 2002 for governmental services that benefit the general public, which met the criteria
under one of the following funding catagories: public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development. The various groups awarded funding were: Fountain Hills Veteran's
Memorial ($42,928.00 for tourism), Town of Fountain Hills Visitor's Bureau ($80,000.00 for tourism), Fountain
Hills Sheriff's Posse ($12,500.00 for public safety), and the Town of Fountain Hills Boys and Girls Club
($12,500.00 for youth programs). Staff recommends approval.
List All Attachments as Follows: Resolution 2005-60 and the intergovernmental agreement
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
RESOLUTION NO. 2005-60
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Intergovernmental Agreement between the Town of Fountain
Hills and the Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion
of tourism and other public programs (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, November 3, 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
612338.1
EXHIBIT A
[Intergovernmental Agreement]
See following pages.
612338.1
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds For Promoting Tourism and other Public Programs
in the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
608770.3
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Tourism and other Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the “Town”) and the Fort McDowell Yavapai Nation
(the “Nation”), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory
Costs; Tribal Contributions (“Section 12”) of the Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002 (the “Compact”) and A.R.S. § 5-601.02.
Recitals
A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation’s annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that
benefit the general public or promote commerce and economic development and pursuant to A.R.S. §
5-601.02.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution
of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform
agreements with Federal, state, local governments and Indian tribes, as well as any person,
association, partnership, corporation, government or other private entity.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian
Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services
that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion
of commerce and economic development.
D. Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
tourism and other public programs in the State of Arizona and specifically the Town of Fountain Hills
and surrounding communities, as designated by the Nation, hereinafter referred to as the “Designated
Projects”, as more particularly described in Exhibit A attached hereto and incorporated herein by
reference.
E. Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations’ funding of the Designated Projects.
F. The total cost of the Designated Projects is One Hundred Forty-Seven Thousand, Nine Hundred
Twenty-Eight dollars and zero cents ($147,928.00).
G. $147,928.00 is hereby made available for the Designated Projects from revenue generated by the
Nation’s Gaming Enterprise also known as the Fort McDowell Casino.
H. The Nation intends to provide $147,928.00 (the “Funds”), which represents a portion of its
contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the
Compact and A.R.S. § 5-601.02 to complete the Designated Projects.
608770.3
Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Projects. The Designated Projects consist of the Nation providing the Funds to entities
within the Town of Fountain Hills to promote tourism and other public programs in the Town of
Fountain Hills and surrounding area, as identified in the attached Exhibit A. Funding Agreements
shall be executed by and between the Nation and Designated Entities; provided, however, the Town
shall not be a party to such funding requests.
2. Disbursement of Funds. Promptly after receipt of the Funds and an executed Funding Agreement
between the Nation and the respective Designated Entity, the Town shall send a payment to such
Designated Entity in the amount of the payment received from the Nation.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town’s promise to accept
and disburse to the Designated Entities all Funds received by the Town pursuant to this Agreement is
full and adequate consideration and shall render this promise to provide funding irrevocable, and this
Agreement shall constitute a binding obligation of the Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entities. The Parties agree that there are no third-party
beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $147,928.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated
Project amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entities. The Town’s responsibility is limited to disbursement to each
Designated Entities and the Town’s has no further duty with regard to third party Agreements
executed between the Nation and Designated Entities, provided that the disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town’s limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or
revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date
of such termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation’s
authorized representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the
funds have been received by the Town and disbursed to the Designated Entities.
608770.3
2
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior
to providing payment to the Town, provided that such notice shall be in writing and delivered to
the parties’ designated representatives, as set forth in the Notice section.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its
governing body, officers, departments, employees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties,
damages, liability, interest, attorney’s, consultant’s, and account’s fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liability for Other Party’s Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without
limitation the other party’s obligation to withhold employment and income taxes for itself or any
of its employees.
C. Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole
or in part, of this Agreement for a period of one (1) year from the date of such termination,
cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case
this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 survive more than five (5) years from the date of termination, cancellation or
revocation of this Agreement.
9. Interpretation of Agreement.
A. Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter contained herein, and all prior or contemporaneous agreements
and understandings, oral or written, are hereby superceded and merged herein.
B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by
written agreement signed by both parties.
C. Construction and Interpretation. All provisions of this Agreement shall be construed to be
consistent with the intention of the parties as expressed in the recitals contained herein.
D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the
other party to this Agreement.
E. Days. Days shall mean calendar days.
F. Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on other
provisions and their application which can be given effect without the invalid or void provision or
application, and to this extent the provisions of the Agreement are severable. In the event that
any provision of this Agreement is declared invalid or void, the parties agree to meet promptly
upon request of the other party in an attempt to reach and agreement on a substitute provision.
608770.3
3
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or
condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or
any subsequent breach of the same or any other term, covenant, or condition contained herein.
11. Notification. Any notice, communication, or modification shall be given in writing and shall be
given by registered or certified mail or in person to the following individuals. The date of receipt of
such notices shall be the date the notice shall be deemed to have been given.
For the Fort McDowell Yavapai Nation:
Orlando Moreno, General Manager Ronald Rosier, General Counsel
Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779
Fountain Hills, AZ 85269 Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Timothy Pickering, Town Manager Andrew McGuire, Town Attorney
Town of Fountain Hills GUST ROSENFELD, P.L.C.
16705 E. Avenue of the Fountains 201 E. Washington, Suite 800
Fountain Hills, AZ 85268 Phoenix, Arizona 85004-2327
12. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest,
obligations, covenants, or performance under this Agreement. Any termination shall not relieve
either party from liabilities or costs already incurred under this Agreement.
13. Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
608770.3
4
IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to
be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the
Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be
executed by the Nation’s Tribal Council and attested to by its Clerk.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Pansy Thomas, Secretary Raphael R. Bear
Fort McDowell Yavapai Nation President, Tribal Council
Fort McDowell Yavapai Nation
Date
ATTEST: TOWN OF FOUNTAIN HILLS
Bevelyn J. Bender, Clerk Timothy G. Pickering
Town of Fountain Hills Town Manager
Town of Fountain Hills
Date
608770.3
5
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the
FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and
that execution hereof is within the powers and authority granted under the Constitution of the Fort
McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19,
1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This
acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort
McDowell Yavapai Nation.
Ronald Rosier, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to
the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution
hereof is within the powers and authority granted under the laws of the State of Arizona.
Andrew J. McGuire, Town Attorney Date
608770.3
6
EXHIBIT A
DESIGNATED PROJECTS
Project(s) Purpose Award Contact
Fountain Hills Tourism $42,928.00 Samuel Coffee
Veteran’s Memorial Inc. 15523 E. Emerald Dr.
Ftn. Hills, AZ 85269
Town of Fountain Hills Tourism $80,000.00 Frank Ferrara
Visitor’s Bureau 16837 Palisades Blvd.
Ftn. Hills, AZ 85269
Fountain Hills Public Safety $12,500.00 Daniel Krouse
Sheriff’s Posse P.O. Box 17144
Ftn. Hills, AZ 85269
Town of Fountain Hills Youth Programs $12,500.00 Jim Stratton
Boys & Girls Club 14605 N. Del Cambre
Ftn. Hills, AZ 85268
(480) 344-5400
TOTAL $147,928.00
608770.3
7
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: Nov. 3, 2005
Submitting Department: Parks and Recreation Contact Person: Mark Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of Resolution 2005-54, establishing bylaws for the Senior Services
Commission.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: One of the requests made by the Senior Services of Fountain
Hills, Inc. at the time that the Senior Services program came under the Town was to create an advisory
commission.
The attached bylaws mirror those of other advisory commissions that have been established by the Town. The
bylaws have been reviewedand approved by the Town Attorney and were reviewed by Mr. O'Flynn, former Chair
of the Senior Services group, who provided several suggestions which were incorporated into the document.
