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Home My WebLink About2003.0701.TCREM.PacketPq NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman Mike Archambault WHEN: TUESDAY, JULY 19 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION Councilman John Kavanagh Vice Mayor Susan Ralphe WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue durin the Public Hearing. Speakers' names will be announced by the Town Clerk. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Individual speakers will have three minutes from the time they are recognized. If representing a specific group or more than three minutes are needed, contact the Town Clerk prior to the day of the Council meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 1.) VOTE TO GO INTO EXECUTIVE SESSION, PURSUANT TO A.R.S. § 38-431-03.A.7, for discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. (Specifically, the Town Hall lease). �,, 2.) RETURN TO THE REGULAR SESSION FAAGENDAS\REGULAR\2003\Regu1ar Session 7-1-03.doc Page 1 of 4 Last printed 6/27/2003 1:40 PM • CALL TO ORDER — Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Vice Mayor Susan Ralphe • ROLL CALL — Mayor Nichols • RECOGNITION ITEMS — Mayor Nichols Presentation of a "Certificate of Recognition" to Wally Hudson for his many years of civic service to the Town of Fountain Hills. 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 6/19/03. *2.) Consideration of RESOLUTION 2003-32 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Lot 2, Block 1, Plat 603B, 15427 E. Thistle Drive. EA 2003-07. (Eric Rieck) *3.) Consideration of RESOLUTION 2003-35 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 33, Block 1, Plat 505A (15501 E. Tepee Drive) as recorded in Book158 of Maps, Page 40, Records of Maricopa County, Arizona. EA03-08 (Paula de Haen) *4.) Consideration of RESOLUTION 2003-36 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 27, Block 2, Plat 505C (16404 Scorpion Drive) as recorded in Book158 of Maps, Page 42, Records of Maricopa County, Arizona. EA03-09. (Mark & Christine Mahoney) *5.) Consideration of RESOLUTION 2003-34 abandoning whatever right, title, or interest the Town has in the "Final Plat of Coyote Run", a lot join of Lots 12 & 13, Block 3, Final Plat 603-A. Case #S2003-04 (Michael Namie) *6.) Consideration of RESOLUTION 2003-33 adopting the updated IGA with Maricopa County for Emergency Operations Plan. *7.) Consideration of approving the renewal of Contract #02-01 - ANNUAL LANDSCAPE CONTRACT, with price adjustments based on the Consumer Price Index. *8.) Consideration of approving the SETTLEMENT AGREEMENT with Brown and Bain. 9.) PUBLIC HEARING to receive comments on amending the official zoning districts map of the Town of Fountain Hills by rezoning ± 1.71 acres of land along Shea Boulevard from R143, Single Family Zoning district, to C-1, Neighborhood Commercial and Professional Zoning District. Case Number Z2003-05. 6:45 PM 10.) Consideration of ORDINANCE 03-16 amending the official zoning districts map of the Town of Fountain Hills by rezoning ± 1.71 acres of land along Shea Boulevard from R1-43, Single Family Zoning district, to C-1, Neighborhood Commercial and Professional Zoning District. Case Number Z2003-05. F: AGENDAS\REGULAR\2003\Regular Session 7-1-03.doc Page 2 of 4 Last printed 6/27/2003 1:40 PM a 6:50 PM 11.) PUBLIC HEARING to receive comments on a request for a special use permit to allow truck rental at 9264 Technology Drive, aka, Fountain Hills Business Park Replat, Block 6, Lot 1. Case number SU2003-05. 7:15 PM 12.) Consideration of approving a request for a SPECIAL USE PERMIT to allow truck rental at 9264 Technology Drive, aka, Fountain Hills Business Park Replat, Block 6, Lot 1. Case number SU2003-05. 7:25 PM 13.) Consideration of approving the PRELIMINARY PLAT for the "Trevino Business Center" which is a 9-building office complex located at the NW corner of Trevino Drive and Saguaro Boulevard, aka, 9700 Saguaro Boulevard, Case Number S2002-55. 7:30 PM 14.) Consideration of approving a request for a CUT/FILL WAIVER for Firerock Country Club Parcel I, Lot 5, aka, 9145 N. Vista Verde Court, Case Number CFW2003-04. 7:35 PM 15.) PUBLIC HEARING for the consideration of ORDINANCE 03-14, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30th day of June, 2004. 7:40 PM 16.) Consideration of ORDINANCE 03-14, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30th day of June, 2004. 7:45 PM 17.) PUBLIC HEARING for the consideration of ORDINANCE 03-15, levying upon the assessed valuation of the property within the Cottonwoods Maintenance District subject to taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending the 30ffi day of June, 2004. 7:50 PM 18.) Consideration of ORDINANCE 03-15, levying upon the assessed valuation of the property within the Cottonwoods Maintenance District subject to taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending the 30`h day of June, 2004. 7:55 PM 19.) Consideration of approving the Willdan proposal to provide PROFESSIONAL ENGINEERING, ARCHITECTURAL, AND PLANNING OVERSIGHT FOR TRANSITION OF CODE ENFORCEMENT services. 8:15 PM 20.) Consideration of RESOLUTION 2003-35 regarding an Intergovernmental Agreement with the Maricopa County Animal Care and Control for animal control services. 8:20 PM 21.) Consideration of RESOLUTION 2003-39 regarding increased animal license fees to cover the costs for shelter services and animal control. F:\AGENDAS\REGULAR\2003\Regu1ar Session 7-1-03.doc Page 3 of 4 Last printed 6/27/2003 1:40 PM 8:30 PM 22.) Consideration of RESOLUTION 2003-40 regarding an Intergovernmental Agreement with the Fort McDowell Yavapai Nation Tribal Council to contribute $50,000 in Proposition 202 funding to be used for the promotion of tourism. 8:40 PM 23.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 8:50 PM 24.) 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. 9:00 PM 25.) SUMMARY of Council requests reviewed by the Town Manager. 9:05 PM 26.) ADJOURNMENT. DATED this 27th of June, 2003 zweA,421,')�644 ' Bevelyn Be der, Town Clerk Tlie Towri'of fountain°1Ts en a vors tom a all public'ineetirigs accessible to persons with disabilities Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodation to participate in this meeting or to obtain agenda information in large'prin format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. FAAGENDAS\REGULAR\2003\Regu1ar Session 7-1-03.doc Page 4 of 4 Last printed 6/27/2003 1:40 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 7/l/2003 Contact Person: Bender Requesting Action:® TVAe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Minutes Council Priority (Check Appropriate Areas): ❑Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving the meeting minutes of 6/19/03. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes Tyne(s) of Presentation: none Signatures of Submitting Staff: Department Head si� ( -�-3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet 7-1 minutes.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 7/l/03 Contact Person: Tom Ward Requesting Action:® Tvue of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Alzenda'Wordine: Consideration of RESOLUTION 2003--32 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Lot 2, Block 1, Plat 603B (15427 E. Thistle Drive) as recorded in Book 161 of Maps, Page 41, Records of Maricopa County, Arizona. EA 2003-07 - Eric Rieck Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Mr. Rieck submitted an application for abandonment in order to have ample space for a pool. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Sip,natures of Submitting Staff: Dep6rtment Head 5� �v• -a3 Town Man ger Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council I DT: May 19, 2003 FR: Art Candelaria, Civil Engineer RE: Easement Abandonment 2003-07 Randy Harrel, Town Engineer py; % t t - 15427 E. Thistle Drive Reviewed: Tom WMcirector of Public Works Plat 603B, Block 1, Lot 2 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly property line of Lot 2, Block 1, Plat 603B, (15427 E. Thistle Drive) as shown in Exhibit "A". The property owners of Lot 2 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 2 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-32. Enc: Resolution Exhibit C: Mark Preston Pamela Patterson Harry & Sylvia Weigt ACandelaria/BBrannon EA2003-07 - 60313-1-2.doc RESOLUTION 2003-32 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 2, BLOCK 1, OF PLAT 603B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the southerly property lot line of Plat 603B, Block 1, Lot 2, Fountain Hills, . as recorded in book 161 of maps, page 41 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 2 is required to pass the developed flows generated by the upstream lots across their property. SFC'TION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-32, 60313-1-2 EA2003-07.doc I A PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, July 1, 2003. FOR THE TOWN W.J. Ni ols, Mayo W FOUNTAIN HILLS: REVIEWED BY: Ti Gm Pickering, Town Manager Resolution 2003-32, 60313-1-2 EA2003-07.doc 2 ATTESTED TO: & L dt), Bevelyn J. 4ndeil, Town Clerk APP VED AS TO FORM: ,.-. A. i Andrew J. McGuire, Town Attorney I i I I 1 I � I I I I I I N W E S SCALE: 1 "=40' DATE: 5-27-03 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603-B BLOCK 1 LOT 2 0. 0 •+ o. 0. PLAT 603-B �. LOT 3 BLOCK 1 LOT 2 $ a ABANDON 10' P.U.E & D.E. 1 PLAT 60 -A AMMND t 1 LOT 42 BLOK4 LOT 4 �� 1 1 1 1 � A 7Y LOT 3-, E 16545 RANDY �• o HARREL d 9 a • '• BONA, �l r1 5 P• GN\C�R Town of Fountain Hills Town Council Agenda Action Form v..- Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 7/l/03 Contact Person: Tom Ward Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda wording: Consideration of RESOLUTION 2003-35 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 33, Block 1, Plat 505A (15501 E. Tepee Drive) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County, Arizona. EA03-08 - Paula de Haen Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicant submitted the application on June 5, 2003. She plans to build a retaining wall and pool. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: DAartffient Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS S., PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council I DT: June 5, 2003 FR: Art Candelaria, Civil Engineer,- RE: Easement Abandonment 03-08 Randy Harrel, T wn Engineer P", ii--`1 15501 E. Tepee Drive Reviewed: T d, Director df Publ`ic�Works Plat 505A, Block 1, Lot 33 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the westerly property line of Lot 33, Block 1, Plat 505A, (15501 E. Tepee Drive) as shown in Exhibit "A". The property owners of Lot 33 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 33 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-35. Enc: Resolution Exhibit C: Paula de Haen Beynen Froukjetr Gene & Tama Laluk ACandelari a/B Brannon EA2003-08 - 505A- I -33.doc RESOLUTION 2003-35 r.. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 33, BLOCK 1, OF PLAT 505A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION L That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lot line of Plat 505A, Block 1, Lot 33, Fountain Hills, as recorded in book 158 of maps, page 40 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 33 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-35, 505A-1-33 EA03-08.doc I PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, ,` July 1, 2003. FOR THE TOWN OF F TAIN HILLS: W.J. Nichol , Mayor REVIEWED BY: Tim G. Pic Bring, Town Manager Resolution 2003-35, 505A-1-33 EA03-08.doc 2 ATTESTED TO: Bevelyn J. Ben er, wn Clerk APPROVED AS TO FORM: Andrew J. cGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-A BLOCK 1 LOT 33 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 7/l/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wordinz: Consideration of RESOLUTION 2003-36 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 27, Block 2, Plat 505C (16404 Scorpion Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA03-09 - Mark & Christine Mahoney Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on June 5, 2003. They plan to build a pool. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Sip,natures of Submitting Staff: Dcoartment He Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: June 6, 2003 FR: Art Candelaria, Civil EngineeMPPU % RE: Easement Abandonment 03-09 Randy Harrel, Town Enginee16404 Scorpion Drive Reviewed: T ar0, DirectWor s Plat 505C, Block 2, Lot 27 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the westerly property line of Lot 27, Block 2, Plat 505C, (15501 E. Tepee Drive) as shown in Exhibit "A". The property owners of Lot 27 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 27 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-36. Enc: Resolution Exhibit C: Mark & Christine Mahoney Jason & Amy Irons Kerry & Natalie Knodel James & Dawn Trudeau Danny & Christine Tancredi Patrick McGarvey ACandelaria/Mrannon EA03-09 - 505C-2-27.doc RESOLUTION 2003-36 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 27, BLOCK 2, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lot line of Plat 505C, Block 2, Lot 27, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 27 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-36, 505C-2-27 EA03-09.doc I PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, July 1, 2003. FOR THE TOWN40F VOUNTAIN HbLLS: V W.J. Nichols, REVIEWED BY: 51� t;�/- Tim G. Pic ering, Town Manager Resolution 2003-36, 505C-2-27 EA03-09.doc 2 ATTESTED TO: Bevelyn J. :kW Town AP OVED AS TO FORM: t �j Andrew J. McGuire, Town Attorney LOT 19 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505—C BLOCK 2 LOT 27 1 it LOT 26 \�, LOT 29 1 1 1 1 \-o i 1 11 N.NOD �2 1 1 1,,L•y �� o � �� 1 11 6 ,��a• V \ i < ��s• ,-- _ _ \ BLOCK 2 \\ LOT 27 - - \ ABANDON 10' P.U.E & D.E. LOT 28 LOT 18 2 / / LOT 17 `=N s SCALE: 1 "=40' LOT 16 DATE: 6-10-03 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Corn. Dev Consent:® Regular:❑ Meeting Date: 7/1/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Plat Abandonment Council Prioritv (Check Appropriate AreasZ ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of Resolution 2003-34; a request to ABANDON THE FINAL PLAT of Coyote Run, which is a replat of lots 12 & 13, Block 3, Final Plat 603-A Amended, and revert back to lot 12 & 13, Block 3, Final Plat 603-A Amended, Case #S2003-04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request from Michael Namie, to abandon the "Final Plat of Coyote Run", an existing one lot residential subdivision. On August 18, 1994, Town Council approved the "Final Plat of Coyote Run", which is an assembly of Lots 12 & 13, Block 3, Final Plat 603-A Amended. Michael Namie, the current property owner, wishes to abandon the current plat, and revert back to lots 12 & 13 to allow the construction of a single-family residence on each lot. List All Attachments as Follows: Staff Report; Application and Written Request; Final Plat Coyote Run; Plat 603-A Amended, Sheet 3 of 3 Type(s) of Presentation: NA Signatures of Submitting Staff: 141�-�4CI4 De rtment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and DT: June 24, 2003 Town Council FR: Dana Burkhardt, Senior Planner RE: Resolution 2003-34; Request to abandon the Final Plat of Coyote Run; Case S2003-04 LOCATION: 15445 E. Sycamore Dr. aka Final Plat of Coyote Run. REQUEST: Consider the approval of Resolution 2003-34; abandonment of the "Final Plat of Coyote Run", a two -lot replat (lot join) of Final Plat 603-A Amended, Block 3, Lots 12 and 13. PROJECT MANAGER: DESCRIPTION: Dana Burkhardt, Senior Planner OWNER: Michael Namie APPLICANT: Michael Namie EXISTING ZONING: 44R1-35" EXISTING CONDITION: Undeveloped LOT SIZE: 104,936.69 square feet (2.41acres) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "RI-8" SOUTH: Open space tract; zoned "R1-43 PUD" EAST: Single -Family Residence; zoned "R1-35" WEST: Undeveloped lot; zoned "R1-35" SUMMARY: This is a request from Michael Namie, to abandon the "Final Plat of Coyote Run", an existing one lot residential subdivision. On August 18, 1994, Town Council approved the "Final Plat of Coyote Run", which is an assembly of Lots 12 & 13, Block 3, Final Plat 603-A Amended. The purpose of the lot join was to allow the property owners at that time greater flexibility to construct a single residence on the subject property. Michael Namie, the current property owner, wishes to abandon the current plat, and revert back to lots 12 & 13 to allow the construction of a single-family residence on each lot. EVALUATION: The Town has received very few requests, if any, to abandon re -platted properties. The approval of this request will abandon the existing one lot plat and revert to Lots 12 & 13, Block 3, Final Plat 603-A Amended. Lots 12 and 13 meet the minimum required lot size and dimensions of the "Rl- 35" Zoning District in which they are located. If this request is approved, the development of lots 12 & 13 are required to be consistent with Section 5.11 "Land Disturbance Standards" of the Zoning Ordinance, which limits the area of disturbance to no more than four times the footprint of the structure(s) or 20% of the "hillside" (slopes over 15% gradient) and 100% of the non -"hillside" portions of the lot. Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded subdivision, by Town Council approval. Staff has reviewed the number of single-family lots that have been joined since the Towns incorporation to understand the potential for future requests for abandonment under similar circumstances. The Town has approved approximately 18 lot join requests for residential properties since incorporation. Approximately three of those lot join properties have not been developed and may apply for plat abandonment if the property owners wish to revert back to two residential lots. It is unlikely that the Town will have any plat abandonment requests for residential platted properties in the near future. Staff finds that Lots 12 and 13 meet the minimum zoning regulations and site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of Resolution 2003-34; the abandonment of the "Final Plat of Coyote Run". RESOLUTION NO. 2003-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING THE "FINAL PLAT OF "COYOTE RUN" AS RECORDED ON BOOK 176, MAP 28, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance #96-29 on September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance"); and WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and procedures for abandoning a recorded subdivision; and WHEREAS, a public hearing was held by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on July 1, 2003; and WHEREAS, the Town Council desires that the "Final Plat of Coyote Run" be abandoned and revert back to the "Fountain Hills Arizona Final Plat No. 603-A Amended." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Final Plat of Coyote Run" as recorded in Book 176, Map 28 of the Records of Maricopa County, Arizona, is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 603-A Amended." SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, July 1, 2003. FOR THE TOWN W. J. Ni REVIEWED B Tim . Pic ering, Town Manager 9196.001\Reso1utions\Coyote Run Abandses.doc 6-25-03-1 ATTESTED TO: i ilmA %:en J. BeAder, town APPR,Q,VED AS TO FORM: r Andrew J. McGuire, Vown Attorney The sown of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Area Specific Ptan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST: -4yk + PROJECT NAME Mrs Mr. —Ms. M rs. Mr. Address: 4 �OJ�t'4'zi in z r-ig4 Ci A 'bT�a 0 h,. IIV �L. , C- State: Zip; '1 Owner � G,C k rA CAr1) ,C_ ddress- Day Phoneq9��"�wO If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed SIGNATURE OF OWNER / DATE I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 20 Notary Public My Commission Expires FILING DATE: AuDiscotion Pape 2 of 1 1 \FOr^15\Gens.p; AOD*C01.On . G�d.0 'MO•T1y OOC FEE PAID cc)ACCEPTED BY: (See Fee Schedule) g900 _ CK# '-)�31 !U — C CLS [-I PBA 1/02 For OMC38; Use onry Case Manager: �- APPLICATION j ;- S ✓ 3 — r �J Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment Day Phone(5201S-4 -54b5 TOWN OF FOUNTAIN HILLS FEB 19 2003 The Town of Fountain Hills LEGAL DESCRIPTION Plat Name Block Lot PROPERTY ADDRESS �� II r ,�y� PARCEL SIZE (Acres' a • y 1 ASSESSOR PARCEL NUMBER - NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: _�25� Q+1�� ! PROPOSED ZONING Application Page 3 of 11 - \Forms\Generoi ADDticol-- Public Heonng.00c TOWN OF FOUNTAIN HIL Town Council Town of Fountain Hills 16836 E. Palisades Blvd. P.O. Box 17958 Fountain Hills, AZ. 85269 March 13, 2003 Dear Town Council, FEB 1 9 2003 This letter serves an official request to abandon a recorded subdivision pursuant to article 208 of the Fountain Hills subdivision ordinance. Our lot is Plat 381- 33, Lot 1 and the legal description is Coyote Run MCR 381/33. Address is 15445 E. Sycamore Drive. The current lot size is approximately 2.4 acres. Basically, I would like to split the lot back into its original two pieces. Original addresses were 15445 and 15457 E. Sycamore Drive. I believe the original legal description would be lots 12 & 13, Block 3 Fountain Hills Arizona Plat No.603. In preparation for this request, I had a preliminary driveway study done by Montgomery Engineering & Management, L.L.C. The study shows that a driveway for each lot is feasible under the current city guidelines. I would greatly appreciate your assistance in this matter. Please let me know if there is anything else you need from me. Sincerely, Michael Namie 6 � N a < � a > _ � z O V Z < iO NO a � � 4 V < Z C �ZZG O Z � F � W U y Z S O m < n U � Z m < a i m a> t � i z ♦�� < 2� 1 E _•1 0� its I o� 0 � Wu v nu E L • ;; L_ �N t W=� a W � ht b O J t�, ai w w � Z a. ., D O J Q 1 ♦ l� - 1 ti •y i .w♦ � l o� w �� lLr� �; eritalI.tr / Y��Y Town of Fountain Hills a Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:[] Regular:® Meeting Date: 7/l/2003 Contact Person: Julie Ghetti Requesting Action:® Type of Document Needing Approval (Check all that apnlv)• ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ® Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2003-3.5 regarding an Intergovernmental Agreement with the Maricopa County Animal Care and C ontrol for animal control services. Staff Recommendation: Approve Fiscal Impact: Yes $17,187 Purpose of Item and Background Information• Resolution 2003-35 establishes an Intergovernmental Agreement (IGA) with Maricopa County Animal Care and Control to assume animal control services within the Town of Fountain Hills. This service was previously a function of the Fountain Hills Marshal Department that is being eliminated. List All Attachments as Follows: Resolution 2003-35, Intergovernmental Agreement with Maricopa County Animal Care and Control. Type(s) of Presentation: none Signatures of Submitting Staff: Depa ment ead %= C (p-,27.03 Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) INTERGOVERNMENTAL AGREEMENT FY 2004-2006 AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS 9196.004\MC IGA - Animal Control.v2.doc 6-23-03 INTERGOVERNMENTAL AGREEMENT FOR �` ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS This Agreement for'Animal Control Services (this "Agreement") is entered into July J 2003, between Maricopa County, a political subdivision of the State of Arizona (the "County") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"). Whereas, the County maintains facilities, equipment and trained personnel for the maintenance, control and impoundment and/or destruction of unclaimed or vicious dogs and cats including vaccination and licensing of dogs and rabies control; and Whereas, the Town desires to contract for animal control services with the County; and 11-952. Whereas, the parties are authorized to enter into this Agreement by ARrz. REv. STAT. § NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be �.