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HomeMy WebLinkAbout5-18-06 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT WHEN: THURSDAY, MAY 18, 2006 TIME: 6:00 – 6:15 P.M. WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a special session open to the public beginning at 6:00 p.m. and immediately prior to the Council meeting that begins at 6:30 p.m. The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER and ROLL CALL. 2.) 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3.) CONSIDERATION of approving the meeting MINUTES of July 7, 2005. 4.) CONSIDERATION of RESOLUTION EMCFD 2006-01, approving the TENTATIVE BUDGET of the District for the Fiscal Year Beginning July 1, 2006, and ending June 30, 2007, and setting a hearing date for the budget. 5.) ADJOURNMENT. DATED this 12th day of May 2006. By:______________________________________ Bevelyn J. Bender, District Clerk The Eagle Mountain Community Facilities District in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. Z:\Council Packets\2006\R5-18-06\Agenda Special Session 5-18-06 Eagle Mt.doc 5/12/2006 For the Year Ended Revenues 30-Jun-07 Tax Levy at $0.7730 per $100 Secondary $195,250 Assessed Valuation Interest earnings $2,000 Carryover from prior years $150,000 TOTAL $347,250 Expenses Annual Debt Service Payment on Refunded Bonds $330,500 Administrative Costs $6,600 Trustee Fees $5,000 TOTAL $342,100 PROPOSED BUDGET OF EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT FISCAL YEAR 2006-2007 RESOLUTION EMCFD NO. 2006-01 RESOLUTION OF THE CHAIRMAN AND BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, APPROVING THE TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007, AND SETTING A HEARING DATE FOR THE BUDGET. BE IT RESOLVED by the Chairman and Board of the Eagle Mountain Community Facilities District, (Town of Fountain Hills), Arizona, as follows: SECTION 1. That the statements and schedules contained herein are hereby approved for the purpose as hereinafter set forth as the tentative budget for the Eagle Mountain Community Facilities District (the “District”) for the fiscal year 2006-07. The statements and estimates of the operation and maintenance expenses of the District (collectively, the “District Expenditures”) which are to be paid from ad valorem taxes collected in the District, are hereby filed with the District Clerk. SECTION 2. That the District Clerk be authorized and directed to cause to be mailed to the governing body of the Town of Fountain Hills and published in the manner prescribed by law, a notice that the District Board will meet for the purpose of conducting a final hearing for District taxpayers on the statements and estimates of District Expenditures filed with the District Clerk and on the adoption of the 2006-07 Annual Budget for the District; said hearing to be conducted on June 1, 2006, at the hour of 6:15 p.m. in the Council Chambers at Fountain Hills Town Hall, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, with final approval of the Tax Levy on June 15, 2006, at the same time and place. PASSED AND ADOPTED by the Chairman and Board of the Eagle Mountain Community Facilities District, Maricopa County, Arizona, on May 18, 2006. W. J. Nichols, District Chairman ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 649047.1 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT WHEN: THURSDAY, MAY 18, 2006 TIME: IMMEDIATELY FOLLOWING THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD MEETING AND PRIOR TO THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the Cottonwood Maintenance District and to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public beginning immediately after the Eagle Mountain Facilities District and prior to the Council meeting that begins at 6:30 p.m. The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER and ROLL CALL. 2.) 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3.) CONSIDERATION of approving the meeting MINUTES of June 2, 2005. 4.) CONSIDERATION of RESOLUTION CMD2006-01, approving the TENTATIVE BUDGET of the District for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007, and setting a hearing date for the budget. 5.) ADJOURNMENT. DATED this 12th day of May 2006. By: Bevelyn J. Bender, District Clerk The Cottonwood Maintenance District in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. Z:\Council Packets\2006\R5-18-06\Agenda Special Session 5-18-06 Cottownwoods.doc 5/12/2006 RESOLUTION CMD NO. 2006-01 RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD, MARICOPA COUNTY, ARIZONA, APPROVING THE TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007, AND SETTING A HEARING DATE FOR THE BUDGET. BE IT RESOLVED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, as follows: SECTION 1. That the statements and schedules attached as Exhibit A, incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the “District”) for the fiscal year 2006-07. The statements and estimates of the operation and maintenance expenses of the District, the costs of capital improvements and other expenditures for public infrastructure of the District (collectively, the “District Expenditures”) are hereby filed with the District Clerk. SECTION 2. That the District Clerk is hereby authorized and directed to cause to be mailed to the governing body of the Town of Fountain Hills and published in the manner prescribed by law, a notice that the District Board will meet for the purpose of conducting a final hearing for District taxpayers on the statements and estimates of District Expenditures filed with the District Clerk and on the adoption of the 2006-07 Annual Budget for the District; said hearing to be conducted on June 1, 2006, at the hour of 6:00 p.m. in the Council Chambers at Fountain Hills Town Hall, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, with final approval of the Tax Levy on June 15, 2006, at the same time and place. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, on May 18, 2006. W. J. Nichols, District Chairman ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 649036.1 NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Keith McMahan Councilmember Ginny Dickey Councilmember John Kavanagh Councilmember Ed Kehe Vice Mayor Jay Schlum TIME: 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MAY 18, 2006 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 Councilmembers. 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. Z:\Council Packets\2006\R5-18-06\Agenda 5-18-06 rev A.doc Last printed 5/17/2006 5:11 PM Z:\Council Packets\2006\R5-18-06\Agenda 5-18-06 rev A.doc Last printed 5/17/2006 5:11 PM Page 2 of 3 • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church • ROLL CALL – Mayor Nichols • MAYOR’S REPORT – (i) Recognition of community service by Councilmember John Kavanagh. (ii) Presentation on the Lori Piestewa National Native American Games. (iii) Recognition of outgoing Board of Adjustment member Ross Bryant. (iv) Proclaiming Friday, May 26, 2006 and Saturday, May 27th, 2006 “Poppy Days”. 