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NOTICE OF REGULAR AND EXECUTIVE
a � SESSION OF THE
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tbatter 1169 • FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill Vice Mayor Hutcheson
Councilman Wyman Councilman Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: THURSDAY, SEPTEMBER 21, 2000
TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION
FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION
WILL BEGIN PROMPTLY AT 6:30 P.M.)
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 E. Palisades, Building B
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RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90
jIt is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please
adhere to the following rules of order if you wish to speak:
1.) All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has
had adequate opportunity to discuss the item.
3.) Please stand,approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER—Mayor Morgan
• ROLL CALL
1.) Pursuant to A.R.S. §38-431.03.A.4., VOTE TO GO INTO EXECUTIVE SESSION 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 in pending or contemplated litigation regarding the Town versus the MCO
Properties and the contemplated litigation regarding Maraston versus the Town.
(iiy 2.) RETURN TO REGULAR SESSION
Town Council Meeting Agenda Regular and Executive Session September 21,2000
• CALL TO ORDER—Mayor Morgan
• PLEDGE TO THE FLAG—
(1116,,,,, • INVOCATION—Peg Tibbetts
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes
to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda.
The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of September 7, 2000.
*2.) Consideration of the EXTENSION OF PREMISE PERMIT submitted by the Ken Bowman for the
American Legion Post 58 located at 16850 E. Avenue of the Fountains. The request is to temporarily extend
the American Legion's Class 14 license for one day on Saturday, September 30, 2000 to an enclosed area
adjacent to the northside of the building.
*3.) Consideration of the EXTENSION OF PREMISE PERMIT submitted by the Ken Bowman- for the
American Legion Post 58 located at 16850 E. Avenue of the Fountains. The request is to temporarily extend
the American Legion's Class 14 license for one day on Saturday, October 14, 2000 to an enclosed area
adjacent to the northside of the building.
*4.) Consideration of the PRELIMINARY PLAT for the Gallery Homes Condominiums 8, a 2-unit structure
located at 12007 Lamont Drive, Case Number S2000-028.
*5.) Consideration of the PRELIMINARY PLAT for the Brunswick Condominiums, a 2-unit structure
located at 14219 Brunswick Drive, Case#S2000-029.
*6.) Consideration of the PRELIMINARY PLAT for the Sheffield Condominium, a 2-unit structure located at
1.4007 N. Sheffield Court, Case#S2000-031.
*7.) Consideration of the PRELIMINARY PLAT for the proposed preliminary plat of the Fountain Hills
Resort, located northeast of the intersection of Shea Boulevard and Palisades Boulevard Case#2000-
033.
*8.) Consideration of RESOLUTION 2000-46, declaring and adopting the results of the special election held on
September 12, 2000.
9.) Consideration of a FIVE-YEAR LEASE with Ontario Inc.; L.B. Lukenda for the 42,000 square foot Town
Hall complex located at 16836 E. Palisades Boulevard at a rate of$8.50 per square foot.
10.) Consideration of approval of the DEVELOPMENT FEE ADOPTION SCHEDULE.
11.) Consideration of INITIATING AN AMENDMENT of the C-2 Intermediate Commercial Planned Unit
Development Zoning District, as approved under Ordinance 00-06, so that "automotive fuel dispensing
stations or gasoline sales"and"convenience stores"are permitted only by Special Use Permit.
12.) DISCUSSION of current Council-appointed and Council-formalized Town Commissions and Committees
(kw with possible direction to staff.
Town of Fountain Hills 2 of 3 Last printed 09/20/00 3:27 PM
Town Council Meeting Agenda Regular and Executive Session September 21,2000
13.) OVERVIEW of future and planned uses and users of the new community center presented by Walt Franklin,
Chairman of the Community Center Advisory Commission. This item includes possible direction to staff to
(Iiio draft a mission statement and detailed organizational outline for a formal commission to advise the Council
on civic and community center matters and possible creation of said commission.
14.) PUBLIC HEARING on ORDINANCE 00-19 amending chapters 5 and 10 of the Zoning Ordinance For
The Town Of Fountain Hills by providing additional regulations and restrictions regarding lot size and lot
width for proposed single-family-zoned lots so that re-subdivided single-family-zoned lots would be
consistent in size and width of existing platted lots in the immediate vicinity, Case Number Z2000-13.
15.) Consideration of ORDINANCE 00-19 amending Chapters 5 and 10 of the Zoning Ordinance For The Town
Of Fountain Hills by providing additional regulations and restrictions regarding lot size and lot width for
proposed single-family-zoned lots so that re-subdivided single-family-zoned lots would be consistent in size
and width of existing platted lots in the immediate vicinity, Case Number Z2000-13.
16.) Consideration of the FINAL REPLAT for plat 203, block 9, lot 9, located at the southwest corner of Inca
and Manitou Drives to subdivide the lot into two lots, Case Number S2000-024.
17.) DISCUSSION AND POSSIBLE DIRECTION to staff regarding a policy change for employment of future
top staff and department heads requiring residence in the Town limits within a specific period after
acceptance of employment.
18.) 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 but must be within the
jurisdiction of the Council. All comment is"subject to reasonable time, space and manner restrictions"and 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 Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future
agenda.
19.) ADJOURNMENT.
DATED this 20th day of September 2000.
61,4AL,qii )Liai,..)
Cassie B. Hansen, Director of Administration/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.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
L
Town of Fountain Hills Page 3 of 3 Last printed 09/20/00 3:27 PM
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION
Date: 09/20/00
Re: AGENDA UPDATES FOR THE 9/21/00 COUNCIL MEETING
Just so you know why your agenda turned purple, here are the two changes that were made to the
version you received with your packets last Friday:
NEW AGENDA ITEM #9,-TOWN HALL LEASE
Since Mr. Farrell received a couple of comments/questions on the draft lease, the item was removed from
the consent agenda to allow for additional Council discussion/comment. This item is now agenda item
number 9.
REVISED AGENDA ITEM #13 -COMMUNITY CENTER
With the help of Councilwoman Fraverd, the language of this agenda item has been modifed for
clarification purposes.
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Page 1 of 1 September 20, 2000 Agenda Update Last printed 09/20/00 5:11 PM
09/20/00
MEMORANDUM
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TO: THE HONORABLE MAYOR AND TO i CO i1 CIL
FROM: PAUL L.NORDIN,TOWN MANAGER 1,
DATE: SEPTEMBER 15, 2000
RE: MANAGER'S REPORT FOR THE SEPTEMBER 21st COUNCIL
MEETING
REMINDERS:
A joint Town Council and Parks and Recreation Commission meeting will be held at
6:00 p.m. on Tuesday, September 19th in Council Chambers.
An Executive Session is scheduled to immediately PRECEDE the Thursday Council
meeting. It will begin at 5:30 p.m. in the Jury Room. Food (pizza) will be available.
Pertinent documentation will be distributed to you next week. The Regular Council
Session will begin at 6:30 p.m. in Council Chambers.
(111, There is one public hearing on this agenda.
MORE REMINDERS:
I will attend the ICMA Annual Conference in Cincinnati, Ohio, from Saturday,
September 16th through Wednesday, September 20th, and return to the office on
Thursday, September 21st. Since I will be out of town this Tuesday, I will be unable to
attend the joint meeting with Parks and Recreation.
The League Conference will take place the following week in Prescott. Sue has sent each
of you an email advising your room confirmation numbers at the Hassayampa Inn.
Please see Sue for additional assistance with your reservations or schedule. We will see
you there!
CONSENT AGENDA:
There are nine items on the consent agenda. Please review each item and contact me
should you determine any should be removed.
L
Town Manager's Report
September 21,2000 Council Meeting
Page 1 of 3
AGENDA ITEM# 10 - DEVELOPMENT FEE ADOPTION SCHEDULE:
(610,
Council will consider approval of the adoption schedule for our new Fountain Hills
development fees. If the Council adopts the schedule presented this Thursday, the
earliest possible date that the new development fees could be implemented would be
February 15, 2001. Please see my attached memo.
AGENDA ITEM# 11 - C-2 P.U.D. ZONING DISTRICT/GASOLINE STATIONS
AND CONVENIENCE STORES/SPECIAL USE PERMIT ONLY:
Councilwoman Fraverd requested this agenda item. It is her desire to initiate an
amendment to Ordinance 00-20, which modified the zoning ordinance so that gasoline
stations and convenience stores could be developed by special use permit only. An
amendment to the ordinance would include the proposed development within the Shea
retail center property. Jeff s report is attached.
AGENDA ITEM# 12 - DISCUSSION OF COUNCIL APPOINTED AND
COUNCIL FORMALIZED COMMISSIONS AND COMMITTEES:
This item has also been sponsored by Councilmember Fraverd. She requested staff to
research the Town's varied council-appointed commissions and council-formalized
committees and to make recommendations for potential standardization. Included for
comparison purposes are each committee's description, mission statement, related
(161, historical information, method of appointment, member terms, number of members, and
meeting specifications. A detailed report is enclosed.
AGENDA ITEM# 13 - UPDATE ON STATUS OF COMMUNITY CENTER
PROJECT:
Walt Franklin and the Community Center Advisory Committee will update the Council
on the new Community Center project. No related material is attached.
AGENDA ITEM# 14 & # 15 - PUBLIC HEARING/ORDINANCE 00-19/SINGLE
FAMILY LOT SIZE AND LOT WIDTH REGULATIONS:
This public hearing will address an amendment providing additional regulations for
proposed single-family lots so that any re-subdivided single-family lots are consistent
with existing lots in the same zoning district. This new ordinance amends Ordinance 00-
08 by including a public notice and public hearing process. Jeff s attached memo
explains this item.
(rir
Town Manager's Report
September 21,2000 Council Meeting
Page 2 of 3
AGENDA ITEM# 16 - FINAL REPLAT FOR INCA DRIVE LOT SUBDIVISION:
This item concerns the final plat request to split a residential lot located at the southwest
corner of Inca Blvd. and Manitou Drive into two lots. This request does not meet the
requirements of the Town's Subdivision Ordinance. Therefore, both Town staff and the
Planning and Zoning Commission recommend denial of this final plat. Jeff s report is
attached.
AGENDA ITEM# 17 - DISCUSSION OF TOWN EMPLOYEE RESIDENCY
REQUIREMENT:
At the request of Councilmember Fraverd, this item will consider residency requirements
of certain full time town employees. Bill's attached report includes his research and
report concerning this topic.
NOTE:
Attached to the back of your packet please find a notice from the Arizona Department of
Environmental Quality approving the Sanitary District's permit application.
This material is provided for your information only. No Council action is necessary.
(Ibie
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Town Manager's Report
September 21,2000 Council Meeting
Page 3 of 3
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Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, TOWN CLERK
Date: 09/15/00
Re: AGENDA ITEMS #2, #3, and #9
The following items appear on the September 21st agenda:
AGENDA ITEM #2 and #3—AMERICAN LEGION EXTENSIONS OF PREMISE
Kenneth Bowman has submitted two extension of premise applications on behalf of the American
Legion #5 ;located at 16850 East Avenue of the Fountains. These requests would extend the
Legion's liquors,license to a fenced area adjacent to the north side of the building to provide
additional space for, a `Scholarship Fundraiser" (scheduled for Saturday, September 30, 2000) and
again for an "Anniversary Party" (scheduled for Saturday October 14, 2000). Security provisions
have been made to check the ID's of individuals under 30 years of age and to insure that alcohol
stays within the event area. Marshal Gendler has performed his investigation and forwards a
favorable recommendation. Staff recommends approval.
AGENDA ITEM #9-- RESOLUTION 2000-46 CANVASSING THE ELECTION
The process of adopting a resolution to canvass the election makes the "unofficial" results "official".
The. Council must perform this routine action not less than six days or more than fifteen days
following the election. Included in your packet are the unofficial results obtained from the County.
The cumulative report and breakdown by precinct will be forthcoming next week. At that time, I
will have all of the additional information (such as the statistics on the ballots to be verified)
necessary to write the resolution. Once those numbers have been received and the resolution has
been prepared, a copy of the resolution will be provided for your review.
As always, if you have any questions, please feel free to contact me.
Page 1 of 2 Cassie Hansen Last printed 09/15/00 2:11 PM
09/15/00
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Maricopa County Election Results
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!FOUNTAIN HILLS PROP 405
Unofficial results FOUNTAIN HILLS PROP 405
party candidate/issue votes Percent
votes
CITY OF FOUNTAIN HILLS
YES 2809 62.19 0/0
NO 1708 37.81
Results last modified: 9/12/00
HOME RECORDED DOCUMENTS I RECORDER I ELECTIONS
Please Email -any web related questions or comments to webmaster@risc.maricopa.gov
L
http://recorder.maricopa.gov/ElectionResults/default.asp 9/13/00
(kw Fountain Hills Memorandum
To: Cassie Hansen !'I
CC: Steve Gendler, Marshal L
Date: 09/11/00
Subject: Liquor License application—American Legion
The purpose of this memorandum is to endorse both of the attached extension of premises
liquor license requests from the American Legion. It is my understanding that they are
scheduled for consideration by the Council at their meeting on September 21 st
Investigative facts:
These applications, as submitted, would involve a one-day extension of premises on September
30th and October 14th for the facility located at 16850 Avenue of the Fountains. The American
Legion has a valid class 14 "club" license in place at that facility. Under the provisions of the
Arizona Revised Statutes, Title 4, a class 14 license is specifically issued to a veteran or
fraternal organization for "on-premise" sale and consumption of alcohol by members and
registered guests.
Findings:
The applications in this case would extend the premise for events catering to members and
• guests. This is a permitted function under the provisions of the license. In reviewing the
application, the American Legion has made provisions access control and identity checks in
compliance with liquor license regulations.
Recommendations:
Based on this extension being in compliance with all provisions of ARS Title 4 relating to a
class 14 license, as well as meeting the requirements for control of access to members and
guests, I recommend approval of this application by the Council. Copies of all investigative
documents are on file with the Marshals Department.
L
Form 105
3/94
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
S4
800 W. Washington, 5th Floor 'o' 400 W. Congress, # .1.CEt
VEE)
Phoenix, AZ 85007 o Tucson, AZ 8570 C
(602) 542-5141 40'�? (602) 628-6595 SEP 0 8 MO
pouNTAIN HILLS
APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT
. • /0—Pi-4e'
Ei Temporary change for date(s) of: _ _ ,4/V,t/i IA PA .1
❑ Permanent change of area of service
1. Applicant's Name: /LC<AVM— i L , ii c} c-rjyvi PA is,/
2. Mailing Address: / 7 0 -.3 �r4 Li D L 6�,c� t i iV /4'u C A Z C. 6 E(
Street City State Zip
/- (I LICENSE # ill 0 7 3 069
3. Business Name: ����/: lc'�4 �/ I Ica c-�c..
4. Business Address: Sc? C iA- , ,' , w l iV hl t Ct. iy►r4!�tCc � �'1 Z �'�L Sf
Street . ? 7' 40 q) 2 City County State Zip
5. Residence Phone:( )) - Business Phone '1 Ol 2 7'"' FS-a
6. Are you familiar with Arizona Liquor Laws and Regulations? Er Yes ❑ No
7. What security precautions will be taken to Rrevent liquor violations in the extended area?
D C, ,,c iti- � J S -e c: i? , 1-., r9 w; 4 Nc s , i
Le S -c r_ 'D leit? K:fe er)-
8. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes ®, No
9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED
PREMISES AND WHAT YOU PROPOSE TO ADD.
After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or
Designs for their rec mmendation.
• c ge in pre s is RECOMMENDED by the local Board of Supervisors, City Council or Designate:
a)GI 0 r — b f Ftr- a.)/,
(Authori i )
(Ti rh tle) (Agency)
gnatu
____ 4.....
I, (\' ij'/2f teAi Wing first duly sworn upon oath, hereby depose, swear and declare, under
penalty of per' ry, that I am the applicant making foregoing application and that said application has been read and
that the tents thereof and g statements contained therein are true, correct and complete.