List All Attachments as Follows: Proposed Bylaws
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
612540.3
RESOLUTION NO. 2005-54
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ESTABLISHING THE SENIOR SERVICES
ADVISORY COMMISSION AND ADOPTING BYLAWS FOR ITS
GOVERNANCE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. There is hereby established a Senior Services Advisory Commission (the
“SSAC”) for the Town to advise the Town Council and the Town Manager with respect to the
Senior Activity Center and senior programs. The SSAC shall be a regularly-scheduled
commission and shall consist of seven members who shall be appointed and hold their seats in
accordance with Section 9 of the Town Council Rules of Procedure, as amended.
SECTION 2. The Bylaws for the SSAC are hereby approved in the form attached hereto
as Exhibit A and incorporated herein by reference.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, November 3, 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
612540.3
EXHIBIT A
[Senior Services Advisory Commission Bylaws]
See following pages.
612540.3
SENIOR SERVICES ADVISORY COMMISSION BYLAWS
I. Officers
The commission shall elect a chairperson and vice chairperson from among its own members,
who shall serve for one (1) year and until their successors are elected and qualified. The
chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives
of the head of any similar organization. The vice chairperson shall perform the duties of the
chairperson in the latter's absence or disability. The commission may appoint other offices (e.g.,
secretary, etc.) as may be required.
II. Powers and Duties
The commission shall have the powers and duties to:
A. Act in advisory capacity to the Town Council and Town Manager in all matters
pertaining to the Senior Activity Center and senior programs.
B. Act as liaison between the Town Council and the Senior Services of Fountain
Hills, Arizona, a 501(c)(3).
C. Consider provisions of the Town’s annual budget for commission purposes during
the process of the preparation of the budget and make recommendations with respect thereto to
the Parks and Recreation Director.
D. Make recommendations with respect to the planning of programs to the Parks and
Recreation Director.
E. Advise the Parks and Recreation Director with respect to the acceptance of money
or personal property donated or offered to the Town for the commission.
F. Perform such other duties not inconsistent with these bylaws as may be requested
by the Town Council.
III. Membership
All matters concerning membership on the commission including, but limited to, appointments,
terms, vacancies and removal, shall be in accordance with Section 9 of the Town Council Rules
of Procedure, as amended.
IV. Meetings
A. The commission shall meet once monthly unless otherwise designated. Special
meetings may be called by the chairperson or in his or her absence, the vice chairperson. In
612540.3
addition, any three (3) members of the commission may make written request to the chairperson
for a special meeting.
B. All meetings of the commission shall be open to the public and are subject to the
Arizona Open Meeting Law.
V. Conduct of Business
A. Four (4) members shall constitute a quorum. The affirmative vote of four (4)
members shall be required for passage of any matter before the commission. A member may
abstain from voting only upon a declaration that he has a conflict of interest, in which case such
member shall take no part in the deliberations on the matter in question.
B. Robert’s Rules of Order shall serve as a guide for the conduct of business,
however, the chairperson of the commission shall have the authority and discretion to decide all
matters of procedure.
VI. Compensation
The members of the commission shall serve without compensation for their services as such but
may receive reimbursement for necessary travel and other expenses incurred on official duty
with appropriate prior authorization.
VII. Ex-Officio Members
The Mayor, with the consent of the Town Council, may from time to time appoint ex-officio
members to the commission. Such members shall serve at the pleasure of the Mayor and Town
Council. Ex-officio members shall not be entitled to vote on any matter brought before the
commission.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: Nov. 3, 2005
Submitting Department: Parks and Recreation Contact Person: Mark Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of Resolution 2005-53, establishing By-laws for the McDowell
Mountain Preservation Commission.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The McDowell Mountain Preservation Commission was
established a number of years ago. However, bylaws for the group were not established when the Commission
was formed.