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 properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers 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 April 28 and May 4, 2006. *2.) CONSIDERATION of approving the PERMANENT EXTENSION OF PREMISE liquor license for Terra Nostra Italian Café (Matilde Salazar) located at 17210 E. Palisades Boulevard, Fountain Hills, AZ. *3.) CONSIDERATION of approving the TEMPORARY EXTENSION OF PREMISE liquor license for Grapeables Fine Wine (James Myczek) located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ, scheduled for Saturday, May 20, 2006 from 7 p.m. to 11 p.m. *4.) CONSIDERATION of approving the FINAL PLAT for a two-unit condominium plat entitled “Final Plat, Lamont Twin Homes, located at 12013 Lamont Drive aka Plat 201, Block 1, Lot 7. Case #S2006-08. *5.) CONSIDERATION of approving the FINAL PLAT for a three-unit commercial condominium plat entitled “Final Plat, East Lake Condominiums” and located at 16842 Parkview Avenue aka Plat 208, Block 5, Lot 4. Case #S2006-10. *6.) CONSIDERATION of approving the PURCHASE AGREEMENT with Five Star Ford for a Ford Escape hybrid 4x4 vehicle in the amount of $29,275.38. *7.) CONSIDERATION of RESOLUTION 2006-28, revising the Council Rules of Procedure regarding the required number of meetings held each month. *8.) CONSIDERATION of ALLOWING THE WITHDRAWAL OF A TEMPORARY USE PERMIT application to operate the Red Rock Bed and Breakfast, at 15719 E. Sycamore Drive aka Plat 603C, Block 4, Lot 1. Case# TU2005-07. The applicant has requested their application be permitted to be withdrawn. *9.) CONSIDERATION of approving a sub consulting construction-services CONTRACT with the WLB Group, Inc., for field surveillance, electrical engineering services, structural engineering services, drafting services, and structural inspection in the amount of $45,000. REGULAR AGENDA *10.) CONSIDERATION of Resolution 2006-31 declaring as public record that certain document filed with the Town Clerk and entitled the “2006 Amendments to the Tax Code of the Town of Fountain Hills.” *11.) CONSIDERATION of Ordinance 06-17 relating to the privilege license tax; adopting the “2006 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. 12.) CONSIDERATION of a TRAFFIC CONTROL CHANGE for the gated rear entrance to Kern Plaza. 13.) PUBLIC HEARING regarding a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 AM for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106, aka Four Peaks Plaza. Case #SU2006-04. 14.) CONSIDERATION of a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 AM for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106, aka Four Peaks Plaza. Case #SU2006-04. 15.) CONSIDERATION of ORDINANCE 06-14, a Town Code text amendment to remove all references to the Marshals Department. 16.) CONSIDERATION of RESOLUTION 2006-18, ADOPTING THE maximum amount for the Town of Fountain Hills Fiscal Year 2006-07 TENTATIVE BUDGET with appropriate direction to publish said document in accordance with state law. The Council may address any or all items contained in the budget document and initiate any suggested changes prior to adoption. 17.) CONSIDERATION of renewing the LICENSE AGREEMENT between the Town of Fountain Hills and Cox Communications. 18.) 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 19.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 20.) ADJOURNMENT. DATED this 17th day of May 2006: Jane E. Robinson, Acting 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. Z:\Council Packets\2006\R5-18-06\Agenda 5-18-06 rev A.doc Last printed 5/17/2006 5:11 PM Page 2 of 3 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: May 18, 2006 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 April 28 and May 4, 2006. 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: 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: May 18, 2006 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: 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 PERMANENT EXTENSION OF PREMISE liquor license application for the Terra Nostra Italian Café (Matilde Salazar), located at 16740 E. Palisades Blvd., Fountain Hills, AZ. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for the extension of premise submitted by Terra Nostra Intalian Cafe. The application was reviewed by Law Enforcement, Planning and Zoning, the Fire Department and Adminstration for compliance and all recommended approval of this permanent extension as submitted. The applicant will be extending their business to include outdoor seating that is surrounded by a four foot fence as shown by the attached diagram to prevent alcohol leaving the permit area. The Fountain Hills Business License is current and there are no known alcohol violations to date that would prohibit granting this applicaton. List All Attachments as Follows: Application, area diagram, departmental approvals, and Law Enforcement's memo 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: May 18, 2006 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: 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 TEMPORARY EXTENSION OF PREMISE liquor license application for Grapeables Fine Wines (James Myczek), located at 12645 N. Saguaro Blvd. #9, Fountain Hills, AZ, scheduled for Saturday, May 20, 2006, from 7:00 p.m. to 11 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for a temporary extension of premise submitted by Grapeables Fine Wines in conjuction with one of the events permitted under the Plaza Fountainside Merchants Association temporary use permit approved by the Council in February 2006. The applicant proposes to fence the outdoor seating area as indicated on the attached diagram and have security and/or Deputies posted at the entrances/exits to prevent alcohol leaving the permit area. The application was reveiwed by Parks & Recreation, Law Enforcement, Planning and Zoning, the Fire Department and Adminstration for compliance and all recommend approval of this temporary extension of premise as submitted. List All Attachments as Follows: Application, area diagram, departmental approvals, park rental contract, and Law Enforcement's memo Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee April 22 & 4/23 event not held and 50’s 60s Dance moved to May 20. May 20 event now the 50’s – 60’s Dance (7 p.m – 11 p.m.) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: May 18, 2006 Submitting Department: Public Works Contact Person: Bob 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 the FINAL PLAT for a 2-unit condominium plat entitled "Final Plat, Lamont Twin Homes, A Condominium" and located at 12013 Lamont Drive. AKA (Plat 201, Block 1, Lot 7) Case #S2006-08 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Two-Unit condominium plat. List All Attachments as Follows: Staff Report 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 STAFF REPORT TO: Honorable Mayor & Town Council DT: May 18, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Final Plat Lamont Twin Homes CASE #S2006-08 LOCATION: 12013 Lamont Drive --- Plat 201, Block 1, Lot 7 REQUEST: Consider the Final Plat, Labeled “Final Plat, Lamont Twin Homes, A Condominium”, a 2-unit condominium project. DESCRIPTION: OWNER: Gina & Bruce Boer APPLICANT: HTPO, Inc. EXISTING ZONING: R-2 EXISTING CONDITION: Built LOT SIZE: 0.29 acres (12,600 + sf) SURROUNDING LAND USES AND ZONING: NORTH: 2-unit Condominiums; Zoned “R-2” SOUTH: 2-unit Condominiums; Zoned “R-2” EAST: 12-unit Condominiums Under Construction; Zoned “R-3” WEST: Single Family houses; Zoned “R1-8” SUMMARY: This request is for approval of the Final Plat for “Final Plat, Lamont Twin Homes, A Condominium”, Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic division of an existing 2-unit building and this project does not involve any off-site public improvements. The owners, Gina & Bruce Boer, have applied to convert a two-unit residential complex and record a Declaration of Condominium in order to sell the units individually. Unit A has a maximum livable area of 1,347 square feet. Unit B also has a maximum livable area of 1,347 square feet. Each unit has a covered carport, covered entry, and patio. FINDINGS: The property meets all underlying requirements of the zoning and subdivision ordinances. RECOMMENDATION: The Planning & Zoning Commission voted to approve the Preliminary Plat at their regular meeting of April 27, 2006. Staff recommends approval of Case #S2006-08; Final Plat Labeled “Final Plat, Lamont Twin Homes, A Condominium” H A W KLAMONT DRI VEACCESSD R IVESAGUARO Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: May 18, 2006 Submitting Department: Public Works Contact Person: Bob 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 the FINAL PLAT for a 3-unit commercial condominium plat entitled "Final Plat, East Lake Condominiums" and located at 16842 Parkview Ave. AKA (Plat 208, Block 5, Lot 4) Case #S2006-10 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Three-Unit condominium plat. List All Attachments as Follows: Staff Report 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 STAFF REPORT TO: Honorable Mayor & Town Council DT: May 18, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Final Plat East Lake Condominiums CASE #S2006-10 LOCATION: 16842 Parkview Avenue --- Plat 208, Block 5, Lot 4 REQUEST: Consider the Final Plat, Labeled “Final Plat, East Lake Condominiums”, a 3-unit commercial condominium project. DESCRIPTION: OWNER: Marco A. Sotelo - Regil APPLICANT: Raul A. Quiros EXISTING ZONING: C-2 EXISTING CONDITION: Built LOT SIZE: 0.1377 acres (6,000 + sf) SURROUNDING LAND USES AND ZONING: NORTH: Plat 208 Commercial Plaza; Zoned “C-2” SOUTH: Plat 208 Commercial Plaza; Zoned “C-2” EAST: Plat 208 Commercial Plaza; Zoned “C-2” WEST: Plat 208 Commercial Plaza; Zoned “C-2” SUMMARY: This request is for approval of the Final Plat for “Final Plat, East Lake Condominiums”, Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic division of an existing 3-unit commercial building and this project does not involve any off-site public improvements. The owner, Marco A. Sotelo - Regil, has applied to convert a three-unit commercial complex and record a Declaration of Condominium in order to sell the units individually. Units range in size from 1,287 square feet to 1,344 square feet. Each unit is permitted to use the community parking. FINDINGS: The property meets all underlying requirements of the zoning and subdivision ordinances. RECOMMENDATION: The Planning & Zoning Commission voted to approve the Preliminary Plat at their regular meeting of April 27, 2006. Staff recommends approval of Case #S2006-10; Preliminary Plat Labeled “Final Plat, East Lake Condominiums” VERDE RIVER DRIVEPARKVIEW PALISADES BOULEVARD AVENUE BOULEVARD Document in 5-18-06.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 5/18/06 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: 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 a purchase agreement with Five Star Ford for a hybrid Ford Escape vehicle for the amount of $29,275.38. Staff Recommendation: Approve Fiscal Impact: Yes $29,275.38 Purpose of Item and Background Information: A new engineering inspection vehicle is budgeted for in the public works budget. Staff has researched gas/electric hybrid vehicles and has received positive feedback from several municipalities currently utilizing the hybrid Escape in inspection capacities. The Town purchased an Escape hybrid earlier in the year and staff is please with its performance. The engineering inspectors will utilize the new vehicle in their daily inspection duties. The use of the hybrid vehicle will save gas, because of increased fuel efficiency and will reduce emissions because at idle, the gas engine can turn off and the vehicle will run solely on its battery. Funding for the purchase of a hybrid inspection vehicle is contained in the FY 2005/2006 budget in the amount of $30,000. List All Attachments as Follows: Staff memo, State Procurement Office contract with Five Star Ford, Arizona Department of Administration offer of contract extension through October 31, 2006, Five Star Ford acceptance of contract extension with vehicle pricing, Five Star Ford 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 5-18-06.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: April 28, 2006 FR: John W. Morast, Asst. Public Works Director TH: Thomas L. Ward, Director of Public Works RE: Purchasing Agreement with Five Star Ford After completing a competitive bidding process, the Arizona Department of Procurement entered into a contract with Five Star Ford for Vehicles – Alternate Fuel & Hybrid. The Town is permitted to purchase a vehicle under the Arizona Department of Procurement contract without additional public bidding. By utilizing the Arizona Department of Procurement contract, the Town receives cost savings based retail value of the vehicle and on an economy of scale based on the number of vehicles the dealer is able to sell using the contract. The Town budgeted for an alternate fuel vehicle. The budget amount for the public works vehicle is $30,000. The Town will realize a direct savings in the amount of gas used by the vehicle, due to increase fuel efficiency. The Town will also realize a reduction of vehicle emissions from the nature of operation by the electric hybrid motor itself. The new vehicle will replace a 10-year old inspection vehicle in need of significant repairs. Five Star Ford is anticipating a June 22, 2006 delivery date. If the vehicle is not delivered prior to the end of the current fiscal year, June 30, 2006, the purchase agreement will expire and the vehicle will not be purchased. Staff recommends approval of the purchase agreement in the amount of $29,275.38. Document in 5-18-06.obd Document in 5-18-06.obd 648306.1 RESOLUTION NO. 2006-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS COUNCIL RULES AND PROCEDURES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The Town of Fountain Hills Council Rules of Procedure, Section 3, Meetings, subsection 3.1, Order of Business, is hereby amended as follows: . . . 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the first and third Thursday of each month at six thirty p.m. When deemed appropriate, any regular Meeting date of the Council may be changed OR CANCELLED by a majority of the Council, except that at least one regular Meeting a month must be held and that such. Notice of the rescheduled OR CANCELLED Meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular Meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a “Call to the Public” at such regular Meetings. . . . SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 18, 2006. 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 5-18-06.obd Page 1 of 2 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: May 18, 2006 Submitting Department: Administration Contact Person: Megan Griego, ED Specialist 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: Contract 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 sub consulting construction-services CONTRACT with the WLB Group, Inc., for field surveillance, electrical engineering services, structural engineering services, drafting services, and structural inspection in the amount of $45,000. Staff Recommendation: Approve Fiscal Impact: Yes $45,000 Purpose of Item and Background Information: With Town Council’s approval of the construction contract with Ardavin Builders, Inc., on April 6, 2006, for the Avenue of the Fountains Enhancement Project, staff has identified a need for additional expertise. Since April 6, staff has negotiated the following services with WLB Group, Darcor Electrical Engineers, CST, Consulting Structural Engineers: field surveillance, electrical engineering services, structural engineering services, drafting services and specialty inspections. With Town Council’s approval of the construction contract with