• deemed to exist or to bind any of the parties hereto. Nothing in this Agreement shall be construed as a consent to any suit or waiver of any defense in a suit brought against the State of Arizona, the County, or the Town in any State or Federal Court. 2. Within the corporate boundaries of the Town, the County shall be responsible for rabies/animal control in accordance with the following sections of the Town's Rabies/Animal Control Ordinance and Leash Law, Town of Fountain Hills Town Code, Chapter 6 (Section 6-1, except 6-1-3 to the extent that it applies to barking dogs; Section 6-2, except 6-2-3 and 6-2-4). 3. The Town shall pay the County for the enhanced level of animal control services for the period from July 1, 2003 to June 30, 2006. It is agreed that the County will provide staffing adequate to respond to 100% of contracted calls according to the timelines listed below (unless otherwise requested by caller): Schedule 1 — 7:00 a.m. to 10:00 p.m. Priority 1 - Police or fire request for our officer to respond; or bite animal at large 1 hour Priority 2 - Call from school while in session 2 hours Priority 3 - Confined stray dogs 4 hours and investigations on dogs, cats and bats that have bitten a human being 9196.004\MC IGA - Animal Control.Q.doc 6-23-03 2 Priority 4 - Will show/leash law/area check/other 6 hours On priorities 3 and 4, if the call comes in after the call center closes (6 p.m.), then the response time limits may carry over until the next normally scheduled work shift. Schedule 2 — 10:00 p.m. to 7: 00 a.m. Priority 1 - Police or fire request for our officer to 3 hours respond; or bite animal at large 4. Field Communications Center Hours of Operation. The County shall operate a call center from 7 a.m. to 6 p.m. seven days a week, excluding Thanksgiving and Christmas; the County shall provide dispatch coverage from 7 a.m. until 10 p.m. seven days a week, excluding Thanksgiving and Christmas. The County shall provide emergency response services from 10 p.m. until 7 a.m., and on Thanksgiving and Christmas. 5. Costs: The annual amounts due for each fiscal year shall be paid quarterly on August 1st, November 1st, February 1st, and May 1st. The service costs for FY05 and FY06 are estimated, and will be based on the preceding year's actual calls for service. Fiscal Year 2003-2004: $17,187 Fiscal Year 2004-2005: estimated $18,046 Fiscal Year 2005-2006: estimated $18,948 6. Included as a material part of this Agreement are the General Provisions, as listed below: Amendment: This Agreement supersedes all previous agreements or understandings between the parties with respect to animal control services. This Agreement may not be modified or waived except by written amendment, duly executed by both parties. Term: This Agreement is effective upon recordation with the Maricopa County Recorder and shall remain in effect until June 30, 2006. Any modification or amendment to the terms and conditions of the Agreement shall be approved by both parties in writing. Termination: Either party may, with or without cause, terminate this Agreement by giving the other party 90 days written notice of such termination. Insurance: The parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms, obligations, operations and actions as set forth in this Agreement, including but not limited to public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insurance program may fulfill the insurance requirement. 9196.004\MC IGA - Animal Control.Q.doc 6-23-03 3 Record Keeping and Audits: The parties agree to maintain and furnish to each other such records and documents pertaining to the services provided pursuant to this Agreement as may be required by this Agreement and any applicable Federal and State laws, rules and regulations. Each party, prior to conducting an audit, must give 60 calendar days notice to the other party. Default: In the event of non-payment by Town for a period of 90 days after notice thereof from the County, this Agreement shall be terminated and County's obligations hereunder shall immediately cease. County Reporting Obligations: County shall provide Town with quarterly routine statistical and/or management reports normally prepared by Maricopa County Animal Control Services ("Animal Control Services") concerning the services provided pursuant to this Agreement. Amendments to Ordinances: Town shall not amend or repeal its rabies/animal control ordinance without giving County 90 days written notice prior to implementing any changes. County may decline to enforce ordinance changes or may require additional compensation for enforcement. Conflict of Interest: Pursuant to the provisions of ARrz. REv. STAT. § 38-511, the Town or County may cancel this 1%W Agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town or County is at any time while the contract or any extension thereof is in effect any employee of any other party to the contract in any capacity to any other party to the contract with respect to the subject matter of the contract. Indemnification: A. County. To the extent permitted by law, the County and its Animal Care and Control Services Department does hereby covenant and agree to indemnify, defend and hold harmless the Town, its officers, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any act or omission of the County and Animal Care and Control Services, its officers, employees, agents and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. B. Town. To the extent permitted by law, the Town does hereby covenant and agree to indemnify, defend and hold harmless the County, its officers, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this 9196.004\MC IGA - Animal Control.Q.doc 6-23-03 L Agreement which are the result of any act or omission of the Town, its officers, employees, agents and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. IN WITNESS WHEREOF, the parties enter into this Agreement as of the date first set forth above. "COUNTY" "TOWN" Maricopa County, a political subdivision of the State of Arizona By: Chairman, Board of Supervisors Attest: By: Clerk of the Board Town of Fountain Hills, an Arizona ml LW Attest: By: Bevelyn J. Bender, Town Clerk In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Deputy County Attorney 9196.004\MC IGA - Animal Control.Q.doc 6-23-03 5 An rew J. McGuire, Town Attorney RESOLUTION NO. 2003-35 Sl.. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL CONTROL SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County relating to animal control services (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. FOR THE TOW31OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nic ols, Mayo Bevelyn J. Bender, Town Clerk REVIEWED B Tim G. Pickering, Town Manager 9196.004\MC IGA Animal ControLms.doc 6-11-03-1 APPROVED AS TO FORM: OA- I A4 t✓ An w J. McGuire, Town Attorney 11%., Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 7/1/2003 Contact Person: Julie Ghetti Requesting Action:® TVDe of Document Needing Approval (Check all that appl ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropnate Ares ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agendawording: Consideration of Resolution 2003-39 regarding increased animal license fees to cover the costs for shelter services and animal control. Staff Recommendation: Approve Fiscal Impact: Yes $7.600 Purpose of Item and Background Information: Resolution 2003-39 establishes new animal licensing fees that are comparable to those fees charged by Maricopa County Animal Care and Control. The increased fees will be used to offset the costs associated with the contract for shelter services and animal control. List All Attachments as Follows: Resolution 2003-39, Animal License Fee Administration analysis. Type(s) of Presentation: none Signatures of Submitting Staff: Dep tment ea�;7 b Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Mr. Timothy Pickering, Town Manager DT: June 27, 2003 FR: Julie A. Ghetti, Accounting Supervisor Administration RE: Animal License Fee Administration Staff has analyzed the animal control and licensing functions that were being performed by the Marshal Department to determine if it is economically advantageous to keep the function in- house or contract with Maricopa County Animal Care and Control. Based on the analysis it is recommended that the Town continue to provide the licensing service to the community, but contract with the Maricopa County Animal Care and Control for animal control services with a rate increase that corresponds to the County license fees. Analysis One of the functions of the Fountain Hills Marshal Department has been administration of the Animal Control program. This included licensing, which was handled by the dispatchers, and animal complaints, dog bites, loose dogs, etc. that was handled by a deputy as the animal control officer (ACO), Arlena Manilla. The recent staff departures in the Marshal Department have left the clerical and animal control positions vacant. Until a determination is made regarding who will assume the responsibility for animal control the license fees are being processed in the Administration Department and animal complaints are being handled by existing Marshal deputies. The purpose of this report is to prepare a recommendation whether to keep the animal licensing and control in-house or outsource with Maricopa County Animal Care and Control (ACC). The recommendation will be based on a cost/benefit analysis associated with the service and taking into consideration the intangible benefits. There are two separate functions regarding the animal control program — one is licensing and the other is animal control. The Town can choose to continue to provide either one, both or none; Maricopa County ACC has submitted a proposal to provide whatever level of service the Town wishes. Animal Control Last year the Town had approximately 1,040 animal -related calls that were handled by the Marshal Department. Of those calls 271 were barking dog complaints, 301 were loose dog complaints and 243 were expired licenses. If the Town continues to provide animal control services the animal control officer position would need to be filled for the animal related calls and a clerical position for the licensing. If the Town contracts with Maricopa County ACC they would cover calls by law enforcement, fire department requests, bites, dogs at large, confined animals, etc. (no barking dog complaints) at a cost of $17,187 for the first year. The Maricopa County Sheriff's Office will respond to barking dog complaints. The proposed cost for the ACC contract is based on a three year contract; if the Town chooses to contract for one year it will fall under a cost methodology that is 40% higher (revised cost of $24,100) that includes travel time. Shelter costs would be additional unless the County assumes the licensing function and keeps the associated revenue. Animal License Fees Currently dog owners in Fountain Hills can obtain a license for their pet through the Town of Fountain Hills either by mail or in person. The Town issues the dog tags, ensures that the rabies vaccinations are current and maintains the pet owner database - the budgeted revenue for FY03- 04 is $25,000. Maintaining the licensing function involves clerical staff time equivalent to .52 FTE and is currently being handled by increased hours of the Administration Department part time staff. Currently the Town is charged a per diem (daily) fee when an animal is brought to the shelter by either the Marshal Department or a Fountain Hills resident. The fees vary depending on the number of days the animal is impounded or if euthanasia is required. If the Town discontinues administering the animal license fee program Maricopa County will provide the licenses to the residents (the Town will forfeit the revenue) and the shelter costs will be provided at no cost to the Town. If the Town continues the licensing function the estimated annual shelter cost would be approximately $7,600 over and above the animal control contract fee. The current rate schedule for animal license fees in Fountain Hills is $15 for a non -sterile dog and $7 for sterile compared to the County fees of $25 for non -sterile and $10 for sterile. Should the Town eliminate the licensing function the citizens will pay the higher fees to the County. If the Town decides to keep the licensing function the Town should consider an increase in the fees to help defray the animal control costs. The following is a summary of the costs for each option; the breakdown of the costs is attached as Appendix A. Option 1 assumes that Fountain Hills hires an animal control officer and keeps the licensing revenue. Option 2 assumes that the Town keeps the licensing revenue but contracts with ACC for animal control and shelter services. Option 3 assumes the Town increases the license fees to the equivalent County fees and contracts with ACC for animal control and shelter services. Option 4 assumes that ACC will assume licensing, animal control and shelter services. OPTION 1 1 OPTION 2 1 OPTION 3 1 OPTION 4 Direct Costs $88,250 $44,820 $44,820 $1,580 Indirect Costs $1,100 $850 $850 $850 License Revenue ($25,000) ($25,000) ($32,600) $25,000 Net Cost to Town $64,350 $20,670 $13,070 $27,430 Other Considerations Other factors other than cost should be considered when making a decision regarding animal control: 1. Enforcement of licenses — currently a loose dog that is licensed and picked up by a deputy is taken to a .local vet for shelter, the owner information is obtained through the Town licensing records and they are notified to pick up their pet. The pet owner has to pay the vet's office for the period of time that their pet was contained. If the dog is unlicensed the officer will attempt to locate the owner through newspaper reports of lost dogs, local vet offices, etc. If the owner is located they are required to pay the Town license fee when they pick up their dog. If the Town contracts with ACC for animal control but maintains the licensing function and database, and an unlicensed dog is picked up and impounded at the ACC center, follow up with the owner will be necessary to ensure compliance with the local license ordinance. The contract with the County will need to specify that information regarding pet owners name and address be included on the quarterly reports prepared for the Town. 2. Citizen convenience — currently Fountain Hills residents can come to Town Hall to obtain a license. The Town maintains a database with contact phone numbers to notify the pet owners regarding their rabies vaccinations, expired license or that their pet is at large. If the County resumes licensing the resident will have to work with the County ACC to register, pay their pet license fees, or locate the owner of a found dog. 3. If the Town decides to discontinue the licensing program Section 6 of the Town Code will need to be amended. 4. Cruelty calls are not included in the animal control contract — ACC officers cannot enforce Title 13, these calls would be handled by MCSO. However, if a complaint involved an animal confined in a locked vehicle in 100 degree weather the ACC would consider this type of call a priority 1 with a one hour response time. The call would be classified as a cruelty complaint and would fall under Title 13 of the ARS; ACC can enforce this section of the statute, but further action would have to come from MCSO. Recommendation Maintaining the animal control function would cost $89,350 and require that the Town hire 1.5 FIFE animal control officers to ensure 7 day a week response, as well as a part-time clerical position to handle the licensing. This would be the most expensive option (Option 1) and inconsistent with the reduction in force implemented in January, 2003. Contracting with Maricopa County Animal Care and Control for animal control provides the service for $17,187, not including shelter services, which makes economic sense. The remaining issue is the license fees. If the Town forfeits the fees and Maricopa County resumes animal licensing there will be no additional contract costs for shelter services ($7,600). But the Town will lose the $25,000 in annual revenue which means that eliminating the fees will actually cost $17,000 which is $10,000 more than the shelter services. By continuing to provide the Fountain Hills residents with the licensing service, and increasing the fees to the equivalent of Maricopa County's fees, the cost for animal control could be reduced. This includes the cost for a part-time clerical position to perform those duties and provides the same level of service for less than any of the other options. Therefore, Option 3 is recommended. we.a t-til';i� t.�t.fiS113'U i'1,'t .iti{F; R�)i Slt'T-: ',t# 1'€U t.,li}Si'ii.cS+a� APPENDIX A Fountain Hills Animal Control Cost Comparison IN-HOUSE ANIMAL CONTROL . Direct Costs: Salary for 1.5 ACO Salary for .52 Clerical ERE (20%) Vehicle Maintenance/Depreciation Gas/Oil Tags/Office Supplies Telephone, Pager Uniforms Computer Total Direct Costs Indirect Costs: Administrative (HR, legal, finance) Total Indirect Costs { OUTSOURCE ANIMAL CONTROL Direct Costs: Contract Enhanced Services Contract Shelter Total Direct Costs Animal License Fees TOTAL COSTS ACO F/T No ACO No ACO No ACO Keep Fees Keep Fees Incr Fees No Fees OPTION 1 OPTION 2 OPTION 3 OPTION 4 $51,050 $0 $0 $0 $11,100 $11,100 $11,100 ($11,100) $11,600 $2,220 $2.220 ($2,220) $6,500 $0 $0 $0 $2,100 $0 $0 $0 $800 $800 $800 ($800) $1,200 $0 $0 $0 $900 $0 $0 $0 $3,000 $1,500 $1,500 ($1,500) $88,250 $15,620 $15,620 ($15,620) $1,100 $850 $850 $850 $1,100 $850 $850 $850 $0 $17,200 $17,200 $17,200 $0 $12,000 $12,000 $0 $29,200 $29,200 $17,200 ($25,000) ($25,000) ($32,600) $25,000 $64,350 $20,670 $13,070 $27,430 Assumptions: Salary based on entry level range for deputy/clerical Clerical staff would be necessary if licensing remains local (issuing tags, maintain animal records, etc.) Vehicle depreciation based on replacement in 5 years Gas usage based on FY03-04 Marshal budget estimate per vehicle @ $.91/gallon Office space, utilities are sunk costs since staff would be housed in Bldg A Administrative costs cover hiring, contract administration, accounting *Legal - 5 hours/year @ $140 = $700 *HR - payroll, recruitment = 10 hrs/year @ $25 = $250 *Finance - budget preparation, daily cash receipts = 5 hrs/year @ $30 = $150 JGhettiAnimalCtrlAnalysis.xlsSheetl7/1 /2003 RESOLUTION NO.2003-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING ANNUAL LICENSE FEES FOR DOGS AND SETTING AN EFFECTIVE DATE. WHEREAS, Section 6-2-3, License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification, of the Fountain Hills Town Code provides that the Mayor and Council of the Town of Fountain Hills (the "Town Council") may set annual license fees for dogs; and WHEREAS, the Town Council desires to approve annual license fees for sterile and non -sterile dogs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the annual license fee for sterile dogs shall be $10.00. SECTION 2. That the annual license fee for non -sterile dogs shall be $25.00. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. SECTION 4. That this Resolution shall take effect at 12:01 a.m. on August 4, 2003. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, July 1, 2003. FOR THE TOWN W. J. Nichols, Ma F FOUNTAIN HILLS: ATTESTED TO: Bevelyn J. Bender, Town Clerk REVIEWED B Tim G. lcker g, Town Manager 9196.001\Resolutions\Dog License Fees.res.doc 6-24-03 APP VED AS TO FORM: Andrew J. cGuire, own Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type., Regular Meeting Meeting Date: 7/l/2003 Submitting Depai jingnt. Admin Contact Person: Pickering Consent:❑ Regulgr.® Requesting Action:® Tvbeam of Docu�t Neediri Anu-V :(Cheeky 11 that. aoPl ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (C1ie�ate'' I ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular i"inda Work ne: 20.) Consideration of RESOLUTION 2003-40 REGARDING AND Intergovernmental Agreement with the Fort McDowell Yavapai Nation Tribal Council to contribute $50,000 in Proposition 202 funding to be used for the promotion of tourism. Approve Fiscal4h*Ogt Yes $50,000.00 Purpose of Item and Background Information: To authorize the distribution of Proposition 202 funds for the promotion of Fountain Hills area tourism. The town manager met with representatives from Ft. McDowell who requested the atached proposal and IGA. All use of funds is taken from the Tourism Council's May 8`h proposal. L;it 1A-A tachniefitivasFotysR Letter from Dr. Pattea (Ft. McDowell Yavapai Nation), IGA, Resolution 2003-40. verbal Siauairs of SttirnittiEn�Sn Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet 7-1 resolution 2003-40 prop 202 funding.doc Fort McDowed Yavapai Nation P.O. Box17 79, Fountain 9(ilL,: • 852t"9 Phone (480) S?,-- 121 `Tavj4 O1 S: --Ir: 0 President Dr. Clinton '1f. Pat+.ea `Dice President Bernadine Boyd Treasurer iar,_u DoA�a CouncifMimder Gwen Bahe CouneifMzmber Bened" t Smith, sr. June 16, 2003 Timothy Pickering Town Manager Town of Fountain Hills PO Box 17958 Fountain Hills, AZ 85269 Dear Mr. Pickering: On behalf of the Fort McDowell Yavapai Nation Tribal Council, I'm pleased to inform you that we will soon be making our first contributions to local governments as provided in Proposition 202, the 17 Tribe Indian Self -Reliance Initiative, enacted by the voters in last November's election. By this letter and attached document, we are formally soliciting from the Town of Fountain Hills a proposal to augment your city government's tourism promotion efforts. Tourism is a critical component of our region's economy, but also one that suffers from chronic under -funding at the state level. All governments in the Northeast Valley rely on money spent by the millions of tourists that visit our area every year. But competition for those tourist dollars is increasingly fierce, and we know that our neighboring states of Utah, Nevada and California market themselves very aggressively. Unfortunately, they have the advantage of a greater commitment from their state governments in promoting their attractions and enticing tourists to vacation in their states. Too often, their gains come at our expense. In this, our first round of contributions to local governments under Prop. 202, the Tribal Council would like to contribute $50,000 to the Town of Fountain Hills to be used for the promotion of tourism. We look forward to discussing this with you. Sincerely, Dr. Clinton M. Pattea President r.. Fort McDowell Yavapai Nation Contributions to Local Governments Solicitation of Proposal Background In the 2002 state general election, Arizona voters enacted Proposition 202, the 17 Tribe Indian Self -Reliance Initiative. Passage of this tribally sponsored ballot measure ensured the continuation of limited casino gaming on Indian lands in Arizona. Over the past decade, gaming has enabled many Arizona tribes to begin the process of reversing a historic legacy of institutionalized poverty. Tribal gaming revenues have been used to construct desperately needed infrastructure, increase the provision of social services, improve health care for tribal members, and open up educational opportunities for our young people. The infusion of gaming revenue has allowed tribes to take significant steps down the path of economic self-sufficiency. Still, much remains to be done. It takes more than a decade of gaming to overcome a century of neglect and despair. Above all, tribal gaming has given our people a reason to be optimistic about the future. Under tribal -state gaming compacts signed earlier this year, Arizona tribes will be sharing a portion of their gaming revenue with local school districts, state and local governments and other public entities. In drafting Prop. 202, Arizona tribal leaders believed all Arizonans should share in the benefits of tribal gaming. To that end, a statutorily specified