The attached resolution and bylaws, will help formalize this Commission. The bylaws were reviewed and
approved by the Commission and Town Attorney.
List All Attachments as Follows: Propsed Bylaws
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
612543.1
RESOLUTION NO. 2005-53
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, CONTINUING THE MCDOWELL
MOUNTAIN PRESERVE COMMISSION AND ADOPTING BYLAWS FOR
ITS GOVERNANCE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The McDowell Mountain Preserve Commission (the “MMPC”) is hereby
continued to advise the Town Council and the Town Manager regarding matters pertaining to the
McDowell Mountain Preserve. The MMPC shall be a regularly scheduled commission and shall
consist of seven members who shall be appointed and hold their seats in accordance with Section
9 of the Town Council Rules of Procedure, as amended; provided, however, that the currently-
seated members shall continue in their positions until such time as the Town Council determines,
in its sole discretion.
SECTION 2. The Bylaws for the MMPC are hereby approved in the form attached
hereto as Exhibit A and incorporated herein by reference.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 3, 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
612543.1
EXHIBIT A
[McDowell Mountain Preservation Commission Bylaws]
See following pages.
612543.1
MCDOWELL MOUNTAIN PRESERVATION COMMISSION BYLAWS
I. Officers
The commission shall elect a chairperson and vice chairperson from among its own members,
who shall serve for one (1) year and until their successors are elected and qualified. The
chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives
of the head of any similar organization. The vice chairperson shall perform the duties of the
chairperson in the latter's absence or disability. The commission may appoint other offices (e.g.,
secretary, etc.) as may be required.
II. Powers and Duties
The commission shall have the powers and duties to:
A. Act in advisory capacity to the Town Council and Town Manager in all
matters pertaining to the McDowell Mountain Preserve.
B. Act as liaison between the Town Council and the McDowell Mountain
Preservation Taskforce.
C. Consider provisions of the Town’s annual budget for commission purposes during
the process of the preparation of the budget and make recommendations with respect thereto to
the Parks and Recreation Director.
D. Assist in the planning of programs for the citizens of the Town; promote and
stimulate public interest in the McDowell Mountain Preserve.
E. Advise the Parks and Recreation Director with respect to the acceptance of
money, personal property or real estate donated or offered to the Town for McDowell Mountain
preservation purposes.
F. Perform such other duties not inconsistent with these bylaws as may be requested
by the Town Council.
III. Membership
All matters concerning membership on the commission including, but limited to, appointments,
terms, vacancies and removal, shall be in accordance with Section 9 of the Town Council Rules
of Procedure, as amended.
IV. Meetings
A. The commission shall meet once monthly unless otherwise designated. Special
meetings may be called by the chairperson or in his or her absence, the vice chairperson. In
612543.1
addition, any three (3) members of the commission may make written request to the chairperson
for a special meeting.
B. All meetings of the commission shall be open to the public and are subject to the
Arizona Open Meeting Law.
V. Conduct of Business
A. Four (4) members shall constitute a quorum. The affirmative vote of four (4)
members shall be required for passage of any matter before the commission. A member may
abstain from voting only upon a declaration that he has a conflict of interest, in which case such
member shall take no part in the deliberations on the matter in question.
B. Robert’s Rules of Order shall serve as a guide for the conduct of business,
however, the chairperson of the commission shall have the authority and discretion to decide all
matters of procedure.
VI. Compensation
The members of the commission shall serve without compensation for their services as such but
may receive reimbursement for necessary travel and other expenses incurred on official duty
with appropriate prior authorization.
VII. Ex-Officio Members
The Mayor, with the consent of the Town Council, may from time to time appoint ex-officio
members to the commission. Such members shall serve at the pleasure of the Mayor and Town
Council. Ex-officio members shall not be entitled to vote on any matter brought before the
commission.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 3, 2005
Submitting Department: Public Works Contact Person: Robert Rodgers
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for
"Mimosa Condominiums", a 2-unit condominium project located at 13037 N. Mimosa Drive, aka Plat 601A,
Block 3, Lot 34, Case #S2005-15.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Basic division of an existing dublex into two condominiums.