Ardavin Builders, Inc., on April 6, 2006, for the Avenue of the Fountains Enhancement Project, staff has identified a need for additional expertise. Since April 6, staff has negotiated the following services with WLB Group, Darcor Electrical Engineers, CST, Consulting Structural Engineers who provided similar services during he drafting of the construction drawings: field surveillance, electrical engineering services, structural engineering services, drafting services and specialty inspections. Town Hall staff will take the majority of the responsibility for managing the project and performing any inspections within our realm. However, in order to achieve this redevelopment goal, a professional firm must be hired to assist the Town with field surveillance, electrical engineering services, structural engineering services, drafting services and specialty inspections, as the Town does not have structural or electrical engineers on staff. These requested services are similar to those that have been used to help construct Parks and Recreation infrastructure projects, the Community center and the new Town Hall. Staff is not asking for additional funding for these services, but is simply asking Council to approve the contract. Staff has negotiated a time and materials contract with WLB Group, Inc. and therefore controlling the amount of on-site time required. The contact for $45,000 is a not-to-exceed contract. Document in 5-18-06.obd Page 2 of 2 List All Attachments as Follows: Contract Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee 648823.1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE WLB GROUP, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made as of May 18, 2006, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and The WLB Group, Inc., an Arizona corporation (the “Consultant”). RECITALS A. The Town issued a Request for Qualifications (the “RFQ”) seeking statements of qualifications from consultants for professional design and consulting services (the “Services”). B. The Consultant responded to the RFQ and the City desires to enter into an Agreement with the Consultant for Construction Phase Services – Avenue of the Fountains Phases 1A and 1B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the following mutual covenants and conditions, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 30, 2006. 2. Scope of Work. Consultant shall provide the Services as set forth in the Consultant Proposal, attached hereto as Exhibit A and incorporated herein by reference. 3. Inspection; Acceptance. All work shall be subject to inspection, surveillance, testing and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 4. Payments. The Town shall pay the Consultant upon completion of the Services to be performed hereunder. Consultant shall submit invoices to the Town that shall document and itemize all work completed. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. The Town shall review and approve all invoice statements. Once approved, invoices shall be paid within 30 days of said approval. The total compensation to be paid the Consultant for the services provided to be performed hereunder shall not exceed the bid amount of $45,000.00 as set forth in the attached Exhibit A. 5. Licenses. Consultant shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Consultant. 648823.1 2 6. Indemnification. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys’ fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Consultant’s duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement of any employee of the Consultant or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 7. Insurance. 7.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. b. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. c. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms 648823.1 3 of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. e. Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. f. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. g. Waiver. All policies, including Workers’ Compensation insurance, waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. h. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. The Town, at its option, may require Consultant to secure payment of such deductible or self-insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute a written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Consultant’s insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage’s, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. Such certificates shall identify the contract work number and be sent to the Director of Public Works or his designee. If any of the above-cited 648823.1 4 policies expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance. (2) Consultant’s insurance shall be primary insurance as respects performance of the Agreement. (3) All policies, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 7.2 Required Insurance Coverage. a. Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent Consultants, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with 648823.1 5 respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. b. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. c. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 7.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 8. Termination; Cancellation. 8.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause by the Town 30 days after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 8.2 For Cause. This Agreement may be terminated be either party upon 30 days’ written notice to the other party should the other party fail to substantially perform in accordance with this Agreement’s terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 8.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 648823.1 6 8.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to its subject matter. 8.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Consultant an amount equal to 150% of the gratuity. 9. Miscellaneous. 9.1 Independent Consultant. The Consultant acknowledges that all services provided under this Agreement are being provided as an independent Consultant, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Consultant is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 9.2 Laws and Regulations. The Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration (“OSHA”) standards. 9.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 9.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement will promptly be physically amended to make such insertion or correction. 9.5 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application. 648823.1 7 9.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Consultant should make arrangements to directly pay such expenses, if any. 9.7 Interpretation; Parol Evidence. This Agreement represents the entire Agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral contracts have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contact. 9.8 Assignment. No right or interest in this Agreement shall be assigned by Consultant without prior, written permission of the Town and no delegation of any duty of Consultant shall be made without prior, written permission of the Town. 9.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. 9.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 9.11 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 10. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: 648823.1 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE WLB GROUP, INC. [Consultant Proposal] See following pages. z:\council packets\2006\r5-18-06\aaf res 2006-31.