percentage of tribal gaming revenue will be contributed annually to programs and institutions serving the public. A substantial share of tribal contributions will be dedicated to improving the statewide education system; other public beneficiaries under Prop. 202 include medical emergency facilities, wildlife conservation programs, tourism promotion and direct assistance to local governments. Description Under Prop. 202, twelve percent of a tribe's annual revenue -sharing contributions shall be paid to local governments to provide services that benefit the general public. ARS 5-601.02 states that new gaming compacts shall include the following provision: Distributions by tribe to cities, towns and counties. The tribe shall make twelve percent (129,65) of its total annual contribution under section 12(b) in either or both of the following forms: (1) Distributions to cities, towns or counties for government services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development; (2) Deposits to the commerce and economic development commission local communities fund established by A.R. S. Section 41-1505.12 The Fort McDowell Yavapai Nation has chosen to contribute directly to local governments in its region. The Nation will periodically solicit proposals from eligible local governments, and make awards based on its evaluation of the submitted proposals, consistent with the priorities established by the Fort McDowell Yavapai Nation Tribal Council. The Tribal Council may accept in whole or in part, reject, or request modifications to any proposals submitted in response to this letter of solicitation. Proposals that are accepted by the Tribal Council will receive funding under terms specifically delineated in an Intergovernmental Agreement (IGA) between the Fort McDowell Yavapai Nation and the appropriate local government. Unless otherwise stipulated, all awards will provide funding for a period of one (1) year. Tribal Council Priorities The Fort McDowell Yavapai Nation Tribal Council recognizes that there are myriad under -funded public programs and needs in Arizona. Arizona's education system, for example, despite representing the single largest category of expenditures in the state budget, trails virtually every state in the amount of money spent per student. Critically important infrastructure improvements also lag behind; this in a state with the second highest population growth rate in the United States, a circumstance that exponentially increases the need for such improvements. Social service delivery systems are similarly challenged; the costs of social dysfunction dwarf the resources available for prevention and treatment. Local governments stagger under the burden of unmet needs. As the level of government closest to the people, they are disproportionately responsible for providing needed services, yet are severely hamstrung by state imposed restrictions on their ability to fund these services. In drafting Prop. 202, Arizona tribal leaders were determined that a significant portion of revenue sharing dollars from tribal gaming be allocated for direct assistance to local governments. The Fort McDowell Yavapai Nation Tribal Council has identified six general areas of priority to guide its own tribal contributions to local governments. Fort McDowell's contributions will be concentrated in these areas: 1) Education 2) Public Safety 3) Transportation 4) Economic Development 5) Health Care 6) Social Services Proposal Objective In this round of contributions, the Fort McDowell Yavapai Nation is soliciting proposals whose objective is the promotion of tourism in the Northeast Valley. Tourism has been and continues to be a vital form of economic development in Arizona. Our state is blessed with spectacular natural wonders, ranging from the Grand Canyon in the north to Kartchner Caverns in the south, that draw million of visitors every year. Man-made attractions are also important tourist draws; the many world class golf courses in Arizona are testament to this. Whether natural or man-made, Arizona's attractions are greatly enhanced by our southwestern climate, which insists that all visitors to our state trade in their parkas and umbrellas for a pair of sunglasses and a bottle of sun screen lotion. Ironically, despite the immense significance of tourism to Arizona's economy, our state lags behind many of its key competitors for the tourist dollar in public funding for tourism promotion. For these reasons, the Fort McDowell Yavapai Nation Tribal Council has determined that it make contributions of $50,000 each to selected local governments for the purpose of promoting tourism. The awards will be for a period of one year. Application Process Timeframe This initial round of contributions by the Fort McDowell Yavapai Nation will proceed on an accelerated timeframe. Proposals are due by July 1, and the Tribal Council will make its decisions prior to July 25. An IGA should be approved and signed immediately thereafter. Submittal Requirements Complete proposals should include the following elements: 1. A detailed description of current activities aimed at promoting tourism in the Northeast Valley, including a listing of key personnel involved in these activities 2. The amount currently budgeted for tourism promotion 3. A detailed description of how additional funds will be used to augment current efforts, including stipulations that a. The contribution will not be used to supplant current or future funding levels, and b. At the end of the one year funding cycle, there will be provided a final and complete report detailing how funds were actually spent 4. A Resolution adopted by the governing body authorizing the proposal 5. Identification of a contact person for follow-up Proposals should be delivered by mail or by hand to the following addresses: Mailing Address Fort McDowell Yavapai Nation Attn: Raphael Bear General Manager P.O. Box 17779 Fountain Hills, AZ 85269-7779 Phvsical Address Fort McDowell Tribal Office Attn: Raphael Bear General Manager 17661 E. Yavapai Road Fort McDowell, AZ 85264 All inquiries should be addressed to Raphael Bear at the above address or by phone at (480) 816-7146. Town of FOUNTAIN HILLS June 30, 2003 Mr. Raphael Bear, General Manager Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269-7779 Fountain Hills Proposition 202 Tourism proposal, 0 Quarter 6/30/2003 EXHIBIT A SCOPE OF WORK Section 1 — Description of Current Activities and Key Personnel: Objective: The aim of the Tourism Council is to establish high criteria marketing efficiency in the promotion of Fountain Hills and its surrounding areas. The marketing campaign will be conducted as a destination promotion targeting the primary market of domestic travelers by promoting our strengths in the areas of golf, eco-tourism, cultural -heritage tourism, and more. We will also target secondary markets with exposure to regional and local day-trippers through local media outlets. The initial promotional program included the key elements of collateral, advertising, and public relations. Collateral materials and a press kit were developed to help spread the word about all the unique and exciting benefits the Fountain Hills area has to offer travelers. During the past year, and being carried forward into the next fiscal year, are the following elements of our marketing plan: 1. Advertising will target both the consumer and trade/association segments, on nationwide basis, through proven media and publications. A compatible response database will be strictly demanded from the publications/media and will be available to interested parties for individual follow-ups. The value of budgeted advertising dollars will be multiplied through AOT and other available grants. AOT Team Grant Media Date Total Cost E-Z Advertising Official State Visitors Gd Winter $ 6,000.00 AZ Drive Guide Summer $ 986.00 Golf Magazine November $ 2,116.00 Midwest Living Nov/Dec $ 6,220.00 AZ Vacation Guide Fall $ 6,190.00 AZ Vacation Guide Fall $ 2,060.00 AZ Vacation Guide Spring $ 4,700.00 AZ Vacation Guide Spring $ 1,656.00 Grant $29,928.00 T F1� 2 /S¢ubtotal 168�ast�T'�'sad�s�oul�vd� Bu�ding A P.O. Box 17958 Fountain Hills, Arizona 85269 (480) 837 2003 FAX: (480) 837 3145 Page 2 of 3 Fountain Hills Proposition 202 Tourism proposal, 1" Quarter 6/30/2003 2. Joint Promotional Programs — Scottsdale Convention and Visitors Bureau. Due to the value of the Scottsdale Convention and Visitors Bureau joint programs, as documented in the Tourism Impact Study, membership fees will remain a significant line item of the budget. Other memberships, less costly, may be considered if they provide benefits not available through the SCVB or other individual efforts. 3. Fulfillment and Distribution — Continue to employ a mailing house that will send out brochures in response to the fulfillment requests generated through the ad program. The mail house will also be responsible for combining these requests into a leads database for use by individual members. Additional brochure distribution at various points throughout the region will continue at the airport visitor centers, AOT visitor centers, and through the program currently in place for Northern and Southern Arizona as well as San Diego. 4. Design and production of Fountain Hills' promotional materials (brochures, folders, maps, etc.) will continue. Published literature should focus on the general destination assets, avoiding the necessity of frequent updates and allowing for more attention to effective distribution. 5. Website promotion — continue to work with the Fountain Hills Chamber of Commerce to redesign the existing website; giving more focus to visitor information and promoting tourism in the area. Key Personnel on the Tourism Council: fir• The Fountain Hills Tourism Council is willing to assume responsibility for destination promotion and other marketing activities for the Town. It is our position that the current Tourism Council members, with some highly experienced and recognized tourism professionals among them, are qualified and eager to undertake this task. The following individuals currently serve the council: Roxanne Boryczki — Arizona Trails Reservation Service — past chairperson and ad committee Al Brimage — Fountain Hills Taxi Rick Cibik — Fort McDowell Adventures Frank Ferrara — Executive Director Fountain Hills Chamber of Commerce Jay Haffner — Sunridge Golf Club Tracy Herbst — Eagle Mountain Golf Club — website committee Vladimir Hulpach — Fountain Vista Properties & Hilton Hotel — chairperson Phyliss Kern — Phylician Bed & Breakfast — public relations committee Jeff Lessig — WeKoPa Golf Club — vice chairperson and public relations committee Mark McDermott — former AOT executive director and consultant Lee Robinson — at large member and Chamber ambassador Sam Trivedi — Comfort Inn Fountain Hills Don Weintraub — Copperwynd Resort & Spa — ad committee Samantha Coffman- Town of Fountain Hills —treasurer, fulfillment committee and Town liaison Section 2 — Budget: The current budget for fiscal year 2003/2004 is $50,500.00. Of this amount the funds will be designated as follows: Scottsdale CVB Partnership - $30,000 AOT TEAM Grant — Media Advertising - $15,000 Fulfillment Services and Postage - $5,500 Tpickering;tpg;FH prop202proposal.doc/6.26.03 Page 3 of 3 Fountain Hills Proposition 202 Tourism proposal, I" Quarter 6/30/2003 Section 3 — Use of Additional Funds through Prop 202: If granted additional, designated tourism funding, from the Fort McDowell Yavapai Nation, through Proposition 202, the Town of Fountain Hills will be an advocate for Fort McDowell as well as Fountain Hills' and the surrounding tourism industry. The entire scope of work is estimated below. The following list outlines examples of programs, which would be enabled when the funding becomes available: Estimated Costs: • FAM Trip and Press Releases $30,000 • Brochures and Collateral material $ 4,350 • Photo License $ 500 • AZ Tourism Alliance $ 250 • Airport Brochure Distribution Program $ 1,100 • Scottsdale CVB and AOT Trade Show $10,000 • Additional Advertising 3,800 TOTAL $50,000 The largest budgeted program is the familiarization trip (FAM trip), which will be utilized to entertain and inform key media members thus leading to editorial coverage in regional, national and international publications. This trip will include visits to Fort McDowell. This program may include contracting with a professional PR firm, at least on a project basis, to coordinate the FAM trip and issue regular releases and cultivate media relationships. Furthermore, the Tourism Council is prepared to include Fort McDowell in grant advertising by changing the name to Fountain Hills/Fort McDowell Tourism Alliance or something similar. Advertising copy will include a Fountain Hills/Fort McDowell tagline, as well as include website links to Fort McDowell and its enterprises. Press kits will contain information on Fort McDowell and its enterprises (already in place). Additional funds from Proposition 202 would provide -for these programs. In no way will these funds supplant the current budget designated by the town or impact future funding initiatives established by the town or the tourism council itself in seeking a designated funding program for the future. The tourism council will prepare a presentation and reports for both the Fountain Hills Town Council and the Fort McDowell Yavapai Nation documenting the midway results and the final marketing plan including all expenditures and detailing the results of the marketing program. Section 4 — Resolution Attached Section 5 - Follow Up Contact The following person may be contacted for follow up in regard to tourism programs: Samantha Coffman- Town Liaison for Tourism 480.816.5117. Please contact Julie Ghetti, Town Accounting Supervisor for any financial questions. Tpickering;tpg;FH propMproposal.doc/6.26.03 4nlzoNA Fort McDowed Yavapat" Naton P O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 837-5121 Fax (480) 83 7-163 0 d9— President Dr. Clinton M Pattea Nice President Bernadine Boyd Treasurer Larry Doka Council9dember Gwen Bahe Counci(Member Benedict Smith, Sr. August 7, 2003 Timothy G. Pickering, Town Manager Town of Fountain Hills PO Box 17958 Fountain Hills, AZ 85269 Dear Mr. Pickering: Enclosed is one of two original copies of the Intergovernmental Agreement recently approved by the Fort McDowell Yavapai Nation and the Town of Fountain Hills. In addition, the one time contribution of $50,000 pursuant to the Tribal Revenue Sharing Agreement to complete the Project has been mailed. On behalf of the Tribal Council of the Fort McDowell Yavapai Nation, I would like to thank you for your continued support for the Nation and its sovereignty. Sincerely, Dr. Clinton M. Pattea Tribal President C:.. Ze-o Ze_vNAer /-I-VCvVA Click � wA� N 6 e-�'I , Acc� I rIW N W pC��L� 'F l e- M a r Ik Ala er ( Pd- Q :M r— RESOLUTION NO. 2003-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION FOR FUNDING TO PROMOTE TOURISM IN FOUNTAIN HILLS AND SURROUNDING AREAS. - BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills (the "Town") and the Fort McDowell Yavapai Nation for funding to promote tourism in the Town and surrounding areas (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. FOR THE -TOWN (FOUNTAIN HILLS: ATTESTED TO: W. J. Ni REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\ Resolutions\ Ft. McD IGAms.doc 6-26-0} 1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: ('A AjY I, --- Andrew J. McGuire, Town Attorney D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. E. Days. Days shall mean calendar days. F. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 10. Waiver. Waiver by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein. 11. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. "Uncontrollable forces" means any cause beyond the control of the party affected, including but not limited to flood, earthquake, fire, epidemic, Acts of God, or an order declaring a national emergency, which by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 12. Notification. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recog- nized and reputable overnight delivery service, to the address set forth below: For the Fort McDowell Yavapai Nation: Raphael Bear, General Manager Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 For the Town of Fountain Hills: Timothy Pickering, Town Manager Town of Fountain Hills 16836 Palisades Boulevard Fountain Hills, AZ 85268 Ronald Rosier, General Counsel Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 Andrew McGuire, Town Attorney JORDEN BISCHOFF MCGUIRE & ROSE, P.L.C. 7272 East Indian School Road, Suite 205 Scottsdale, AZ 85251 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed 9196.004TT MCD IGA — Prop. 202 Funds.v4.doc 6 7-1-03-1 received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 14. Non -Waiver of Sovereign Immunity. Nothing in this Agreement or Exhibit A shall be construed to waive the Sovereign Immunity of the Nation. IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. ATTEST: Clerk Fort McDowell Yavapai Nation 7/13 Date ATTEST: Clerk Town of Fountain Hills Date FORT MCDOWELL YAVAPAI NATION Dr. C�linta i� Pattea President, Tribal Council Fort McDowell Yavapai Nation TO F F L NT Timolliy Pickering Town Manager Town of Fountain Hills 9196.004TT MCD IGA - Prop. 202 Funds.A.doc 7 7-1-03-1 The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. - 7 — C> Ronald Rosier, General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. -7/1103 Andrew J. McGuire, Town Attorney Date 9196.004TT MCD IGA — Prop. 202 Funds.v4.doc 8 7-1-03-1 EXHIBIT A SCOPE OF WORK If granted additional designated tourism funding from the Fort McDowell Yavapai Nation through Proposition 202, the Town of Fountain Hills will be able to increase its advocacy for regional tourism including the greater Fountain Hills area. The following list outlines examples of programs that would be funded with a Proposition 202 grant: Estimated Costs: • FAM Trip and Press Releases $30,000 • Brochures and Collateral Material $ 4,350 • Photo License $ 500 • AZ Tourism Alliance $ 250 • Airport Brochure Distribution Program $ 1,100 • Scottsdale CVB and AOT Trade Show $10,000 • Additional Advertising $ 3,800 TOTAL $50,000 FAM Trip: The largest budgeted program is the familiarization trip (FAM trip), which will be utilized to entertain and inform key media members, thus leading to editorial coverage in regional, national and international publications. This trip will include visits to Fort McDowell. This program may include contracting with a professional public relations firm, at least on a project basis, to coordinate the FAM trip and issue regular releases and cultivate media relationships with writers whose target markets include women, golf and travel. The Council is utilizing the outline and proposal submitted last year before budget cuts. Some of the proposed magazines include Sunset Magazine, Brides' Magazine and Travel & Leisure Magazine Brochures and Collateral Material: Currently a 4" x 9", three —panel, four-color brochure showcasing Fountain Hills as a destination is utilized. Headline reads: Fountain Hills - One destination, many adventures - Experience it! Brochures are currently located in Fountain Hills Chamber of Commerce, Scottsdale CVB and many hotels and businesses in Fountain Hills. This material is also used as a fulfillment piece for magazine ads and is distributed in various visitor centers and hotel programs. Quantity: 25,000 Stationary Package- Letterhead and envelopes Press Kit Covers- Printed and embossed presentation folders serve as our press kit cover and sales kits for use with the media, travel writers, trade shows and similar venues. Photo License: Licensing fees for images for photos of Fountain Hills used in advertising and marketing materials. AZ Tourism Alliance: The tourism alliance is a lobbying and networking group that was originally started by the Arizona Office of Tourism ("AOT") and spun off as an independent group of tourism professionals that are involved in legislative issues affecting tourism. It is crucial that we be involved to stay current on tourism industry issues and maintain a voice in State issues relating to our industry. 9196.004TT MCD ►GA — Prop. 202 Funds.A.doc 9 7-1-03-1 Airport Brochure Distribution Program: Sources for collateral materials include AOT, which will fill racks through its Downtown Phoenix Office, Arizona Biltmore Shopping Center, Northern Arizona Visitor Center and at a Visitor Center along the California/Arizona border. Another distribution company will fill racks in Southern Arizona, Northern Arizona, Southern California and Phoenix Sky Harbor Airport. Scottsdale CVB: Partnering with the CVB in Scottsdale brings additional business to the area as Scottsdale promotes Fountain Hills as an extension of their product offerings. This partnership also allows any business in Fountain Hills to join the Scottsdale CVB at no charge. If this partnership did not exist, businesses in Fountain Hills would not be eligible to join. AOT Trade Show: Scottsdale CVB and AOT attend major tradeshows throughout the United States and will sell off an area in their booth where the Fountain Hills Tourism Council can distribute their materials. Additional Advertising: Additional advertising remains to be decided and this issue is scheduled for a detailed discussion at the next Tourism Council meeting scheduled for July 23, 2003, 8:30 a.m., at the Fountain Hills Chamber of Commerce. Most likely, the monies will be used for magazine publication but the marketing plan needs to remain flexible, as we will be using the funds depending upon the tourism marketplace. The tourism council will prepare a presentation and reports for both the Fountain Hills Town Council and the Fort McDowell Yavapai Nation documenting the midway results and the final marketing plan including all expenditures and detailing the results of the marketing program. 9196.0041Fr MCD 1GA — Prop. 202 FundsA.doc 10 7-1-03-1 Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A.R.S. §5-601.02 Fountain Hills, Arizona 9196.004TT MCD IGA - Prop. 202 Fun&.v4.doc i-1-03-1 Intergovernmental Agreement Between The Town of Fountain Hills and the Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism in the Town of Fountain Hills And Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation (the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. §5- 601.02. Recitals A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A.R.S. §5-601.02. B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation, government or other private entity. C. The Town is authorized by A.R.S. §§5-601.02(1) and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting tourism in the State of Arizona and specifically the Town of Fountain Hills and surrounding communities (the "Project"). An approved scope of work shall be appended hereto as Exhibit A governing the terms and conditions on the use of these funds. E. Town and Nation desire to enter into this Agreement to define the terms and conditions of this Project. F. The total cost of the Project is $50,000.00. 9196.004TT MCD IGA - Prop. 202 Funds.A.doc 2 7-1-03-1 G. $50,000.00 is hereby made available for the Project from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino. H. The Nation intends to provide $50,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. §5-601.02 to complete the Project. I. Town and Nation have agreed that the Town shall complete the Project according to the terms and conditions set forth herein in addition to any supplemental agreements attached or incorporated by reference in consideration of the Nation providing the Funds. J. Town and Nation have agreed that this Project shall commence on the Effective Date of this Agreement, as defined below, and shall be completed within one (1) year after said date. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows: 1. Project. The Project consists of the Nation providing the Funds to the Town to work with the Fountain Hills Tourism Council to promote tourism in the Town of Fountain Hills and surrounding area. The Nation and the Town hereby approve the scope of work for the Project setting forth the activities, programs and uses to be covered by the Funds (the "Scope ,., of Work"), attached hereto as Exhibit A and incorporated herein by reference. 2. Town Project Design and Management Responsibilities. The Town shall design and manage the Project pursuant to the Scope of Work. 3. Amendments to Approval of Scope of Work. After the Scope of Work has been approved as part of this Agreement, it shall not be amended, modified, or changed without the Nation's written consent. 4. Project Manager and Nation Representative. Town shall designate a Project Manager, and the Nation, at no cost to the Town, may designate a representative to liaison with the Project Manager during the performance of this Project. 5. Financing; reporting. A. Nation Deposit. The Nation shall deposit with the Town the amount of $50,000.00 within twenty (20) days of the Effective Date of this Agreement. B. Reporting. Town shall submit a budget and report of expenditures along with any narrative report required according to the terms of this Agreement (i) six months after the Effective Date and (ii) within thirty (30) days after completion of this Project. C. Project Cost Savings. Town shall refund any amount of the Funds not expended for the Project. 9196.004TT MCD IGA — Prop. 202 Funds.A.doc 3 7-t-03-1 D. Use of Funds for Purposes Other Than to Fulfill Agreement and Scope of TFork. Town shall use the Funds for the express purpose contained herein and Exhibit A. and is prohibited from using funds to supplant current or future funding levels. Any other use of a portion or all of the Funds for a purpose other than to fulfill this Agreement and Scope of Work shall constitute a material breach of this Agreement. In the event of a material breach, Town shall further lose future consideration for award of Section 12 Funds. 6. Inspection and Audit. To ensure compliance with the Scope of Work, the Nation may inspect any and all records maintained by the Town with respect to the Project upon seven (7) days prior, written notice to the Town. Duly authorized representatives of the Nation may perform an inspection or conduct a reasonable audit of books and records pertaining to the Project which are maintained by the Town in order for the Nation to satisfy itself that the monies on the Project have been spent and the Project completed in accordance with this Agreement. Town shall allow Nation reasonable access to the Project site and records pertaining thereto. This Section 6 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 7. Term and Termination of Agreement. A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized representative. B. Term. This Agreement shall commence upon the Effective Date and shall remain in full force and effect for a period of one (1) year thereafter. The Town shall have completed the Scope of Work with this term. C. Termination. i. For Cause. The Nation may terminate this Agreement for material breach of the Agreement by the Town, as described below. Prior to any termination under this paragraph, the Town shall be given written notice by the Nation of the nature of the alleged default. For any material breach other than misuse of the Funds, the Town shall have twenty (20) days to cure the default; the Town shall have ten (10) days to cure a default relating to misuse of the Funds. The following shall be considered a material breach: 1. Persistent disregard of applicable laws, ordinances, or rules and regulations or public authority having jurisdiction; 2. Refusing or failing to perform under this Agreement with such diligence as will ensure its timely completion within the agreed upon time, or failure to complete the work with such time; or 3. Use of the Funds to perform work outside the purpose of this Agreement, (W including the Scope of Work. 9196.004TT MCD IGA - Prop. 202 Funds.O.doc 4 7-1-03-1 4. Failure to comply with the budgeting and reporting requirements set forth in Section 5 above. 5. Failure to comply with the audit and inspection requirements set forth in Section 6 above. ii. For Convenience. The Nation may terminate this Agreement for convenience by giving thirty (30) days written notice to the Town. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. 8. Indemnification. A. Indemnification. The Town shall indemnify, defend, and hold harmless the Nation, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attomey's, consultant's, and account's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the Town, its employees or agents in performing the duties set forth in this Agreement. For other matters arising from the Town's performance of this Agreement and Exhibit A, the Town agrees to hold harmless the Nation, its governing body, officers, departments, employees and agents. B. No Liabilityfor Other Party's Debts and Obligations. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees. C. Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. §12-821.01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. A. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained ,.- herein. 9196.004\FT MCD IGA — Prop. 202 Funds.A.doc 5 7-1-03-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 7/l/03 Submitting Department: Marshals Dept. Contact Person: Marshal Ken Martinez Consent:® Regular:❑ Requesting Action:❑ Tvve of Document Needing Annroval (Check all that aool ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of Resolution 2003-33 adopting the updated Maricopa County Emergency Operations Plan. Staff Recommendation: Approve Fiscal Impact: Yes $5,000 (est) Purpose of Item and Background Information: The current IGA between the Town of Fountain Hills and Maricopa County Emergency Management expired June 1" 2003. IGA renewal and update. List All Attachments as Follows: Staff memorandum, Resolution 2003-33. Type(s) of Presentation: Signatures of Submitting Staff: Department Head 'Z Town Manager :7 Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS ® MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town DT: 06/09/03 Council Through: Tim Pickering, Town Manager FR: Ken Martinez, Interim Town �v- RE: IGA 2003-33, Maricopa County Marshal Emergency Management / Emergency Operations Plan The town's current IGA with Maricopa County Emergency Management expired on June 1st 2003. I am requesting the Town of Fountain Hills renew this IGA with resolution 2003-33. Since 1994, the Town of Fountain Hills has had an IGA in place with Maricopa County Emergency Management. The Emergency Operation Plan provides direction and guidance to Town departments, personnel and supporting agencies. The plan also lists various agencies, available resources, and assigns emergency tasks to ensure maximum survival of the population and to minimize property damage in the event of a disaster. Kmartinez;KLM;E:\My Documents\IGA's\Memo IGA MAricopa County emergency Operations Plan 2003.doc;Created on 6/9/2003 8:44 AM RESOLUTION NO. 2003-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR DISASTER AND EMERGENCY MANAGEMENT SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County relating to disaster and emergency management services is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. , FOR TOWN OV FOUNTAIN HILLS: ,V, 1 r ► .J. Nichods, Mayor REVIEWED BY: _ Tim G. Pickering, Town Manager 9196.0DAMC IGA Enrrgency.ms.do 6-11-03-1 ATTESTED TO: A", Bevelyn J. B de Town Clerk APP OVED AS TO FORM: C An w J. McGuire, TownAttorney cm HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-1009759 07/29/03 16:17 11 OF 11 ALRNIZE CAPTION HEADING: Intergovernmental Agreement between Maricopa County and Fountain Hills for Disaster and Emergency Management Services C-15-04-008-2 DO NOT REMOVE This is part of the official document INTERGOVERNMENTAL AGREEMENT FOR DISASTER AND EMERGENCY MANAGEMENT SERVICES BETWEEN MARICOPA COUNTY, ARIZONA AND THE TOWN OF FOUNTAIN HILLS, ARIZONA C. Ics. 64. 00q 4 This Disaster and Emergency Management Services Agreement ("Agreement") is entered into by and between Maricopa County, a political subdivision of the State of Arizona ("County"), and the Town of Fountain Hills, a public agency of the State of Arizona ("Public Agency"). This Agreement shall become effective as of the date it is filed with the Maricopa County Recorder pursuant to A.R.S. §11-952. STATUTORY AUTHORIZATION County and Public Agency are empowered by A.R.S. §11-951 et seq. to enter into this Agreement. BACKGROUND WHEREAS, there is an existing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from natural, technological, national security or other causes; and, WHEREAS, the parties mutually desire that preparation shall be adequate to provide for the common defense against disaster; and, WHEREAS, the parties mutually desire to assure the coordinated preparation and execution of emergency management programs and plans for the preservation of life and property when disasters occur in accordance with the guidance set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended; National Security Defense Directive Number 259, "U.S. Civil Defense"; applicable Federal Emergency Management Guides and Directives; and applicable State of Arizona Emergency Plans: NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between County and Public Agency as follows: DEFINITIONS 1. For purposes of this Agreement, the term "public agency" shall have the same definition as that contained in A.R.S. §11-951. 2. "Participating Public Agencies" means those public agencies, which have active agreements for Disaster and Emergency Management Services with County. i 3. "Total Budget" means the Maricopa County Department of Emergency Management's General Fund and Grant Fund expenditure budgets as adopted by the Maricopa County Board of Supervisors, plus baseline internal/central service charges, for the Preceding Fiscal Year. Budgeted fund balance expenditures and capital items are not included in the Total Budget calculation. 4. "Local Budget" means the Total Budget less any contributions or reimbursements to that budget from the federal government. 5. "Preceding Fiscal Year" means the year immediately preceding the fiscal year for which a Participating Public Agency's annual assessment is being determined. Annual assessments are based on the preceding year's Local Budget. For example, a public agency's annual assessment for FY2001 is based on the Maricopa County Department of Emergency Management's Local Budget for FY2000. 6. "Capital Items" means fixed assets such as furniture, computers, etc., which shall remain the property of County. Capital Items will physically remain with County, which shall bear the risk of damage thereto or loss thereof. 7. "Population" means the most recent U.S. census figure for each Participating Public Agency. This figure is normally calculated every 10 years, but if a supplementary census is conducted out of the 10-year cycle, the supplementary census numbers will be used, provided that all participating public agencies are included in the supplementary census. TERMS OF AGREEMENT 1. County Obligations County shall: a. Prepare and maintain a county Emergency Operations Plan or Plans ("EOP") with due consideration of hazards that affect all areas in the County. b. Advise and assist Public Agency in the development, review, publication, and distribution of an EOP developed by Public Agency. c. Advise and assist Public Agency with the disaster and emergency management training of such employees as Public Agency shall designate. d. Provide and maintain a coordinated countywide emergency management program for extraordinary operational systems not provided for in normal governmental operations, including: Warning Systems, Communications System, comprehensive emergency management and planning, and an Emergency Operations Center. e. Develop and maintain a countywide inventory of government owned and other resources available for use in the event of a disaster. 2 f. Provide assistance in obtaining Federal or State funds available to Public Agency for emergency management and disaster purposes. g. Advise and assist Public Agency in the timely preparation of reports and other papers required by the state or federal governments. h. Offer coordination assistance to Public Agency in the event of a disaster affecting Public Agency. i. Assist Public Agency in conducting exercises scheduled by Public Agency to test its disaster response capability. j. Advise and assist Public Agency with emergency planning, training and exercises for schools and health care facilities. k. Advise and assist Public Agency in complying with the provisions of Title 26, Chapter 2, Arizona Revised Statutes, and State policies and procedures. I. Advise and assist Public Agency with public awareness and education including but not limited to: (1) providing disaster response pamphlets/handouts to Public Agency emergency management personnel for later distribution to the public. (2) delivering disaster response pamphlets/handouts to libraries, community centers, and senior centers located in Public Agency. (3) giving oral presentations on disaster and emergency -related subjects to schools, civic groups and similar organizations. (4) setting up and staffing information booths at fairs, safety days and similar events. m. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than February 1 of the Preceding Fiscal Year. n. Assist Public Agency with other disaster and emergency management programs as may be agreed upon. 2. Public Agency Obligations Public Agency shall: a. Develop, publish and distribute an EOP which is complementary to and compatible with County's EOP. b. Develop and conduct such emergency management training programs and exercises as it deems necessary. 3 c. Collect and provide disaster and emergency management information when so required by the state or federal government. d. During each fiscal year (July 1 to June 30) of the term of this Agreement, pay to County an annual assessment to be determined as follows: (1) County will pay fifty percent (50%) of the Local Budget plus that portion of the Local Budget allocated to Capital Items. (2) The remainder of the Local Budget will be paid by the participating public agencies, including Public Agency. (3) Public Agency's annual assessment shall be determined by dividing Public Agency's Population by the Total Population of the participating public agencies, and then multiplying the quotient by that portion of the Local Budget allocated to the participating public agencies in the preceding paragraph. 3. This Agreement supersedes any and all agreements, either written or oral, between the parties hereto with respect to the subject matter contained herein and contains all the covenants and agreements between the parties with respect to the rendering of disaster and emergency management services. Except as otherwise provided herein, any effective modification must be in writing signed by both parties. 4. The parties acknowledge that this Agreement is subject to cancellation pursuant to A. R.S. §38-511. 5. In the event of any controversy, which may arise out of this Agreement, the parties agree that the matter shall be arbitrated as provided in A.R.S. §12-1518(A). The method of arbitration and the selection of arbitrators shall be decided by the mutual agreement of the parties at such time as arbitration services are needed. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. 6. The term of this Agreement shall be from the date of its execution until June 30, 2013, unless sooner terminated as provided herein. The Agreement may be terminated by either party giving written notice of such intention to the other party not less than ninety (90) days prior to June 30 of the year during which the notice is given, which shall be the effective date of the termination. 7. Any notices required or permitted to be given hereunder by either party to the other may be given by personal delivery in writing or by registered or certified mail, postage prepaid, with return receipt requested. Notices shall be addressed to the parties at the addresses appearing below, but each party may change such party's address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of three (3) days mailing. Notices shall be addressed as follows: 4 To County to the attention of: Director Maricopa County Department of Emergency Management 2035 North 52nd Street Phoenix, AZ 85008 To Public Agency to the attention of: 8. If any provision of this Agreement is held by a court of competent jurisdiction or applicable state or federal law and their implementing regulations to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect. Dat d t i 4do f , 20 _ 7;- i(! -� —za For To n of Fount 'n Hills: Name Title Dated this jQ�day of dt, 20_0 r oun y: Fulton Brock Chairman, Board of Supervisors The undersigned attorneys for the respective parties each hereby certify that they have reviewed this Agreement and find that it is in proper form, and within the power and authority granted to their respective clients under the laws of the State of Arizona. X XX XXXXX Town Attorney ATTESTQ � - -k, ,, XXXXX X Town CI' rk County Attorney Frdn McCarroll Clerk of the Board 5 Town of Fountain Hills Town Council Agenda Action Form '�- Meeting Type: Regular Meeting Meeting Date: July 1, 2003 Submitting Department: Parks and Recreation/Public Works Contact Person Mark C. Mayer and Tom Ward Consent:® Regular:❑ Requesting Action:❑ Report Only:❑ Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Consider Renewal of Contract Council Prioriiv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Regular Agenda Wording: Consider Acceptance of the Renewal of Contract #02-01 - Annual Landscape Contract, with some adjustments based on the Consumer Price Index Staff Recommendation: Approve Fiscal Impact: Yes $277,632.72 - included in 2003-04 budget Purpose of Item and Background Information: A number of years ago, the Town combined right of way and park landscaping. In addition, the Fountain Hills Unified School District also combined maintenance of their properties in a combined bid to encourage bidders to provide competitive prices for this work. The contract, which is divided into seven sections, was rebid last year, with three vendors awarded the work. Under the terms of the existing contract, the contract can be renewed annually for up to an additional four years, for a total of five, if both parties agree to a price based on the Consumer Price Index for inflation. Under the contract the Town is required to notify the contractors regarding the increase to which they have a number of options: they can decline to participate completely, or they can propose a smaller amount. Finally, they can simply accept the increase. Written responses regarding contract renewal were received from each of the contractors and are attached. TruGreen chose to keep its contract the same. TruGreen performs the mowing and landscape maintenance, spraying, and palm tree trimming. ValleyCrest, which performs tree trimming, requested the increase. Sage, which performs irrigation maintenance wants to option out of that contract. Staff is recommending that the Sage contract not be renewed and that quotes be sought for the work. Sage, which also performs the overseeding, had requested an increase that was higher than the adjustment due to higher seed prices they were encountering. Staff is recommending that this item be pulled and either quotes received or be rebid for later this year. Lastly, Sage performed work in the medians for Public Works under crew hours, and staff is recommending a 2.3% CPI increase. Please note that, due to modifications to the scope of the contractor's work, the amount of the overall contract has been reduced Staff is recommending that the contract be renewed with prices as listed on the attachment. There were no changes in service for any of the contractors concerning their contract with the Fountain Hills Unified School District. List All Attachments as`Followsi a)Spreadsheet with figures reflecting the existing or revised contract amounts due to the Consumer Price Index for inflation b) Copies of renewal letters List All Attachments as Follows: Spreadsheet with figures reflecting the existing or revised contract amounts due to the Consumer Price Index for inflation Type(s) of Presentation: None Signatures of Submitting Staff: l7epartment Head- 7- D 3 Town Manager Budget Review (if item not budgeted or exceeds budget amount) Renewal of Contract #02-01 Annual Landscape Contract Contract Renewal Staff Section Description of Services and/or Materials Contractor Amount Recommendation I Mowing and Landscape Maintenance TruGreen $135,151.00 Remains the same II Irrigation Maintenance Sage $0.00 Not renewing III Spraying TruGreen $26,328.00 Remains the same IV Palm Tree Trimming TruGreen $11,880.00 Remains the same V Tree Trimming Valley Crest $17,873.72 2.3% CPI Increase VI Overseeding Sage $0.00 Not renewing VII Crew Hours (Public Works) Sage $86,400.00 2.3% CPI Increase CONTRACT RENEWAL GRAND TOTAL $277,632.72 TOWN OF FOUNTAL,' HILLS PROJECT NO.: BID 02-01 PROJECT NAME: Annual Landscaping Contract THIS CONTRACT, made and entered into this 15' day of July, 2002, by and between TruGreen LandCare, hereinafter designated "Contractor" and the Town of Fountain Hills, County of Maricopa, and State of Arizona, a municipal corporation, organized virtue of the laws of the State of Arizona, hereinafter designated �Rd existing under and by WIINESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said Owner, in the manner -and at the time hereinafter provided, and of the other covenants and agreements herein contained and under the penalties expressed n agrees, for himself, his heirs, executors, administrators, successors and as ibonas Provided, hereby assigns as follows: ARTICLE I - SCOPE OF WORK: The Contractor shall furiush any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for Pr_ oiect No. 02-01 Bid Sections I — Mowing and Landsca Maintenance III — S ravin . and IV — Palm Tree Trimming and to completely, and totally construct the same and install the material therein for the Owner, in a good workmanlike' and substantial manner to the satisfaction of the Owner and under the direction and supervision of the Owner, or other properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared for the Owner, and with such modifications of the same and other documents that may be made by the Owner or other properly authorized agents, as provided herein. The Contractor agrees that this Con `' tract, as awarded, is for Sections I — Mowing and Landscape Maintenance ($151,549.00), 111 — Spraying ($21,573.00), and IV — Palm Tree Trimming ($11,980.00) from BID # 02-01 in the total amount of One hundred eighty-fiv thousand ousand and two dollars and no/100 ($185 002 00) and understands that payment for the total work will be made on the basis of the indicated amount, as bid in the Bid Schedule. ARTICLE II - CONTRACT DOCUMENTS: project Manuals, General and Special Provisions, Addenda, if any, and Contractors Bid, as accepted by the Mayor and Council. Bid Bond, Performance Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III - TIME OF COMPLETION: Contract period is from July 1, 2002 through June 30, 2003. This contract is renewable on a yearly basis, at the option of the Town of Fountain Hills and the Fountain Hills Unified School District #98 for up to four (4) additional years. ARTICLE IV - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the Owner, through its Contract Administrator or other properly authorized AL&I I", (_ . r' a;ent and to Owner's sa[isfaccion, the Owner agrees to pay the said Contractor the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid and/or lump sum price on the Bid Form made a part hereof. Any progress payments made shall be in accordance with the General Conditions as set forth in the Contract Documents which are a part hereof and final payment shall be made within forty (40) days after final inspection and acceptance of the work. ARTICLE V - CONTRACT ADMINISTRATOR: shall be Mark Mayer, Director of Parks and Recreation or designee. ARTICLE VI — LAWS: This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. IN WITNESS WHEREOF, three (3) identical counterparts of this contract each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. ATTEST: Cassie Hansen, Town Clerk Contractor. 