List All Attachments as Follows: Staff Report, Plat (3 pgs)
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION
STAFF REPORT
To: Honorable Mayor & Town Council
Date: November 3, 2005
From: Robert Rodgers, Senior Planner
THR: Richard Turner, Planning & Zoning
Administrator
RE: Case # S2005-15; Preliminary & Final
Plat, Mimosa Condominiums”
LOCATION: 13037 N. Mimosa Drive --- Plat 601-A, Block 3, Lot 34
REQUEST: Consider the “Preliminary & Final Plat, Mimosa Condominiums”, a 2-unit
condominium project.
DESCRIPTION:
OWNER: Willow Property Development, Inc.
APPLICANT: Michael Harper, Esq.
EXISTING ZONING: R-3
EXISTING CONDITION: Built
LOT SIZE: 0.287 Acres (12,500 sf)
SURROUNDING LAND USES AND ZONING:
NORTH: Casa El Lago Condominiums; Zoned “R-3”
SOUTH: Vacant; Zoned “R-3”
EAST: Vacant; Zoned “R-3”
WEST: Single Family house; Zoned “R1-10”
SUMMARY:
This request is for approval of the “Preliminary & Final Plat, Mimosa Condominiums”, Declaration
of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic
division of an existing building and this project does not involve any off-site public improvements.
The owner has applied to convert a two-unit residential complex and record a Declaration of
Condominium in order to sell the units individually. Each unit contains approximately 2,400 sf of
livable are. Each unit also has a garage, covered entry, and a patio. The property meets all underlying
requirements of the zoning district.
RECOMMENDATION:
The Planning & Zoning Commission unanimously voted at their regular meeting of October 13, 2005
to recommend approval of #S2005-15; Preliminary & Final Plat
Labeled “Final Plat, Mimosa Condominiums”
Staff recommends approval of #S2005-15; Preliminary & Final Plat
Labeled “Final Plat, Mimosa Condominiums”
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 3, 2005
Submitting Department: Parks and Recreation Department Contact Person: Mark Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of approving the FIRST AMENDMENT to the Hiking License
Agreement with MCO Properties, L.P.
Staff Recommendation: Approve Fiscal Impact: No $0
Purpose of Item and Background Information: On November 19, 2004, the Town of Fountain Hills entered
into a Hiking License Agreement with MCO Properties, which grants the Town of Fountain Hills permission to
conduct organized hikes on MCO property for specific dates during the term of the agreement. This amendment
extends the term of the existing agreement until October 31, 2008.
List All Attachments as Follows: Copy of the signed Agreement
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 3, 2005
Submitting Department: Parks and Recreation Department Contact Person: Mark Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of approving a PROFESSIONAL SERVICES AGREEMENT with
Olsson Associates in the amount of $162,302.58 for a new master plan, design, and construction documents for
Desert Vista Neighborhood Park.
Staff Recommendation: Approve Fiscal Impact: Yes $162,302.58
Purpose of Item and Background Information: Staff interviewed three potential consulting firms to create a
new Desert Vista Neighborhood Park master plan and design construction documents for park development.
Olsson Associates was chosen based on the quality of their work on similar projects in the Phoenix area. The
revised master plan will incorporate the existing park elements while also looking at future needs at the facility.
Construction documents will be created for the entire park but development will be phased as funding becomes
available. The initial phase to be completed this fiscal year will consist of improvements to the Off-Leash
Recreation Facility (OLRF), which includes lights.
The fees of $162,302.58 represent a 20% savings in projected design fees for the overall park development.
Funds for this project have been budgeted under Parks and Recreation Development Fees, as well as in the Desert
Vista Neigborhood Park Capital Outlay in this year's budget. Additionally, ADOG is donating $20,000 towards
improvements to the OLRF. Staff is recommending approval of the Agreement.
