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Home My WebLink About6-15-06 agenda packetNOTICE OF OFF-SITE MEETING Fountain Hills Town Council & Fort McDowell Yavapai Nation Tribal Council Document in 6-15-06 agenda packet.obd WHEN: WEDNESDAY – June 14, 2006 TIME: 11:30 A.M. WHERE: CopperWynd Resort, Sonoran View Room 13225 N. Eagle Ridge Drive, Fountain Hills Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Public that a majority of Councilmembers from Fountain Hills and the Fort McDowell Yavapai Nation Tribal Council will attend. No official action will be taken at this meeting. The agenda for the meeting is as follows: Welcome and Introductions Mayor Wally Nichols President Raphael Bear Lunch Discussion Issues: • Overview of partnerships Tim Pickering, Fountain Hills Orlando Moreno, Fort McDowell • Northeast Valley Coalition Against Methamphetamine Ellen Pence, Fountain Hills Jesse Crabtree, Fort McDowell • “Take a Peak” marketing campaign Mark McDermott, Fountain Hills Steve Geiogamah, Fort McDowell • Transportation improvements Alphonso Rodriguez, Fort McDowell • Update on State Trust Land Tim Pickering, Fountain Hills Adjournment DATED this 9th day of June 2006 Bevelyn J. Bender, Town Clerk NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Vice Mayor Ed Kehe Councilmember Jay Schlum TIME: 5:00 – 7:00 P.M. - WORK STUDY SESSION WHEN: TUESDAY, JUNE 13, 2006 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ “Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call.” ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. 1.) CALL TO ORDER AND ROLL CALL – Mayor Nichols 2.) DISCUSSION of the Town of Fountain Hills’ 2025 Financial Plan and projected long-term revenue shortfall as identified as priority in the citizen driven Strategic Plan. 3.) ADJOURNMENT. DATED this 12th day of June, 2006. By: Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend 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\R6-15-06\Agenda Work Session 6-13-06.doc Page 1 of 1 Document in 6-15-06 agenda packet.obd 6/9/2006 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT WHEN: THURSDAY, JUNE 15, 2006 TIME: 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 6:15 p.m. followed by the District Board meeting of the Community Maintenance District and immediately thereafter the Regular Session of the Fountain Hills Town Council will begin 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 properly 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 1, 2006. 4.) CONSIDERATION of RESOLUTION EMCFD 2006-03, levying upon the assessed valuation of the property within the District, subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending on June 30, 2007. 5.) ADJOURNMENT. DATED this 9th day of June 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. 654117.1 1 EMCFD RESOLUTION NO. 2006-03 A RESOLUTION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD ADOPTING THE FINAL BUDGET BY FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007; AND LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE DISTRICT, SUBJECT TO AD VALOREM TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNTS ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR FISCAL YEAR ENDING ON JUNE 30, 2007. WHEREAS, in accordance with the provisions of ARIZ. REV. STAT. § 48-716, the Eagle Mountain Community Facilities District (the “District”) governing board received the proposed budget prior to July 15, 2006; and WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-715, 48-716 and 48-723 and following published notice, a public hearing was conducted on June 1, 2006 at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS, it appears that all notices have been duly published and mailed, as required by law; and WHEREAS, the District Board intends to adopt the fiscal year 2006-07 final budget; and WHEREAS, the District Board, in the budget, has filed with the District Clerk the annual statements of the costs and expenditures of the District, including the amount of taxes to be raised to pay general obligation bonds of the District and has conducted a hearing on such statements; and WHEREAS, the County of Maricopa (the “County”) is now the assessing and collecting authority for the District, the District Clerk is hereby directed to transmit a certified copy of this Resolution to the Assessor and Board of Supervisors of Maricopa County, Arizona. NOW THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY, ARIZONA, as follows: SECTION 1. That the District budget in the amount of $338,100 is hereby adopted as the Budget of the District for the fiscal year 2006-07. SECTION 2. That there is hereby levied on each one hundred dollars ($100.00) of the assessed value of all taxable property, both real and personal, within the corporate limits and not exempt from taxation, an ad valorem property tax rate of zero dollars and seventy-seven cents ($0.77) shall be levied for the purpose of paying principal and interest on bond indebtedness. Such 654117.1 2 tax rate shall be $0.77 for each one hundred ($100.00) of assessed value for the District for the fiscal year ending June 30, 2007. SECTION 3. That no failure by the County Official of Maricopa County, Arizona, to properly return the delinquent list and no irregularity in the assessment or omission in the same, or irregularity of any kind in any proceedings shall invalidate such proceedings or invalidate any title conveyed by any tax deed; nor shall any failure or neglect of any officer or officers to perform any of the duties assigned to him or to them on the day within time specified work an invalidation of any proceedings or of any such deed or sale or affect the validity of the assessment and levy of taxes or of the judgment or sale by which the collection of the same may be enforced or in any manner affect the lien of the District upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 4. That all resolutions and parts of resolutions in conflict are hereby repealed. PASSED AND ADOPTED by the Chairman and Board of the Eagle Mountain Community Facilities District, Maricopa County, Arizona, on June 15, 2006. W. J. Nichols, District Chairman ATTEST: Bevelyn J. Bender, District Clerk REVIEWED: Timothy G. Pickering, District Manager APPROVED AS TO FORM: Andrew J. McGuire, District Counsel Document in 6-15-06 agenda packet.obd 6/9/2006 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT WHEN: THURSDAY, JUNE 15, 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 District Board 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 District Board meeting of the Eagle Mountain Facilities District and prior to the Regular Session of the Fountain Hills Town Council 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 properly 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 1, 2006. 4.) CONSIDERATION of RESOLUTION CMD2006-03, assessing upon the individual lots and parcels within the District a certain sum upon each parcel in the District sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending the 30th day of June 2007. 5.) ADJOURNMENT. DATED this 9th day of June 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. Document in 6-15-06 agenda packet.obd Last saved by Bev Bender TOWN OF FOUNTAIN HILLS OFFICE OF FINANCE DIRECTOR INTER OFFICE MEMO TO: Honorable Chairman and District Council DT: June 9, 2006 THROUGH: Mr. Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA, CPA RE: Resolution CMD 2006-03 Cottonwoods Maintenance District The Cottonwoods Maintenance District was formed by the Town Council in June, 1999 for the purpose of improving the common areas of the Cottonwoods subdivision; the Town Council serves as the governing Board for the district. Cottonwoods Improvement District bonds were sold in 1999 and the proceeds were used to construct sidewalks and install landscaping improvements within the common area. The improvement bonds were repaid by each property owner through an assessment upon their property billed by the Town. The Maintenance District provides for the maintenance of the common area, which is performed by the Town of Fountain Hills. This includes the common pedestrian, parking and parkways within the boundaries of that district, which is the Cottonwoods subdivision. The district reimburses the Town for the cost ($3,300 annually, or $57.15 per property owner). The annual cost is repaid through ad valorem taxes collected from the 58 property owners within the district. The attached Resolution CCFD 2006-03 authorizes the County to levy a fixed amount of $57.15 annually on those homeowners. I would be happy to answer any questions that the Council may have. 654109.1 RESOLUTION CMD 2006-03 A RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD, MARICOPA COUNTY, ARIZONA, ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE DISTRICT A CERTAIN SUM UPON EACH PARCEL IN THE DISTRICT SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2007. WHEREAS, the provisions of ARIZ. REV. STAT. § § 48-574 and 48-575 allow for the assessment of maintenance charges upon the lots and parcels within an improvement district and such assessments to be collected in the manner and by the officers provided by law for the collection and enforcement of general taxes; and WHEREAS, Maricopa County is the assessing and collecting authority for the District, the District Clerk is hereby directed to transmit a certified copy of this resolution to the County Assessor and the Board of Supervisors of Maricopa County, Arizona. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, as follows: SECTION 1. That there is hereby levied on each lot and tax parcel listed in the attached Exhibit A, incorporated herein by this reference, within the corporate limits of the Cottonwoods Maintenance District the amount listed on such Exhibit A for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2007. SECTION 2. That failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or of the judgement of sale by which the collection of the same may be enforced, shall not affect the lien of the District upon such property for the delinquent assessment unpaid thereon, and no overcharge as to part of the assessment or of costs shall invalidate any proceedings for the collection of assessments or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. That all resolutions and parts of resolutions in conflict herewith are hereby repealed. 654109.1 PASSED AND ADOPTED by the Chairman and Board of the Cottonwoods Maintenance District, Maricopa County, Arizona, June 15, 2006. W. J. Nichols, District Chairman ATTEST: Bevelyn J. Bender, District Clerk REVIEWED BY: Timothy G. Pickering, District Manager APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 654109.1 EXHIBIT A TO RESOLUTION CMD 2006-03 See following pages. 654109.1 EXHIBIT A Lot No. Tax Parcel No. Amount to be Levied* Lot No. Tax Parcel No. Amount to be Levied* 1 176-03-923 $57.15 42 176-03-964 $57.15 2 176-03-924 $57.15 43 176-03-965 $57.15 3 176-03-925 $57.15 44 176-03-966 $57.15 4 176-03-926 $57.15 45 176-03-967 $57.15 5 176-03-927 $57.15 46 176-03-968 $57.15 6 176-03-928 $57.15 47 176-03-969 $57.15 7 176-03-929 $57.15 48 176-03-970 $57.15 8 176-03-930 $57.15 49 176-03-971 $57.15 9 176-03-931 $57.15 50 176-03-972 $57.15 10 176-03-932 $57.15 51 176-03-973 $57.15 11 176-03-933 $57.15 52 176-03-974 $57.15 12 176-03-934 $57.15 53 176-03-975 $57.15 13 176-03-935 $57.15 54 176-03-976 $57.15 14 176-03-936 $57.15 55 176-03-977 $57.15 15 176-03-937 $57.15 56 176-03-978 $57.15 16 176-03-938 $57.15 57 176-03-979 $57.15 17 176-03-939 $57.15 58 176-03-980 $57.15 18 176-03-940 $57.15 19 176-03-941 $57.15 20 176-03-942 $57.15 21 176-03-943 $57.15 22 176-03-944 $57.15 23 176-03-945 $57.15 24 176-03-946 $57.15 25 176-03-947 $57.15 26 176-03-948 $57.15 27 176-03-949 $57.15 28 176-03-950 $57.15 29 176-03-952 $57.15 30 176-03-953 $57.15 31 176-03-953 $57.15 32 176-03-954 $57.15 33 176-03-955 $57.15 34 176-03-956 $57.15 35 176-03-957 $57.15 36 176-03-958 $57.15 37 176-03-959 $57.15 38 176-03-960 $57.15 39 176-03-961 $57.15 40 176-03-962 $57.15 41 176-03-963 $57.15 *such sum may be paid in two installments, along with such parcel’s other taxes NOTICE OF EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Vice Mayor Ed Kehe Councilmember Jay Schlum TIME: 5:45 P.M. to 6:15 P.M. - EXECUTIVE SESSION (Executive Session will be held in 2nd floor Conference Room) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, JUNE 15, 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\R6-15-06\Executive and Regular 6-15-06 Agenda.doc Last printed 6/13/2006 7:19 AM Z:\Council Packets\2006\R6-15-06\Executive and Regular 6-15-06 Agenda.doc Last printed 6/13/2006 7:19 AM Page 2 of 4 • CALL TO ORDER –Mayor Nichols 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.4, For discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the National Century Financial Enterprises [NCFE] litigation.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Councilmember Keith McMahan • ROLL CALL – Mayor Nichols 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 of June 1, 2006, Regular and Special Sessions. *2. CONSIDERATION of approving a Special Event Liquor License APPLICATION for the Chamber of Commerce’s networking social event for their membership scheduled to be held Saturday, July 22, 2006, from 7 p.m. to 11 p.m. *3. CONSIDERATION of approving a PRELIMINARY and FINAL PLAT for the “Fountain Hills Westby Condominiums”, a 4-unit condominium project, located at 16729 E. Westby Drive aka Lot 13, Block 2, Plat 102. Case #S2006-11. *4. CONSIDERATION of RESOLUTION 2006-30, amending the AGREEMENT for Animal Control Services between Maricopa County and the Town of Fountain Hills entered into July 1, 2003, and extending the agreement for one year to June 30, 2007. *5. CONSIDERATION of RESOLUTION 2006-41, providing for ANIMAL SHELTER SERVICES between Maricopa County and the Town of Fountain Hills entered into July 1, 2003, and extending the agreement for one year to June 30, 2007 *6. CONSIDERATION of ACCEPTING A WASH PARCEL, removing stipulations, and recording deed, with stipulations. *7. CONSIDERATION of terminating the VEHICLE LEASE AGREEMENT between the Town of Fountain Hills and Rural/Metro Corporation. Z:\Council Packets\2006\R6-15-06\Executive and Regular 6-15-06 Agenda.doc Last printed 6/13/2006 7:19 AM Page 2 of 4 *8. CONSIDERATION of RESOLUTION 2006-34, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the easterly property line of Plat 505B, Block 3, Lot 9 (15154 E. Marathon Drive) as recorded in Book 159 of Maps, Page 3 Records of Maricopa County, Arizona. EA06-08 (Epperson) *9. CONSIDERATION of RESOLUTION 2006-32, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly property line of Plat 505B, Block 3, Lot 5 (15821 E. Kim Drive) as recorded in Book 158 of Maps, Page 43 Records of Maricopa County, Arizona, with stipulation. EA06- 07 (Carlson) *10. CONSIDERATION of renewing the annual landscaping CONTRACT (2005-01) with Mariposa Horticultural Enterprises, Inc., in the amount of $289,063.75, for yearly landscape services. *11. CONSIDERATION of the FINAL PLAT for a 4-unit condominium plat entitled “Final Plat, Kingsdale Condominiums Unit 15” and located at 13636 N. Hamilton Drive aka Plat 103, Block 4, Lot 11. Case# S2006-13. *12. CONSIDERATION of the FINAL PLAT for a 2-unit condominium plat entitled “Double Tree Phase I Condominiums”, located at 14040 Edgewater Drive aka, Plat 104, Block 5, Lot 34. Case# S2006-14. *13. CONSIDERATION of RESOLUTION 2006-37, approving an updated Parks and Recreation Facility Fee Schedule for the Town’s parks and amenities. *14. CONSIDERATION of approving a CONTRACT EXTENSION AND CHANGE ORDER with Buse Printing for the Town’s “Compass” newsletter and Parks and Recreation Activity Guide “In The Loop” in the amount of $54,350. *15. CONSIDERATION of approving a one-year CONTRACT extension with Nichols and Son Landscaping, Inc. for median landscape maintenance in the amount of $253,399.00. *16. CONSIDERATION of approving an EMERGENCY REPAIR AND REPLACEMENT of traffic signal cabinet damaged by vehicular accident. *17. CONSIDERATION of approving a partial SETTLEMENT with regard to the National Century Financial Enterprises (NCFE) Litigation. *18. CONSIDERATION of accepting a donation of THREE ART PIECES from the Public Art Committee of the Cultural Council for display in the Community Center. REGULAR AGENDA 19. CONSIDERATION of RESOLUTION 2006-36, approving the DISSOLUTION of the McDowell Mountain Preservation Commission. 20. CONSIDERATION of RESOLUTION 2006-35, amending the Planning & Zoning and Engineering Fee Schedule. 21. CONSIDERATION of RESOLUTION 2006-40, granting a water tank access easement, public utility easement, and SRP power easement from Eagles Nest parcel 6 to Chaparral City Water Company’s Eagles Nest water tank. 22. CONSIDERATION of RESOLUTION 2006-43, approving the Cooperative Purchasing Agreement with the City of Tucson and Participation Agreement with Chase Bank in order to implement a PROCUREMENT CARD PROGRAM to streamline purchases. 23. CONSIDERATION of ORDINANCE 06-16, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically bonded indebtedness, for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending 30th on June, 2007. 24. CONSIDERATION of approving a PLAN OF DEVELOPMENT for “Integrity Motors”, an Internet sales based car business, located at 12032 N. Colony Dr. aka Lot 6, Block 2, Final Plat 206. Case# PD2006-01. 25. CONSIDERATION of ORDINANCE 06-13, a Zoning Ordinance text amendment on site distances; and parking lot driveway lengths, and building setbacks within parking lots. Case#Z2005-05. 26. CONSIDERATION of ORDINANCE 06-15, amending the Fountain Hills Town Code, Chapter 11, Offenses, by adding a new Section, 11-1-16, relating to criminal trespass. 27. CONSIDERATION of ORDINANCE 06-18, amending the Fountain Hills Town Code, Chapter 8, Business Regulations, by adding a new Article 8-4, relating to the sale of products containing Ephedrine or Pseudoephedrine; imposing requirements for the display of such products; requiring identification from purchasers; requiring a log of all sales of such products to be maintained and made available to law enforcement; providing for penalties; providing for severability; and providing for and effective date. 28. Quarterly UPDATE by the town manager on progress of implementing the Council’s goals. 29. SUMMARY of COUNCIL REQUESTS by Town Manager. 30. ADJOURNMENT. DATED this 12th day of June 2006 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Z:\Council Packets\2006\R6-15-06\Executive and Regular 6-15-06 Agenda.doc Last printed 6/13/2006 7:19 AM Page 2 of 4 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 15, 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 June 1, 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: June 15, 2006 Submitting Department: Administration Contact Person: 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 Regular Agenda Wording: CONSIDERATION of a Special Event Liquor License APPLICATION for the Chamber of Commerce's networking social event for their membership scheduled to be held Saturday, July 22, 2006, from 7 p.m. to 11 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To allow the sale of alcohol beverages at the Chamber of Commerce’s social event for their membership that will be by invitation. Staff administratively approved the Chamber’s minor event application. Please review the memo from Public Works Director Tom Ward for details. All town departments reviewed the Special Event Liquor application and have submitted their unanimous recommendation for Council approval. List All Attachments as Follows: Special Event Liquor License Application, Departmental approvals, memo from Public Works Director Tom Ward administratively approving the Chamber’s minor Special Event. 