X 2°- SUBSCRIBED MY RESENCE A SWOR T
o m this dayof ,"
A lic• bef_ e 0
i`•i=f✓, "OFFICIAL SEAL"
-er-- . Virginia LsPenta -
rti=_1'1 Notary.Public-Arizona .,e0).94,Di
ty commiss', _��= „ ',n: MarimpaC
lw n'10 My Commission Expires 1 11/2001
(Signature of NOTARY PUBLIC)
Investigations Recommendation: Date:
Licensing Approval: Date:
Fr r c"14
AMERICAN LEGION
,.
POST#58
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41. FOUNTAIN HILLS,ARIZONA .
_
...,y ,...4,_1_,,.,,,„,,,,
16850 Avenue of the Fountains
tow . .•(/,-
(602)837-5958 TO WHOM IT MAY CONCERN.
The following businesses located at 16850 Ave of the
Fountains have no objections to the American Legion being
granted an extension of premises for a special event on the --,
following dates : /0 - / 4/ - 0 °
SHEAR POINT HAIR DESIGN
— ,-
,.. ..:.,..7.-
460 . ,,,,, ,,._....,,,,-7....>„-:-,
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Form 105
3/94
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
(oloy 800 W. Washington, 5th Floor i `••., 400 W. Congress, #150
Phoenix, AZ 85007 < �� I
Tucson, AZ 857PECEIVED
(602) 542-5141 450. �? (602) 628-6595
SEPnR2000
NTivN HLS
APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMI TOWN Ct FRILK ,
, f :, +
NI Temporary change for date(s) of: 9`3 0 _0 O r' ,- ` ._% ' 1 -1' -4__,
El Permanent change of area of service
1. Applicant's Name: 1C-c_,,v N I E, 6 e _-.-/.... 1 vi n/
2. Mailing Address: 1 "7 0.S-3 C.r4 CL t3 I) a z v co t^' 7v 1-i« C gZ. gfS"),L-
Street City State Zip
3. Business Name: �114-'r c M Ike A/4 1. -< J Ito iV S g• LICENSE # 1 1-1 0 73 609
4. Business Address: Ho e 5"O (-7_ t.4 v-e c'1- /^Tint PT N 14 ,L C c� .� ,.
S 1�+'t H r� � p Z. �S )Gbr
Street City Co my State Zip
5. Residence Phone: �t'0) '.3 1 ' 6 4/2„) Business Phone. Pi 9 O f 3 7- 9.c c
6. Are you familiar with Arizona Liquor Laws and Regulations? fe Yes ❑ No
7. What security precautions will be taken to prevent liquor violations in the extended area?
L j ,G'k S J S - c v R a T'Y L4Y Aliaiq 1v c-c_ -. . E X ) t
8. Does this extension bring your premises within 300 feet of a church or school? 0 Yes gj No
9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED
PREMISES AND WHAT YOU PROPOSE TO ADD.
After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or
Design for their recommendation.
ange in pre s is RECOMM NDED by the local Board of Supervisors, City Council or Designate:
Pr\oasr -17QA,)r. v f. ph. )...1i)).__
(Authorized igna re (Title) (Agency)
I E/1/4/E711 Seah144//), being first duly sworn upon oath, hereby depose, swear and declare, under
penalty of rjury, that I am the applicant making foregoing application and that said application has been read and
that the c tents thereof an all statements contained therein are true, correct and complete.
i4LLttdd � SUBSCRIBED IN MY P ESENCE A S ORN TO
r me this ,- dayof 1
1><cant s Signature) before � ,
,-- .,- ...„,-,-_,-,-_,-_,,,,,,-_,-,...,-,,,,,,,,-, t9re 0 i
r
"OFFICIAL SEAL" I
�•4) Virginia LaPenta
Iy commissio ,_. k � Notary Public-Arizona
` r.tom Mancopa County 1 ti (Signature of NOTARY PUBLIC)
�dm� My commission Expires4
Investigations Recommen.anon: Date:
Licensing Approval: Date:
-e* ,` ,c"* AMERICAN LEGION
_ POST#58
I ,�'/ FOUNTAIN HILLS, ARIZONA
arc•. ,,,�
I(ta, ,„ E.�+.',a.�'� 16850 Avenue of the Fountains
�ii,,,G1 ..��
(602)837-5958
TO WHOM IT MAY CONCERN.
The following businesses located at 16850 Ave of the
Fountains have no objections to the American Legion being
granted an extension of premises for a special event on the
following dates : 9-3c -00
SHEAR POINT HAIR DESIGN
(tre " -- -
TIME- - ' SESIGN
\ �
EXTENSION Ci i-R.L.1,,IS.r.,6/:ATIU ,t-tRAilIT
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RESOLUTION 2000 - 46
(116, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
MARICOPA COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE
SPECIAL ELECTION HELD ON SEPTEMBER 12,2000.
WHEREAS,the Town Council of Fountain Hills, Maricopa County, Arizona did cause to be submitted to
the qualified electors of the Town at a special election held in and for the Town on the 12th day
of September, 2000 for the purpose of voting on Proposition 405, Referendum 2000-RO1, a
referendum ordered by the people to refer Ordinance 00-06, an ordinance amending the text of
the Zoning Ordinance for the Town of Fountain Hills, and by amending the official Zoning
Districts Map of the Town of Fountain Hills by designating 28.6±acres of land south of Shea
Boulevard and west of Saguaro Boulevard from the "IND-2" Light Industrial Zoning District
to the"C-2 P.U.D."Intermediate Commercial Planned Unit Development Zoning District;and
WHEREAS,the election returns have been presented to and have been canvassed by the Town Council.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA, as follows:
Section 1. That the total number of ballots cast at said special election, as shown by the poll lists, was
5,236.
(iv
Section 2. That the number of ballots to be verified was 192 and the number of challenged ballots was
0.
Section 3. That the votes cast for the proposition were as follows:
Proposition FH FIB F I1 FH FH FH FH Total
405 #1 #2 #3 #4 #5 #6 #7 Ballots
YES 715 456 475 377 343 386 531 3283
NO 379 230 230 264 198 364 288 1953
Section 4. That all orders or resolutions in conflict be and the same are, to the extent of such conflict,
hereby repealed, and that this resolution be in full force and effect immediately upon its
adoption.
(lbw
Resolution 2000-46
Page 1 of 2
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 21st day of September, 2000.
L
FOR THE 0 N OF FOI4N AIN HILLS ATTESTED TO:
0,411.46s
Sharon organ, Mayor Cassie B. Hansen,
Director of Administration/Town Clerk
REV WED BY: 0 APPROVED AS TO FORM:
#/...totletA; cgio
fi
Paul L. N in, own Manager William E. Farrell, Town Attorney
(too
Resolution 2000-46
Page 2 of 2
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner "I
DATE: September 15, 2000
SUBJECT: Preliminary & Final Plat for "Gallery Homes Condominiums 8", a 2-unit
condominium project.
Staff has combined the reports for the Preliminary and Final Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by Gallery
Homes, which would condominiumize two-units located at 12007 Lamont Dr., aka Lot 6,
Block 1, Final Plat 201. Please refer to the attached Planning and Zoning Commission &
Staff report for additional details regarding this request.
Coy
TOWN OF FOUNTAIN HILLS
(lew PLANNING&ZONING COMMISSION AND STAFF REPORT
September 21, 2000
CASE NO: S2000-028
LOCATION: 12007 Lamont Dr., aka Lot 6, Block 1, Final Plat 201.
REQUEST: Consider the Preliminary and Final Plat for"Gallery Homes Condominium 8",
a 2-unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Gallery Homes
APPLICANT: Tom Fredrickson
EXISTING ZONING: "R-2"
EXISTING CONDITION: Under Construction
LOT SIZE: 11,649 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Duplex; zoned "R-2"
SOUTH: Duplex; zoned "R-2"
EAST: Vacant; zoned "R-2"
WEST: Vacant; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat"Gallery Homes Condominiums
8" 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, Gallery Homes, has chosen to convert a two-unit complex currently under
construction and record a Declaration of Condominium to sell the units individually. The
units will have a maximum livable area of 1,563 square feet, a minimum livable area of
1,548 square feet and a covered patio. Each unit will have a two-car garage. The
applicant applied for his building permit, 2000-323, on March 15, 2000 and received his
permit to build on May 2, 2000.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval of S2000-028; Preliminary Plat,
(kilw and staff recommends approval of S2000-028; Final Plat "Gallery Homes Condominium
8".
/1 <
. f#orfAIINitt
-/ TOWN OF FOUNTAIN HILLS
yam: COMMUNITY DEVELOPMENT DEPARTMENT
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Attachments(Please list) AP -'it• _ i _ •
Sig ature of Owner I HERBY AUTHORIZE (Please Print) Date
1 �L I TO FILE THIS APPLICATION. L C� - o o
Jubscribed and sworn before me this0 i
--( day of , 19
My Commission Expires
Notary Public
(iire
(Seal)
TFH Case Number
Fee Schedule Attached
kir TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner 01)
DATE: September 15, 2000
SUBJECT: Preliminary & Final Plat for 'The Brunswick Condominiums", a 2-unit
condominium project.
Staff has combined the reports for the Preliminary and Final Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by Allen-
West, Inc., which would condominiumize two-units located at 14219 N. Brunswick Dr.., aka
Lot 2, Block 5, Final Plat 104. Please refer to the attached Planning and Zoning
Commission &Staff report for additional details regarding this request.
L
L
TOWN OF FOUNTAIN HILLS
(16, PLANNING&ZONING COMMISSION AND STAFF REPORT
September 21, 2000
CASE NO: S2000-029
LOCATION: 14219 N. Brunswick Dr., aka Lot 2, Block 5, Final Plat 104.
REQUEST: Consider the Preliminary and Final Plat for "Brunswick Condominiums", a 2-
unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Robert Routledge
APPLICANT: Allen-West, Inc.
EXISTING ZONING: "R-2"
EXISTING CONDITION: Under Construction
LOT SIZE: 10,800 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Duplex; zoned "R-2"
SOUTH: Single-family; zoned "R-2"
EAST: Vacant; zoned "R-2"
WEST: Duplex; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat "Brunswick 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, Robert Routledge, has chosen to convert a two-unit complex currently under
construction and record a Declaration of Condominium to sell the units individually. The
units will have a maximum livable area of 1,332 square feet, a minimum livable area of
1,332 square feet and a covered patio. Each unit will have a two-car garage. The
applicant applied for his building permit, #2000-421, on March 31, 2000 and received his
permit to build on June 6, 2000.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval of S00-029; Preliminary Plat,
and staff recommends approval of S00-029; Final Plat "Brunswick Condominiums".
• •
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11
°V. �'. TOWN OF FOUNTAIN HILLS
tz. COMMUNITY DEVELO
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Lpplicant
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Attachments (Please list)
Si ature of Owner I HERBY AUTHORIZE (Please Print) Date
/ ` .Z%t..f ?Chi/9!-;I )ii TO FILE THIS APPLICATION.
Subscribed and sw; n before me this day of 19
My Commission Expires
Notary Public
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(kw TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: September 15, 2000
SUBJECT: Preliminary & Final Plat for 'The Sheffields Condominiums", a 2-unit
condominium project.
Staff has combined the reports for the Preliminary and Final Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by Allen-
West, Inc., which would condominiumize two-units located at 14007 N. Sheffield Ct., aka
Lot 28, Block 5, Final Plat 104. Please refer to the attached Planning and Zoning
Commission &Staff report for additional details regarding this request.
(by
(kkby TOWN OF FOUNTAIN HILLS
PLANNING&ZONING COMMISSION AND STAFF REPORT
September 21, 2000
CASE NO: S2000-031
LOCATION: 14007 N. Sheffield Ct., aka Lot 28, Block 5, Final Plat 104.
REQUEST: Consider the Preliminary and Final Plat for "The Sheffields Condominiums", a
2-unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Sally Hagan
APPLICANT: Allen-West, Inc.
EXISTING ZONING: "R-2"
EXISTING CONDITION: Occupied
LOT SIZE: 10,914 square feet
SURROUNDING LAND USES AND ZONING:
(kw NORTH: Duplex; zoned "R-2"
SOUTH: Vacant; zoned "R-2"
EAST: Single-family; zoned "R-2"
WEST: Single-family; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat for "The Sheffields
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, Sally Hagan, has chosen to convert a two-unit complex currently under
construction and record a Declaration of Condominium to sell the units individually. The
units will have a maximum livable area of 1,103 square feet, a minimum livable area of
1,095 square feet and a covered patio. Each unit will have a two-car garage. The
applicant applied for his building permit with Maricopa County, #84-8013, and received a
Certificate of Occupancy.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval of S00-031; Preliminary Plat,
(741, and staff recommends approval of S00-031; Final Plat "The Sheffields Condominiums".
N - OIAIIN 46 110 •
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TOWN OF FOUNTAIN HILLS
1'4.:,, , COMMUNITY DEVELOPMENT DEPARTMENT
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Plat my Block J Lot(s)
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y O FILE THIS APPLICATION. 7,--- 7,--- 9
bscrib d nd swo before me this day of , 19
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li
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: September 15, 2000
SUBJECT: Preliminary Plat for "Fountain Hills Resort", a one lot and one tract
subdivision. .
On August 5, 2000, the Preliminary Plat for the subject property expired with no request for
extension. This application is for Preliminary Plat approval, as approved by Town Council
on August 5, 1999, Subdivision Case # S1999-014. The only reason for this Preliminary Plat
application is to renew the Preliminary Plat approval and allow the project to continue as
originally approved. There have been no changes or modifications made as approved in
Subdivision Case #1999-014. Staff recommends approval of case # 52000-033.PIease refer
(110, to the attached Planning and Zoning Commission & Staff report for additional details
regarding this request.
L
TOWN OF FOUNTAIN HILLS
PLANNING & ZONIG COMMISSION AND STAFF REPORT
September 21,2000
CASE NO.: S2000-033
PROJECT
MANAGER: Dana Burkhardt
LOCATION: North of Shea Blvd&east of Palisades Blvd.
REQUEST: Consideration of the Preliminary Plat Fountain Hills Resort Subdivision,
which is a proposed one (1)lot, one (1)tract subdivision.
DESCRIPTION:
OWNER: Vladimir Hulpach
APPLICANT: Vladimir Hulpach for Fountain Vista Properties
EXISTING ZONING: "L-3 P.U.D. &OSR"
PARCEL SIZE: 59.67 Acres
PROPOSED#OF LOTS: 1 Lot& 1 Tract
fliw SURROUNDING LAND USES AND ZONING:
NORTH: Developing single family lots within Westridge Village, zoned "R1-10
PUD".
SOUTH: Developing FireRock Country Club South of Shea, zoned"R1-18 PUD".
EAST: Undeveloped and unplatted land,zoned"R1-43".
WEST: Summit Estates,zoned M-1.
SUMMARY:
This request by Fountain Vista Properties is for approval of the Preliminary Plat for the Fountain
Hills Resort Subdivision which is located north of Shea Blvd. and east of Palisades Blvd.
On August 5, 2000, the Preliminary Plat for the subject property expired with no request for
extension. This application is for Preliminary Plat approval, as approved by Town Council on
August 5, 1999, Subdivision Case # S 1999-014. The only reason for this Preliminary Plat
application is to renew the Preliminary Plat approval and allow the project to continue as originally
approved. There have been no changes or modifications made as approved in Subdivision Case
#1999-014. Staff recommends approval of case#S2000-033.
The following staff report will review several aspects of the project, including the subdivision's
(ity design and its conformance with the Subdivision Ordinance and the Zoning Ordinance.