List All Attachments as Follows: Copy of the signed Agreement
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 11-3-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 11/3/05
Submitting Department: Public Works Contact Person: Tom Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of RESOLUTION 2005-51 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the southerly
property line of Plat 107, Block 3, Lot 17 (14443 N. San Carlos Drive) as recorded in Book 141 of
Maps, Page 18 Records of Maricopa County, Arizona. EA05-21 (Lusardi)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment.
List All Attachments as Follows: Staff memo, resolution and abandonment exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 11-3-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: October 5, 2005
FR: Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-21
14443 N. San Carlos Drive
Plat 107, Block 3, Lot 17
This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and
drainage easements located at the southerly property line of Plat 107, Block 3, Lot 17, (14443 N. San Carlos Drive)
as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot
will not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved the
proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the
Town's general interest in the easement. It is the professional opinion of the Engineering Department that
there is no need for the Town to retain the drainage easement proposed to be abandoned, with the
understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The
property owners of Lot 17 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2005-51.
Enc: Resolution
Exhibit
c: Stan Lusardi
Adjacent Property Owners
Document in 11-3-05.obd
RESOLUTION 2005-51
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF PLAT 107,
BLOCK 3, LOT 17, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141
OF MAPS, PAGE 18 RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any
proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement,
located at the southerly property line of Plat 107, Block 3, Lot 17, Fountain Hills, as recorded in Book 141
of Maps, Page 18 records of Maricopa County, and as more particularly described in Exhibit A, attached
hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain
lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass
the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Document in 11-3-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 3, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
Document in 11-3-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 3, 2005
Submitting Department: Public Works Contact Person: Robert Rodgers
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: PUBLIC HEARING to receive comment on ORDINANCE 05-13, a TEXT
AMENDMENT to The Zoning Ordinance of the Town of
Fountain Hills "Chapter 7 – Parking and Loading Requirements",
to create new sight distance and traffic safety requirements within
commercial, industrial, and multi-family parking lots.
CONSIDERATION of ORDINANCE 05-13, a TEXT AMENDMENT to The Zoning
Ordinance of the Town of Fountain Hills "Chapter 7 – Parking and Loading Requirements",
to create new sight distance and traffic safety requirementswithin commercial, industrial,
and multi-family parking lots.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Public safety within parking lots
List All Attachments as Follows: Staff Report, Piublic Hearing notice, Draft Ordinance
Type(s) of Presentation: PowerPoint
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION
STAFF REPORT
TO: Honorable Mayor & Town Council
DATE: November 3, 2005
From: Robert Rodgers, Senior Planner
THR: Richard Turner, Planning & Zoning
Administrator
RE: Zoning Amendment
Chapter 7 - Parking
SUMMARY:
In a memo to the Planning & Zoning Commission dated March 7, 2005, Chairman Downes
noted a number of concerns with provisions of the Zoning Ordinance. The Commission
discussed the listed items and requested that staff prepare a report regarding item #2 which
related to internal traffic safety within parking lots. At the meeting of September 8, 2005 the
Planning & Zoning Commission voted to initiate the proposed zoning text amendment.
The Planning & Zoning Commission held a public hearing on October 13, 2005 and voted
unanimously to forward a recommendation of approval to the Town Council.
BACKGROUND:
Prompted by concerns with the safety of internal traffic flow and visibility within many
commercial and multi-family parking lots, the Planning & Zoning Commission directed staff to
create guidelines to be used during parking lot design that will provide the necessary safeguards
to significantly decrease the likelihood of accident or injury.
Staff began by reviewing the existing ordinance. The Fountain Hills’ Zoning Ordinance, Chapter
7, outlines the basic requirements for parking lot design and function but is relatively silent in
regard to sight distances and/or sight obstructions.
Section 7.02.F requires that the parking lot design promote safety and convenience, and that
visibility not be obstructed. However, no guidelines are provided to help designers meet these
requirements.