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 5/18/06 Submitting Department: Admin Contact Person: Julie Ghetti 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 2006-31 declaring as a public record that certain document filed with the Town Clerk and entitled “The 2006 Amendments to the Tax Code of the Town of Fountain Hills. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Proposed changes to the Model City Tax Code (MCTC) are recommended by the Municipal Tax Code Commission (MTCC) and forwarded to the Town by the League of Arizona Cities and Towns. The MTCC is composed of nine city/town elected officials appointed by the governor and legislative leadership who meet annually to review any proposed changes to the tax code and approve changes. The 2006 Tax Code Amendments are presented for Town Council approval. List All Attachments as Follows: Resolution 2006-31, Summary of Changes to MCTC and 2006 Amendments to the Tax Code of the Town of Fountain Hills. 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 FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: May 17, 2006 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA,CPA RE: Amendments to the Fountain Hills Tax Code All cities and towns in Arizona that impose a local sales tax have adopted the Arizona model city tax code (MCTC). The MCTC was originally drafted in response to a recommendation adopted by a legislatively created municipal sales tax study commission. The MCTC provides uniformity for businesses, particularly for multi-jurisdictional taxpayers who pay not only to the state but also to two or more cities and towns throughout the state. The Municipal Tax Code Commission was created by the State Legislature to act as a forum for discussion of all changes to the MCTC and is composed of nine city/town elected officials appointed by the governor and legislative leadership. The Unified Audit Committee is composed of city sales tax officials and representatives of the Department of Revenue. All proposed changes to the code are reviewed by the Unified Audit Committee and approved by the Municipal Tax Code Commission. Any changes approved by the Commission must also be adopted by each city/town council. The League of Arizona Cities and Towns maintains a master version of the MCTC and communicates with cities and towns when changes need to be adopted. On Friday, May 12, 2006 the League forwarded the proposed changes to the Fountain Hills tax code requesting that the changes be approved with an effective date of July 1, 2006. The changes become effective no less than 30 days after council approval, thus the May 18th council meeting is the last chance to approve them before the beginning of the next fiscal year. The amendments proposed with Ordinance 2006-17 are a combination of changes to state statute as well as an agreement made with state housing associations concerning federal low-income housing programs. All of the amendments are designed to reflect recent changes to make compliance with the tax code easier for businesses. The changes affect low-income housing rentals and excess tax collection refunds (none in Fountain Hills). Please feel free to see me if you have any questions. Z:\Council Packets\2006\R5-18-06\Memo Tax Code Amendments - Ghetti.doc RESOLUTION NO. 2006-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE “2006 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS.” BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That certain document entitled the “2006 Amendments to the Tax Code of the Town of Fountain Hills” of which three copies each are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 18, 2006. 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 649991.1 z:\council packets\2006\r5-18-06\aaf ord 06-17.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 5/18/06 Submitting Department: Admin Contact Person: Julie Ghetti 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 Ordinance 06-17 adopting the 2006 Amendments to the Tax Code of the Town of Fountain Hills by reference, establishing an effective date providing for severability and providing penalties for violations. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Proposed changes to the Model City Tax Code (MCTC) are approved by the Municipal Tax Code Commission (MTCC) during their annual tax code review meeting. The amendments proposed with Ordinance 06-17 are a combination of changes to state statute as well as an agreement made with state housing associations concerning federal low-income housing programs. All of the amendments are designed to reflect recent changes to make compliance with the tax code easier for businesses. The changes affect low-income housing rentals and excess tax collection refunds (none in Fountain Hills). List All Attachments as Follows: Ordinance 06-17, Summary of Changes to MCTC and 2006 Amendments to the Tax Code of the Town of Fountain Hills. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee ORDINANCE NO. 06-17 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING THE “2006 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS” BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That certain document known as the “2006 Amendments to the Tax Code of the Town of Fountain Hills,” three copies of which are on file in the office of the Town Clerk of the Town of Fountain Hills, Arizona, which document was mad public record by Resolution No. 2006-31 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 2. Any person found guilty of violating any provision of the 2006 Amendments to the Tax Code of the Town of Fountain Hills shall be guilty of a class 1 misdemeanor. Each day that a violation continues shall be a separate offense, punishable by up to six months in jail and a fine not to exceed $2,500. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The provisions of this Ordinance shall be effective retroactively from and after October 1, 2005. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 18, 2006. 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 649986.1 Document in 5-18-06.obd Document in 5-18-06.obd Document in 5-18-06.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 05/18/2006 Submitting Department: Public Works Contact Person: Robert Rodgers, Senior Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 AM for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106 aka Four Peaks Plaza. Case SU2006-04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This Special Use Permit request is for extended hours of operation. The new Starbucks coffee shop to be located in Four Peaks Plaza would like to open at the company standard of 5:00 AM. The rezoning application for Four Peaks Plaza Z1999-24 PUD stipulated a business opening time of no earlier than 6:00 AM without a Special Use Permit. The Planning and Zoning Commission recommended approval of this application at their April 27, 2006 meeting by a 5-2 vote. List All Attachments as Follows: Staff Report Memorandum, Case Map, April 27, 2006 Planning and Zoning Commission Meeting Minutes, Application, Applicant Narrative, Site Map Reduction. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Starbucks at Four Peaks Plaza SU2006-04 Page 2 of 9 TOWN OF FOUNTAIN HILLS MAYOR AND TOWN COUNCIL STAFF REPORT TO: Mayor and Town Council MTG DT: May 18, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: SU 2006-04; “Starbucks” at Four Peaks Plaza LOCATION: 16815 East Shea Boulevard, Suite #106, aka Four Peaks Plaza. REQUEST: For approval to open the business at 5:00 AM. DESCRIPTION: APPLICANT: Steven Morrow OWNER: Karen Gleason EXISTING ZONING: “C-2 PUD” EXISTING CONDITION: Vacant Suite SURROUNDING LAND USES AND ZONING: NORTH: Single-Family Residential; zoned “R1-35” SOUTH: Vacant Industrial; zoned “I-2 IUPD” EAST: Four Peaks Plaza retail shop; zoned “C-2 PUD” WEST: Four Peaks Plaza retail shop; zoned “C-2 PUD” SUMMARY: This request is for extended hours of operation. The new Starbucks coffee shop to be located in Four Peaks Plaza would like to open at the company standard time of 5:00 AM. The rezoning application for Four Peaks Plaza, Z1999-24 PUD, stipulated a business opening time of no earlier than 6:00 AM without a Special Use Permit. The Starbucks will be in Suite 106, which is west of the Target. The Suite is approximately 1,750 square feet. EVALUATION: The PUD for Four Peaks Plaza, Z1999-24 PUD, requires that all businesses that wish to operate between 12:00 AM and 6:00 A.M. Monday to Friday mornings and 1:00 AM to 6:00 AM on Saturday and Sunday mornings shall only be permitted to do so by a Special Use Permit. This request by Starbucks is consistent with the standard hours of operation of many coffee shops in the Phoenix Metropolitan Area and elsewhere in the nation. As well, the Starbucks on the south east corner of Palisades Boulevard and Avenue of the Fountains opens at 5:00 AM. Starbucks at Four Peaks Plaza SU2006-04 Page 3 of 9 Several screening improvements are already present at Four Peaks Plaza in the form of landscaping and fencing. There is a 10-foot landscape buffer along Shea Boulevard, landscape islands in the parking lot area, and landscaping along the front of the buildings. A 3.5-foot screen wall also exists along the north property line along Shea Boulevard to screen the parking lot area from the residential properties across the street. There is also approximately a 200 foot parking lot buffer between Suite 106 and Shea Boulevard. In addition, the majority of the vehicular traffic at Four Peaks Plaza moves in an east-west pattern therefore minimizing any potential headlight activity towards the residential properties to the north. The PUD for Four Peaks Plaza, Z1999-24 PUD, requires that all businesses turn off their wall signs between the hours of 11:00 PM and 6:00 A.M. This regulation does have a provision that if a Special Use Permit is granted to allow extended hours of operation the business lighting regulations can be amended to match the hours of operation for that particular business. Staff is suggesting that a stipulation be added to the permit requiring that all signage shall be illuminated no later than 11:00 PM and no earlier than 5:00 AM. Zoning Ordinance 5.19.A on Noise Performance Standards requires that, at no point on the property line shall the sound pressure level of any individual operation exceed the decibel levels in the designated octave bands. All outdoor activities will need to meet this specified performance standard. While at this time the applicant is not proposing any outdoor activities, staff would like to add this performance standard as a stipulation to the permit to ensure that if any outdoor seating is proposed in the future it is compliant with Town Noise Performance Standards. RECOMMENDATION: The Planning and Zoning Commission recommended approval of SU2006-04 by a 5-2 vote with the stipulations by Staff. Staff recommends approval of Special Use Permit SU2006-04; a “Starbucks” coffee shop located in the Four Peaks Plaza opening at 5:00 AM with the following stipulations: 1. The business shall not open to the public earlier than 5:00 AM 2. All Town Noise Performance Standards and Outdoor Lighting Controls shall be met regardless of any other provision attached to this Special Use Permit. 3. All signage shall be illuminated no later than 11:00 PM and no earlier than 5:00 AM. Attachments: 1. Case Map 2. April 27, 2006 Planning and Zoning Commission meeting minutes 3. Special Use Permit Application 4. Applicant Narrative 5. Site Plan Starbucks at Four Peaks Plaza SU2006-04 Page 4 of 9 CASE MAP Te ch nol og y Dr Laser Dr Shea Blvd Te ch nol og y Dr Shea Blvd Pri vat e Trevino Dr Laser Dr 17609198 16646 E LASER DR 17609195 646 E LASER DR 17609023 16664 E TREVINO DR 17610196 16859 MONTEREY DR 17609197 16646 E LASER DR 17609484 16745 E SHEA BLVD 17610190 16806 TREVINO DR 17610195 16853 E MONTEREY DR 17610197 16907 E MONTERE 17609019 16742 E TREVINO DR 17609485 17609487 17609488 17609489 17609020 16730 E TREVINO DR 17610187 17610189 17609491 17609494 17610194 16845 E MONTEREY DR 17609490 17609492B 17609493 17610188 17609486 17610191 16754 E TREVINO DR Site Starbucks at Four Peaks Plaza SU2006-04 Page 5 of 9 TOWN OF FOUNTAIN HILLS MINUTES OF REGULAR MEETING OF THE PLANNING & ZONING COMMISSION APRIL 27, 2006 Chairman Brown opened the regular meeting of the Planning and Zoning Commission at 6:30 p.m. Present for roll call were the following members of the Fountain Hills Planning and Zoning Commission: Chairman Brown, Vice-Chairman Caldwell, Commissioner Downes, Commissioner Forest, Commissioner Ewald, Commissioner Kasabuski and Commissioner McDonald. Planning and Zoning Administrator, Richard A.G. Turner, A.I.C.P., Senior Planner, Robert Rodgers, Planning Assistant, Planner, Kate Zanon and Recorder of the Minutes, Janice Baxter were also present. REGULAR AGENDA AGENDA ITEM #4 - CONSIDERATION of a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 a.m. for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106, aka Four Peaks Plaza. Case #SU2006-04. Kate Zanon, Planner, gave the presentation and included a PowerPoint Presentation. Staff recommended approval of Special Use Permit SU2006-04, a “Starbucks” coffee shop located in the Four Peaks Plaza opening at 5:00 a.m. with the following stipulations: 1. The business shall not open to the public earlier than 5:00 a.m. 2. All Town “Noise Performance Standards” and “Outdoor Lighting Controls” shall be met regardless of any other provision attached to this Special Use Permit. 3. All signage shall only be illuminated no later than 11:00 p.m. and no earlier than 5:00 a.m. Vice-Chairman Caldwell asked if there were a proposed drive-thru. Ms. Zanon answered that the suite was located on the interior of the building and a drive-thru was not possible. Vice- Chairman Caldwell asked if rear signage had been requested that could be a negative to the residents in the area. Ms. Zanon stated that she had not seen the signage proposal but the applicant indicated that the only sign would be located on the front of their suite. Commissioner Forest asked if there would be additional signage for “Starbucks” on the monument sign located along Shea Boulevard. Ms. Zanon stated the monument sign located in front of the “Target” store was scheduled to be turned off at 11:00 p.m. and turned on no earlier than 6:00 a.m. Ms. Zanon also stated that not all businesses in the center advertise on the monument sign and so far there was no indication “Starbucks” wished to advertise on this sign. Steven Morrow, Looker and Cappello Architects, Inc., the applicant, was present. The Commission had no questions for the applicant. Starbucks at Four Peaks Plaza SU2006-04 Page 6 of 9 Commissioner Downes expressed his concern for a residual affect this Special Use Permit could have if approved. His concern was that other businesses in the complex would request extended hours making the PUD obsolete. Commissioner Forest stated that breakfast businesses should be allowed to open earlier in the morning because of the nature of those businesses. Commissioner Kasabuski agreed with Commissioner Downes and stated that the small home atmosphere could be lost if approvals of this kind were made. Commissioner Downes stated