1 a 6teavn LaAd Gage Company * � Narp,,a(title Signature TOWN OF FOUNTAIN M Jon Mark C_ Mayer, Director Parks and Recreation Department W' "am E. Farrell, Town Attomey ALC-2 SAGE LANDSCAPE CONTRACTORS P.O.BOX 17164 FOUNTAIN HILLS, ARIZONA. 85269. PARKS AND RECREATION DEPARTMENT TOWN OF FOUNTAIN HILLS 16836 E PALISADES FOUNTAIN HILLS, ARIZONA 85269. Attn MARK MEYERS : Hello and good morning. This letter is reguarding our acceptance Of the annual contract. ( labor and crew hours) I am sorry, but we must decline sections of the contract entitled ( ryegrass overseeding and Irrigation Technician) please put those Items back out for public bid. Thankyou . DAVID RAU TRUGREEN LandCares"' Cave Creek Branch 4237 E. Forest Pleasant Place \.. ive Creek, AZ 85331 June 17, 2003 Town of Fountain Hills Park and Recreation Department Attention Mr. Don Clark P.O. Box 17958 Fountain Hills, Arizona 85269 Regarding: Contract Renewal Dear Mr. Clark, In connection with our current landscape maintenance contract, and after careful review, TruGreen LandCare has decided not to make any increases to the existing contract. Should you have any questions, or would like to speak to me our office phone number is 480 595-9744, or you can reach me on my mobile at 602 768-9225. Respectfully Submitted, Randy illiams Branch Manager Phone 480-595-9744 / Facsimile 480-595-9539 License #154329 Commercial A-21 & License #154328 Residential C-21 AS T/) ValleyCrest Landscape Maintenance June 18, 2003 Town of Fountain kills Parks and Recreation Department 13001 N. La Montana Dr. Fountain Hills, Arizona 85268 Attn: Don Clark Re: Contract renewal Dear Don; 2902 G. Mini Srrcct Phoenix, Arizona 95040 t el: 602.276, 5900 fax: 602.27(,. R 191 www.v, lleyCrC.�t,C0nj ValleyCrest Tree Care Services formerly Arbor Care is interested in extending the contract for tree trimming. The services will be repeated for Fountain Park and Golden Eagle Park with Four Peaks Park being added. The same contract amount will be honored with the 2.3% increase, however I must be assured that the Town of Fountain Hills will request all visits, consisting of two visits to all three parks in the next contract period. 2003 contract for Fountain Park consisted of 170 trees for $8245. The 2.3% increase brings this to $8434 for the 2004 contract period. 2003 contract for Golden Eagle Park consisted of 160 trees for $7760. The 2.3 % increase brings this to $7938 for the 2004 contract period. The new contract for Four Peaks Park is for 41 trees for a total of $1500. The total for all three parks is $17872. Respectfully Curt J. Nedved Branch Manager ValleyCrest Tree Care Services / Arizona C �E E JUN 11 2003 TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPT. ZVN ZOO/ZOO d 9EO-1 161891ZZ09+ 9OUeu9IUiew 9dMpuej Is91349I M-woad WeVV:Ol EOOZ-OZ-unf FOURTH ADDENDUM TO ANNUAL LANDSCAPING CONTRACT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRUGREEN LANDCARE, VALLEYCREST LANDSCAPE MAINTENANCE AND SAGE LANDSCAPE CONTRACTORS The Town of Fountain Hills, an Arizona municipal corporation (the `'Town") and TruGreen LandCare, LLC, a Delaware limited liability company, ValleyCrest Landscape Maintenance, Inc., an Arizona corporation and Sage Landscape Contractors, an Arizona sole proprietorship (collectively, the "Contractors"), hereby agree to the following addendum to the annual landscaping contract between the Town and the Contractors (the "Contract"). In the event of a conflict between the terms of this Addendum and the terms of the Contract, the terms of this Addendum shall prevail. Article II, Contract Documents, is deleted in its entirety and replaced with the following: ARTICLE II - CONTRACT DOCUMENTS: Invitation for Bid #02-01, Project Manuals, General and Specific Provisions, Addenda, Contractors' Bid, Bid Bond, Performance Bond, Payment Bond, Certificates of Insurance and Change Orders, if any, are by this reference incorporated as part of the Contract as if fully set forth herein. 2. Except as expressly modified herein, all terms and conditions of the Contract shall remain in full force and effect. EXECUTED 2003. "Contractors" TRUGREEN LANDCARE, LLC, a Delaware limited li bility company By: Z ` Name: ? fNil �I �t VALLEYCREST LANDSCAPE MAINTENANCE, INC, an Arizona co*orati L��'' B Name: / 4/c%,4e/ 9196.009Wddendum- landscaping.doc 6-25-03-1 I "Town" THE TOWN OF FOUIrAIN HILLS, an r C - ,� • • r SAGE LANDSCAPE CONTRACTORS, an Arizona sole proprietorship By: )D a4�4 �— 1yl Name: s ktPE W4r•4,66cA0( C tJivjr�/iG�V y Title: 9196.009WAddendum- landscaping.doc 6-25-03-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 7/1/2003 Contact Person: Pickering Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ® Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of approving the Settlement Agreement with Brown and Bain. Staff Recommendation: Approve Fiscal Impact: Yes $30,000 Purpose of Item and Background Information: To settle the claim submitted by Brown and Bain. List All Attachments as Follows: Settlement agreement Type(s) of Presentation: none Signatures of Submitting Staff: Department Head G �A� -03 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet 7-1 settlement agreement.doc Bender, Bev From: Barr, Daniel [Barr@ brown bain.com] Sent: Friday, June 27, 2003 9:38 AM 0: Bender, Bev %tubject: Brown & Bain v. Town of Fountain Hills Bev, This will confirm our phone conversation yesterday in which I gave you permission to fill in the date 1126" for June 26, 2003 as the date of signature of Paul Eckstein. Thank you. Dan Barr • BROWN & BAIN, P.A. Attorneys at Law June 26, 2003 Brown & Bain. P.A. v. The Town of Fountain Hills Dear Andrew: DANIEL C. BARR T(602) 351-8085 F(602) 648-7085 barr@brownbain.com Enclosed are duplicate original executed Settlement Agreements we discussed over the phone earlier this morning. I will fax to you a proposed Stipulated Motion for Dismissal and accompanying Order for your review later today. cerely, Daniel C. Barr Andrew J. McGuire Jorden, Bischoff, McGuire & Rose, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 HAND DELIVERED DCB/sln MAILING ADDRESS STREET ADDRESS P.O. BOX 400 2901 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85001-0400 PHOENIX, ARIZONA 85012-2788 T(602) 351-8000 F(602) 648-7000 www.brownbain.com SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Agreement is entered into between Brown & Bain, P.A. (as defined in paragraph 1 below) and the Town of Fountain Hills (as defined in paragraph 2 below). Brown & Bain and the Town of Fountain Hills are referred to collectively as "the Parties," and any one of the Parties may be referred to as the "Party." RECITALS This Agreement has been executed in compromise and full settlement of the Disputes against any Party of this Agreement. PARTIES 1. "Brown & Bain, P.A." includes its predecessors, successors, subsidiaries and affiliates, and its partners, principals, officers, directors, trustees, employees, agents, fiduciaries, lawyers and all other representatives, past, present or future, and their respective heirs, executors, administrators, successors, representatives and assigns. 2. "Town of Fountain Hills" includes its respective predecessors, successors, subsidiaries and affiliates, and its partners, principals, officers, public or elected officials, directors, trustees, employees, agents, fiduciaries, lawyers and all other representatives, past, present or future, and their respective spouses, heirs, executors, administrators, successors, representatives and assigns. 2 PAYMENT TO BROWN & BAIN, P.A. 3. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties wish to, and hereby do, settle and resolve all disputes between them as of July , 2003 (the "Effective Date"), and release each and every known and unknown claim that any of the Parties may have against another Party, as of the date of this Agreement with each Party to bear its own costs and attorneys' fees pursuant to the terms set forth below. On or before the Effective Date, the Town of Fountain Hills shall pay Brown & Bain, P.A., the sum of US $30,000. EXCHANGES 4. The Plaintiffs filed a civil action in the Maricopa County Superior Court in the State of Arizona entitled Brown & Bain P.A. v. Town of Fountain Hills, Arizona, Cause No. CV2002- 020950 ("the Lawsuit"). All allegations or potential allegations and all claims in the Lawsuit are incorporated in this Agreement by this reference. 5. Each of the Parties shall and hereby does, waive, release and forever discharge the other Parties, and the other Parties' officers, partners, directors, public or elected officials, shareholders, employees, heirs, legal representatives, successors and assigns, from and against any and all claims, demands, actions, causes of action, obligations and liabilities whatsoever which it ever had, now has, or hereafter may have in any matter arising out of, resulting from or relating to any known or unknown claims regardless of source as of the Effective Date of this Agreement. 6. Upon the Effective Date of this Agreement, each of the Parties will be deemed to have settled and released fully, finally and forever, any and all Claims, asserted or unasserted, 3 known or unknown, accrued or not yet accrued, suspected or unsuspected, contingent or non -contingent, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. All of the foregoing is included within the definition of "Claims." 7. The releases contained in this Agreement are intended to extend to, and to fully and finally extinguish the Lawsuit and all Claims that any Party may have, or have had, against any other Party as of or before the Effective Date of this Settlement Agreement and Release. 8. The Parties understand and agree that their beliefs and assumptions regarding facts or circumstances (other than the terms of this Agreement) that a Party may have understood or believed at the time that this Agreement was negotiated or executed may be mistaken or otherwise in error. Each Party expressly accepts and assumes the risk of facts being different from its belief, assumptions or perceptions, as of any date prior to and including the date of this Agreement. The Parties agree that this Agreement shall be in all respects binding and effective regardless of what the actual facts and circumstances may be found to be, and that this Agreement (or any term of this Agreement) shall not be subject to termination, rescission, or modification by reason of any mistaken or erroneous belief or assumption (other than as to any term of this Agreement), regardless of the source of the mistaken or erroneous belief or assumption, including whether any such mistaken or erroneous belief, assumption or perception is based on a representation by another Party. 9. The Parties acknowledge to one another that no promise, inducement or agreement not contained herein has been expressed or made to any of them in connection with this Agreement. 4 10. Neither the settlement evidenced by this Agreement, nor the negotiations leading to this Agreement, or any of its terms, may be considered an admission by any Party. No past or present wrongdoing on the part of any Party may be implied by this Agreement or any term hereof. The Parties understand and agree that none of the provisions of this Agreement shall be considered as an admission of liability, negligence or wrongdoing on the part of any Party to this Agreement to any other Party of this Agreement, said liability being hereby expressly denied. 11. Each Party warrants that it has not sold, assigned, transferred, conveyed or otherwise disposed of, or attempted to dispose of or transfer, any of the claims, rights or obligations referred to or in any way related to this Agreement. 12. Within five (5) business days after the Effective Date of this Agreement, counsel for the parties shall execute and file a stipulation and proposed order dismissing the Litigation with each party to bear its own fees and costs. 13. Each Party agrees fully to cooperate and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms of this Agreement. 14. If there is a dispute between the Parties to this Agreement relating to its terms or enforceability, the prevailing Party shall be entitled to recover from the other all costs, expenses, including reasonable attorneys' fees, incurred in connection the dispute. If any Party should bring suit against another Party seeking relief (whether injunctive, declaratory, for damages or otherwise) on the basis of any actual, alleged breach, anticipatory breach or repudiation of any term of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred in connection therewith, whether or not suit is brought thereon, or, if brought, prosecuted to judgment. 15. This Agreement may be executed in counterparts, and each counterpart shall be deemed an original. 16. By signing this Agreement, each Party warrants that it has read and understands the Agreement, and it is signing it voluntarily after receiving advice from its legal counsel. This Agreement constitutes the entire, integrated agreement between the Parties with respect to the matters set forth herein and supersedes any and all prior and contemporaneous agreements, promises, representations, negotiations and understandings of the Parties, whether written or oral. 17. This Agreement may be amended or modified only by a written instrument signed by each of the Parties or their successors -in -interest. 18. Each Party represents that this Agreement is the sole and exclusive evidence of the intentions of the Parties. Each Party voluntarily and expressly waives any inquiry and any examination regarding any evidence of intent outside of the four corners of this Agreement. 19. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be impaired or affected in any way. 20. No provision of this Agreement, no breach thereof and no right or remedy becoming available upon the happening of such breach can be waived except by written instrument dated and executed by the Party against whom enforcement of such waiver is sought. 0 Any waiver given as provided above shall apply to the particular instance and at the particular time only. No course of conduct between the Parties shall operate as a waiver. 21. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, devisees, personal representatives, successors and assigns. DATED this A' day of June, 2003. BROWN & BAIN, P.A. Its e-14hipapeaW DATED this -5�' d�/of July, 2003. TOWN OF By " , 4 -! - -..— Its �" / �9 YyA 234378_1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 07/01/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® TVbe of Document Needing Approval (Check all that a ® Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas: ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: PUBLIC HEARING to receive comments on amending the official zoning districts map of the Town of Fountain Hills by rezoning ± 1.71 acres of land along Shea Boulevard from R1-43, Single Family Zoning district, to C-1, Neighborhood Commercial and Professional Zoning District. Case Number 10 Z2003-05. Consideration of ORDINANCE 03-16 amending the official zoning districts map of the Town of Fountain Hills by rezoning ± 1.71 acres of land along Shea Boulevard from R1-43, Single Family Zoning district, to C-1, Neighborhood Commercial and Professional Zoning District. Case Number Z2003-05. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for consideration of an application to Rezone Lots 7, Block 6, Final Plat 412-B, located at 19000 East Shea Boulevard, east of Cereus Wash between Shea Boulevard and Firebrick Drive. List All Attachments as Follows: Ordinance #03-06, Staff Report, Engineering Memo, applicant narrative, maps. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D art ment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor and Council DT: June 25, 2003 FR: Denise Ruhling, Plann ` RE: Rider Rezone from R1-43 to C-1. Case Number Z2003-05. This request is for consideration of an application to Rezone Lot 7, Block 6, Final Plat 412-B, located at 19000 East Shea Boulevard, east of Cereus Wash between Shea Boulevard and Firebrick Drive. APPLICANT: OWNER: EXISTING ZONING: PROPOSED ZONING: EXISTING CONDITION: LOT SIZE: SheaProp LLC/Rider Land & Development LLC. Martin Dawson et al R1-43 C-2 Vacant Land 74,488 SF (1.71 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned "C-2" SOUTH: Single family residential, zoned "R1-43" EAST: Crossroads Convenience Center, zoned "C-2" WEST: Vacant land, zoned "R1-43" with Firerock Resort Casitas beyond, zoned "R- 5" SUMMARY: The applicant is requesting approval of an application to rezone one lot from R1-43, single-family residential/one acre per dwelling unit, to C-1, neighborhood commercial and professional zoning. The zoning ordinance describes the principal purpose of the C-1 zoning district is to provide a location for modest, well designed commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community which are not detrimental to the integrity of the offices throughout the community. The applicant is proposing to construct a one- story office -commercial project on lots 5, 6, & 7. The Town Council voted to amend the Town's General Plan to reflect commercial uses on the property on August 6, 1998. The General Plan 2002 update that was adopted June 20, 2002 also indicates General Commercial on the Existing Land Use map (Exhibit 3) and shows General Commercial/Retail on the Proposed Land Use map (Exhibit 4). The General Plan 2002 text relates the requested C-1 zoning designation to a Generalized Land Use Designation of Service/Employment, which is consistent with the proposed office/retail uses (page 14). Rider Shea Rezone lot?.doc Page 1 of 2 The applicant proposes to construct a small-scale highway commercial project that will have approximately 20,600 square feet of leaseable space for retail and restaurant uses. The applicant is targeting intra-city commuters and hopes to provide business that will not compete with the local downtown retail traffic. As proposed, the project will not require any transfer of disturbance, density transfers or lot join requests. Cereus Wash will remain untouched. The proposed development would take all access from Shea Boulevard and would eliminate any rear access from Firebrick Drive by dedicating a non - vehicular access easement (N.V.A.E.) along Firebrick Drive. The dedication of the N.V.A.E would mean that no driveways would be allowed to enter or exit onto Firebrick, thus protecting the residential neighborhood to the south from all traffic generated by the project. The applicant is also proposing to plant a row of trees in the right-of-way on Firebrick Drive that would help to screen the proposed project and existing fast-food restaurants on the north side of Shea Boulevard for the homeowners directly south of the site. The project owner would maintain the trees. The existing businesses across Shea Boulevard from this location are Wendy's, Arby's, Taco Bell and an automotive repair facility. Further west on Shea Boulevard are partially and fully developed retail centers, motel and service stations and the regional shopping center, Four Peaks Plaza containing Target. The proposed project would be compatible with the existing Shea Boulevard regional commercial development and would not compete with the local business development in the Town Center. EVALUATION ® On February 20, 2003, Council approved Ordinance number 03-06 approving the rezoning of the adjoining lots 5 & 6 from R1-43 to C-1. • The requested rezoning from R1-43 to C-1 is consistent with the General Plan land use map. Engineering has reviewed this request and has provided stipulations consistent with the stipulations given during the rezoning of lots 5 & 6. These stipulations are site design based and will be addressed at site/concept/building plan review. The Planning & Zoning Commission reviewed this application at public hearing June 12, 2003, and recommended approval by unanimous vote. RECOMMENDATION Based upon the ability of this development to add benefit to the surrounding commercial uses, the positive economic impact and previous rezoning of lots 5 & 6. The Planning & Zoning Commission and Staff recommend approval of the rezoning of Final Plat 412-B, Block 6, Lots 7 from R1-43, single family residential to C-1, Neighborhood Commercial and Professional, case number Z2003-05 with the stipulation that the applicant work with Town staff to comply with the Town Engineer's requirements as outlined in his memo dated May 30, 2003 (attached). Rider Shea Rezone lotTdoc Page 2 of 2 ORDINANCE NO. 03-16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY REZONING ± 1.71 ACRES OF LAND ALONG SHEA BOULEVARD FROM R1-43, SINGLE FAMILY ZONING DISTRICT, TO C-1, NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, that adopted the Zoning Ordinance for the Town of Fountain Hills, including the "Official Zoning District Map"; and WHEREAS, the Town Council has determined that it is desirable and appropriate that + 1.71 acres of land located along Shea Boulevard, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), be rezoned from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District; and WHEREAS, the rezoning contemplated herein is consistent with the land use established for the Property by the 2002 Town of Fountain Hills General Plan; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the May 28, 2003 edition of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on June 12, 2003, and by the Town Council on July 1, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Official Zoning District Map" is hereby amended to change the zoning district designation of the Property from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 9196.001\Riderrezone.rl-43WC-l.ord.doc 6-23-03-1 [SIGNATURES ON FOLLOWING PAGE] 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. FOR THE TOWN UNTAIN HILLS: REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\Rider rezone.rl-43toC-l.ord.doc 6-23-03-1 PA ATTESTED TO: 19.J rdh7V,0-A-M01A1, C: •: Town APPROVED AS TO FORM: 0't- - �'a� Andrew J. McGuire, Town Attorney A-k� c'c h Y-y-t e n� / I R .._ ,_- i��gl.4 �• ,, _, ,_, •_ LOTS 5 6 & 7 ii J �� $ ' TOPOGRAPHIC SURVEY — Anderson Nelson, Inc. �� Es.l McDowY f1osE vno.N.. �,1:en. $fiooe f�hD • S—Yft • Slls &**W Pku . Su *Aw &W*a —i . (602) 273-1850 Cansfrucfion Minsgemenf - Compufer Sersfces Fe w eiu ii 1e6oii.i�I. i-" ,,.,�_ Rider Rezone, Lots 5, 6, &7 - restatement Page 1 of 4 Chron 064 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INTER OFFICE MEMO TO: Denise Ruhling DT: May 30, 2003 FR: Randy Harrel, P.E:', L.S. RE: Rider Rezoning To Engineer 19000 Place Commercial Center Plat 412B, Block 5, Lots 5, 6, &7 Case Z2002-12 and Z2003-05 We have modified our previous review comments for the above Lots 5,6, and 7, in accordance with previous Council discussion and as requested by Public Works Director Tom Ward. We have also re -grouped those review comments for clarity and to avoid duplication. Our comments are intended both to provide stipulations for the rezoning request, where appropriate, and to provide guidance for the applicant to prepare a potential future preliminary plat application. PLAT • Obtain an abandonment of the "No vehicular access" restriction along Shea Blvd. from the Town Council. • Grant a F VNAE along the Firebrick Drive frontage. • In accordance with the original Master Plan for Fountain Hills (Maricopa County, Case MP 70-1) a 100' buffer along the east Town boundary was required. It was not required south of Shea Blvd. along the Town's south boundary, because of the very large and deep single-family lots planned there. Provide verification from the Salt River -Pima Maricopa Indian Community that the setback of Building F (at the southeast end of Lot 7) is acceptable. Alternatively, provide a 100' buffer strip (a building setback or non -building easement) from your southeast property line. TRAFFIC • Provide a revised traffic study based on the more -intense, currently proposed building areas, usages, and Shea Blvd. traffic. Lengthen all turn pockets, exit stacking lengths, traffic signal analysis, etc, as necessary. • If a traffic signal is warranted at the easterly driveway within 5 years after final acceptance of the project improvements, construct it. Provide a 5-year bond for it if not currently warranted. (The proposed access to Shea Blvd. is an access upgrade to that previously allowed for this site. The design condition should therefore be for a 20-year period. Include in the traffic report the build -out traffic both at this project and at the Crossroads Convenience Center when evaluating the need for a traffic signal at the east driveway. Use a 20-year future volume on Shea Blvd. Construct or bond for 5-years for any necessary facilities.) • Provide an emergency ingress/egress route and easement from Shea Blvd. to Firebrick Drive through the site parking lot. • Construct a 3" traffic signal conduit across the proposed east driveway. Construct a 3" traffic signal conduit across Shea Blvd at the proposed east driveway (if there will Rider Rezone, Lots 5, 6, &7 - restatement Page 2 of 4 Chron 064 be any other utility pavement cut in that vicinity). Construct a 2" traffic signal coordination conduit across the full Shea Blvd. frontage for the site and Cereus Wash.. Use #5 pull boxes at all conduit ends and at a 200' maximum spacing for all traffic signal conduit. • Verify the length and need for the acceleration lane shown on Shea Blvd. at the east driveway. Verify the deceleration lane lengths. • Verify that the sight distances from the driveways along Shea Blvd. are adequate, per the Town's Intersection Sight Triangle (18' behind curb to the center of the critical travel lane for an 840' distance, for a 50-mph design speed). Probable sight line issues include: o Frontage landscaping along the south side of Shea Blvd. looking west, on the inside of this curved street. o Cereus Wash box culvert guardrail. o Slight vertical crest curve looking west. o Median landscaping looking east from the east driveway. o Because of the Shea Blvd super -elevation and uphill east driveway, verify that site traffic can adequately see the Crossroads Convenience Center driveway traffic. Relocate the project sign shown (at the site end of the east driveway median) if it is a sightline obstruction. ROADWAY • Revise the east driveway to align with the Crossroads Convenience Center driveway. Modify the median noses to fit that driveway location. (The median noses should end near the curb returns for the driveway — probably 35' outside of the edges of the driveway aisle.) • Construct a 6' meandering concrete sidewalk in the Shea Blvd right-of-way from the Texaco station parking lot to this project's east driveway, and into the site. (8' wide on the Cereus Wash box culvert.) Grade and bond for a possible future meandering 6' sidewalk from the east driveway to the southeast property line. • Construct a 5' concrete sidewalk along Firebrick Drive from the Mirage Resort Casitas into the project. • Reimburse the Town for its cost along the Shea Blvd. property frontage for the third eastbound lane and bike lane,'of $80,000. • Widen each entrances/exit driveway to 20'minimum half -widths per the MCDOT roadway design manual. • The east exit driveway should have at least two lanes, and be 28' wide. Stacking length will need to be much longer for the east driveway (length per a revised traffic report). We estimate that at least 100' of stacking distance will be needed for the left turn lane (4 cars). Even if the NB-EB acceleration lane is not needed, that exceeds the 60' available to your aisle -way as shown. • Show the existing bike lane on Shea Blvd. • Provide a gated, emergency access from Firebrick Drive, with a Knox box -or Opticom detectors. Rider Rezone, Lots 5, 6, &7 - restatement Page 3 of 4 Chron 064 • Since there is no cul-de-sac bulb at the end of Firebrick Drive, provide a cul-de-sac bulb or hammerhead turn -around there. (Depending on its location, the above emergency access gate approach may provide this.) • At the rear of Buildings D and E, wouldn't it be preferable to park the cars adjacent to the building sidewalk, instead of across the aisle? DRAINAGE • Extend the Cereus Wash box culvert as required. (A FEMA LOMR may be required.) (Extend the Cereus Wash box culvert for the west driveway's right turn deceleration lane, 8'sidewalk, barrier railing, and 3:1 fill slope.) Show the Cereus Wash 100-year high water line. • Provide a drainage easement or a tract, scour protection, and native landscaping for the east bank of the adjoining Cereus Wash. Verify that your site grading will not require steeper than 3:1 bank slopes along the east bank of Cereus Wash., and will not infringe on the existing flow area, nor into the adjacent Town -owned property. • Show the existing Cereus Wash banks, box culvert, guardrail, top of slope, and distance to the Texaco driveway. • Other probable needed storm drainage features include: o A catch basin on Shea Blvd. at the west driveway entrance, and on the driveway, draining to Cereus Wash. o A catch basin along Shea Blvd., in the landscaped frontage area on the northwest side of the east driveway, connecting into the existing culvert under Shea Blvd. o A catch basin along Shea Blvd., in the parking lot, and in the landscaped frontage at the east end of the site, connecting into the existing culvert under Shea Blvd. • On -site storm water detention may be required, except for flows that drain directly from the site into Cereus Wash, due to the capacity of the existing culverts under Shea Blvd. UTILITIES • Place two fire hydrants at 1,000' +/- spacing along Shea Blvd. and one fire hydrant along Firebrick Drive. • With the number, size, usage, and proximity of the buildings shown, you may need to tap to the 12" water main on the north side of Shea Blvd., the waterline at the Firebrick/ Last Trail intersection, and/or the water line along the south side of Shea Blvd at the Texaco station, even with the flow reduction credit for fire sprinklers, for fire flow or reliability. • There is an existing waterline at your southeast boundary. Show its existing easement recordation data, or provide a new easement. LANDSCAPING • Landscape and maintain the Shea Blvd. and Firebrick Drive right-of-ways. Landscape the southeast property edge along the Indian Reservation. Remove the dead trees and saguaros burned in the 1993 fire from the areas labeled as "undisturbed", as -well as from the rest of the site. • The "undisturbed areas" shown on your plan are not correct. Undisturbed areas should not include the Shea Blvd. right-of-way (it's not on your property and most of Rider Rezone, Lots 5, 6, &7 - restatement Page 4 of 4 Chron 064 it has been disturbed previously), the Cereus Wash bank (it will need to be (` substantially re -graded and re -vegetated), the sloped bank along Firebrick Drive needing re -grading (it was either previously graded or needs to be re -graded with your project), and areas along the previously utilized dirt roadway through your site. • Provide a screen wall, berm, or other buffer from headlights to adjacent residential property to the northwest (Lot 4 and the Firerock Resort Casitas) and to the southwest (across Firebrick Drive). Cc: Tom Ward Jim Leubner Pat Lay Mike Thompson The Town of Fountain Hills PBA 1;02 COMMUNITY DEVELOPMENT DEPARTMENT CaseManagereonly Fountain Hills, Arizona APPLI s APPLICATION'. Area Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURERF THE REQUEST: 11-4 �- PROJECT NAME Mrs. Applicant: wk- 421& Ad Day PhoneSol Mr. Ms. Address: �CitY: State: Zip: � Mrs. Owner: lWriAJ L Mr. Day Phone Ms. Address: L _ City:` �( State: Zp; If application is being submitted by someo a obier Chan the owner of the property under consideration, the section below ml, be completed, ��- L SIGNATURE OF OWNER DATE — I HEREBY AUTHORIZE r+ck, �- TO FILE THIS APPLICATION. Please Print (!!ubscribe and SWom be f re me this OFFICIAL SEAL day of r Y PHYLISS L. KERB Cr3 �'blals TJ�rizona MARICOPA COUNTY My Commission MY comm. expires Aug. 18, 2003 Notary Publ� FILING DATE: FEE PAID: ACCEPTED BY: (See Fee Schedule) Application Page 2 of 7 Case Number PBA 1 p? The Town of Fountain Hills LEGAL DESCRIPTION Plat Name o�..__ PROPERTY AD PARCEL SIZE (Acres) / / ASSESSOR PARCE -7� L NUMBER 1 NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: e(' Lf C- / PROPOSED ZONING Application -.*W Page 3 of 7 — Case Number TOWN OF FOUNTAIN HICK. APR 0 4 2003 Office/Retail Project Lot 7 Block 6 Plat 412-B Located Immediately Southwest of Shea Boulevard And Northeast of Firerock Drive REQUEST FOR APPROVAL Of. • REZONING TO C-1 • ABANDONMENT OF V.N.A.E ALONG SHEA BLVD. • RECORDING OF V.N.A.E ALONG FIREBRICK DR Narrative Prepared by Rider Land & Development LLC., Managing member 15705 E. Richwood Avenue Fountain Hills, AZ 85268 October 25, 2002 PURPOSE OF REQUEST The purpose of this application is to seek approval of a request to rezone approximately 1.71 net acres of property on Shea Boulevard from R1-43 to C-1 to allow for the development of a small-scale, single level 20,600-sq. ft. highway commercial project. This zoning application follows up the general plan amendment approved by the Fountain Hills City Council in 1998 redesignating the property for commercial uses. PROPERTY HISTORY This 1.71 net acre site is located in the southeast corner of Fountain Hills adjacent to the Salt River Pima — Maricopa Indian Community boundary on the south side of Shea Boulevard. As noted above, the property was the subject of a previous request to amend the general plan designation from "Single Family Very Low" (SF/VL) to "General Commercial/Retail" (C/R) in 1998. This general plan amendment was approved by the Town Council in 1998, but the rezoning request to C-1 was deemed premature at that time. In 2003 The City Council unanimously approved the rezoning to C-1 of the two adjacent lots 5 & 6. DESCRIPTION OF PROPOSAL The applicants are planning to build a small-scale highway commercial project on this property, which will be consistent in both quality and design with their previous existing project located across Shea Blvd. at 17100 E. Shea Blvd. This project will have approximately 15,000 square feet of leaseable building area for miscellaneous highway oriented retail, restaurant, which will serve the market generated by Shea Boulevard rather than Downtown functions. The current daily traffic count of 35,000 plus cars per day is composed primarily of commuters between Scottsdale and Mesa, and, on the weekends, of people traveling to the Payson, and Saguaro lake recreational areas. The contemplated uses are designed to take advantage of the eastbound commute and recreational traffic that already use Shea Blvd. The types of tenants targeted are those that will entice the commuter to stop briefly for convenience items. The synergy between the downtown commercial areas and the Shea Blvd. Commercial areas will provide the City of Fountain Hills with the best of both worlds. The steady increase in commuter traffic will continue along Shea Blvd. Regardless of anything taking place in Fountain Hills as both Mesa and Scottsdale expand. By capitalizing on 1 this fact, Fountain Hills will gain both new businesses and sales tax revenue that can never be had at the downtown location. DEVELOPMENT CRITERIA The project will comply with all of the City's development standards. The approximately 35% 45' of excess Shea Boulevard right-of-way will remain in its native desert condition (with perhaps some additional plantings of native vegetation). Site development complies with all aspects of the City's Hillside Ordinance. In fact, the plan embraces the goals and objectives of this ordinance. Building setbacks range from 25' to 60' from the property line along Shea and 35' to 55' from Firebrick Drive. All buildings will be one- story tall with a maximum height up to 25' essentially to provide for architectural enhancements. In addition to the rezoning itself, this case also includes a request that the 1 ft. vehicular non -access easement (V.N.A.E.) along. Shea Boulevard be exchanged for a 1 ft. V.N.A.E. along Firebrick Drive. The site plan calls for access to the property. to be restricted to Shea Blvd. in order to protect the neighborhood to the south and their local street Firebrick Drive. The existing access to Firebrick Drive would be deleted and prohibited in the future through the 1 ft. V.N.A.E. The row of trees proposed to be planted in the right of way, to be maintained by the applicant, will further prohibit vehicle traffic, noise, and onsite views for the residents south of the subject property. Development of the property will benefit the adjacent residential properties to the South by creating a physical and visual barrier, which will shield the lower elevation residential properties from the Shea Boulevard corridor. The buildings and landscaping will also form an acoustic barrier, effectively lowering the traffic noise that is currently penetrating the neighborhood. The proposed ..r w'd .' .:..♦ fry ^, planting of large box trees along Firebrick Drive is specifically designed to screen the project and Shea Blvd. itself from the four nearby houses. In the photo to the right, - taken from the neighbor's property, w"= you can see that only the western • , >: L ` " r corner of the site is currently visible.. from this residence. In so doing, this landscaping buffer will also screen out the view to the fast foods.. restaurants on the North side of Shea Blvd. for at least two of the existing homes. The proposed development plan will also screen out the view of the fast food restaurants for the residents in the condominium project south of the gas station and west of the subject site. The elevation of the other two homes is approximately 100 feet above the site which means that it is not possible to actually screen the uses from these houses, but the proposed landscaped barrier will at least provide an aesthetically pleasing transition. Finally, by grading the lots as shown on the preliminary grading plan, landscaping the right of way and landscaping the setback along Firebrick Drive (the highest possible 2 point) as noted above, this development will functionally separate the neighborhood from the Shea Blvd. corridor. RELATIONSHIP TO SURROUNDING PROPERTIES AND DOWNTOWN The property to the east across Shea Boulevard is zoned C-2 and is developed as the Crossroads Convenience Center (Wendy's, Arby's and Taco Bell), and auto service building. The adjacent property to the North is zoned C-1, and is under development. The property to the north across the Cereus Wash (zoned R-5), is developed with a Texaco gas station and full service car wash zoned C-2. Indeed, all of the similarly situated property on Shea Blvd. has already been zoned to commercial use, except for the three lots making up the subject property. The property to the west is part of the Firerock subdivision and is zoned R1-43. The Firerock ResortCondominiums are zoned R=S. The property to the south is the Salt River -Pima Indian Reservation. Since the deferral of the C-1 rezoning request in 1998, a number of private actions have been taken to spur development of commercial property in the Downtown as well as in the vicinity of this request on Shea Boulevard. More than 15 commercial building projects have recently been constructed in the Downtown area (see the attached aerial map of Fountain Hills commercial districts), the Target Center just north and west of the site is open for business and the Fort McDowell Indians are now planning more commercial development, reportedl;T anchored by a WalMart Superstore near their casino on the Beeline Highway. This addition of commercial space to the Town of Fountain Hills will enhance the Town's revenue from sales tax and rental taxes. This development will complement the development of the adjacent lots. This proposed project would have virtually no impact on Downtown commercial activity. Since there is no major traffic arterial through the Downtown area, the Downtown has been designed and developed to suit two specific needs that are not related to highway commercial: Neighborhood commercial and destination oriented tourist activity. Neither of these downtown uses or functions will be impacted or compromised by this minor 1.71 acres of highway commercial development with only 20,600 sq. ft. of space. The only tenants that will be attracted to the subject property are those that depend upon high visibility from highway traffic. 3 09 The General Plan, revised in 2002, reconfirmed this area to be designated as "General Commercial / Retail" (C/R) and recognizes the appropriateness of these uses on the subject property. Therefore, given this property's location at the City's limits, the plans of the Fort McDowell Tribe to attempt to capture more sales tax revenue from Fountain Hills and area residents to the Reservation and the existence of other small scale commercial uses directly across and adjacent to the subject property on Shea Blvd., it appears that this is now the appropriate time to proceed with a well designed highway commercial project at this location. LOCATION AND ACCESSIBILITY / CIRCULATION SYSTEM The subject property will be accessible solely from two new driveways to be built on Shea Boulevard. The center driveway will have a new right turn deceleration lane within the existing Shea Boulevard right-of-way. No access would be allowed to or from Firebrick Drive, which would otherwise be required for residential use. In fact, the applicants propose a 1 ft. V.N.A.E. to preclude this access from ever being created. The topography of the subject property is such that it is well below the level of Firebrick Drive and only slightly elevated above Shea Boulevard. The project design and new access will effectively cut off the property from the neighborhood and orient it towards Shea Blvd. A slope analysis is attached to this application. Traffic has increased dramatically in the last few years, and is now approximating 35,000 commercial vehicles and automobiles per day — up from the 12,000 cars per day in 1993. It would appear that this has become a primary commute corridor, and the outlook is for ever- increasing traffic volume. Any home on this property would be downhill of Firebrick Road with the primary views from inside the home being to the east through a backyard at a 6' high sound attenuation block wall or over the wall to Shea Boulevard and the commercial uses located there. The property is simply not elevated high enough to overcome the noise, vehicle emissions, and compromised views along Shea Blvd. The 4 only situations in Fountain Hills where homes have been built along Shea Blvd., have been those where the homes were set back a significant distance and elevated above the Shea Blvd. right of way by as much as 100 feet or more. TRAFFIC IMPACT A traffic study for this project was prepared by CK Engineering, Inc. The study demonstrates that this project will not adversely affect traffic operations on Shea Boulevard. The study (originally prepared in 1998 and updated in late 1999) indicates that the current traffic flow on Shea Blvd. is comprised primarily of commuters and recreational traffic passing through the area. The primary patrons for this retail/office project would be those already using Shea Blvd. The study also indicates that the proposed development would reduce traffic within the Firerock housing development. DEVELOPMENT SCHEDULE Upon rezoning approval, the owner anticipates a minimum of twelve months to complete working drawings and leasing, and six months for building permits to be processed before construction could. Eventual completion of the total project would depend upon absorption, but it is estimated at approximately three to five years from the start of construction. PROPERTY DESIGN SPECIFICS BUILDING HEIGHT - 25' Maximum SETBACKS - 40' min from Shea Blvd. and 40' min from Firebrick Drive. These setbacks are consistent with the original R1-43 zoning COLOR PALLETT - Per the attached plans — To be approved by Architectural review committee SITE LIGHTING — No pole lighting on site. Waist high bollards where required PROPOSED USES — C-1 COVERAGE — Less than 20 % (1/3 of normal allowed C-2) DISTURBANCE AREAS — consistent with original R1-43 zoning PERIMETER LANDSCAPE ELEMENT - Box tree planting along Firebrick Dr. PARKING AND ACCESS — Lots 5,6,&7 would have reciprocal agreements for access, egress, and parking. COMMUNITY FACILITIES AND SERVICES Not Applicable PUBLIC UTILITIES AND SERVICES Water and sewage services are available to the property with sufficient capacity to accommodate the proposed project. Electrical service will be provided by APS. 5 FINANCIAL BENEFITS TO THE TOWN The Town of Fountain Hills will benefit financially from this development through the following sources of income: 1. Application fees for rezoning 2. Building permit and inspection fees 3. Rental taxes 4. Sales taxes POTENTIAL TENANTS While we do not have specific tenants lined up at this time, from our experience, we anticipate at a minimum, significant interest from the following categories of potential tenant. • Coffee shops • Marine parts retail store • Dry cleaners • Restaurants • Automotive parts retail • Convenience stores • Delicatessen • Florists • Barbershops Real estate office • Bank • Veterinary • Pharmacy While this list is in no way complete, it is offered as an example of highway oriented businesses that can be attracted to this type of site. Our previous development at 17100 E. Shea Blvd. attracted 18 tenants, 16 of which were businesses new to Fountain Hills at that time. We would expect the same type of response on this site. C.1 AREA PHOTOS Onsite Lot 6 looking NW 7 Onsite Photos Page 2 Onsite Lot 5 looking NE Lot Six looking West 0 .- •' � �' ems'. :Mai?.rW y0.t � -T vc.„• ., "'7.,r••; � _ `�Y �.i.��T"" - -••"°� ,�.,...i V , j.. s� ..`�.:. ar .. '$, - , tea• `,i, r: ' p{r"� ,, „�. "•• `�G � T � � � y h� � �'• � ��i - .. 'F y _ . k,F. Off site Photos page 4 From Monterey and Shea Looking South to lots 5&6 x cn '"`jt �St +. c.,�. .k,�" •r > �,'.: a k 1 From N side of Shea @ Arby's looking West 10 M 0. 777 Offsite Photos, Page 6 PROPOSED PLANS Attached hereto as Exhibit "A" • Highway commercial per attached drawing 1. ,MAILING LIST Attached hereto M 12 all ills Nf o CD C� A C= DLWeT, rx loqmf, of ALL.. lotto Wv** 6L. , L,)�Ad� (A ftOA4 r1a* n i3o is imi, wq mAv,.l tWl ra sl� lbs SEENE �:EMP�l SSION 'NUMBO kv A' = ,_,rgjH Imid • n 0 NORTH 2 n m 13 c r 0. %13 10 S� � g ,y,LOTS \a G �a. 5Anderson �eTOPOGRAPMC SURVEY - Ne/son /nc. P f'�r^P' S—OW - Mt. rlodhg A.. - SuDdMbhs arrlopmenl . N�Webg, Consfrucfion Msnsgement - Computer Serdcee "" .. t McDowell Road Phomlq Arizom eaooe (602) 273-1850 °"n^'� Nu�Az 152ol ex:o3J2 a nm pl a 0 0 rl ^o Vi.iP 4f LOTS 5 6 & 7 Anderson - Nelson/nC. hoe x. A MODOWaII Road a P41 East esooe u, SLOPE ANALYSIS F°gb"-, - SM • - &otq p4m - A"ma n &-kPmenf - NyoFoAog� (602) 279—.,850 ConJlrWfion Ma"gement - Computer Services ^r. ♦z �sxol res-raa 0 Kaki—, lx.WT&T< kZ VAM Cr LAV- ;tV,*J YMM6 dj AU,. 