Staff Report S2000-033
r Fountain Hills Resort
September 15, 2000
Page 2
Subdivision Design
GENERAL DESCRIPTION:
The topography of the property is steeply sloping down to two washes. The subdivision has no
proposed street layout due to its relatively small size and easy access to Palisades Blvd. Lot 1
meets all the "L-3" zoning district's lot dimension requirements, including those for size and lot
width. Tract A meets all the "OSR" zoning district's lot dimension requirements, including those for
size and lot width.
GRADING:
The proposed subdivision is undisturbed. Grading will only occur on lot 1 at the time of building
permit.
ISSUES:
The Subdivision Technical Review Committee met with the applicant to discuss the preliminary
design of the subdivision on June 21, 1999. The applicant has made most of the changes to the
original subdivision design which was reviewed by the Committee. The outstanding issues as of
the latest submittal are as follows:
Engineering Department
• Show 12'wide third lane, 4'bicycle lane, and vertical curb and gutter on westbound Shea
Blvd. for the effective length of the property's 1300' ± south boundary. (This
improvement is considered by staff to be well within the proportional traffic impact,
estimated at 7000 vehicle-miles per day, on the Town's arterial street network. Our
conceptual level estimate for this work is $100,000.)
The Town anticipates commencing design of a large length of bike lane widening along
Shea Blvd. later this year. If you wish, the Town would incorporate these improvements
into that project at a$100,000 developer participation amount.
• Consider moving the driveway entrance to align with the existing median cut for SRP.
• Provide and show on plans the sight easement area if any, for the proposed driveway
entrance location.
• Provide and show on plans the proposed median cut for a left turn at the proposed
driveway, a deceleration and an acceleration lane, storage, and taper lengths.
(lbw Staff Report S2000-033
Fountain Hills Resort
September 15, 2000
Page 3
• Provide and show on plans the right-turn deceleration lane onto the site, storage, and
taper lengths.
• Provide and show on plans the driveway entrance classification, configuration, and
storage lengths for entering and exiting.
• Provide a Final Drainage Study Report with the improvement plans for review and
approval.
• Provide a Geotechnical Report with improvement plans for review and approval.
• Provide landscape and irrigation plans with the improvement plans. All existing rock cut
slopes along Palisades should be color treated (Permeon or equal).
• We question the feasibility of the sewer on-site alignment; it bucks substantial grade in
hard rock in several locations.
• On the Infrastructure Design Plan show/provide;
(a) RipRap at the outlet of proposed catch basin and storm drain.
(b) Revise Legend.
• On the Hydrology Analysis, Drainage Report, and Resort Site Plan; seal, sign and date.
Most of the engineering comments can be handled with the Final Plat Improvement Plans. The
issue of the improvements to Shea Blvd are under discussion with the applicant as to the extent of
the applicants participation in the Shea widening project. While staff realizes that there are a large
number of stipulations staff feels that they can be addressed during improvement plan review.
Recommendation
Based on the proposed subdivision design and the proposed zoning, staff and the Planning and
Zoning Commission recommend approval of the Preliminary Plat for the Fountain Hills Resort
Subdivision Case#S2000-033, subject to the following stipulations:
1. Show 12' wide third lane, 4'bicycle lane, and vertical curb and gutter on westbound Shea
Blvd. for the effective length of the property's 1300' ±south boundary. (This
improvement is considered by staff to be well within the proportional traffic impact,
estimated at 7000 vehicle-miles per day, on the Town's arterial street network. Our
(Ibpi conceptual level estimate for this work is $100,000.)
Staff Report S2000-033
Fountain Hills Resort
September 15, 2000
Page 4
The Town anticipates commencing design of a large length of bike lane widening along
Shea Blvd. later this year. If you wish, the Town would incorporate these improvements
into that project at a$100,000 developer participation amount.
2. Consider moving the driveway entrance to align with the existing median cut for SRP.
3. Provide and show on plans the sight easement area if any, for the proposed driveway
entrance location.
4. Provide and show on plans the proposed median cut for a left turn at the proposed
driveway, a deceleration and an acceleration lane, storage, and taper lengths.
5. Provide and show on plans the right-turn deceleration lane onto the site, storage, and
taper lengths.
6. Provide and show on plans the driveway entrance classification, configuration, and
storage lengths for entering and exiting.
(liro 7. Provide a Final Drainage Study Report with the improvement plans for review and
approval.
8. Provide a Geotechnical Report with improvement plans for review and approval.
9. Provide landscape and irrigation plans with the improvement plans. All existing rock cut
slopes along Palisades should be color treated(Permeon or equal).
10. We question the feasibility of the sewer on-site alignment; it bucks substantial grade in
hard rock in several locations.
11. On the Infrastructure Design Plan show/provide;
(a) RipRap at the outlet of proposed catch basin and storm drain.
(b) Revise Legend.
12. On the Hydrology Analysis, Drainage Report, and Resort Site Plan; seal, sign and date.
L
orfAIN
1 'J TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
41Limminsmisimimminsimminsamiimmimissisissomminomminimaimisimminisisimiffiffinil. PRELIMINARY P1-AT=APPLICATION r .x _
Date Filed Fee Paid Accepted By
August 25, 2000 $200
il
l Plat Name/Number a
Fountain Hills Resort
Parcel Size Number of Lots
59 .67 Acres 2 Parcels
Number of Tracts Zoning
2 Tracts L-3 and OSR
General Plan Land Use Designation
Lodging
Density Requested (Dwelling Units Per Acre)
250 Room Destination Resort
Applicant Day Phone
Fountain Vista Properties, LLC 480-816-5523
Address City
13014 N. Saguaro Blvd. Suite #202 Fountain Hills AZ 85268
Owner Day Phone
Vladimir Hulpach
Address City ST Zip
Same
Attachments (Please list) Site Plan (Hillside Study, Phase I Study, Traffic
Study and Preliminary Drainage Report were submitted May 26, 1999
and are on file)
Signature of •wner I HERBY AUTHORIZE (Please Print) Date
i( . VAAL.;Ihk 14'J I NJ /2r/00
t,t-j TO FILE THIS APPLICATION.
Subscribed and s , •rn before me this AS day of AP , r.
OFFICIAL SEAL ,
My Commission • ,..;IT „_; A. WHEELER
Notary Public .! .:�, Notary Publie-State of Arizona
r,:
`i'` MARICOPA COUNTY
' My comm,expires June e,20044
(Seal)
TFH Case Number
Cee Schedule Attached n
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IMIPMAKINIPAS101. .1
AUG 3 0 2000 5 aCITC - I
COMMUNITY DEVELOPMEN'
DEPARTMENT
Law Offices Of
William E. Farrell, P.L.L.C.
(1110, Tel(480)837-5750 William E.Farrell Building A
Fax(480)837-5805 16838 E.Palisades Blvd.
Fountain Hills,AZ 85268
MEMORANDUM
TO: Mayor and Council_
Town Manager
Town Clerl( �
FROM: William E. Farrell
Town Attorney
DATE: September 14, 2000
RE: Lease
Attached please find a draft of the proposed lease between the Town and the landlord for the
(6, three buildings and premises we occupy. I have forwarded this draft to both the doctor's real estate
agent and his attorney. The lease is still open for negotiation in all areas except the price;however,
these drafts have been circulated previously and contain the basis agreement of the parties.
I would appreciate your comments prior to next Thursday evening,and any suggestions you
may have regarding changes. I anticipate that the staff report will be very brief and that we will
merely ask you for authorization to the Mayor, Manager, Clerk, and I to execute the final form of
agreement under terms and conditions similar to those in the attached draft. Should there be any
significant change, we will return to the Council for specific authorization.
Respectfully submitted,
William E. Farrell
Town Attorney
WEF:pf
encl.
MASTER LEASE
1. PARTIES
This lease entered into as of the day of , 2000, by and between
562502 ONTARIO, INC., an Ontario (CANADA) corporation, as the Lessor, and the Town of
Fountain Hills, Arizona, a municipal corporation of the State of Arizona as the Lessee.
2. DEMISE OF PREMISES
In consideration of the rents and covenants herein stipulated to be paid and performed by the
Lessee,the Lessor hereby demises and lets to the Lessee for the term of years hereunder specified,
the land and improvements thereon consisting primarily of three(3)buildings and parking thereon
located in Maricopa County, State of Arizona, and legally described in the attached Exhibit "A"
which is incorporated herein by reference, together with all buildings, structures, and other
improvements constructed thereon,and all easements,rights and appurtenances thereto(said parcel
and improvements being hereinafter termed the "Leased Premises.")
3. TITLE AND CONDITION
The Leased Premises are subject to the matters shown on Exhibit"B"and to the rights of any
parties in possession thereof,and to the existing state of title thereof as of the date of this Lease,to
all encroachments thereon or over any street or adjoining property, to any state of facts which an
accurate survey or physical inspection thereof might show,to all zoning regulations and other law
and regulations now in effect or hereafter adopted by any governmental authority having or
acquiring jurisdiction and,with respect to the improvements,in their present state and condition and
without representation or warranty of any kind by the Lessor to such improvements presently
constructed.
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Z:\WPDATATERMasterLease-Lukenda.wpd
4. QUIET ENJOYMENT -NON ABATEMENT OF RENT
(a) If and so long as Lessee shall pay the Basic Rent and additional rent reserved
under this Lease whenever the same shall become due, and shall keep all of the covenants and
agreements required by it to be kept during this Lease,and shall perform all of its other obligations
hereunder,the Lessor will not interfere with the peaceful and quiet occupation, and the enjoyment
shall be without hindrance, ejection or molestation by the Lessor.
(b) Except as otherwise specifically provided in this Lease, or by other written
agreement between the Lessor and the Lessee,there shall be no abatement,diminution or reduction
of rent,charges,or other compensation claimed by or allowed to the Lessee,or any person claiming
under it, nor shall there be abatement or diminution or reduction of the performance of the other
obligations by the Lessor hereunder under any circumstances.
5. USE OF LEASED PREMISES
Lessee is granted the right during the term of this Lease to occupy and use the
Leased Premises for any lawful purpose;provided that the Lessee shall,at its sole cost and expense,
procure any and all necessary permits,certificates,licenses or other authorizations required for any
such purpose.
Lessee shall not use or occupy the Leased Premises or permit the Leased Premises
to be used or occupied contrary to any statute, rule, order, ordinance, requirement or regulation
applicable thereto or in a manner which would violate any certificate of occupancy affecting the
same, or which would cause structural injury to the improvements, or cause the market value or
usefulness of the Leased Premises or any part there of to diminish, or which would constitute a
public or private nuisance or waste, and the Lessee will,promptly upon discovery of any such use,
take all necessary steps to discontinue such use and to evict the subtenants or occupants guilty of
such use,except when such use shall be permitted pursuant to acceptable or approved tenant leases.
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 2
Lessee will keep or cause to be kept, the Leased Premises and all sidewalks and areas
abutting and adjoining said premises in a safe and clean condition in compliance with the
requirements of all laws and ordinances applicable thereto. The Lessee shall keep the Lessor
harmless and indemnified at all times against any loss, damage, cost or expense incurred by the
Lessor or claimed against the Lessor by reason of any failure of the Lessee to carry out the foregoing
agreements or by reason of any accident, loss or damage resulting to any person or property by
reason thereof.
6. TERM
(a) The initial term of this lease shall begin on July 1,2000 and shall end at 12:00 noon
on June 30, 2005, unless sooner terminated by the Lessee as hereinafter provided.
(b) The term of this Lease may be extended,at the option of the Lessee,for only one(1)
successive period of five(5)years. Such option to extend shall be exercised by the Lessee by giving
written notice to the Lessor not more than twenty-four (24) months, nor less than six (6) months
prior to the expiration of the then existing term. The giving of such written notice by the Lessee to
the Lessor shall automatically extend this Lease for the particular extended term involved and no
instrument of renewal need be executed. In the event that the Lessee fails to give the required notice
to the Lessor, this Lease shall automatically terminate at the end of the initial term or an extended
term, as the case may be, and the Lessee shall have no further option to extend this Lease. In the
event that the Lessee does not exercise any particular option to extend as provided in this paragraph,
then the Lessor shall have the right during the remainder of this Lease then in effect to advertise the
availability of the Leased Premises for sale or for reletting and may erect upon the Leased Premises
signs permitted under Town Code indicating such availability. The phrase"term of this Lease"as
used herein shall mean the initial term of the Lease, together with any extended term with respect
to which the Lessee has exercised its option to extend the term as provided in this paragraph.
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 3
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(c) The Lessee may terminate the Lease prior to the end of any term and without cause
by providing written notice of said early termination twelve (12) months prior to the date of early
termination. Tenant is obligated to pay all rental payments due up to the date of early termination
but can vacate the premises at any time.
7. RENT
Lessee shall pay to Lessor as rent for the premises during the term of this Lease annual rent
in accordance with the following rent schedule:
Months Rental/42,000 SF/Yr. Annual Rent(plus tax)
1 1-12 $ 8.50 $ 357,000
2 13-24 8.84 $ 371,280
3 26-36 9.19 $ 385,980
4 37-48 9.56 $ 401,520
5 49-term end 9.94 $ 417,480
L
Lessee shall pay annual rent in equal monthly installments as follows: $29,750, plus tax,
shall be due on the first day of each month, commencing on the Commencement Date and
continuing eleven(11)successive months thereafter;$30,940, plus tax, shall be due on the first day
of each month,commencing July 1,2001 and continuing eleven(11)successive months thereafter;
$32,165, plus tax, shall be due on the first day of each month, commencing July 1, 2002 and
continuing eleven(11)successive months thereafter;$33,460,plus tax, shall be due on the first day
of each month,commencing July 1,2003 and continuing eleven(11)successive months thereafter;
$34.790, plus tax, shall be due on the first day of each month, commencing July 1, 2004 and
continuing eleven(11)successive months thereafter through the term of this Lease. Payments shall
be due in advance without deduction,offset,prior notice,or demand,and shall be payable to Lessor.
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Z:\WPDATA\FH\MasterLease-Lukenda.wpd 4
8. OTHER TAXES
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The Lessee will not reimburse, indemnify, hold harmless or pay to the Lessor, or on the
Lessor's account,any revenue tax, income tax,or profits tax that may be imposed upon the Lessor,
or charged or levied upon the Lessor, with respect to the basic rent.
9. UTILITIES
The Lessee agrees that during the initial term of the agreement and any extension
thereof, that it will keep the property free and clear of any liens or encumbrances upon the Leased
Premises or any portion thereof, and that it will pay all charges for utilities services including,but
not limited to,water charges, sewer charges,power charges,and telephone charges required by the
Lessee for the peaceful enjoyment of the Leased Premises. The Lessee acknowledges that the
Lessor is not required to furnish to the Lessee, or any other occupant of the Leased Premises, any
utilities services of any kind.
10. COMPLIANCE WITH LAW
The Lessee shall comply with all federal,state,county,municipal and other statutes,charters,
laws,rules, orders, regulations, and ordinances affecting the Leased Premises and the occupancy,
operation,or use thereof,including those which require the making of any structural,unforeseen or
extraordinary changes,whether or not any such statutes,charters,laws,rules,orders,regulations and
ordinances which may hereafter be enacted involve a change of policy on the part of the
governmental body enacting the same. The Lessee shall comply with the requirements of all
policies of public liability, fire and other insurance at any time in force with respect to the Leased
Premises.
11. LIENS
The Lessee will not create,or permit to be created,or to remain,and will discharge any lien,
encumbrance, or charge(other than a lien, encumbrance or charge created by the Lessor)upon the
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Leased premises,or any part thereof,or upon the Lessee's leasehold interest therein,provided that
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the existence of any mechanic's, laborer's, material men's, supplier's, or vendor's lien or right in
respect thereof shall not constitute a violation of this Lease if payment is not yet due and payable
under the contract in question. Nothing in this lease contained shall be construed as constituting the
consent or request of the Lessor,expressed or implied,by inference or otherwise,to any contractor,
subcontractor,laborer or material man for the performance of any labor or services,or the furnishing
of any materials for any improvement,alteration,addition or repair of or to the Leased Premises or
any part thereof.