he did not feel that “Starbucks” coffee shop would be affected by adhering to the PUD and opening at 6:00 a.m. instead of 5:00 a.m. Commissioner Downes stated that the PUD was in place for a reason. Commissioner McDonald stated he approved of “Starbucks” opening at 5:00 a.m. Commissioner McDonald continued to say that the early hours would benefit the people of the Town who enjoyed the early morning hour and the amenity. Commissioner McDonald added that any individual applicants requesting to be open earlier should be evaluated on an individual basis. Chairman Brown said he understood why a PUD for this center was agreed upon and at that time, it was in the interest of the residents in this area. Chairman Brown added that there was a fear of excessive lights and noise in a newly proposed shopping center. Chairman Brown stated that he agreed with the Special Use Permit and that the early hour was appropriate for this kind of business. Chairman Brown continued that he supported this request and if other requests were made in the future, each would be evaluated on a case-by-case basis. Vice-Chairman Caldwell agreed with Chairman Brown and stated he would support this request. Commissioner Ewald MOVED to recommend to Town Council approval of the Special Use Permit request for “Starbucks”, case number SU2006-04, with the stipulations recommended by Staff. Commissioner Ewald stated that he recommended approval because the request was not in conflict with the operation of the shopping center. Commissioner Forest SECONDED the MOTION. Commissioner Downes nay Commissioner Ewald aye Commissioner Kasabuski nay Commissioner McDonald aye Chairman Brown aye Commissioner Forest aye Commissioner Caldwell aye The motion CARRIED 5-2. Commissioner Downes and Commissioner Kasabuski gave the nay votes. Starbucks at Four Peaks Plaza SU2006-04 Page 7 of 9 Starbucks at Four Peaks Plaza SU2006-04 Page 8 of 9 Starbucks at Four Peaks Plaza SU2006-04 Page 9 of 9 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Date: 5/18/05 Submitting Department: Administration Contact Person: Tim Pickering Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Rules of Procedure 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 Ordinance No. 06-14 amending the Fountain Hills Town Code, Chapter 3, Administration, Chapter 4, Public Safety, Chapter 12, Traffic, and Chapter 18, Alarm Systems, relating to the office and duties of the Town Marshall. . Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Town Attorney was requested by the Council some time ago to complete this necessary clean-up work. This text amendment is necessary in order to provide accurate verbiage in the Town Code. Staff recommends approval. List All Attachments as Follows: Proposed Ordinance 06-14. Type(s) of Presentation: Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager ORDINANCE NO. 06-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 3, ADMINISTRATION, CHAPTER 4, PUBLIC SAFETY, CHAPTER 12, TRAFFIC, AND CHAPTER 18, ALARM SYSTEMS, RELATING TO THE OFFICE AND DUTIES OF THE TOWN MARSHALL. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 3, Administration, Article 3-1, Officers in General, Section 3-1-5, Town Marshall, is hereby amended as follows: Section 3-1-5 Town Marshall/LAW ENFORCEMENT AGENT The TOWN MANAGER, OR DESIGNEE, SHALL SERVE AS THE town marshal/LAW ENFORCEMENT AGENT AND shall PROVIDE FOR ENFORCEMENT OF enforce town ordinances. THE TOWN MANAGER SHALL HAVE THE AUTHORITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT OR CONTRACT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES. Enforcement will be effected by either issuance of citations or summons and complaint to persons accused of violating town ordinances. SECTION 2. That the Fountain Hills Town Code, Chapter 3, Administration, Article 3- 1, Officers in General, Section 3-1-6, Department Heads, Subsection (A)(4), is hereby deleted in its entirety. SECTION 3. That the Fountain Hills Town Code, Chapter 4, Public Safety, Article 4-1, Marshal’s Department, Article 4-2, Contract for Additional Law Enforcement Services, and Article 4-3, Town Marshal’s Reserve Officers Program, are hereby deleted in their entirety. SECTION 4. That the Fountain Hills Town Code, Chapter 4, Public Safety, Article 4-4, Fire Protection Services, Section 4-4-1, Fire Protection Services, and Section 4-4-2, Fire Protection Services Director, are hereby renumbered Article 4-1, Section 4-1-1 and Section 4-1- 2, respectively. SECTION 5. That the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-11, Commencement of Proceedings for Violations, Subsection (A), is hereby amended as follows: Section 12-3-11 Commencement of Proceedings for Violations A. An action to hear and determine an alleged violation of this article shall be commenced by issuance of a citation by the town marshal, deputy town marshal or other A peace officer of the State of Arizona OR THE TOWN MANAGER OR HIS AUTHORIZED DESIGNEE. 645323.1 SECTION 6. That the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-4, Private Parking, Section 12-4-4, Notice to Marshal and Sheriff, is hereby amended as follows: Section 12-4-4 Notice to Marshal TOWN LAW ENFORCEMENT AGENT and Sheriff Any person towing or transporting any vehicle from a private parking area without the express permission of the vehicle owner, shall notify the town marshal LAW ENFORCEMENT AGENT and the Maricopa County sheriff's office immediately upon the taking of such action and provide the following information: . . . SECTION 7. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-1, Generally, Section 18-1-2, Definitions, is hereby amended as follows: Section 18-1-2 Definitions . . . “Police” means the town marshal’ s office LAW ENFORCEMENT AGENT or the Maricopa County Sheriff’ s Office. . . . SECTION 8. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-1, Generally, Section 18-1-4, Administration, is hereby amended as follows: Section 18-1-4 Administration The administration of this chapter, including the duty of prescribing forms, is vested in the town marshal LAW ENFORCEMENT AGENT or his AUTHORIZED designee. License and permit applications made pursuant to this chapter shall be submitted to the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, who shall have the authority to issue, deny or revoke a permit or license in accordance with the provisions of this chapter. The town marshal LAW ENFORCEMENT AGENT or AUTHORIZED designee shall be responsible for review procedures, hearings or related activities provided for in this chapter. SECTION 9. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-2, Alarm Businesses, Section 18-2-1, License Required; Term; Fees, Subsection (F) is hereby amended as follows: Section 18-2-1 License Required; Term; Fees F. Upon request and the payment of a ten dollar fee, the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall issue a duplicate license to a licensee whose license has been lost, stolen or destroyed. 645323.1 2 SECTION 10. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-2, Alarm Businesses, Section 18-2-2, Application; Investigation, is hereby amended as follows: Section 18-2-2 Application; Investigation A. Application for an alarm business license, or a license renewal, shall be made to the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, upon forms prepared and approved by the town, and contain the following information: . . . 