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: 06/15/2006 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of approving a PRELIMINARY and FINAL PLAT for the, "Fountain Hills Westby Condominiums," a 4-unit condominium project located at 16729 E. Westby Drive aka Lot 13, Block 2, Final Plat 102. Case Number S2006-11. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for a Preliminary and Final Plat for a Declaration of Condominium. On May 25, 2006, the Planning and Zoning Commission recommended approval of S2006-11, Preliminary Plat, "Fountain Hills Westby Condominiums." Please see the attached memorandum for additional details. List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee TOWN OF FOUNTAIN HILLS MAYOR AND TOWN COUNCIL STAFF REPORT TO: The Honorable Mayor and Town Council DT: June 15, 2006 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Case # S2006-11; Preliminary and Final Plat, “Fountain Hills Westby Condominiums.” LOCATION: 16729 E. Westby Drive aka Lot 13, Block 2, Final Plat 102. REQUEST: Consider the Preliminary and Final Plat for “Fountain Hills Westby Condominiums”, a 4-unit condominium project. DESCRIPTION: OWNER: Fountain Hills Westby, LLC APPLICANT: Joe Shipka EXISTING ZONING: “R-3” EXISTING CONDITION: Under Construction LOT SIZE: 18,406 square feet (0.4225 acres) SURROUNDING LAND USES AND ZONING: NORTH: KC #4 Condominiums; zoned “R-3” SOUTH: Undeveloped Lot; zoned “R-3” EAST: KC #2 Condominiums; zoned “R-3” WEST: Developed Lot; zoned “R-3” SUMMARY: This request is for approval of the Preliminary and Final Plat for “Fountain Hills Westby Condominiums,” Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a ‘fast track’ process is being allowed. The owner, Fountain Hills Westby, LLC, has chosen to convert a four-unit residential complex and record a Declaration of Condominium to sell the units individually. The maximum unit size is 2,371.15 square feet and the minimum unit size is 2,332.10 square feet; these areas include livable space and garages. Both units also have covered patios and terraces. The overall use meets the intention of the underling requirements of the zoning district RECOMMENDATION: Staff recommends approval of S2006-11; the Preliminary and Final Plat for “Fountain Hills Westby Condominiums.” The Planning and Zoning Commission recommended approval of this case at their May 25, 2006 meeting. 654256.1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 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 2006-30, approving a first amendment to an Intergovernmental Agreement with Maricopa County regarding animal control services. CONSIDERATION of RESOLUTION 2006-41, approving a first amendment to an Intergovernmental Agreement with Maricopa County regarding the use of county animal shelters. Staff Recommendation: Approve Fiscal Impact: Yes $27,700 Purpose of Item and Background Information: The Town entered into an Intergovernmental Agreement (IGA) with Maricopa County Animal Care & Control on July 1, 2003 for enhanced services (police/fire/bite animal at large, stray dogs, cats and bats that have bitten a human being), which includes shelter fees associated with impounded dogs and cats. The Town wishes to extend the current IGA for only a one-year period through June 30, 2007. List All Attachments as Follows: Interoffice Memorandum, Amendment to the IGA, Resolution 2006- 30. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee 654256.1 TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: June 9, 2006 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA, CPA RE: Amendment to the IGA with Maricopa County for Animal Control Section 6 of the Town Code authorizes the Town of Fountain Hills to regulate animals within the Town, which includes collecting a license fee for dogs. Complaints regarding unlicensed dogs are enforced by code enforcement and barking dog complaints are enforced by law enforcement (MCSO). The Town entered into an Intergovernmental Agreement (IGA) with Maricopa County Animal Care & Control on July 1, 2003 for enhanced services (police/fire/bite animal at large, stray dogs, cats and bats that have bitten a human being), which includes shelter fees associated with impounded dogs and cats. The estimate for FY07 for both services is $27,700. The Town wishes to extend the current IGA for only a one-year period through June 30, 2007 and spend the next year evaluating whether the Town or the County should provide the dog licensing service. Currently the licensing program is labor intensive with approximately 20 hours per week dedicated to dog licensing. The goal of the analysis is identify additional resources without adding staff. If the Town eliminates the dog license program the County keeps the license fees but waives the shelter fees (estimated $12,000). The annual revenue from dog licenses help offset the costs associated with the contract costs as shown below: Estimated FY06-07 revenue $43,500 Contract services for shelter fees $11,800 Contract services for animal control calls $15,900 Indirect costs (staff, administrative, etc.) $16,500 An appropriation of $32,000 has been included within the law enforcement budget for FY06-07. Staff is recommending approval of the IGA. Please feel free to see me if you have any questions. 654256.1 RESOLUTION NO. 2006-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY REGARDING ANIMAL CONTROL SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the First Amendment to the Intergovernmental Agreement for Animal Control Services between the Town of Fountain Hills and Maricopa County, dated July 1, 2003 (Contract C-79-04-015-2), is hereby approved in the form attached hereto as Exhibit A and incorporated herein by this reference. 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 cause the execution of the First Amendment. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 654256.1 EXHIBIT A TO RESOLUTION NO. 2006-30 [Intergovernmental Agreement] See following pages. 654287.1 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS The Term of the Intergovernmental Agreement for Animal Control Services between Maricopa County and the Town of Fountain Hills, dated July 1, 2003 (Contract C-79-04-015-2) is hereby extended one year as follows: The following provisions of the Intergovernmental Agreement are amended: 3. The Town shall pay the County for the enhanced level of animal control services for the period of July 1, 2003, to June 30, 2007. It is agreed that the County will provide staffing adequate to respond to 100% of contracted calls according to the timelines listed below (unless otherwise requested by caller). Term: This Agreement is effective upon recordation with the Maricopa County Recorder and shall remain in effect until June 30, 2007. Any modification or amendment to the terms and conditions of the Agreement shall be approved by both parties in writing. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL INTERGOVERNMENTAL AGREEMENT REMAIN IN FULL FORCE AND EFFECT. THIS AMENDMENT BECOMES EFFECTIVE UPON RECORDATION WITH THE MARICOPA COUNTY RECORDER. THIS AMENDMENT, consisting of one page is executed by the persons signing below who warrant that they have the authority to execute this Amendment under the original Agreement. IN WITNESS WHEREOF, the parties enter into this Agreement: MARICOPA COUNTY TOWN OF FOUNTAIN HILLS, an BOARD OF SUPERVISORS Arizona Municipal Corporation By: By: ______________________________ ______________________________ Chairman Name ____ Title Attest: Attest: _____________________________ ______________________________ Clerk of the Board Town Clerk The foregoing IGA Amendment has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorneys, who have determined that it is in proper form and is within the power and authority granted to their respective clients under the laws of the State of Arizona. By: By: ____________________________________ ______________________________ Deputy County Attorney Town Attorney 654287.1 RESOLUTION NO. 2006-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the First Amendment to the Intergovernmental Agreement for Animal Shelter Services between the Town of Fountain Hills and Maricopa County, dated July 1, 2003 (Contract C-79-04-039-2), is hereby approved in the form attached hereto as Exhibit A and incorporated herein by this reference. 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 cause the execution of the First Amendment. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 654287.1 EXHIBIT A TO RESOLUTION NO. 2006-41 [Intergovernmental Agreement] See following pages. Document in 6-15-06 agenda packet.obd AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS The Term of the Intergovernmental Agreement for Animal Shelter Services between Maricopa County and the Town of Fountain Hills, dated July 1, 2003 (Contract C-79-04-039-2) is hereby extended one year as follows: The following provisions of the Intergovernmental Agreement are amended: 2.1 The Town shall pay the County an impound fee of $45.00 for each stray dog and cat impounded by the County pursuant to this Agreement: 2.2 The Town shall pay the County an impound fee of $96.00 for each feral cat impounded by the County pursuant to this Agreement; 2.3 The Town shall pay the County a euthanasia fee of $23.00 for each animal euthanized by the County pursuant to this Agreement; 2.4 The Town shall pay the County a boarding fee of $31.00 per day for each animal impounded by the County pursuant to this Agreement, with the exception of feral cats, in which case, the daily boarding fee is included in the $96.00 impound fee; 2.5 The Town shall pay the County $105.00 fee for each deceased animal not involved in a human bite that is submitted to the Arizona State Laboratory and $125.00 for each animal not involved in a human bite that is delivered for euthanasia, euthanized by the County and submitted to the Arizona State Laboratory; 2.6 The Town shall make payments promptly upon receipt and verification of County invoices, no less than quarterly. 2.7 The Town has appropriated sufficient funds in its fiscal year 2006-07 budget to pay for fees pursuant to this Agreement. Term: This Agreement is effective upon recordation with the Maricopa County Recorder and shall remain in effect until June 30, 2007. Any modification or amendment to the terms and conditions of the Agreement shall be approved by both parties in writing. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL INTERGOVERNMENTAL AGREEMENT REMAIN IN FULL FORCE AND EFFECT. THIS AMENDMENT BECOMES EFFECTIVE UPON RECORDATION WITH THE MARICOPA COUNTY RECORDER. THIS AMENDMENT, consisting of two pages, is executed by the persons signing below who warrant that they have the authority to execute this Amendment under the original Agreement. IN WITNESS WHEREOF, the parties enter into this Agreement: Document in 6-15-06 agenda packet.obd MARICOPA COUNTY TOWN OF FOUNTAIN HILLS, an BOARD OF SUPERVISORS Arizona Municipal Corporation By: By: ______________________________ ______________________________ Chairman Name ____ Title Attest: Attest: _____________________________ ______________________________ Clerk of the Board Town Clerk The foregoing IGA Amendment has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorneys, who have determined that it is in proper form and is within the power and authority granted to their respective clients under the laws of the State of Arizona. By: By: ____________________________________ ______________________________ Deputy County Attorney Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 Submitting Department: Fire Contact Person: Scott La Greca 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: Termination of Vehicle Lease Agreement Between The Town of Fountain Hills and Rural/Metro Corporation. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This termination agreement is as a result of the "First Amendment to the Fire Protection and Emergency Medical Services Agreement Between Rural/Metro Corporation and The Town of Fountain Hills," as of January 5, 2006. The cost of fuel and maintenance paid by the Town of Fountain Hills exceeds the annual lease fee received. However it must be noted, the lease fees reviewed have covered the original cost of the ambulance. Rural/Metro Ambulance is desirous to use their equipment. List All Attachments as Follows: Termination 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 6-15-06 agenda packet.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2006-34 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the easterly property line of Plat 506B, Block 3, Lot 9 (15154 E. Marathon Drive) as recorded in Book 159 of Maps, Page 3 Records of Maricopa County, Arizona. EA06-08 (Epperson) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 6-15-06 agenda packet.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 18, 2006 FR: Art Candelaria Randy Harrel Reviewed: Tom Ward RE: Easement Abandonment - EA06-08 15154 E. Marathon Drive Plat 506B, Block 3, Lot 9 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the easterly property line of Plat 506B, Block 3, Lot 9, (15154 E. Marathon Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. The southerly 10’ of the easterly 10’ public utility easement will be retained for existing and potential future utility boxes. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 9 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2006-34. Enc: Resolution Exhibit c: William Epperson Adjacent Property Owners Document in 6-15-06 agenda packet.obd RESOLUTION 2006-34 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE EASTERLY PROPERTY LINE OF PLAT 506B, BLOCK 3, LOT 9, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 3 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the easterly property line of Plat 506B, Block 3, Lot 9, Fountain Hills, as recorded in Book 159 of Maps, Page 3 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 6-15-06 agenda packet.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 15, 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 6-15-06 agenda packet.obd Document in 6-15-06 agenda packet.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2006-32 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly property line of Plat 505B, Block 3, Lot 5 (15821 E. Kim Drive) as recorded in Book 158 of Maps, Page 43 Records of Maricopa County, Arizona, with stipulation. EA06-07 (Carlson) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 6-15-06 agenda packet.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 15, 2006 FR: Art Candelaria Randy Harrel Reviewed: Tom Ward RE: Easement Abandonment - EA06-07 15821 E. Kim Drive Plat 505B, Block 3, Lot 5 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the southerly property line of Plat 505B, Block 3, Lot 5, (15821 E. Kim Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 5 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2006-32, subject to the following stipulation: Grant a 10’x10’ public utility easement at the northwest corner of the lot along Kim Drive. Enc: Resolution Exhibit c: Milton & Kelly Carlson Adjacent Property Owners Document in 6-15-06 agenda packet.obd RESOLUTION 2006-32 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF PLAT 505B, BLOCK 3, LOT 5, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the southerly property line of Plat 505B, Block 3, Lot 5, Fountain Hills, as recorded in Book 158 of Maps, Page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 6-15-06 agenda packet.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 15, 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 6-15-06 agenda packet.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 15, 2006 Submitting Department: Parks and Recreation Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Contract - Renewal 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: Renewal of the ANNUAL LANDSCAPING CONTRACT (2005-01) with Mariposa Horticultural Enterprises, Inc. in the amount of $289,063.75, for yearly landscape services Staff Recommendation: Approve Fiscal Impact: Yes $289,063.75 Mariposa Purpose of Item and Background Information: Contact 2005-01 was awarded to Mariposa for annual landscape maintenance in 2005 including mowing, landscape maintenance and overseeding. Under the terms of the contract an annual renewal is possible for up to four additional years for a total of five years with an annual adjustment to the price based on the Consumer Price Index - Western increase from the previous year. The increase in the CPI for 2005 was 3.7 percent. This is the first renewal under the contract. USD#98, which is also a part of the contract, Public Works, and the Park and Recreation Department, which administers the contract, are recommending approval of the renewal. List All Attachments as Follows: Acceptance letter from Mariposa Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 15, 2006 Submitting Department: Parks and Recreation Contact Person: Bryan Hughes 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 contract extension and change order with Buse Printing for the Town's "Compass" newsletter and Parks and Recreation Activity Guide "In The Loop" in the amount of $54,350. Staff Recommendation: Approve Fiscal Impact: Yes $54,350 Purpose of Item and Background Information: This is an extension of a contract initiated in July 2004 for FY 2004-05, and is renewable on an annual basis for up to three additional one-year periods. The contract was renewed last year for FY 2005-06 at a cost of $38,734.02. The contract renews in the amount of $40,167.18 this year, which includes a 3.7% Consumer Price Index increase. Staff is also recommending a change order allowing for increased pages in each publication, if necessary, in an amount not to exceed $14,182.82 as budgeted. Funding for printing both publications is included in the Information Technology budget ($26,000) and the Parks and Recreation budget ($28,350) and included the costs estimated for changes. The "Compass" newsletter contains government information and is distributed six times per year. The "In The Loop" Parks and Recreation Activity Guide contains parks, recreation, senior services, and Community Center information and is distributed three times per year. Buse Printing has been providing printing and mailing services for the Town for the past three years. Town staff is pleased with both the quality of printing and the timely mailing of the newsletter and desires to continue the contractual relationship. The contract is renewable for up to three years. List All Attachments as Follows: Letter Acknowledging Increase from Buse Printing, Change Order & Existing 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 TOWN OF FOUNTAIN HILLS, ARIZONA PARKS AND RECREATION DEPARTMENT CHANGE ORDER Date: June 15, 2006 Request: #1 Name of Project: Printing Contract for “COMPASS” Town Newsletter & “In The Loop” Parks and Recreation Activity Guide Contract Date: July 1, 2004 Contractor: Buse Printing Description of Proposed Change Order: • Additional pages in expanded “In The Loop” Parks and Recreation Activity Guide due to the addition of Senior Services and increased Fountain Hills McDowell Mountain Preserve and Community Center information • Professional assistance with corrections and last minute changes to both the “COMPASS” and “In The Loop” publications Authorized Cost Change: $14,182.82 Change in Contract Time: N/A (Calendar Days) New Authorized Project Total: $40,167.18 (Contract Amount w/ CPI Increase for FY 2006-07) $14,182.82 (Change Order #1 – Additional Pages) $54,350.00 (Total Contract including Change Orders - Not to exceed) Recommended by: Bryan Hughes, Recreation Supervisor Dated Approved by: Timothy G. Pickering, Town Manager Dated cc: Julie Ghetti, Accounting Supervisor TOWN OF FOUNTAIN HILLS COMPASS NEWSLETTER AND ACTIVITY GUIDE PRINTING CONTRACT THIS CONTRACT (this “Contract”) is made as of July 1, 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Ray Buse Printing and Advertising, Inc., an Arizona corporation (the “Printer”). RECITALS A. The Town issued an Invitation for Bid on June 11, 2003 (the “Invitation”), for printing services related to the Compass Newsletter (the “Newsletter”). B. Printer responded to the Invitation and submitted a bid for the Newsletter. Printer’s bid was the lowest, qualified bid received by the Town. C. Historically, the Newsletter has included the Town’s Activity Guide (the “Guide”). However, the Town now desires to have the Guide printed separately from the Newsletter. D. The Town desires to enter into this Contract with the Printer for printing services related to the Newsletter and the Guide (collectively, the “Services”). E. The Town’s Contract Administrator for this Contract shall be the Town’s Parks and Recreation Executive Assistant or authorized designee. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Contract. The term of this Contract shall be from July 1, 2004, through June 30, 2005. This contract will automatically renew for successive one-year terms on the anniversary of the execution hereof for three consecutive years unless written notification is made by either party not less than thirty (30) days prior to the annual renewal date. 2. Scope of Work. Printer shall provide the Services in accordance with the terms and conditions of this Contract, and as more particularly set forth in the Scope of Work and Fee Schedule, attached hereto as Exhibit A and incorporated herein by reference. 3. Fees. The amount paid to the Printer under this Contract for the Services shall not exceed $37,715.70, as more particularly set forth in Exhibit A. 4. Price Increases. Price increases may be requested by the Printer 30 days prior to the anniversary date of the Contract. Price increases will become automatically effective and will be effective for at least one year from the date of approval. Price increases will be applied to the unit pricing in the Contract as a percentage increase. The percentage increase in the unit pricing may not exceed the percent of increase in the Phoenix Metropolitan “Consumers Price Index” for all items for the Percent Change from the Year-Ago Quarter as published by the Department of Labor Urban Consumer Price Index, however, this increase shall not be allowed to exceed a limit of 5%. Higher price increases may be considered based on documented increases in material price or labor wage/fringe rate. 5. Payments. Printer shall submit invoices to the Town that shall document and itemize all work completed. The Contract Administrator shall review and approve all invoice statements. Once approved, invoices shall be paid within 30 days of said approval. 6. Licenses. Printer shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Printer. 7. Indemnification. To the fullest extent permitted by law, the Printer 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 Printer, its employees, agents, or any tier of subcontractors in the performance of this Contract. Printer’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 Contract of any employee of the Printer or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Printer 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. 8. Insurance. 8.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Printer, Printer 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 Printer. 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 Printer from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. c. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. e. Primary Insurance. Printer’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, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Printer. Printer 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. Printer shall be solely responsible for any such deductible or self-insured retention amount. The Town, at its option, may require Printer 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, Printer shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Printer. Printer 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, Printer shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Printer’s insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. Such certificates shall identify the contract work number and be sent to the Engineer. If any of the above-cited policies expire during the life of this Agreement, it shall be Printer’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) Printer’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 Printer 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. 8.2 Required Insurance Coverage. a. Commercial General Liability. Printer shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, 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 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. Professional Liability. If this Agreement is the subject of any professional services or work, or if Printer engages in any professional services or work adjunct or residual to performing the work under this Agreement, Printer shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the work or services performed by Printer, or anyone employed by Printer, or anyone for whose negligent acts, mistakes, errors and omissions Printer is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for three years past completion and acceptance of the work or services, and Printer shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. c. Vehicle Liability. Printer shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Printer’s owned, hired and non-owned vehicles assigned to or used in the performance of the Printer’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. d. Workers’ Compensation Insurance. Printer shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Printer’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. 8.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 9. Termination; Cancellation. 9.1 For Town’s Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause by the Town 30 days after receipt by Printer of written notice by the Town. Upon termination for convenience, Printer shall be paid for all undisputed services performed to the termination date. 9.2 For Cause. This Contract 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 Contract’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 Printer for the undisputed portion of its fee due as of the termination date. 9.3 Due to Work Stoppage. This Contract may be terminated by the Town upon 30 days’ written notice to Printer in the event that the Improvements are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Printer for the undisputed portion of its fee due as of the termination date. 9.4 Conflict of Interest. This Contract is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Contract 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 Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 9.5 Gratuities. The Town may, by written notice to the Printer, cancel this Contract if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Printer or any agent or representative of the printer to any officer or employee of the Town for the purpose of securing this Contract. In the event this Contract 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 Printer an amount equal to 150% of the gratuity. 10. Miscellaneous 10.1 Independent Contractor. The Printer acknowledges that all services provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Contract is nonexclusive and that Printer is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 10.2 Laws and Regulations. The Printer shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Printer 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. 10.3 Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Printer. 10.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract 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 Contract will promptly be physically amended to make such insertion or correction. 10.5 Severability. The provisions of this Contract 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 Contract which may remain in effect without the invalid provision or application. 10.6 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 Printer is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Printer should make arrangements to directly pay such expenses, if any. 10.7 Interpretation; Parol Evidence. This Contract represents the entire Contract of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. 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. 10.8 Assignment. No right or interest in this Contract shall be assigned by Printer without prior, written permission of the Town and no delegation of any duty of Printer shall be made without prior, written permission of the Town. 10.9 Subcontracts. No subcontract shall be entered into by the Printer with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Printer is responsible for performance under this Contract whether or not subcontractors are used. 10.10 Rights and Remedies. No provision in this Contract 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 Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town’s acceptance of and payment for services, shall not release the Printer from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 10.11 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. 11. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract 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: If to the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269-7958 Facsimile: 480-837-4452 Attn: Michelle Carlson With copy to: JORDEN, BISCHOFF, MCGUIRE ROSE & HISER, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Printer: Ray Buse Printing and Advertising, Inc. 1616 E. Harvard Phoenix, Arizona 85006 Facsimile: 602-254-5118 Attn: Ray Buse, President With a copy to: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. IN WITNESS WHEREOF, the Town and the Printer have caused this Contract to be duly executed as of the day, month and year first above written. “Town” “Printer” TOWN OF FOUNTAIN HILLS, an RAY BUSE PRINTING AND municipal corporation ADVERTISING, INC., an Arizona corporation By: Timothy G. Pickering, Town Manager Name: ____ Title: ATTEST: Bevelyn J. Bender, Town Clerk EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Beginning July 1, 2004, the Newsletter will be separated into two distinct publications: The Compass Newsletter and the Activity Guide. Compass Newsletter • Printed on 8 pages • Mailed 6 times per year • Price to print, mail, and deliver extras to the Community Center including tax: $22,949.37 Activity Guide • Printed on 12 pages • Mailed 3 times per year • Price to print, mail, and deliver extras to the Community Center including tax: $14,766.33 The specifications for both the Compass Newsletter and Activity Guide include: • Self cover newsletter with a finish size of 8 ½ x 11. • 70# fortune Matte Book paper or equivalent. • Trim, fold, and saddle stitch. • CMYK color process. • PageMaker files will be burned to a CD and delivered to Buse Printing. • Film output sample produced for review and approval prior to printing the job. • Turn around time is 14 business days from receipt of newsletters by Buse Printing. • Mailing will be government saturation, weighted at Scottsdale Post Office, and delivered to Fountain Hills Post Office for mailing. • Extra newsletters will be delivered to the Community Center, which is located across the street from the Fountain Hills Post Office. • Buse Printing will maintain all necessary business licenses. Document in 6-15-06 agenda packet.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 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 one-year contract extension with Nichols & Sons Landscaping, Inc. for median landscape maintenance in the amount of $253,399. Staff Recommendation: Approve Fiscal Impact: Yes $253,399 Purpose of Item and Background Information: Annual median landscape maintenance List All Attachments as Follows: Staff memo, map Type(s) of Presentation: Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 6-15-06 agenda packet.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: June 2, 2005 FR: John Morast, Assistant Public Works Director THRU: Tom Ward, Director of Public Works RE: Annual median landscape maintenance contract renewal This item on the Council agenda is a request to approve an expenditure of $253,399 for median landscape maintenance. The approved FY06-07 budget included $256,220 for landscape maintenance. The annual contract with Nichols and Sons Landscaping was approved in June 2005 for a one-year period, with an option to renew for up to four additional one-year periods, with price adjusted for inflation each year. Staff recommends approval of this expenditure. Document in 6-15-06 agenda packet.obd 9196.001\. . . \STS.res.doc 2.9.2005-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/05/06 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 approving a partial SETTLEMENT with regard to the National Century Financial Enterprises Litigation. Staff Recommendation: Approve Fiscal Impact: Yes $5,000 Purpose of Item and Background Information: The Town of Fountain Hills invests idle funds in the Local Government Investment Pool (LGIP-GOV) backed by the full faith and credit of the government. In 2001 and 2002 the LGIP invested $131,000,000 in securities of National Century Financial Enterprises (NCFE); in November 2002 NCFE went bankrupt. Fountain Hills was one of many Arizona cities and towns that had significant amounts of money invested in the LGIP and subsequently joined the Arizona Public Entity NCFE Loss Recovery Coalition to file a claim for the loss. The Town’s loss was $168,000 List All Attachments as Follows: Interoffice Memorandum, IGA, Resolution 2005-13. 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: June 15, 2006 Submitting Department: Parks and Recreation Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of Accepting a Donation of three pieces of art from the Public Art Committee of the Cultural Council for display in the Community Center Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Three pieces of flat art are being offered as a donation to the Town for display at the Community Center. The first is an acrylic painting titled, "Portal For The Kiva" and is valued at $1,200. The second piece is a photo collage titled, "The Goldfields" and is valued at $500. The third piece is a painting titled, "Etched By Water - Embraced By Time" with a value of $1,600. Under the Public Art Policy previously adopted by the Town Council, potential donated public art pieces and their placement are first reviewed by staff and the appropriate commission from which a recommendation is made. The Community Center Advisory Commission reviewed the potential donation at its meeting in May and both staff and the Commission are supportive of the donation and the placement in the Community Center. List All Attachments as Follows: Pictures of art work - There is no picture available for "Portal For The Kiva" Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 15, 2006 Submitting Department: Parks and Recreation Department Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-36 approving the DISSOLUTION of the McDowell Mountain Preservation Commission Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The McDowell Mountain Preservation Commission at their May 16, 2006 regular meeting, with four of the current five members attending, voted to recommend to the Town Council that the group be dissolved. Their recommendation was based on several factors. The first was the recent resignation of the new chair and the inability of the remaining members with tenure on the commission to assume that role. Secondly, was the feeling that the major task for the group, which was the establishment of the Preserve, had already been accomplished. Lastly, that the task of constructing the trailhead in the Preserve was likely a number of years off due to the delayed development by MCO of the Adero Canyon area. List All Attachments as Follows: Resolution 2006-36 Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager 654045.2 RESOLUTION NO. 2006-36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DISSOLVING THE MCDOWELL MOUNTAIN PRESERVE COMMISSION. WHEREAS, the McDowell Mountain Preserve Commission (the “MMPC”) was created by the Mayor and Council of the Town of Fountain Hills (the “Town Council”) for purposes of, among other things, acting in an advisory capacity to the Town Council and Town Manager in all matters pertaining to the McDowell Mountain Preserve, assisting in the planning of programs for the citizens of the Town and promoting and stimulating public interest in the McDowell Mountain Preserve; and WHEREAS, since its inception, the members of the MMPC have worked diligently and productively to attain the goals of the MMPC and have succeeded in accomplishing its purposes. The Members of the MMPC have served with distinction and have provided an invaluable service the Town and its residents; and WHEREAS, in accordance with Section 9.1(E) of the Town Council Rules of Procedure, a board, commission or committee shall be dissolved upon the accomplishment of the purposes for which it was created. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the MMPC is hereby dissolved and the Town Council extends its sincere gratitude to all of the citizens who tirelessly served on the MMPC. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 06/15/2006 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-35, an amendment to the Planning & Zoning and Engineering Fee Schedule. Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: This memo is in response to Goal #4, Objective 4.1 of the Town Council strategic priorities report to increase variance filing fees significantly to deter frivolous filings. In the process of researching variance filing fees staff quickly discovered that several of the Planning & Engineering Fees are substantially different than fees in other communities and the fees have not been updated for seven years. As a result, this request is to fully update the Planning & Zoning and Engineering Fee Schedule. List All Attachments as Follows: Memorandum, Resolution 2006-35. 