12. INDEMNIFICATION
The Lessee agrees to pay, and to protect,indemnify and save harmless the Lessor from and
against any and all liabilities, damages, costs, expenses (including any and all attorneys' fees and
expenses of the Lessee, and including any and all reasonable attorneys' fees and expenses of the
Lessor incurred as the result of a default on the part of the Lessee, or as the result of the request by
the Lessee for any consent,approval,modification,amendment,subordination,attornment or other
instrument from the Lessor), causes of action, suits, claims, demand or judgments of any nature
whatsoever arising from(1)any work or thing done in,on,or about the Leased Premises,or any part
thereof,(2)injury to,or the death of,persons or damage to property on the Leased Premises,or upon
adjoining sidewalks, streets, alleys, curbs,vaults,spaces or ways, or in any manner growing out of
or connected with the use,non-use,condition,possession,operation,maintenance,management or
occupation of the Leased Premises, or resulting from the condition thereof, or of adjoining
sidewalks,streets,alleys,curbs,vaults,spaces or ways,(3)any negligence on the part of the Lessee
or any of its agents, contractors, servants, employees, licensees or invitees and the(4)violation of
any agreement or condition of this lease and of conditions, agreements, restrictions, statutes,
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charters, laws, rules, ordinances or regulations affecting the leased Premises or the ownership,
occupancy or use thereof.
13. MAINTENANCE AND REPAIR
(a) The Lessee has received the Premises and improvements thereon in an"as is"
condition, and at its own and sole cost shall maintain and keep the Premises "as is" subject only to
ordinary wear and tear and acts of God excepted, and as set forth in subsection (c) below.
(b) Lessee shall be responsible for and maintain the structure and shall correct any
hazardous condition arising from any structural defect or unsoundness. The term"structure"as used
herein includes walls,roof,floors,foundation,stairways,exterior sidewalks and parking structures.
(c) As to all electrical,plumbing,heating and air conditioning systems and equipment,
Lessee shall be responsible for all maintenance and the first Five Hundred Dollars ($500.00) of
repair or replacement of the mechanical equipment or systems. Lessor shall be responsible for all
repair and replacement in excess of Five Hundred Dollars ($500.00).
(d) Lessee shall provide for its own janitorial service and shall keep the exterior and
interior of the premises free from trash, litter and other rubbish.
(e) Lessee shall be responsible for replacement of all glass breakage
14. ALTERATIONS AND ADDITIONS
(a) The Lessee may, at any time, and from time to time during the term of this lease,and
at its sole cost and expense,make additions to,alterations of,substitutions and replacements for,and
removals from the improvements,provided,however,that(1)the total market value of the Leased
Premises shall not be lessened by reason of any such alteration,addition,substitution,replacement
or removal, (2)any of the foregoing actions shall be done in good and in a first-class workmanlike
manner, (3) all such additions, alterations, substitutions, replacements and removals shall be
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expeditiously completed in compliance with all laws, ordinances, orders, rules regulations, and
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 7
requirements applicable thereto, and (4) if the Lessee estimates that any such addition, alteration
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substitution or replacement will cost more than Fifty-Thousand Dollars ($50,000.00), the Lessee
shall give to the Lessor notice of its intention to undertake the same and shall not start work until
the written approval of the Lessor is granted. All work done in connection with said additions,
alterations, substitutions, replacement or removals shall be done in accordance with applicable
orders, rules and regulations; general public liability insurance for the benefit of the Lessor and of
the Lessee, as their interests may appear, shall be maintained by the Lessee at all times when any
work is in progress in connection with any additions, alterations, substitutions, replacements or
removals to the Leased Premises, and any improvements thereon arising out of such addictions,
alterations, substitutions, replacements or removals. The Lessee shall procure and pay for all
required permits, certificates and licenses in connection with such additions, alterations,
substitutions, replacements or removals.
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(b) The Lessee may,at any time, and from time to time at its sole cost and expense,erect
or locate upon the Leased Premises any other additional buildings, structures and improvements
upon compliance with the same terms and conditions set forth in Section 14 (a) hereof. All such
buildings, structures and improvements erected or located upon the Leased Premises shall be and
remain the property of the Lessor. If, however, the Lessee shall not be in default under this lease,
it may remove the same from the Leased Premises within thirty (30) calendar days after the
expiration,or sooner termination of this lease,provided that such removal shall not cause structural
injury to the remaining buildings, structures, and improvements, nor prevent the use thereof as an
economic unit and, provide further, that the Lessee shall pay the costs of such removal and shall
repair at its sole cost and expense any damage caused by such removal. Property not so removed
shall become the property of the Lessor at the Lessor's option.
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15. CONDEMNATION
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Lessor and Lessee acknowledge that Lessee is a governmental agency and as such
possesses the right of eminent domain. The interests of the Lessor could be condemned by another
governmental agency only upon a showing to the court that the use for which the other governmental
agency wishes to put the property in a higher and better use than the use to which it is currently
being used, i.e., municipal buildings and town hall. If another governmental agency were to
attempt to acquire all of the Lessor's interest in the property, the rent and obligations of the Lessee
would terminate upon the date of possession if it were a total take of the property. If the taking was
less than a total take, then the Lessee would, at its sole option, determine whether or not it wished
to continue to occupy the remaining portion of the property or have the lease declared void and null
in its entirety. As to the distribution of awards in the event of an eminent domain action or a taking,
each party shall be allowed to present its full rights and entitlements to compensation and that the
parties do not agree in advance to any distribution of awards.
16. INSURANCE
Lessor shall not be named as an additional insured, but Lessee shall purchase and provide
Lessor with a general liability policy in an amount of Five Hundred Thousand Dollars ($500,000)
per injury or death,Two Million Dollars($2,000,000)per occurrence,and shall keep said policy in
full force and effect during the course of this Lease.
(a) Liability Insurance
Lessee waives all claims against Lessor for damage to equipment and other personal
property,improvements,and structures in or about the Leased Premises and for injuries to persons
in or about the Leased Premises from any cause arising at any time; and shall indemnify and hold
Lessor exempt and harmless from any claims,obligations,liabilities or property damage occurring
upon or in the Leased Premises as may arise from use of the Leased Premises by Lessee or Lessee's
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 9
agents,employees,assigns or invitees,or other persons present at the Leased Premises,or Lessee's
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failure to comply with the provisions hereof. Lessee agrees to maintain comprehensive general
liability insurance against claims for personal injury,wrongful death,or property damage occurring
upon, in, or about the Leased Premises, with minimum limits of Five Hundred Thousand Dollars
($500,000) for bodily injury or death, Two Million Dollars ($2,000,000)per occurrence, and One
Hundred Thousand Dollars ($100,000) for property damage. Lessor shall not be named an
additional insured, but the Lessee. A Certificate of Insurance evidencing such coverage shall be
delivered to Lessor within ten(10)days of the execution of this Lease,and thereafter at least thirty
(30) days prior to the commencement of the term of any such new policy. Lessee shall furnish
Lessor with insurance certificates for such policies annually. All such insurance policies shall be
in a form reasonably satisfactory to Lessor and shall also contain a provision that Lessor, although
named as an additional insured,shall nevertheless be entitled to recover under said policies for any
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loss occasioned to it by reason of the negligence of Lessee.
(b) Fire and Other Casualty
Lessee shall be responsible for and shall maintain a policy of fire and casualty
insurance for the contents of the building.
(c) Other Insurance
Each party may maintain such other insurance as they deem necessary and proper.
17. ASSIGNMENT AND SUBLETTING
(a) The Lessee shall not assign all or any portion of its rights under this agreement to any
third party without the expressed written consent of the Lessor.
(b) Lessee may sublease, subject to the Lessee remaining primarily responsible to the
Lessor, all or portions of the leased premises to other governmental agencies or to contract
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employees,
p yees,vendors,or other organizations affiliated with government or serving local government
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without the written permission of the Lessor. Lessee shall not sublet any portion of the premises
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to a private individual or organization that does not have a governmental purpose or a governmental
affiliation without the expressed written consent of the landlord which shall not be unreasonably
held.
(c) Lessor acknowledges and understands that, in connection with performing public
safety functions, the Lessee may from time-to-time have hazardous materials on the premises for
a short period of time. Lessee, in addition to all other indemnifications and warranties expressed
in other parts of this lease, shall indemnify and hold harmless the Lessor from any charges or fines
or prosecution of any nature against the Lessor for the maintenance of any hazardous use upon the
premise by the Lessee, any sub-lessee, or any agents, employees, or assigns of the Lessee or sub-
lessees.
18. CONDITIONAL LIMITATIONS - DEFAULT PROVISIONS
A. Any of the following occurrences or acts shall constitute an event of default
under this lease: (1) If the Lessee, at any time during the term of this lease (and regardless of the
pendency of any bankruptcy,reorganization,receivership,insolvency,or other proceedings,at law,
in equity, or before any administrative tribunal which have or might have the effect of preventing
the Lessee from complying with the terms of this lease), shall (a) fail to make payment of any
installment of annual Basic Rent,additional rent or of any other sum herein specified to be paid by
Lessee, or (b) fail to observe or perform any of the Lessee's other covenants, agreements or
obligations hereunder, including by way of reference and not limitation, any default by the Lessee
as Landlord under any sublease, and if any such default shall not be cured as to (a) within fifteen
(15) calendar days, or as to (b) within thirty (30) calendar days, then the Lessor shall grant the
Lessee a reasonable period of time in which to cure same as to(c)provided the Lessee is diligently
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pursuing a cause of action to cure same,or(2)if the Lessee shall file a petition in bankruptcy or for
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 11
reorganization or for an arrangement pursuant to the Bankruptcy Act of the United States of
(1160
America shall be adjudicated a bankrupt or insolvent, or shall make an assignment for the benefit
of its creditors, or shall admit in writing its inability to pay its debts generally as they become due,
or if a petition or answer proposing the adjudication of the Lessee as a bankrupt or the
reorganization of Lessee pursuant to the Bankruptcy Act of the United States,or any similar federal
or state law and such petition or answer shall not be discharged or denied within sixty(60)calendar
days after the date of filing thereof, or(3) if a receiver, trustee or liquidator of the Lessee or of all
or substantially all of the property of the Lessee, or of the Leased Premises, shall be appointed in
any proceeding brought by the Lessee, or if any such receiver, trustee or liquidator shall be
appointed in any proceeding brought against the Lessee, and if such receiver, trustee or liquidator
shall not be discharged within sixty(60)calendar days after such appointment or(4)if the Lessee's
interest in this lease shall be attached or levied against pursuant to any other decree or judgment of
any court or competent jurisdiction or other judicial tribunal, or any administrative tribunal.
B. If an event of default shall have happened and be continuing,the Lessor shall have the
right at its election, then, or at any time thereafter, while any such event of default shall continue,
to give the Lessee notice of Lessor's intention to terminate the term of this lease on a date specified
in such notice,which date shall not be less than five(5)calendar days after the date of receiving of
such notice by the Lessee and on the date specified in any such notice,all right,title and interest of
the Lessee thereunder shall thereupon expire as fully and completely as if the date specified in such
notice were the date specifically fixed herein for the expiration of the term of this lease, and the
Lessee shall then peaceably and quietly quit the Leased Premises and surrender the same to the
Lessor, but the Lessee shall remain liable as hereafter provided. In the event any such notice is
given,the Lessor shall have the immediate right of re-entry and possession of the Leased Premises
(low
and the right to remove all persons and property therefrom subject to the rights of tenants under
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 12
existing subleases(tenant leases)to which the Lessor may have consented. Should the Lessor elect
(kir
to re-enter as herein provided,or should the Lessor take possession pursuant to any notice provided
for by law,the Lessor may from time to time re-let the Leased Premises,or any part thereof for such
term or terms and at the best available rentals prevailing in the market area and upon such terms and
conditions as the Lessor may deem advisable,with the right to make alterations in and repairs of the
Leased Premises.
In the event of any termination of this lease as in this Section 18 above,provided or as other
wise permitted by law, the Lessor may enter upon the Leased Premises and again have, repossess,
and enjoy the same as if lease had not been made and,in any such event,neither the Lessee nor any
person claiming through or under Lessee by virtue of any statute or of an order of any court shall
be entitled to possession or to remain in possession of the Leased Premises,but shall forthwith quit
and surrender the Leased Premises. Nothing herein contained shall,however,limit or prejudice the
right of the Lessor in any bankruptcy or reorganization or insolvency proceedings to prove for and
obtain, as liquidated damages by reason of such termination, an amount equal to the maximum
allowed by any statute or rule of law in effect at the time when and governing the proceedings in
which, such damages are to be proved.
If the Lessor shall re-enter and obtain possession of the Leased Premises by reason of or
following an event of default,whether or not this lease shall have terminated,the Lessor shall have
the right,without notice,to repair or alter the Leased Premises in such manner as to the Lessor may
seem reasonably necessary or advisable so as to put the Leased Premises in good order and to make
the same rentable, and shall have the right, at the Lessor's option, to re-let the Leased Premises or
any part thereof.
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19. ADDITIONAL RIGHTS
No right or remedy herein conferred upon or reserved to either party is intended to be
exclusive of any other right or remedy,and each and every right and remedy shall be cumulative and
in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in
equity or by statute. The failure of either party to insist at any time upon the strict performance of
any of the covenants or agreements or to exercise any option,right,power or remedy contained in
this lease, shall not be construed as a waiver or a relinquishment thereof for the future. A receipt
by the Lessor of any Basic Rent or any additional rent with knowledge of the breach of any covenant
or agreement contained in this lease shall not be deemed a waiver of such breach,and no waiver by
either party of any provision of this lease shall be deemed to have been made unless expressed in
writing and signed by such party. In addition to the other remedies provided in this lease,each party
(itto
shall be entitled to injunctive relief in case of violation,or attempted or threatened violation,of any
of the covenants, agreements, conditions or provisions of this lease or to a decree compelling
performance of any of the covenants, agreements, conditions or provisions of this lease or to any
other remedy allowed to either party at law or in equity.
If either party shall be in default in the performance of any of its obligations under this lease,
and an action shall be brought for the enforcement thereof in which it shall be determined that a
party was in default, the losing party shall pay to prevailing party all the expenses incurred in
connection therewith, including reasonable attorney's fees.
If the Lessor shall, without fault on its part, be made a party to any litigation commenced
against the Lessee, and if the Lessee shall fail to provide the Lessor with counsel, the Lessee shall
pay all costs and reasonable attorney's fees incurred or paid by the Lessor in connection with such
(low
litigation.
Z:\WPDATA\FMMasterLease-Lukenda.wpd 14
20. MEMORANDUM OF LEASE
(kw
The Lessor and Lessee shall execute a short form memorandum of this lease for recording
purposes in the county in which the Leased Premises are located.
21. ADDITIONAL REPRESENTATIONS BY LESSEE
The Lessee herein makes the following representations as the basis for its covenants herein:
A. The execution and delivery of this lease, the consummation of the transactions
contemplated hereby, and the fulfilment of the terms and conditions hereof do not and will not
conflict with or result in breach of any of the terms or conditions of any state or local law.
22. ESTOPPEL CERTIFICATES
Either party to this lease will, at any time from time to time, upon no less than ten (10)
business days' prior request by the other party execute, acknowledge and deliver to the requesting
party a statement in writing,executed by an executive officer of such party,certifying that this lease
(16y.
is unmodified and in full force and effect and the date to which the Basic Rent and additional rent
and other charges have been paid, if such be the case, and further stating whether or not to the
knowledge of the signer of such certificate that the other party is in default in the performance of
any covenant, agreement or conditions contained in this lease and, if so, specifying each such
default of which the signer may have knowledge,it being intended that any such statement delivered
pursuant to this Section 22 may be relied upon by any prospective purchaser or mortgagee of the
Leased Premises or any assignee of such mortgagee or a purchaser of the leasehold estate.