8. Additional information deemed by the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE to be reasonably necessary to fully and fairly evaluate the license application. B. All applicants for licenses under this article shall personally appear at the town police department or such other location as may be designated by the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, for the purpose of being fingerprinted. For the purposes of this subsection, “applicant” shall include all general partners, if the applicant is a partnership, the president, secretary and treasurer, if the applicant is a corporation, and all agents who perform services on behalf of the applicant within the town. Any applicant residing outside of Maricopa County, Arizona, shall appear at a local law enforcement agency or authorized fingerprinting facility within the jurisdiction of applicant’s residence for such fingerprinting. The applicant shall transmit the fingerprints to the town marshal’ s office LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE in an envelope specified for such purpose and provided by the town marshal’ s office LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE at the time of application. The marshal’ s department TOWN LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall conduct a background investigation of the applicant and shall advise the town marshal of the findings of such investigation within the period allowed for issuance of the license. C. The duty to provide the information required in subsections A and B of this section is continuing throughout the license term. The applicant shall notify the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE in writing within ten days of employing any agent who performs services on behalf of the applicant within the town. D. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall have sixty days from the date of completion of all application materials and requirements to either issue or deny any license subject to this article. The issuance of any license shall be in no way construed as a waiver of any right of denial or revocation the town may have at the time of issuance or thereafter. SECTION 11. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-2, Alarm Businesses, Section 18-2-3, Issuance, is hereby amended as follows: 645323.1 3 Section 18-2-3 Issuance A. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall issue a license to an applicant or renew a license, if applicable, when the following conditions are fully satisfied: . . . B. The following reasons may constitute sufficient grounds for denial of license or denial of renewal of a license: . . . 4. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE has reasonable grounds to believe that the licensee has shown a pattern of repeated noncompliance or disregard with the provisions of this chapter. SECTION 12. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-2, Alarm Businesses, Section 18-2-8, Revocation; Appeals, is hereby amended as follows: Section 18-2-8 Revocation; Appeals A. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall initiate license revocation proceedings when there are reasonable grounds to believe that any of the conditions of paragraphs 1 through 5 of subsection B of Section 18-2-3 exist. B. Any person aggrieved by any decision with respect to either the denial of or refusal to issue a license, or the renewal of a license, or revocation of a license, which is the subject of this chapter, shall be entitled to appeal to the town council. All notices of appeal under this chapter shall be filed with the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE. SECTION 13. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-4, Review, Hearing and Miscellaneous, Section 18-4-1, Service Charge Review, is hereby amended as follows: Section 18-4-1 Service Charge Review An alarm user may file a written request for a service charge review by the town marshal LAW ENFORCEMENT AGENT or her AUTHORIZED designee. The request for service charge review must be received by the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE not later than the delinquent date for the payment of the assessment for which the review is being sought. Requests received after the delinquent date shall be deemed untimely and the rights of service charge review and hearing shall be deemed waived as to those assessments. 645323.1 4 . . . C. An alarm user may present evidence that a series of concurrent alarm activations were caused by a “common cause,” which could not have been reasonably corrected before subsequent activations occurred, in which case, the activations shall be counted as a single activation. This provision shall only apply to commonly caused activations occurring within a forty-eight hour period, commencing with the first commonly caused activation, provided that the responsible alarm business has documented, to the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, the action taken to rectify the cause and there are no additional activations of the alarm system from the documented cause within thirty days from the documented cause. SECTION 14. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article 18-4, Review, Hearing and Miscellaneous, Section 18-4-2, Hearing; Notice, is hereby amended as follows: Section 18-4-2 Hearing; Notice A. Any party aggrieved by the decision resulting from a service charge review may request a hearing on the service charge by filing a written request for a hearing within ten days of receipt of decision of the reviewer. The request shall be filed, in writing, with the town marshal LAW ENFORCEMENT AGENT or his AUTHORIZED designee. SECTION 15. 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, May 18, 2006. 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 645323.1 5 *9.) CONSIDERATION of approving a sub consulting construction-services CONTRACT with the WLB Group, Inc., for field surveillance, electrical engineering services, structural engineering services, drafting services, and structural inspection in the amount of $45,000. REGULAR AGENDA *10.) CONSIDERATION of Resolution 2006-31 declaring as public record that certain document filed with the Town Clerk and entitled the “2006 Amendments to the Tax Code of the Town of Fountain Hills.” *11.) CONSIDERATION of Ordinance 06-17 relating to the privilege license tax; adopting the “2006 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. 12.) CONSIDERATION of a TRAFFIC CONTROL CHANGE for the gated rear entrance to Kern Plaza. 13.) PUBLIC HEARING regarding a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 AM for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106, aka Four Peaks Plaza. Case #SU2006-04. 14.) CONSIDERATION of a SPECIAL USE PERMIT to allow the hours of operation to begin at 5:00 AM for a Starbucks to be located at 16815 East Shea Boulevard, Suite 106, aka Four Peaks Plaza. Case #SU2006-04. 15.) CONSIDERATION of ORDINANCE 06-14, a Town Code text amendment to remove all references to the Marshals Department. 16.) CONSIDERATION of RESOLUTION 2006-18, ADOPTING THE maximum amount for the Town of Fountain Hills Fiscal Year 2006-07 TENTATIVE BUDGET with appropriate direction to publish said document in accordance with state law. The Council may address any or all items contained in the budget document and initiate any suggested changes prior to adoption. 17.) CONSIDERATION of renewing the LICENSE AGREEMENT between the Town of Fountain Hills and Cox Communications. 18.) 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 19.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 20.) ADJOURNMENT. DATED this 17th day of May 2006: Jane E. Robinson, Acting 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. Z:\Council Packets\2006\R5-18-06\Agenda 5-18-06 rev A.doc Last printed 5/17/2006 5:11 PM Page 2 of 3