Section 7.04.L.2 requires that landscaping not interfere with parking lot traffic visibility. But this
section also fails to provide any design guidelines to help designers meet these requirements.
It was noted that traffic flow and sight distance requirements could be treated in a similar manner
as traffic in roadways. While speeds are slower within parking lots than they are on roadways,
the basic principles of sight distance and vehicular safety still apply. Using this theory as the
basis for our approach to revising the zoning ordinance to include provisions for internal parking
lot safety, staff has drafted the following proposed amendments:
Revise:
F. Ingress, Egress, Internal Traffic Circulation.
Off-street parking and loading facilities, and pedestrian ways shall be designed so as to
promote safety and convenience and so that traffic visibility is not obstructed.
So as to read…
F. Ingress, Egress, Internal Traffic Circulation.
Off-street parking and loading facilities, and pedestrian ways shall be designed so as to
promote safety and convenience and so that traffic visibility is not obstructed.
1. No building wall, except garage doors, may be closer than ten (10’) feet to
any internal drive aisle of any parking lot.
2. No garage doors may be closer than six (6’) feet to any internal drive aisle of
any parking lot.
Figure 1 Internal Parking Lot Setback Requirements
Figure 1
Internal
Parking Lot
Setback
Requirements
Revise:
7.04 Schedule of Required Off-Street Spaces.
L. Parking Lot Landscaping.
2. Location. The landscaping should be located in protected areas, such as along
walkways, in center islands, at the ends of bays, or between parking stalls. All
landscaping in parking areas and on the street frontage shall be placed so that it will
not obstruct sight distance.
So as to read…
7.04 Schedule of Required Off-Street Spaces.
L. Parking Lot Landscaping.
2. Location. The landscaping should be located in protected areas, such as along
walkways, in center islands, at the ends of bays, or between parking stalls. All
landscaping in parking areas and on the street frontage shall be placed so that it will
not obstruct sight distance.
a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than
two (2’) feet above the top of the paved parking lot surface.
b. Landscaping materials such as trees shall be trimmed so that no part of their
canopies are less than seven (7’) feet above the top of the paved parking lot
surface.
c. Any parking lot signage shall meet the requirements of this section.
d. A five (5’) foot tall CLEAR VISIBILITY ZONE must be maintained between
2’ and 7’ above the top of the paved parking lot surface at all times as shown
in Figure 2 below.
Figure 2 Required Clear Visibility Zones
Figure 2
Required Clear Visibility Zones
ANALYSIS:
The assumed speed within parking lots is assumed to be less than 20 MPH. This speed is the
basis for the required 10’ building setbacks so as to provide safe horizontal sight distances. The
required 6’ setback for garage doors assumes that the vehicle exiting the garage will be traveling
at a speed of 5 MPH.
The Clear Visibility Zone assumes that the seated driver of an average vehicle requires an un-
impeded vertical line of sight as well. The standards shown in Figure 2 are the recommended
standards listed in the Maricopa County Department of Transportation Design Manual.
RECOMMENDATION:
The Planning & Zoning Commission voted unanimously to forward their recommendation to
approve this zoning amendment at their October 13, 2005 meeting.
Staff recommends that the Town Council approve the proposed amendments in order to revise
Sections 7.02.F and 7.04.L.2 of the Zoning Ordinance as presented in this report.
NOTICE IS HEREBY GIVEN that on Thursday, November 3, 2005, at 6:30 P.M. in the Town Council Chambers
located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a
public hearing to receive comments on a proposed text amendment to The Zoning Ordinance of the Town of Fountain
Hills. If adopted, the amendments to Chapter 7 – Parking and Loading Requirements will create new sight distance
and traffic safety requirements within commercial, industrial, and multi-family parking lots.
A complete copy of the proposed text amendments are available for viewing in the Fountain Hills Planning & Zoning
Office, 8:00 AM – 5:00 PM Monday through Friday.