23. NOTICES, DEMANDS AND OTHER INSTRUMENTS
All notices, demands, requests, consents, approvals, undertakings and other instruments
required or permitted to be given pursuant to the terms hereof shall be in writing and shall be
deemed to have been delivered to an officer of the party to whom the notice is addressed or if sent
fikw.
by registered or certified United States mail,postage prepaid,addressed to such party at its address
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 15
first above set forth. The Lessor or the Lessee shall, from time to time,have the right to specify as
(kie
its proper address for the purpose of this lease any other address in the United States upon giving
ten(10) business days' notice thereof to the other party.
24. NO MERGER
There shall be no merger of this lease or of the leasehold estate hereby created with the fee
estate in the Leased Premises or any part thereof by reason of the fact that the same person may
acquire or hold directly or indirectly,this lease or the leasehold estate hereby created of any interest
in this lease or in such leasehold estate as well as the fee estate in the Leased Premises or any
interest in such fee estate.
25. SURRENDER
Upon the expiration or sooner termination of this lease, the Lessee shall peaceably and
quietly leave, yield up and surrender the Leased Premises to the Lessor in the same condition in
which the Leased Premises were received from the Lessor at the commencement of the term of this
lease,ordinary wear and tear excepted,but clean,orderly and free of occupants,except those tenants
occupying space pursuant to leases which have been approved by the Lessor pursuant to Section 17.
Subject to the provisions of Section 14(b),the Lessee shall remove from the Leased Premises within
five(5)business days after such expiration or sooner termination all property situated thereon which
is owned by the Lessee and the Lessee shall,at its sole cost and expense,repair any damage caused
by such removal. Property of the Lessee not so removed shall become the property of the Lessor,
which Lessor may thereafter cause to be removed from the Leased Premises and disposed of, but
the cost of any such removal and disposition as well as the cost of repairing any damage caused by
such removal shall be borne by the Lessee.
L
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 16
(16.,
26. SEPARABILITY
Each and every covenant and agreement contained in this lease shall be and for all purposes
construed to be a separate and independent covenant and agreement and the breach of any covenants
or agreements contained herein by the Lessor shall in no way or manner discharge or relieve the
Lessee from the Lessee's obligation to perform each and every covenant and agreement contained
herein. If any term or provision of this lease or the application thereof to any person or
circumstances shall to any extent be invalid or unenforceable, the remainder of this lease or the
application of such term or provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each term and provision of this lease
shall be valid and shall be enforced to the fullest extent permitted by law.
27. BINDING EFFECT
(be
All of the covenants,conditions and obligations herein contained shall be binding upon and
inure to the benefit of the respective successors and assigns of the parties hereto to the same extent
as if such successor and assign were in each case named as a party to this lease. This lease may not
be changed, modified or discharged except by a writing signed by the Lessor and Lessee.
28. HEADINGS AND TERMS
The headings to the various sections of this lease have been inserted for reference only and
shall not in any manner be construed as modifying, amending or affecting in any way the express
terms and provisions hereof. The term"person"when used in this lease shall mean any individual,
corporation, partnership, firm, trust,joint venture, business association, syndicate, combination,
organization or any other person or entity. The term "business day"when used in this lease shall
mean any day other than Saturday, Sunday or any legal holiday under the laws of the United States
L
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 17
or the state where the property is located. The terms "renewal period", "renewal term" and
"extended term" are used synonymously.
29. RIGHT TO INSPECT
Lessee understands and acknowledges that the Lessor shall have the right to enter upon the
premise upon reasonable request to the Lessee for the purposes of inspection at any time during the
term of the Lease. The Lessor acknowledges that the Lessee is a governmental agency,has certain
records and documents that are confidential by law,and no inspection of the premises grants Lessor
any right to inspect any documents that, by virtue of law, are private, confidential, or privileged.
Lessor further acknowledges that any inspection during normal business hours must be subject to
the right of the public to receive governmental services during normal business hours.
30. NO POWER TO CHARGE REVERSION
The Lessee shall not have the power to do any act or make any contract which may create
or be the foundation for any lien upon the present estate, reversion or other estate of the Lessor in
the Leased Premises or the improvements thereon.
31. LAW
This agreement shall be governed by the laws of the State of Arizona and specifically the
provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF,the parties hereto have executed sealed and delivered this Lease,
containing pages 1 through 20 inclusive in quadruplicate by their duly authorized officers as of the
date first above written.
Lessor:
562502 ONTARIO, INC., an
Ontario (Canada) corporation
(ow By
Title
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(kw STATE OF )
) ss
County of )
The foregoing document was subscribed and sworn to before me by a person who
acknowledged his/her authorization to execute this agreement on behalf of the above-noted
corporation this day of , 2000.
Notary Public
My Commission expires:
Lessee:
THE TOWN OF FOUNTAIN HILLS
L
By
Sharon Morgan, Mayor
ATTEST:
Cassie Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
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Z:\WPDATA\FH\MasterLease-Lukenda.wpd 19
EXHIBIT "A"
(lbw
All that certain parcel of land in the County of Maricopa, State of Arizona, being a portion
of Section fourteen (14), Township Three (3)North, Range six(6), East of the Gila and Salt River
Base and Meridian, being more particularly described as follows:
Commencing at the centerline intersection of Verde River Drive, 84.00 feet in width and
Palisades Boulevard, 110.00 feet in width as shown on Plat of Recorded Tract No. 208 as recorded
in Book 144 at page 4 of Official records of said County;thence northwesterly along the centerline
of said Palisades Boulevard, North 69 degrees 21 minutes, 52 seconds West, 352.50 feet; thence
North 20 degrees, 38 minutes,08 seconds East, 55.00 feet to the TRUE POINT OF BEGINNING;
thence North 02 degrees 30 minutes, 00 seconds East, 184.63 feet; thence North 69 degrees, 31
minutes,32 seconds West,22.95 feet;thence North 02 degrees,30 minutes,00 second East, 155.00
feet to a point on the Southerly right-of-way line of La Montana Drive,84.00 feet in width as shown
(Ow
on Plat of Recorded Tract No. 102, as recorded in Book 142 at page 12 of Official Records of said
County;thence Southeasterly along said Southerly right-of-way line,South 87 degrees,30 minutes,
00 seconds East, 260.90 feet to the beginning of a tangent curve being concave Northwesterly and
having a radius of 542.00 feet; thence Northeasterly along said curve through a central angle of 21
degrees, 00 minutes, 00 seconds and an arc distance of 198.654 feet; thence tangent from last said
curve North, 71 degrees, 30 minutes, 00 seconds East, 178.55 feet; thence South 02 degrees, 30
minutes,00 seconds West,643.23 feet to a point on the Northerly right-of-way line of said Palisades
Boulevard; thence Northwesterly along said Northerly right-of-way line North 69 degrees, 21
minutes, 52 seconds West, 631.37 feet to the TRUE POINT OF BEGINNING.
L
Z:\WPDATA\FH\MasterLease-Lukenda.wpd 20
MEMORANDUM
(to
TO: HONORABLE MAYOR MORGAN AN
TOWN COUNCILMEMBERS
FROM: PAUL L. NORDIN, TOWN MANAGER
DATE: SEPTEMBER 15, 2000
RE: DEVELOPMENT FEE ADOPTION SCHEDULE
I have reviewed the applicable State statutes (A.R.S. 9-463.05) (copy attached). As a
result, I am recommending the following adoption schedule for our new Fountain Hills
development fees:
DATE ACTION
September 21, 2000 Council Meeting Council agrees to development fee adoption
schedule
thole
September 27, 2000 30-day notice published in the Times
November 2, 2000 Council Meeting Formal public hearing held concerning the
Council's intention to assess new
development fees
November 16, 2000 Council Meeting Development fees scheduled for possible
adoption by the Town Council
February 15, 2001 Earliest possible effective date of new
development fee ordinance
This above schedule represents the earliest date that the Fountain Hills development fees
could be adopted. The Council has the ability to lengthen the schedule but not to shorten
it.
Cc: Jeff Valder, Bill Farrell, Rick Giardina, Tom Pipin
L
MUNICIPAL SUBD. REGULATIONS § 9-463.05
Ch. 4
Note 1
assessed pursuant to this section shall not be effective until ninety days after its
formal adoption by the governing body of the municipality. Nothing in this
subsection shall affect any development fee adopted prior to July 24, 1982.
Added by Laws 1982, Ch. 187, § 2. Amended by Laws 1988, Ch. 320, § 1; Laws 1991,
Ch. 273, § 1.
i So in original. Probably should be "in cash or by taxes,".
2 Section 48-701 et seq.
Historical and Statutory Notes
Laws 1982, Ch. 187, § 1 provides: The 1991 amendment, in subsec. B, inserted
"Section 1. Legislative intent the last sentence in par. 2, inserted the second
"The Arizona legislature:
tense in par. 4; and rewrote subsec. C.
sentence in par. 3, and inserted the last sen-
tence Finds and declares that affordable hous-
ing is a matter of statewide concern. Laws 1991, Ch. 273, § 2, provides:
.2. Recognizes and supports reasonable lim- "Sec. 2. Applicability
itations on government regulation. "The provisions of this act apply only to de-
"3. Intends by this act to prescribe a uni- velopment fees adopted after the effective date
form method by which cities and towns may set of this act. Nothing in § 9-463.05, Arizona
development fees. Revised Statutes, as amended by§ 1 of this act,
shall ffect"4. Intends that this act apply uniformly to to theaeffect vey ateeofp this nactee adopted prior
all cities and towns in this state, notwithstand-
ing any city or town charter, act, ordinance or 1982 Reviser's Note:
resolution."
Pur
nt to authf §
The 1988 amendment, in subsec. B, added "days'" was sub t tutedlty for "days" in1 su0bs0ec-
par.6.
tion C.
Library(itio
References fer ences
Municipal Corporations «406(1).
WESTLAW Topic No. 268.
C•Q•S• Municipal Corporations § 1294.
Notes of Decisions
D��riminatory assessment 2
Rational basis 1 Arizona v. City of Scottsdale (App. Div.1 1993)
179 Ariz. 5, 875 P.2d 1310, review granted,
supplemented.
1' Rational basis Evidence was sufficient to establish that ordi-
Munici nance authorizing water resource development
plans Municipality is not required to have specific fee would result in beneficial use based on plans
that must yield specific results to specific to develop new water supplies to support
development within given period of time before development, though remand was required to
may
een assess development fees; only require- determine whether fee bore reasonable relation-
►ha that municipality have some basis for ship to burden placed on municipality. Home
and at withstands clearly erroneous, arbitrary, Builders Ass'n of Cent.Arizona v. City of Scotts-
Ass'n unwarranted test. Home Builders dale (App. Div.1 1993) 179 Ariz. 5, 875 P.2d
(App ofCent. Arizona v. City of Scottsdale 1310, review granted, supplemented.
revw Div.1 1993) 179 Ariz. 5, 875 P.2d 1310, Development fee meets reasonable relation-
granted, supplemented. ship requirement so long as fee bears reason-
Deyeopment fees are not subject to restrictive able relationship to method of obtaining benefi-
cifie al assessment-like standards requiring spe- cial use; fact that municipality may spend fees
i(ic fees;and
definite plans and direct benefit from on projects not originally planned does not in-
al basin nicipality need only show some ration- validate calculation. Home Builders
for setting Assn of
being clearly amount of fee for it to avoid Cent. Arizona v. City of Scottsdale (App. Div.1
Un�arranted. erroneous,HmeBuilders aAss Ass'nd of Cent. ed9su 3) 179 Ariz. 5,supplemented.
875 P.2d 1310, review grant-
PP
183
L
(ow § 9-463.04 CITIES AND TOWNS
Title 9
Law Review Commentaries
Private land use, public regulation. Milton R.
Schroeder, Law & Soc. Order, 1973, p. 747.
§ 9-463.05. Development fees; imposition by cities and towns
A. A municipality may assess development fees to offset costs to the munici-
pality associated with providing necessary public services to a development.
B. Development fees assessed by a municipality under this section are
subject to the following requirements:
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees assessed pursuant to this section
shall be placed in a separate fund and accounted for separately and may only
be used for the purposes authorized by this section. Interest earned on monies
in the separate fund shall be credited to the fund.
3. The schedule for payment of fees shall be provided by the municipality.
The municipality shall provide a credit toward the payment of a development
fee for the required dedication of public sites and improvements provided by
the developer for which that development fee is assessed. The developer of
residential dwelling units shall be required to pay development fees when
construction permits for the dwelling units are issued.
4. The amount of any development fees assessed pursuant to this section
must bear a reasonable relationship to the burden imposed upon the municipal-
ity to provide additional necessary public services to the development. The
municipality, in determining the extent of the burden imposed by the develop-
ment, shall consider, among other things, the contribution made or to be made
in the future in cash by taxes,' fees or assessments by the property owner
towards the capital costs of the necessary public service covered by the
development fee.
5. If development fees are assessed by a municipality, such fees shall be
assessed in a non-discriminatory manner.
6. In determining and assessing a development fee applying to land in a
community facilities district established under title 48, chapter 4, article 6,2 the
municipality shall take into account all public infrastructure provided by the
district and capital costs paid by the district for necessary public services and
shall not assess a portion of the development fee based on the infrastructure or
costs.
C. A municipality shall give at least thirty days' advance notice of intention
to assess a new or increased development fee and shall release to the public a
written report including all documentation that supports the assessment of a
new or increased development fee. The municipality shall conduct a public
hearing on the proposed new or increased development fee at any time after the
expiration of the thirty day notice of intention to assess a new or increased development fee and at least fourteen days prior to the scheduled date of
adoption of the new or increased fee by the governing body. A development fee
182
Loi Town of Fountain Hills
Memorandum
DATE: September 15, 2000
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder,Director of Community Developme
FROM: Paul L. Nordin, Town Manager
SUBJECT: Consideration of initiating an amendment to the "C-2 PUD Intermediate
Commercial Planned Unit Development Zoning District Ordinance" that
was adopted by Ordinance 00-06, AKA the Shea Retail Center(Target)
property, so that "automobile fuel dispensing stations or gasoline sales"
and "convenience stores" are permitted only by Special Use Permit.
Councilmember Fraverd has requested that the Town Council consider initiating an
amendment to the "C-2 PUD Intermediate Commercial Planned Unit Development
Zoning District" that was recently adopted for the Shea Retail Center property.
(kof Ordinance 00-06 currently permits "automobile fuel dispensing stations or gasoline sales"
and"convenience stores" by right, and no special Town approvals are needed.
At the Town Council's last meeting Ordinance 00-20 was adopted by a vote of 7-0.
Ordinance 00-70 modified Chapter 12 of the Zoning Ordinance so that "automobile fuel
dispensing stations or gasoline sales" and "convenience stores" can only be developed by
Special Use Permit. It is Councilmember Fraverd's desire that if"automobile fuel
dispensing stations or gasoline sales" and/or"convenience stores" are proposed within
the Shea retail Center, that they too should only be permitted by Special Use Permit.
An amendment to The Zoning Ordinance for the Town of Fountain Hills, such as the one
proposed by Councilmember Fraverd, can be initiated by a simple majority of the Town
Council. However, if this proposed amendment is initiated and the property owner
objects to the proposed amendment, a 3/4 majority of the Town Council, or six of the
seven Councilmembers would need to vote in the affirmative to adopt the amending
ordinance.
The following is the proposed amendment to Section 5 of Ordinance 00-06. New text is
shown as double-underluned and language to be deleted is shown as .
Town Council Memorandum
Inititiation to Ordinance 00-06
September 15,2000
Page 2 of 3
Section 5. The following uses are specifically permitted within this "C-2 P.U.D."