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 MAYOR AND COUNCIL MEMORANDUM TO: The Honorable Mayor and Town Council DT: June 15, 2006 FR: Kate Zanon, Planner THR: Richard A. Turner, AICP Planning and Zoning Administrator RE: Planning & Zoning and Engineering Fee Schedule OBJECTIVE: This memo is in response to Goal #4, of the Town Council strategic priorities for the next two years, which is to strictly enforce the General Plan and the Town Ordinances. This report is also responding specifically to Objective 4.1 to increase variance filing fees significantly to deter frivolous filings. In the process of researching variance filing fees staff quickly discovered that several of the Planning & Engineering Fees do not cover the cost of administration and are lower than many other communities. As a result, this request is to fully update the Planning & Zoning and Engineering Fee Schedule. SUMMARY: On May 4, 2006 the Town Council passed a resolution to remove the Planning and Engineering Fee Schedule from the Town Code and in turn adopt it as Resolution 2006- 09. Future changes to the fee schedule would be done by resolution or through the budget process. The Town approved the 2006/2007 Budget on June 1, 2006 and staff would like to implement a more strategic and updated fee schedule for the new fiscal year. Staff used three measures in establishing the proposed fee changes: 1) Staff looked at fees for similar applications in other communities. Comparison communities were chosen based on location within the Phoenix Metro Region and resemblance to our Town. 2) Staff looked at the Strategic Plan 2006-2010. The strategic focus area for Physical Planning, Zoning and Architecture directed staff to strictly enforce the General Plan and Zoning Ordinance. 3) Staff looked at the time and number of personnel involved to process the applications. Planning & Zoning and Engineering fees have not been changed since 1998. Resolution 98-28 was approved on September 3, 1998 and the fees went into effect on January 1, 1999. Thus, the Town has not seen any increase in the Planning or Engineering fees in over 7 years. In light of this time frame since the fee schedule was last updated and through the three measures discussed above, staff has attempted to bring fees in line with the cost of plan review in 2006. 654026.1 2 The evaluation section of this report discusses each of the proposed fee changes. The evaluation defines the application type, looks at fees in other communities, provides the existing fee and proposed fee and discusses the rationale for each proposed change. The evaluation first looks at the planning fees and then at the engineering fees. Planning Applications Processed The following chart is a summary of planning cases processed in the past three years. Summary of Staff Planning Reviews Common Plan Reviews and Totals Processed 2005 2004 2003 Concept Plans 17 24 18 Plats (All) 25 32 16 Special Use Permits 10 5 9 Variances 2 2 4 Rezoning (including PUD’S) 11 20 14 General Plan Amendments 2 3 1 Temporary Use Permits 19 13 14 Total 86 99 76 Discussion The above table only details applications that require presentations to the Planning and Zoning Commission and/or Town Council and excludes administrative approvals. As you can see staff is processing approximately 100 applications per year. When reviewing each fee staff accounted for the frequency by which we process the application type. The above table shows that concept plans and plats represent approximately half the applications reviewed each year. 654026.1 3 EVALUATION: I. Planning and Zoning Fees Area Specific Plan Definition An area specific plan is a further refinement of all of the elements of the Fountain Hills General Plan for a specific area. Area specific plans are plans that cover specific sub areas or neighborhoods. These plans provide basic information such as natural features, resources, physical constraints, land-use designations, services, facilities, and development proposals. The Firerock community has an area specific plan. Area Specific Plans in Other Communities Community Creation of the Area Specific Plan Major Amendments Minor Amendments Cave Creek N/A N/A N/A Carefree N/A N/A N/A Scottsdale $3,009-$3420 (depending on topography) $2000-$2350 $402 Prescott N/A N/A N/A Flagstaff $2000 + $100 per acre $2000 + $100 per acre Paradise Valley N/A N/A N/A Tempe $2500 < 1 acre, $5000 > 1 acre $1250 < 1 acre, $2500 > 1 acre $1250 < 1 acre, $2500 > 1 acre Mesa $1800 + $180 per acre Fountain Hills Current Fee Fountain Hills Proposed Fee Area Specific Plans Area Specific Plans and Amendments $3000.00 + $10 per acre $3000.00 + $100 per acre Amendments $2000.00 + $5 per acre Discussion As the Town fees are in line with those in other communities only a minor change to this fee is being proposed: 1) the price per acre is being increased in accordance with other surrounding communities and 2) the amendment fee is being increased to equal the price for a new plan. The amendment fee is being increased, as the Town’s existing specific area plans are all approaching build out therefore any amendments proposed would really result in the creation of a new plan and consume a lot of staff time. 654026.1 4 General Plan Amendments Definition A General Plan is a comprehensive declaration of goals, policies and programs for the development of the Town including diagrams, maps, objectives, principles and standards. Amendments to the General Plan can be to the text or the maps. General Plan Amendment Fees in Other Communities Community General Plan Map Amendments Major General Plan Map Amendments Minor Notes Cave Creek $2500 $2500 Carefree N\A N\A Scottsdale 27% of the rezoning fee (> 40 acres) 57% of the rezoning fee (<40 acres) Zoning Fee $959-$4600 (depending on type of rezone) + fee per acre Prescott $578 $347 Flagstaff $2000 + $100 per acre $2000 + $100 per acre Paradise Valley $7175 $7175 Tempe $2000 + $100 per acre $5000 + $100 per acre Mesa $13,000 $2400 Fountain Hills Current Fee Fountain Hills Proposed Fee Amendments Major Amendments $3000.00 + $15 per acre $5000.00 + $100 per acre + mailing label costs + notification Minor Amendments $3000.00 + $100 per acre + notification Discussion The current fee for General Plan amendments does not differentiate between major and minor amendments and is on the low end when compared with fees for major amendments in other communities. Staff feels a fee increase is necessary to accommodate major amendments for several reasons. The Town’s Strategic Plan has an initiative to strictly enforce the General Plan. While at times, amendments to the General Plan are necessary such as the changes made for the State Trust Land annexation, the Town generally does not want to dramatically alter the vision. In looking at fees in other communities a fee differential between major and minor amendments is common due to staff processing time (approximately double for a major amendment). In the last three years the Town has only had six General Plan Amendment requests. 654026.1 5 Rezoning Application for the Zoning Map and Ordinance Text Amendments Definition Rezone applications can accomplish two tasks, 1) to amend text, wording or substance in the Zoning Ordinance or Subdivision Ordinance or, 2) to amend a zoning classification or boundary on the official Zoning Map. Rezone Fees in Other Communities Community Map Amendments Text Amendments Major Text Amendments Minor Notification Cave Creek $3500 + $100 per acre over 10 Residential, $5000 + $500 per acre over 10 Commercial $2500 $2500 N/A Carefree $1200 + $50- $150 per acre $400 publication fee and $5 mailing per letter Scottsdale $1825 $730 Prescott $1473 + cost of mailing $1473 + cost of mailing $1473 + cost of mailing $1473 + cost of mailing Flagstaff $2000 + $50 per acre $5745 $5745 Paradise Valley $3260 + $75 per lot N/A Tempe $2000 + $100 per acre N/A Mesa $1800 + $180 per acre N/A Fountain Hills Current Fee Fountain Hills Proposed Fee Rezones (Maps) Rezones (Maps) $1000 + mailing label costs $2000 + $100 per acre + notification Ordinances (Text Amendment) Ordinances (Text Amendments) $1000 + mailing label costs $2000 + notification Discussion The most common rezoning applications seen by staff are amendments to the Zoning Map. These applications require an application, extensive staff review focusing on the appropriateness of the proposed change to surrounding land uses and the General Plan classification, two public hearings and if approved an update to all Town related maps. The proposed fee change is consistent with fees being charged in other communities for the staff time necessary to process the applications. Staff time is approximately 13 hours per review plus public meetings. 654026.1 6 Planned Unit Developments (PUD’S) Definition Planned Unit Developments or PUD’s are plans in which one or more of the zoning or subdivision regulations, other than use regulations may be waived or varied to allow flexibility and creativity in site and building design. In Fountain Hills PUD’s can only be used for developments of 5 acres or greater and the Town must receive one of the following: preservation of natural features, an increase in protection of environmentally sensitive areas, or an increase in common useable open space. PUD Fees in Other Communities While PUD’s are not unique to Fountain Hills, this type of application is difficult to directly compare to other communities; often the name of the process and the rules that govern the process differ therefore making a simple fee comparison difficult. Staff found that some sort of specialized zoning was available in several other communities and the application prices ranged from $300.00 to $7500.00. Fountain Hills Current Fee Fountain Hills Proposed Fee PUD PUD $1000 + mailing label costs $2000 + $100 per acre + notification Discussion PUD’s allow an applicant the opportunity to amend one or several of the zoning or subdivision regulations. While PUD’s are often a useful tool to encourage best use of a property, they are a deviation of the Town’s general regulations. Therefore, in light of the Town strategic plans to enforce regulations, a fee increase is appropriate. While staff is not discouraging the PUD option, staff does want to discourage the less serious developer from using this process. There is a noteworthy amount of staff and attorney time associated with processing these applications. The proposed fee increase would better account for the required level of review. Development Agreements Definition A development agreement is a legislatively approved contract between a jurisdiction and a person having legal or equitable interest in real property. The agreement is intended to clearly establish the developer’s responsibility regarding the project such as phasing, property development, improvements and other mutually agreed terms or requirements. A development agreement is intended to provide assurance regardless of any changes to policies, rules or regulations. Fountain Hills Current Fee Fountain Hills Proposed Fee Development Agreements Development Agreements $0 $2500 + $100 per acre 654026.1 7 Development Agreements Continued Discussion The Town of Fountain Hills does not currently charge for development agreements. Staff is requesting an up front fee similar to the fee for PUD’s as the review process is similar. Development Agreements require negotiation between staff and the developer as well as substantial time by the Town Attorney drafting the agreement. At present the Town is incurring the full cost of development agreements. While staff is not discouraging use of development agreements, due to the time commitment of this process the fee is intended to discourage developers from using this process until appropriate. As development agreements allow a developer to deviate from the Town regulations, the above fee is appropriate and supports Town Council’s strategic goals. Plats Definition Plats are maps that represent a tract of land and its division into smaller lots and tracts. It shows the boundaries and location of individual properties, and streets, monuments, and other landmarks for the purpose of identifying property. The Town processes several plat applications: 1) preliminary plats where the general or intended design is presented, 2) final plats that may have some minor adjustments from the preliminary plat, 3) replats where lots are joined, split or adjusted, 4) plat abandonments where plats revert back to a previously approved situation, and 5) condominium plats which are a legal division of air space, but not land sell projects. Plat Fees in Other Communities Community Preliminary Plats Final Plats Replats and Plat Abandonments Condominium Plats Cave Creek $5000 + $100 per acre over 10 $5000 + $100 / acre over 10 $500-$600 Carefree $600 + 50 per lot $600.00 + 50 per lot $50-$350 Scottsdale $2060 + $13.91 per lot $4120 +128.75 per lot $2060 + 64.89 per lot Prescott $3114 + $168 per lot over 20 $922 + $43 per lot over 20 $348 $3114 + $168 per lot over 20 Flagstaff $1500+ $150 per acre $1000 + $20 per lot Paradise Valley $3265 + $25 per lot *fees double in hillside areas $1825 *fees double in hillside areas $815-$2065 *fees double in hillside areas N/A Tempe $2000 + $50 per acre $2000 + $50 per acre $300 for lot splits Mesa $1800 + $60 per lot $1200 + $24 per lot $270 + $24 per lot 654026.1 8 Plats Continued Fountain Hills Current Fee Fountain Hills Proposed Fee Preliminary Plat Preliminary Plat $100/lot, unit, or tract up to $2500 $2000 + $50 per lot, unit, or tract + 10 per lot, unit, or tract over 25 Time Extension fee $100 Final Plats Final Plats $100/ lot, unit, or tract up to $700 $1500 + $50 per lot, unit, or tract + $10 per lot, unit, or tract over 7 Replats $500 up to 3 lots, Final Plat fees thereafter Plat Abandonments $500 Condominium Plats $1500 + $50 per unit Note: All Plat documents are required to pay County recording fees. These fees are set the by the Maricopa County Recorders Office Discussion The current plat fees organized into only two types of plats do not accurately account for the time commitment by staff to process the various applications. As well, in looking at fees charged by other communities, Fountain Hills is substantially lower than most compared. Staff is proposing a base fee for all plat applications regardless of size or number of lots or units. The reason behind this is there are static costs associated with processing plats. Staff is also proposing that the fee increase from the base fee dependent on the project size. The larger the project the more staff time necessary for the review therefore the greater the fee. This rationale is consistent with that in other communities. Preliminary plats are the most time consuming plats for staff to process (approximately 17 hours per review plus public meetings), thus the greatest cost. Final plats, replats and plat abandonments are only required to go before Town Council therefore less staff time (approximately 9 hours per review plus one public meeting) so a reduced fee is appropriate. Condominium plats are required to go before the Planning and Zoning Commission and Town Council. Thus, while the review involves less time than a typical preliminary plat, the processing steps are the same. Special Use Permits Definition A use that meets the intent and purpose of the zoning district, but which requires the review and approval of the appropriate body to ensure no adverse impacts on adjacent uses, structures or services. 654026.1 9 Special Use Permits Continued Special Use Permit Filing Fees in Other Communities Community Special Use Permit Fees Commercial Special Use Permit Fees Residential Special Use Permit Major Special Use Permit Minor Publication Fee Cave Creek $2500 $2500 N/A N/A none Carefree $400-$3000 depending on square footage $400-$3000 depending on square footage $400-$3000 depending on square footage $400- $3000 depending on square footage $400 + $5 per letter Scottsdale N/A N/A $2045 $511 none Prescott $709 + mailing costs $709 + mailing costs N/A N/A none Flagstaff $1000 $500 N/A N/A none Paradise Valley $4870 + $110 per acre $2160- $2560 none Tempe $1000 $350 N/A N/A none Mesa $960 $240 N/A N/A none Fountain Hills Current Fee Fountain Hills Proposed Fee Special Use Permits Special Use Permits $750 + mailing label costs $1000 + notification Discussion Staff is only proposing a modest fee increase for special use permits. The fee for special use permits in other communities varies greatly $240-$3000. The majority of applications processed in Fountain Hills are for commercial projects. Unlike variances, special use permits are not deviations from Town regulations. Rather, special use permits are used when a land use is generally appropriate in nature, but the Town wants to ensure that the use is appropriate site specific. Therefore, while staff is suggesting a fee increase staff does not want to discourage applicants from submitting these applications Variance and Appeals of Decisions by the Administrator Definition Variances are permission to depart from the development code when, because of special circumstances applicable to the property the provisions of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity with identical zoning. Appeals of decisions by the Zoning Administrator is a process that allows an applicant an opportunity to request a public hearing to dispute the Administrator’s decision. 654026.1 10 Variances Continued Variance Filing Fees in Other Communities Community Variance Fees Commercial Variance Fees Residential Variance Fees Appeals Variance Fees Mailing Costs Cave Creek $1500 $1250 $600 Carefree $250 $250 $100 + $50 per publication and $5 per letter Scottsdale $1066.05 $131.84 $131.84 Prescott $709 $709 $709 Actual mailing fee Flagstaff $500 $100-$350 $250 N/A Paradise Valley $2110 $2110 $1585 N/A Tempe $1000 $350 (single- family) $1000 N/A Mesa $960 $240 N/A Fountain Hills Current Fee Fountain Hills Proposed Fee Variances Variances $450 + mailing costs $2000 + notification + $300 for each additional variance Appeals Appeals $200 $2000 + notification Discussion Since one of the Town Council’s strategic objectives is to substantially increase the variance filing fees, staff feels the Fountain Hills fee schedule should be more in line with the fees in Scottsdale, Carefree and Paradise Valley. Therefore, staff is recommending Fountain Hills increase the variance filing fees to $2000.00 per variance application plus the costs of notification for one request. Applications with multiple variance requests will be charged an additional $300.00 per variance request over one. Variances often require extensive research by staff and consultation with the Town Attorney. Staff is proposing that appeals of decisions by the Zoning Administrator are charged at the same rate. Staff time to process these applications is the same as to process a variance. Both variances and appeals require public notification, a detailed staff report and a public hearing. 