100. AhK6 W. tOWAWo4 4k -MN �Ukr t NXr, !AV # DOKDM*r. th. .F37D6.6. CL%uw AW.&WIMIJ WU;7.AZ trZbb OIA&r • m � o00 ' o mi �x'o TI:i. m my m = m 39 z D I ly .I i �IL D -4 3 / 1 L I V � Y + S no o�A �N �;jljji Isjl '• m i xG m mn 1"jljj! 7c lye Vq ux �' �" � I� 2� G - . �.x Zo - o � per,, MOM Tljl� �&fiJ�5,M/2 1� F2(, Awl cow TO NKN,' CGM�,�i�C•1�L� G�N�� ORDINANCE NO. 03-16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY REZONING + 1.71 ACRES OF LAND ALONG SHEA BOULEVARD FROM R143, SINGLE FAMILY ZONING -DISTRICT, TO C-1, NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, that adopted the Zoning Ordinance for the Town of Fountain Hills, including the "Official Zoning District Map"; and WHEREAS, the Town Council has determined that it is desirable and appropriate that + 1.71 acres of land located along Shea Boulevard, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), be rezoned from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District; and WHEREAS, the rezoning contemplated herein is consistent with the land use established for the Property by the 2002 Town of Fountain Hills General Plan; and WHEREAS, pursuant to ARiz. REv. STAT. § 9-462.04, public hearings were advertised in the May 28, 2003 edition of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on June 12, 2003, and by the Town Council on July 1, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Official Zoning District Map" is hereby amended to change the zoning district designation of the Property from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 9196.001\Riderrezone.rl-43toC-l.ord.doc 6-23-03-1 [SIGNATURES ON FOLLOWING PAGE] 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. FOR THE TOWN OF, FOUNTAIN HILLS: W. J. Nichols, May REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\Riderrezone.rl-43toC-l.ord.doc 6-23-03-1 4 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: An ew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 07/01/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Tyne of Document Needing Approval (Check all that a ® Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular' Agenda Wording: PUBLIC HEARING to receive comments on a request for a special use permit to allow truck rental at 9264 Technology Drive, aka, Fountain Hills Business Park Replat, Block 6, Lot 1. Case number SU2003-05. Consideration of approving a request for a SPECIAL USE PERMIT to allow truck rental at 9264 Technology Drive aka Fountain Hills Business Park Replat, Block 6, Lot 1. Case number SU2003-05. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request for a Special Use Permit to allow truck rental in an industrially zoned area. Current use of site is a self -storage facility. List All Attachments as Follows: Staff Report, applicant narrative, map. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D artm�Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT STAFF REPORT TO: Mayor and Council DT: June 25, 2003 FR: Denise Ruhling, Planner RE: Special Use Permit to allow Truck Rental at 9264 Technology Drive. Case #SU2003-05 This request is for a special use permit to allow Truck Rental in an Industrial zoning district at 9264 Technology Drive. APPLICANT: U-Haul Company of Arizona OWNER: Five Sac Self -Storage Corporation EXISTING ZONING: "IND-2 IUPD" EXISTING CONDITION: U-Haul Self Storage SURROUNDING LAND USES AND ZONING: NORTH: Van's Storage; zoned "END-1" and vacant industrial; zoned "IND-2" SOUTH: Mirage Cove Residential; zoned "M-1" EAST: vacant industrial; zoned "IND-2" WEST: SRP substation; zoned "IND-1" SUMMARY: This is a request for a Special Use Permit to allow truck rental in an industrially zoned area. Current use of site is a self -storage facility. Lot size is 3.5271 acres. Existing buildings on site include a showroom/office building and three (3) storage buildings with a total of 689 storage units. No new buildings are proposed. Parking required for this site is one space per 35 storage units (20 spaces) plus one space per two employees (2). The addition of a rental truck service would require one space per truck with a minimum of four (4) spaces. Provided parking for this site is 28 spaces. Based upon existing use this site would require 22 spaces. Thus the parking would allow up to six (6) rental trucks. Screening is provided by a masonry wall to the rear and sides and a wrought iron fence with slats to the front of the property. EVALUATION: On April 3, 2003, the Town Council approved Ordinance #03-03 allowing rental truck operations by special use permit in the industrially zoned districts and set forth parking requirements for the use. This application conforms to those requirements. U-Haul Truck Rental SUP Case Number SU2003-05 Based upon parking shown on the site plan this site would allow up to six (6) rental trucks to be stored on site. Any additional trucks would be removed immediately to the site in Scottsdale as explained in the narrative. Current use of the site as a self -storage facility is compatible with the proposed use. This application meets all requirements of the Town of Fountain Hills Zoning Ordinance. The Planning & Zoning Commission reviewed this application at public hearing on June 12, 2003. One public speaker was heard supporting the application. The Planning & Zoning Commission voted, unanimously, to recommend approval. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of a special use permit to allow Truck Rental in an Industrial zoning district at 9264 Technology Drive aka Fountain Hills Business Park Replat, Block 6, Lot 1. Case number SU2003-05. Page 2of2 PBA V02 0 ,s-•,� az ne bd fat is At�� The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST: Preliminary Plat Cuff Fill Waiver X Special Use Permit — SU Comprehensive Sign Plan HPE Change or Abandonment PROJECT NAME yi �e oun din -� 1 (iS Mrs. Appiica;#- L- N 1 I a Mr. CX �( Ms. Address: �� City: Mrs. Owner - Mr. s. .: 2� I�l - C' ; _ram ( ` Ms. Address. City: �:�-1x.. For Ofrioal Use Only Case Manager: Day Phonez State:.A7. Zip Day � e �3 -G S02 If application is being submitted by someone other than the owner of the property under consideration, the section below m,st be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE �' +��.� i ('-,P Ayl zoaq TO FILE THIS APPLICATION. Please Print Subscribed and sworLefore m this day of Jj16(r- M Commission Ex ires Y Expires—, 1, 1ne Notary Public FILING DATE: �� 1'7) FEE PAID• i ' ACCEPTED BY: r � , (See Fee Schedule) ' C ( 44 5 = ► f o 1. `i 1 L� (wL s ti + JOANNE FRI ED ApplicationSWB iJ'_ Page 2' 6f-lLt- EAForms\Genero1 Aodlcotron • P„pi,c seormg.00c PBA V02 The Town of Fountain Hills 5uS1nee6 P,3rv-- LEGAL DESCRIPTION 1:ik>n+21h 411 i5 _ (� Plat Name Block I Lot PROPERTY ADDRES 4 TQrI�h�,In4y Drt� try«� �v►-tt, l� �-z 2(Z Y PARCEL SIZE (Acres) , 52-71 ac ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED-Lxk�-)VIQ TRACTS EXISTING ZONING: AND " 2 PROPOSED ZONING_Iq - w4.) P Application Poge 3 of 11 E \Form\GenerG Ao�*cot,on - PutAc Hem,g.poc UIIIIIIIIIIHAUL: CONSTRUCTION DEPARTMENT U-HAUL INTERNATIONAL • 2727 N. CENTRAL AVE. • PHOENIX, AZ 85004 • (602)263-6502 • FAX NO. (602)277-1026 Proposed Use Description RE: U-Haul Storage Fountain Hills — Special Use Permit for Truck Rental The site is currently being used as an approved self -storage facility under the IND-2 zoning classification. The proposed use is for truck rental as a Special Use under the current zoning. The purpose of the proposed use would be to allow for the rental of moving trucks as part of the existing storage business. The rental vehicle operation would co -exist with the existing storage business so that U-Haul may offer its customers a complete do-it-yourself moving solution. The rental vehicles would be located in the (9) designated parking spaces on the site as indicated by the Parking / Site Plan (see attached). To facilitate this use, the existing showroom / retail area located in Building 'A' would be used to conduct all customer transactions related to the rental vehicles. No additional buildings or structures would be added to the site in conjunction with the Special Use request. The hours of operation would remain the same as they are for the storage business. They are as follows: Monday — Saturday 7 am - 7 pm Sunday 9 am - 5 pm As to the number of rental trucks requested for the Special Use Permit, the dynamic nature of incoming and outgoing vehicles makes it difficult to be specific as to the number of trucks that will be on the site at any given time. Under the Special Use Permit U-Haul would only retain, on site, during peak periods the number of rental trucks that can be accommodated by the (9) designated "rental vehicle" parking spaces shown on the Parking / Site Plan. To accommodate overlap, or more vehicles returned to the site than can be facilitated, U-Haul has a traffic center located in Phoenix that monitors traffic for centers in Arizona and would reroute vehicles to other centers and/or dealerships in the area to avoid having more vehicles on site than allowed. MIRAGE COVE CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. 16745 E. Saguaro Blvd., Unit 109, Fountain Hills, AZ 85268-6607 Tel. 480.816.6658 President: Harriet Finkelman 2005 Director. Lewis Edwards 2005 Treasurer. Richard Middleton 2004 Director. Robert Reiland 2004 Secretary: Marilyn Bennett 2006 March 3, 2003 Mr. John Kavanagh Councilman The-Towe of Fountain Hills- P.O. Box 17958 Fountain Hills, AZ 85269 Mr. Mark lacovino Prosecutor for The Town of Fountain Hills 8180 N. Hayden Road, D-204 Scottsdaie, AZ 85258 Re: U-Haul Storage Center Dear Mr. Kavanagh and Mr. lacovino: Please convey to the Town Council that U-Haul has made a monumental "good neighbor" effort to receive our complaints and then comply with our requests for changes to their physical plant in order to make their complex more compatible with our residential environ- ment just across the street. With the exception of two minor items (which they assure us are being completed), they have satisfied our demands in a most cooperative manner. Sincerely, The Board of Directors By: /�/ k2"�� Mar yn Ben ett.. Secretary t/ bcc: Carlos Vizcarra, President Americo Industries a Z r d w 'o N NNp T q C fir g} f • �G m! CIA iOR e Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular: Meeting Date: 7/1/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Auvronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of approving the PRELIMINARY PLAT for the "Trevino Business Center" which is a 9-building office complex located at the NW corner of Trevino Drive and Saguaro Boulevard, aka, 9700 Saguaro Boulevard, Case Number S2002-55. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This preliminary plat request is for a nine building, 28-unit professional office condominium project located on a unplatted parcel of land. On June 19, 2003, the Town Council approved an Alternative Hillside Development Agreement with the developer of this project. List All Attachments as Follows: Staff Report; Preliminary Plat App. & Exhibits Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: Xpartm4ent Head 3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: June 27, 2003 FR: Dana Burkhardt, Senior Planner S� RE: Preliminary plat for the "Trevino Business Center"; Case #S2002-55 LOCATION: The unplatted parcel of land located west of Saguaro Blvd., north of Trevino Dr., and east of Burkemo Dr. REQUEST: Consideration of a recommendation to Town Council on the preliminary plat for "Trevino Business Center", a nine building, 34,408 square foot professional office complex. OWNER: GMCAR, LLC APPLICANT: Carl Bommarito EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning District PARCEL SIZE: 5.5 ac (239,433.39 sf) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residences ; zoned "R1-35" SOUTH: Retail development; zoned "C-1" EAST: Multi -family development and vacant commercial lot; zoned "R-5 & C-l" WEST: Vacant single-family lot; zoned "R1-35" SUMMARY: This preliminary plat request is for a nine building, 28-unit professional office condominium project located on a unplatted parcel of land. On June 19, 2003, the Town Council approved an Alternative Hillside Development Agreement with the developer of this project. The primary purpose of the agreement is to provide a contiguous open space buffer between the commercial and residential properties, rather than isolated pockets of hillside protection easements throughout the site. The agreement also provides for extensive off -site improvements, such as the sidewalk locations and the proposed Trevino Drive right-of-way expansion. This project proposes two points of vehicle ingress/egress located on the north side of Trevino Drive. The eastern access point is the primary entrance to the site, and is designed with two one- way access aisles separated by a six foot raised median. The primary entrance is aligned for safety with the existing curb cut located on the south side of Trevino Drive. The interior drive aisles and parking areas meet the minimum dimensions and locations required by the Zoning Ordinance. The developer proposes to cover a majority of the parking spaces with metal parking canopies. This project requires a minimum of 138 on -site parking spaces and has provided 176 spaces, 8 of which are handicap accessible. The proposed development also provides three common trash enclosures and four common mailbox locations evenly distributed throughout the site. The development agreement includes provisions for the developer to provide a six-foot sidewalk along the Saguaro boulevard frontage, from Trevino Drive to Monterey Drive, in lieu of providing a sidewalk along Burkemo Drive. The purpose is to provide one complete section of sidewalk, rather than having a sidewalk dead-end at the property line along the Burkemo Drive frontage and the Saguaro Blvd. frontage. Staff believes the Saguaro Blvd. sidewalk is a priority over the Burkemo Drive due to the high volume of Traffic along Saguaro Blvd. The proposed development also provides a meandering sidewalk along Trevino Drive, with connections to the interior sidewalk system of the project. The development consists of nine (9), one-story office buildings, none of which exceed 18.5 feet in height as measured from finished grade. The site design provides a retaining and/or screen wall along the northern disturbance boundary, which allows the buildings to be placed lower than existing grade and also provides some site screening from the adjacent residences located up the hill. EVALUATION: This development meets the provisions set forth in the Alternative Hillside Development Agreement and the Zoning and Subdivision Ordinances, with exception to the required eight -foot screen wall along and adjacent to the abutting residential properties. The applicant has been working diligently with the adjacent property owners to satisfy this criterion. The residential properties to the north generally have expansive views that would be blocked by an eight -foot screen wall along the property boundary. Staff believes that the existing natural buffer, the difference in grade between the properties, and the proposed retaining/screen walls will provide adequate buffering/screening from the adjacent residences. Staff has received correspondence from three of the five adjacent property owners requesting a waiver from this requirement. Staff has stipulated that prior to final plat approval, the developer shall provide the Town a written and notarized mutual agreement between the abutting property owners and the developer, to satisfy the site -screening requirement. The applicant has stated that the office complex will only receive deliveries from couriers such as Federal Express and UPS. These visits are typically short in duration and would not justify the permanent designation of 12'x45' loading spaces. Though the CC&R's on the property deed do not permit business activities other than professional office uses, the applicant has agreed to provide the required loading areas prior to business license issuance if a business requires a separate designated loading space. On June 26, 2003 the Planning and Zoning Commission unanimously recommended approval of this preliminary plat. The Commission was generally pleased with the project layout and the development agreement approved by the Council. Chairman Downes noted that the trash enclosures located along Trevino Drive could be relocated to a less obvious place. The developer explained that the designer and engineer have gone to great lengths to locate the enclosures as inconspicuously as possible while maintaining a desirable product for their professional clients. The applicant will be providing significant landscaping to screen the trash enclosures from the Trevino Drive right of way. RECOMMENDATION: The Planning and Zoning Commission and Staff recommend approval the preliminary plat for the `Trevino Business Center"; Case Number 52002-55, with the following stipulations: 1) Prior to final plat approval, the developer shall provide the Town a written and notarized mutual agreement between the abutting property owners and the developer, to satisfy the site -screening requirement. 2) All improvement plans, such as landscaping, irrigation, grading, paving, utility and drainage plans along with a construction assurance bond and Final Drainage Report must be approved by the Town prior to final plat approval. 3) Provide a notarized letter from the commercial property owner to the south granting permission to improve the property at their east most entry location, as shown on the preliminary plat. 4) Provide a 25-foot No Build Easement and a one -foot non -vehicular access easement along the Burkemo Drive property line. 5) Prior to final Plat approval, the Final Geotechnical Report and Final Traffic Study must be approved by the Town Engineer. O�41A.ILN� TOWN OF FOUNTAiN HILLS COMMUNITY DEVELOPMENT DEPARTMENT 'RELIMiNARY. PLAT" -APPLICATION Date Filed / Fee Paid GAG ' 14O -_ Acce teo By Plat Name/Number '`' e'<v��,O'LA—T Parcel Size 5,V ��`� S Number of Lots Number of Tracts _ OQE Zoning General Plan Land Use Designation (2 _ Density Requested (Dwelling Units Per Acre) NV14 Applicant (GN l�l ►v T' (�f iL/) DaQ�y2Ph—o7ne `Address (� U J /—q?j0O City D ST Zip 7wner Day Phone Aldddr9ss_2"-3 IG-336z. City / /; G� / ✓_�J�� ,L.r-i �.fG �. 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UT, T 777777"743,'.�: Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date:: 7/1/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Cut/Fill Waiver Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda WordinjzConsideration of approving a request for a CUT/FILL WAIVER for Firerock Country Club Parcel I, Lot 5, aka, 9145 N. Vista Verde Court, Case Number CFW2003-04. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This is a request by Ben Sheier, for a 13 foot cut in excess of the ten foot maximum allowed by the Town of Fountain Hills Zoning Ordinance. The majority of the proposed cut in excess of ten feet is concealed beneath the footprint of the house, though a small portion is located at the exterior pool area. The majority of the cut beyond ten feet is located in the basement level and would not be visible from the exterior of the building. List All Attachments as Follows: Staff Report; Application & Exhibits Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: Dep tment Head Town N anager / besignee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: June 27, 2003 FR: Dana Burkhardt, Senior Planner —g RE: Case # CFW2003-04; Cut waiver request for 9145 N. Vista Verde Ct. LOCATION: REQUEST: DESCRIPTION: 9145 N. Vista Verde Ct., aka Firerock Country Club Final Plat Parcel I, Lot 5. Consideration of a cut and fill waiver to permit a 23 foot maximum cut for the development of a single-family residence. OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Dave Miller Ben Sheier "RI-35H PUD" Vacant undisturbed lot 84,763 square feet `*,.. SURROUNDING LAND USES AND ZONING: NORTH: Vacant Single -Family lot, zoned "R1-35H PUD" SOUTH: Vacant Single -Family lot, zoned "R1-35H PUD" EAST: Open Space Tract `B", zoned "RI-35H PUD" WEST: Vacant residential lot, zoned "RI-35H PUD" SUMMARY: This is a request by Ben Sheier, for a 13 foot cut in excess of the ten foot maximum allowed by the Town of Fountain Hills Zoning Ordinance. The majority of the proposed cut in excess of ten feet is concealed beneath the footprint of the house, though a small portion is located at the exterior pool area, adjacent to "Covered Deck #1 and #2". The majority of the cut beyond ten feet is located in the basement level where the "Entertainment/Bar Area and the Basketball Court" are located, and would not be visible from the exterior of the building. The proposed house plan has a footprint of 13,323 square feet, of which 7,006 square feet, or 53% is in excess of ten feet. The exterior area of the house plan in excess of ten feet is approximately 800 square feet. EVALUATION: The applicant has submitted a request for construction under building permit #2003-390. Staff may administratively approve cuts or fills beyond the ten -foot maximum for areas under the footprint of the main structure given that the cut or fill does not exceed five percent of the main structure footprint. 5% of the proposed footprint of the home would allow approximately 666.15 square feet in area to exceed the ten foot maximum cut. This application proposes 53%, or 7,006 square feet of under roof area to exceed the maximum ten foot cut allowed. Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. 2) To review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) To consider possible alternatives to the proposed plan that would conform to the ten -foot maximum cut or fill. This property is located on a peak of the ridgeline that is the highest developable property in the Firerock Country Club development. The proposed home has approximately 16,314 square feet of livable area with an overall building footprint of 13,323 square feet. This home could be developed with the same visual impact on the surrounding area with or without this cut waiver. The area of cut in excess of ten feet located under the footprint of the building and is completely concealed by the building fagade and the natural exterior grade. If the pool area beyond the ten - foot cut is raised to maintain a maximum of ten feet, this house could be constructed with the same visual impact as a house in conformance with the Zoning Ordinance. Approval of this request would allow the property owner to have a buried, livable basement level in the home. If the exterior pool area were raised to maintain a ten -foot maximum cut, there would be no exterior evidence that this project has a cut greater than ten feet. On June 26, 2003, the Planning and Zoning Commission unanimously recommended approval of this cut and fill waiver with a stipulation. The Planning Commission agreed with the fact that there would be no exterior evidence that a cut waiver existed, therefore the impact of the cut on the surrounding properties and the community is unnoticeable. Staff recommends approval of this cut and fill waiver with the stipulation that the exterior areas of the house plan maintain a maximum ten -foot cut. The Town of Fountain Hills PBA 1/02 k o 9 fat is COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST: APPLICATION Preliminary Plat X Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment For Official Use Only Case Manager: PROJECT NAME C. Mrs. Applicant- 8FN 3CKE/Ek '180-80 Day Phone Mr. 7-1�39 Ms. Address: FfjLoO� �t', 1�/ City: lr�� State: A07- Zip. �`Z�✓e— Mrs. Owner: D�yE M11-LER Day Phone Mr. Ms. Address: lSSO it1 y0fi� S�; City: State: flRl Zf 3szo If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE F l9 i� ; c L�-- � � TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of ` r, n—o — 831N3d8VO `d130N`d ._ My Commission Expires_ 9 ` b Qp no0 edooue" NOtary'PUbllC VNOZIHV �10 EliViS 00 FILING DATE: FEE PAID:_j(f_ --I.