Zoning District:
A. Any Uses Permitted in the C-O Zoning District.
B. Any of the Following Commercial Uses:
1. Amusement arcades enclosed within a building.
2. Appliance sales,repair and service.
3. Automotive fuel dispensing stations or gasoline sales,by Special Use Permit only.
4. Automobile laundries, car washes or automobile detailing businesses only as an
accessory use to an automobile fuel dispensing station.
5. Bakeries.
6. Banks.
7. Barbershops.
8. Bars-On premise consumption only. No adult entertainment.
9. Blueprint,photostatic and reproduction (copy) services.
10. Bookstores, other than adult bookstores.
11. Catering establishments not utilizing any manufacturing process or outside storage of
materials or vehicles.
12. Child care centers.
(61, 13. Convenience Stores by Special Use Permit only.
14. Conservatories or studios: Visual arts, dancing or music. Includes the creation, display
and sale.
15. Drive-in restaurants and refreshment stands.
16. Drive-in window facilities.
17. Dry-cleaners.
18. Dry-goods and notions.
19. Florists (retail).
20. Food Stores.
21. Furniture stores: New,used, finished or unfinished;No manufacturing.
22. Gift Shops.
23. Hardware stores.
24. Health spas and public gyms.
25. Insurance agencies.
26. Kennels, indoor, but outdoor kennels are not permitted.
27. Laboratories,medical or dental.
28. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without
alcoholic beverage service.
29. Outside storage for the retail sale of landscape materials as an accessory use of a major
tenant, provided that all outdoor storage areas are screened from public view and the
view from adjoining properties.
30. Parking lots and public garages, subject to parking standards in Chapter 7.
Cp. 31. Pharmacies.
32. Photo shops.
Town Council Memorandum
Inititiation to Ordinance 00-06
September 15,2000
(11100, Page 3 of 3
33. Photo studios.
34. Printing,lithography and publishing establishments.
35. Private schools for academic instruction.
36. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages — On
premise consumption only).
37. Retail stores.
38. Theaters, but not including a drive-in theater or adult oriented facilities as defined under
Chapter 1, Section 1.12 of this Ordinance.
39. Variety stores.
40. Veterinary hospitals and clinics for animals.
41. Wearing apparel stores.
42. Accessory buildings and uses customarily incidental to the above.
Because no list of uses can be complete, the Community Development Director will render
decisions on additional uses with appeal to the Town Council.
The following uses are specifically prohibited within this "C-2 P.U.D."Zoning District:
1. Amusement parks, arcades, drive-in or outdoor theaters, miniature golf courses, and
golf driving ranges.
2. Automobile repair shops and garages.
3. Cemeteries,pet cemeteries, or mausoleums.
4. Golf Courses as a primary use, including clubhouses located thereon, including
miniature courses or practice driving ranges operated for commercial purposes.
5. Hotels and Motels
6. Laundries, self-serve or coin operated.
7. Metal and ornamental iron shops.
8. Mortuaries.
9. Plumbing shops.
10. Pool halls or billiard centers.
11. Private schools for vocational education.
12. Public schools.
13. Radio and television broadcasting stations and studios, but not including transmitter
towers and stations.
14. Sports arenas.
15. Trade schools.
16. Upholstery shops.
17. Any commercial activity between the hours of 12 AM and 6 AM Monday mornings
through Friday Mornings, and between the hours of 1 AM and 6 AM on Saturday and
Sunday Mornings.
Lie
MEMORANDUM
TO: THE HONORABLE MAYOR MORGA14 ND OfriN COUNCIL
FROM: PAUL L. NORDIN, TOWN MANAGER P r,,y/
;
DATE: SEPTEMBER 15, 2000
RE: COUNCIL-APPOINTED COMMISSIONS AND
COUNCIL-FORMALIZED COMMITTEES
Councilmember Fraverd has requested staff to research the Town's varied
commissions/committees and to make recommendations for possible standardization.
This report reviews both the council-appointed standing commissions and the "adhoc"
committees or sub-committees formalized by the council.
For comparison purposes, included with each commission/committee's description are its
defined purpose, number and description of members, method of appointing members,
frequency of meetings, length of member term, year established, date of last meeting, and
(kiw related information.
COUNCIL-APPOINTED STANDING COMMISSIONS
Planning and Zoning Commission
Purpose: "To formulate, create and administer any lawful plan duly adopted
by the governing body for the present and future growth of the
Town pertaining to the use of land and buildings for any
purpose..., to make or cause to be made a continuous study of the
best present and future use to which land and buildings shall be put
..., to recommend to the governing body revisions in such plans,
which in the opinion of the Commission, are for the best interest of
the citizens of Fountain Hills, to promulgate rules of procedure and
to supervise the enforcement of rules so promulgated by said
Commission and approved by the governing body."
Number of Members: 7
Members consist of: Town residents
Length of Member Term: Two years overlapping
Method of Appointment: Vacancies are advertised for a period of three weeks or
longer, applicants are interviewed, the Mayor makes a
(6110'
Page 1 of 8 09/15/00
recommendation subject to the approval of the Council.
The entire Council then appoints the member. *
Commission members select Chair and Vice-Chair
annually.
Frequency of Meetings: Twice per month, on the second and fourth Thursdays of
each month.
Date of Last Meeting: September 14, 2000
Year Established: 1990
Comment: *There is a discrepancy in the zoning ordinance, where a
slightly different procedure is described. In the zoning
ordinance, the committee members are simply appointed by
the Town Council. The Town Attorney has ruled that the
Town Code provisions calling for the Mayoral
recommendation controls.
Board of Adjustment
Purpose: To hear appeals concerning the interpretation or
administration of the zoning code, and to hear and decide
appeals for variances from terms of the zoning code only.
Number of Members: 5
Length of Member Term: Two years overlapping
Members consist of: Town residents
Method of Appointment: Vacancies are advertised for a period of three weeks or
longer, applicants are interviewed, the Mayor makes a
recommendation subject to the approval of the Council.
The entire Council then appoints the member. Commission
members select Chair and Vice-Chair annually.
Frequency of Meetings: There is no schedule for BOA meetings. The Board chair
calls meetings on an as-needed basis.
Date of Last Meeting: February 8, 2000
Year Established: 1993
Comment: Prior to the formalization of the BOA, appeals were placed
on Town Council meeting agenda and the councilmembers
themselves performed this function via the voting process.
Parks and Recreation Commission
Purpose: To formulate a recreation program for Fountain Hills
coupled with planning and future park areas for the Town.
Number of Members: No more than 9 (currently there are 8, plus 1 youth
appointed by the Council from the Mayor's Youth Council)
Length of Member Term: Three years overlapping, one year for youth member
(ay Members consist of: Town residents
Page 2 of 8 09/15/00
Method of Appointment: Vacancies are advertised for a period of three weeks or
Llonger. Applicants are interviewed, then the entire Council
appoints the member. Commission members select Chair
and Vice-Chair annually.
Frequency of Meetings: Once per month, on the second Monday of each month
Date of Last Meeting: September 11, 2000
Year Established: 1990
COUNCIL - FORMALIZED COMMITTEES
On occasion, the Town Council establishes "adhoc" committees for various
purposes. For example, prior to the establishment of the McDowell Mountain
Preservation Commission, the "adhoc" McDowell Mountain Preservation Task
Force was formed. In 1996, the McDowell Mountain Preservation Commission was
established, or "formalized" by the Town Council. After the establishment of that
Commission, the Task Force was then dissolved and no longer exists.
Committee members may include volunteers from the general public, interested Town
residents, past and present councilmembers, Town staff, or representatives from
community organizations and businesses.
Some committees are smaller in member number and there is generally less interest
within the community. New members (interested citizens) are usually appointed by the
committee members themselves and there are no specific term lengths, nor specific
number of members required. Meetings of these smaller-sized committees are usually
held on an as-needed basis only. Traditional advertising for members has not been
effective in these instances.
Other committees are established for a specific purpose or task. Once the designated
purpose or task is fulfilled and completed, historically this type of committee is
dissolved. An example of this "specific task" committee is the Library/Museum
Advisory committee. Its current function in an advisory capacity would most likely be
dissolved once its purpose to develop and recommend a plan for the future
library/museum building has been fulfilled.
McDowell Mountain Preservation Commission
Purpose: To work with Town Council and Town staff to recommend
preservation strategies.
Number of Members: 7 members serving on a volunteer basis.
Length of Member Term: There is no specified term length for members.
Members consist of: Town residents
L
Page 3 of 8 09/15/00
Method of Appointment: Vacancies are advertised for a period of three weeks or
longer. The Town Council reviews the applications, and
the Mayor makes a recommendation subject to the approval
of the Council. The entire Council then appoints the
member. Interviews are not mandatory, they are scheduled
at the Council's discretion. Commission members select
Chair and Vice-Chair annually.
Frequency of Meetings: Twice per month, on the first and third Tuesdays
Date of Last Meeting: August 29, 2000
Year Established: 1996
Comment: This Commission continued the efforts of the McDowell
Mountain Preservation Task Force prior to establishment in
1996.
Mayor's Council for Economic Development
Purpose: To improve and promote the economy of the Fountain Hills
area, to diversify and stabilize its economic bases, to
develop new job opportunities for its citizens in a manner
consistent with sustained, prudent and reasonable growth.
Number of Members: 15 at present
Length of Member Term: Currently there is no specific term length for members.
*MCED Bylaws specify different terms (see attached
Article VI, Section 1 of the MCED bylaws).
Members consist of: Presently the Mayor, one Councilmember, Town Manager,
a representative from the Chamber of Commerce, Town
staff member, and members from the community at large.
* MCED Bylaws call for a specific combination of
members (see attached Article VI of the MCED bylaws).
Method of Appointment: Members serve on a voluntary basis at the discretion of
both the Mayor and Chamber of Commerce.
Frequency of Meetings: Meetings are scheduled at the Mayor and Chamber's
discretion.
Date of Last Meeting: September 9, 1998
Year Established: 1991
Comment: The Greater Phoenix Economic Council (GPEC) was
helpful in providing suggestions to this committee when it
was originally established.
L
Page 4 of 8 09/15/00
Adopt a Street Committee
(kw
Purpose: To pick up litter on designated routes within the Town off
Fountain Hills
Number of Members: There are currently approximately 60 commercial and 50
residential participants.
Length of Member Term: Volunteers are asked to participate a minimum of one time
per month for a one-year period.
Members consist of: Town Councilmember as Chair, Street Department
Superintendent, licensed local business members, and the
public.
Method of Appointment: Members serve on a volunteer basis.
Frequency of Meetings: Once per month
Date of Last Meeting: August 31, 2000
Year Established: 1995
Community Center Advisory Committee
Purpose: To plan the uses and design, including services and
amenities for the new community center building, and to
assist in the formation of an advisory committee to select a
project architect.
Number of Members: 14
Length of Member Term: Members serve on a voluntary basis.
Members consist of: Chairman, Mayor, representatives from. Town staff,
interested citizens
Method of Appointment: Members serve on a volunteer basis.
Frequency of Meetings: As needed
Date of Last Meeting: TBD
Year Established: 1996
Comment: The Council formally approved the appointment of an
official "Community Center Advisory Commission" to
continue with the efforts of the former Community Center
Action Committee, which was therefore dissolved.
LEAP(Law Enforcement Advisory Committee)
Purpose: To work in an advisory capacity in conjunction with the
Marshals Department's commitment to community based
policing.
Number of Members: 10
Length of Member Term: Members serve on a volunteer basis.
Members consist of: Town residents, interested citizens
(itor Method of Appointment: Marshal Gendler and Lt. Penrose appoint the members.
Page 5 of 8 09/15/00
Frequency of Meetings: Once per month
Date of Last Meeting: April 2000, next meeting scheduled September 2000
Year Established: 1999
Traffic Standards Committee
Purpose: To study traffic standards and make recommendations to
the Town Council.
Number of Members: 7, and 2 ex-officio from the Planning & Zoning and Parks
&Recreation Commissions are invited to attend
Length of Member Term: Members serve on a volunteer basis.
Members consist of: Town Councilmember as Chair, representatives from the
Town Engineering Dept., Marshal Dept., LEAP, MCSO,
and a private citizen.
Method of Appointment: Members are appointed by the Committee.
Frequency of Meetings: Six times per year, every other month
Date of Last Meeting: August 8, 2000
Year established: 1999
Fountain Hills Arts Council
Purpose: As the official art organization for the Town and authorized
Arts Council, to represent the Town including applications
for grants and acceptance of donations, and to provide
information and advocate existing and potential
partnerships on matters relating to public art.
Number of Members: No specific number of members is required.
Length of Member Term: Members serve on a volunteer basis.
Members consist of: Town residents, interested citizens
Method of Appointment: Members are appointed by the Committee members.
Frequency of Meetings: As necessary
Date of Last Meeting: TBD
Year established: 1995
Cattleguard Alliance
Purpose: To assist Fountain Hills in its quest to solve drug problems
within the Town.
Number of Members: 15, including two co-chairs, and a Treasurer. Since this
committee is subject to the AZ Corporation Commission's
regulations, a minimum of four and not more than fifteen
members is required.
Length of Member Term: Members serve on a volunteer basis.
(ior Members consist of: Town residents, interested citizens
Page 6 of 8 09/15/00
Method of Appointment: Members are appointed by members of the Alliance.
Frequency of Meetings: Second Thursday of each month
Date of Last Meeting: September 14, 2000
Year established: 1994
Citizen Leadership and Development Committee
Purpose: To establish a study committee to work with the Town and
with the Boys and Girls Club of Scottsdale to advance its
goals and objectives in the Town of Fountain Hills.
Number of Members: No specific number of members is required.
Length of Member Term: Members serve on a volunteer basis.
Method of Appointment: Members are appointed by members of the Committee.
Frequency of Meetings: As necessary and scheduled by members of the Committee.
Date of Last Meeting: June 2000
Year established: 2000
Town Activity Centers Committee (TAC Committee)
Purpose: To examine the existing Town-owned facilities and make a
recommendation as to the future use of the facilities.
Number of Members: 5 (one Town representative, four past councilmembers)
Length of Member Term: Members serve on a volunteer basis.
Coe Members consist of: Town representative(s), past councilmembers
Method of Appointment: Members were appointed at formation of committee.
Frequency of Meetings: As necessary and scheduled by members of the Committee.
Date of Last Meeting: TBD
Year established: 1998
Local Transportation Activities Fund (LTAF)
Purpose: To review applications for non-profit groups and
organizations that demonstrate a significant contribution to
the community, and make recommendations for
distribution.
Number of Members: No specific number of members is required.
Length of Member Term: Members serve on an annual basis.
Members consist of: Town residents, interested citizens
Method of Appointment: Historically, all interested residents may become members.
Frequency of Meetings: Once per year.
Date of Last Meeting: 1999
Page 7 of 8 09/15/00
Community Plaza Courtyard Committee (Lineal Mall)
(tto
Purpose: To formulate a conceptual design plan for the community
plaza/courtyard/lineal mall and make appropriate
recommendations.
Number of Members: No specific number of members is required.
Length of Member Term: Members serve at the Mayor's discretion.
Members consist of: Representatives from Town staff, Planning & Zoning,
Parks & Recreation, Chamber of Commerce, architect,
MCO, Arts Council, Community Center Advisory
Committee, Plat 208 Property Owners Association, Town
Council. The Mayor acts as Chair.
Method of Appointment: Members were invited at the Mayor's discretion.
Frequency of Meetings: As needed
Year established: 1998
Library Museum Advisory Committee
Purpose: To develop and design a plan for the future library/museum
and make appropriate recommendations.
Number of Members: No specific number of members is required.
Length of Member Term: Members serve on a volunteer basis.
Members consist of: Representatives from the Town, Maricopa County Library
LDistrict, Fountain Hills' Historical Society and Library
Association, former councilmember.
Method of Appointment: Members were acknowledged at a Council meeting by the
Mayor and Town Councilmembers.