654026.1 11 Concept Plans Definition A plan indicating the boundaries of a tract or tracts under common ownership identifying the proposed land use, site design, engineering, architectural features, elevations, and building floor plans. Approval of a concept plan is required to obtain a building permit for all commercial or industrial projects and multi-family projects of 5 units or more. Concept Plan Filing Fees in Other Communities Community Concept Plan Fees General Concept Plan Commercial Concept Plan Residential Cave Creek $1000 + $500 per unit $2000 + $1000 per acre Carefree $250-$400 + $25 per acre and an additional $250 for the Development Review Board Scottsdale $1262 Prescott $348 + cost of mailing Flagstaff $250 per submission Paradise Valley N/A N/A N/A Tempe $300 Mesa $1200 Fountain Hills Current Fee Fountain Hills Proposed Fee Concept Plans Concept Plans $0 $500 + $200 for every 5,000 square feet of floor area pr portion thereof Discussion As the Town does not currently charge for concept plan review staff has taken a modest approach to introducing this fee. Staff feels introduction of a fee at this time is appropriate for several reason: 1) at present the Town is absorbing the full cost of reviewing these plans (concept plans account for approximately 20-25%% of the non- administrative planning applications processed a year), 2) Staff is required to do a concept review for all multi-family projects greater than 4 units and for all commercial and industrial projects, and 3) the Town is currently researching design review standards with the intention of adopting those standards as part of the Zoning Ordinance. The most logical place for design review to occur is as a component of concept plan reviews. Thus, the implementation of a fee is appropriate at this time. 654026.1 12 Site Plan Reviews Definition This new fee is specific to site plan review for vehicle dealerships and related uses. The Zoning Ordinance requires all new and used automobile, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including outdoor display areas be allowed subject to site plan approval by the Planning and Zoning Commission and Town Council. Fountain Hills Current Fee Fountain Hills Proposed Fee Site Plan Site Plan $0 $500 + $100 per acre Discussion At present there is no fee for this process therefore the Town is absorbing the full cost of these applications. Staff must review the applications, write staff reports and make presentations to the Planning and Zoning Commission and Town Council for all these businesses within the Town. As most communities do this process as part of their concept or design review, staff is proposing a fee similar to the fee proposed for concept plans. Temporary Use Permits Definition A use established for a fixed period of time with the intent that such use will terminate automatically upon expiration of the fixed time period unless permission to conduct the use is renewed. Fountain Hills Current Fee Fountain Hills Proposed Fee Temporary Use Temporary Use $200 + mailing label costs $200 + notification Time Extension Fee $100 Discussion The only change staff is proposing for temporary use permits is a time extension fee of $100.00. In looking at other communities our current temporary use permit fee is in line with their fees. Staff is proposing a time extension fee. To extend the time of a permit staff has to satisfy notification requirements and reissue the permit. Currently there is no fee for this type of application; therefore the Town is bearing the full cost. 654026.1 13 Zoning Verification Letters Zoning verification letters are letters and supporting documentation provided at the request of an applicant. These letters generally provide information regarding zoning and regulations for property, maps, special or temporary approvals as well as any additional conditions on property. Zoning Verification Letter Fees in Other Communities Community Carefree N/A Scottsdale N/A Prescott N/A Flagstaff $200-$300 Paradise Valley N/A Tempe $250-$300 Mesa $360 Fountain Hills Current Fee Fountain Hills Proposed Fee Zoning Verification Zoning Verification $50 $200 Discussion The processing time to satisfy these requests incur costs in excess of the fee currently being charged. Often planning staff has to research zoning, plat or special use files to answer the request as well as consult with other Town staff. As other communities are charging $200-$360 to process these requests the proposed fee increase to $200 is appropriate. Continuance at Applicant Request Continuance requests by applicants are requests to continue a scheduled hearing or an application after the notification requirement has been complete and the item has been placed on an agenda. Continuance at Applicant Request in Other Communities Community Carefree $150 Scottsdale $320 Prescott N/A Flagstaff $200 Paradise Valley $365 Tempe $300 Mesa $120 654026.1 14 Continuance at Applicant’s Request Continued Fountain Hills Current Fee Fountain Hills Proposed Fee Continuance Continuance $100 + additional public notice cost $250 Discussion Staff is proposing a fee increase to process continuances at the applicant’s request similar to that in other communities. Staff is proposing a flat fee increase to $250.00. Often when an applicant requests a continuance staff still has the responsibility of preparing a report to the appropriate body (Planning and Zoning Commission or Town Council) clarifying the applicant’s request and then the responsibility of fulfilling the notification requirements for the new meeting date. The $250 will be charged for each continuance requested by an applicant. Temporary Trailer Parking Fountain Hills Current Fee Fountain Hills Proposed Fee Temporary Parking Temporary Parking $10 $25 Discussion Temporary trailer parking permits are short term permits administratively issued for a vehicle to be temporarily stored in the driveway or front of a property. These permits are typically requested for moving vehicles and short term visitor recreational vehicles. The processing of these applications requires staff time to administer the permit as well as follow up, to ensure the short term parking term was adhered to. While staff does not want to discourage people from obtaining the permit, the fee should better account for staff time. Notes ^ 3 Or More Reviews Fountain Hills Current Fee Fountain Hills Proposed Fee Number of Reviews Number of Reviews Initial Review Fee Only Up to 3 reviews by Staff. Additional reviews will be subject to a fee equal to 25% of the original fee charged. The current fee schedule does not set a limit on the number of staff reviews. Staff feels setting a review limit of up to 3 reviews would bring our fee schedule in line with the Town Building Department. Setting a limit to the number of reviews also appears to be standard in many communities. This fee will encourage compliance with the Town’s regulations and our review comments on plans. 654026.1 15 Notes Continued * Notification Fountain Hills Current Fee Fountain Hills Proposed Fee Notification Notification $5 per mailing label $5 per mailing label plus $25 per newspaper posting as applicable The current notification fee charges $5.00 per property the Town is required to notify. Staff is proposing to amend this note to include a $25 dollar charge per newspaper posting as applicable. In looking at other communities, in general if there was a charge for notification the charge included of all types of notification. Unchanged Permit Fees Several fees are being recommended to remain unchanged for several reasons. First, because staff feels that the current charge is appropriate in relation to fees in other communities and the staff time to process the applications does not justify an increase. In addition, staff does not want to discourage applicants from submitting for these types of reviews (particular emphasis on planning permits for signs). Sign permits are already code enforcement issues. Staff does not want to increase the time code enforcement needs to spend on unapproved signs. Comprehensive Sign Plans No Change $200 Grand Opening Sign Permit No Change $25 Sign Permit No Change $50 < 32 square feet $100 > 32 square feet Cut/Fill Waivers No Change $300 Discussion Staff will bring forth an Ordinance amendment in the near future that would remove Town Council approval of cut or fill waivers and in turn require the variance process for a waiver. Because of this future amendment and the potential to remove this fee staff is not proposing to make any change to this fee. 654026.1 16 II. Engineering Fees Final Plat Improvement Plan Checking Definition Improvement plans are engineering drawings intended to be used in the construction of public improvements such as street, trail, water, sewer, drainage, drainage facilities, landscape facilities and other appurtenances. Improvement plans are drawn in accordance with the preliminary plat. Comparison of Fountain Hills to Other Communities Fountain Hills Other Communities Current Fee Proposed Fee $250.00 per sheet (includes 2nd & 3rd reviews) except water and sewer plans $350.00 per sheet (includes 2nd & 3rd reviews) except water and sewer plans City of Scottsdale $613 per page; 2nd/3rd review, no charge. $125.00 per sheet (includes 2nd & 3rd reviews) water and sewer plans only. $75.00 per sheet with corrections (4th + reviews) None $175.00 per sheet (includes 2nd & 3rd reviews) water and sewer plans only $200.00 per sheet with corrections (4th + reviews) $75.00 per sheet for addendums (changes made after approval). Town of Carefree 1st review: Paving $500; Water $100; Sewer $30; Grading $500; Drainage $500. 2nd review: no charge 3rd & subsequent reviews: Paving $25 each review; Water $15 each review; Sewer $15 each review; Grading $20 each review, Drainage $25 each review. Town of Paradise Valley 1st and 2nd review $110; each subsequent review $30 Discussion Fees were calculated by multiplying estimated hours needed to perform plan review by staff salary benefits. The fee increase was then compared to that in other communities to ensure it was appropriate. 654026.1 17 Easement or Right-of-Way Abandonment Definition Easements are land (often on private property) used for specific purposes such as utilities and drainage routes. Private property owners can request all utilities give up the use of or abandon an easement. A right-of-way is an area of land dedicated for use as a public way for amenities such as roads, sidewalks, bike lanes, street lighting, curbs, drainage and utilities. Private property owners can request abandonment of a right-of-way. Comparison of Fountain Hills to Other Communities Fountain Hills Other Communities Current Fee Proposed Fee $200.00 + mailing label cost $330.00 + mailing label cost City of Scottsdale $839.45 Town of Carefree $500 Town of Paradise Valley Release of easement $1,135 To vacate a street or alley $2,005 + cost of appraisal Discussion Fees were calculated by multiplying estimated hours needed to perform plan review by staff salary benefits. The fee increase was then compared to that in other communities to ensure it was appropriate. CONCLUSIONS AND RECOMMENDATION: The fiscal impact of this fee increase is expected to be approximately an $18,000-$21,000 revenue increase in the 06/07 budget year. Averaged over the past seven years, this is approximately a 2.6%-3.0% increase per year. As Fountain Hills did not previously charge for some of our applications and services the impact on each fee varies. The Planning & Zoning and Engineering Fee Schedule will be reviewed annually with the Town budget process. Staff is recommending approval of the Planning & Zoning and Engineering Fee Schedule, Resolution 2006-35 as presented. Staff has carefully considered upholding Town Council goals from the Strategic Plan, accounting for staff time in the application review process and maintaining a fair and comparable fee schedule as it relates to surrounding and similar communities. 654026.1 18 RESOLUTION NO. 2006-35 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FEE SCHEDULE FOR PLANNING, BUILDING AND ENGINEERING FEES FOR THE TOWN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted Ordinance No. 06-09 on May 4, 2006 (the “Ordinance”); and WHEREAS, the Ordinance provides that fees for services provided by the Planning Division, the Building Division and the Engineering Division (the “Fee Schedule”) may be established by Town Council resolution; and WHEREAS, the Town Council desires to update the Fee Schedule for services provided by the Planning and Engineering Divisions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fee Schedule is hereby approved in the form as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and 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, June 15, 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 654026.1 19 EXHIBIT A TO RESOLUTION NO. 2006-35 [Planning & Zoning and Engineering Divisions Fee Schedule] See following pages. 654026.1 20 PLANNING & ZONING AND ENGINEERING DEPARTMENTS FEE SCHEDULE ALL APPLICATION FEES ARE NON-REFUNDABLE PERMIT FEE Area Specific Plans (and Amendments): $ 3000.00 plus $ 100.00 per acre ^ General Plan Amendments: Minor $ 3000.00 plus $ 100.00 per acre ^ Major $ 5000.00 plus $ 100.00 per acre ^ Preliminary Plats: $ 2000.00 plus $50.00 per lot, unit or tract ^ Time Extension fee $ 100.00 Final Plats: $ 1500.00 plus $ 50.00 per lot, unit or tract ^ Replats (lot joins, lot splits, lot line adjustments): $ 500.00 up to three lots, there after Final Plat fees ^ Plat Abandonments: $ 500.00 ^ Condominium Plats: $ 1500.00 plus $50.00 per unit ^ Cut & Fill Waiver: $ 300.00 Final Plat Improvement Plan Checking: $ 350.00 per sheet (includes 2nd and 3rd reviews) except water and sewer plans $ 175.00 per sheet (includes 2nd and 3rd reviews) water and sewer plans only $ 200.00 per sheet with corrections (4th + reviews) $ 75.00 per sheet for addendums (changes made after approval). Subdivision Recording: $ 30.00 per page for plat filed for record, + $ 3.00 per page for each additional copy, and; $ 7.00 for each instrument, + $ 1.00 for each additional page over 5 pages. Rezones (Map): $ 2000.00 plus $100 per acre plus notification *^ Ordinances (Text Amendments): $ 2000.00 plus notification * Planned Unit Developments: $ 2000.00 plus $100 per acre plus notification * Development Agreements: $ 2500.00 plus $100 per acre Special Use Permits: (and Amendments) $ 1000.00 plus notification *^ Temporary Use Permits: $ 200.00 plus notification * Time Extension fee $ 100.00 Comprehensive Sign Plans: (and Amendments) $ 200.00 Grand Opening Sign Permit: $ 25.00 Sign Permit: $ 50.00 per sign, < 32 sq. ft. (Excludes Building Permit) $ 100.00 per sign, > 32 sq. ft. Variances: $ 2000.00 plus $300.00 for each additional variance plus notification *^ Appeal of a Decision by the Zoning Administrator: $ 2000.00 plus notification *^ Easement or Right-of-Way Abandonment: $ 330.00 plus notification * Zoning Verification Letter: $ 200.00 Continuance at Applicant Request: $ 250.00 Concept Plans or Design Review: $ 500.00 plus $ 200.00 for every 5,000 square feet or portion there of ^ Time Extension fee $ 100.00 Site Plan Review: $ 500.00 plus $ 100 per acre Temporary Trailer Parking: $ 25.00 NOTES: * Plus a notification charge of $ 5.00 per mailing label and $ 25.00 per newspaper posting as appropriate ^ All fees include up to 3 reviews by Staff. Any additional reviews will be subject to a additional fee equal to 25% of the original fee charged. 2 The subdivision recording fees are per the Maricopa County Recorder's fee schedule and are therefore subject to change. (98-28, Amended, 09/03/1998, New rates effective 1/1/99) 3 RESOLUTION NO. 2006-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A PUBLIC UTILITY AND POWER EASEMENT TO CHAPARRAL CITY WATER COMPANY AND SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That a non-exclusive public utility and power easement is hereby granted to Chaparral City Water Company and to Salt River Project Agricultural Improvement and Power District through, over, under and across the real property as described and depicted in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 648799.1 EXHIBIT A TO RESOLUTION NO. 2006-40 [Legal description of Utility Easement] See following pages. 648799.1 WATER TANK ACCESS AND PUBLIC UTILITY EASEMENT; AND POWER EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT All that portion of Section 6, Township 3 North, Range 6 East, Gila and Salt River Base and Meridian, Maricopa County, described as follows: Commencing at the north quarter corner of said Section 6; Thence South 89°53’17” West along the north line of said Section 6, also being the north line of Parcel 6 as shown on the Final Plat of Eagles Nest recorded in Book 580 of Maps at Page 25, Maricopa County Records, a distance of 1325.65 feet; Thence along the westerly line of said Parcel 6 the following three (3) courses: 1) South 33°11’35” East, 457.90 feet; 2) South 40°01’13” West, 386.14 feet; 3) South 43°31’37” East, 38.61 feet to the true POINT OF BEGINNING; Thence continuing South 43°31’37” East along said westerly line, a distance of 73.74 feet; Thence southerly along a non-tangent curve, the center of which bears South 66°38’45” East 123.00 feet, through a central angle of 5°43’34” an arc distance of 12.29 feet; Thence South 17°37’40” West, a distance of 113.09 feet; Thence along a curve, concave to the northwest and having a radius of 237.00 feet, through a central angle of 20°28’11” an arc distance of 84.67 feet; Thence South 38°05’51” West, a distance of 144.61 feet; Thence along a curve, concave to the northwest and having a radius of 237.00 feet, through a central angle of 22°43’41” an arc distance of 94.01 feet; Thence along a reverse curve, concave to the southeast and having a radius of 473.00 feet, through a central angle of 10°49’49” an arc distance of 89.41 feet; Thence along a reverse curve, concave to the northwest and having a radius of 327.00 feet, through a central angle of 45°41’51” an arc distance of 260.81 feet; Thence along a reverse curve, concave to the south and having a radius of 473.00 feet, through a central angle of 10°52’21” an arc distance of 89.76 feet; Thence along a reverse curve, concave to the north and having a radius of 67.00 feet, through a central angle of 23°52’02” an arc distance of 27.91 feet; Thence South 21°05’13” West, a distance of 8.69 feet; Thence northwesterly along a non-tangent curve, the center of which bears North 21°05’13” East 280.00 feet, through a central angle of 40°18’52” an arc distance of 197.01 feet; Thence North 61°24’05” East radial to last said curve, a distance of 150.00 feet; Thence southeasterly along a non-tangent curve, the center of which bears North 61°24’05” East 130.00 feet, through a central angle of 40°18’52” an arc distance of 91.47 feet; Thence South 21°05’13” West radial to last said curve, a distance of 69.66 feet; Thence easterly along a non-tangent curve, the center of which bears South 04°41’40” East 543.00 feet, through a central angle of 10°23’14” an arc distance of 98.44 feet; Thence along a reverse curve, concave to the northwest and having a radius of 257.00 feet, through a central angle of 45°41’51” an arc distance of 204.98 feet; Thence along a reverse curve, concave to the southeast and having a radius of 543.00 feet, through a central angle of 10°49’49” an arc distance of 102.64 feet; Thence along a reverse curve, concave to the northwest and having a radius of 167.00 feet, through a central angle of 22°43’41” an arc distance of 66.25 feet; Thence North 38°05’51” East, a distance of 72.31 feet; Thence North 51°54’09” West, a distance of 15.00 feet; Thence North 38°05’51” East, a distance of 72.31 feet; Thence along a curve, concave to the northwest and having a radius of 152.00 feet, through a central angle of 20°28’11” an arc distance of 54.30 feet; Thence South 72°22’20” East, a distance of 15.00 feet; Thence North 17°37’40” East, a distance of 113.09 feet; Thence along a curve, concave to the southeast and having a radius of 193.00 feet, through a central angle of 14°21’14” an arc distance of 48.35 feet to the point of beginning. Containing 1.951 Acres, more or less. Document in 6-15-06 agenda packet.