- ACCEPTED BY: (See Fee Schedule) Application Page 2 of 1 1 E \Forms\General Aopi canon - Public Heanng.aoc The Town of Fountain Hills PBA 1 /02 LEGAL DESCRIPTION - LoTs. /RF Foci Soak 5zy/r*,*5 PG, �Z a Plat Name 44eek Bow Lot PROPERTY ADDRESS 9/y5- N' V1Si� VF'2QF CoUk% PARCEL SIZE (Acres) I' 9f/✓`? NUMBER OF UNITS PROPOSED EXISTING ZONING: Application Page 3 of 1 1 E \ Forms \ Generol ApP11cation - Public Heoring. doc ASSESSOR PARCEL NUMBER TRACTS PROPOSED ZONING /7� //- Z/ a ALLEN GON5ULTING ENGINEER5, INC. CIVIL ENGINEERING • LAND SURVEYING 2550 N. Thunderbird Circle, Ste. 132 Mesa, Arizona 85215 OFFICE:480-844-1666 FAX:480-830-8453 Email: ace@allenconsultengr.com May 8, 2003 Town of Fountain Hills Community Development Department 16836 East Palisades Blvd, Bldg. C Fountain Hills, AZ 85268 Re: Miller Residence Fire Rock Lot 5 9145 North Vista Court The Miller Residence is located on Lot 5 of Fire Rock at 9145 North Vista Court. This lot has 50 feet difference in elevation across the lot. The owner is requesting a Cut/Fill Waiver to allow cuts greater than 10 feet. All cuts (10' or greater) are inside the house and will not be visible from other residences or the street. The owner has cut this house into the mountain in order to minimize exposed fill slopes. This will allow the house to be blended into the mountain and will have a lesser visible impact on the top of the ridgeline of this mountain. This house has been designed with multiple floor levels in order to minimize a disturbance, as per cross-section B-B, we have twenty-two (22) feet difference in elevation between floors on bottom level. The following chart shows the amounts of cut and fill area of this house and the enclosed map shows the actual areas on the house. AREA # DESCRIPTION AREA (S.F.) % HOUSE AREA 1 Cut 0'-2' 261 1.8% 2 Cut 0'-8' 1547 10.6% 3 Cut 0'-10' 850 5.8% 4 Cut 10'-16' 1392 9.6% 5 Cut 0'-10' 1939 13.4% 6 Cut 12'-20' 2507 17.3% 7 Cut 10'-23' 1715 11.8% 8 Cut 10'-16' 1392 9.6% 9 Cut 4'-10' 259 1.7% SUBTOTAL CUT 11,854 S.F. 81.7% 10 Fill 0'-6' 390 2.7% 11 Fill 0'-10' 12 Fill 0'-6' SUBTOTAL FILL TOTAL 2179 15.0% 77 0.6% 2,646 S.F. 18.3% 14,500 S.F. 100.00% This house is in 81.7% cut area and 18.3% fill area. Please contact me with any questions regarding this matter. Respectfully, AA1,C7 �( Gregory L. Allen, P.E., L.S. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 7/l/2003 Contact Person: Julie Ghetti Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check AppropriateAreas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only;❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Ordinance 03-14, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upoin each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide the funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30"' day of June, 2004. Staff Recommendation: Approve Fiscal Impact: Yes $1,874,000 Purpose of Item and Background Information: Ordinance 03-14 is the final step in the budget process and authorizes the Maricopa County Finance Department to levy the appropriate property tax necessary for fiscal year 2003-04. List All Attachments as Follows: Ordinance 03-14 and staff memo. Type(s) of Presentation: none Signatures of Submitting Staff: DepartmeVHea Town 4anager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet 7-11 ord 03-14.doc TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: June 16, 2003 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting Supervisor RE: Ordinance No. 03-14 Tax Levy Administration As part of the FY2003-04 budget process the Council approved the Debt Retirement section in the amount of $1,874,000. This amount allows for the payment of principal and interest on all outstanding Town bond issues. Of that amount, $1,540,000 is for the voter -approved General Obligation Bonds for the street paving project, the Lakeside open space, the Library/Museum and the open space preservation bonds. The approval of Ordinance No. 03-14 is the final step in the budget process and authorizes the Maricopa County Finance Department to levy the appropriate property tax necessary to make the debt service payment for Fiscal year 2003-2004. Based on the final assessed property valuation of $323,385,230 the approximate tax rate per $100 of assessed value will be $0.4716 or $47.16 per $100,000 residential property. Staff recommends approval of Ordinance No. 03-14. 11c rth 1C;hctt:i01 '['C1A'I`,�11i\ l 1 L; l`r1X LGV Y.doc • ORDINANCE NO.03-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2004. WHEREAS, by the provisions of State law, an ordinance is required to set the property tax levy for fiscal year 2003-2004; and WHEREAS, the County of Maricopa is the assessing and collecting authority for the Town of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of the County of Maricopa, Arizona; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That there is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, except such property as may be by law exempt from taxation, a secondary property tax rate sufficient to raise the sum of $1,540,000 for the purpose of providing a bond interest and redemption fund for General Obligation Bond debt service for the fiscal year ending June 30, 2004. SECTION 2. Failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgment of sale by which the collection of the same may be enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. PASSED AND FOR THE TOWN W. J. Nichols, Mayor All ordinances and parts of ordinances in conflict herewith are hereby repealed. PTED by the Mayor and Council of the Town of Fountain Hills, July 1, 2003. FOUNTAIN HILLS: REVIEWED BY: Tim G. Pi Bring, Town Manager 9196.001\Town tax levy.ord.doc 6-27-03-1 ATTESTED TO: XA41�b',?'-?QA"JJ' Bevelyn J. Ben, er, T'c`wn Clerk APP VED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 7/l/2003 Contact Person: Julie Ghetti Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Ordinance 03-15, levying upon the assessed valuation of the property within the Cottonwoods Maintenance District, subject to taxation a certain sum upoin each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide the funds for maintenance of certain pedestrian areas, parking and parkways; all for the fiscal year ending the 30t' day of June, 2004. Staff Recommendation: Approve Fiscal Impact: Yes $ 7.15 annually per homeowner Purpose of Item and Background Information: Ordinance 03-15 authorizes the Maricopa County Finance Department to levy the appropriate property tax necessary for Fiscal year 2003-04. List All Attachments as Follows: Ordinance 03-15 and staff memo. Type(s) of Presentation: none Sil4natures of Submitting Staff: Department Head cr- Town ana r / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet 7-11 ord 03-15.doc • TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable and Council DT: June 24, 2003 THROUGH: Mr. Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting Supervisor RE: Ordinance No. Administration Cottonwoods Maintenance District The Cottonwoods Maintenance District is a special district that was formed by the Council in June, 1999. The purpose of the district is to maintain the common pedestrian, parking and parkways property within the boundaries of that district, which is the Cottonwoods subdivision. The maintenance is provided by the Town and the costs are repaid through ad valorem taxes collected from the 58 property owners within the district. The attached Ordinance authorizes the County to levy a fixed amount of $57.15 annually on those homeowners. I would be happy to answer any questions that the Council may have. \\earth\JGhetti\WPDATA\Cottonwoods Tax Levy.doc 9196.001\CCFD 03-04.ord.doc 6-23-03 a] ORDINANCE NO.03-15 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE COTTONWOODS MAINTENANCE DISTRICT A CERTAIN SUM UPON EACH PARCEL IN THE DISTRICT SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2004. WHEREAS, the provisions of Axiz. REv. STAT. §§ 48-574 and 48-575 allow for the assessment of maintenance charges upon the lots and parcels within an improvement district and such assessments to be collected in the manner and by the officers provided by law for the collection and enforcement of general taxes; and WHEREAS, Maricopa County (the "County") is the assessing and collecting authority for the Town of Fountain Hills (the "Town"), the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of Maricopa County, Arizona. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That there is hereby levied on each lot and tax parcel listed in Exhibit A, attached hereto and incorporated herein by reference, within the corporate limits of the Town of Fountain Hills Cottonwoods Maintenance District the amount listed on such Exhibit A for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2004. SECTION 2. That failure by the County officials to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings, shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or of the judgment of sale by which the collection of the same may be enforced, shall not affect the lien of the Town upon such property for the delinquent assessment unpaid thereon, and no overcharge as to part of the assessment or of costs shall invalidate any proceedings for the collection of assessments or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. 9196.001\CCFD 03-04.ord.doc 6-23-03 I PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2003. FOR THE O OUNTAIN HILLS: ATTESTED TO: i W.J. Nic ols, Mayo Bevelyn J. Bender, Town Clerk REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\CCFD 03-04.ord.doc 6-23-03 14 APPROVED AS TO FORM: An rew J. McGuire, Town Attorney EXHIBIT A Lot No. Tax Parcel No. Amount to Lot No. Tax Parcel No. be Levied* 1 176-03-923 $57.15 42 176-03-964 2 176-03-924 $57.15 43 176-03-965 3 176-03-925 $57.15 44 176-03-966 4 176-03-926 $57.15 45 176-03-967 5 176-03-927 $57.15 46 176-03-968 6 176-03-928 $57.15 47 176-03-969 7 176-03-929 $57.15 48 176-03-970 8 176-03-930 $57.15 49 176-03-971 9 176-03-931 $57.15 50 176-03-972 10 176-03-932 $57.15 51 176-03-973 11 176-03-933 $57.15 52 176-03-974 12 176-03-934 $57.15 53 176-03-975 13 176-03-935 $57.15 54 176-03-976 14 176-03-936 $57.15 55 176-03-977 15 176-03-937 $57.15 56 176-03-978 16 176-03-938 $57.15 57 176-03-979 17 176-03-939 $57.15 58 176-03-980 18 176-03-940 $57.15 19 176-03-941 $57.15 20 176-03-942 $57.15 21 176-03-943 $57.15 22 176-03-944 $57.15 23 176-03-945 $57.15 24 176-03-946 $57.15 25 176-03-947 $57.15 26 176-03-948 $57.15 27 176-03-949 $57.15 28 176-03-950 $57.15 29 176-03-952 $57.15 30 176-03-953 $57.15 31 176-03-953 $57.15 32 176-03-954 $57.15 33 176-03-955 $57.15 34 176-03-956 $57.15 35 176-03-957 $57.15 36 176-03-958 $57.15 37 176-03-959 $57.15 38 176-03-960 $57.15 39 176-03-961 $57.15 40 176-03-962 $57.15 41 176-03-963 $57.15 *such sum may be paid in two installments, along with such parcel's other taxes 9196.001\CCFD 03-04.ord.doc 6-23-03 3 Amount to be Levied* $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 $57.15 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 7/1/2003 Contact Person: Pickering Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Proposal Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: 19.) Consideration of approving the Willdan proposal to provide PROFESSIONAL ENGINEERING, ARCHITECTURAL, AND PLANNING OVERSIGHT FOR TRANSITION OF CODE ENFORCEMENT services. Staff Recommendation: Approve Fiscal Impact: Yes $33,450 Purpose of Item and Background Information: To manage the overall transition of the civilian code enforcement program. List All Attachments as Follows: Willdan proposal Tyne(s) of Presentation: verbal Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) .,77 �3 Town Manager / Designee e:\bbender\documents\forms\agenda cover sheet 7-1 code enforcement.doc TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: June 27, 2003 Town Council FR: Tim Pickering, Town Manager RE: Proposal to manage the transition of code enforcement services The staff recommends approving the attached proposal from Willdan Company to manage the initial transition of code enforcement services from the Marshals Department to the Building Division. Willdan will provide a variety of needed services during this transition period such as supervising the Code Compliance Inspectors; reviewing and recommending changes to current policies, procedures, and code; assisting with selection and training of code compliance inspectors; determining record keeping system; and determining code enforcement equipment, vehicle, uniform, and communication needs. WHY DO WE NEED THIS CONTRACT? The Building Code Official, Peter Johnson who would supervisor the Code Compliance E Inspectors has a large workload currently because the Town's two Plan Reviewers resigned a �r few weeks ago and he has to review plans. Additionally he is training a new building inspector. Adding the supervision of two additional employees at this would impede the Town's ability to inspect buildings and review incoming plans. Basically he has too much on his plate to take on this responsibility by himself at this time. If the Building Division were running smooth and fully staffed I would be more comfortable with making the code enforcement transition without hiring a consultant, but I do not. COMPANY AND CONTRACTOR BACKGROUND Willdan is an engineering, planning, and financial management firm working with cities, towns, counties, special districts, as well as state and federal agencies. Established in 1964, Willdan has offices throughout California, Arizona, and Nevada that serve more than 400 public sector clients. The Town of Fountain Hills has used Willdan services in the past. Mr. John Poole will be our on -site provider of code enforcement management services. Mr. Poole has over 25 years of code enforcement supervisory experience. He is the recently retired Director of Code Enforcement from the City of Anaheim, California. Currently, Mr. Poole is also scheduled to be under contract with the City of North Las Vegas to begin their apartment inspection program. The Director of Public Works and I interviewed Mr. Poole and feel his unique background will serve Fountain Hills well during this start-up period. Mr. Poole will be on hand at the Council meeting to address any questions of the Council. COST $28,750 covers 250 hours anticipated for the entire six months of contract. Mr. Poole will spend 20 hours a week at Town Hall for the first two months of the contract. Reimbursement of travel will not exceed $4,700. The funding will be provided under the Building Division's professional service line item in the budget by not filling the third code compliance inspector position immediately, if at all. OTHER TRAINING & VENDOR OPPORTUNITIES The management service provided under this proposal will not replace on -going training and certification for each of the Town's Code Compliance Inspectors. Within the Phoenix area, there is an association of Code Enforcers called the Code Enforcement League of Arizona (C.E.L.A.). The Town will probably join this organization in order to have access to training seminars and certification for its employees. According to CELA's website, it does not perform management services similar to the ones we are contracting with Willdan. The staff did contact two other engineering firms as potential bidders. None of the firms would bid to provide code enforcement management services, thus we are recommending accepting Willdan's proposal. SUMMARY The Town Attorney has reviewed the proposal and determined the proposal is for professional services that do not require a formalized bid process. The staff recommends a motion to approve the Willdan proposal in the amount not to exceed $33,450. Should the Council have any additional questions, please do not hesitate to contact me. c: Tom Ward, Public Works Director Peter Johnson, Building Code Official Tpickering/tgp/my documents/codeenforcementcontract.doe/6.27/03 (61 �WILLDAN Serving Public Agencies June 23, 2003 Mr. Timothy G. Pickering, CEcD Town Manager Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85269 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 949/470-8840 fax 949/770-9041 www.willdan.com Subject: Revised Proposal to Provide Professional Oversight of Code Enforcement Services Dear Mr. Pickering: Based on our discussion on June 10, 2003, Willdan is pleased to submit this revised letter proposal to provide professional oversight (engineering, architectural and planning) to assist with the transition of the Town of Fountain Hills' code enforcement functions from the Town Marshal to the Public Works Department. We are proposing the revised scope of work outlined below to successfully accomplish this project, which will be performed by Mr. John Poole in consultation with other engineering, architectural and planning staff, as he deems necessary. 1. On -site in Fountain Hills for 20 hours per week for an initial 60-day period to supervise the day-to-day code enforcement operation and manage the overall transition of the code enforcement function from July 1, 2003 through August 30, 2003. 2. Review the existing policies, procedures, and current service concerns and recommend changes, if necessary. Additionally, will implement the recommended changes after approval of the Public Works Director and the Town Manager. 3. Provide assistance in the selection of well -qualified code enforcement personnel to permanently staff the Code Enforcement Office. 4. Provide training for any existing and newly hired code enforcement staff as well as code enforcement supervision. 5. Review automated records -keeping system for effectiveness and efficiency and implement changes, as needed. 6. Prepare and make presentations to civic groups, i.e. neighborhood associations, Chamber of Commerce, etc., regarding the Town's Code Enforcement Program. 7. Regularly meet with the Public Works Director, Town Manager, Chief Building Official and other concerned Town staff to update them regarding the transition and receive input. Mr. Timothy G. Pickering June 23, 2003 Page 2 8. Review equipment needs including uniforms, vehicles, and communications and recommend changes, if necessary. 9. Review existing forms, notices, etc., and develop new documents, as necessary. 10. Review existing municipal code and recommend changes where necessary to the Town Manager. The fee for the above services will be charged at Willdan's pre -established hourly billing rates as indicated below: Classification Hours Billin Rate Total Code Enforcement Specialist 250 $115.00 $28.750 A majority of the transition work should be accomplished during the initial 60-day period; however, the term of the contract will provide coverage for a six-month period. The above fee does not include travel or miscellaneous expenses which are estimated to be no more than $4,700.00. Therefore, the total cost of this project shall not exceed $33,450.00. The miscellaneous expenses are based on Caltrans Standard Per Diem Rates for the Phoenix/Scottsdale area. We hope this revised proposal meets with your approval. However, if it does not meet your expectations, we would appreciate the opportunity to review your concerns and adjust our scope of work and fee accordingly. If you have any questions or need additional information regarding this proposal, please contact Mr. John Poole at (714) 940-6300 or john.pooleaa willdan.com. If accepted, we understand this agreement is subject to cancellation by the Town pursuant to Arizona Revised Statute 38-511. Respectfully submitted, WILLDAN David L. Hunt, P.E. Senior Vice President Regional Office Manager Orange County Cc: Susanna Struble, Willdan, Phoenix EALeners2003\Letmr Proposals\FountainHills\CodeEnforcement.doc John . Poole Code Enforcement Specialist Accepted and Approved: 03 Town of Fountain Hills Timothy G. Pickering/ Town Manager j I%W �WILLDAServing Public �N June 23, 2003 Mr. Timothy G. Pickering, CEcD Town Manager Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85269 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 949/470-8840 fax 949/770-9041 www.wilidan.com Subject: Revised Proposal to Provide Professional Oversight of Code Enforcement Services Dear Mr. Pickering: Based on our discussion on Tune 10, 2003, Willdan is pleased to submit this revised letter proposal to provide professional oversight (engineering, architectural and planning) to assist with the transition of the Town of Fountain Hills' code enforcement functions from the Town Marshal to the Public Works Department. We are proposing the revised scope of work outlined below to successfully accomplish • this project, which will be performed by Mr. John Poole in consultation with other engineering, architectural and planning staff, as he deems necessary. 1. On -site in Fountain Hills for 20 hours per week for an initial 60-day period to supervise the day-to-day code enforcement operation and manage the overall transition of the code enforcement function from July 1, 2003 through August 30, 2003. 2. Review the existing policies, procedures, and current service concerns and recommend changes, if necessary. Additionally, will implement the recommended changes after approval of the Public Works Director and the Town Manager. 3. Provide assistance in the selection of well -qualified code enforcement personnel to permanently staff the Code Enforcement Office. 4. Provide training for any existing and newly hired code enforcement staff as well as code enforcement supervision. 5. Review automated records -keeping system for effectiveness and efficiency and implement changes, as needed. 6. Prepare and make presentations to civic groups, i.e. neighborhood associations, Chamber of Commerce, etc., regarding the Town's Code Enforcement Program. 7. Regularly meet with the Public Works Director, Town Manager, Chief Building Official and other concerned Town staff to update them regarding the transition and receive input. • Mr. Timothy G. Pickering June 23, 2063 Page 2 8. Review equipment needs including uniforms, vehicles, and communications and recommend changes, if necessary. 9. Review existing forms, notices, etc.. and develop new documents, as necessary. 10. Review existing municipal code and recommend changes where necessary to the Town Manager. The fee for the above services will be charged at Willdan's pre -established hourly billing rates as indicated below: Classification Hours Billing Rate Total Code Enforcement Specialist 250 $115.00 $28,750 A majority of the transition work should be accomplished during the initial 60-day period: however, the term of the contract will provide coverage for a six-month period. The above fee does not include travel or miscellaneous expenses which are estimated to be no more than $4,700.00. Therefore, the total cost of this project shall not exceed $33.450.00. The miscellaneous expenses are based on Caltrans Standard Per Diem Rates for the Phoenix/Scottsdale area. We hope this revised proposal meets with your approval. However, if it does not meet your expectations, we would appreciate the opportunity to review your concerns and adjust our scope of work and fee accordingly. If you have any questions or need additional information regarding this proposal, please contact Mr. John Poole at (714) 940-6300 or o� hn.poole(i��Njlldan.com. If accepted, we understand this agreement is subject to cancellation by the Town pursuant to Arizona Revised Statute 38-511. Respectfully submitted. LDAN'\�) P o. J- d , �A� David L. Hunt, P.E. Senior Vice President Regional Office Manager Orange County (W Cc: Susanna Struble, Willdan. Phoenix E.\Leners?00+\Lever Proposals\FounlalnHllls\CodeEnforcemenldoc '_John .Poole Code Enforcement Specialist Timothy G. Pick Town Managey' 7•103