Frequency of Meetings: As needed
Date of Last Meeting: April 2000
Year established: 1999
As you can see from the above comparison, there is great diversity in the procedures
followed by "adhoc" and standing committees. The three standing commissions have
traditionally advertised for members and the interview/appointment processes for each
seem to be working smoothly.
Council could consider establishing an ordinance amending the appointment process,
standardizing the frequency of meetings, length of member term, number of members, or
any combination of the above. The commissions could be divided into two or three
separate categories; i.e. standing, "adhoc", and specific task. New by-laws could be
created for each category. Council could also solicit comments and suggestions from the
committee members themselves.
Staff will await direction from the Council.
Page 8 of 8 09/15/00
(kay business shall be conducted without a quorum in attendance.
Section 5. Order of Business. At meetings of the Council,business shall be transacted
in such order as identified on a meeting agenda. At all meetings of the Board, the Chairman,
or in his/her absence, the Vice Chairman, shall preside. If both are absent, the members of the
Board present shall select by majority consent one of their number to serve as Acting Chairman
for that meeting only. The Secretary of the Council shall act as Secretary at all meetings of the
Council, and in the case of his/her absence, the Chairman of the meeting may designate any
person in attendance to act as Secretary.
ARTICLE VI
COUNCIL
-- 72 Section 1. Number, Terms of Office and Selection. The government, business and
property of the Mayor's Council For Business Growth shall be managed and controlled by its
Councilmembers. The Council shall consist of (9) members who shall serve for three (3) year
staggered terms. Three (3) of the nine Councilmembers shall be appointed by the Mayor and
Town Council of the Town of Fountain Hills. Five (5) Councilmembers shall be appointed by
the Fountain Hills Chamber of Commerce's Board of Directors with three (3) of these five (5)
appointments made from among the Fountain Hills Chamber of Commerce Board of Directors
themselves, and one (1) of these three (3) appointments may be the Executive Director of the
Chamber of Commerce. The remaining two (2) Chamber of Commerce appointments shall come
from the general membership of the Fountain Hills Chamber of Commerce. The Master
Developer will appoint one (1) Councilmember. To provide for staggered three (3) year terms,
the Mayor shall designate from among those appointed by the Mayor and Town Council, one (1)
Page3of9
(ia, person to serve a one (1) year term, one (1) person to serve a two (2) year term and one (1)
person to serve a three (3) year term. The President of the Fountain Hills Chamber of Commerce
shall also designate one (1) person to serve a one (1) year term, one (1) person to serve a two
(2) year term, and one (1) person to serve a three (3) year term. The Council will determine the
term of office of the remaining three (3) appointments. Councilmembers appointed by the
Mayor and Town Council shall be elected officials, employees of the Town of Fountain Hills or
citizens of the Town. Members of the Council may be reappointed to successive terms in office.
Each director shall hold office until his/her successor shall have been appointed and qualified.
Section 2. Vacancies. In the case of any vacancy on the Council through death,
resignation, disqualification, or other cause except by expiration of their term, a successor shall
be appointed to hold the office for the unexpired portion of the term. The successor shall be
L. appointed from the ranks of the organization represented by his predecessor as specified in
Article VII, Section 1.
Section 3. Removal from Council. A member of the Council may be removed from
the Board upon recommendation to the appointing body for just cause as determined by a two-
thirds (2/3) majority of the Council.
Section 4. Neither Councilmembers nor Officers shall receive any compensation for
their services, however, they may be reimbursed for expenses incurred which are directly related
to their duties as Councilmembers or Officers.
(tir Page 4 of 9
(kw Town of Fountain Hills
Memorandum
DATE: September 1,2000
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder,Director of Community Developmen
THROUGH: Paul L. Nordin,Town Manager
SUBJECT: Consideration of Ordinance 00-19, an amendment to Chapters 5 and 10 of The Zoning
Ordinance for the Town of Fountain Hills that would provide additional regulations and
restrictions regarding lot size and lot width for proposed single-family-zoned lots so that
resubdivided single-family-zoned lots are consistent in size and width with existing platted
lots in the immediate vicinity.
Several weeks ago the Town Council passed Ordinance 00-08 that amended Section 3.08,Lot Planning,
of The Subdivision Ordinance of the Town of Fountain Hills. This amendment added regulations to
ensure that when existing single-family zoned platted lots were resubdivided,the new lots would be
compatible in lot size and lot width with neighboring platted lots in the same zoning district.
Since the approval of Ordinance 00-08,the Town has been made aware that some property owners in
Fountain Hills believe that the Town's adoption of Ordinance 00-08 violated their rights of due process.
These property owners,through their attorney, believe that because Ordinance 00-08 affected minimum
lot width and size regulations, that Ordinance 00-08 effectively rezoned their property without proper
public notice or public hearings. Ordinance 00-08, like any ordinance amending the subdivision
ordinance, was not legally required to be publicly advertised nor were public hearings required to be held.
Therefore, in order to ensure that the Town is providing every opportunity to provide the public proper
notice and the ability to testify on the matter during public hearings, staff is requesting the approval of the
following amendment to The Zoning Ordinance for the Town of Fountain Hills. The process of the
Town's consideration of this amendment will provide the public notice and the opportunities to testify at
public hearings that these property owners desire. Making this amendment to The Zoning Ordinance for
the Town of Fountain Hills will also clearly document the intent of Ordinance 00-08 in the Zoning
Ordinance. This amendment should prove helpful to property owners,developers and land speculators so
that if and when they investigate the possibility of resubdividing single-family zoned platted lots,the lot
size and lot width compatibility regulations included in Ordinance 00-08 and in the proposed ordinance
will be clearly presented in the Zoning Ordinance.
On August 10, 2000 the Planning and Zoning Commission unanimously recommended Town Council
approval of Ordinance 00-19. Staff also recommends Town Council approval of Ordinance 00-19.
TOWN OF FOUNTAIN HILLS
(to ORDINANCE#00-19
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 5, SECTION 5.03 AND CHAPTER 10, SECTION 10.09
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN
HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PROVIDE ADDITIONAL REGULATIONS AND RESTRICTIONS
REGARDING LOT SIZE AND LOT WIDTH FOR PROPOSED
SINGLE-FAMILY ZONED LOTS SO THAT RESUBDIVIDED
SINGLE FAMILY ZONED LOTS WOULD BE CONSISTENT IN
SIZE AND WIDTH WITH EXISTING PLATTED LOTS IN THE
SAME ZONING DISTRICT IN THE IMMEDIATE VICINITY.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which
adopted The Zoning Ordinance for the Town of Fountain Hills,and;
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides
for a procedure to amend said ordinance,and;
(110 WHEREAS, The Town of Fountain Hills desires to amend its regulations to provide additional
regulations and restrictions regarding lot size and lot width for proposed single-family-
zoned lots so that resubdivided single-family-zoned lots are consistent in size and width
with existing platted lots in the same zoning district in the immediate vicinity, and;
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town
of Fountain Hills have been followed,and;
WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.03 and Chapter 10, Section
10.09 of The Zoning Ordinance for the Town of Fountain Hills and published these
proposed text changes in the official newspaper of general circulation, The Times of
Fountain Hills and Rio Verde on July 26,2000,August 2,9, 16,23 and 30,2000 and;
WHEREAS, Public hearings were advertised in the, and in the July 26, 2000, and in the August 2, 9, 16,
23 and 30, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to
Arizona Revised Statutes §9-462.04,and;
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on
August 10,2000 and by the Fountain Hills Town Council on September 7,2000.
L
(by
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 5, Section 5.03 and Chapter 10, Section 10.09 of The Zoning Ordinance for
the Town of Fountain Hills shall be amended as follows, with text to be added shown as
double-underlined and text to be deleted shown as^"dvut:
CHAPTER 5
GENERAL PROVISIONS
5.03 Redividing of Recorded Lots.
A. No lot may be divided to create a lot not in conformance with these regulations. No lot
shall be divided or combined in any manner other than through subdivision procedures as
specified by the subdivision regulations of the Town of Fountain Hills.
B. In addition to meeting the minimum lot width and lot area regulations of Section 10.09 of
this ordinance, any proposed single-family zoned lot shall have a lot width and lot size
that is consistent with the lot widths and lot sizes of existing platted lots in the immediate
vicinity. Lot width consistency shall mean that no lot shall be created having less than
(kw ninety(90)percent of the lot width of the average of all platted lots in the same zoning
district that are located within 800 feet of the proposed lot. Lot size consistency shall
mean that no lot shall be created having less than ninety (90)percent of the lot size of the
average of all platted lots in the same zoning district that are located within 800 feet of
the proposed lot.
CHAPTER 10
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43,
R1-35,R1-35H,R1-18,R1-10,R1-10A,R1-8,R1-8A,R1-6,R1-6A
10.09 Density,Area,Building and Yard Regulations:
The chart which follows specifies the minimum lot sizes, minimum lot width, maximum building heights,
minimum yard setbacks, lot coverage percentages, and distance between buildings.
(lbw
ORDINANCE 00-19
PAGE 2 OF 4
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 7th day of September,2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
aiv
)1(44-4- -1
Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
//6"( ty(tliteal Rliuotte
au L.No in,Town Manager William E.Farrell,Town Attorney
L
ORDINANCE 00-19
Page 4 of 4
TOWN OF FOUNTAIN HILLS
MEMORANDUM
(bw.
TO: The Honorable Mayor and Town Council
THROUGH: Paul Nordin,Town Manager
FROM: Jeffrey Valder,Community Development Director30)
DATE: August 23, 2000
SUBJECT: Consideration of a replat splitting and existing residential lot into two lots.
The applicant for this request is the Greg and Julia Maraston. They are requesting replat of their
existing residential lot into two lots. The application does not meet the consistency requirements
of the Subdivision Ordinance. Staff recommended denial of this replat to the Planning and
Zoning Commission The Commission unanimously recommended denial of the request. Please
see the attached report for specific details.
TOWN OF FOUNTAIN HILLS
rr PLANNING AND ZONING COMMISSION REPORT
September 7, 2000
CASE NO: S2000-024
LOCATION: Re-Plat Fountain Hills Final Plat 203, Block 9, Lot9.
REQUEST: Consider approval of a replat for Final Plat 203, Block 9, Lot 9, splitting the lot
into two new lots.
DESCRIPTION:
OWNER: Greg &Julia Maraston
APPLICANT: Greg &Julia Maraston
EXISTING ZONING: "R1-18"
EXISTING CONDITION: Lot developed with a single family home
SURROUNDING LAND USES AND ZONING:
NORTH: Single family&vacant: zoned "R1-18"
SOUTH: Single family: zoned R1-18
EAST: Single family&vacant: zoned "R1-18"
WEST: Single family: zoned "R1-18"
SUMMARY:
This request is for preliminary plat approval of a Replat for "Final Plat 203, Block 9, Lot 9"
which splits the lot into two lots. The applicant proposes to add a new lot line running
north south creating two lots off of Inca Avenue.
The applicants, Greg & Julia Maraston, have applied to reconfigure this lot by adding a
common lot line. The existing home was constructed in the northeast corner of the
existing lot 9. The applicants propose to create lot 9B under the existing home, which
would be a 1.03 acre lot with 164 feet of lot frontage on Inca Ave. Lot 9A is proposed to
be a 1.0 acre lot with 145 feet of lot frontage on Inca Ave. The new configuration will
meet all the requirements of the "R1-18" Zoning District for size and dimensions. However
the Subdivision Ordinance requires continuity with 90% of all of the lots located within the
same Zoning District within 800 feet of the proposed lot split. Staff analyzed the lots within
the 800 foot radius from the proposed lots boundaries. Staff analysis concluded that of
the 45 lots found in the radius the average lot width is 175.99 feet with an average lot size
of 1.406 acres. The 90th percentile of these lots is a lot width of 158.39 feet and a lot area
(ow of 1.26 acres. The applicant could adjust lot 9B to the 158.39 feet in width transferring the
extra 5.61 feet to lot 9A. This , however only brings lot 9A to 150.61 feet still short of the
158.39 feet required. In regards to the lot area, neither proposed lot would meet the 1.26
acre requirement.
The proposed Hillside Protection Easements must be adjusted to remove the corner of
Inca Drive and Manitou Court from the H.P.E. Staff visited the site to insure that the
proposed development envelope was buildable and that the H.P.E.'s were accurate.
The proposed development envelope appears to be buildable especially for a walk-out
type home however the aforementioned corner has already been fully landscaped and
therefore cannot be included as a part of the H.P.E. Therefore the slope ananlysis map
must be adjusted accordingly. Staff has no assurances that with the adjustment that the
lot will be able to maintain minimum H.P.E. requirements.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission reviewed this application on July 13, 2000, and
recommended denial. The Commission felt that this denial was appropriate due to the
recent adoption of the consistency requirement of the Subdivision Ordinance. The
attorney for the applicant stated that he felt that this was a rezoning without the benefit a
of notice to the land owners and asked that the Commission not consider the consistency
requirements as he felt that this was a taking of his clients property. Neighbors addressed
the Commission in support of the recommendation for denial stating that they had
intentionally purchased land in this area due to the large lots and the low density.
RECOMMENDATION:
The proposed lots are in compliance with the regulations The Zoning Ordinance for the
LTown of Fountain Hills for lot width and area, however cannot meet the continuity
requirements from The Subdivision Ordinance of the Town of Fountain Hills. Additionally
the proposed H.P.E.'s on lot 9B are not accurate per the staff site visit. The Planning and
Zoning Commission recommends DENIAL of replat S2000-024" Final Plat 203, Block 9, Lot
9".
J)I Nte
.;p j-4" TOWN OF FOUNTAIN HILLS
•� ,, COMMUNITY DEVELOPMENT DEPARTMENT
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Date Filed Fee Paid Accepte By
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GREG NARASTON '"'''a EIN .91.2-44° MONTGOMERY SNEERING A MANAGEMENT,LLC.
PLAT 203 BLOCK 9 LOT 9 'm"°RM """MIA16716 E.PAR/NEW A .SUITE 204
...maw 1 OF1 see AS NOM FOUNTAIN NITS.ARIZONA 85268
—
FINAL PLAT (480)837-1845 in at brICNIIIIN or
Law Offices Of
William E. Farrell, P.L.L.C.
(1W Tel(480)837-5750 William E.Farrell Building A
Fax(480)837-5805 16838 E.Palisades Blvd.
Fountain Hills,AZ 85268
MEMORANDUM
TO: Mayor and Council
Town Manager
Town Clerk
FROM: William E.Farrell
Town Attorney
DATE: September 21,2000
RE: Residency Requirement
Specified Town Employees
Councilman Fraverd and Town Manager Paul Nordin have asked me to prepare some material for
discussion, consideration,and possible direction to staff regarding residency requirements of certain full
time employees of the Town of Fountain Hills. At present, our Town Code in section 3-1-1.B. requires
the Town Manager to reside in the Town at the time of his appointment or within six(6)months of the date
of the appointment. The balance of the code and the employee handbook are silent on the issue of
residency.
The Town Code in Chapter Three, Administration, identifies in sections 3-1-1 to 3-1-5 the code
officers as the Town Manager, Town Attorney, Town Magistrate, Town Clerk, Town Marshal and
department heads in section 3-1-6. The department heads are currently the Community Development
Department,Parks and Recreation Department, Public Works Department and Town Marshal.
Residency requirements have been court tested and has been the subject of considerable litigation.
I have asked Joan McIntosh to assist me in gathering some samples of residency requirements from other
communities. I am attaching Rule 13, Employee Residence, of the City of Phoenix Employee Manual.
Staff would suggest that the council consider adding a residency requirement to the employee handbook
rather than codifying it in the Town Code so that the requirement, if adopted, could be explained in
sufficient detail and provisions can be made for both exception and appeal without changing the Town
Code.