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 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 approving the Cooperative Purchasing Agreement with the City of Tucson and Participation Agreement with Chase Bank in order to implement a procurement card program to streamline purchases. Staff Recommendation: Approve Fiscal Impact: Yes $1,200 Purpose of Item and Background Information: In January, 2006 the Town of Fountain Hills awarded a bid for banking services to JP Morgan Chase Bank. A component of the Request For Proposal (RFP) for banking services included a proposal for purchasing, or procurement, card (p- card) services utilizing the City of Tucson’s competitively awarded bid. Staff would like to implement a p-card program on a trial basis for one year with limited staff members and authorization amounts. The success of the program would be measured through increased operational efficiency, fewer requisitions, fewer vendor checks issued and compliance with purchasing policies. Employees receiving the p-card will be required to sign the Town of Fountain Hills Purchasing Card (P-Card) Cardholder Agreement (copy attached). List All Attachments as Follows: Interoffice Memorandum, Cooperative Purchasing Agreement, Cardholder Agreement. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 6-15-06 agenda packet.obd TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: June 9, 2006 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA, CPA RE: Cooperative Purchasing Agreement with City of Tucson In January, 2006 the Town of Fountain Hills awarded a bid for banking services to JP Morgan Chase Bank; in March the Town’s depository accounts were transferred from Bank of America to Chase Bank. A component of the Request For Proposal (RFP) for banking services included a proposal for purchasing, or procurement, card (p-card) services utilizing the City of Tucson’s competitively awarded bid. P-cards are similar to credit cards and are designed to increase operational efficiency, accountability and provide greater control of day-to-day expenditures. The Town currently processes each purchase with a requisition for service that is submitted to the department director and forwarded to accounting. Over a 12-month period the number of requisitions submitted is approximately 4,460 - 63% of those are for purchases under $500. The number of checks written each month is approximately 2,951 at a cost of approximately $12 per check (total $17,700). The goal of the p-card program is to reduce the number of requisitions and streamline the purchasing process for those employees who are working out in the field and need to make minor purchases. For low-value transactions, the cost to process the paper work and generate a payment is typically higher than the actual value of the item purchased. The p-card program gives the employee the opportunity to conveniently present a purchasing card at the point-of- sale, pay the merchant and post activity to the Town’s general ledger without ever touching the transaction. The program will have cardholder level restrictions limiting the purchase amount, number of purchases and monthly maximum. Merchant category codes have been established that restrict purchases (for example, employees would not be able to use the card for cash, alcohol, personal items, etc.). Staff would like to implement the program on a trial basis for one year with limited staff members and authorization amounts. The success of the program would be measured through increased operational efficiency, fewer requisitions, fewer vendor checks issued and compliance with purchasing policies. Employees receiving the p-card will be required to sign the Town of Fountain Hills Purchasing Card (P-Card) Cardholder Agreement (copy attached). The annual fee based on the City of Tucson’s bid is $1,200. Please feel free to see me if you have any questions. Document in 6-15-06 agenda packet.obd TOWN OF FOUNAIN HILLS PURCHASING CARD (P-CARD) CARDHOLDER AGREEMENT I, , understand and agree that: (Print Employee’s Name Above) 1. The P-Card is available only to employees authorized by Town management to be assigned cards. 2. I am being delegated the authority to purchase on behalf of the Town of Fountain Hills using the P-Card. The card is to be used solely for the authorized purchases incurred for a valid public purpose while conducting Town business. 3. This card will be used for approved purchases only. All purchases must be made in accordance with applicable laws and regulations, including but not limited to the Town of Fountain Hills Purchasing Procedures and P-Card Policy. 4. My failure to follow established procedures may result in disciplinary action against me, including suspension, termination of employment, and/or criminal prosecution. 5. Except for hotel lodging related to a conference, hotel facilities used to host an authorized meeting, or other miscellaneous travel related expenses required while attending a conference travel, the P-Card may not be used for travel related expenses. 6. ATM cash advances and the purchase of traveler’s checks and/or other negotiable instruments are prohibited. 7. I will not charge any personal purchases to this card for either others or myself. 8. P-Card privileges may be canceled or revoked at any time, without prior notice, for any reason by Town management. 9. I will not use the P-Card to purchase or pay for professional services. 10. I will return the card immediately upon suspension and/or termination and/or other separation from Town service (including retirement). I will return the card immediately upon request of my supervisor or Town management and that disciplinary action may apply for failure to do so. 11. I am responsible for complying with P-Card policies, procedures and practices established by the Town. 12. If the card is lost, stolen or misplaced, I will immediately notify the Finance Director. A $5.00 fee will be assessed to the employee for replacement of the P-Card. I have received, read and do understand and agree to comply with the Town P-Card policy, procedures and practices and have received P-Card training. I hereby authorize the Town to deduct from my payroll check (and from any other payments due me) an amount equal to the greater of my P-Card limit or the amount of any unauthorized purchases made on the P-Card issued to me and/or to withhold the amount of my P-Card limit if I fail to return the P-Card upon separation from Town employment. Employee’s Signature Date Department/Division Employee’s Phone This employee is authorized by the undersigned to obtain a Town of Fountain Hills Purchasing Card and to incur expenses against the Department/Division’s budget. Division Head’s Signature Date Division Head’s Name Title Department Director’s Signature Date Department Director’s Name Title RESOLUTION NO. 2006-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN AGREEMENT WITH THE CITY OF TUCSON RELATING TO A COOPERATIVE PURCHASING PROGRAM. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Agreement between the Town of Fountain Hills and the City of Tucson relating to a cooperative purchasing program (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 EXHIBIT A TO RESOLUTION NO. 2006-43 [Cooperative Purchasing Agreement] See following pages. 9196.001\. . \05-07 Property Tax.ord.doc 6.29.2005-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 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 06-16, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, to provide funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30th of June, 2007. Staff Recommendation: Approve Fiscal Impact: Yes $1,370,000 Purpose of Item and Background Information: The citizens of Fountain Hills have approved the sale of bonds over the past several years for street improvements, open space, and the library/museum. The annual bond payments are made through an ad valorem property tax on all property in Fountain Hills. The combined levy for FY2006-07 is $1,370,000, then reduced by surplus collections, SRP in lieu taxes for a tax rate of approximately $0.30 per hundred of assessed valuation. List All Attachments as Follows: Interoffice Memorandum, Ordinance 06-16 Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee 9196.001\. . \05-07 Property Tax.ord.doc 6.29.2005-1 TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: July 7, 2005 THROUGH: Mr. Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA, CPA, CGFM RE: Ordinance 06-13 – Authorization of Town of Fountain Hills Tax Levy for FY06-07 Since 1991 the citizens of Fountain Hills have approved the sale of bonds for street improvements, open space, and the library/museum. The annual bond payments are made through an ad valorem property tax on all property in Fountain Hills. The combined levy for FY2006-07 is $1,370,000 broken down as follows: A surplus of approximately $192,700, a delinquency factor and credit from Salt River Project (SRP) in lieu taxes will reduce the levy to $1,197,000. The estimated tax rate per $100 of assessed valuation is $0.30, or $30.00 annually for a house with an assessed value of $100,000 (compared to $35.00 last year). The chart to the right shows a history of the Town of Fountain Hills secondary property tax levy from FY1997 through FY2007. The projects funded by the property tax are open space, library/museum, road paving and mountains. I would be happy to answer any questions that the Council may have. Issue Principal Interest Street Improvements refunded $0 Lakeside Open Space refunded $0 Library/Museum refunded $0 Mtn Bonds Open Space refunded $0 Refunded Portion of Bonds $390,000 $981,400 TOTAL $390,000 $981,400 DEBT SERVICE REQUIRED BY TAX LEVY TOWN OF FOUNTAIN HILLS PROPERTY TAX RATE HISTORY $0.1000 $0.2000 $0.3000 $0.4000 $0.5000 $0.6000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Years 654594.1 ORDINANCE NO. 06-16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2007. WHEREAS, by the provisions of State law, an ordinance is required to set the property tax levy for fiscal year 2006-2007; and WHEREAS, the County of Maricopa is assessing and collecting authority for the Town of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of the County of Maricopa, Arizona. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. There is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, except such property as may be by law exempt from taxation, a secondary property tax rate sufficient to raise the sum of $1,197,000 for the purpose of providing a bond interest and redemption fund for General Obligation Bond debt service for the fiscal year ending June 30, 2007. SECTION 2. That failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgment of sale by which the collection of the same may be enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 654594.1 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 06/15/2006 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Plan of Development 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 PLAN OF DEVELOPMENT for "Integrity Motors" an internet sales based car business located at 12032 N. Colony Drive aka Lot 6, Block 2, Final Plat 206. Case Number PD2006-01. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This item is to approve the parking plan or the plan of development for Integrity Motors. Integrity Motors will be an internet sales based car business located on Colony Drive, which is in a C-3 zoning district. The State requires a minimum of 2 designated parking spaces for car sales and that is what the applicant is requesting. Staff has calculated the parking demand on the site and there is sufficient parking for this business as well as the other businesses. List All Attachments as Follows: Memorandum, Application, Site Photograph, Site Plan Reduction, Applicant Narrative, Planning and Zoning Commission Meeting Minutes from May 25, 2006. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Integrity Motors PD2006-01 TOWN OF FOUNTAIN HILLS MAYOR AND TOWN COUNCIL STAFF REPORT TO: The Honorable Mayor and Town Council MTG DT: June 15, 2006 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: PD2006-01; “Integrity Motors.” LOCATION: 12032 N. Colony Drive, Suite #203, aka Plat 205, Block 2, Lot 6. REQUEST: For approval of the parking plan of development. DESCRIPTION: APPLICANT: Charles D. Folch for Integrity Motors, LLC OWNER: 239 West 105th St. Corp., A New York Corporation EXISTING ZONING: “C-3” EXISTING CONDITION: Vacant Suite SURROUNDING LAND USES AND ZONING: NORTH: Commercial Building; zoned “C-3” SOUTH: Commercial Building and Storage Yard; zoned “C-3” EAST: Fountain Hills Mini Storage; zoned “C-3” WEST: New Commercial Building under construction; zoned “C-3” SUMMARY: This request is for plan of development approval for Integrity Motors, an online car business. Integrity Motors is to be located in the building located at 12032 Colony Drive. The State of Arizona requires that at least two parking spaces be designated for the proposed business. As the nature of this business is on-line car sales, the applicant is only asking for the 2 State required designated parking spaces. EVALUATION: Integrity Motors shall be located in a two story building located on Colony Drive. The office portion of the building is approximately 2,770 square feet not including the covered patio. This portion of the building houses nine suites. The suite Integrity Motors will occupy is approximately 247 square feet. The complex has 12 on site parking spaces with access both off of Colony and the alley to the west. The overall building including all the indoor storage space has a foot print of approximately 10,215 square feet. Chapter #12, Article 12.02.D.7 of the Town Zoning Ordinance states that new and used automobile vehicle sales and rental including outside display area, are allowed in a C-3 Zoning District. The two conditions for this use to be permitted are 1) that all sales and repair activities Page 2 of 13 Integrity Motors PD2006-01 are conducted within a building, and 2) the site is subject to site plan approval by the Planning and Zoning Commission and Town Council. The applicant is requesting that two of the 12 available parking spaces be designated for their use. These two parking spaces will be for potential vehicle staging and employee parking. The applicant has also secured off site storage space for vehicles in transit to and from customers. In the attached narrative from the applicant, he states that 4 storage spaces have been leased for this purpose. Below is a chart depicting the parking calculation for the subject site: PARKING CALCULATION for 12032 N. Colony Drive Unit Number Tenant/Use Suite Area Required Ratio Parking Required # 101 Elemental Interior Design 247 square feet Office @ 1 per 250 square feet 1 # 102 B. Ann Builders LLC 247 square feet Office @ 1 per 250 square feet 1 # 103 Sam the Big Man Pest Control 247 square feet Office @ 1 per 250 square feet 1 # 104 Oasis Imports, LLC 247 square feet 1 per 300 sq office and 1 per employee 2 # 201 Office 247 square feet Office @ 1 per 250 square feet 1 # 202 Vacant 247 square feet Office @ 1 per 250 square feet 1 # 203 Proposed Integrity Motors 247 square feet 1 per 300 sq office and I per employee 3 # 204 AZ Holistic 247 square feet Office @ 1 per 250 square feet 1 # 205 Artist Colony 247 square feet Office @ 1 per 250 square feet 1 TOTAL PARKING REQUIRED 12 The applicant is not intending any on site repair. On site sales will be minimal and generally by appointment therefore the 247 square feet of the suite is intended for office use as the sales are predominantly conducted over the Internet. Page 3 of 13 Integrity Motors PD2006-01 RECOMMENDATION: The Planning and Zoning Commission recommended approval of PD2006-01 with the stipulation by Staff. Staff recommends approval of the Plan of Development PD2006-01 for “Integrity Motors” with the following stipulation: 1. The applicant will not store cars in the parking lot of 12032 N. Colony Drive except in the two designated parking spaces. 2. The applicant will pay sales tax to the Town of Fountain Hills on all vehicle sales. Page 4 of 13 Integrity Motors PD2006-01 CASE MAP D R I V E DRIVEENTERPRISE DRIVE ENTERPRISE A L L E Y ALLEY C O L O N Y D RIVE DRIVE Site Page 5 of 13 Integrity Motors PD2006-01 TOWN OF FOUNTAIN HILLS MINUTES OF REGULAR MEETING OF THE PLANNING & ZONING COMMISSION May 25, 2006 Chairman Brown recessed the Work Study Session at 6:23 p.m. and opened the regular meeting of the Planning and Zoning Commission at 6:30 p.m., followed by the Pledge of Allegiance and a moment of silence. Present for roll call were the following members of the Fountain Hills Planning and Zoning Commission: Chairman Dennis Brown, Vice-Chairman Jerry Caldwell, Commissioner Michael Downes, Commissioner Avril Forest, and Commissioner John Ewald. Senior Planner Robert Rodgers, Planner Kate Zanon, Planning Assistant and Recorder of the Minutes, Janice Baxter were also present. Michael Kasabuski was excused from the meeting because of a recent injury. Paul McDonald had a previously scheduled obligation and was unable to attend. AGENDA ITEM #4 – CONSIDERATION OF APPROVING A PLAN OF DEVELOPMENT FOR “INTEGRITY MOTORS”, AN INTERNET SALES BASED CAR BUSINESS LOCATED AT 12032 N. COLONY DRIVE, AKA, FINAL PLAT 206, BLOCK 2, LOT 6. CASE NUMBER PD2006-01. Kate Zanon, Planner, gave the presentation and included a PowerPoint Presentation. Staff recommended approval of the Plan of Development PD2006-01, for “Integrity Motors” with the following stipulation: 1. Applicant will not store cars in the parking lot of 12032 N. Colony Drive except in the two designated parking spaces. Vice-chairman Caldwell ask staff if designated parking spaces needed to be posted. Ms. Zanon stated that the state had required the two parking spaces and the town was responsible only to enforce this requirement on their site plan. Ms. Zanon continued that the state would only give the business a license if this requirement had been met. Charles Folch, 17104 E. Parlin Drive, Fountain Hills, applicant and representative for Integrity Motors, LLC answered that the leaseholder did approve the designation of two parking spaces and also approved the total of three as requested by the town’s calculations. Commissioner Forest MOVED to recommend to Town Council the approval of the site plan for Integrity Motors, case number PD2006-01, including the one stipulation as recommended by staff. Commissioner Forest stated that because this request met all the towns and states requirements she recommended approval. Commissioner Downes SECONDED the MOTION. A voice vote was taken with the following results: Page 6 of 13 Integrity Motors PD2006-01 Commissioner Forest aye Commissioner Downes aye Commissioner Ewald aye Chairman Brown aye Vice-Chairman Caldwell aye The motion CARRIED UNANIMOUSLY (5-0) Page 7 of 13 Integrity Motors PD2006-01 Page 8 of 13 Integrity Motors PD2006-01 Page 9 of 13 Integrity Motors PD2006-01 Page 10 of 13 Integrity Motors PD2006-01 Page 11 of 13 Integrity Motors PD2006-01 Page 12 of 13 Integrity Motors PD2006-01 Page 13 of 13 648139.1 ORDINANCE NO. 06-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 7, PARKING AND LOADING REQUIREMENTS, SUBSECTION 7.02.F, INGRESS, EGRESS, INTERNAL TRAFFIC CIRCULATION, TO SPECIFY TO SPECIFY SETBACK DISTANCES, AND AMENDING CHAPTER 7, PARKING AND LOADING REQUIREMENTS, SUBSECTION 7.04.L, PARKING LOT LANDSCAPING, RELATING TO LANDSCAPING VISIBILITY. WHEREAS, the Town of Fountain Hills (the “Town”) adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and WHEREAS, the Town desires to amend the Zoning Ordinance to revise Chapter 7, Parking and Loading Requirements; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the October 12, 2005 edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on October 13 and November 3, and by the Mayor and Council of the Town of Fountain Hills on June 15, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Zoning Ordinance, Chapter 7, Parking and Loading Requirements, subsection 7.02.F, Ingress, Egress, Internal Traffic Circulation, is hereby amended to read as follows: F. Ingress, Egress, Internal Traffic Circulation. Off-street parking and loading facilities, and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. NO BUILDING WALL, EXCEPT GARAGE DOORS, MAY BE CLOSER THAN TEN (10’) FEET TO ANY INTERNAL DRIVE AISLE OF ANY PARKING LOT. 2. NO GARAGE DOORS MAY BE CLOSER THAN SIX (6’) FEET TO ANY INTERNAL DRIVE AISLE OF ANY PARKING LOT. 648139.1 2 . . . SECTION 2. That the Zoning Ordinance, Chapter 7, Parking and Loading Requirements, subsection 7.04.L, Parking Lot Landscaping, is hereby amended to read as follows: L. Parking Lot Landscaping. . . . 2. Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. A. LANDSCAPING MATERIALS SUCH AS WALLS, SHRUBS, AND ROCKS SHALL NOT BE TALLER THAN TWO (2’) FEET ABOVE THE TOP OF THE PAVED PARKING LOT SURFACE. B. LANDSCAPING MATERIALS SUCH AS TREES SHALL BE TRIMMED SO THAT NO PART OF THEIR CANOPIES ARE LESS THAN SEVEN (7’) FEET ABOVE THE TOP OF THE PAVED PARKING LOT SURFACE. 648139.1 3 C. ANY PARKING LOT SIGNAGE SHALL MEET THE REQUIREMENTS OF THIS SECTION. D. A FIVE (5’) FOOT TALL CLEAR VISIBILITY ZONE MUST BE MAINTAINED BETWEEN 2’ AND 7’ ABOVE THE TOP OF THE PAVED PARKING LOT SURFACE AT ALL TIMES AS SHOWN IN FIGURE 2 BELOW. . . . SECTION 3. That if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] Figure 2 Required Clear Visibility Zones 648139.1 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 654259.1 ORDINANCE NO. 06-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY ADDING A NEW SECTION 11-1-16, RELATING TO CRIMINAL TRESPASS. 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 11, Offenses, is hereby amended by adding a new Section 11-1-16, Criminal Trespass, to read as follows: A. Definitions. As used in this Section, unless the context clearly requires otherwise: 1. “Entering or remaining unlawfully” means an act of a person who enters or remains on premises when such person’s purpose for so entering or remaining is not licensed, authorized or otherwise privileged. 2. “Entry” means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property. 3. “Fenced commercial yard” means a unit of real property surrounded completely by either fences, walls, buildings, or similar barriers or any combination thereof, and used primarily for business operations or where livestock, produce or other commercial items are located. 4. “Fenced residential yard” means a unit of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, building or similar barrier, or any combination thereof. 5. “Nonresidential structure” means any structure other than a residential structure. 6. “Residential structure” means any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not. 7. “Structure” means any building, object, vehicle, railroad car or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage. B. A person commits criminal trespass by knowingly: 1. Entering or remaining unlawfully in or on a residential structure or a fenced residential yard. 2. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's 654259.1 2 right of privacy. 3. Entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. 4. Entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. C. Criminal trespass is a class 1 misdemeanor. D. In the event the defendant charged is a juvenile, the parents or other adult persons with whom the juvenile resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein. E. The Town Manager is authorized to (1) offer a reward for the apprehension of parties who might be guilty of violation of this section and (2) solicit reward funds and other cooperation from the citizens and businesses within Fountain Hills. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 15, 2006 Submitting Department: Sheriff's Office Contact Person: Lt. John M. D'Amico #754 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 ORDINANCE 06-18, amending the Fountain Hills Town Code, Chapter 8, Business Regulations, by adding a new Article 8-4, relating to the sale of products containing Ephedrine or Pseudoephedrine; imposing requirements for the display of such products; requiring identification from purchasers; requiring a log of all sales of such products to be maintained and made available to law enforcement; providing for penalties; providing for severability; and providing for and effective date. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Ephedrine and Pseudoephedrine are necessary ingredients in making methamphetamine. These drugs are found in common cold medicines sold over the counter at pharmacies. Many cities and towns are passing ordinances requiring such medication to be locked up and requiring citizens to show identification when purchasing medication. The pharmacist or store is required to keep a written log of all transactions. This has been proven deterrent for criminals in purchasing the over the counter medications to make methamphetamine. List All Attachments as Follows: Memorandum, Copy of proposed ordinance. Type(s) of Presentation: Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee MARICOPA COUNTY SHERIFF’S OFFICE Memorandum 5000-135 R10-93 (MW97 v1.0 5/27/98) To: Honorable Mayor Nichols Town Council Members Town Manager Tim Pickering From: John M. D'Amico Lieutenant District 7 Joseph M. Arpaio, Sheriff Subject: Pseudoehpedrine Ordinance Date: June 7, 2006 INTRODUCTION: The manufacturing of methamphetamine is a serious problem not only within the State of Arizona but also within the United States. Methamphetamine is an illegal drug that is created in “Meth Labs” across the state everyday. A key ingredient in making methamphetamine is ephedrine and pseudoephedrine, which can be found in common cold medications. These medications are commonly sold over the counter at various pharmacies and drug stores in communities including Fountain Hills. DISCUSSION: Many communities not only in the valley but across the country are passing laws dealing with medications that contain ephedrine and/or pseudoephedrine. Specifically, they are requiring that these medications be secured within the store. Anyone wanting to purchase the mediations must be helped by a pharmacist or store employee. The person wanting to purchase the medication must show an identification card to the employee who will record the information in a log that must be maintained and made available to law enforcement. The employee will then obtain the medications for the customer. This is a nation wide movement to get all communities to adopt this ordinance. There are numerous valley cities who have already adopted this ordinance including Scottsdale and Phoenix. RECOMMENDATION: It is recommended that the Town of Fountain Hills adopt this ordinance to help fight the methamphetamine problem in this state. 647579.1 ORDINANCE NO. 06-18 AN ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS, BY ADDING A NEW ARTICLE 8-4, RELATING TO THE SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE; IMPOSING REQUIREMENTS FOR THE DISPLAY OF SUCH PRODUCTS; REQUIRING IDENTIFICATION FROM PURCHASERS; REQUIRING A LOG OF ALL SALES OF SUCH PRODUCTS TO BE MAINTAINED AND MADE AVAILABLE TO LAW ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the illicit manufacture of methamphetamine (meth labs) is a serious problem in the Town of Fountain Hills and the State of Arizona; and WHEREAS, fires, explosions, and hazardous materials contamination are common occurrences associated with meth labs because of the flammable and toxic nature of the chemicals used in methamphetamine production; and WHEREAS, meth labs are found in houses, apartments, hotel and motel rooms, trailers, in both residential and commercial areas, exposing law enforcement personnel, other first responders, children of persons operating meth labs, and other persons in physical proximity of meth labs to extremely dangerous conditions; and WHEREAS, ephedrine, pseudoephedrine, norpseudoephedrine and/ or phenyl- propanolamine are key ingredients in methamphetamine production, and are found in several over-the-counter cold and allergy medications; and WHEREAS, by purchase or theft, these over-the-counter cold and allergy products are a prime source in the production of methamphetamine; and WHEREAS, the unrestricted access to products containing ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine is a nuisance that endangers the public, health safety and welfare; and WHEREAS, other jurisdictions have found that the restricted use of open access to these products and requiring identification of buyers has substantially reduced the number of meth labs in those jurisdictions; and WHEREAS, the Town Council finds that it is in the best interest of the Town to amend Chapter 8, Business Regulations, of the Fountain Hills Town Code by adding a new Article 8-4 to regulate the sale of products containing ephedrine or pseudoephedrine. 647579.1 2 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 8, Business Regulations, is hereby amended by adding a new Article 8-4, Sale of Products Containing Ephedrine or Pseudoephedrine, to provide as follows: Article 8-4 SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE Sections: 8-4-1 Definitions. 8-4-2 Restricted Access to Products Containing Ephedrine or Pseudoephedrine. 8-4-3 Identification of Purchasers; Recordkeeping. 8-4-4 Violation; Penalty. 8-4-1 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: “Ephedrine or Pseudoephedrine” means any product containing ephedrine or pseudoephedrine including any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine or their salts, optical isomers or salts of optical isomers. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that it is a product containing ephedrine or pseudoephedrine. “Retailer” means any corporation, company, partnership, firm, association or other commercial entity, including a natural person, and its employees, agents or members that have responsibility for the operations of a retail establishment. 8-4-2 Restricted Access to Products Containing Ephedrine or Pseudoephedrine. Retailers selling products containing ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine shall secure such products behind a counter or otherwise in a manner by which customers do not have direct access to such products without the assistance of the retailer. Such products shall be monitored by the retailer to prevent theft, or unauthorized or uncontrolled purchases. 8-4-3 Identification of Purchasers; Recordkeeping. (a) Retailers making a sale of a product containing ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine shall (1) require a government issued photo identification from the purchaser, (2) record in a Purchaser Log, the purchaser’s name, the document type and document number of the photo identification submitted by the purchaser, the 647579.1 3 date of transaction and quantity of ephedrine, pseudoephedrine, norpseudoephedrine and/or phenylpropanolamine product purchased and (3) require that the purchaser sign the Purchaser Log with a signature consistent with the indentification provided. The retailer shall take all steps reasonably necessary to ensure that the purchaser is unable to view the information provided by any other pruchaser, either by keeping a separate log for signatures or by otherwise entirely osbscuring the area of the Purchaser Log containing the identification information of other purchasers. (b) The Purchaser Log shall be kept confidential and secure from unauthorized public access and shall be made available, upon written request, only to law enforcement personnel (local, state, or federal) and others authorized by law or court order to receive such information. The Purchaser Log shall be maintained for a period of one year unless otherwise directed by law enforcement personnel, applicable law or court order. 8-4-4 Violation; Penalty. Any person found guilty of violating any provisions of this article shall be guilty of a civil violation and shall be subject to a base civil penalty of not more than two thousand five hundred dollars ($2,500). Each day that a violation continues shall be a separate offense subject to the civil penalty as hereinabove described. The court shall not suspend any portion of the civil penalty provided by this section. SECTION 2. 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. SECTION 3. The provisions of this Ordinance shall take effect ninety (90) days after the date of passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/15/06 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: Report 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: Quarterly UPDATE by Town Manager on progress of implementing the Council’s goals. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: List All Attachments as Follows: Written report. Type(s) of Presentation: Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager REPORT TO FOUNTAIN HILLS TOWN COUNCIL 4th QUARTER PROGRESS TOWARD JANUARY 2005 COUNCIL GOALS Presented by Timothy G. Pickering, Town Manager May 15, 2006 Goals Report Page 2 May 15, 2006 OVERVIEW During a goal-setting retreat in January 2005, the Town Council identified primary goals for the FY2005-06 budget. A second retreat was held with management staff to develop specific implementation plans and identify resources necessary to carry out the goals established by the Council. The following graph depicts progress the staff has made toward achieving all goals. 0 102030405060708090100 BUSINESS RELATIONS / RETENTION INTERGOVERNMENTAL RELATIONS PROGRAM EXPLORE ADDITIONAL PARKS / AMENITIES STRATEGIC PLAN PUBLIC INFORMATION / GRANT WRITING STATE TRUST LAND PROGRESS TO GOALS 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Percent Complete The Town Manager and management team are readily available to answer questions regarding this report. Goals Report Page 3 May 15, 2006 STATE TRUST LAND GOAL: In an active and timely manner, participate in the planning and annexation of the State Trust Land. In the fourth quarter of this fiscal year, the Town’s State Trust Land team completed its work on the major components of this goal. The State Trust Land has been annexed and is now part of the Town of Fountain Hills. The Town’s General Plan has been amended to include the State Trust Land and zoning has been approved. A pre- annexation development agreement has also been adopted. These approvals will provide valuable guidance for future, more detailed planning in the future and development of this property. Early in the fourth quarter, the Town Planning and Zoning Commission held public hearings on both the General Plan Amendment (GPA2006-01) and the proposed rezoning of the State Trust Land (Z2006-02). These hearings were properly noticed and posted and took place on April 13, 2006. Immediately following these hearings, the Commission voted to forward both applications to the Town Council for consideration with unanimous recommendations for approval. One week later, on April 20, 2006, the Town Council held a public hearing on the issue of annexing this land. Three members of the public spoke at the public hearing. Staff also worked on obtaining the necessary signatures on petitions in support of the annexation in April and in the first few days in May. Following the filing of the blank annexation petition with Maricopa County at the end of March, staff researched and contacted all of the owners of personal property who were eligible to sign an annexation petition. Final action on the annexation by the Town Council took place on May 4, 2006. Due to the required 30-day waiting period after the filing of the blank petition, we could only obtain signatures dated the first three days of May, immediately prior to the Town Council meeting. We were successful in securing the required signatures in time for the May 4th meeting. May 4, 2006 was an important day for the Town. At the regular Town Council meeting held on this day, public hearings were held on the General Plan Amendment and the proposed rezoning of the State Trust Land. Following these public hearings, the Council unanimously approved the General Plan Amendment and rezoning. Also on May 4th, the Council approved the annexation of the State Trust Land and the pre- Goals Report Page 4 May 15, 2006 annexation development agreement with the State of Arizona. The annexation became effective on June 6, 2006. The State of Arizona has tentatively set the date of the auction of the State Trust Land for September 28, 2006. Goals Report Page 5 May 15, 2006 PUBLIC INFORMATION/GRANT-WRITING GOAL: Develop a public information and grant-writing program. During the fourth quarter, the Town continued to make excellent progress toward the goal of developing and implementing a comprehensive and proactive public information program. Here are the action items that were accomplished. Develop and implement a comprehensive and proactive Public Information program • All current publications being produced by the Town for the residents, businesses and Town employees have been reviewed to evaluate content, design and effectiveness and to ensure consistency throughout the printed materials. The Compass newsletters for the April-May and June-July 2006 were improved in design and content. • As the central contact for the media, the Assistant Town Manager (ATM) coordinated the Town’s responses to media inquiries and was responsible for proactively providing information through news releases and frequent interaction with media representatives. Major media inquiries continued to be communicated toward the end of each business day to the Mayor, Council and employees when appropriate. Talking points were developed for responses on major media inquiries. Discussions were held with the editorial boards of the major newspapers when appropriate. • The Manager’s Office continued to track and monitor news articles. The distribution system on news has been reviewed, updated and significantly expanded to include not only media resources but also organizations and agencies throughout the Town and Valley. • The ATM has established positive relationships not only with the reporters assigned to cover the Town but also with the editorial boards of the three local newspapers. • The “Town Manager’s Update” was produced twice monthly as news-type features to keep the Council and Town employees up to date on major activities of interest. The publication was widely distributed to media and other organizations and posted on the Town’s Web site at www.fh.az.gov. • Photographs about Town events, services and programs were taken and included in publicity. • Following the debut of the Town’s first video program in the third quarter, an employee team began discussions on the topics for future video programs in the series, which is called “Sharing Our Town.” Future topics being considered are drowning prevention, the Town’s wash maintenance program, street maintenance and the partnerships between the Town and the Fountain Hills Unified School District. The goal is to produce a minimum of four informational videos about Town services during the year. • A speaker’s bureau consisting of employees in the Fire Department, Code Goals Report Page 6 May 15, 2006 Enforcement, Planning and Manager’s Office made presentations to service organizations and homeowners associations on the Town’s first video program, “Sharing Our Town: A Guide to Wildfire Safety at Home.” The program has been well received by the community and continues to be broadcasted on Channel 11. • A comprehensive public information program