For more information, contact Robert Rodgers; Planning and Zoning, Town of Fountain Hills, 16705 E. Avenue of the
Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5138. All interested citizens are encouraged to attend.
Case Number Z2005-05
TOWN OF FOUNTAIN HILLS
PUBLIC NOTICE
ORDINANCE NO. 05-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 7, PARKING AND LOADING
REQUIREMENTS, SUBSECTION 7.02, GENERAL REGULATIONS, AND
SECTION 7.04, SCHEDULE OF REQUIRED OFF-STREET SPACES,
RELATING TO PARKING LOT VISIBILITY AND LANDSCAPING.
WHEREAS, the Town of Fountain Hills (the “Town”) adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
“Zoning Ordinance”); and
WHEREAS, the Town desires to amend the Zoning Ordinance to revise Chapter 7,
Parking and Loading Requirements; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the September 7, 2005
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on September 22, 2005, and by the Mayor and Council of the Town of Fountain
Hills on November 3, 2005.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Zoning Ordinance, Chapter 7, Parking and
Loading Requirements, Section 7.02, General Regulations, Subsection 7.02.F, Ingress, Egress,
Internal Traffic Circulation, is hereby deleted in its entirety and replaced with the following:
F. Ingress, Egress, Internal Traffic Circulation.
Off-street parking and loading facilities, and pedestrian ways shall be designed so as to
promote safety and convenience and so that traffic visibility is not obstructed.
1. No building wall, except garage doors, may be closer than ten (10’) feet to
any internal drive aisle of any parking lot.
2. No garage doors may be closer than six (6’) feet to any internal drive aisle of
any parking lot.
612584.1
SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 7, Parking and
Loading Requirements, Section 7.04, Schedule of Required Off-Street Spaces, Subsection 7.04.L,
Parking Lot Landscaping, Paragraph 7.04.L.2, Location, is hereby deleted in its entirety and
replaced with the following:
2. Location. The landscaping should be located in protected areas, such as
along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in
parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
a. Landscaping materials such as walls, shrubs, and rocks shall not be
taller than two (2’) feet above the top of the paved parking lot surface.
b. Landscaping materials such as trees shall be trimmed so that no
part of their canopies are less than seven (7’) feet above the top of the paved parking lot
surface.
c. Any parking lot signage shall meet the requirements of this
section.
d. A five (5’) foot tall clear visibility zone must be maintained
between 2’ and 7’ above the top of the paved parking lot surface at all times as shown in
Figure 2 below.
612584.1
2
Figure 2
Required Clear Visibility Zones
SECTION 3. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, November 3, 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
612584.1
3
Z:\Council Packets\2005\R11-3-05\Agenda 11-3-05.doc Page 2 of 4 Last printed 10/29/2005 10:23 AM
7.02, General Regulations, and Section 7.04, Schedule Of Required Off-Street Spaces, relating to parking
lot visibility and landscaping. Case #Z2005-05.
25.) CONSIDERATION of ORDINANCE 05-13, a text amendment to the Zoning Ordinance of the Town
of Fountain Hills “Chapter 7 – Parking And Loading Requirements, Subsection 7.02, General
Regulations, and Section 7.04, Schedule Of Required Off-Street Spaces, relating to parking lot visibility
and landscaping. Case #Z2005-05.
26.) PUBLIC HEARING to receive comment on ORDINANCE 05-12, amending the Fountain Hills
Town Code, Chapter 12, Traffic, Article 12-3, Parking, by adding a new section 12-3-13, relating to
motor vehicle owner’s liability for parking offenses.
27.) CONSIDERATION of ORDINANCE 05-12, amending the Fountain Hills Town Code, Chapter 12,
Traffic, Article 12-3, Parking, by adding a new section 12-3-13, relating to motor vehicle owner’s
liability for parking offenses.
28.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
29.) 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. NONE.
30.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
31.) ADJOURNMENT.
DATED this 28th day of October, 2005.
By:
S/ 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.