Once the issue of residency is determined the next step is the balancing between wages and
affordable housing. Obviously, large cities like Phoenix offer a wide variety of housing choices. Other
communities such as our neighbors in Paradise Valley, Carefree and Cave Creek have more restricted
options in terms of affordable housing. The decision then becomes whether or not the Town of Fountain
Hills will be paying at a wage level that will allow housing to be purchased or rented within the Town
limits. Some sensitivity needs to be given to the constitutional right of travel given to every employee and
(1111, where the perspective employees current residence provides unique social, educational, religious or
medical facilities special consideration also needs to be made.
Memorandum Re: Residency Requirement
Specified Town Employees
September 21, 2000
Page 2
The Phoenix example shows that time limits ranging from 6 to 24 months are acceptable whenever
you are requiring an employee to relocate.
Staff would respectfully request that you discuss the feasibility of such a policy and give the staff
specific directions and order that a specific policy can be drafted and distributed to you for adoption at your
next regular council meeting. Staff would caution you that although individual salaries are public records
there are some privacy and confidentiality issues with the home addresses of the current incumbent town
employees who occupy the code positions and/or department head positions and therefore specific
information regarding the incumbent have not been included. I would suggest that all incumbents be
exempt or if they are not be exempt that a very liberal period of time be provided for compliance.
As always we would be more than happy prior to council meeting to answer any questions you may
have so please do not hesitate to contact me.
Respectfully submitted,
P13...4.24
William E. Farrell
Town Attorney
L
L
Z:\WPDATA\FH\MAYOR\MayorCouncil-Resid Reqmts.mem.wpd
CHAPTER 3 ADMINISTRATION
L
ARTICLE 3-1 OFFICERS IN GENERAL
3-1-1 Town Manager
3-1-2 Town Attorney
3-1-3 Town Magistrate
3-1-4 Town Clerk
3-1-5 Town Marshal
3-1-6 Department Heads
3-1-7 Additional Officers
3-1-8 Bond
3-1-9 Vacancies; Deputies; Holding More Than One Office
3-1-10 Additional Powers and Duties
Section 3-1-1 Town Manager
A. Office Created. The office of the town manager is hereby created and established. The
town manager shall be appointed by the council on the basis of executive and
administrative qualifications with special reference to actual experience in or knowledge of
accepted practice in respect to the duties of office as hereinafter set forth; and he shall hold
office for and at the pleasure of the council.
B. Eligibility. Residence in the town, at the time of appointment, shall not be required as a
condition of appointment. However, within six months from the date of appointment, the
town manager must become a resident of the town, unless an extension of time is granted
by the council.
C. Bond. The town manager shall secure a corporate surety bond to be approved by the
council in such sum as may be determined by the council. The bond shall be conditioned
upon the faithful performance of the duties imposed on the manager as prescribed in this
article. The bond fee shall be paid by the town.
D. Absence. To perform the duties of town manager during the temporary absence or
disability of the permanent town manager, the council may designate a qualified
administrative officer or a member of the council of the town.
E. Removal. The town manager may be removed by the council by a majority vote of its
members immediately for cause or upon ninety days notice without cause. As used herein
and as it relates to the termination of employment of the town manager, the term "for
cause" shall mean malfeasance in office or willful breach or habitual neglect of duties, as
such duties are described in this section or illegal activity within or without the conduct of
this office.
F. Resignation. The manager shall give in writing a sixty day notice of his intention to resign
before leaving the office of town manager.
L
16
ADMINISTRATION
L
G. Compensation. The manager shall receive such compensation as the council shall from
time to time determine, and said compensation shall be a proper charge against such funds
of the town as the council shall designate. The town manager shall be reimbursed for all
sums necessarily incurred or paid by him in the performance of his duties, or incurred when
traveling on business pertaining to the town as approved by the council; reimbursement
shall be made only when a verified itemized claim, setting forth the sums expended for
which reimbursement is requested, has been presented and approved by the council.
H. Powers and Duties. The town manager shall be the administrative officer of the town
government and shall be responsible to the council for the proper administration of all
affairs of the town under the specific direction and control of the council. In addition to the
general powers as the chief administrative officer and not as a limitation thereon, it shall be
the manager's responsibility and authority:
1. To see that all laws and ordinances of the town are duly enforced, and that all
franchises and privileges granted by the town are faithfully observed.
2. To appoint and, when necessary, suspend or remove all employees of the town
except those officers appointed by the council. All appointments and removals shall
be based upon merit and upon the qualifications and disqualifications of such
employee without regard to any political belief or affiliation.
3. To coordinate the administrative functions and operation of the various departments,
low boards, divisions and services of the town government, and on its behalf to carry out
policies, rules, regulations and ordinances adopted by it, relating to the administration
of the affairs of such departments, boards, divisions or services. Such powers and
duties to be subject to the following provisions:
a. That the organizational structure under which municipal services are performed
shall be specified in an organization chart approved by the council.
b. That prior to any creation, combination, consolidation or deletion of any
positions of employment, written job descriptions or amendments thereto shall
have been approved by the council.
4. To attend all meetings of the council unless excused therefrom and to attend, or •
designate a representative to attend, all board and commission meetings.
5. To recommend to the council for adoption such measures and ordinances as are
necessary.
6. To recommend to the council at periodic intervals changes needed in the town code.
• 7. To prepare and to submit a summary of all contracts, agreements, etc. of which the
town is a party for review by the council before March 1st of each year.
8. To keep the council at all times fully advised as to the financial conditions and needs
of the town. To provide whatever reports to the council as it may deem necessary.
(kw 9. To prepare and submit to the council a proposed annual budget for the next fiscal
year and a financial plan for the subsequent four fiscal years.
10. To analyze the functions, duties and activities of the various departments, boards and
17
ADMINISTRATION
(kw
services of the town government and of all employees thereof, and to make such
recommendations to the council with reference thereto, as in his judgment will result,
if made effective, in the highest degree of efficiency in the overall operation of the
town government.
11. To investigate all complaints in relation to matters concerning the administration of the
town, its utilities or enterprises.
12. To exercise general supervision over all public buildings, public parks and other public
property which are under the control and jurisdiction of the council.
13. To devote as much time to the duties of the office of town manager and the interest
of the town as necessary.
14. To perform such other duties and exercise such other powers as may be delegated
from time to time by ordinance or resolution of the council.
I. Council to Act Through Manager. Except for the purpose of inquiry, the council and its
members shall deal with the administrative branch solely through the manager, and neither
the council nor any member thereof shall give orders to any subordinate of the manager
either publicly or privately.
Section 3-1-2 Town Attorney
The attorney shall be appointed by and serve at the pleasure of the council and shall act as the
legal counselor and advisor of the council and other town officials and, as such, shall give his
opinion in writing when requested. He shall draft all deeds, contracts, conveyances, ordinances,
resolutions and other legal instruments when required by the council. He shall approve as to
form, in writing, all drafts of contracts and all official or other bonds before final approval or
acceptance thereof by the council. He shall return within ten days all ordinances and resolutions
submitted to him for consideration by the council, with his approval or disapproval as to form
noted thereon,together with his reasons therefor. He shall prosecute and defend all suits,actions
or causes where the town is a party and shall report to the council, when required, the condition
of any suit or action to which the town is a party.
Section 3-1-3 Town Magistrate
The town magistrate shall be appointed by the council and shall be the presiding officer of the
magistrate's court. He shall perform those functions necessary to the maintenance of the
magistrate's court as provided by state law.
L
18
ADMINISTRATION
(60,
Section 3-1-4 Town Clerk
A. Records. The clerk shall keep a true and correct record of all business transacted by the
council and any other records that either pertain to the business of the town or that the
council directs. The clerk shall plainly label and file separately in a suitable cabinet all
resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters,
orders and other documents of whatever nature.
B. Public Inspection of Records. The clerk shall keep convenient for public inspection all
public records and public documents under his control, as provided by state statute.
C. Monthly Reports. The clerk shall prepare and collect from town officers and employees
such monthly reports prepared in such manner and to include such information as may be
directed by the council.
D. Minutes. The clerk shall prepare or cause to be prepared all minutes of council
proceedings and ensure their correctness and accuracy.
E. Ordinances, Resolutions, Budgets and Notices. The clerk shall process,record,file,publish
and, if required by state statute, post all ordinances, resolutions, budgets and notices that
may be passed by the council.
F. Election Official. The clerk shall be the town election official and perform those duties
required by state statute.
G. Licenses. The clerk shall issue or cause to be issued all licenses that may be prescribed
by state statute or this code.
H. Administrative Duties. The clerk shall perform those administrative responsibilities and
duties that are conferred upon him by the council or the manager in addition to those
specified in this code.
Section 3-1-5 Town Marshal
The town marshal shall enforce town ordinances. Enforcement will be effected by either issuance
of citations or summons and complaint to persons accused of violating town ordinances.
Section 3-1-6 Department Heads
A. There are hereby created the following departments, each of which shall be under the
immediate direction of a department head as set forth herein:
1. Community Development Department
2. Parks and Recreation Department
(60 3. Public Works Department
4. Town Marshal (Public Safety)
19 Rev. 11/91
09/08/2000 16:09 6025342848 PERSONNEL BENEFITS PAGE 01/01
PULE 13
EMPLOYEE RESIDENCE
(kw 13a - Residency Requirements:
13a1 - The following employees shall reside within the boundaries of the City of Phoenix:
A. The City Manager and such other professional staff of the Mayor, the City
Council, and the City Manager's Office as the City Manager shall designate.
B, All Deputy City Managers, Department Heads, Assistant Department Heads,
and other such classes as are officially included in the Executive category.
C. Individuals promoted or assigned after June 30, 1996, to Middle
Management category positions as identified in the pay ordinance of the City
of Phoenix in all departments.
D. Sworn Public Safety employees hired after June 30, 1996, shall have
twenty-four months from the date of appointment as a Firefighter or Police
Officer to move into the City limits, and shall continue City residence for the
duration of their City employment.
,. E. Individuals employed or promoted into 13a1A through D above after
June 30, 1996,shall have twenty-four months from the date of assignment
to move into the City limits and shall continue City residence for the
duration of their City employment.
13a2 - All other full-time regular employees hired after July 1, 1978, and before April 15,
1986, shall have twenty-four months after the date of employment to move into the
designated residency area. The designated area is the Maricopa Association of
Governments' service area. Copies of a map showing these boundaries are available
for inspection at the office of the Personnel Department.
13a3- All other full-time regular employees hired or reemployed on or after April 15, 1986,
shall have twenty-four months after the date of employment to move into Maricopa
County.
13a4- All current 13a2 employees residing within the designated area on July 1, 1978, shall
continue such residence or shall assume Maricopa County residence for the duration
of their City employment. Current 13a2 employees residing outside of the designated
area on July 1, 1978, who subsequently move within the area, shall also continue such
residence for the duration of their City employment. Exceptions to this provision
previously authorized by the City Manager for employees who had made legal
commitments to a move prior to July 1,49 O shall continue in full force and effect.
11179
* Residence means the occupancy of a primary dwelling unit, and not merely use for the
receipt of mail.
Employees shall keep the City informed of their current residence address, and shall
notify the City within ten days of a change in residence.
Post-its Fax Note 7671 Date / #Of
To j�� m From b.
'`Amended by Ordinance#S-23607 �
Effective June 30, 1996 co./Dept. �t
Phone# Phone#
s,41
6 oa
Fax803�� �t+•l�^' Fax
09/08/2000 16:11 6025342848 PERSONNEL BENEFITS PAGE 01/01
• Exceptions-A temporary permit to reside outside the established boundaries may be issued
(low by the City Manager for the convenience of the City, or for extreme hardship cases.
Employees shall submit permit requests to the Personnel Director. A Residency Appeals
Committee designated by the City Manager shall review permit requests and make
recommendations to the City Manager.
• Employees who had made a legal commitment to a move prior to June 30, 1996, shall be
granted permits to reside outside the City limits.
•
"Amended by Ordinance#S-23607
Effective June 30, 1996
-24-
, "Rr" REC'D SEP I A ZOOG
vkA:
AfEivrrajj
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
Governor Jane Dee Hull Jacqueline E.Schafer,Director
NOTICE OF THE PRELIMINARY DECISION
TO ISSUE A MAJOR MODIFICATION TO AN
INDIVIDUAL AQUIFER PROTECTION PERMIT
Pursuant to Arizona Administrative Code, Title 18, Chapter 9, Article 1, the Director of the
Arizona Department of Environmental Quality intends to issue a major modification to
individual Aquifer Protection Permit to the following applicant(s):
Public Notice No. 95-00APP On be published on Thursday on
September 14, 2000
In the Arizona Business Gazette
Fountain Hills Sanitary District Wastewater Treatment Plant
Aquifer Protection Permit No. P101563
Fountain Hills Sanitary District
Attn: Mr. Ronald D. Huber, General Manager
(isir 16941 E. Pepperwood Circle
Fountain Hills, Arizona 85268
(480) 837-9444 fax: (480) 837-0819
The Fountain Hills Wastewater Treatment Plant(WWTP) is located in Fountain Hills, Maricopa
County, Arizona, over groundwater of the Phoenix Active Management Area in Township 3 N,
Range 6 E, Section 11, Gila and Salt River Baseline and Meridian.
Permittee is authorized to operate the WWTP with a maximum monthly average flow of 3.2
million gallons per day(MGD). The current WWTP is designed to treat an average daily flow of
1.45 MGD. This modification will increase the WWTP flow limit from 1.45 MGD to 3.2 MGD,
add denitrification to the treatment process, and disposal by injection wells in addition to
consumptive reuse.
The treatment process consists of an influent pump station, headworks, a flow equalization basin,
aeration basins, secondary clarifiers, rapid mix - flocculation basins, disk filters, and a chlorine
contact basin. In case of an emergency, the onsite lined pond may be used for the storage of
excess effluent or improperly treated wastewater. Part of the effluent shall be pumped to the
Fountain Lake and other decorative lakes for storage and reuse as regulated under Reuse Permit
R101563. The remaining effluent, upto a limit of 1.7 MGD annualized average flow, shall be
microfiltered and recharged into the aquifer through injection wells. The sludge shall be
thickened, digested, dewatered, and hauled off-site for disposal.
The facility will produce denitrified, filtered, and disinfected effluent. All the WWTP units will
be constructed from reinforced concrete. The emergency storage pond is lined with 30 mil PVC
3033 North Central Avenue, Phoenix,Arizona 85012,(602)207-2300
liner. The Fountain Lake will be lined with a 60 mil HDPE liner. The effluent that will be
disposed under the Reuse Permit will be used at consumptive rates for turf irrigation and
(liw° landscaped areas. The effluent that will be recharged will be denitrified, disinfected, and
microfiltered. Depth to groundwater at the site is 40 feet at a perched aquifer, however,
recharging will occur in the regional aquifer at a depth of 450 feet bls. The direction of
groundwater flow is generally to the south-southeast. Ambient groundwater nitrate levels are 1
mg/l in monitor well FHMW-1 which is located downgradient of the WWTP and the Fountain
Lake.
To ensure that the site operations will not impact groundwater, discharge monitoring will be
conducted at the point of discharge; and groundwater monitoring will be conducted at the point
of compliance wells FHMW-1, 2, 3, 4, & 5. The constituents monitored will be total nitrogen,
fecal coliform, enteric virus, methyl tertiary butyl ether(MTBE), metals, &volatile organic
compounds (VOCs).
The draft permits and related materials are available for public review, with 24 hour notice,
Monday thru Friday 8:00 a.m. to 5:00 p.m. at the Records Management Center, Lower Level,
Arizona Department of Environmental Quality, 3033 N. Central Avenue, Phoenix, AZ 85012.
Persons may submit comments or request a public hearing on the proposed action, in writing to
Kaumil H. Parghi, ADEQ, at 3033 N. Central Avenue, M0401A, Phoenix, AZ 85012 within
fifteen(15) days from the date of this notice. The public hearing request must include the reason
for such request.
(how
3033 North Central Avenue, Phoenix,Arizona 85012,(602)207-2300