continued for the State Trust Land. A fact sheet was produced and regularly updated on the history, purpose, details and schedule for the General Plan Amendment and annexation of the 1,311 acres. The fact sheet included information on why the Town desires annexation, how to keep up to date on the progress, and the potential impact on Town services. A proposed land use map, along with a map on the initial proposal by the Arizona State Land Department, was included. Two public open houses were held. Information was distributed through numerous news releases, posted on the Town’s Web site, Channel 11, Compass newsletter and through numerous meetings and speaking engagements. Presentations were made to the editorial boards of the major newspapers. • In conjunction with Economic Development and Planning, the Manager’s Office developed and implemented a comprehensive public information program on the Avenue of the Fountains Enhancement Project. Outreach included the development of the first newsletter which provided facts on the work being done, background, the schedule, and resources to find out more information. The newsletter was hand delivered directly to the businesses along the Avenue and mailed to other businesses downtown, the news media, organizations within the community and posted on the Town’s Web site. A special Web page was created at www.fh.az.gov/AOTF, a special email address was created at AOTF@fh.az.gov, and a 24-hour hotline was established at (480) 816-5288. Staff was directed to respond to all messages and emails within two business days. The public information outreach will continue through the duration of the four-month project, with a ribbon cutting ceremony planned at the conclusion. A groundbreaking ceremony for the project was held on May 11 at 5:30 p.m. at the intersection of Avenue of the Fountains and Verde River Drive. Mayor Nichols and representatives of the Fountain Hills Chamber of Commerce, WLB Group and Ardavin Builders broke ground in front of a crowd of about 60 guests. • Public information efforts continued to be made on a variety of topics related to other Town services and programs, including the naming of the Town as the Best Place to Live by Phoenix magazine, installation of the traffic signal at Saguaro and El Lago, tips during snake season, drowning prevention, election results, West Nile Virus, events and volunteer opportunities. Develop and implement a grant-writing program • Research continued on establishing an effective grant-writing program. Sources of appropriate grants were gathered, and samples of grant-writing policies were compiled to use as a basis for the policy and program for the Town’s grant program. • The Town is awaiting the results of a grant application to the Governor’s Office of Highway Safety (GOHS) for fire extrication equipment. The equipment would be Goals Report Page 7 May 15, 2006 used to stabilize vehicles involved in accidents along the 28-mile stretch of State Route 87. The GOHS is 100% funded. • An inventory of existing Town grants was started, and gaps in funding are being identified for programs that could be eligible for grants. Goals Report Page 8 May 15, 2006 STRATEGIC PLAN Goal: Facilitate and complete the Town’s citizen-driven Strategic Planning Process. The Strategic Plan was completed during second quarter of FY05-06 and the following implementation steps occurred during the fourth quarter: The Strategic Planning Advisory Commission (SPAC) has devised a high level work plan and is developing a communications program to keep the citizenry informed about implementation progress on each of the following key initiative of the Strategic Plan: • Resolve projected revenue shortfall by Dec. 31, 2007 • Work with local schools • Low-water native landscaping • Create commercial architecture review board • Annex State Trust Land • Increase pedestrian safety Members of the SPAC met with key staff members assigned to each of the initiatives to review implementation plans and current progress. The SPAC will be making quarterly reports to Council, with the first such report scheduled for the August 3rd Council meeting. Goals Report Page 9 May 15, 2006 EXPLORE ADDITIONAL PARKS AND AMENITIES GOAL: Explore opportunities for meeting the community’s expanding need for additional parks and amenities. Implementation Steps to Achieve the Objectives Outlined in Council Goal #4 • Research and develop analysis on national park standards The guidelines are based on the National Recreation and Park Association’s minimum standard of 2.5 acres per 1,000 population for both neighborhood and community parks. It was determined that the Town was currently deficient in acreage for existing neighborhood parks, but was currently meeting the guidelines for acreage of existing community parks. Currently, there are 85 acres of neighborhood and community parks in Town. At build-out with an estimated population of 33,281 there will be a need, based on the minimum national guidelines, for an additional 81 acres. These numbers include the recently annexed State Trust Land to the north and the projected additional 4,025 residents, for a total population of 33,281. National Park Guidelines Neighborhood Park Needs Analysis 2.5 acres per 1,000 population - minimum Year Population Current Acres Acres/1,000 Population Add’l Acres Needed Total Needed 2000 20,235 27 1.35 23 50 2010 24,746 27 1.13 33 60 *2020 33,256 27 .93 56 83 *Based on Census Bureau data of 2.3 residents in the maximum allowed 1,750 units in the State Trust Land Goals Report Page 10 May 15, 2006 Community Park Needs Analysis 2.5 acres per 1,000 population - minimum Year Population Current Acres Acres/1,000 Population Add’l Acres Needed Total Needed 2000 20,235 58* 2.90 0 50 2010 24,746 58 2.42 2 60 2020 33,281 58 2.00 25 83 *Includes 33 acres of land in Fountain Park • Inventory all vacant land to determine ownership, usability and viability for park use A map of publicly owned, underdeveloped property was produced. In addition, an aerial map showing potential park sites with topographic overlays was also developed for considering usable and viable park sites. Only five sites were considered viable potential park sites. Of these five, three were considered potential economic resources by Unified School District #98 (USD #98). The remaining two sites are adjacent to the High School and McDowell Mountain School. Staff continues to work with USD #98 staff regarding these two potential remaining sites. • Develop systems to access public opinion on park and amenity needs The final Strategic Plan document has been accepted and support for park amenities, including trails, was considered a priority. Additional neighborhood park land, over the next few years, was not considered a high priority by the public that responded to the survey. Since the time staff met with the USD #98 Board on March 8, 2006, there have been additional discussions with District staff regarding an agreement between both entities regarding the two potential sites and long-term ownership, a lease, or if some other arrangement might be best. Because there are only two small sites under discussion, it is likely that the sites will yield a limited number of practice athletic fields, not larger complexes with multiples of either soccer or combination multipurpose baseball/softball fields. It is anticipated that these additional school-owned areas will help ease the issue of current limited space in Town for practice facilities, but will not resolve the more long-term issue of space for games as the Town continues to grow in size. The cost of designing the two areas has been included in the Department’s request for the 2006-07 fiscal year budget. Goals Report Page 11 May 15, 2006 • Contact major park users/stakeholders to determine their long-term needs Representatives of the youth soccer, baseball and football programs attended the public meetings earlier this year on updating Desert Vista Park and spoke both about their short-term and long-term needs. • Use Parks and Recreation Commission as a resource to get public information out, as well as being an advocate for new park lands and amenities Monthly updates were provided to the Park and Recreation Commission during the planning process for the recently updated Desert Vista Park Master Plan. The Commission will also be involved in the process of planning for the two potential joint sites between USD #98 and the Town for additional athletic practice facilities. Goals Report Page 12 May 15, 2006 INTERGOVERNMENTAL RELATIONS PROGRAM GOAL: Develop and carry out an intergovernmental relations and cooperation program with neighboring communities. During the past three months, the Assistant Town Manager continues to make significant progress on the following items related to the Town’s intergovernmental relations with its neighboring communities, officials who represent the community, and other organizations. • The Town Council kicked off a series of meetings with the councils of neighboring communities on April 28 with its first partnership meeting with the Scottsdale City Council. The joint meeting was a great opportunity to review and discuss issues that affect both communities and to strengthen the working relationships between the Mayors, Councilmembers and staff. Plans have been made for a series of joint meetings with the councils of the Town’s neighboring communities, including Fort McDowell Yavapai Nation, Cave Creek, Carefree, Mesa, Salt River Pima-Maricopa Indian Community and the Maricopa County Board of Supervisors. An overview of existing partnerships with each community will be provided for each meeting. • During the legislative season, staff worked with the League of Arizona Cities and Towns and neighboring communities to monitor the major legislation that would significantly impact the Town of Fountain Hills. Legislative activities were tracked and reviewed for impact on Town services. Information was provided to the League of Arizona Cities and Towns and the Valley’s intergovernmental relations coordinators to ensure united positions on issues that impact communities. During the 2006 session, Mayor Nichols assisted in articulating the Town’s position on some of the legislation that would have negatively impacted our community. • A comprehensive list of projects and partnerships between the Town and the Fountain Hills Unified School District (FHUSD) was compiled and provided to the Strategic Planning Advisory Commission. A Town-School team will be meeting over the next few months to review the existing partnerships, to develop and recommend action plans for new services, and to establish joint meetings between the Town Council and the FHUSD School Board during the 2006-07 school year. • A media event between the Town and the Fort McDowell Yavapai Nation was held on May 1 when Mayor Nichols and President Raphael Bear signed the Mutual Aid Agreement for the two communities to provide assistance for fires and other emergency incidents. • Town staff has consistently attended the meetings and ribbon-cuttings sponsored by the Fountain Hills Chamber of Commerce. The Town has also participated in joint projects with the Chamber, such as Business Excellence Workshops. • Communication with the League of Arizona Cities and Towns, the Maricopa Association of Governments, the Fountain Hills Chamber of Commerce and Goals Report Page 13 May 15, 2006 neighboring communities was frequent. The Town’s news releases were distributed to these organizations for inclusion in their respective newsletters. The Chamber consistently distributed the Town’s news releases by e-mail to Chamber members. • The Town continued to be very involved as a partner in the Northeast Valley Coalition Against Methamphetamine, which is working on a regional approach to the problem. Other members are the City of Scottsdale, Town of Carefree, Town of Cave Creek, Fort McDowell Yavapai Nation, Town of Paradise Valley and the Salt River Pima-Maricopa Indian Community. Since the Coalition was formed in early 2006, the Town of Fountain Hills hosted the first meeting of the planning committee on March 30 and the second community forum on May 25. The Coalition is funded by a grant from the Governor’s Office, Division of Substance Abuse Policy. • The Fire Chief and the Assistant Town Manager registered to attend a Terrorism/High Explosives Tabletop Exercise to be held June 22. The jurisdictions of Carefree, Cave Creek, Fountain Hills, Fort McDowell Indian Community, Paradise Valley and Scottsdale have worked to plan the exercise in conjunction with the Phoenix Urban Area Security Initiative and in cooperation with the U.S. Department of Homeland Security. • The Fire Chief and the Assistant Town Manager also registered to attend a forum on bird flu presented by the International Association of Emergency Managers for cities and towns in the Phoenix metropolitan area on July 11. Goals Report Page 14 May 15, 2006 BUSINESS RELATIONS / RETENTION GOAL: Continue enhancing business relations and retention. Avenue of the Fountains Enhancement Project: The Economic Development Specialist visited each of the businesses along the Avenue of the Fountains to inform them of the start of the Avenue of the Fountains Enhancement Project and provided each business with a poster to let customers know their business is “open for business.” A fact sheet, hotline, email address and web site have been established to keep the lines of communication open during construction. As part of the Avenue of the Fountains Enhancement Project Mitigation Plan, several special events and activities have been planned during the construction period to draw the public to the downtown. Funding for many of the activities has been included in the FY2006-07 budget. Workshops: On behalf of the Town of Fountain Hills, the Economic Development Specialist has continued to partner with the Fountain Hills Chamber of Commerce to offer a series of workshops entitled, "The Business Excellence Program." The program is designed to provide participants with pragmatic management methods and tools used by prosperous small to medium sized business operating today. To date, each of the workshops has drawn at least 50 business people. The workshops have received excellent feedback from participants. Communications: Several articles have been sent out from the Economic Development Specialist to the local business community via email regarding different topics that may be of interest to them. The email blasts have reached over 90 local business people and have covered topics such as retailing during renovation projects and crime prevention tips. The Parks and Recreation Supervisor and Economic Development Specialist compiled a list of 26 special events that could potentially benefit local businesses that are hosted by the Town of Fountain Hills, Fountain Hills Chamber or Fort McDowell during the period from July 1, 2006 to June 30, 2007. The list was emailed out to over 90 business people on May 19, 2006 and was also passed on to the Chamber’s Business Promotion Committee and Major Events Steering Committee. Additionally, the information was shared with Town staff to include as part of future publications of the Compass and In The Loop. Image and Awareness: The Economic Development Specialist recognized two local businesses with congratulatory flowers for helping enhance the image and increase awareness of the business community in Fountain Hills. One arrangement was sent to Goals Report Page 15 May 15, 2006 Paul’s Ace Hardware as recognition for being one of the top paint retailers in the nation. The other was sent to Interior Motives as recognition for being one of the top interior design firms in Arizona. The Economic Development Specialist has attended over a dozen meetings all of which were related to enhancing business relations and retention. In addition, she continues to attended ribbon cutting ceremonies, grand openings, Chamber breakfasts and Chamber Mixers regularly. Goals Report Page 16 May 15, 2006 SUMMARY Three of the FY05-06 goals of the Council have been totally completed, i.e., annexation of State Trust Land, completion of the Strategic Plan, and exploring additional parks and amenities. Substantial progress has been made toward a comprehensive, proactive public information program. The grant writing program and policies continue to be developed. The Town has applied for a grant for fire extrication equipment. The Town has held two joint meetings with councils of adjacent communities and other meetings are planned to improve intergovernmental relations. The Town has taken a number of steps to ensure a smooth construction process for businesses and Town citizens during the Avenue of the Fountains Enhancement Project. The Town is working closely with the Chamber of Commerce on Business Excellence Workshops and is communicating frequently with the Fountain Hills business community. C:\ SWilliams on 'Earth'E:\My Documents\Word\Council\Reports to Council\Goals 2005-06\3rd Qtr Progress on Goals 040606 w-Action Form.doc *21. CONSIDERATION of approving a partial SETTLEMENT with regard to the National Century Financial Enterprises (NCFE) Litigation. *22. CONSIDERATION of accepting a donation of THREE ART PIECES from the Public Art Committee of the Cultural Council for display in the Community Center. REGULAR AGENDA 23. CONSIDERATION of ORDINANCE 06-16, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically bonded indebtedness, for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending 30th on June, 2007. 24. CONSIDERATION of approving a PLAN OF DEVELOPMENT for “Integrity Motors”, an Internet sales based car business, located at 12032 N. Colony Dr. aka Lot 6, Block 2, Final Plat 206. Case# PD2006-01. 25. CONSIDERATION of ORDINANCE 06-13, a Zoning Ordinance text amendment on site distances; and parking lot driveway lengths, and building setbacks within parking lots. Case#Z2005-05. 26. CONSIDERATION of ORDINANCE 06-15, amending the Fountain Hills Town Code, Chapter 11, Offenses, by adding a new Section, 11-1-16, relating to criminal trespass. 27. CONSIDERATION of ORDINANCE 06-18, amending the Fountain Hills Town Code, Chapter 8, Business Regulations, by adding a new Article 8-4, relating to the sale of products containing Ephedrine or Pseudoephedrine; imposing requirements for the display of such products; requiring identification from purchasers; requiring a log of all sales of such products to be maintained and made available to law enforcement; providing for penalties; providing for severability; and providing for and effective date. 28. Quarterly UPDATE by the town manager on progress of implementing the Council’s goals. 29. SUMMARY of COUNCIL REQUESTS by Town Manager. 30. ADJOURNMENT. DATED this 9th day of June 2006 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Z:\Council Packets\2006\R6-15-06\Executive and Regular 6-15-06 Agenda.doc Last printed 6/9/2006 1:06 PM Page 2 of 4 NOTICE OF THE REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Vice Mayor Ed Kehe Councilmember Jay Schlum TIME: 6:30 P.M. - REGULAR SESSIONS WHEN: THURSDAY, JULY 6 and JULY 20, 2006 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ PER COUNCIL ACTION ON JUNE 6, 2006, The next regularly scheduled meeting of the Fountain Hills’ Town Council will be on August 3, 2006, beginning at 6:30 P.M. DATED this 9th day of June, 2006: Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Z:\Council Packets\2006\Cancelled Meetings 7-6 and 7-20\CANCELLATION AGENDA.doc Last printed 6/13/2006 8:37 AM Page 2 of 1